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BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 ZBA FILE: 6525 NAME OF APPLICANT: Breezy Shores Community, Inc. (Heman Otano, Cottage//5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM# 1000-53-5-12.6 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 November 17, 2011 stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for 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 November 29, 2011. 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 determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community lnc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8, 2011, Notice of Disapproval based on an application for building permit for demolition and construction of a cottage 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, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3 - July 19, 2012 ZBA File#6525 - Otano CTM: 1000-53-5-126 RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built" construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: I ) the nonconformity to be considered under the use variance standards; and 2) the bulkhead setback under the ama variance standards. The use variance application was reviewed under Zoning Board file//6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage offthe foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2011, January 5, 2012, March 1, 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: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900% when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally, the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law §267-b(3)(b){4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 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 Page 3 of 3 - July 19, 2012 ZBA File#6525 - Otano limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10, 2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. An3, 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. J'ote of the Board: Ayes: Members Weisman (Chatrperson), Goehringer, Schneider, Horning. Nay Me..er Dimzio. This Resolution was duly adopted (4-l) Leslie Kanes Weisman, Chairperson Approved for filing q /~,~ /2012 / ~EPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 17, 2011 RECEIVED NOV 2 1 2011 BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 o f the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal File Number Otano, Heman (Breezy Shores Comm. Inc.) 6525 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 [~OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (co~. Main Rd. & Youngs Ave.) ~outhold, NY 11971 LOC~ WATERFRONT RESTriCTION PROG~ TO~ OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 ? RECEIVED NOV 2 9 20; MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: November 29, 2011 Re: Coastal Consistency Review for ZBA File Ref. HERNAN MICHAEL OTANO #6525 SCTM#1000-53-5-12.6 HERNAN MICHAEL OTANO #6525 - Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011 Notice of Disapproval based on an application for building permit for demolition and construction of a new 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: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is INCONSISTENT with the below denoted Policy Standards and therefore is INCONSISTENT with the LWRP. 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'. structures which functionally require a location on the coast or in coastal waters. sites where relocation of an existing structure is not practica/ The non-conformin.q, residential structure does not functionally require a location on the coast and is not water dependent. Further the structure is located within a Moderate Wave Action Zone and Flood Zone AE El 6 (FIRM Panel 0159H). However, due to the extent of the flood zone (extends north across Sa,qe Boulevard) the relocation of the cottaqe is not practical. Therefore, in the event that the action is approved, the followinq best management practices are recommended to further LWRP policies: 1. Require all runoff from impervious services be directed to drywells. 2. Require the creation of a landscaped buffer from the top-of-bulkhead landward for a distance of 20' in width. Fertilizer and herbicide applications within the buffer should be prohibited. A sample definition follows: LANDSCAPED BUFFER -- A land area of a certain lenqth and width which is planted with indiqenous, drou,qht-tolerant veqetation similar to that found within the immediate proximity of the parcel. Veqetation shall be installed in sufficient densities to achieve 95% ,qround cover within two years of installation. Survival of planted veqetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing ve.qetat on which is hazardous to life and property, trimminq tree limbs up to a heiqht of 15 feet to maintain viewsheds, replantinq of veqetation and establishinq a four-foot-wide access path constructed of pervious material for access to the water body. rAdded 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney RECE]'¥ED BOARD OF APPEALS To: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2011 *Amended 10/18/11 *Amended: 12/08/11 Heman Otano at Breezy Shores Comm. Inc. $16E. 11 St.#SA NY., NY 10009 Please take notice that your application dated September 27, 2011 For demolition & construction ora cottage at Location of property- #5 Breezy Shores Comm. Inc., Sage Blvd., Gpt., NY County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 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 from the bulkhead." The survey indicates the proposed dwelling setback approx. 50' from the bulkhead. Authorized S~gnature Note: DEC & Trustees required. *Amended to reflect "as built" changes discovered in the field. *Amended to clariS, description of structure. ,f FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED NOV 1 0 ZOll 13OARD OF APPEALS DATE: October 14, 2011 *Amended 10/18/11 To: Heman Otano at Breezy Shores Comm. Inc. 516E. 11 St. #SA NY., NY 10009 Please take notice that your application dated September 27, 2011 For ,,emolition & construction of a new dwelling at Location of property- #5 Breezy Shores Comm. Inc., Sage Blvd., Gpt, NY County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 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 y~e~ck not less than 75 feet fi.om the bulkhead." / ~ ~s the proposed dwelling setback approX. 50' ~/6m the bulkhead. Note: DEC & Trustees required. *Amended to reflect "as built" changes discovered in the field. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14 2011 NOv I 0 20ii BOARD OF ApPEAL$ To: Heman Otano at Breezy Shores Cormn. Inc. 516E. 11 St.#5A NY., NY 10009 Please take notice that your application dated September 27, 2011 For partial reconstruction o f & addition to a seasonal cottage at Location of property- #5 Breezy Shores Comm. Inc., Sage Blvd., Gpt., NY County Tax Map No. I000 - Section 53 Block 5 Lot 12.6 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 from the bulkhead." The survey indicates the proposed dwelling setback approx. 50' from the bulkhead. Authorized Signature Note: DEC & Trustees required. REGEIVED NOV l 0 Z011 BOARD OF APPEALS #4 ~,NDI ¢ WIL WIGGINS ~AGE ~sOULV_V APeD 2)8'¢x2' )P-.AINAGE RING5 ~5 HEBNAN OTANO #G RALPH ¢ LYNN WEHRMANN REPLAC EXISTING STEPS. '-~, EXISTING FOOTPRINT TO REMAIN. :INAL M/~P :EWEWFD BY ZB~ ;EE DE. CI.,%ION # ~ DATED q /1~ I ~0I,~ BULKHEAD I ,,,t' OFTItE BASED ON DRAWING DY CONDON ENGINEER. lNG, ? C' :~/~ cR$ON ? ~' ~T ;',!G UNDER THE ,SITE PLAN I "= 20'-0" P-.EVISED I I - I O- I I BA~ED ON NEW 5UP-..VEY BY YOUNG AND YOUNG, AMENDED JAN. 25, 20f I 5CTM 1000-53-05- I 2.G ?'C ALTER ANY Pr;AWING IN A~,,y I THORIZED ' CCORDANCE OTANO I 1/10/2011 FAIR,WEATHER DESIGN ASSOCIATES WITH ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. I 1944 ¢31-477-~752 (Fax) C~31-477-0~73 EQ ~"x4'MAHOGANY DEC,NC ¢ TREAD5 OVER ACQ 5UBDTRUCTURE. NOV I 0 ZOll ltOARD OF:APi~EAi. S d NEW POCKET DOOR EXISTING BEDROOM I ATTIC ABOVE I/2" MOISTURE RES. GYP.BB. WALLS AND CEILING WALLS TO BE INSULATED WITH ROXUL EXISTING PORCH TO BE REBUILT FLOORING TO MATCH EXISTrNG - WALLS AND CEILING ½" MOISTURE RESISTANT GYP.RD. CLOSET EXISTING BEDROOM 2 =INAL MAP ~E'V[EWED BY Zi~A ,EE DECISION # LINEN P LO 0 P.,, FES REBUILT EXISTING WALLS //////////I rATES NEW WALL~ NEW HEADER LIVING ROOM CATHEDRAL CEILING - ½" MOISTURE P-DSrSTANT GYF.DD. WALLS ONLY - RODE RAFTERS AND SHEATHING TO REMAIN, INSULATED ¢ FACED WITH ½" A/C PLYWOOD WITH BATTENS OVER SEAMS. - D(ISTING PERIMETER WALLS TO BE REFRAMED AS NECADSRY. VIOLATION 0 F TJ:IE-~. ~-...-~.~ )'~T!NG U~ER THE ~ ¢:', ANY/,. TtIORIZED EXISTING FLOORING TO BE SANDED AND REFINISHED. ACCORDANCE ~". DECK AT PLR.LEVEL 3'- I 0" TO GP, ADE OUTDOOR SHOWER ELEC PNL 4 x4 MAHOGANY DECKING ¢ TREADS OVER ACQ SUBSTRUCTURE. OTANO I 1/10/2011 PAl P-,VCEATM ER, DES1 GN ASSOCIATES WITH R. ODERT I. DROWN, AR,CHITECT, P.C. 205 DAY AVENUE GREEN?ORT, N.Y. I 1944 G31-477-9752 (Fax) G3 I -477-0973 I"X~~ A~EK FASCIA BOARD NEW 30YR. AS?HALT / FIBERGLASS ROOF SHINGLES (TYPICAL). 5/4"X4" AZEK DOOR ¢ WINDOW TRM HARDIPLANIK SlDrNG OVER 30lb. BUILDING PAPER, B- I/2" EXPOSURE CEDAR POST ¢ RAILINGS ~Q. CEDAR LATTICE -DTAINED BRICK FACED PERIMETER P~EP-,5 CT'~). CORNER BOARD Floor Grade 4.2' EAST ELEVATION SCALE: I/4"= I 'O" FINAL MAP REVIEWED BY ZBA SEE DECISION # Co~"~ DATED OTANO 11/10/2011 :AIP-.WEATHER DESIGN A.S6OCIATES AND ROBERT I. DROWN, ARCHITECT, P.C. 205 DAY AVENUE GREENPORT, N.Y. I 1944 G3 I -477-9752 (Fax) G31-477-0973 NEW 3OYR. AD?HALT / FIBERGLASS ROOF 5HiNGLE5 (TYPICAL). I "XG' AZER EA~C[A BOARD Eloor BI Grade 4.2' 5/4"X4' AZEK CORNER BOARD 5/4"X4" AZEK DOOR ¢ WINDOW TRM 5/4"x8" AZEK WATER TABLE HARDIPLANI~ 51DING OVER 30ih. BUILDING PAPER. 5- I/2" EXPOSUP~ CEDAR POST ,¢ RArLING5 BRICK FACED PERIMETER PfER5 WEST ELEVATION SCALE: I/4"= I '0" :INAL MAP ~EVIEWED BY ZBA DECISION # DATED__%_~ I\~x- L BQ. CEDAR LATTICE *STAINED OTANO I 1/10/2011 FAIP-.WEATHER DESIGN A550CIATE5 AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. I 1944 ~31-477-9752 (Fax) ~31-477-0973 Floor' Grade 4.2' NEW 3OYR. ABPHALT / fiIBERGLA~B ROOF SHINGLE5 (~PICAL). L BP-,ICK FACED PERIMETER PIE R~5 FPP), WATER 51DE ELEVATION SCALE; I/4"= I 'O" SQ. CEDAR LATTICE -STAINED 5/4"X4' CORNER BOARD Floor Grade 4.2' NEW 30YE, ASPHALT / FIBERGLAB5 ROOF 5tIiNGLE5 (TYPICAL). 5/4"X4" DOOR ~ TRM HA~DIP~N~ 51DING OVER ¢OIb. BUILDING PAPER, 5- U2" ~CAU ~ ........................... '" ,',i, ........... q ................. " ,,',,i BRICK FACED SQ. CEDAR PERIMETER LATTICE -STAINED ?lEE5 (TYP). 205 DAY AVENUE ENTRY 51DE ELEVATION FINAL MAP ~EVIEWED BY 2~BA L DECISION it/_~%~ D,~TED,,,~ I[~ ~ 1~ SCALE; I/4"= I '0" OTANO I 1/10/2011 FAIRWEAThlER DESIGN ASSOCIATE5 AND ROBERT I. DROWN, ARCHITECT, P.C. J GREENPORT, N.Y. I 1944 G31-477-9752 (Fax) G3 I -477-0973 %,, SOUND aEC.~IVED NUV 1 0 20Il ~OARD OF A~:A~ ~ COPy E 2011 '% \ \ r SI11: DATA TOTAL A f~-.EA P~=NIN~ULA ~U$ I~,A$1 N SU~.Vt~'r' FOR ~: ~r~nport:, To~n of Soul. hold Suffolk Count~, Ne~ York TOPO®~.APHICAL $c<al~: I" = 40' / ./' / LA L ~ ) SH~I..7"E~ iSU,~ND 'SOUND NOV 1 0 2011 4 ~NINSULA ~o~ DATA TOTAL PENINSULA OO~ t~ASIN = 1{.5415 AC, t~:5 E:,I.,IRVEYOP.'5 CERTIFICATION 5Uf~'v'~'r' FOf~ t~REEZ'f 5H0~5 COMMUNITY' ot ~r'~n~or't:, Town of 5outhold 5uEfolk Gount~, N~ TOPO~APHIGAL 5URX/E'r' I C, ount:~ Tax ~op ~,~t.~t I000 s.=t,o. ~D f~cord of f~evi~ion5 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS aouseNo.~' Street ~A.6~ '~l~/&' Hamlet SCTM 1000 Section ,ff~ Block ~ Lot(s) 1~. ~ Lot Size Zone __ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUELDINGJNS~PECTOR DATED Io[l~ it BASED ON SURVEY/SITE PLAN DATED ~/~//0 . · I ~ . 't / Xpphcant(s)/Owner(s): ~'~/:~] t Mailing Address: ,:JA'/{a Telephone: tll'~' 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: ~.,~ .~./¥1/~1 for (V~/Owner ( )Other: Address: ~!,/. ~'R~ ]~ Telephone: '~'~" t~, Fax: ~'77-Ot~"/a Email: Please check to specify who you wis~correspondence to be tnailed to, from the above names: ( ) Applicant/Owner(s), (¢) Authorized Representative, ( ) Other Name/Address below: WItEREBYTHEBUILDING INSPECTOR REVIEWED SURVEY/SITE PLAIN DATED q/~ l/0 and DENIED AN APPLICATION DATED Jo 1~ ~]11 / (~'i~uilding Permit - -- ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ) Change of Use ) Permit for As-Built Construction ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) nrticle:~/j/ Section: lib Subsection: Type of A~peal. An Appeal is made for: (vt) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, ~has not been made at any time with respect to this property., UNDER Appeal No(s). Year(s). .. (Please be sure to research before completing this question or call ottr qffice for assistance) REASONS FOR APPEAL (additional sheets may be used with preparer's signature) AREA VARIANCE REASONS: BOARD OF APPF. AL~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought b~ the applicant C~NOT be achieved b~ some method feasible ~or ~e app~e~nt to pursue, other ~n an area variance, because: (3) The amount of relief requested is not substantial because: O ~.--. IA) (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged diffieul~ been self-created? (~Yes, or ( )No. ~ ~eo ~ ~ ~ ~. Are there Covenants and Restrictions concerning this land: ~ No. ~ Yes (~lease This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to Ixefore me this day of m~l]~/ ,20 jJ Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: /t~//l~./~/t~ ~/~/~)'P/.410 Date Prepared: I. For Demolition of Existing Building Areas -- Please describe areas being removed: RECZIVED NOV ! 0 ZOll BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimcnsiuns of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: ~) Height (from finished ground to top of ridge):-*-~t~ Ig Is basement or lowest floor area being constructed? Ifyes,~pl~ase provide height (above ground) measured from natural existing grade to first floor: 14 [~C" III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~0'~ ~ ~f' Proposed increase of building coverage: _ O ~ Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpo. se.ofNewConstruct!on: ~l~v't~ ~ ~'~. t[~ "~ ~t'tj~gU.t~[q VI. Please describe the laud contours (flat, slope %, heavily wooded, marsh area, etc.) on your laud and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes v' No ~ere any proposals to change or alter land contours? No Yes, please explain on attached sheet. RECEIVED NOV 1 0 2011 ~3OARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is t~e property bulk headed between the wetlands area and the upland building area? 4.) If y~r property co.ntalns we!lan.ds or p.on~ area. s, ha.v~ you contacted the Office of and if issued, please attach copies of permit with conditions and approved sur~ey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkhea~t~ or fences that exist that are not shown on the survey that you are submitting? t~/0 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?_~If yes, please submit a copy of your building permit and survey as approved b9 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. uthori~ ;ign~ture 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 NOV ! 0 Oll ( To be completed by Appficanl o~ Project Sponsor) 1. APPLICANT / SPONSOR . ~2. PROJECT NAME 3,PROJECT LOCATION: 6, DESCRIBE PROJECT BRIEFLY: ' ~Yes ~No If no, desmibebfle~ BOARD OF APPEALS I9.~HAT IS PRESENT LAND USE IN VICINITf OF PROJECT? (Chooae as many ~s apply.) ~Resl~n~ ~,n~s~al ~C~m~, ' ~l~e ~Pa~/F~st/~nSpa~ ~O~r (des~) ~10. DOES ACTION I~OLVE A ~RMIT ~ROV~. OR FU~NG. ~W OR UL~y FROM ANY OTHER GO~RNMENTAL 11~ES ANY ASPECT OF THE ACTION ~ A CURRE~LY V~ID PERMIT OR APPR~AL~ ........ II yes. Yes ~No list agen~ ~ and ~it / appel: I CERTI~ T~T ~E INFORMATION PROVIDED ~ VE IS ~UE TO ~E BEST OF MY KNO~E~ ~ If the action Is a Costal Area, and you are a stale agency complete the Coasta ~sessment Form bfore proceeding w~b this assessment RECEIVED 80ARD OF APPEALS PART II - IMPACT ASSESSMENT {To be comp!e,ted by Lead Agency) r ~,, C~OES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 HYCRR, PART 61 ?.4? If yos. coordl~ats the review arocess and Use the FULL EAF. I--lYes B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If NO. a deciaratlos may be s uPeraeded by another involved agency r-]Yes [::]No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS A~$OCIATED WITH THE FOLLOWING: (Answers may be hemlwdttsn: il'iaglble) C1. Exiat]ng a~r quality, surface or groundwater qua~Ity or quentily noise levels, existing I~al~c pattam, solid waste pm~uctloa er disposal ,~tsctia] for et~ion, drainage ~ Ikx3ding I~edlems? Explain b~ie~ly: C3 vegetaitm or fauno, r~sh. *hel~itsh or,witdllfe ~pects~, s~gniflcant habitat~:'~ threats ~m~- Or endeng~,~ ed ~ecWe? m~'$in i~rlefly:" c6. Long ter~, sho~ term. cumulative, or other ~1'~ not identified ~1 C1-CS~/"-~IaI~ briefly: · C7. Other impacts Includ r~ chants in use Oi D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITIC.~ ENVIRONMENTAL AREA (CE~)? (Il yes, ~xplelll bliel~: PART III - ul= I I=I~MINATION OF SIGNIFICANCE (To be ~omptatad ~/Agency) INSTRUCTIONS: Foreachadversee~ectid~nti~edab~ve~determinewhe~her~t[~substant~a~rge~mp~rtant~r~thef`~viaesigni~cant` Each effect should be assessed in connection with its (a) settir~g (i.e. urban or rural); (b) probability of occurring; (c) duration: (d) irreversib~lit7: (e) geographic scope; and (f) magnitude. If necessary, add attachments or m~emnce supposing materials. Ensure that explenaitono contain sufficient detail fo show that all relevant adverse impacls have been identi~ed and adequately addressed. If clueslfon d of par t ii was checked yes, the determination of significance must evaluate the potantielimpac~ of the proposed action on{he environmental characteftsitcs of the CEA. C~/leCka ntd~Sorb~:fpYa~O~ ah epees ~ ~en ~c~ aor .~ .mo r e potsofJally large or s~niflcent adverse ,mpa c~s whichMAY ~ Then proceed directly ts the FULl Check [his box II yo~l have determined, based on the information and analysis above and any supporting documenta~on, [hal the proposed acflor WILL NOT result in a~y significant adverse environmental impacts AND provide, en attachments as- ~lecossa~. the reasons suppo~ [hi= determination. Name of Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible O~llcer in Lead Agency Signature of Responsible Officer In Lead Agency Signature of Preparer (Il different from responsible o~lcer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD REC~/VED NOV 1 0 2011 · I] . WHEN TO USE THIS FORM: The form must be completed by the applicant for any plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaiion located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- rn and 239-n of the General Municipal Law. 1) Name ofApplicant: A~n~4 ~. I'~tar/Lv~ bc~-~l~' 2) Address of Applicant: '~_~'-~ J~'W,~xo'a. , ~,~t~,,O~" ,/~'k~' Kq~L~ 3) Name of Land Owner (if other than a~plig.ant): -~l'~'_4n /~&~,,~ ~ 4) Address ofLand Owner: .~'/~, ~: tt--~+ t, Ieu 5)De.spriptionofProposedProject: reC. on.~'~c~' ' ~o.~:~l'--~,e( I~.~ 6) Location ofPrope~y (road'and tax'map num~er);,~/ ~ '~t:a~ ..2 ~... ~lOa , 7) Is the parcel within an agricultural district? [~'No [] Yes If yes, Agricultural District Number 8) Is tl~is parcel actively farmed? ~N~ WYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please u.se back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Plarming Board at 765-1938 or the Zoning Board of Appeals at 765-1809. Sign~)~re of~.pplicant Date' ' ' Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6n on tbe{r farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk oftbe board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. Id4-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED ~iOARD OF APPEAL~ The Town of Southold's Code of Ethics omhibits conflicts ofintarcst on thc oart of town officers and cmnlovees. Thc ouroose of Ibis form is Io provide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. O, (Last name, first n{ane,~iddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicele:the otho' person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tox grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"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 Socthold? "Relationship" includes by blood, marriage, or business interest. ~'Business interesf~ means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shams. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or ~osition of that person Describe the relationship between yourseff (the applicant/agenl/representative) 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 employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% oftbe shares of the corporate stock of fine applicont (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, parmer, or employee of the applicant; or __.D) the actual applicant.. DESCRIPTION OF RELATIONSHIP Form TS 1 Signature ~ . PrintName ~ /~he~tt~l ,Ofz o APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~ECEIVED BOARD OF APPEALg The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The DUrDOSe of this form is to nrovide information which can alert the town of cossible conflicts of interest and allow it to take whatever action is necessary to avoid sam~/] ~Last name. first name, middle initial, unless you am applying in the n~wa¢ 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 ~__ Building Variance ¢' Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Plaaning 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 &the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a penial 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 of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and thc town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o'r child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock oftbe applicant (when the applicant is a corporation); B) the legal or beneficial owner &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 1.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM ,6Vl 0 20t1 A. INSTRUCTIONS &OARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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). o 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 The Application has been submitted to (check appropriate response): TownBoard [] PlanningDept.[~BuildingDept.[~BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) / (c) Permit, approval, license, certification: [~// Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: RECEIVED 1 0 ZOll ~OARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: / I - . . (b) Mailing address:O~.$ (c) Telephone number: Area Code ( ) ~.~-'/ (d) Application number, if anyL Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances commnnity character, ' preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~(-'Yes [] No [~ (Not Applicable'- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes ~ No [~ (Not Applicable- please explain) ~ECE~VED ~ Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No [] (Not Applicable - please explain) APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~(Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~((Not Applicable- please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ~of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No [~(Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes [~ No ~(Not Applicable - please explain) RECi~IVED Nuv i SOARD OF APPEAL~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [~ No [~Not Applicable - please explain Attach additional sheets ifnecessa~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [~ No ~Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No [~Not Applicable - please explain FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN ARCHITECT~ P.C. RECEZVED BOARD OF APPEAL~ 205 Bay Avenue Greenport, NY 11944 631-477-1032 November 9, 2011 This Application has a long and paper-filled history, beginning with applications having been submitted and resubmitted to the Trustees and DEC beginning in April of 2010. Copies of paperwork for these agencies as permitted and amended are attached as well as the Building permit that was issued on October 10th of last year to raise the house up off crumbling foundation, build a new foundation on the exact footprint and set it down again, but at the level required for first floor elevation to meet FEMA requirements. It was at was at this point that the owner, Heman Otano found out that his Community Board although threatening suit for not repairing the foundation refused to allow him to add the landward porch addition or raise the ceiling over the loft storage area. So plans were once more modified and Hernan proceeded with the lift, foundation building & put back down on new foundation in exact same footprint as historically documented. However despite approvals to demolish & reconstruct the waterside porch which was extremely unsafe from both the trustees & DEC., Mr. Otano failed to apply to the Building Department to amend his permit to include this. The Repair then went further to replace parts of the exterior walls that had been seriously under built and were not structurally sound. It was at this time, I believe the stop work order was issued, a fine imposed and has been paid. We are before you to ask that variances may be given to allow this historic fishing Cottage to be repaired in the exact same location, on the historic footprint as the foundation had been applied for, to be in line with the rest of the existing community.. This is a unique community of Cottages is of Historic Waterfront significance and it is our hope that You will recognize moving one from its preexisting non-conforming location would seriously change to the neighborhood. Since all initial applications to all agencies, a new survey has been created and shows the line of cottages to be extremely consistent in setbacks from the bulkhead. We have submitted a copy of this as well as the complete plans to restore the Cottage that will accompany the Building Permit Application Amendment request should this Variance be approved. Thank You, Respectfully Submitted, As Agent FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 RECEIVED ~3OARD OF APPEALS AUTHORIZATION (where applicant is not the owner) residing (mailing address) do hereby authorize Amy K. Martin, or other of Fairweather Design Associates, Inc. to act as my agent to apply for all permits necessary for the proposed work to be performed ( Owner's signature FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN ARCHITECT~ P.C. 205 Bay Avenue Greenpofl, NY 11944 631-477-1032 ~EGEZVED NOV I 0 20II BOARD OF APPEALS ] November 7, 2011 Attached please find: 1. Heman Otano's check for $1,000. as doubled application fee. 2. Letter of Disapproval from Southold Town Building Department dated g/27/l l 3. Completed application forms for area variance 4. Transaction disclosure forms for both the owner & agent 5. Authorization form signed by Heman Otano permitting Amy Martin to act as Agent on his behalf 6. Property Card as obtained from Southold Town Assessors Office 7. Site Plan & elevation sheet for the Variance as requested Historic Document Chain of events in the order of approvals given; · Original Wetlands Permit dated 4/21/10 as applied for by Engineer John Condon · Original dated 5/27/10 & Amended, dated 7/2/10 DEC permit · Southold Town Building Dept. permit dated 10/7/10 to lift cottage to Required Flood Plain (NFHL) and replace crumbling foundation · Southold Town Trustees Permit amended dated 9/22/10 to add landward side porch and increase 4' of elevation as applied for. · 1 original recent oversized survey of entire property community -signed & sealed by Young & Young Surveyors of Riverhead last amendment dated 1/25/11 & 9 reduced size copies. · Letter from Community Board of Breezy Shores dated 11/8/11 · New site plan based on Young & Young's updated survey 11/10/11 · Full plans to rebuild existing cottage on approved & permitted rebuilt foundation 11/10/11 as accepted by Breezy Community having eliminated previously proposed landward porch addition and 4' height change to make loft area meet code for headroom. Amy Martin As Agent RECE'IVED ~'~ ~.~/ NUv ~ 0 Town of Southold I OARDOFAPPEAL Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PROPERTY LOCATION: S.C.T.M.#: THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATERF GRADING7 DRAINAGE AND EROSION CONTROL PLAN DlSt]lct Se(ffion alo~ ~t CERTIFIED BY A DESIGN PROFESSIONAL mN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONSTRUUI'ION ITEM# / WORKASSESSMF2qT [ Yes No a. What is the Total Ama of the Project Parcels? (thctude Total Area of all Pareeis Iocatad within I Will this Project Retain AIl Storm-Water Run-Off Generated by a Two (2") Inch Rainfall on Site? the Scope of Work for Proposed Construction) (S.F. / Acres) (This item will include all run-off created by site b. What is the Total Ama of Land Cleadng cleadng and/or construction activities as well as all and/or Ground Disturbance for the proposed Site Improvements and the permanent creation of construction activiiy? impervious surfaces.) (s.F.,A~,,) 2 Does the Site Plan and/or Survey Show All Proposed PROVIDe. BRIF~ PROJECT DF. SCRIPT[ON 0'~'~. ~a.a~P~es es New. d) Drainage Structures Indicating Size & LocaUon? This ~ r~ item shall include all Proposed Grade Changes and Slopes Contrelling Surface Water Flow. 3 DOeSand sedimentthe Site controIPlan and/or Survey desc~be the erosion~ praclJces that will be used to control site erosion and storm water discharges. This item must be maintained throughout the Entire Construction Peded. 4 Will this project Require any Land Filling, Grading or Excavation where there is a change to the Natural Existing Grade Involving more than 200 Cubic Yards~ of Matadal within any Parcel? 5 Will this Application Require Land Disturbing Activities Encompassing an Area in Excess of Five Thousand~l (5,000 S.F.) Square Feet of Ground Surface? 6 is there a Natural Water Course Running through the Site? Is this Preject within the Trustess jurisdiction~ General DEC SWPPP Requirements: or within One Hundred (100') feet of a WeUand or disturbances of one (1) or more acres; including disturbances of less than one acre that 7 Will there be Site preparation on Existing Grade Slopes are part of a larger comrnon plan that witl ultimately disturb one or mom acres of land; which Exceed Fifteen (15) feet of Vertical Rise to ] including Conslmcfion activities involving soil disturbances of less than one (1) acre where One Hundred (100') of Hodzontat Distance? 5wPPp's Shall me~t the Minimum Requirements of the SPDES General Permit 8 Will Driveways. Parking Areas or other Impervious ~ U required, post-conslmcSon storm wator management practices that will be used and/or Removal of Vegetation and/or the Constructio~ of any ~ constructed to reduce the pollutants in storm water discharges and to assure Item Within the Town Right-of-Way or Road Shoulder STATE OF NEW YORK, ,~ ~' c ~ t. cou~n'Y OF.....¢..~Y..~ O. LL%. ............ ss Uam.'o ieitMd.~* ~kjr~j 6~r~;t'f .................. ~ . sworn, deposes and says that be/she is the applicant for Permit, And that he/she is the ..... q ..Oj} Q. ~ '~ Owner and/or representative of the Owner or Om]ers, and is duly authorized to perform or have perforated the said work and to make and file this application; that all statements contained in this application are mae to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed herewith. Sworn to before me this; · ~. ...... day of.....~...~..q...t:...r'9.......~.. ,20(I - ~ ~ ~ ~ FORM - 06110 .o. 01BA6246841 SO U:THOLD ,,TRUSTEES THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. :11971 TEL.: 765-1892 TOWN OF SOU.THOL-D BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEE: (631) 765,180,2 ~ · ~'~ FAX: (631) 765-9502 . SoutholdTown. NorthFork. net Examined ,20 Approved ,20.__ Disapproved a/c BUILDING PEZMIT APPLICATION CHECKLIST Do yod~e or need the following, before applying? Board of Health 4 sets &Building Plans ' : Planning Board approval Survey Check Septic Form N.Y.S.D.E,C. Tmstees C.O. Application Flood ~ermit Single;,~, Separ~'~e Storm-Water Assessment Form Mail to: Phone: Contact: SEP 27 2011 A LICATION FOR BUILDING PERMIT BLDG DEPI ' ~ ' 10,NOF'S0"I~0tO . ] Date f'~'~' ,20 l( ~' ~ : , ,~ , ,. INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the l}uilding Inspector with 4 sets of plans, accurate plot plan to scale~"~e according to schedule· ' ' t .' - b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the pre'haises available for inspection throughout the work· e. No. building sha be occupied or used in whole or in pan for any purpose what so ever until the Building inspector issues a Certificate of Occupancy. " f. Every building permit shall expir? if the work authorized has not commenced within 12 months after the date of · issuance~r'has~hot been completed withia 18 moa'dis fi`cnn, such date. If no zonin'g aini~di'nents or other regulations affecting the property h?ce~been enacted in the interim, the Building Inspector may auth0rize, in writifi'g,,the extension of the permit for an add-itidn s~x. months, T-hereafter, a new permit shall be required· , , ~ :- ' . ,- APPLICATION IS HE~REBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of theXTown of Southold, Suffolk County, New York, and other app icable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordi~nces, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameol~ownerofpremises /.//~.~,~/' /~ OJ~o~;6 (As on the tax roll or 'latest deed) If applicant is a corporation, signature of duly authorized officer (Name and ~it}~b~.~ora~te officer) Builders Lmcrt~s.~ NO,,. 'i ,,~' ; ' Plumbers Lice~se~o, ~ '-,-, Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number St'~eet County Tax Map No. 1000 Section Block Hamlet Lot /~, (~ Subdivision Filed Map No. ~ State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ,5 b. Intended use and occupancy Repair X Removal 4. Estimated Cost~ 5. If dwelling, number of dwelling units If garage, number of cars Nature of work (check which applicable): New Building Demolition Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling up. its on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structure.s, if any: Front Height ~O'~ '~ TO'T~/'l~-~,l~mber of Stories 9. Size of lot: Front Rear 2~ t Depth Dimensions of same structure with alterations or additions: Front ;'~q-,~'-~- Rear Depth Height Number of Storiffs Dimensions of entire new construction: Front ~ ~ Rear ,. Depth Number of St[des .... Rear 10. Date of Purchase i'- Z,~ ~>~ Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO(~ 13. Will lot be re-graded? YES__ NOt)( Will excess fill be removed from premises? YES NOt~ 14. Names of Owner of premises Name of Architect g,~t' /~-,~.,~t~ Address Name of Contractor ~v~/_:j~. J~-,o=~.~.4Z..- Address 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? * YES ~ NO · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED· b. Is this property within 300 feet of a tidal wetland? * YES /' NO__ · IF YES, D.E.C. PERMITS ~AY BE P~QUIRED. 16. Provide survey, to scale, with accuraXe fbtmdation plan and distances to property lines· Phone No. Phone No~ Phone No. g 17 If elevation at .ar3. y` poin,[ o4t pm, oerty.is at.10- feet or below must provide topographical data on 18. Are there any covenants and restrictions with respect to this property? * YES ~ NO__ · IF YES, PROVIDE A COPY. survey. STATE OF NEW YORK) ,._~ b ~4 ~ -, '> SS: ~ being duly sworn, deposes and says that (s)he is the applicant ~me of individual si~g contrac0 above nmed, . CONNIE D. ~NCH (S)He is the O~ ~ ~ Not,, ~ ~ ~ ~ Yo~ (Con.actor, Agent, Co.orate Officer, etc.) Qu~ ~ ~ ~u~ . of said owner or owners, and is duly authorized to perform or have pe~ormed the said work ~d to make and file this application; that all statements confined in ~is application are true to the best of his koowledge and belief; and that the work will be perfomed in the manner set fo~h in the application filed tberewith. Sworn to before me this ~., i:~ day of "~ .- .- .- .-~'1' 20 Notary Pfi~lic ' Signatore of Applicant 2~'x2~'x 1 O' FOOting 2~X2t'X Footing 2~'x2~'x 10" 1{7 Foo~lng 2~'X2~'X Northern Elevation Foundation and Floor Framing Support Details - Plan View Foundation and Pier Section Detail EROSION CONTROL MEASURES STRAW BALE INLET PROTECTION DETAIL 2' INTO O~)UND. WmT~ FACE STAKE DRIVEN AT AN(~CE~-BEDDING DETAIL ANCHORING DETAIL .,~.o.w .,'tow STRAW BALE DIKE DETAIL Drown by: JJC Data: 4-22-2010 4.22-2010 Revision - Dfywells 2-20-2010 Initial ~ , . I Otano Residence Condon Engineenng, P.C. Unit ~7~ s~..,o.d / Breezy Shores Mat6tuck, New york 11962 S-1 ANGELA CAREN DI WILLIAM/~¢rGGI NS / ? sAG~ 50uLEVAFJ~ (2)6'~x2' PRECAST RING5 #5 MERNAN OTANO /~'~EPLACE EXISTING STEPS. BULKHEAD #G RALPH ¢ LYNN WEHRMANN · EXISTING FOOTPRINT TO REMAIN. Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer April 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town H~dl Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF APPEALS Mr. John J. Condon, P.E. Condon Engineering, P.C. 1755 Sigsbee Road Mattituck, NY 11952 RE: HERNAN MICHAEL OTANO MAIN ROAD & SAGE ROAD, SOUTHOLD SCTM# 53-5-12.3 & 12.4 Dear Mr. Condon: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 21, 2010 regarding the above matter: WHEREAS, Condon Engineering, P.C. on behalf of HERNAN MICHAEL OTANO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southo!d Town Code, the Wetland Ordinance of the Town of Southold, application dated March 30, 2010, 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 April 21,2010, 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, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning 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 HERNAN MICHAEL OTANO to replace the existing deteriorated and collapsing foundation and the installation of two (2) 8'x2' deep drywells, with the condition that the existing structure is not to be demolished and if there is a reason for the structure to have to be demolished, new permits must be applied for prior to demolition, and as depicted on the site plan prepared by Condon Engineering, P.C., last dated April 22, 2010, and stamped approved on May 3, 2010. 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 $§0.00 per inspection. (See attached schedule.) Fees:S100.00 Very truly yours, President, Board of Trustees JMD/eac New York State Department of Environmental Conservation Division of Environmental Permits- Region One SUNY @ Stony Brook, 50 Circle Road, S~ony Brook NY 11790-3409 Main Phone: (631) 444-0365 Website: wwxv.dec.state.ny.us Fax: (63I) 444-0360 Mr. Hernan Michael Otano 516 East 11$' Street Apt. 5A New York NY 10009 RE: Permit # 1-4738-03967/00001 Otano Cottage Unit #5 Breezy Shores Sage Road Greenport Dear Permittee: July 2, 2010 ~IECEIVED ~[.~v [ 0'2011 BOARD O~= Am'EA~ In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6 NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Matthew R. Penski Environmental Analyst 1 mrp Enclosure NE]Y YORK STATE DEPAR~NT OF ENVIRONMENTAL CONSEP. VAON Fac.:?~ty DEC ID 1-4738-03967 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information REGEI~/ED Permit Issued To: HERNAN MICHAEL OTANO 516 E llTH ST APT 5A NEW YORK, NY 10009 Facility: OTANO COTTAGE SAGE RD}BREEZY SHORES UNIT//5 GREENPORT, NY 11944 BOARD OF APPEALS Facility Application Contact: CONDON ENGiNEERING PC 1755 SIGSBEE RD MATTITUCK, NY 11952 (631) 298-1986 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 719.9 NYTM-N: 4550.8 'Latitude: 41o04'43.5'' Longitude: 72022'56.3'' Authorized Activity: Raise the existing cottage, install two drywells, remove the existing foundation, pump the standing water beneath the cottage to the drywells, install new footings and foundatiofi, and place clean backfill. All work shall be in strici conformance with the attached plans prepared by John J. Condon, P.E. on 6/16/10, and stamped "NYSDEC Approved" on 7/2/10. SAP-i-09-014. Permit Authorizations Tidal Wetlands - Under Articl'e 25 Permit ID 1-4738-03967/00001 New Permit Effective Date: 7/2/2010 Expiration Date: 7/1/2015 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions inclUded as part of this permit. Permit Administrator: JOHN A W~ Perm~trator Address: NYSDEC/KEJjIDN 1 HEADQUARTERS / ,~$.xUNY/~ ~ONY BROOKI5~CLE RD ./ ~ S2~O~/')~ROO~, NY 117J~0 -3~4)9 Authorized Signature..~.//~/ ~ //// D~te~/~x~ / ~ ~ Page 1 of 6 New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us May 27, 2010 Mr. John J. Condon, P.E. Condon Engineering, P.C. 1755 Slgsbee Road Mattituck NY 11952 Re: NYSDEC # 1-4738-03967/00001 Otano Application Unit #5 at Breezy Shores Dear Mr. Condon: RECEIVED 'OV 1 0 201! BOARD OF APPEALS We have reviewed the application you submitted on your client's behalf to raise the existing cottage and construct a new foundation, install drywells and drainage lines at the above property. Additional information is required. Article 25 Tidal Wetlands Jurisdiction We located an application submitted to the Department by Breezy Shores Inc. (c/o Jmues S~t~e), w~c,h. request a jurisdicti~na! de~ ~rmina~i0n: .It was de!e[!ni_n, ed ~a~ be existing rock revetment located to the west of the Otano cottage does not limit the Department's Article 25 jurisdiction since it replace a non-functional bulkhead. Therefore, the Otano proposal is within the Department's Article 25 Tidal Wetlands jurisdiction. For the purpose of this application, the tidal wetland boundary is equal to mean high water along the rock revetment. The setback to the proposals should be measured from the nearest point of the boundary (-150' from comer of cottage). The following items and information are required. We received a check from you in the amount of $50 dollars. The fee for a minor tidal wetlands project is $200 dollars. Please submit an additional check or money order in the amount of $150 dollars made payable to the NYSDEC. Site Plan Please provide a scaled site plan'for the proposal. We need you to create a site plan (top down view of project) that encompasses the entire project from Sage Blvd. to the bulkhead. Please see the enclosed sample sketch. On your plan S-1 in the scope of work, it indicates "Pump standing water from areas below the building into the drywells. Well points may not be used for this pumping and the discharge may only go to the drywells. The water may not be discharged to the wetlands. Please describe the proposed pumping on the requested site plan. Please provide four (4) copies of the requested site plan to my attention. Thank you. Sincerely, Breezy Shores Commu~y 1-4738-01951/00009 KSW Regarding your request for a letter of non-jurisdiction encompassing all the cottages at Breezy Point, you will note that there are tidal wetlands extending landward of the bulkhead on either end of the cormnunity. Therefore all cottages lying within 300 feet from the tidal wetland boundary on either side of the property would lie within jurisdiction. Further, the area landward of the rock revetment was once bulkheaded. That bulkhead failed, and in 1998 a permit was issued to replace it with rock. Once a bulkhead fails to perform its function of impeding tidal action, jurisdiction of the landward property reverts to NYSDEC. Therefore, any cottages or other structures lying within 300 feet of the revetment would also lie within the Department's jurisdiction. ~5'/~ RECEIVED ;~OARD OF APPEALS 5AGE DODLEVAR-D I (2)8'¢x2' PEEP ;ONCRETE ~ING5 #4 ANGELA CA P-,,I.l.~ N D [ WILLIAM ~fGGI N5 #5 HERNAN OTANO j EAL?H ~LYNN WEHkMANN J BASED ON DRAWING 15Y CONDON ENGINEERING, P.C. ..5lYE ?LAN I "= 20'-0" ENTRY SIDE ELEVATION ~ -ANO 09/02/2010 ELEVATIONS: ~ .... ~ FAIKWEATHEI~ DE.~IGN A~5OCIATE5 AND ROBERT 1. BROWN, AI~ClfllTECT, F.C. 205 DAY AVENUE GREEN?ORT, N.Y. 1 1944 G31-477-9752 (Fax) G3 I -477-0973 OWN EP-,/APPLt CANT: HERNAN OTANO PROJECT ADDRESS: UNIT 5 BREEzY SHOP. ES SAGE ROAD GP--.EEN?ORT, N.Y. NEW ADDITION WEST XISTING TO BE le. ENOVATED ELEVATION ~EC~.tVED 01: AppEALS FORM NO. 3 TOWN OF SOUTHOLD BUILD ZNG D~ PA/{TM~.NT Town Hail Sou~hold, N.Y. BUILD II~ P~P~4IT (THIS PEP2Z~IT MUST BE KEPT ON TME PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) P~R~IT NO. 35929 Z Date OCTOBER 7, 2010 Permission is hereby ~ranZed to: BREEZY $~O-RES COF~K3NITY PO BOX 546 OREENP___O~.NY 11944 for ~ CONSTRUCTION OF FOUNDATION TO FLOOD R~!REM~NTS AS APPLIED FOR FLD PMT INCL. at premises located at C~t¥ Tax ~ap No. 473889 Section 053 ~ur~%u~nt to application dated OCTOBER Building Inspector to ex~ire on APRIL 55490 MAIN RD GR~ENPORT Block 0005 Lot No. 012,006 1, 2010 ar~cl approved by the 7~ 2012. Fee $ 300,00 / ~ Autho~l~d Signatur~ Rev, 5/8/02 O~IGENAL. I ~ ~ 4 5 ~ 7 8 ~) I0 II 12 13 14 15 I~ I'/ STRAW BALE INLET PROTECTION DETAIL NOTES: 23'- I ~ 1. BALES SHALL BE PLACED AT THE TOE OF A SLOPE OR ON THE CONTOUR I AND IN A ROW WITH ENDS TIGHTLY ABUTTING THE ADJACENT BALES. i ~ 2, EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUM OF 4 INCHES [ AND pLACED SO THE BINDINGS ARE HORIZONTAL' I I 3. BALES SHALL BE SECURELY ANCHORED IN PLACE BY EITHER TWO STAKES i ] OR RE-BARS DRIVEN THROUGH THE BALE. THE FIRST STAKE IN EACH i I BALE SHALL BE DRIVEN TOWARD THE PREVIOUSLY LAID BALE AT AN ANGLE 2 ½' x 2 2' x 2 ~' x 22' x 2 ~' x 2 ~!' x TO FORCE THE BALES TOGETHER STAKES SHALL BE DRIVEN FLUSH 2~'x2~'x i ,,~- 10. Footing I _~ 10" Footing WITH THE BALE' . 10" Footing "~ r- - - ~ r- - - ~- - - I- - - 4. INSiPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL BE I_JI ILJI ILJI IL I MAD,E PROMPTLY AB NEEDED. 7.5x 7.5 L / L -/ L ~- / L ~ -J ACQ T -- 5. BALES SHALL SE REMOVED WHEN THEY HAVE SERVED THEtR USEFULNESS SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. ~ I~o ~8 ~' ~Fl°°r Elev' 8 10" Footing ~--71 [--- - - "~ J~- - r--- ~ lO" Footing I tB"~ S~SxB.SLeva, B "~ e ~ L -- SONOTUBE .-,'~___ _ __ ~'!olmanlzed Para~'l'l ~ SONOTUBE L / FLOW I~ P,ERSPIERS '- ,- I J L I L J L I I I I I ),.: m. ~) TWO R:EBARS, STEEL PICKETS, x x x ? ~, ~ /-~ )" OR 2"x2" STAKES DRIVEN ' x"'~x%'~% '-~ ~ ~' ~/ERTICAL ~° ~ ~',,TOGROU,C.F,RST ~~'~ --~A~'~ ..t~j~) ~. Northern Elevation 2~'x2~'x 2~'x2~'x 2~'x22~'x ~ < ~ 10" Footing 2 ~' x 2 ~'x STAKE DRIVEN AT ANGLE -'-'~EDDI NG DETAIL / ~- SCALE: 114"=1' 10" Footing ~ ~L- ~ r-- STRAW BALE. DRIVE STAKES ~ L_ 4- s SONOTUBE_~-- ~ ?.Bx?.B ~Be ' ACQ I- _ - ~ SONOTUSE L_ _ _ / S~r~o. , J~ PIERS PIERS ~ ~' ANGLE FIRST STAKE TOWARD All E,=.rn~ ~~ RECEZVED PIERS Wolmanized ParalJam PIEI~ ~ ~ 5'25 x 9,5 Lev~[ 3 LCE*~* for 7 l~ x 7 ~ D~am~ NI are -- LI'} m~. C WolmanJze~ Pa~aiJam ¢o ~ ZM~x -- Z ,11 ~ IS~JC~ V~NEER ON ~l~ J~o I-- ~ _~ , _ CONCRETE DLOCK. THE ARCHITECT, INI=PMNG[MENT5 WILL ~'x~', I~<~ 2~,,~'x ~ _y/ 2~'x~'x 7/-10" FOOtIng 10"Footingi'~<2½'x2~'x ~' ANCHORING DETAIL ~ ,a..~so.o~,~.~ ,~M~.,~,~ , ~,~OS~C~D. L __ SONOTUBE ~ ~ ~ 7,5 x 7.5 L ~ SONOTUBE L J N~. 5 ~b,r ~ I ~ --~ CONCRETE BLOCK PIERS STA~S~~ USE ISUNLAWFUL I I ~PICAL AT PERIMETER (TYP.) ~ j j (,., FOUNDATION ~ PIER SECTION ,, STRAW BALE DIKE DETAIL ~a~'~'~ta'~" ~ O U N D A T I O N P L A~ ~l EROSION CONTROL MEASURES 0FmE~~D T~ H~c, DURIN~ ~E ~U~ 0F CNSm~, CE~NN ~ ~D FEE ~ BY ~ 8~N~T~m0La~U~MAYBEC~EflE~Y~P~T~E NOTIFY BUILDING ~Y~E~ ~DIME~TO~F.aI~,~NDS, WAT~C~,~ 765-1802 a ~ TO 4 ~ F~ FOR POURED Foundation NO~: Roof Drainage Calculi8 ' 8~m t~ sewl~s ~ a su~ ~ ve~ h ~ ~ ~ 2 ROUGH - FE~ING, ~, ~ ~LV~. K J H 8. 8BJlMENT ~RIsta.~o 0mE~ ;ROBie. c0.'mo~ a~S~L (631) 298-1986 I R~NN IN ~ U~IL U~D DI~UR~D ~ ~ ~EN%Y 8T~IL~ Date: 4-22-2010 Dra~ by: JJC ~ IOO7 G F E D C 15 A James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 NOV ! 0 2011 BOARD OF APPEAI~ APPLICATION FOR AN AMENDMENT TO A WETLAND PERMIT DATE ADDRESS AGENT ADDRESS PROPERTY LOCATION TAX MAP NO. PHONE Signed By: ~'~ Jill M. Doherty, President James F. K/ng, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 22, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED NOV ! 0 2011 BOARD OF APPEALS Ms. Amy Martin Fairweather Design Associates, Inc. 205 Bay Avenue Greenport, NY 11944 RE: HERNAN MICHAEL OTANO UNIT 5, SAGE BOULEVARD, SOUTHOLD SCTM# 53-5-12.3 & 12.4 Dear Ms. Martin: The Board of Town Trustees took the following action dudng its regular meeting held on Wednesday, September 22, 2010 regarding the above matter: WHEREAS, Fairweather Design Associates, Inc. on behalf of HERNAN MICHAEL OTANO 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 August 27, 2010, 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, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 22, 2010, 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, WHEREAS, the Board has considered all the testimony and documentation submitted concerning 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 approve the application of HERNAN MICHAEL OTANO to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing; with the condition of a line of staked hay bales with silt fencing is installed pdor to construction; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated July 22, 2010, and stamped approved on September 22, 2010; and also as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated August 16, 2010 and stamped approved on September 22, 2010. 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: $100.00 Very truly yours, President, Board of Trustees RECE~'VED NOV ! 0 20II BOARD OF APPEAL~ JMD/eac ISSUED TO: HER, NAN MICHAEL OTANO PROPERTY ADDRESS: UNIT 5, SAGE BOULEVARD~ SOUTHOLD SCTM# 53-5-12.3 & 12.4 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on September 22, 2010, and in consideration of application fee in thc sum of $250.00 paid by Hernan Michael Otaao and subject to the Tea~ and Conditions as stated in the Resol, tion, thc Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to replace the existing deteriorated and collapsing foundation of the existing cottage and install a drywell for roof run-off; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing; with the condition of a line of staked hay bales with silt fencing is installed prior to construction; and as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated July 22, 2010, and stamped approved on September 22, 2010; and also as depicted on the site plan prepared by Fairweather Design Associates, Inc., last dated August 16, 2010 and stamped approved on September 22, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. - TERMS AND CONDITIONS ~ F APPEAI"~ The Pe~ittee Heman Michael Otano, residin~ at U~t 5, Sage Blvd., ~, New York as p~ of the consideration for the issuance of the Permit does underst~d and prescribe to the following: That the said Board of Trustees and the Town of Southold are released ~om any and all damages, or claims for damages, of suits rasing directly or indirectly as a result of ~y operation perfo~ed pursuit to this permit, and the said Pe~ittee will, at his or her own expense, defend any ~d all such suits initiated by third paaies, and the said Pemttee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved wilt be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pen~ittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. #4 WILLIAM ;GIN5 5AGE DOULEV ~,P'-D PP-,OP05i 2)8'E~x2' )P. AINAGE RING5 #5 OTANO #G RALPH ¢ LYNN WEHRMANN ENTRY 51DE ELEVATION OTANO 08/I G/2010 ELEVATIONS: I/8"= I'-O" PAlP. WEATHER DESIGN ASSOCIATES AND ROBERT I. bROWN, ARCHITECT, P.C. 205 DAY AVENUE GREENPORT, N.Y. I 1944 G31-477-9752 (Fax) G31-477-0973 51TE BASED ON DRAWING DY CONDON ENGINEERING, P.C. ?LAN I "=20' 0" NEW ADDITION,, 51DE XISTING TO BE RENOVATED ELEVATION BOARD O~ AppEALS Grade 4.2' 31/ 3/4" TCG PINE ROOFER~ LOVY~R P~OOF - 30 YR. GAF ASPHALT ~HINGLE5 OVER GAF WEATMER WATCH LEA~ BA~IER OVER ~-~" THE~MO~IT~ INSU~TION AND I"xg' T~G PINE ~OOFE~. 12 2-1/2 ~ UPPER ROOF - 30 YR GAF A.DPHALT 5MINGLE5 OVER 30Ih. BUILDING PAPER. PLAT~ UP I '-0'. MUD ROOM &ITCHEN FACED PEle. IM~TER PIEP~. NEW' FOOTING5 SEE j ENGINEEP-dNG PLANk. 5ECTION SCALE: I/4"= I '0" 12 I/2" THERMOSITE TCG PINE ROOFEP-~ ~"MOI~TURE P-.ESISTANT GY~.BD.TAPED 5PACRLED AND PAINTED (ALL WALL5 AND 13EDROOM CEILING5 ONLY). 2"x6" COLLAR TIES@4'-O"O.C. 5{STEP-. EXlSTING JOIST5 WITH A~fIC 5PACE OVER BEDROOM. I/2" THERMOSITE PINE P-.O0 E E P-,.5 2 13 L/VFNG ROOM CATiIEDRAL CEILING REM( FINf5~I TO 13'-6 I/2" MATCH. PORCH NEW 2"xG" ACQ .~01.5T5@ ~ ~'O.C. 7~x7t B~arn at: Pict'5 OTANO NEW I"x43" Y~LLOW PINE FLOORING OVER 4~" TH. CDX PLYWOOD 5UDFLOOR (FLC)OP,.~ TO ALIGN 'A/ITH EXISTING). RECE'I'VED NOV! 0 20II BOARD OF APPEALS 06/I G/2010 FAIP-,WI=ATHEP-.. DESI©N ASDOCIATF5 AND ~OISE~T 1. DI~OWN, AIR, CHITECT, ?.C. 205 DAY AVENUE GR. EEN?O~T, N.Y. 11944 G31-477 9752 (Fax) G31-477-0973 12 Floor I "XG' AZEK FRIEZ[ 130ARD I"X4' AZEIK CORNER ~30ARD I "XG' AZEK PA.SCIA BOARD ~2 2-1/2 , 5/4"x8" AZEK WATER TABLE 5/4"X4" AZEK DOOR ¢ WINDOW TRM OUTDOOR I "XG' HARDIPLANK 51DING OVER 301b. BUILDING PAPER. 12 ~3 CEDAR POST ~ RAIUNG5 Grade 4.2' NFW ADDITION., SIDE ~- BRICK FACED PEP-JMETER PIERS EXISTING TO 1SE RENOVATED ELEVATION SCALE: I/4"= DO. CEDAR LATrIcE -5TAINED OTANO 06/I G/2010 RECEIVED FAIIEWEATHEP-.. DESIGN ASSOCIATES AND IEOBEIET I. BP, OWN, AI~CHITECT, P.C. 205 BAY AVENUE GI~EEN?OIET, N.Y. I 1944 G31-477-9752 (Fax) G31-477-0973 i EQ EQ 4~"x4" MAHOGANy DECKING ¢ TPd~ADS OVER ACQ SUBSTRUCTURE. NEW ?OCI'r. ET DOOR EXISTING PORCH TO DE REBUILT ELOORING TO MATCH EXISTING - EXPOSED RAFTERS ¢ SHEATHING TO BE STAINED - WALL5 ~" MOISTURE RESISTANT GYP.BB. NEW HEADER EXISTING BEDROOM I A%FIC ABOVE 1/2" MOISTURE RED. GYP.BD. WALL~ AND CEILING LIVING ROOM CATHEDRAL CEILING h, M - 2 OISTURE RESISTANT GYP.BB. WALL~ ONLY - ROOF RAFFERS AND SHAEATIIlNG TO REMAIN EXPOSED, TO BE STAINED, BATH BEDROOM 2 NEW HEADE~ ½'q-H. MOISTURE RESISTANT GYP.BD. WALL~ 4: CEILING. INDICATES NEW WALL~ ffLOO ?LAN SCALE: 1/4": I '0" KITCHE~N CATHEDRAL CEILING NEW HEADER OUTDOOR 5i~OWER DECK AT FLR. LEVEL 2'-0" TO GRADE ~"x4" MAHOGANY DEC~NG 4: TREADS OVER ACQ SUBSTRUCTURE. ,, OTANO q O(5/I G/I 0 ffAIP-..WEAThlER. DESIGN ASSOCIATE WITifl P-.OBEET I. DR.OWN, AP-.CHITECT, P.C. 205 BAY AVENUE GF-,EENPOP-.T, N.Y. I 1944 G31-477-975£ (Fax) G31-477 0973 Floor Elev. 8' Existing Floor Bev. 6.18' ~ Base Flood Eiev. 6' Existing Grade Elev. 4.2' Northern Elevation SCALE: 1/4"=1' RECEI'VED NOV 1 0 ZOII OTANO BOARD OF APPEAL~ 06/I G/2010 FAIRWEATHER DESIGN ASSOCIATE5 AND ROBERT I. BROWN, ARCHITECT, P.C. 205 BAY AVENUE GREENPORT, N.Y. I t 944 G31-477-9752 (Fax) G31-477-0973 SCTM# ~ t' d_ d::L ~_ /ObO- 53 - 5- )2, ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~ 5~q ~) VILLAGE DIST. SUB. LOT TYPE OF BLD, (~_/ ~ZVED ,,~J FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL To whom it may concern: ~,EC,F..~.~/ED ~,j, t (1 ,':, !1 ~OARID OF November 8, 2011 The Co-op Board at Breezy Shores supports our shareholder, Mr. Otano, in completing his cottage restoration. When it comes to restorations and minor alterations to our cottages, our co-op has a governing set of rules and regulations that dictate a procedure for construction that is maintenance-based. Meaning, we are very clear that we want to maintain the original look and feel of our 100 year old cottages. Mr. Otano has met our criteria by maintaining the original footprint and roof line of his cottage. This Boards recognizes that the structural improvement to his cottage as necessary and reasonable. We also see value in the symmetry that the clusters of cottages have, and any deviation from this layout would certainly disrupt the continuity and integrity of this community. As with any renovation of this depth, we expect Mr. Otano to apply for all the necessary permits including the Building Department, Trustees and D.E.C. We require proof of this as a community. Mr. Otano presented us with a building Permit for the Foundation, and D.E.C. and Trustees Permits. We understand the issue of demolition is being reviewed in the town code and the Code committee is close to a decision. We hope the Zoning Board will allow Mr. Otano to finish his project as represented in his plans. The Breezy Shores Community has always valued its relationship with the Town of Southhold, with the Board of Trustees and with the Building Department. Thank you for continuing your support to help us keep Breezy the way it has been for over 100 years, and to help us maintain the rich history it holds. Best Regards, Breezy Shores Board of Directors 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, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 14, 2011 Zoning Appeal No. 6525 Transmitted herewith is Zoning Appeals No. 6525 for Hernan Michael Otano- 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, Letter from Fairweather Design and Robert I Brown Architect Explaining Background on the Application Dated November 9, 2011, Cover Letter from Fairweather Design and Robert I Brown Architect Dated November 7, 2011, Copy of Notice of Disapproval from Building Department Amended October 18, 2011, Copy of Notice of Disapproval from Building Department Dated October 14, 2011, Copy of Application for Building Permit No. 35929 with Disapproval Dated October 14, 2011, Authorization Letter from Hernan Otano to Fairweather Design Associates to Represent him in this Matter, Copy of Survey Showing Existing and Proposed Construction, Five Pages of Plans Showing Site, Floor and Elevations Dated November 10, 2011 Prepared by Fairweather Design Associates, Two Pages from Southold Town Trustees No.7280 Approving Proposed Construction and Permit Dated April 21, 2010, Copy of Foundation and Floor Framing Dated April 22, 2010 Prepared by Condon Engineering, P.C., Four Pages fi'om NYS DEC Dated July 2, 2010 as to DEC Jurisdiction, One Page Site Plan Showing Floor Plans and Elevations Dated September 2, 2010 Prepared by Fairweather Design Associates, Copy of Building Permit No. 35929Z for Construction of Foundation to Flood Requirements Dated October 7, 2010, Copy of Foundation Plans, Straw Bale Detail and Foundation & Pier Sections Dated September 30, 2010 Prepared by Fairweather-Brown Design Associates, Inc., Three Pages of Application for an Amendment to a Wetland Permit, Five Pages of Site Plans, Elevations and Floor Plans with Approval fi'om Trustees Dated September 22, 2010, Copy of Property Record Card, Twelve Pages of Photos Showing Before and After, Letter from Co-op Board at Breezy Shores Supporting Mr. Otanos' Renovations Dated November 8, 2011, Copy of Survey of Breezy Shores Community Dated January 25, 2011 Prepared by Young and Young Surveyors, Two Pages of Survey Showing All of Breezy Shores Community Dated January 25, 2011 Prepared by Young and Young Surveyors. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/14/11 Transaction(s): 1 1 Public Events * * * RECEIPT * * * Receipt: 116288 Reference Subtotal 6525 $1,000.00 Check#: 105 Total Paid: $1,000,00 Name: Otano, Hernan Michael 425 E 12th Street 1 E NewYork, NY 10009 Clerk ID: CAROLH Internal ID: 6525 MEMORANDUM OF LAW HERNAN OTANO SCTM: 1000-53-5-12.3 AND 12.4 TOWN OF SOTUHOLD ZONING BOARD OF APPEALS PUBLIC HEARING JANUARY 5, 2012 MEMORANDUM OF LAW HERNAN OTANO 1000-53-5-12.3 & 12.4 RECEIVED FACTS BOARD OF APPEALS The Breezy Shores Community property is on a 82.6 acre parcel improved with 31 detached residential cottages. The cottages have been in existence since the early 1900's when they were built as worker housing for the Sage family brick factory. After the brick factory business lessened in the 1940's the cottages were rented. The property has remained as a single parcel. The cottages continued to be rented while prior owners tried unsuccessfully to redevelop the property for luxury condominium and then 19 luxury subdivision lots. The property returned to the Sage family who continued to rent and rehabilitate the cottages. In 1994 Appeal #4242 was filed with the ZBA based on the building inspector's determination that rental of the seasonal cottages had discontinued for over two years while in litigation This appeal was discontinued, however, the Town~ recognized the continuation of the use and the Sage family applied for and received building permits. In 2000 a cooperative was formed and the long time renters were offered the opportunity to buy into the cooperative. The cooperative owners of the individual cottages continued to renovate the units under building permits issued throughout the years, and this unique community has thrived. Consistent with the obligations of the unit owners of the cooperative, Mr. Otano was working on the permits required to replace the water damaged foundation of the unit he occupies. Breezy Shores Community threatened legal action against Mr. Otano if he did not provide a date certain for this work to be done The appropriate permits were obtained to lift the existing house and pomh and replace the water damaged crumbling foundation. The first Trustees permit on April 21, 2010 allowed the foundation to be replaced but stated that "To do further work would require Trustee approval if there is a reason that the structure is to be demolished." Thereafter, Mr. Otano retained Fairweather - Brown Design Associates, Inc., which prepared new drawings and re-applied to the Trustees and NYSDEC to do more extensive work to the cottage which was: 1. Addition of non-habitable attic space over bedroom and cathedral ceiling over kitchen. 2. Existing waterside porch is dangerous and structurally unsound ...and needs replacement, lie. demolished] New steps into house required. 3. Landward mudroom addition. 4. Open outdoor shower with privacy fence enclosure. An amendment to the original Trustees permit was granted on September 22, 2010: The Trustees permit states "replace the existing deteriorated and collapsing foundation of Building Inspector and then ZBA Chairman Goehringer the existing cottage and install a drywell for roof runoff; construct a non-habitable attic space, replace the existing waterside porch; construct a landward entry addition, an outdoor shower on the south side; and replace the windows, siding and roof framing..." However, the Breezy Shores Community did not approve of a change to the roof line and mud room expansion because it would change the character of the community. The expansion was not started and only the "in kind in place" restoration of the cottage was undertaken. Less work than described in the permits was being done. Mr. Otano personally checked with the NYSDEC and their response was that if you do less work than your permit, there is no need to go back to them. The Breezy Shores Community authorized Mr. Otano to restore the structure in kind and in place. Believing he had the permits he needed, he began his renovation. While he was in NY City, his contractor called to inform him that after he had removed the clapboard siding that not only were some of the studs in the exterior walls water damaged and not safe to keep, but basic building standards were not followed. Mr. Otano told him to make it safe. The work outlined in the inspection report attached was started. Mr. Otano called for a building department "foundation and hurricane strapping inspection" as is required under his building permit. Upon his arrival Gary Fish advised Mr. Otano that he needed a building permit for any work beyond the foundation, and a stop work order was issued. The building department issued the notice of disapproval which is the subject of this appeal. BREEZY SHORES IS A COOPERATIVE DEVELOPMENT WITH PREEXISTING RESIDENTIAL UNITS The Breezy Sound property consists of non-conforming structures with conforming uses. Remodeling and reconstruction of such structures are governed by the provisions of section 280- 122. The Notice of Disapproval issued by the Building Department incorrectly identified the property as nonconforming buildings with nonconforming uses and cited 280-123 as the applicable code. Each of the 31 structures on the 82.6 acre property are single family residential units. It is common knowledge throughout the departments of the Town of Southold and confirmed by the property records of the Town's Tax Assessors, that Breezy Shores Community, formerly known as Sage Cottages, is a multi-dwelling residential resort community which predates zoning and has legally continued to the present day. It is held in the ownership form of a cooperative2 which 2 The Courts have stated that a condominium is merely a form of ownership not a change of use. See North Fork Motel, Inc.,v. Grigonis, et al.93 A.D.2d 883,461 N.Y.S.2d 414 (1983) In North Fork Motel, the Supreme Court, Appellate Division, held that the conversion of ownership of the property from a corporate form to a condominium form did not violate the is defined in the Southold Town Code as: A type of resort or multiple residences in which persons have an ownership interest in the entity which owns the building or buildings and, in addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased or otherwise made available for use by persons other than the owner thereof The use of each of the 31 structures is residential. As such, the use conforms to the underlying zoning on the property which is R-80 in which residential uses are permitted. The Building Department incorrectly determined that the use of these structures is non-conforming. In 2004 the Supreme Court, Appellate Division ruled In the Matter of Christine Dawson v. Zoning Board of Appeals of the Town of Southold, 12 AD3d 444, 785 NYS2d 84 (2004) that a residentially zoned property which contained two single family dwellings on the property, were conforming uses of the property as the property was zoned for residential use. The Court ruled that the second dwelling on the property was a nonconforming structure. The Court held that the Town was wrong to treat the use as non-conforming and that it was wrong to apply the provisionsofsection280-123.Inthisappeal, the same legal ruling applies. The31 residential units are conforming uses in the underlying R-80 residential zoning. They are non-conforming structures3 with conforming uses, and as such are governed instead by the provisions of 280-122. The provisions of Southold Town Code §280-122 (A) state: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. The work performed on the subject unit4 falls clearly within the permissible, reconstruction of the building. The work consisted of"in kind, in place" reconstruction of building elements which is authorized by the above-referenced section 280-122(A) as well as section 280-125 which states: Sonthold Town zoning ordinance because the use was unchanged. Similarly, the establishment of Breezy Sounds as a coop is a form of ownership which does not alter the use of the property. 3 Of the 31 units on the property, all 23 of the waterfront units are non-conforming structures insofar as they are located less than 75 feet from the bulkhead. 4 Attached at end of memorandum; the description of the structure and systems provided to ZBA members for site inspection of unit. notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any building or carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety,s This ends the analysis necessary in this appeal. However, it has become a practice of the building department and of this Board, to require an analysis addressing a "50 percent" rule requiring property owners to prove that the renovations or reconstruction of a building constitute less than 50% of the square footage of the structure. There is no such requirement in the Southold Town Code, and this Board has no authority to legislate one into existence.6 The provisions of section 280-122 (B) do not apply in this appeal. This subsection (B) is applicable only when a building "has been damaged by fire or other causes to the extent of more than 50% of its fair value .... ,7 And, an application to build or restore a building damaged "by fire or other causes" must be "filed within one year of the date of such damage''8 This provision of the code addresses catastrophic damage which can be ascertained by a particular date. Examples would include the first stated in the section itself, a tim. Other causes which are similarly capable of being dated include hurricane, tornado or flood. Ordinary wear and deterioration taking place over a period of time are not included. Such reconstruction is governed instead by section 280-122(A). However, and notwithstanding the applicant's position that the 50% rule does not apply in this instance, the description of the work that was performed, falls below this threshold. The work is described in the attached description of the work performed and is supported by the certification of Rob Brown, a licensed, architect as evidence that the work performed fell below the 50% rule. Herein attached Exhibit A Moreover, the subject property is 82.6 acres with 31 units. As a single developed s In 1994 the Building Inspector and then ZBA Chairman Goehringer, writing on behalf of the Board, requested an engineer's report to determine the extent of"renovation, alteration, modification, maintenance, and/or reconstruction, including new foundations or description of new pier construction, and list these and other structural changes necessary pursuant to N.Y.S. Building and Fire Code before such occupancies would be so authorized for each building;" Thus correctly applying Town Code 280-122 (A) and 280-125 [renumbered] 6 The Town Building Inspectors acting with respect to the NYS Building Code do examine building reconstruction with respect to applicable state building codes when certain thresholds are reached requiring upgrades in construction materials for example. This has become confused and blended into the Building Department's and Zoning Board's analysis, but there is no legal basis for it. 7 Southold Town Code §280-122(B)(1) 8 Southold Town Code §280-122(B)(2) property with common amenities and infrastructure improvements, any analysis of a 50% rule must look to the property and the improvements as a whole. In Appeal #4341 Jerad Motel/ Sunset Motel this Board examined the fire-damaged apartments in the Sunset Motel. In that decision, this Board recognized that the improvements at that property constituted a "single, integrated, nonconforming use" the Southold Town Zoning Board determined that the analysis on nonconforming use damaged by fire was centered on making a computation as to what percentage of the property was damaged by fire, taking into consideration all structures and buildings on the property which are devoted to the single, integrated, nonconforming use. This type of analysis is approved by courts which have considered this issue. See. Matter of Bobandal Realties v. Worthington, 21 A.D. 2na 784, affd without opinion 15 N.Y. 2d 788. This analysis is relevant to a cooperative ownership structure. The owner's interest, the owners being the Breezy Shores Community, Inc. and the proprietary lessee, Heman Otano, have a mutual and shared financial interest in not having a property investment abruptly altered or terminated by zoning regulations? Unit 5 was not damaged by fire, the repairs and reconstruction occurred in kind and in place, the extent of reconstruction was unanticipated and performed as the condition and safety of the structure was identified. RECONSTRUCTION OF UNIT WITH IN-KIND IN-PLACE IMPROVEMENTS DO NOT REQUIRE ANY VARIANCES Reconstruction of a building is expressly authorized "provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to regulations pertaining to such buildings.''~° The Building Department's Notice of Disapproval incorrectly determined that a variance from section 280-116 was needed to reconstruct the pre- existing building which was otherwise not permitted within 75 feet of the existing bulkhead on the property. The reconstruction work on the subject unit consisted of in-kind, in-place reconstruction to the pre-existing building. No new nonconformance was created nor has the existing nonconformance [distance from building to bulkhead] been increased by the reconstruction of the building. No variance is necessary. The setbacks of the units from the bulkhead establish the Breezy Shores community plan. Moreover, the individual leaseholders are not permitted to construct outside of their footprint and are required to maintain the look of the original cottages. The Breezy Shores Community Board must authorize any exterior change to the existing unit. In Mr. Otano's case they did not allow the addition of a mud room and attic. The footprint of the unit must remain in its historic 9 Unit #5 is 816 sq.fi, which is .02% Lot Coverage based on the 82.6 acres and 3.3% of the 31 structures (Assessor's records indicate 24,593 sq.fi in total sq.fl, of all structures) constituting the Breezy Shores Community Cooperative ~0 Southold Town Code §280-122(A) configuration. The overall community plan requires the Otano unit, as well as all the other units, to remain aesthetically unchanged with the historic roof line and enclosed porch. Since the cottages were first constructed, and more recently over the last twenty years, the Breezy Shores Community structures have been repaired, maintained, and reconstructed" in kind and in place". Also minor additions, with the approval of the building department and the Breezy Shores Community Inc. have been made to the individual units. The assessor's cards list 15 building permits issued for work that range from structural reconstruction to interior alterations. Other units have obvious exterior evidence of repairs without a record of building permits. The buildings were constructed in the 1920's as worker housing for the Sage brick yard. As the units were repaired by the Sage family they would offer them for rent. Without constant maintenance and repair the structures are weathered by the natural elements and sometimes require more extensive work than the owner budgets for. The Otano unit experienced significant water damage to the foundation due to the grade of the property which flooded the brick foundation and retained the moisture with the clay soils of the former brick yard. This constant moisture over the years resulted in rot to the structure. The community has demanded that the structure be repaired, and the foundation and porch be replaced, in the interest of public safety. Dawn House movers lifted the house and porch to enable a new foundation to be built. After the porch was lifted, the cottage was connected to the new foundation. However, there was no sheathing under the exterior clapboard and the existing framing was water damaged. After the porch was lifted, it was discovered that the porch was not structurally sound and needed to be reconstructed in order to structurally support new windows. The Trustees and DEC permits were obtained. The porch structure was rebuilt over the new foundation. In the main structure the studs in the walls which were not rotted at the base were retained and more studs were constructed to meet minimum construction standards. The interior finishes had evidence of mold, and historic construction materials which contained lead paint and hazardous substances. Public safety mandates that interior finishes be free of lead paint and masonite / particle board finishes containing formaldehyde be removed. The Breezy Shores Community wishes to preserve the character of their community; described in publications as "shabby sheik". The preservation of the community can only be accomplished by "in kind and in place" maintenance, repair and sometimes structural alterations and reconstruction. The reconstruction is made necessary by the New York State Building code and flood damage prevention (FEMA) which policies of both regulations are in the interest of public safety. There was no expansion of the cottage merely its preservation. REPAIRS AND MAINTENANCE and STRUCTURAL ALTERATIONS ARE SPECIFICALLY AUTHORIZED EVEN TO PREEXISTING NONCONFORMING USES Town Code section 280-125 states: "notwithstanding any of the foregoing regulations,[ i.e. section 280-122] nothing in this article shall be deemed to prevent normal maintenance and repair of any building or carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety." This section of the code would universally apply to "in kind and in place" construction which is generally no more than the maintenance of the structure which may require compliance with FEMA or the NYS Building Code. AREA VARIANCE FOR SETBACK TO BULKHEAD The as built pre-existing structure is located at less than 75 feet from the bulkhead and the building inspector has required that a variance be obtained from this setback regulation. As has been stated previously, the Breezy Shores Community plan has been established. All ofthe 23 waterfront units are similarly situated from the bulkhead, and collectively establish the character and nature of this singular community. Unit #5 is one of multiple structures which make up the residential community. To require any change to the setbacks of the single structure which is leased by Mr. Otano, would be to ask Mr. Otano to locate his building on another's property. He has no authority to change the location of the structure." Breezy Shores Community Inc. similarly has an obligation to the coop community to preserve the integrity of this unit and the value of the property. We respectfully request a variance to maintain the as built cottage, unit #5, and the variance should be granted based on the following: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The neighborhood is the Breezy Shores Community, Inc. Plan. There are no nearby properties, the community contains multiple acres and the cottages are clustered to the south along the shore front which is protected by a continuous bulkhead and groins. The immediate structural repairs for the safety of the applicant and the Breezy Shores Community was the replacement of the foundation. The foundation presented a public safety concern to the community requiring immediate attention. The foundation was replaced and the structure was lifted by Dawn House Movers. The foundation includes the main structure and enclosed porch under one roof line. The exclusive occupancy of this unit is limited to the existing structure. The "in kind, in place" repairs to the existing structure on the new foundation brings the cottage into conformity with the community plan. The setback from the bulkhead of unit #5 is duplicated by a series of cottages running parallel to the bulkhead. All the cottages form the community plan of the Breezy Shores Community and as viewed from Shelter Island Sound are in line, and are known historically as "sage cottages". As is evidenced on the survey, units C-28, C-l, C-2, C-3, #29 brick house, 2nd brick house, C-4, ~ Board of Managers of Heritage Hills of Westchester Condominium 8 v. Fenninger, 142 A.D.2d 622, 530 N.Y.S.2d 585, N.Y.A.D. 2 Dept.,1988. C-5 (Otano), C-6, C-7. C-8, C-9, C-10, C-11, C-12 have similar architectural characteristics and enclosed waterfront porches, C-28 and C-1 through C-23 are all in line approximately 50 feet from the bulkhead. (See survey prepared by Young and Young, surveyors and engineers, dated December 30, 2010). Any change to the as built structure will result in a significant undesirable change to the character of the Community and be vigorously opposed by both Mr. Otano and the Breezy Shores Community Coop Board. (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 applicant has a proprietary lease for unit #5, no more, no less. The cottage can not be moved. The Breezy Shores Community, the overall owners of the property, require that the cottage be restored to its original configuration. The architectural significance of the cottages include the roof lines and enclosed porch facing the water. The financial investment by the owner is the exterior dimensions of Unit #5 and the use of the common areas. The cottage, "as built" before the stop work order, is in its final form, has been approved by Breezy Shore Community Board and conforms to the community plan. (3) The amount of relief requested is not substantial because: The waterfront cottages are all in line approximately 50 feet from the bulkhead. The bulkhead has recently been replaced and the cottages have survived this location since 1920's. The community plan includes existing shared sanitary systems, underground utilities and water lines. A community drainage structure has been approved and should be constructed in 2012. The setbacks of unit #5 were established by the new foundation, constructed with the required permits. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The replaced crumbling foundation has made the cottage compliant with FEMA. Unit #5 and the development of the waterfront cottages at less than 75 feet from the bulkhead maintains a safe distance from the shore, the bulkhead protects the upland, and the majority of the property is undeveloped. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The cottage has been in this same location prior to zoning. The work is "in kind and in place". 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. CONCLUSION The cooperative owned units are a "residential use" therefore the code for "nonconforming buildings with nonconforming uses" is misapplied to this application. A nonconforming building with a conforming use is permitted to be reconstructed. In kind and in place construction to any unit in the Breezy Shores Community should be permitted by the building department without variances. In the Otano case the building department allowed the house & porch to be lifted and the foundation to be replaced. The setbacks to the bulkhead were established by the foundation. The balance of the construction is "in kind and in place" to meet the public safety standards of the building code. Unit #5 is one of multiple structures which comprise of the Breezy Shores Community, denial of this appeal would be detrimental to the individual owner of the proprietary lease and to the Coop which maintains the character of the community. SAGE COTTAGE UNIT #5 (31 Units in Breezy Shores) The following is a description of the structure and systems which REMAINED AND NOT RECONSTRUCTED after house lifted onto new foundation: I. ROOF SHEATHiNG (EXISTiNG SKIP SHEATHiNG WHICH IS NOT WEATHER TIGHT) RAFTERS BEAMS CEILiNG JOISTS II. FLOOR EXPOSED FLOORING (NO SUB-FLOORING) JOISTS III WALLS CEIL1NG PLATE RETAiNED SILLS- ONLY ROTTED SILLS REPLACED RETAiNED STUDS- LOWER PORTION OF SOME STUDS ROTTED WHERE CONNECTED TO WATER DAMAGED FOUNDATION- NO FLOOR PLATE EXISTED TO ATTACH STUDS TO FLOOR PLATE IV INTERIOR ROOM PARTITIONS- remained with one new partition added as a structural support wall. V. ELECTRICAL SYSTEM- same 110 AMP with 1 GFI in kitchen SAGE COTTAGE UNIT #5 (31 Units in Breezy Shores) ( B ) The following is a description of the structure and systems which WERE RECONSTRUCTED WITH A BUILDING PERMIT: *and Trustees Permit I. FOUNDATION* flood compliant and hurricane strapping to code house with pomh lifted by Dawn House Movers and placed on... NEW GIRDERS NEEDED NEW SILLS WHERE WATER DAMAGED ( C ) The following is a description of the structure and systems which WERE RECONSTRUCTED WITHOUT A BUILDING PERMIT after house lifted onto new foundation: I. EXTERIOR WALLS NO FLOOR PLATES FOR STUDS AND BASE OF STUDS WATER DAMAGED & ROTTED SKIP SHEATHING UNDER EXTERIOR CLAPBOARD (NOT WATERPROOF) II. INTERIOR FINISHES FOLLOWING TOXIC SUBSTANCES: MOLD- extensive water damage with evidence of mold throughout interior INSIDE WALLS (framing) COVERED WITH MASONITE- a particle board like material constructed from semi-toxic material generally containing formaldehyde LEAD PAINT: Interior surfaces contain lead paint (Lead Paint test strip exhibit) II. PLUMBING LEAD SOLDER: pipes removed for replacement and nontoxic solder (with solder certificate) III WINDOWS single glazed, broken, and water damaged wood frame windows removed for "in kind & in place" replacement (replacement windows stored in the building) IV. PORCH* Trustees permit to lift it with house (lifted and placed on new foundation). When clapboard removed no sheathing found the window frames were water damaged and rotted and framing for porch replaced "in kind and in place' frame of porch would not support new windows- excessive water damage & rot Robert I. Brown Architect, P.C. with Fairweather Design Associates 205 Bay Avenue, Greenport, NY 11944 fbdainc~optonline.net 631-477-9752 December 13,2011 Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Otano Application Breezy Shores, Unit #5 Property SC tax map # 1000- 53-5-12.6 Sage Boulevard, Southol8, NY Leslie Kanes Weisman, Chairperson and Board: Based on my personal inspection of the above referenced property on December 9, 2011, and to the best of my knowledge, experience and professional judgment, the attached description of demolition, reconstruction, and untouched structure, as prepared by Patricia Moore, esq. and my office, is an accurate representation of the current condition of Mr. Otano's cottage. In my opinion, and as described in the written description, while the exterior wails were replaced, the existing roof structure and floor structure, and the majority of existing interior walls remain, leading to the conclusion that both in square footage and value, less than 50% of the existing structure has been demolished. If you have any questions, please feel free to contact me. Thank you for your attention to this matter. Sincerely, Otano Cottage 5 @ Breezy Shores Expense Sheet · Riverhead Building supply invoice totals- . Sean Burns (General contractor)- . Dawn House Movers (Lift) - · Eddie Chorzepa Construction (mason foundation) $25,416.50 $27,225.00 $8,0000.00 $7,875.00 · Fairweather / Brown Associates (Architect and Expeditor) $6,137.50 · John Condon Engineer (original foundation plans) $5,000.00 · Maggio Sanitation (dumpster) $1,151.43 RECEIVED JUN ~ ? 2012 BOARD OF APPEALS Total Labor, Materials and administration $80805.43 · ~CUSTOMER ORDER NO. BILLED FROM BILLED TO DUE DATE TERMS 9~_~-79~6-3997 09/15/11 09/30/11 10/31/11 UPON iNVOICE 08/15/11 09/16/11 10772176 0.00 09/16/11 10772176 WE ACCEPT CREDIT CARDS. CURRENT: PREVIOUS BALANCE ROLL-OFF SERV. 20 YARD NY - STATE TAX @0.08625 5 SAGE BLVD,SOUTHOLD 521.40 ][ 30 DAYS: 0.00 ][ 60 DAYS: 0.00 ][ 90 DAYS: Q00 480.00 41.40 0.00 o.oo ] THIS AMOUNT 521,40) THIS AMOUNT New York State Licensed Professional Engineers 1755 Sigsbee Road Mattituck, New York 11952 condonengineering.com 631-298-1986 Fax 631-298-2651 June 18, 2010 INVOICE Mr. Hernan Otano 516 East 11t' Street Apartment 5A New York, New York 10009 Date Engineerin~ Service December 2009 through June 18, 2010 Structural Engineering Services - New foundation Design- #5 Sage Boulevard Greenport, New York Preparation of applications and drawings for the work with the DEC and any hearings/meetings with the Town Trustees. 30 hours ~ $175.00 per hour. Other Expenses- Receipts Attached- DEC Application Fee Coping Services- Site Plans for DEC and Trustees Aerial Photograph for DEC Total Kindly remit to: John Condon, P.E. t755 Sigsbee Road Mattituck, New York 11952 Char~es $3,500.00 $5,250.00 $50.00 $41.28 $9,201.28 Thank you for your payment March 29,2011 FAIRWEATItER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. !1944 631-477-9752 (fax) 631-477-0973 Heman Otano 516 East 11 th Street, Apt. 5A New York, NY 10009 Re: Otano Residence 5 Sage Blvd., Breezy Shores, Southold, NY Services rendered for Revisions to date as agreed: 8 Hours - Principal Hours ~ $150.00 $1,200.00 Total amount due - $1,200.00 Thankyom October 11,2011 FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-47%0973 Hernan Otano 516 East 11th Street, Apt. 5A New York, NY 10009 Re~ Otano Residence 5 Sage Blvd., Breezy Shores, Southold, NY Services rendered for Blueprint Revisions to September 30th as agreed: 6 Hours - Principal Hours ~ $150.00 6.5 Hours- Draftsman revisions & plotting $900.00 $487.5Q Total amount due - $1,387.50 Thankyom December 14, 2011 FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Heman Otano 516 East 11th Street, Apt. 5A New York, NY 10009 Re~ Otano Residence 5 Sage Blvd., Breezy Shores, Southold, NY Services rendered for Permits from October 1 to December 14th as agreed: 6 Hours - Principal Hours ~ $150.00 (lan 3 Hours & Rob 2 Hours) 26 Hours- Permit Agem ~ $100.00 Preparing paperwork, applications, resubmissions, copies to attorney, mailings postings & affidavits, hearing attendance $750.00 $2,600.00 Total amount due - $3,350.00 Thankyom Statement DISCOUNT AMOUNT AMO~E 204.26 I ~,u~b.ll 100 Precision Dl~e, Suite 2. Shirley, NY 11967 www. rbscorp.com SOLD TO: HERNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY 10009- ~] Address and other changes on back RIVERHEAD BUILDING SUPPLY CORP. --" Statement 5/28/11 1578530-000 RETAIN THIS POR11ON FOR YOUR RECORDS Invoice 4/28/1]] 4/29/1] 376751! In~ 5/03/11 386396 In~ 5/12/1] Bmr 5/19/1] 080001 Adj Customer Traneacflon Amount PREVIOUS BALA][CE HERNAN NEXT STATEMNT DATE 6/28/ DEDUCT IF PAID IN FULL BY 1,818.56 90.93 AMOUNT DUE 4,085.11 BAL~CE 1,818.56 3,437.07 5,994.60 6/10/11 204.26 For Orders ca, To, Free: 1-600-378-3650 Billing Inquires 1-631-727-1400 t00 Precilion Dr;ye, Suits 2. Shidey, NY 11967 (631) 727-140{} FAX: (831) ?~-~61 www. rbscorp.com Statement DISCOUNT kMOUNT N~NT DUE 5.24 I IO~.bb SOLD TO: HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10009- SUPPLY CORP. [~ Address and other changes on back Shldey, ,I I Statement 6/28/11 [1578530-0001 RETAIN THIS PORTION FOR YOUR RECORDS 4,085.11 Invoice 5/28/1]t 5/31/1] 468219! Inx 6/03/1] 480009 In~ 6/13/1] Pmt 6/13/1] Dct 6/23/13 540545 In% Customer PREVIOUS BALA~CE NEXT STATEMNT DATE 7/28/ Transaction Amoum 12.70 3.25 3,880.85 204.26 88.71 AMOUNT DUE 104.66 BALANCE 4,097.81 220.21 15.95 104.66 104.66 DEDUCT IF PAID IN FULL BY 7/10/11 5.24 For Orders ca,, To, Free: 1-800'378-3650 Billing Inquires 1-631-727-1400 100 Precision Ddve, 8ult~ 2, Shirley, NY 11967 (651) 7~7-1400 FAX: (631) 727-8361 www. rbscorp.com SOLD TO: HEKNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY RIVEBB Statement 3/28/12 1578530-000 RIVERHEAD BUILDING 10009- SUPPLY CORP. [] Address and other changes on back Shirley, NY 11967 1 7 830-000 Statement 3 / 2 8 / 12 RETAIN THIS POR~ION FOR YOUR RECORDS 1,039.27 Invoice PREVIOUS BALA1 CE NEXT STATEMNT DATE 4/28/ Transection Amount 1,028.08 2 AMOUNT DUE 11.19 BALANCE 1,039.27 11.19 11.19 .00I 11.19I .00I .00I .00 I 11.19 For Orders c,a, Toll Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 RIVEBg 100 Precision Ddve, Suite 2. Shirley, NY 11967 {631) 727-140~ FAX: (63t) 727-636t www, rbscorp.com Statement 7/28/11 DISCOUNT AMOUNT 279.13 1578530-000 HERNAN OTAMO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10009- SUPPLY CORP. [~ Address and other changes on back Shldey, NY 11967 1 7 53o ooo Statement 7/28/11 RETAIN THIS PORTION FOR YOUR RECORDS I Customer Transection Amount Tnvolce Dm Numhr 6/28/11 7/05/11 7/05/11 7/05/11 7/06/i1 7/07/1~ 57873! 7/07/11 7/07/11 7/07/11 7/09/11 7/11/11 7/12/11 591767! Inv 7/13/11 595498 Inv 7/14/11 599197 Inv 7/14/11 599225 Inu 7/14/11 599311 7/15/11 602833 Inv CONTINUED ON tEXT PAGE 492.53 833.83 22.78 315.54 303.05 106.63 36.36 108.35 628.99 64.16 330.90 38.91 480.21 29.33 80.38 237.17 5,582.17 BALANCE 104.66 597.19 1,431.02 1,453.80 1,769.34 2,072.39 2,179.02 2,215.38 2,323.73 2,952.72 3,016.88 3,347.78 3,386.69 3,866.90 3,896.23 3,976.61 4,213.78 For Orders c,~, To, Fr~e: 1-800-378-3650 Billing Inquires 1-631-727-1400 RIVERHEAD BUILDING DUPPLY 100 Precision Drive, Suite 2. ShlHey, NY 11967 (631) 727-1400 FA,Ye (63t) 727-6361 www. rbscorp.com Statement 7/28/11 1578530-000 DISCOUNT AMOUNT AtlOU~E 279.13 SOLD TO: I IIIVERHEAD BUILDING SUPPLY HERNAN OTANO 516 EAST llTH STREET RIVERHIESB, O BUILDING; APT 5A NEW YORK NY 10009- SUPPLY CORP. [~ Address and other changes on back ~0-, ~--- Statement 104.66 ] Invoice 7/15/1] 7/15/1] 7/15/1] 7/18/13 7/19/1] Customer Transaction Amount NEXT STATEMNT DATE 8/28/ 21.46 32.51 99.89 1 2,024.41 809.88 AMOUNT DUE DEDUCT IF PAID IN FULL BY 8/10/11 5,582.17 BALANCE 4,235.24 4,267.75 4,367.64 6,392.05 5,582.17 5,582.17 279.13 For Orders Cat, To, Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 RIVE.Ru, N 100 Precision Drive, Suite 2. Shirley, NY 11967 (631) 727.1400 FAX: (~31) 727-638~ www, rbscorp.com SOLD TO: RIVEB N Statement HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10008- SUPPLY CORP. ~ Address and other changes on back smrley, ~ 1,1H7 Statement RETAIN THIS PORTION FOR YOUR RECORDS Invoice 7/28/11 8/05/11 659012 Inv 8/27/11 00000] Adj 8/27/11 71399~ Inv 8/27/11 71403] Inv 8/27/1~ 71406( Inv 8/27/11 Pmt 9,188.96 I 5,749.64 167.47 Cuetomer PREVIOUS BALANCE NEXT STATEMNT DATE 9/28/ Transaction Amount 8,777.71 167.47 29.73 213.94 167.58 5,749.64 AMOUNT DUE DEDUCT IF PAID IN FULL BY 9/10/11 9,188.96 BALANCE 5,582.17 14,359.88 14,527.35 14,557.08 14,771.02 14,938.60 9,188.96 459.46 For Orders ca, To, Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 RIVERHEAD SUILDINS SUPPLY 100 Precision Drip, Suite 2. ShlHey, NY 11967 (631) 727-1400 FAX: {651) 72~438t www. rbscorp.com Statement 9/28/11 1578530-000 DISCOUNT AMOUNT A~DuE HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10009- SUPPLY CORP. [~ Address and other changes on back I Statement 9/28/11 1578530-000 RETAIN THIS PORTION FOR YOUR RECORDS 9,188.96 Invoice 9/03/1~ 72807~ 9/03/1~ 728292 9/14/1~ 748414 9/14/1~ 748415 9/14/1~ 748502 9/15/1~ 00000] 9/15/12 752535 9/16/12 754902 9/16/12 754946 9/16/1~ 9/17/1~ 757530 Pmt CrM Customer PREVIOUS BALAICE CONTINUED ON ~EXT PAGE Transaction Amount 210.62 318.43 70.78 50.15 731.44 489.09 47.73 45.00 28.66 69.07 17.37 23.86 37.011 100.03 1,500.00 342.56 9,554.32 BALANCE 9,188.96 9,399.58 9,718.01 9,667.86 10,399.30 10,888.39 10,936.12 11,006.90 11,051.90 11,080.56 11,149.63 11,167.00 11,143.14 11,180.15 11,280.18 9,780.18 9,437.62 For Orders c,ii Toll Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 ' 100 Preclsio~ Drive, Suite 2. Shirley, NY 11967 www. rbscorp.com [ SOLD TO: HERNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY Statement 9/28/11 1578530-000 DISCOUNT AMOUNT AMOUNT DUE RIVERHEAD BUILDING 10o09- SUPPLY CORP. 100 Pr~dslon Ddve, eult~ 2 [] Address and other changes on back Shirley, NY 11967 Statement 9/28/11 1578530-000 RETAIN 11.frS PORTION FOR YOUR RECORDS 9,188.96 9/17/11 9/19/11 9/26/11 9/28/11 Invoice 757534! Cr~ 110928 L/C NEXT STATEMNT Transection Amount 73.91 31.36 50.60 108.65 9,554.32 BALANCE 9,395.07 9,445.67 9,554.32 DEDUCT IF PAID IN FULL BY 10/10/11 AMOUNT DUE 9,854.32 For Orders Carl To, Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 100 Precision Driye, Suite 2. ShiHey, NY 11967 www. rbscorp.com Statement 10/28/11 1578530-000 AMOUNT DUE SOLD TO: HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10009- SUPPLY CORP. [] Address and other changes on back Shirley, NY 11967 Statement 10/28/11 1~7~530-000 RETAIN THIS PORTION FOR YOUR RECORDS 9,554.32 Invoice 9/28/1~ 000001[ Adj 10/21/1~ 10/21/1~ Pmt ~o/28/11 ~11o2~ L/¢ PO No Customer PREVIOUS BALA1CE NEXT STATEMNT DATE 11/28/ 1 Transaction Amount 90.00 96.69 3,090.00 AMOUNT DUE ;~lPIIl~'lh 6,651.01 BALANCE 9,554.32 9,644.32 6,554.32 6,651.01 For Orders c~r To, Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 RIVEBB 9 100 Precision Dflve, Suite 2. Shil4ey, NY 11967 (631) 727-1400 FAX: (631) 727-6361 www. rbscorp.com Statement 11/28/11 1578530-000 A~O~T DUE HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 1OOO9- SUPPLY CORP. [~ Address and other changes on back Sh~d,y. NY 11967 ~'11/28/11 ~ ,1~"' I Statement 11578530-000, RETAIN THIS PORTION FOR YOUR RECORDS 6,651.01 10/28/11 11/02/11 11/02/11 11/28/1: Invoice 000001Ir Adj Pmt Customer PREVIOUS BALA]~CE NEXT STATEMNT DATE 12/28/ Transaction Amount 120.00 36.69 4,120.00 AMOUNT DUE 2,687.70 BALANCE 6,651.01 6,771.01 2,651.01 2,687.70 2,687.70 For Orders c;,~ To, Free: 1-800'378-3650 Billing Inquires 1-631-727-1400 100 Pre~ision Drive, Suite 2. Shidey, NY 11967 ($$1) 727-1400 FAX: (631) 7274351 www. rbscorp.corn HERNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY Statement 12/28/11 1578530-000 RIVERHEAD BUILDING lO o o 9 - SUPPLY CORP. Address and other changes on back Shirley, ~ '11087 Statement 12/28/1! 1578530-000 RETAIN THIS PORTION FOR YOUR RECORDS 2,687.70 Invoice 11/28/11 12/02/11 ~ Pmt 12/23/11 Pmt 12/28/11 11122[ L/C Cu~omer PREVIOUS BALANCE NEXT STATEMNT DATE 1/28/ 2 Transaction Amount 20.19 600.00 500.00 AMOUNT DUE BALANCE 2,687.70 2,087.70 1,587.70 1,607.89 1,607.89 For Orders c,,, To, Frse: 1-800-378-3650 Billing Inquires 1-631-727-1400 Precision DHve, Suite 2. Shirley, NY 11967 www. rbscorp.com SOLD TO: HERNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY Statement 1/28/12 1578530-000 RIVEBg. 9 RIVERHEAD BUILDING 10009- SUPPLY CORP. 100 Precision Drive, Suite 2 Address and other changes on back Shirley, NY ~0-, ~- Statement 1/28/12 1578530-000 RETAIN THIS PORTION FOR YOUR RECORDS 1,607.89 Invoice 12/28/11 1/28/12 120128 L/C PREVIOUS BALM NEXT STATEMNT Customer DATE 2/28/ 2 Transaction Amount 20.19 1,628.08 BALANCE 1,607.89 1,628.08 AMOUNT DUE 1,628.08 For Orders Call Toll Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 IIIVERIIEAD BUILDINe BUPPLY ' 100 Preoision Drive. Suite 2. 8hirtey, NY 11967 (631) 727.1400 FAX: (63t) www. rbscorp.com Statement 2/28/12 1578530-000 HERNAN OTANO 516 EAST llTH STREET APT 5A RIVERHEAD BUILDING NEW YORK NY 10009- SUPPLY CORP. [~ Address and other changes on back Shidey, h'~' 1t967 Statement FOR YOUR RECORDS 1,628.08 Invoice 2/01/19 , Pmt 2/28/11 12022~ L/C 600.00 .00 1,039.27 Cuatomer Transection Amount BALANCE PREVIOUS BALA1CE NEXT STATEMNT DATE 3/28~ 2 11.19 600.00 AMOUNT DUE 1,628.08 1,028.08 1,039.27 1,039.27 For Orders ca, To, Free: 1-800-378-3650 Billing Inquires 1-631-727-1400 100 Precision Drive, eulte 2, Shirley, NY 11967 ($$¶) 727-14~ FAX: (~3¶} 72T-6361 www. rbscorp.com HERNAN OTANO 516 EAST llTH STREET APT 5A NEW YORK NY RIVE.Ru, N Statement 4/28/11 1578530-000 DISCOUNT ~OUNT AMOUNT DUE 90.93 RIVERHEAD BUILDING 10009- SUPPLY CORP. 100 Precblon Drive, eult~ 2 [] Address and other changes on back SNdey, 1~(1t967 Statement 4/28/11 ' 1~7~530-000 RET~N THIS PORllON FOR YOUR RECORDS 4/25/1] 4/27/1] .00 Invoice Number Type 1,818.56 .00 .00 1,818.56 Customer Transection Amount BALANCE STATEMNT HERNAN OTA NEXT DATE 5/28/:1 105.76 1,712.80 AMOUNT DUE 105.76 1,818.56 1,818.56 DEDUCT IF PAID IN FULL BY 5/10/11 90.93 For Orders c~ To, Fr~e: 1-800-378-3650 Billing Inquires 1-631-727-1400 Phone: (631) 325-0303 (G3l! 325-0302 m~,spm~dh~br,~om Fax: (631) 325-1350 Speonk Lumber Corp. 207 Montauk Hwy. Speonk NY 11972 Phone (631) 325-0303 Fax (631) 325-1350 www.speonklumber.corn (G3!):32S-0303 Date 6/3/11 The enclosed estimate has been prepared for you by an independent, outside estimator using recognized formulas and diligent effort. It is intended as a GUIDE ONLY and as a reference check. ACTUAL RESPONSIBILITY FOR ACCURACY REMAINS WITH THE CUSTOMER. Each specific trade or subcontractor should review the plan sufficiently to identify all materials requtred and actual application. Prices in this estimate will be held for 15 days. If you start this job within 15 days, Speonk Lumber will hold pdces for as long as 60 days from the date of the quote. If you start this job later than 15 days, it must be reviewed for current pdcing and requoted. The pdces quoted reflect only quantities stated and our best effort to be competitive within a reasonable time frame. Please review this quote carefully and be aware of possible cut off dates. All Special Order Window Orders Are To Be Reviewed & Verified For Accuracy Either By The Homeowner Or Contractor And Then Siqned Off. Any Window Order Over $ 5000.00 Must Have Each Pa,qe Of Quote Initialed. All Orders Need To Be S~qned Off By Salesman And Contractor or Homeowner Before Order Can Be Placed Prices on this quote are based on the fact that Speonk Lumber will be supplying the entire job. A restocking fee may be charged on all stock items returned within 30 days, SPECIAL ORDER ITEMS ARE NOT RETURNABLE FOR CREDIT, ALL SPECIAL ORDER ITEMS REQUIRE A 40% DEPOSIT BEFORE ORDERING. All Special Order Items Are Invoiced To Customer Upon Receivinj7 At .qpe-__~k Lumbs;' "WE DO NOT CHARGE A DELIVERY CHARGE IN SUFFOLK COUNTY" Approval For Order Approved Purchaser: Thank You, Date: Shane S, Smith Salesman: Date; President Customer: Hernan Michael Otano Customer Phone; Project: Woodwrtght Ver2 Address: Salesman: Grant Werner Prepared By: WN Quoted Price $8,259.36 . Less 5% Prompt $412.97 Pay Dis Total Price $7,846.39 * Please Note gross Sales Tax must be added to Total The Following Andersen Pricing Is Predicated On Van Ordering Specs. With A 3-5 Week Delivery Schedule Page 2 of 2 Speonk Lumber Corp. 207 Montauk Hwy. Speonk NY 11972 Phone (631) 325-0303 Fax (631) 325-1350 Customer: Hernan Michael Otano Job Name: Woodwright Ver2 Salesman: Grant Werner Prepared By: WN Date: 6/3/11 Item Qtny Pkg Lgth Description Price Total Yhe Following Andersen Pricing Is 0.00 =redicated On Van Ordering Specs. 0.00 With A 3-5 Week Delivery 0.00 Schedule 0.00 0.00 0.00 1 Each Andersen Va.qn Price and Spec Schedule 8259,38 8259.36 0,00 0.00 0.00 O.OC O.OC 0.00 --- And o.oo -- __ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 O.OC 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Subtotal 8259.36 Andersen Windows - Abbreviated Quote Report Project Name: Heman Michael Otano - Ver2 WDH - Van Quote #: 1132 Print Data: 06/03/2011 Quote Data: 06103/2011 tQ Version: 11.1 Dealer;. SPEONK LUMBER / MILLWORK DIVISION Cu&[u~r; 207 Montauk Highway Biffing Speonk, New York 11972 Address: 631-325-0303 (FAX) 631-325-5984 Phone: Sales Rep: Grant Warner Contact: Fax: CSR Name: Wa ter Newcomb Item Qty Item Size (Cp~ra~.;on) Location Unit Price ~tPrica I)001 8 WDH2636 (AA) Porch $ 449.88 $ 3599,04 RO Size = 2' 8 1/8" W x 3' 8 7/8" H Unit Size = 2' 7 5/8" W x 3' 8 718" H Unit, Equal Sash, White/Clear Pine, High Performance Low-E4 Glass, Divided Light with Spacer, Specified Equa~ Lite, 2wlh, 7/8", Chamfer, Ext Grills - White, Iht Grille - Pine (Each Sash) Equal Sash, Insect Screen. White Lock, Sash, WDH. Estate Style - Bright Brass (Includes Keeper and Screws) 0002 2 WDH2636 (AA) Porch $ 509.16 $ 1018.32 RO Size = 2' 8 1/8" W x 3' 8 718" H Unlt Size = 2' 7 $18" W x 3' 8 718" H Unit, Equal Sash, White/Clear Pine, High Pen'ormance Law-E4 Tempered Glass, Divided Light with Spacer, Specified Equal Lite, 2wlh, 718", Chamfer, Ext Grille -White, Iht Grille- Pine (Each Sash) Equal Sash, Insect Screen, White Lock, Sash, WDH, Estate Style - Bright Brass (Includes Keeper and Screwsl 0003 4 WDH2642E (AA) Living Room & Bedrooms $ 483.71 $ 1934.84 RO Size = 2' 8 118" W x 4' 4 718" H Unit Size = 2' 7 518" W x 4' 4 718" H Unit, Equal Sash, White/Clear Pine, High Performance Low-E4 Glass, Divided Light with Spacer, Specified Equal Lite, 2wl h, 7/8", Chamfer, Ext Grills - White, Int Grille - Pine (Each Sash) Equal Sash, Insect Sareen, White Lack. Sash, WDH, Estate Style - Bright Brass (Includes Keeper and Screws) Quote#: 1132 PrintDate: 06/03/2011 Page 1 Of 3 iQVerslon: 11.1 Item City Item Size (Operalton) Location Unlt Price 0004 1 AN21 (V) Bathroom $ 339.02 $ 339.02 RO Size = 2' 0 518" W x 1' 9" H Unit Size = 2' 0 118" W x 1' 8 112" H Un;t, White/Clear Pine, V Handing, High Performance Low-E4 Glass, Divided Light with Spacer, Colonial, 2W2H, 718", Ext Grille - White. Int Gdlle - Pine Insect Screen. Stone Hardware Pack, PSA, Estate Style - Bright Brass 0005 2 A21 (V) Attic I Loft $ 351.50 $ 703.16 RO Size = 2' 0 6/8" W x 2' 0 5/8" H Unit Size = 2' 0 tl8" W x 2' 0 1/8" H Unit, White/Clear Pine, V Handing, High Performance LowE4 Glass. Divided Light with Spacer, Colonial, 2W2H, 7/0", Ext Gdlle - White, Iht Gdlle - Pine insect Screen. Stone Hardware Pack, PSA, Estate Style - Bright Brass 0006 I CN23 (LR) Kitchen $ 664.98 $ 664.98 RO Size -- 3' 5 1/4" W x 3' 0 112" H Unit Size = 3' 4 3/4" W x 2' 11 15115" H Unit, White/Clear Pine, LR Handing. (All Sash) High Performance Low-E4 Glass, Divided Light with Spacer, Specified Equal Lite, 2w2h, 718", Ext Grille - White, Iht Gr;lle- Pine Insect Screen, Stone Hardware Pack, PSC, Estate Style - Bright Brass Customer Signature Total Load Factor 2.812 Subtotal ~$ 8,25g.36~ Tax (0.000%) ~ 0.00I Grand Total ~$ 8,259.3b~ Dealer Signature ** All graphics viewed from the exterior ** Rough opening dimensions are minimums and may need to be increased to allow for use of buitding wraps or flashings or sill panning or brackets or fasteners or other items. Quote#: 1132 PrintDate: 06t0312011 Page 2 Of 3 iQVeraion: 11.1 Item City Item Size (Operation) Location Unit PHce Ext. Pdce [Project Comments: Quota~. 1132 Pr~ntDats: 06/03/2011 Page 3 Of 3 iQVersion: 11.1 Heritage Estimate A Riverhead Building Supply Company 1093 Pulaski St., Riverhead, NY 11901 Tel. 631-727-3650 I Date [3/26/2012 Name / Address Ship To Hernan Otano Cutchogue 516E. I lth. St. New York City, NY 10009 I Estimate Nbr. Terms Rep 4604 50% Deposit Required JRI Item Description Species Ot¥ U/M Cost Total Flooring Country Grade, White Oak, 3/4" x 8" face, tongue Ctry Wht Oak 850 sq Pt 5.25 4,462.50T & groove with stress reliefs. optional floor Flooring Premium Grade, Eastern White Pine, 3/4" x 8" Preen EWP 850 sq Pt 4.65 3,952.50T face~ tongue & groove with stress reliefs. This estimate is valid for 14 days from the above date mentioned. Delivery time is ¢~ 21 days frown sign-offs and deposit. Subtotal $8,415.00 we have read this order and agree that the quantities, specifications and sizes are correct. We understand that the order cannot be changed or cancelled once manufacture has Sales Tax (8.625%) $725.79 begun. Approved by: Iota I $9,140.79 Date: March 16, 2012 Robert I. Brown Architect, P.C. with Fairweather Design Associates 205 Bay Avenue, Greenport, NY 11944 fbdainc~optonline.net 631-477-9752 ~ Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 BOARD OF AppeAL$ Re~ Otano Application Breezy Shores, Unit #5 Property SC tax map # 1000- 53-5-12.6 Sage Boulevard, Southold, NY Leslie Kanes Weisman, Chairperson and Board: Attached please find the breakdown of work done on the above referenced project, on which I have based my judgment that less than 50% of the existing structure has been demolished. As I have stated, to the best of my knowledge, belief and professional judgment, while the exterior wails were replaced, the existing roof structure and floor structure, and the majority of existing interior wails remain, leading to the conclusion that both in square footage and vaiue, less than 50% of the existing structure has been demolished. If you have any questions, please feel free to contact me. Thank you for your attention to this matter. ly, I. Brown, Architect Robert I. Brown Architect, P.C. with Fairweathcr Design Associates 205 Bay Avenue, Greenport, NY 11944 fbdainc~optonline.net 631-477-9752 MARCH 16, 2012 OTANO RESIDENCE ASSESSMENT OF DEMOLITION DONE TO EXISTING STRUCTURE RECEIVED FOUNDATION: EXISTING LOCUST POSTS REMOVED INTERIOR WALL FRAMING: REMOVED: 188 SQ. FT. EXTERIOR WALLS: REMOVED: 1,068 SQ. FT. ROOF STRUCTURE: REMOVED: 180 SQ.FT. FLOOR STRUCTURE: REMOVED: 168 SQ.FT. CEILING STRUCTURE: REMOVED: 0 REMAINING: 562 SQ.FT. REMAINING: 0 REMAINING: 936 SQ.FT. REMAINING: 625 SQ.FT. REMAINING: 625 SQ.FT. TOTAL REMOVED: . 1,604 SQ.FT. OF STRUCTURE TOTAL REMAINING: 2,748 SQ.FT. OF STRUCTURE THIS ASSESSMENT DOES NOT INCLUDE SURFACE MATERIALS, WHICH MAY BE, AND USUALLY ARE REPLACED WITHOUT NEED FOR A BUILDING PERMIT. THESE REPLACEMENTS ARE USUALLY DUE TO WEAR AND TEAR, OR AESTHETIC JUDGMENT. ~ Page 1 of 2 Toth, Vicki RECEIVED From: Patricia C. Moore [pcmoorel@optonline.net] ~r~8~;3 ~ ~ sent: Friday, March 23, 2012 3:18 PM BOARD OF APPEALS To: Toth, Vicki Subject: Fwd: FW: Use Variance Terms Hi Vicki- I received this communication. Please forward this letter to the Zoning Board. Do you know when the use variance will be scheduled? Thank you. Pat ........ Original Message ........ Subject:FW: Use Variance Terms Date:Ffi, 23 Mar 2012 12:17:58 -0400 From:Leigh Cortez <lcortez~cohenandwarren.com> To:'Patricia C. Moore' <pcmoore 1 ~optonline.net> CC:'Michael Cohen' <mcohen~,cohenandwarren.com> Pat, For your information, below is a better that was sent by the board to your client. Regards, Leigh Leigh H. Cortez Cohen & Warren, P.C. 80 Maple Avenue P.O. Box 768 Smithtown, New York 11787-0768 (P) 631-265-0010 (F) 631-265-0853 Icortez(~,,cohenandwarren.com From: boardemail@breezyshores.com rmailto:boardemail@breezyshores.com] On Behalf Of Breezy Board Sent: Friday, March 23, 2012 12:11 PM To: otano@mac.com Cc: Board; mcohen@cohenandwarren.com; Icortez@cohenandwarren.com Subject: Use Variance Terms March 23, 2012 VIA ELECTRONIC MAIL otano(~,mac.com and REGULAR MAIL Mr. Heman Otafio 516 East 1 lth Street, ApaFanent #5A New York, New York 10009 3/23/2012 Page 2 of 2 Re: Breezy Shores Community, Inc. ("Breezy Shores") with Otto Dear Mr. Ota/lo: You originally submit[ed an application to the Zoning Board of Appeals for the issuance of a Building Permit on the ground that the restoration to be performed on Cot[age 5 was "in-kind, in-place" construction of less than fifty percent (50%) of the structure. You also made a request that all of the cottages at Breezy Shores be deemed to be permitted uses rather than non-conforming uses. After conducting the first day of the heating and following several telephone conferences with the Assistant Town At[omey, our attorneys have advised us that you have revised your application and you are now asking the Zoning Board of Appeals for a use variance with respect to Cottage 5. The Board of Directors has provided the Zoning Board of Appeals and your attorney with its consent for you to make such an application notwithstanding that Breezy Shores is the fee owner of the property upon which Coitage 5 sits. Please be advised that any and all expenses associated with or arising from your application for such a use variance will be your sole responsibility. In addition, in the event the ZBA requires any changes or upgrades to Breezy Shores' property as a condition to its granting of such a use variance, no such changes or upgrades shall be made without our express written consent which may be granted or withheld in our discretion. If such consent is granted, you will be solely responsible for the cost of any such upgrades or changes. In addition, the Board of Directors will hold you responsible for all legal fees incurred by the corporation which have resulted from and which will result from our involvement with your application. Respectfully, Breezy Board No virus found in this incoming message, Checked by AVG - www.avq.com Version: 8.5.455 / Virus Database: 271.1.1/4285 - Release Date: 03/22/12 19:55:00 MAR ~ ~ 20!2 BOARD OF APPEALS 3/23/2012 Otano Cottage 5 @ Breezy Shores Expense Sheet · Riverhead Building supply invoice totals- . Sean Burns (General contractor)- . Dawn House Movers (Lift) - · Eddie Chorzepa Construction (mason foundation) $25,416.50 $27,225.00 $8,0O00.0O $7,875.0O · Fairweather / Brown Associates (Architect and Expeditor) $6,137.50 · John Condon Engineer (original foundation plans) $5,000.00 · Maggio Sanitation (dumpster) $1,151.43 Total Labor, Materials and administration $80805.43 917-796-3997 09/15/11 09/30/11 10/31/11 UPON INVOICE 1.00 09,16,. ~0772176 I R2v~L'2~T~:~R~.Y~5"2. 480.00C 480:00 . NY - STATE TAX @0.08625 41.40 000 09/16/11 10772176 5 SAGE BLVD,SOUTHOLD 000£ 0.00 WE A( ;CEPT CREDIT CARDS. [CURRENT: 521.40 ][ 30 DAYS: Q00 ][60 DAYS: 0.00 ][ 90 DAYS: 0.00 ] fVla§gio Sanitatio~ Service iP.c, PLEASE PAY THIS AMOUNT ~'{ 521,40) THIS AMOUNT Condon Engineering, PC, New York State Licensed Professional Engineers 1755 Sigsbee Road Mattituck, New York 11952 condonengJneering.com 631-298-1986 Fax 631-298-2651 June 18, 2010 INVOICE Mr. Hernan Otano 516 East tlth Street Apartment 5A New York, New York 10009 Date En~ineerin~ Service December 2009 through June 18, 2010 Structural Engineering Services - New foundation Design- #5 Sage Boulevard Gresnpo~t, New York Preparation of applications and drawings for the work with the DEC and any hearings/meetings with the Town Trustees. 30 hours ~ $175.00 per hour. Other Expenses- Receipts Attached- DEC Application Fee Coping Services- Site Plans for DEC and Trustees Aerial Photograph for DEC Total Kindly remit to: John Condon, P.E. 1755 Sigsbee Road Mattituck, New York 11952 Char~es $3,500.00 $5,250.00 $50.00 $41.28 $360.~ $9,201.28 Thank you for your payment SCTM # ~ LAND IMP. TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET G ~q~ VlLLAG[ ACR. %%, t; TYPE OF BLD, DATE REMARKS SUB. LOT HOUSE/LOT TOTAL LAND TOTAL DATE DEPTH BULKHEAD ' OWNE.~,_~ STREET -~ ~ ~ ~r ~ VtL~GE DIST. SU~. LOT R~. S~S. VL. FARM CO~. CB. MI~. ~t. Va~ue ~ND IMP. TOTAL DATE R~RKS ,./ [ r I ~' d ' ' ,N ~73889 53.-5'12.6 O~ER: gHO~E~ INO // ~BER~ DA~ ~PE CO ~ / .C'.~L~ 236&0 ~/~5/96 PERMIT REPAIR COTTAGE 23~41 5/15/96 PE~X~ aE~AZR cOTTAgE : . , .: 23~42 5/1~/96 PE~XT aEPAIa CO,AGE ~25 ~llable % ~ ' ' ." .;:L: .~ ...; -': 23&&3 5/15/96 PERMIT R~PAI~ CTG ~22 . ~ :.- "~::~%'~ "'- 23444 5/1~/96 9m~lT aE~A~a COTTAG~ ~ Mead~d~:. "". ~:::~:~',~,-v' ,:.r.. : :. . 23623 P~IT REPAIR ~XI~TIN~ S~A~ON~ COT~; ~~~~~' :' -la~B ......... ~'O~VN 0,~ ...... SOUTHOLD PROPERTY RECORD CARD £ORMER OWNER <" LAND s s. ¢i? IMP. TOTAL iTREE-I' FARN~ DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Value Per Value Acre Woodlond Total .Meadowiond House Plot VILLAGE COMM. CB. M1CS, LOT Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD · DOCK Perch a ~ ~t, Wells Interior Finish LR. Breez~oY Gorege / Type Roof Rooms [st F~eor BR. Patio Recreation Room D; B. ~er D~veway ~*' OWNER FORMER OWNER RES. LAND SEAS, IMP, vL. L TOTAL DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM' Acre Tillable 1 Tillable 2 'Filh:ble 3 Woodland Swampland Brushland House T°tol Value Per Value Acre TYPE OF BUILDING COMM. CB. MISC.,. Mkt/'Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD : COLOR ....... TRIM C ' '~ Type Roof Rooms 1st FlOr BR. Garage . . COLOR TRIM Extension Extension Extortion _~ ~ (~ -. Porch Porch Breezeway Garage Patio Total Foundation Fire Place ,e Roof Both Floors Interior Finish He~t Rooms ]st Floor Recreation Room Rooms 2nc[ Floor Driveway Extension Extension Extensbn Porch Porch Breezeway G~roge Potio O.I B. Total COLOR ~-~ / ~ q Foundation asement Ext. Walls Fire Place ~pe Roof Recreation Room Dormer ~Pd C 8otb / Dinette Interlor Finish [ ~. ~ . 7~ .e z tLR. ~a~ '/~S ~ ~. Rooms 1st Floor Rooms 2nd Floor ~FIN~ B Driveway OWNER FORMER OWNER N E ACR. W · ; ~. SUB; · LOT. OF BUILDING RES. SFAS. COMM. CB. MICS. Mkt. Value. LAND J IMP. REMARKS NEW NORMAL Acre AGE VL. FARM TOTAL DATE BUILDING CONDITION BELOW ABOVE Value Per Value Acre FARM Tillable Wccdland Meadawk~nd FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~Heuse Plat:. *~- '~Toto! · ~-:' ' ' -~' COLO~.. TRI~ ~,.-~'~,/ Po~h ~ ,/ ~.~ ~ ~ ~ ~ ~ ~ ~ ~ ~ement ,~ ~ . Floors ~z .y~ K. Po~h ~ Z ,r ,~ ,r ,.~ -~ ~ ~'~' Walls ~'e'~P, ~.'0/,¥'6 [nterlor Finish ~ ~ LR. . Garage ~ ] " ,, " ~ ~ .~ ~pe ~of r~Z.Z--~ Rooms ]st Flor Patio Rec~ofion Room Rooms 2nd Fmoor ] FIN. O.B. Dormer Total i t0 o~0 V COLOR Mo Extensiond Extension~ Extension Porch Porch Breezeway,'; Garage ~, Patio OtB. Total " "/7 ,, ., · /'7 Walls Fire Place Roof Room Floors :~/.Z~.,..~,, ¢, Interior Finish Rooms 1st Floor Rooms 2nd Floor Driveway · co,os TRIM Porch Porch Breezeway. ~ C-.ar~ge Patio O~ B, Walls ~'e Place Bath / .~,~ s ~ J Floors Interior Finish Heo~' ~X/pe Roof Rooms Ist Floor ~reation Room Dormer Rooms 2nd Fioor Driveway .COL6R TRIM Patio 0t B. : ~'' ~'~" Total . . . * ¸3 o Walls Room Both Heat Rooms 1st Floor Rooms 2nd Floor Driveway OWNER STREET VILLAGE DIST. SUB, LOT S i W TYPE OF BUILDING RES. SEAS. VL ~ j ~ FARM COMM. CB. MIC$, Mkt, Value LAND IMP. TOTAL DATE R~RKS ~o o ~ ~ .~/~ ~ ~ _,.. ,, . . ~llable FRONTAGE ON WATERI 1 W~land FRONTAGE ON r : ~."~; ' · ,: I -'~ :'~ ....... -~ ~,~. BARRY L. WARREN COHEN & WARREN, ATTORNEYS AT LAW 80 MAPLE AVENUE P.O. BOX 768 SMITHTOWN. N.Y. 11787-0768 631-265-OO I 0 FACS I M I gE 63 1-265-0853 February 29, 2012 CARYN L. MEYER cme~r~coher~ndworren,com EVAN M. GITTER eglffer@cohenandwarren.corn LEIGH H. CORTEZ Icortez@cohenandwarren.corn DAPHNE B. COHEN dcohen@cohenondwon-en.corn VIA FEDERAL EXPRESS Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971-09594 Re: Otano - Application No. 6525 5 Sage Blvd., Greenport, New York ("Cottage 5") RECEIVED BOARD OF APPEALS Dear Members of the Board: As you are aware, we are the attorneys for the Board of Directors of Breezy Shores Community, Inc. (the "Board"), the cooperative corporation which is the fee owner of Cottage 5 and the property on which it is situated. Mr. Otano is a shareholder of the cooperative corporation and the tenant of Cottage 5 pursuant to the terms ora Proprietary Lease. It is our understanding that the referenced application is scheduled for a hearing on March 1,2012, at which hearing, the ZBA may consider Mr. Otano's request for a use variance for Cottage 5. While it is the Board's position that under the Town Code, Breezy Shores is a permitted use and that any application regarding the use of Cottage 5 and the Breezy Shores community as a whole is one that belongs to the Board as the fee owner of Cottage 5 and the community, given the current condition of Mr. Otano's cottage and the exigent circumstances caused thereby, the Board consents to any application by Mr. Otano tbr, and the ZBA's consideration of, a use variance with respect to Cottage 5. This consent is in no way a concession on the part of the Board that Breezy Shores or Cottage 5 is a non-confbrming use and the Board reserves any and all rights to make any future application to the ZBA for consideration of the entire Breezy Shores property as a permitted use and/or to make application for a use variance for the entire Breezy Shores property. We ask that the ZBA acknowledge the Board's consent to Mr. Otano's application, as well as its reservation of rights, by signing the enclosed copy of this letter where indicated and returning it to me in the self addressed stamped envelope. The original may be kept as part of the Town's records. C()HEN & WARREN, P. ATTORNEY~ AT LAW Town of Southold Zoning Board of Appeals February 29, 2012 -Page 2- Given the Board's position regarding this matter, the Board will not be in attendance at the hearing scheduled for March 1,2012. If the ZBA requires any additional information from the Board to process Mr. Otano's application, please contact the undersigned. Thank you for your attention and courtesies in this matter. ACKNOWLEDGED, ACCEPTED AND AGREED TO: TOWN OF SOUTHOLD ZONING BOARD OF APPEALS By: Name: Title: CC~ Patricia C. Moore, Esq. (via electronic mail) Jennifer Andaloro, Esq. (via electronic mail) Breezy Shores Community, Inc. RECEIVED DEC ! 2011 BOARD OF APPEALS Heman Otano 516 E. 11th Street, #5A New York NY 10009 October 18,2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I hereby authorize you to represent me in Southold Town Justice Court and to make any and all applications/inquiries to the Town of Southold Board of Trustees, Zoning Board of Appeals and any other necessary agencies on my behalf regarding property located at Sage Boulevard, Breezy Shores #5, Greenport, New York (sctm: 1000-53-5-12.6) Very truly yours, Heman Otano 13:02 MICH&EL F, COHEN COHEN & WARREN. A'rroRNEYS AT LAW 80 MAI~-[ AVENUE P.O. BOX '/68 $MITHTOWN, N.Y. t 1787-0768 631-2654~)t 0 November 30, 2011 VIA FACSIMILE (631) 765-9064 'I'o,~,m of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 1197t-09594 Attention: Vicki Toth #6776 P.O02 /002 CAR'tN I., MEYER EVAN M. GIT~'ER LEI~[H H, CORTEZ DAPHNE B, CONEN RECEIVED ~.~5 NOV 8 o 011 BOARD OF APPEALS O~ano - Application No. 6525 5 Sane Blvd.~ Greenport, Ncw York {'the "Premises") Dear Ms. Toth: We are the attorneys for the Board of cooperative community known as Breezy Shores, within wh/ch the Prerr~ses is situated. As per our earlier telephone conversation of today's date, we understand that a hearing on the referenced application is scheduled for December l, 2011 all:30 and that Mr. Otano hex requested an adjournment of the hearing. On behalf of the Board of Directors o1' Breezy Shores Community, lnc., we support Mr. Cf.'toe's request for an adjournment and respectfully request that the Board grant such adjournment and notif~ our office of any 'adjourned date as we would like aa opportunity ~o be present and offer testimony at the hearing. Thank you for your attention and courtesies in this mat~cr. Ve~ truly yours, COHEN & WARRF.N P.C. By: ,1, ' tr. ' ,w Breezy Shore~iCommunity, he. (via electronic malJ.) Pat Moore, Esq. (via electronic mail) RECE]I November 29, 2011 NOV ~ 9 BOARD OF APPEALS To the Southold Zoning Board of Appeals, I Hernan Otano owner of Cottage 5 of Sage Blvd in the community of Breezy Shores LLC am requesting an adjournment of our ZBA meeting scheduled for Thursday December 1 to the next available date determined by the ZBA office. This request is for the consideration of my Breezy Shores Co-op Board and community. Despite my community unanimously approving of my project, There are many issues being brought up that may not only effect my cottage but my whole community. In fairness, this request is needed so that all of the bigger issues are considered by my attorney the attorney representing Breezy Shores LLC. Our community is terrified of the possibilities of change that the strict enforcement of the Codes might have on Breezy Shores because of my naivety during the restoration of my cottage. I certainly never thought a tiny cottage restoration would become such a big issue. I approached this project with complete transparency to my community and intended to do everything by the book. I made honest mistakes and I hope the ZBA understands this. I expect that this experience will help my community create a set of detailed guidelines when proposing a cottage restoration. Hopefully this request isn't a tremendous inconvenience but will in the end help all the parties involve resolve this once and for all. Thank you for your consideration, Hernan Otano 917 796 3997 lea by Mail (NOT FOR VTL VIOLATIONS) F! COPY FINES JO00. o~ TO PLEAD GUILTY: COMPLETE THIS FORM AND MAIL OR DELIVER TO: Town of Southold Office of the Town Attorney P.O. Box 1179 Southold, NY 11971-0959 Att: Lod M. Hulse, Assistant Town Attorney Check payable TO THE PRESIDING JUSTICE AT THE SOUTHOLD TOWN JUSTICE COURT: 1, ~.J"r~.~ t,~. 0 qUdtlq 0 , residing at (..britt~ 5: S~,,~ I~(v~.. 5o~.4'h(~(~(, kJ~J ,havebeen charged with a viol--a{ion-of ' ~ ,.3 '7 5" ,5'' , under the Code of the Town of Southold, I hereby elect to dispose of this matter without appearing in open court. I hereby waive arraignment in open court and the aid of counsel and understand that a plea of guilty is the equivalent to a conviction after trial. I hereby plead guilty to the offense as charged and elect and request that this charge be disposed of and a fine/penalty be fixed as agreed to below. I understand that the agreed upon penalty is contingent upon the Court's approval, and that my appearance may be required on a future date if the negotiated disposition is not accepted by the Court. Ticket/Summons #: A c'q'~2 6 ~' In Satisfaction of: Fine/Disposition Recommended: { l O0 O, -~-2268 Town of Soothold Suffolk County, NY The People of the State of New York vs. RECE[VED NOV ~ ~ zo, BOARD OF APPEALS COTCOPY ~'-~ECEtVED Hernan Otano Unit 5, Sage Blvd., Southold SCTM# 53-5-::L2.6 10/12/20~1 # 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 I week(s), successfully commencing on the 24TM day of May, 2012. Principal Clerk 11:10 A. M. - JAMES WILLs.E ~1(~-) / Sworn to before ~9 - Requesi ~or Varmce fro,,, Ar- --' ~ LEGAL NOTICE SOUTHOLD TOWN ZONIHG BOARD OF APPEALS THURSDAY JUNE 7, 2012 PUBLIC HEARINGS NOTICE 1S HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 28b (Zoning). lbwn of Southold. the following public hca~ ines will be held bv the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, 1~O. Box 1179, Southold, New York 11971-0959, on THURSDAY JUNE 7. 2012~ Carryover Hearings, continued from prior meetings and pending addi0onal information: Adjourned from Public Hearing Mardl 1, 2012 1~00 A.M.- HERNAN MICHAFI ticle Ill 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, [ocated at: 1665 Mill Creek Drive (adj. to Arshamomaque Pond) Southold NY. !1:30 A. M.- EDWARD J. CONNER g6566 - Request for Variance from A~-t~- cie XXIII Section 280-124 and the Build- ing Inspector's March 2{), 2012 Notice of Disapproval based on an application for building permit to construct a deck ad- dition to existing single family dwelling: I) less than the code required minimum rear yard setback of 35 feet; located at: 1200 Gillette Drive Fast Marion, NY, SCTM#1000-38-2-13 11:~0 A.M. - LISA and ANTHONY _SANNINO #6965 - Applicant request a Special Exception under Section 280- 13B(14). The Applicant is thc owner requesting authorization to expand an Accessory Bed and Breakfast, acces- sory and incidental to the residenlial occupancy in this single-family dwe0- rog. with four (4) addi0ona[ bedrooms for lodging and serving of breakfast to Ihc B&B casual, transient roomers for a total of five (5) bedrooms. Location of Property: 7490 AIvahs Lane Cutchogue, Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing May 3, 2012 1.'00 P.M. - RICHARD MEYE_R.- HOLZ 1'30 P.M. - ANTHONY and DAN- LELE CACIOPPO #6571 - Request for Variance from Article 111 Code Section 280-15 and the Building Inspector's April 23, 2012 Notice of Disapproval based on an application for building per- mil for an accessory shed; 1) front yard setback at less than the code required 40 foot setback, 2) location other than the code permitted front yard or rear yard on waterfront property, located at: 1455 Inlet Way (comer Cedar Point Drive East) (adj. to Fairhaven Inlet) Southold~ NY. SCTM#1000-92q -4 . . day of/ ]'/I //~ ,/ ! 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01VO6105050 Quollfted In Suffolk County 2-00 P.M. - KIMOGENOR POINT, te~ bbtuOt¥ 25, 2016 INC. IBINGHAM) - 06550 - (Adj. from April 5, 2012) Request for Variances from Article XXIB 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 usc shall not be enlarged, reconstructed, slruc rurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feel, located at: 50 Jackson Street New Suffolk, NY. SCTMgl(Yd()- The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing, Each hearing will not start earlier than designated above. Files are awlilablc l~r review during regular business hours and prior to the day of the hearing. 11 you have questions, please conlact our office at, (631) 765-1809, or by cmail: Vicki. Tot h~}Town. Sout boid.n v. us. Dated: May 7, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth ~3095 Main Road (Mailing/USPS) P.O. Box 11'/9 Southold, NY 11971-0959 #10558 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 16th . day of February, 2012. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MARCH 1, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town 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- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southuid, New York 11971-0959, on THURSDAY MARCH 1. 2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Jan- uary 5, 2012 ~[~0O A.M. - HERNAN OTANO #6525 10'.45 A.M. - ROBERT V. LONGO ~6539 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's December 29, 2011 Notice of Disapproval based on an ap- plication for building p6r~hit for "as built" demolition and re-~onstruction of a new 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; 3) more than the code required maximum lot coverage of 20%, located at: 220 Sound Avenue (adj. to Long Island Sound), pecouic, NY, SCrM#1000-67-1-8 Cma'yo~er Hearings, continued from prior meetings and pending additional information: Ailjourned from Public Hearing Jan- uary 5, 2012 11~00 A.M. - LOUIS and ELIZA- BETH MASTRO ~6530 H:30 A.M. - DAVID STEELE #6547 - Request for Variance from Article III Section 280-15 and the Building In- spector's February 1, 2012 Notice of Disapproval based on an application for building permit for accessory solar panels at: 1 ) location other than the code required rear yard, located at: 12500 CR 48 (corner Elij ah's Lane) Mattituck, NY. SCTM#1000-108-2-7.1, 11~50 A.M. - DOUGALL FRASER #654~ - Request for Variance from Ar- ticles XXIII Code Section 280-124, based on an application for building pcrimt and the Building Inspector's November 10, 2011, updated February 2, 2012 Notice of Disapproval concern- ing proposed deck addition to existing single family dwelling, at; I) less than the code required minimum front yard setback of 40 feet, located at: 7555 Nas- sau Point Road (corner Tuthill Rd.) (adj. to Little Pcconic Bay) Cutehogue, NY~ SCTM#1000-118-4-7. Canyover Heatings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Feb- ruary ~, 2012, 1.'00 PM - 9105 Skunk Lane. LLC #(h~ ' (New Notice of I~isapproval) Reqae~t for Variances from Article III Code Section 280-13(C)4(b), Section 280-I5CF) and Article XXII 280-I05A, and the Building Inspector's December 20, 2011, amended January 19, 2012 No- tice of Disapproval based on an applica- tion for building permit to build a tennis court with fence surround on a vacant lot, at: 1) use of a tennis court is not per- mitted on a vacant lot (without a prin- cipal dwelling), 2) accessory structures at less than the code required principal setback of 50 feet, 3) tennis court fence at more than the code required maxi- mum height of 4 feet in a front yard, cared at: 9105 Skunk Lane (adj. to Little Creek, dredged canal) Cutchogue, NY. SCTM#1000-104-3-18.1 1:40 P.M. - PATRICIA MELE and (~HERYL CHRIS'llANO #6542 - Re- quest for Variances from Article XXIII Section 280-124 and Article XXII Sec- tion 280-116 and the Building Inspector's January 6, 2012 Notice of Disapproval based on an application for building per- mit for demolition and reconstruction, including first floor additions and new second story at:: 1) less than the code required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required minimum bulkhead setback of 75 feet, located at: 1200 (aka H40) Deep Hole Drive (adj. to Deep Hole Creek) Mattituck, NY, SCTM#1000-115-12-16 2.'00 P.M. - WILLIAM C. GOGGINS #6S40 - Request for Variance from Ar- ticle X Section 280-45 and the Building Inspector's December 22, 2011, amend- ed January 9, 2012 Notice of Disapprov- al based on an application for building permit to convert a dwelling to multiple dwelling units (3) at: 1) one unit at less than the code required minimum of 850 square feet, located at: 13200 Main Road 2:20 P.M. - ROMA BARAN 06544 - Request for Variance from Article XXIII Section 280-124 and the Build- ing Inspector's January 17, 2012 Notice of Disapproval based on an applica- tion for building permit to construct a deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet; located at: 395 Tuthill Road Southold, NY. SCTM#1000-55-4-3 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing, Each hearing will not start earlier than designated above. Piles 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 emaih Vigki.Tot hC~Town.sout hold .nv.us. Dated: February 10, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 54375 Main Road (Office Location) 53095 Msin Road (MailinglUSPS) P,O. Box 11~9 Southolil, NY 11971-0959 10,558-IT 2/16 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 S~utholdl 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SANUARY 5, 2012 PUBLIC ItEARINGS NOTICE IS I~ER~BY GIVEN, pur- suant to Sectinn267 of theTown Law and Town Code Ch~apt er 280 (Zonmg),Town of Southold, the following public bear- ings will be held.l:~ the ~OETHOLD TOWN zoNING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road P,O. Box 1179. Southold. New York 11971-095~. on ~ Carryover Hearmgs, conunuec [rom prior meetings and pending additional Adjourned from Public Hearing De- comber 1, 2011 70:00 A.M. - JOSEPH and ELIZA- BETH BRITIWIAN #6S22 10.30 A.M. - DAVID MOORE #6515 _11)~45 A.M. - PATRICK and DIANE KELLY #6519 ~1:00 A.M. - BRUCE and ELIZA- BETH and DONNA COLLURA #6527 - Request for Variance from Article XXllI Sectioff2~0-124 and lnspecgor's N~v~mber 4. 20~ Disapproval ba~..g~n an ~ppllca~i~n 'for buiId~g.pe~ ~r a ~ck~ti.6b a single famtl~ dwelling at; 1) les~ than the code reql~red rear yard s~tback of 35 feet, located at: 170 Manor Road, (corner Gillette Drive and East Gillette Drive) East Marion, NY. SCTM#1000- 38-3-1 11:20 A.M. - DOROTHY and STE- FAN KOTYLAK ~6~9 - R~quest for Variance from Article Ill, Code Section 280-15, and the Building Inspector's No- vember 16, 2011 Notice of Disapproval, based on a building permit application to construct aa addition to an accessory garage, at: 1) mdre than the code re- 22nd day of December, 2011. Sworn to before me this quired maximum square footage of 660 sq. ft. on lots up to 20,000 sq. ft., located at: 280 Pine Wood Road, Cutchogue, NY, 11:40 A.M. - THRESHOLD BLUE. LLC (Snarklin~ Pointel 06526 - Re- quest for Variances from Article XV Code Section 280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for building permit to construct new commercial warehouse at; 1) less than the code required minimum side yard setback of 20 feet, 2) less than the code required minimum combined - side yard setback of 40 feet located at: 1270 County Road 48 (aka North Roadl. Southold. NY SCTM#1000-69-3-3 Carryover Hearings, continued from prior meetings and pending additional information: A~journed from Public Hearing De- cember 1, 2011 OTANO #6~25 1:30 P.M. - LOUIS andEL1ZABETH MASTRO # 6~0 - Request ~or Varianc- es fwm Articles XXII and XXIII Code Sections 280-1}6~'~ and 280-124. based on an application for building perrm[ and the Building Inspector's November 23. 2011 Notice of Disapproval concern- mg proposed demolition aha construc- tion of a new single famil3 dwelling, at; 1 less than the code reqmred bulkhead setback of 75 feet, 2 less than the code required minimum side yard setback of 10 feet.3/less than the code required to- tal combined side yards of 25 feet. 4/less than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. ~z?~O0 P.M. - MELANIE M.. MARI- ~R~ue~t for Variance unde~ Ar- ven~ber ~2, 2011 Notice of Disapproval based on an application for building per- mit for a sdbdivisinn, at: Proposed Lot 1; 1) less than thc code required minimum lot size of 40,000 sq. ft., 2) le~s than the code reqbired lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet;located at: 200 and 150 Three Principal Clerk NOIA~,' F,t i~C $',,~\TE OF NEW YORK ~'4.~, O [ :,,~Ob ! 05050 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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, DECEMBER 1, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 1, 2011: 1:30 P.M. - HERNAN MICHAEL OTANO #6525 - Request for Variances from Article XXlII Code Section 280-123, Article XXll Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011 Notice of Disapproval based on an application for building permit for demolition and construction of a new 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: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5- 12.6 The Board of Appeals will hear all persons, or their representatives, 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: Vic ki. Toth~.Town. Southold. ny. us. Dated: November 10, 2011 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: http://southtown.northfork.net November 10, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,December 1, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._~l owners of property (tax map with property numbers enclosed), v~cant 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 arranqements were made in either a written statement, or durinq thc, hearing, providing the returned letter to us as soon as possible; AND not later than November 23rd: 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 November 23srd: 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 November 29, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: OTANO, HERNAN # 6525 1000-53-5-12.6 VARIANCE: BULKHEAD SETBACK & NON- CONFORMING BLDG/USE REQUEST: DEMOLITION & CONSTRUCTION OF NEW DWELLING DATE: DECEM R 1, 2011 1:30 PM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 1__ week(s), successively, commencing on the said Newspaper once each week for 17th day of November, 2011. Sworn to before me this ~ Principal Clerk day of )~ 2011. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY DECEM~BER 1, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOU~-IOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY DE- CEMBER I. 2011: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing No- vember 3,2011 10:00 A.M. - DAVID MOORE 10'.20 A.M. - PATRICK and DIANE KELLY #6519 - Request for Varifinces from Article XXIII Section 280-124 and Article Ill Section 280-14 and the Build- ing Inspector's October 17, 2011 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing dwelling at: 1) less than the code-required minimum side yard s~tback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet; 3) more than the code required number of stories of two and a half, located at: 215 Harbor Lights Drive (adj. to a canal), Southold, NY. SCTM#1000.71-2-6 square footage of 750 sq. B, on lots 20,000-60,000 sq. fl.,located at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTMg1000-78-2-11.3 1~0 P.M. - RICHARD G. and NOR- for Variances from Art. XXII Section 280-116A(1) and Article XXBI Section 280-124 and the Building Inspector's November 1, 2011 Notice of Disapprov- al based on an appbcation for building permit for as built deck addition, at; 1) less than code required 100 foot setback from top of bluff, 2) less than the code required side yard setback of 10 feet, located at: 1155 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. l:00 P.M. - TK ALPHA. LLC. #6521 - Request for Variance from Article X Code Section 280-46 (Bulk Schedule) and the Building Inspector's October 31, 2011 Notice of Disapproval based on an application for buQding permit to con- struct new commercial building at; 1) less than the code required minimum side yard setback of 10 feet, located at: 535 Pike St., aka Railroad Ave., Mattituck, NY. SCTM#1000-140-2-20. la~ PM. ,, HERNAN MICHAEL ~&2qO g6-~3 - Request for Variances from Article XXIII Code Section 280- 123, A~'ticle XXII Section 280-116 and the BuUding Inspector's October 14, 2011, amended October 18, 2011 Notice of Di~pproval based on an application for buil~ding permit for demolition and cor~truction of a new dwelling at; 1) a nmaconforming building containing a nonconforming use shag not be enlarged, reconstructed, structurally altered or mbved~ unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, lo- cated at: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, 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.Tot hL~lrfown. South old.nv, us. Dated: November 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vieki Toth 84375 Main Road (Office Lo~tion) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 CHRIS'TINA VOLINSKI NOTARY pUBLiC-STATE OF NEW YORK No. Gl ;/:26~05050 Qualified ir~ 5~[o~k county TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter Of the Applicatiot~ of SCTM Parcel # 1000- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YORK I, ~ ~ residing at W/~' ~'~ ~h~/~ ~y of ~~0 ,I person~ly m~led at ~e United States Post Office in ~ , New York, by CERTIFIED MAIL, ~TU~ ~CEIPT ~QU~TED, ~e copy of~e a~ched Legal Notice in Prepaid envelopes addressed to cu~ent prope~y omers shorn on the c~ent ~sessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Prope~ Office for every prope~y which abu~ ~d is across a public or private s~eet, or vehicUl~ right-of-way of record, s~ounding ~appli~ ~p~. / (Signat~e) Sworn to before me this \ ~.e¢ ,2o~.~ BRITTANY A. C~'NOINO .~_~ Pub#c, State of New Y0¢¢ (Notar~ Public) No. 01Ofi0245154 Qualirm, d in Suffolk Counlv -- CommiSSmn Expires July 18, ~ [~ 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. Ill [:3 ,-O Postage nj u3 $~.~ .~ Here $ $5.59 18/2011 m m ,-1 p- nj Return Receipt Fee (Endorsement Required) Rest dCted DeliveP/Fee (Endorsement Requked) ~ Total Postage & Fees $ $5. X' O944 /53-5-9 53-5-10 V/// 53-5-11.2 53-5-12.8 Gregor~ & Anne Cahill 524 E 20th St NY, NY 10009 Varujan & Linda Arslanyan 1055 River Road PH 11 Edgewater, NJ 07020 Leszek & Krystyna Gesiak PO Box 1783 Southold, Ny 11971 Kedjierski Living Trust Faro Shr PO Box 438 Southold, NY 11971 1180 Sage Blvd 1280 Sage Blvd 1600 Sage BIvd 1700 Sage Blvd $5.59 Postage $ $5.59 x m 133 ru ~-i Return Receipt Fee ~ (Endorsement Required) i--1 Restricted Delivmy Fee (Endorsement Required) u3 m Certified Fee (Endomernent Required) To~al Postage & Fees h rtl nj u3 i-1 $0.~ $2.85 $2.30 ~0.00 $ s5.,~ Date: 11/17/11 Adjoining lots to: Name: Breezy Shores /~.~ SCTM# 1000-53-5-1.2.6 [///~//53-2-29.1 LI RR Attn. L///v~/52-5-59.10 Agr lot ~56-4-24 57-1-39.2 ~57-1-38.3 ~( 53-5-2 FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Kenneth Rydzewskl Jamaica Station Mail Code 3146 Jamaica NY 11435 Christian Biaz PO Box 726 Southold NY 1435 Albertson Lane Edwin Tuccio 64175 Rte 25 193 Griffing Ave Riverhead NY 11901 Robert Wieczorek & Rita Reis Tarpon Drive PO Box 1725 Southold, NY 11971 Breezy Shores Assn Owners of Property in question PO Box 1186 Westhampton Beach, NY 11978 Brick Cove Realty PO Box 455' Southold, NY 11971 Karol & Marzenna Filipkowsld PO Box 356' Cutchogue, NY 11935 George & Stavroula Protonentis 261 76th St Brooklyn NY .11209 1760 Sage Blvd 65370 Rte 25 215 Tarpon Dr mI (Endorsement Required) C3 U3 ,--3 .o~ge S0.44 ~rtified Fee $0.0052'8552 · 30 $ $5.59 Postage $0.~ $2.85 $2.30 $ $5,59 $2.05 05 ~ ~. -,~ P mark , C~d' $2.30 ~ ~ .~/ $ $5.5~ Cerflied Fee ~. · 85 (Endomement Required) Total Postage & Fees $ $5,59 ~// ~53-4-~14.39 // 53_4_44.4 // 53_4-44.35 ~ '~3-4-44.40 [~/// 53-4-44.5 ~ 53-4-44.6 53-4-44.7 53-4-44.8 ~53-4-44.10 53-4-44.3 Town of Southold 53095 Rte 25 Southold, NY 11971 lndira & Kurt F Klotzer Jr 1710 Kerwin Blvd Greenport, NY 11944 Fred & Dorothea Salzberg 2890 Kerwin Blvd Greenport, NY 11944 Jeffrey & Suzanne Sykes 3040 Kerwin Blvd Greenport, NY 11944 August Acres Homeowners Assoc PO Box 709 Greenport NY Diann Lastihenos 10 Norman Ct Dix Hills, NY 11746 Karen & John Grayson Jr 334 Mineola Blvd Mineola NY 11501 Leonard & Jean Glazer 2180 KerWin Blvd Greenport, NY 11944 David & Pamela Keiper 2390 Kerwin Blvd Greenport, NY 11944 Andrew & Susan Aurichio PO Box 2104, Greenport NY 11944 Dennis W Pembroke 2710 Kervtin Blvd Greenport, NY 11944 Possilico Construction Co 346 Maple Ave Westbury, NY 11590 Page - 3 1370 Kerwin Blvd 10 Pheasant La 1860 Kerwin Blvd 2560 Kerwin Blvd 1540 Kerwin Blvd m s ~.~ $2.85 ~ $2.~0 c ~.O0 m m $ $5.~9 ~ or PO Box NO. FU ~ RetUrn Receipt Fee O (Endorsement Required) $0.44 $5.~ ~-I or PO Box NO. . ....................... r- ~6/;~i~;~£~- ..................................... $0.44 ~..85 05 ~ $ $5.59 or PO ~ox No. Ci~, State, ZIP+4 53-5-4 53-5-8 57-2-42.5 57-2-42.6 ~///~53-2-28 ~// ~/53-4-44.1 Semour & Adelaide Brittman PO Box 1247 Southold, NY 11971 Albert & Dorothy Wieck 465 Tarpon Dr Southold NY 11971 Robert & Linda Bracken 25 Litchfield Rd Port Washington, NY 11050 Matthew & Elizabeth Broderick 21 William Penn Dr Stony Brook, NY 11790 Robert Wieczoreck & Rita Reis noticed above Hildreth H Ltd Partnership 51 Main St Southampton, NY 11968 Joan Schneider 836 N Broadway Apt 1E Yonkers, NY 10701 Edwin Latson PO Box 655 Greenport, NY 11944 Louis Vullo 57-27 162nd St Fresh Meadows, NY 11365 Corrazzini Brothers PO Box i281 Cutchogue, NY 11935 James Posillico 346 Mapl6 Ave Westbury NY 11590 325 Tarpon Dr 575 Tarpon Dr 695 Tarpon Dr 835 Tarpon Island View Lane 1605 Island View La 1150 island View La 1980 August La 67240 Rte 25 500 Kerwin Blvd Page- 2 Postage C~tifled Fee $~. $ $5.59 $ $5.~ ~:3 or PO Box NO, 11/18/L~'11 $ $5.5~ Postage Certified Fee Total Postage & Fee $5.5{) 11/18/2011 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~'$ COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ,~/Jr '~ (~-'- , New York, being duly sworn, depose and say that: Onthe z:,~tandayof ~ ,201~ , I personally placed the Town's Official Po~ter, with the date of hearing and natUre of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) day&prior to t~h,~.._~ date of the subject hearing date, which hearing date was shown to be~,~ [ ~ (Signature) Sworn to before me this [ Dayof DOC/2~B~¢2011 (NotaYy Publ~c) BRITTANY A. GENOINO Notary Public, S~ate of New York No. 01GE6245154 Qualified in Suffolk County Commission Expires July 18, 20 1~ * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete Rems 1,2, and 3. Also complete A. Signature , Rem 4 if Restricted Delivery is desired · Print your name and address on the reveme._ so mat ~{~an return the card to you. B · Attsoh tt1~card tothe backof the ma pece, .. Recelvedby(Pdnt~dName) C. Dateof •silvery or on the front if space perm ts ~'~ . ~ / /] · If YES, enter delivery address below: [] NO '~_ ~. ,,~ . J~Certifl~ Mail i-I Express Mail ~ ~'~ r"l Registered I'1 Return Receipt for Memhandise ? (/ ('"?~ 7,~/ [],n,u~ M,* [] 0.0.0. 2. Article Number PS Form 3811, February 2004 Domestic Return Recel--" · Complete items 1, 2, and 3. Also complete A. Signetme .- - item 4 if Restricted Delivery is desired. X - ' - ~ ~ Agent · pfint your name and address on the reverse ,~.. ~ ,/~'._ ~,.,~_ Ip~--~--, OAddmsseeo so that we can return the card to you. B. R~ by ~k;~/~Fe)lc. Oa~O~'~ve~ ~ ~ o~ ~ ~ [ ~ ~ Attach this card to the back of the mailpiece, or on the front if space pemlits. ~'t ~ ~" ~ .~ ~''"~.~ i'x 3. ~ee Type I~'Ce~fled Mail [] Express Mall [] Registered [] Retum Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2./vtiaisNumt 7011 1150 0002 4601 3266 (Transfer fro??~._ ~, PS Form 3811, February 2004 Dome~Uc Retum Receipt 102595-02-M-IS40 ~ · Complete Rems 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print reverse so that we can · ~k of the mailpiece, or on the front if s ' 1. Article Addressed to:~ A. Signature B. Received by ( Pflntsd Name) D, Is daiivery eddress different from If YES, enter delivery address below: [] No [~'Cert~ed Mail iD Express Mail [] Registered ~ I~etum Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted D~liveq,? (Extra Fee) [] Yes 70~11 1150 0002 4601 3341 [ PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restrictad Delivery is deelmd. · Print your name ~t~ address on the reveme so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space parmits. 1. Article Addressed to: A. Signature r-lA gent B. Received by ( Pdnted Name) D. Is delive~ r'3 Yes If YES. enter deliver' ed~r~ bet~w: rqNo ~ Certified Mall D Expms~ Mail [] Registered [] Retum Receipt for Memhand~se [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Exfm Fee) [] Yes 2. Article Number ~-~ 7011 1150 0002 i PS Form 3811, February 2004 Domestic Return R~celpt 4601 3655 · Complete Items 1, 2, and 3. Also complete item 4 if Resthcted 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. ArUcleAddressedto: D. Is delive~ address different fn~n Item 17 If YES, enter dellve~ address below: [] No [] R~glstered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. · 4. Restricted Deliver/? ~Ddra F~e) [] Yes 2..Nllcle Number ~~0 7011 1150 0002 4601 3303 PS F~ 3811, Febma~ 2~4 ~c R~m R~i~ · Complete Items 1, 2, and 3. Also complete item 4 if Reeb~cted Delive~ is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the beck of the malrplece, or on the front if space permits. Article/~ldreesed to: 2. Article Number PS Form 3811, February 2004 y ( Pdnted Name) D. Is delive~ address different flom item 1 If YES, enter daiive~j address below: [] No 0 Exp~ss M~I [] Registered [] Return Receipt for Merchandise ~ [] Insured Mall [] C.O.D. 4. Restricted Datives/? ~ Fee) [] Yes 7011 1150 DDD2 4601 3259 X Domestic RetumReceipt O · Complete Items 1, 2, and 3. Also complete ~tem 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplane, or on the front if space permits, 1. ArtlcleAddressedto: A. Signature B. Received b If YES. enter delivery address below: N3 Caf'rifled Mail [] Registered [] Insured Mall Yes [] No 4 [] Express Mall [] Rntum Receipt for Memhandlse · [] C,O.D. 4. Restricted Deflvery? (Extra Fee) []Yes 2. Afflcle Number ('/tam'~ from ~en,/ce/abeO ~ PS Form 3811, February 2004 7011 1150 0002 4601 3563 [] Agent 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, -- -- D. Isdellve~ Item1? []Yes ~. Article Addressed to: If YES, enter delivery address below: [] No [] Cert~led M [] Express Mail [] Registered f-~ Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. ArtlcleNumber 7011 1150 0002 ~4601 3235 (Tn~.efe? ~ se,wice/abe/) PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 If Resb'teted Deliver/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. Afdcle Number- 7011 1150 A, Signature B. Received by (l:Wnted Name) D. Is dellv~y address different from item 17 If YES, enter delivery address be~w: U~'Certifled Mall r-I F. xpre=~ Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D, · 4. Reetflcted Deliver,/? (Exba Fee) [] Yes 0002 460t 3679 PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restdctad Delivery Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach th~s card to the back of the mailpiece, or on the front If space permits. 1. Article Addmssdd to: [] ~t [] Addressee 3. ice Type ~rUfled Mail [] Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 3242 2. Adk;le Number (rr~serfr~san~ce/~et) 7011 1150 0002 4601 PS Form 3811, February 2004 Domestic Return Receipt · Cu,,,~;~i~'ltams 1, 2, and 3. Also com~(e~e 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 mailpiace, or on the flcot If space permits. 2. ArUcle Number "RS Form 3811, February 2004 3..~ce 3ype M Certified Mail [] Expms~ Mall [] Registered [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) 7011 1150 0002 4601 3310 [] No [] Yes Domestic Return Receipt 102595-(~-M-1540 · 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 tatum the card to you. · Attach this card to the back of the mailpiece, or on the Wont ff space permits. 1. Article Addressed to: ~'Agent [] Addressee Dataof De v ~ 3. ce Type ~/~iCe~tlfled Mail ~1 Express Mail [] Registered [] Retum Receipt for Memhandise [] insured Mail [] C.O.D. 4. Restflcted Det[ve~t? (Extra Fee) []yes 2. A~cle Number ~m~ ~ s~,-vk:e lab~ 7011 1150 0002 4601 3600 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mverso 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 B. Received by ~ [] Agent ' D. Is dai[vay address diffe~ from item 3 Yes If YES, enter daiive~y address below: ified Mail [] Registered r-i Return Receipt for Memhandise ~ [] Express Mail [] Insured Mail [] C.O.D. 4. Restricted Delivmy? (Extra Fee) Yes (rrar~e~c~) 70tl 1150 0002 4601 3556 PS F~ 3,811, February 2004 Domestic Return Recaim .~... . . · Complete items 1, 2, and 3. Also complete item 4 if Resblcted 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. A. Signature C. Date of Daiive~ ~ ~ If YES, enter deliver [] Yes 3. Service Type [] Certified Mail [] [] Registered [] Returr [] Insured Mail [] C.O,D. 4emhandlse 4. Reet~cted Detive~y? (Extra Fee) [] Yes 2. Article Number ~'n~,~-~o~,,~ 7011 1150 0002 4601 3662 : PS Form 3811, February 2004 Domestic Return Re~aipt · 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 tatum the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: 2. Article Number n Agent I ce Type 3. ~rtEled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Res'atoned Del[very? (Extra Fee) [] Yes 7011 1150 0002 4601 3648 PS Form 3811, February 2004 Dome~io Retum Receipt 1025eS-02~M-t S40 I~. Complete items 1, 2, and 3. Also complete Mm 4 if Restricted Delivery Is desired. · Print your narneand address on the reverse [] Addressee so that we can tatum the card to you. · Attach this cad th the back of the mailpieca, or on the front if space permits, 1. Article Addressed to: D. Is dai[va7 add•ss c [] Yes 2. A~lcle Number (Tmr~er from serv/ce/abe/) Pa Form 3811, February 2004 · 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 cad to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. ~ Number (Tmmfer from serv/ce/abe/) ~ Signature Pdnted Name) [] Insured Mail [] C.O.D. ~/'y~/ 4. Restricted Del[very? {Exfra Fee) [] Yes 7011 1150 0002 4601 3532 •Agent D. Is delhm~ address different f~om item 1 ?if YES, enter delivery address below: [] Registemcl [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Resfl%-ted Delivery? (Ex~a F-6e) [] Yes · Complete items 1,2, and 3. Also complete item 4 if Restrietad Delivery is desired. · Pdnt your name and add•ss on the •verse so that we can return the card to you. · Attach this card to the back of the mailpiace, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from sevlce labef) L ~.,-,~" ¢ ~ ~ [] Agent [] Address~ B. Received by (Pr/n/ed Name) D. [] Yes [] NO [] Registered [] Return Recaipt for Merchandise [] Insured Mail [] C.O.D. ~ 4. Restricted D~ivery? ~F-xtra Fee) [] Yes 7011 1150 0002 4601 3495 PS Form 3811, February 2004 Domestic Retum Receipt ,2, and 3, Also complete item 4 it Restricted Deliver/is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the bank of the mailpiece, or on the front if space permEs. A. Slgn~um X C. Date of Delivery D. Is daiJver [] No [] Express Mall [] Retum Receipt for Merchandise · [] C.O.D. 4. Rest~cted Dak, ey? (Extra Fee) 7011 1150 0002 4601 3518 []Yes 2. Article Numbe~ C/tansfer flora serv/ce/abe/) ~ = t:~ Form 381 1, February 2004 ~o2sgs-o24v.154o ~ ]9 0820 0001 7468 3098 PAID GREENPORT, NY OCT 20. ' 11 U~~T~D ~ar~s AMOUNT ,ooo~3~o6 $5.79 ~ O0100337~-0,~ 7011 1150 0002 4601 3297 ~000 U.S, POSTRGE GREENPORT,NY 11944 NOV 18. ' 1 l ~MOUNT $559 11944 00100337-05 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 14,2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 NOV 2011 Re: ZBA File Reft No. # 6525 1000-53-5-12.6 Dear Mark: We have received an application for demolition and construction of a new 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. Very truly yours, Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 14, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6525 Owner/Applicant · OTANO, Hernan (Breezy Shores Comm. Inc.) Action Requested: Demolition and construction of a new dwelling. Within 500 feet of: (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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. LesJje"l ZBOC By: :. Weismarv, ~irp.-~rs°n(-'l tJ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 20, 2012 Leigh Cortez Cohen & Warren, PC. P.O. Box 768 Smithtown, NY 11787 RE: ZBA Application #6525 & 6577, Otano Dear Ms. Cortez: As requested, transmitted for your records is a copy of the Board's July 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. If you have any questions, please call the office. Sincerely, ~ Vicki Toth Encl. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 20, 2012 Amy Martin Fairweather Design Assoc. 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6525, Otano Dear Ms. Martin: Transmitted for your records is a copy of the Board's July 19, 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. LINE ~x Service ^gency j ¥ j.?~ ~, L,I 5 piPES (~) N