The URL can be used to link to this page

Home My WebLink About6577 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 4- ju ¥7'm S 'uthold To~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 ZBA FILE: 6577 NAME OF APPLICANT: 8925 Bay Ave LLC SCTM#1000-104-3-15 PROPERTY LOCATION: 8925 Skunk Lane (adj. to Little Creek), Cutchogue NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I 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 June 19, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 19, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: This conforming water front parcel is located in the R-40 zone district and contains 202,165 sq. ft. (137,559 buildable). It is improved with a two story dwelling, accessory garage and shed. It has 375.00 feet of frontage on Skunk Lane, and is irregular in shape as shown on the site plan dated July 9, 2012 prepared by Mark Schwartz, AIA, Architect, PLLC. BASIS OF APPLICATION: Request for Variance from Article Ill Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an application for building permit for accessory tennis court at: 1) In the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard. RELIEF REQUESTED: The applicant requests a variance for a proposed tennis court located partially in the side yard where the code requires a rear yard location or in the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code. AMENDED APPLICATION: During the hearing, the applicant was asked if the tennis court could be moved farther from the adjacent property line. The agent for the applicant agreed to move the tennis court 35 feet from the Page 2 of 3- July 19,2012 ZBA File#6577- 8925 Bay Ave LLC CTM: 1000-104-3-15 adjoining property line and to maintain a fence height of 4 feet by recessing the court in the ground. Additionally, the agent stated the court will be for private use and only during daylight hours. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is well screened from the road with an existing large hedge of evergreens trees and shrubs making the tennis court nearly invisible from road. The applicant has indicated on a survey that a similar hedge will be planted along the westerly property line to screen the court from the adjacent property. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the subject property is on the water leaving the only alterative, for placing an accessory structure, in the front yard. This would necessitate a much more severe variance then the one currently before the board. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, this location is the only reasonable location to place such a large accessory structure on the property. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has agreed to recess the court 2 feet into the ground and construct only a 4 foot high fence from grade. This will effectively give the appearance that the court is only 4 feet high while giving the players on the court a 6 foot barrier in which to contain the ball. The site plan also indicates several drywells to contain run off. The proposed location is the furthest point from existing wetlands and the applicant proposes a 20 foot wide non-turf buffer to protect the wetlands and creek.. 5. Town Law §267-b(3?(b)($). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a tennis court 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT., the variance as applied for and shown on the site plan prepared by Mark K Schwartz AIA, Architect, PLLC and dated July 9, 2012. CONDITIONS: 1) No lighting. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Page3of3 July 19,2012 ZBA File#6577 8925 Bay Ave LLC CTM: 1000-104-3-15 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(~9 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. D~te of the Board: Ayes~ Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. Thts Resolution was duly adopted (5-0) Leslie Kanes Weisman, Chairperson Approved for filing 7/~//¢ /2012 LITTLE CREEK (DREDGED CANAL) LITTLE CREEK SITE PLAN SCALE:I"= 40'-0' FINAL MAP REVIEWED BY ZBA ISEE DECISION IDATED_.~L. / le I I- RECEZVED JUL 0 9 2012 80ARD'OF APPEAL~ / ¢//.z. N LINK FENCE ROAD SITE SECTION SCALE:I"= 20'-0' REVISIONS SIFEET NUMBER; S-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 ~cor. M~n Rd. & Youngs Ave.) Southold, NY 11971 MAIL1NGADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: June 19, 2012 Re: Coastal Consistency Review for ZBA File Ref. 8925 ~- #6577 SCTM#1000-104-3-15 8925 ~ LLC. - #65'17 - Request for Variance from Article III Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an application for building permit for accessory tennis court at: 1) In the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard, located at: 8925 Skunk Lane (adj. to Little Creek) Cutchogue, NY. SCTM#1000-104-3-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the below listed LWRP polices and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney doanne ~Vllnleri COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner June 19, 2012 RECEIVED JUN 2 2 2012 BOARD OF APPEALS Division of Planning and Environment Town ofSouthold ZBA PO Box 1179 Southold, NY 11971 A~: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant t6 the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Manago, Vincent & Carol 8925 Bay Ave LLC (c/o Mark Schwartz) Fidellow, Alan F. Geis, Denise TRK:ds 6576 6577 6578 6579 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 FORM NO. 3 NOTICE OF DISAPPROVAL ~ RECEIVED BOARD OF APPEALS DATE: Mayl 5, 2012 TO: Mark Schwartz for 8925 Bay Ave LLC P O Box 993 Cutchogue, NY 11935 Please take notice that your application dated May 11, 2012 For permit for an accessory tennis court at Location of property 8925 Skunk Lane, Cuchogue, NY County Tax Map No. 1000 - Section 104_Block~3 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory tennis court is not permitted pursuant to Article III, Section 280-15(F), "In the case o fwaterfront, accessory buildings may be lo~ated in the front yard, provided that such buildings meet the fi'ont yard principal setback requirements as set forth by this code, and the side yard setback requirements for accessory buildings in Sec. B above". The site plan indicates the proposed tennis court is located partially in the side yard. Permit Examiner RECETVED .. JUN 4 20!2 Fee: $ Filed By:. Assignment No. ~,,-.~....~,.,.. ....... Imp._.. APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ltonseNo.~.~ Street Skunk Lane SCTM 1000 Section 104 Block 3 Lot(s) Hamlet Cutchogue 15 Lot Size 6.1 acre Zone 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May is, 2012 BASED ON SURVEY/SITE PLAN DATED May 11,2012 8925 Bay Avenue LLC (Anthony Lomangino) Applicant(s)/Owner(s):. Mailing Address: 1 1743 Bella Donna Court, Palm Beach Gardens, FI Telephone: Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark Schwartz for~-~)wnelr-'-~tber: Address: P.O. Box 933 Cutchogue, NY 11935 Telephone: 734-4185 Fax: 734-2110 Email: Please checl~ to specify who you_w~ correspondence to be mailed to, fro. tt~e above names: ~tApplicant/Owner(s), ~]nuthorized Representative, U Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May11,2012 and DENIED AN APPLICATION DATED May11,2012 Buildlng 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.) Article: ~" Section: 2s0 Subsection: qSIF) Type of A.A.A.A.~peal. An Appeal is made for: L~lA Variance to the Zoning Code or Zoning Map. B 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 appealr~ has, [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) RI~'AS()NS FOR APPE/\L (additional shect,x may bt' used with preparer's ,~igm t re): . IRE.,I I ~ IRL INCE RE. ISO,VS: (1) Au undesirable change will not be produced in tile CIIARACTER of tile neighborhood or a detriment to nearby properties if granted, becaose: The properly is well screened from the road with a large hedge of evergreen trees/shrubs, therefore the tennis court will not be visible from the road. An evergreen hedge is also proposed along the west property line to screen the tennis court from the adjacent property. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to porsne, other tllan an area variauce, because: The property has an existing residence with attached garage, a driveway, a pond and large areas of wetlands. There is not enough area for the tennis court in the front yard. Placing the tennis court in the rear yard would be too close to the water and would have a negative impact on the shoreline. (3) The an]ount of relief reqoested is not substantial because: The relief requested is substantial however the applicant is willing to place covenants and restrictions on the tennis court as the Board sees appropriate to mitigate the neighbor concerns or future possible conflicts. (4) The vm'iance will NOT havc an adverse eH'oct or impact ou tile physical er environmental conditious in the neighborhood or district because: The proposed tennis court is shown at 65 feet from the wetlands and 50 feet off the road. It will be well screened and the fence will be black chain link no higher than 4.0 feet. No lighting is proposed and the tennis court will be used seasonally and only during the day light hours. (5) llas lilt' alleged (lifficully been self-created? [~]Yes, or [~No. Are there Covenants aud Restrictious concerning this land: [7]No. [~'lYes (please [hrnish ct,pi'). This is tile MINIiMUM that is necessar3 and adeqoate, and at the same time preserve and protect the character of Iht ueighborhood and tile health, sal~ty, and s~elfare of the communi~'. BONNIEJ. DOROSgI Nota~ Public, State Of New¥o~ No. 01006095328, Suffolk CoJx~t'/ Term £xpiresJuly 7,20 RECEIVED BOARD OF APPEAL~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Mark Schwartz for 8925 Bay Ave LLC [. ]For Demolition of Existing Building Areas Please describe areas being removed: n/a Date Prepared: May 25, 2012 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: n/a Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height (from finished ground to top of ridge): n/a Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a III. Proposed Construction Description (Alterations or Structural Changes) (auach extra sheet if ncccssmy)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: residential land with two story house, garage, pond and driveway Number of Floors and Changes W1TH Alterations: accessory tennis court with 4.0 foot fence around IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2751 sf Proposed increase of building coverage: 60' x 120' tennis court (7200 sf) Square footage ofyoar lot: 6.1 acres 202,165 sf (137,559 sf buildable area) Percentage of coverage of your lot by building area: 1.96 % existing 7.19% proposed V. Purpose of New Construction: accessory tennis court for recreational purpose. It would be a private use during daylight hours VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Residential land with wetlands along the north and west sides of the property and has a freshwater pond Property adjacent to pond slopes downward. Setback restrictions from the wetlands create only an area iix the side yard for construation of a tennis court. 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 RECEIVED dUN "4 20~? BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject ptvmises listed on the real estate -,~t~t for sale? ,,,]--'] Yc~ ,[~-] No Are there any propomds to clumge or alt~r land contours? [-~ No [-~ Yes please explsin on ~hed sheet 1.) Arc there areas that coatain ~nd or wetland grasses?Yes 2.) Az~ those areas shown on the stnvcy submitted with this agpiication?y~8 3.) Is thc propcn*~ bulk he~rled between thc wetlands area and thc upland bui]dinE area? No 4.) I£you~ proper~ conmim wet]amis or pond areas, beve you ~ontacted tbe Office of th~ Town tn~e~ for its dg~ -~;-,qiou ofjorisdicQon? No Please c(~inn status of your ~ or appl/cation with the Trust~s: not applied yet and if issued, please attach copies of permit with condit/ous and approved survey. Is ti~re a dcprc~on or sloping clevation near thc area ofpropo~d cmumuction at or below five feet above mean sea level? Yes Are there any l~tios, concrete barriers, bullrlmads or fmces that e~ist that are not ~d~own on the ~urvcy tJ~t you are submitting? NO Please show area of ~ stm~bzrcs on a dia~am if any exist. Or statc none on the above line. Do you have auy constm~ou taking place at this time conccm/ng your premim~? yes If yes, pleme submit a copy of your bui]dln_opemfit and sm. vey as approved by the Building Department and ples~ describe: alterations to house Please a~tach all pre-certificates of occupancy and c, ertfficate~ of oCoul~ncy for the subject premises. If any a~ lacking, please apply to the Building Depa,'tment to either obtain thexn or to obtdu ~m Amended Notice of Disapproval Do you or any co-owner also own other !~nd adjoinln..o or close to this pardi? Yes If yes, plca~c label the pl'oxlmity of your lands on your survey. Please list present use or opeiations co~;L,~ed at this parcel Single Family Residential and thc prepaid usc Tennis court w/Fence · (e~ ~od~ ~ t~ly, prOl~e4~ RECEIVED ,JUN 4 ;i ? BOARD OF APPEALS PROJECT ID NUMBER PART1-PROJECTINFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SNORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicanl or Project Sponsor) t 1, APPLICANT I SPONSOR | 2. PROJECT NAM~ 3.PROJECT LOCATION: ~..PRECISE LOCATION: Street Sass and Road intersections. Prominent landmarks $lc -or provide / RECEIVED SEQR JUN 4 2012 BOARD OF APPEALS ,.,s "ROPOSED ACT,ON: 171N,w $. DESCRIBE PROJECT BRIEFLY: Construct tennis court with fence 7. AMOUNT OF LAND AFFECTED: InitialiY8000 sf acres Ultimately 8000 SI acres 8. WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER RESTRICTIONS? accessory structure in side yard needs Town variance 9. WHAT IS PRESENT LAND USE IN VICINIT~ OF PROJECT? (Choose as many as apply.) ['~"JResl6enllal r'--llndusblal j---JCommerclal J---JAgdcult~re NPark/ForesllOpenSpace NOIher(desc~be) ~0'i" DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Slate or Local) ~JYes [~]No If yes, list agency name and permit / approval: Town Trustees, DEC, Building Dept 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r-'JYes J"~No II yes, list agency name and tiermit / approval: 1 . AS A ULT OF I PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I/koplicant Sij[inalure. CERTIFY THAT THE INFORMATIOH PROVIDED ABOVE I$ TRUE TO THE BEST OF MY KNOWt. EDGE Date: If th a~on Is a C~l Ama, and you m~ m s~ a~ncy, complete ~e Coas~l ~sessment Form ~m preceding w~ this ~sess~nt PART II - IMPACT ASSESSMENT {To be completed by Lead Agency) IlDOES ACTION EXCEED ANY TYPE I THRESHOLD ,Ne NYCRR. PAR3' 617.47 l, yes. coordinate the review pro~ee~ and use the FULL EAF. [~1 Yea E~No WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 If NO. a nogati~e I . decisreflon ma~e supereeded by another involved agency. r--lyes I~lNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1, Exis~ng air quality, auri'ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid ~*asts production or disposal, potential for erosion, drainage or I~x3dlag problems? Explain b~etiy: 1 C2. Aesthetic, agricutiul'el, archaeological, histo~c, or other rial{Imf or cultural mceurces; or community or nelghl~3rhood character? Explahl c3. vegete,~ orfa;~ "~: ~,;ii~ or w,de* .p~e.. sigem~t heeaais, or*~a~ or..d..g~d sp*c,*.* ~ai" / C5. !rowth. ~U'' 'b~lmn, development, or..ted act's lithely Io be Indlt~ed by the ptopose~J"a~tion? Explain briefly: / pART III - DETERMINATION OF SIGNIFICANCE (To be competed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othee~lae significant. Each effect should be assessed in connection with its (a) netting (i.e. ud3an or r~rai); (b) probability of occunthO; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, tf question d of part ii was checked yes. the determination of significance must evaluate the potaniial impact of the Froposed action on the anvironmenfoI charactorisUcs of the CEA. Check this t)ox if you have identified one or more potenUally large o~ significant adverse impacts which MAY occur. Than proceed direly to the FULl. FAF and/or prepare a positive dec~ration. Check this box if you have determined, based on the Inflormatlon and analysis above and any suppo~ng documentation, that the pre~eaad actio~ WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as nocessar/, the reasons suppo~ng this determination. Name of Lead Agency Date Title of Responsible Officer Pdnt or Type Name of Responsible Officer In Lead Agency Signature of Responsible Off(er in Lead'Agency Signature of Preparer (If different from responsible officer) RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS JUN 4 2012 TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distrlcL All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. Name of Applicant: Mark Schwartz 2) Address of Applicant: P.O. Box 933, Cutchogue, NY 11935 3) Name of Land Owner (if other than applicant): 8925 Bay Ave LLC, LLC 4) Address of Land Owner: 11743 Bella Donna Ct., Palm Beach Gardens, Florida 5) Description of Proposed Project: Construct Tennis Court with fence 6) Location of Property (road and tax map number): 1000-104-3-15 7) Is the parcel within an agricultural district? ~lNo [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~]No I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at Sighat"~re of ~,ppli~.~ 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 action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review &this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the proper~ owners identified above. The cost tbr mailing shall bo paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the applica~.ion is not complete and cannot be acted upon by the board. I - 14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessar~ to avoid same. YOUR NAME: Schwartz, Mark (Last name, first name, middle initial, unless you are applying in the name -.f~.,q..~ of someone else or other entity, such as a company. If so, indicate the other person or company name.) RECEIVED NATURE OF APPLICATION: (Check all Tax Grievance Variance Special Exception If"Other", name the activity:. Change of Zone L I Approval of Plat Exempt on from Plat or Official Map Other I J [ that apply.) ,JUN ' I 4 2012 BOARD OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES [ ] NO L / l Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate linc A through D (below) and/or describe the relationship in the spacc prm ided. The Town officer or e~nploycc or his or her spouse, sibling, parent, or child is (check all that apply): [ ] A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ~ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ["~'-~ C) an officer, director, partner, or employee of the applicant; or ['~] D) the actual applicant. DESCRIPTION OF RELATIONSHIP APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM TheTownofSouthold'sCofleofEthics rohibi~ conflicts ofinterest on the arl oftown officers and em 1o ecs. The u eof thsform~s o mv de mformat~on wh~ch can alerl the town of ss~ble c°nfl~as of~nterest and allow it to take whatever action is necessa to avoid same. ain~j first name, mid'lc iniiial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or cOmpany's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~(~ Trustee Change of Zone -- Approval of plat Coastal Erosion -- -- _ Mooring Exemption from plat or official map Planning Other (If"Other", name he activity.) Do you personally (or through your company, spouse, sibling, parent, or child) bare a relationship with any officer or employee o f the Town of Southold? "Relat'onsh~p nc udes bY bl°°d, mn'Tinge, or business interest. "Business interestS, means a business, including a paflnership, 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 ~.f the shares YES ------ NO If you answered "YES", complete the balance of this form and date and sign where indicated RECEIVED BOARD OF APPEALS DESCRJPTION OF RELATIONSHIP Form TS I ~ubmitted tb/x.~f ~0~,~ 200 I~ S ig n atu r e ~~~t~.,....-.~.~ Town of Southold INSTRUCTIONS 1. [ RECEIVED .~. LWRP CONSISTENCY ASSESSMENT FORM ,JU~ "4 2012 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 104 .3 -15 The Application has been submitted to (check appropriate response): Town Board [--'] Planning Dept. r~ Building Dept. F--] Board of Trustees N 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: Construct accessory tennis court with fencing Location of action: 8925 Skunk Lane, Cutchogue Site acreage: 6.1 acres Present land use: single family residential Presem zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be pmvided: (a) Name of applicant: Mark Schwartz (b) Mailing address: P.O. Box 933, Cutchogue. NY 11935 (c) Telephone number: Area Code ( )_734-4185 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] Nol l If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ['"~Ves [~ No ~ (Not Applicable- please explain) Not adding a structure 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) Not historical land 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) Tennis court will not be visible from the mad 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 N (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) Drywells shall be installed to collect stormwater runoff 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) Haybales and drainage system to be installed as required Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section II1 - 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) No septic proposed 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. ~ Ve~ No [~ (Not Applicable - please explain) Private property 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) No water proposed Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~]Yes ~ No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~Yes [~ NON--] Not Applicable- please explain Not agricultural land 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 November 10, 20 l 1 Antimony Ix)mang,4no .(t205 Skunk 12me Cutchogue, New York 11935 561-262-1418 RECEIVED ,JUN 4 BOARD OF APPEALS To Whom It May Concern: I, Anflmny LolnangillO, aufllorize Mark Schwartz, AIA - Architect, to act as agent tbr l)ermit al)plications to fl~e, New York Slate l)el)arunent of Environmental Conservation, Soufl~old Zoning Board of Appeals and the Sotnhold Building Deparunent. I also consen! to insl)ection of tiffs l)rOl)erty by fl~e ',d'oremcntioned authorities. Thc prol)osed construction l)rojcct is located at 9103 Skunk Lane, Ctnchogme, New York (SCTM# 1000-104-03-18.1). Sincerely, Anthony Ix)mangdno dale: FOB~d NO. ~ TOWN OF SOUTHOLD BUH.DING DEPARTMENT Town Clerk's Office Southold, N. Y. RECEIVED ,/UN 4 2012 Cerlificate O[ Occupancy BOARD OF APPEALS Date .............. ,-T .z~.y.... 1.bt...., 19.~.6. THIS CERTIFIES that the building located at . E/S- ,.~k~nk..l~-an~. (Bay .AV~Street Map No. XY~X ........ Block No..X~]~ ..... Lot No. XXX...C. utchogue...I~ ,y ........... conforms substantially to th~ & Housin code built before Apr 23 .. dated ...................... , 19.~?.. pursuant to whlcn~mo.z?t2~,. ·. dated ...... Jmly .... lb~ ....., 1976.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . PT.~Ya~;P..one. .~.m~.~-.~ .d.w.e.]:l. -!~g. ~..h. &CC~.~.O~'Y. b.u.i..1.d.i, Dg .......... The certificate is issued to .L. e0~ .$~;aBd.~.py. .... 0.~er. of..recpl~d ................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .pre~-..~xl.sting .................... UNDERWRITERS CERTIFICATE No..PYer..e.x.~.p.t.!r~g ............................ HOUSE NUMBER ..... ~.925... Street .. Skunk. Lane..(..Ba~-..Ave.)..Cut~hogu~.. Building Inspector HOUSING CODE INSPECTION July 13, 1976 8925 Skunk Lane R-1 Cutchogue, N.Y. ""- RECEIVED ,JUN 4 70!2 BOARD OF APPEALS Tax Roil: Leon H. Standley Occupied: Joseph Saland & Wife Upon receipt of an application for a Pre-existing Certificate of Occupancy, I made an inspection of this one and one half story framed dwelling with attached two-car garage. I was admitted to building by Mrs. Saland who accompanied me during this inspection which began at approximately 9:50 A.M.. The first floor consists of a kitchen, dining room, living room, half bathroom, and storage room. The second floor has three bedrooms and two full bathrooms. Heat is furnished to all rooms from an oil hot water furnace located in full cellar. The following violation of the Housing Code, Chapter 52, Town of Southold, New York, was found: Garage: outside stair to loft requires handrail on open side - Article III, Section 52-27 B. Inspection completed at approximately 10:15 A.M.. Edward Hindermann Building Inspector EH:med FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED JUN ~1 2012 Southold, N.Y. BOARD OF APPEALS No Z-25314 Date OCTOBER 14, 1997 TBIS CERTIFIES that the building Location of Propert~ 8925 SKUNK LANE House NO. County Tax Map No. 1000 Section 104 Subdivision ALT~KATIONS Block 3 Filed Map No. Lot NO. Street Hamlet Lot 15 conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 10~ 1997 pursuant to which Building Permit No. 24312-Z dated AUGUST 14r 1997 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ENCLOSE ~N EXISTING COVE~ED PORCH AND ALSO TO RENOVATE ABOVE AN EXISTING TWO CA~ GARAGE TO STORAGE SPACE AS A~PLIED FOR. The certificate is issued to SALVATORE & ELSE-MARY CUCINOTTA (owner's) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTB APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N433596 OCTOBER 3~ 1997 SEPTE~4BER 26~ 1997 SAL~FATO~E CUCINOTTA Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DBPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ! RECE]VED '~:~ JUN 4 2012 BOARD OF: APPEALS No Z-25315 Date OCTOBER 14, 1997 THIS CERTIFIES that the building Location of Propert~ 8925 SKUNK LANE Subdivision ACCESSORY Block 3 Filed Map No. Lot NO. Street Hamlet Lot 15 conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 17, 1982 pursuant to which Building Permit No. 11918-Z dated SEPTEMBER 17, 1982 was issued, and conforms to all of the ~equirements of the applicable provisions of the law. The occupancy for which this certificate is i~sued is AN ACCESSORY BUILDING IN 1'~ REAR YARD AS APPLIED FOR. The certificate is issued to (owner's) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N433596 PLUMBERS CERTIFICATION DATED S;tLVATO~ & ELSE-F.~%RY CUCINOTTA O~TOBER 3, 1997 Buildin~/~nspector ~ Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT RECEIVED_ ~-..~ . JUN 4 2012 BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 36684 Permission is hereby granted to: 8925 Bay Ave LLC Date: 9/12/2011 3 Sun Haven Ln Commack, NY 11725 To: construct front & rear open porches and alteration to sunroom. At premises located at: 8925 Skunk Ln, Cutchogue SCTM # 473889 Sec/Block/Lot # 104.-3-15 Pursuant to application dated To expire on 311312013. Fees: 812412011 and approved by the Building Inspector. SINGLE FAMILY DWELLING - ADDITION OR ALTERATION CO - ADDITION TO DWELLING Total: $755.20 $50.00 $805.20 uilding Inspector REC~FvED JUN 4 2~ ~ BOARD OF APPEALS ~N OF SOUTHOLD ~UILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971. TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20__ D sapproved aJc~/~( 5// Expiration ,20 BUILDING PERMIT APPLICATION CHECKLIST PERM'IT NO. MAY 11 2012 BLDG DEPT TOWN OF SOUTHOLD Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mai, to: 1~.~. Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date tSP~'/t/o// ~ ,20__ a. This application MUST be completely filled iii by typewriter or in ink and submitted to the 3u lding Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationsbip to adjoining premises orpublic streets or areas, and waterways. c. The work covered by this application may not be commel}ced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout tile work. e. No building shalI be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building,15~rlhit shall e~pire i~':tl4; v~oek 'autl~;rized has not comrn'en~&d:wi[l~in 12 months at~er the date of issum~c.e or has not been completed within 18 montbs from sucb date. If no gomngamendments or other regulations affecting the property have been'ehacted in the interim, the Buildirtg Inspector may authorize, in wrixing, the extension of the permit for an addition six months. Thereafter, a new permit shalI be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk Comity, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, gineer, general contractor, electrician, plumber or builder '" '' Name of owner of premises / / ~ U~ 1~ ~ (As on the tax roll or l~test deed) [ ' ~ ' / ] If applic~t is a co¢oration, signature of duly authorized officer ~me and title of co¢orme officer) Builders License No. Plumbers License No. Electrici~s License No. Other Trade's License No. House Number Street County Tax Map No. 1000 Sectio~ ! 0 4 Block Lot RECEIVED BOARD OF APPEALS Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of prol2osed construction: a. Existing use and occupancy b. Intended use and occupancy 6~',4L~ ,~ 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars C Addition Alteration Other Work .7~_~-A) 3-2 l ,J" C~ 7'- (Descriptibn) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensiohs of existing gtructures, if any: Front .Depth Height_ Number of Stories Dimensions of same structure with alterations or additions: Front Depth, Height Number of Stories Rear 8. Dimensions of entire new construction: Front Rear Height -' Number of Stories .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ ~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ¢~ NO__ 13. Will lot be re-graded? YES NO K Will excess fill be removed from premises? YES J( NO ' ~'t-,~,~o~ 117~3 ~G[t.~, SE O0'~,,,U.~ ¢1- ' ' 14. Nines of Owner of premises ~~/~ mddres~~ i~ ~o~d/_ NmeofArchitect ~C ~~~ Address ~ff~ ~/~f PhoneNo ~/'ff& l-/~/~ Nme of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES I--/NO __ * iF YES, SOUTItOLD TOWN TRUSTEES & D.E.C. PERMITS ~AY ;BE REQUIRED. b. Is this property within 300 feet ofatidal wetland? * YES t,/ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO R~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY being duly sworn, deposes and says tbat (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ,~ C ~ , (Contractor,'Agpli, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are true to the best of his know[edge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary P~blic /~ ~, ~._ /~ ,/..~ _/.~TOWI~ OF SOUTHOLD PROPERTY RECORD CARD ..... ~-"--- VILLAGE I DIST. SUB. OWNER STREET ~ -,/ ~ ~ fmC( ED · S W ' L.' F( f~ TYPE OF BUILDING "%¢ ~ ,~S. V,. FARM 1COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS FARM Acre V~lue Per Value Tillable 1 Woodland ~ . ¢ . Swampbnd FRONTAGE ON ~ Brushland FRONTAGE ON ROAD .3 ~ ~ A~~/~.": House Plot DEPTH ~ ~ ~ ~ BULKH~D Total ~ ~ ~ ~ DOCK 104.-3-15 9/06 Bldg. -'xtension ~orch ~orch ~arage Patio~[°6 O. B. I//Z~ Total 5~x¥5' ~ 3~0 undation Basement Ext. Walls · ~' Fire ;~ re. arian Room Dormer Driveway 108'! 0 q/aoo6 Bath :loors nterior Finish 1st Floor Rooms 2nd Floor 3 Dinette BR. FIN. B. I / LITTLE CREEK', (DREDGED CANAL) LITTLE CREEK L RECEIVED SITE PLAN jun 4~ SCALE: I" = 50'-01~OARD OF APPEALS REVISIONS: I S-1 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 7, 2012 Zoning Appeal No. 6577 Transmitted herewith is Zoning Appeals No. 6577 Mark Schwartz for 8925 Bay Ave. LLC 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, Notice of Disapproval from the Building Department Dated May 15, 2012, Copy of Site Plan Showing Existing & Proposed Construction Dated May 10, 2012 Prepared by Mark Schwartz, Authorization Letter from Anthony Lomangino to Mark Schwartz to Represent them in the Matter Dated November 10, 2011, Copy of Certificate of Occupancy No. Z7123 for Private One Family Dwelling With Accessory Building Dated July 14, 1976, Copy of Housing Code Inspection Dated July 13, 1976, Copy of Certificate of Occupancy No. Z-25314 for Enclose an Existing covered Porch and also to renovate above an Existing Two Car Garage Dated October 14, 1997, Copy of Certificate of Occupancy No. Z-25315 for an Accessory Building in the Rear Yard Dated October 14, 1997, Copy of Building Permit No. 36684 for Construct Front & Rear Open Porches and Alteration to Sunroom Dated September 12, 2011, Two Pages of Photos of Property, Two Page Copy of Application for Building Department Dated May 10, 2012, Copy of Town of Property Record Card (Both Sides). ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/5/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED Credit card 6577 8925 Bay Ave LLC (see $500.00 attached ~JN 5 20~ receipts) $outhold Town Clerk $500.00 By lc Thank 'fou. of Southold P.O Box 1179 Southold, NY 11971 Date: 06/06/12 * * * RECEIPT * * * Receipt~: 134750 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6577 $500.00 Credit Card Total Paid: $500.00 Name: Clerk ID: Schwartz, Mark Po Box 933 375 Fishermans Beach Road Cutcho(~ue, NY 11935 CAROLH Internal ID: 6577 15: lB: q? TOTALS EPORT Batch Num: ~iB Host Name: PAYM Merchant ID: )m~) C~d Cnt Sale Total VI 1 50B.8~ 500.88 SaLe Total: $ 5OB,BO [erminal Fee: $ 0.00 Total: $ 58B.BO TOWN OF SOUTHOLD ZBA 54375ROUTE 25 SOUTHOLD,NYllB?l B31-?BS-1882 Term ID: 8~1 86x81/12 15:11:09 SETTLE ENIREPORI Batch Hum: Host Name: PAYM Merchant ID:~ Sales Tota! ttl entSucc sFul OK 6lB 8601 ~558 15; 18: 46 DETAIL REPORT Batch Nua: 886818 Host H~e: 8AYM ~rchant ID:i TT Sale lota~ Acct ~ Terminal Fee S 580.86 506.88 ~ 0,80 868881 ~a~dTobl~ Sa!e Total: 1 $ 580,~ lermknal Fe 8 $ 8.88 Tota1: 1 $ 58B,08 TO~N O~ SOUIHOtD ZBA 54875 ROUTE 25 SOUTHOLD.N¥ 11971 Merchant lerm ID: 881 Ref fi: 881 Sale THANK BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 5, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 5~ 20t2: 11:40 A.M. - 8925 BAY AVENUE~ LLC. - #6577 - Request for Variance from Article III Section 280-15(F) and the Building Inspector's May 15, 20t2 Notice of Disapproval based on an application for building permit for accessory tennis court at: 1) In the case of waterfront properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.., proposed location is other than the code required front or rear yard, located at: 8925 Skunk Lane (adj. to Little Creek) Cutchogue, NY. SCTM#1000-104-3-15 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (63t) 765-1809, or by email: Vicki.Toth(~,Town. Southold. ny. us Dated: June 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME 8925 BAY AVE LLC #6577 MAP # 104.-3-15 VARIANCE YARD LOCATION REQUEST CONSTRUCT ACCY TENNIS COURT DATE: THURS, JULY 5, 2012 11:40 If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 0746 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 21st day of June1 2012. Sworn to before me this LEGAL NOTICE $OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY 5, 2012 PUBLIC HEARINGS NOTICE IS HERE]BY GIVEN, pe~ suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoalng),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the ~Ibwn Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY JULY 5. 2012: Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing June 7, 2012 10.~0 A.M. - SUSAN MEYER- 10'.30 A.M. - D.E and J. M. HARRIS CHILDREN'S TRuer ~6570 - Request for Variance from Article III Code Sec- tion 2~0-15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1) ac- cessory barn is proposed in a location other than the co~e required rear yard, located at: No number Clay Point Road (Off East End Road) F~sbers Island, NY. SCTM#1000-7-1-7.1 10',50 A.M. - MILL CREEK PART- ~ - Request for Vari- ance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspec- tor's February 29, 2012, revised May 7, 2012 Notice of Disapproval concern- ing permit to construct a dock master's building and addition/alteration to exist- ing restaurant,at; 1) dock master's build- ing at less than the code required bulk- head setback of 75 feet, 2) additions/ alterations at less than the code required bulkhead setback of 75 feet, located at: 64300 Route 25 (adj. to Southold Bay) Greenport, NY. SCTM#1000-56-7 2 A D LLOW- g6578 - Request for Variances from Ar ticle XXII Code Section 280-116(B) and Blvd, (adj. to Great Peconic Bay) Lau reL NY SCTM#1000-128-6-1 LLC. - #6577 - Request for Variance from Article III Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an ap- (adj. to Little Creek) Cutchogue, NY. MANAGO #6571~ - Request for Vari- ance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspec tor's April 6, 2012 Notice of Disapproval concerning proposed additions and a- terations to a single family dwelling, 1) less than the code required bulkhea~ setback of 75 feet, located at: 8225 Nas- sau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118- 4-10 Request for Variance from Article XXIII Section 280-124 and the Building Inspec- based on an application for building per- family dwelling at: 1) less than the code Mattituck, NY, SCTM#1000-100-1-24 week(s), successfully commencing on the Principal Clerk day of ,(,/x._~. 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01¥06105050 Qualified In Suffolk County My Commission Expires Cebruaty 28, 2016 1:50 EM. - PAUL A. and ELIZA- a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-63-2-25, based on the Building Inspector's April 27, 2012 Notice of Disapproval, which states adjoining conforming or noncon- forming lots held in common ownership shall merge until the total Itt size con- forms to the current hulk schedule (min- imum 40,000 square Ieet in this R40 Residential Zone District) this Itt is mergeriwith lot 1000-63-2-26, located at: 955 & 1,065 Hummel Avenue Southold, NY. SCTM#'s-1000-63-2-25 & 26 2:15 P. IVL - JOHN and ANGELA R~ - Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in- ground swirmming pool/spa at: 1) acces- sory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/ spa is proposed in a location other than the code required rear yard, located at: 590 Arrowhead Lane Peconic, NY. The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring t6 submit written sta ements before the concusion of each hearing. Each hearing will no start earlier than des!gnated 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-I809, or by email: ~V--~ '..T°. t h~Tow~ U t hold .nv. u~. oaten: June 11, 2012 ' ZONING BOARD OF APPEALS ~ LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Malling/USPS) P.O. Box 1179 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:h~://southtown.noffh~rk.net June 11, 2012 Re: Town Code Chapter 55 -Public Notices for Hearing Thursday,July 5, 2012 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 June '18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which ab-~ts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q thu hearing, providin,q the returned letter to us as soon as possible; AND not later than June 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green~vhite 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 June 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (it is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 2, 20t2. 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YJ2kRK I, //~/~.~/t~~ residingat New York, being duly sworn, deposes and says that: On the ~ day of ~)t/a.//~-___ ,20 1 ,~;--I personally mailed at the United States Post Office in ~~_~, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across., public or private street, or vehicular right-of-way of reco,rd, surrounding the~ Sworn to' before me this day of ,20 (Notary Public) 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, Postage $ Certified Fee (Endorsement R m m OFF C!A /'10 Return Receipt Fee (E~domement Required} r'"l orPOBoxNo, Postage · Complete items 1, 2, end 3. Also complete item 4 if Restricted Delivery is desired. · Print your name end 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. o. zro ' Cu~.c A,~9 ,,¢ /w' /I D. Isdellve~yeddressdiffemntflomitem ? r-~Yes ff YES, enter delivery address below: [] No ~3e~ M~i [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall ri C,O.D. Restricted Delivery? (Extra Fee) [] Yes 2. Ar'acle Number crran~fer~romse~,~e.~e~eO 7011 0110 0002 5166 9316 PS Fo~ 3811, Febma~ 2004 D~ic R~urn R~I~ 1~59~-~1~ N TO~ COVE TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOIJTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as scmv el# ooo- toe .-03 ;-/f- COLrNTY OF SUFFOLK) STATE OF NEW YO~k~ I, ~~d~_~/~/~~esidingat ~f t/~~ .... ~ , New York, being duly swo~ depose ~d say that: On ~e ~ . ~ dayof ~ ,201, I person~ly placed ~e To~'s O~e~fl Poster, wi~ the date of he~ing ~d nature of my ~uplication noted thereon, ~ly upon my prope~y, located ten (10) feet or closer ~om the s~eet or right-of- ~y (~veway en~ce) - facing &e street or facing ~eh s~t or right-of-way enhance,* ~d ~t I hereby confirm that the Poster has remained in place for seven i date of the subject hearing date, which hearing date was shown to be Sworn to before me this Day of ,201 (7) days prior tt~the (Notary Public) * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · 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 maJlpieca, or on the front if space permits. 1. Article Addressed to: 2. Article Number 7 0 1 1 (Transfer f~om service label) · -- [] Agent If YES, delivery [] No JUN 2 I [] Express Mail [] Retum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0110 0002 5166 9323 PS Form 381 1, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maiJpiece, or on the front if space permits. 1. Article Addressed to: [] Agent ' address different from Item 1 ? If YES, enter delivmy address below: r~ Express Mail ri Return Receipt for Merchandise ~] C.O.D. 4. Restricted Deliveq/? (Extra Fee) [] Yes 2. Article Number (T~fro~,/ce/ade0 _ 7011 0110 0002 5166 9330 PS Form 3811, February 2004 Domestic Return Receipt 102595-02~4-1540 ] · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Pdnt 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 fl'ont if space pemlitS. 1. Article Addressed to: O Agent [] Addressee C, Date of Delivery D. Isdellv~yaddre~sdiffemntftomiteml? •Yes ff YES, enter delivery address below: [] No 0 Express Mall [] Reglsfemd [] Return Receipt for Memhandise i-1 Insumd Mall [] C,O.D. 4, Restricted Delivery? ~xtra Fee) [] Yes 2. Article Number (Tm,'~?~?fe~m~,~ 7011 0110 0002 5166 9309 PS Form 3811, February 2004 Domestic Return Receipt 1025~-~0~-M-1540 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southotd, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 6, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6577 (8925 Bay Ave LLC) Dear Mr. Terry: We have received an application to construct an accessory tennis court in Cutchogue. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, JUN - 6 2012 Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 June 6,2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6577 Action Requested: Within 500 feet of: Owner/Applicant: 8925 Bay Avenue LLC Additions/alterations - bulkhead setback ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson l/ 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 Mark Schwartz, Arch. P.O. Box 933 Cutchogue, NY 11935 RE: ZBA Application #6577, 8925 Bay Ave., LLC Dear Mr. Schwartz: 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. Sincerel~ Vicki Toth Encl. Cc: Building Dept. BROADWATER$ COVE TOWN OF SOUTHOLD 2 N NOTICE COUNTY OF SUFFOLK (~) ax,'mo~