HomeMy WebLinkAbout6583
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Sonthold, 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
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 16, 2013
ECEIVED
MAY 2_q
$outhold Town Clerk
ZBA FILE: 6583 AMENDED
NAME OF APPLICANT: Vincent and Eileen Flaherty SCTM: 1000-92-1-8
PROPERTY LOCATION: 470 Inlet Way (adj. to Fairhaven Inlet, The Inlet and Little Peconic Bay), Southold, NY
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMiNISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated July 17, 2012 stating that this application is considered a matter for local determination as there appears
to be no significant county-wide oi' 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 July 24, 2012. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standm:ds
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The Applicants' property is an irregularly shaped 1.15 acre waterfront
parcel in the R-40 Zone. The northerly lot line measures +/- 410 feet adjacent to the ROW named Inlet Way, and
to the waters of Fairhaven Inlet. The easterly lot line measures +/- 173.58 feet, and is partly bulk headed adjacent
to Fairhaven Inlet. The southerly lot line measures +/- 441.17 feet, and has a wooden bulkhead along its entire
length adjacent to Little Peconic Bay. The westerly lot line measures 38.56 feet adjacent to a short extension of
Inlet Way. The property is improved with a single family dwelling, a semi-attached accessory garage, decks, and a
swimming pool with deck, as shown, with proposed alterations and additions, on the site plan survey drawn by
Samuels & Steelman, Architects, dated June 25,2012, last revision dated Aug. 6, 2012.
BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article III Code
Section 280-15 based on an application for building permit and the Building Inspector's April 30, 2012 Notice of
Disapproval concerning permit to construction additions and alterations to a single family dwelling, at: 1) proposed
construction at less than the code required bulkhead setback of 75 feet, 2) upon construction accessory garage will
be located in other than the code required rear yard.
RELIEF REQUESTED: The Applicants request a variance to renovate the existing dwelling located at a 16.1 feet
setback from the bulkhead, whereas 75 feet is required by Town Code, and request another variance to locate an
accessory garage in a side yard, by removing a breeze way that currently attaches the structure to the principal
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ZBA File#6583 - Flahcrty
CTM: 1000-92-1-8
structure, when Town Code requires accessory structures to be located in a rear yard area, or in the case of
waterfront property a fi.om yard location, provided it meets the principal setback required in the zone district.
ADDITIONAL INFORMATION: The Applicant has obtained a Town Board of Trustees permit for the proposed
construction. The Trustees established a 15 foot non turf buffer adjacent to shoreline areas on the property.
The Applicant's existing single family dwelling was built prior to the Town's adoption of its Zoning Code, and has
a valid pre-existing CO. The garage currently has a valid CO as part of the principal dwelling, which becomes a
nullity once the garage is detached from the principal dwelling. More specifically, once the garage is detached
from the principle dwelling it becomes a non-conforming accessory structure, as opposed to being part of the
principal dwelling. The garage also contains habitable space on the second floor, which was permitted as part of
the principal dwelling when the garage was attached to the principal dwelling, but is not permitted in an accessory
garage once it becomes detached. The applicant's do not wish to apply for an accessory apartment in an accessory
building due to the fact this is not their primary residence. The Applicants have submitted a written agreement with
the Cedar Beach Park Association that "grants the Flaherty's an easement to maintain that portion of the garage
that is shown on the aforesaid survey as encroaching upon Inlet Way." As a part of the proposed renovations, the
Applicants will remove a 3rd floor tower currently existing on the principal structure.
AMENDED INFORMATION: The Applicant applied to New York State: Department of State, Code Division
for relief fi.om the State required freeboard of two feet to be added to a building where the design flood elevation or
other elevation requirements are specified. On April 11, 2013, the applicant presented their case and received
variance relief as requested providing that the applicant install flood venting in the garage.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 2, 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 variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The existing principal building setbacks will remain, with no
significant alteration of these setbacks created by the proposed construction. The attached garage was conforming
when it was built, but actually became non-conforming under current Code due to changes in the Code relating to
how it is physically attached to the principal s~ucture. Whether attached or detached, a garage is a customary
accessory structure in a residential Zone. The detached garage will remain at its exact location without any
changes to the setbacks.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The principal structure has a pre-existing non-conforming
set back from the bulkhead, therefore the proposed construction requires variance relief. The proposed detached
garage will be located in its existing side yard area, not in a Code required area, and therefore requires a variance to
be detached fi.om the principal structure.
3. Town Law §267-b{3){b)(3). The variance granted herein for the 16 feet bulkhead setback for the existing
principal structure is mathematically substantial, representing +78% variance relief from the 75 feet required by
Code. However, this dwelling has a pre-existing nonconforming status, and furthermore, can not feasibly be
moved, or demolished and rebuilt in a Code conforming location. The variance granted for the garage in a side
yard location is 100% variance relief from the Code required rear yard or front yard location for waterfront
property. However, the detached garage will not be moved or enlarged, and will have basically the same footprint
as it did when attached to the principal structure.
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
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ZBA File#6583 - Flahcrty
CTM: 1000-92-1-8
applicant must comply with Chapter 236 of the Town's Storm Water Management Code and has shown the
necessary drywells on the updated survey.
5. Town Law §267-bO)(b)(5). The difficulty for the Applicant in regard to the proposed renovations to the
principal structure has not been self-created, but is due to the pre-existing building setbacks established when it was
originally constructed prior to Zoning Code. The difficulty for the Applicant in regard to the proposed detaching of
the garage has been self-created because the Applicant could conceivably choose to continue to keep the garage
attached to the single family dwelling.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate enable the
applicant to enjoy the benefit of alterations and additions to the principal structure, and the benefit of having an
accessory garage rather than an attached garage, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Dinizio, and duly
carried, to
GRANT, the variances as applied for, and shown on the survey drawn by Samuels & Steelman, Architects, dated
June 25, 2012, last revision dated Aug. 6, 2012 subject to the following conditions:
CONDITIONS
I There will be no kitchen bedrooms or livable space in the accessory garage
2 Bathroom fixtures in the garage will conform to those permitted by Town Code for an accessory structure
AMENDED RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Weisman, Chairperson
seconded by Member Goehringer, and duly carried, to
REMOVE THE ORIGINAL CONDITIONS AND GRANT, the variances as applied for, and shown on the
survey drawn by Samuels & Steelman, Architects, dated June 25, 2012, last revision dated Aug. 6, 2012
subject to the following condition:
CONDITION:
1. There will be no kitchen permitted in the accessory garage.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other 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.
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ZBA Fde#6583 - Flaherty
CTM' 1000-92-1~8
Vote of the Board: Ayes; Members Acting Chairperson Goehringer, Dinizio, Homing. Absent was' Chairperson Weisman and Member
Schneider. This Resolution was duly adopted (3-0),
AMENDED Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning. Member Dantes abstained
This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Chairperson
Approved for filing,~/o~' /2013
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
Eric Dantes
Gerard P. Goehringer
George Homing
Ken Schneider
May 16, 2013
http:Hsoutholdtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: Flaherty ZBA#6583 - Amended Decision
Dear Ms. Moore:
The Zoning Board is in receipt of the transcript for the hearing on Flaherty before the Department of
State, Code Division, Board of Review. The Zoning Board of Appeals voted at their Special Meeting on
May 16, 2013, to amend their original decision #6583 based on the relief granted by the Department of
State Board of Review in the hearing transcript of April 11, 2013 where that Board granted relief from
the code required two feet of freeboard and conditioned the existing attached garage by requiring the
installation of flood venting.
Since the existing garage will no longer be detached from the principal dwelling, as originally applied for,
the amended dec s on reflects approval for the elimination of the two original conditions imposed
requiring the removal of existing habitable space in the garage and the removal of the existing
tub/shower from the existing bathroom, as required by code for accessory structures.
Attached is a copy of the amended decision for your records, the original of which was filed with the
Town Clerk regarding the above variance application.
If you have any questions, please call the office.
Leslie Kanes Weisman, Chairperson
Zoning Board of Appeals
End.
Cc: Building Department
Samuels & Steelman, Architects
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STATE OF NEW YORK : DEPARTMENT OF STATE
CODES DIVISION
In the Matter of :
EILEEN AND VINCENT FLAHERTY :
PETITION NO. 2013-0122 :
S'l¥ ddV JO
HEARING in the above petition, held before
the SOUTHERN REGION BOARD OF REVIEW on April 11,
2013, at 10:25 A.M., at the Perry B. Duryea III State
Office Building, 250 Veterans Memorial Highway,
Hauppauge, New York, pursuant to Notice of Hearing
dated April 3, 2013, and before Judi Gallop, a
Notary Public of the State of New York.
BOARD MEMBERS
RICHARD MAGEE,
PEY-LIN NEE
JOTHY NARENDRAN
ROBERT PETERSON
Chairman
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ALSO PRESENT
COURTNEY NATION, Department of State
RICHARD SMITH, Department of State
FOR THE PETITIONER:
SAMUELS & STEELMAN, ARCHITECTS
25235 Main Road
Cutchogue, New York 11935
BY: THOMAS SAMUELS, Architect
EILEEN AND VINCENT FLAHERTY, Petitioners
10 West Street
New York, New York 10004
o0os
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[THE HEARING WAS CONVENED AT 10:25 A.M.]
MR. FLAGEE: Good morning. This is the April 11,
2013 meeting of the Southern Region Board of Review
held in the Perry B. Duryea, III State Office Building
in Hauppauge, New York. The time is 10:25 a.m., and
this hearing is officially open.
The members of the Board are Robert Peterson,
Pey-Lin Nee, Jothy Narendran, and I'm Richard Magee,
Chairman. From the Department of State are Courtney
Nation and Rick Smith.
We will now hear the scheduled petition. When
you speak, please address the Board and give your
name, title and legal address so that our court
reporter can have all the information requested.
We may have to stop from time to time to consult
with our technical staff. In making comments to the
Board, please provide a descriptive narrative on
matters referring to your exhibits to enable the court
reporter to enter them into the record.
This second matter is in the matter of Petition
Number 2013-0122. The petitioner is Eileen and
Vincent Flaherty. Public notice of the petition was
published in the April 3, 2013 edition of the New York
State Register.
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The nature of the grievance and relief sought,
the petition pertains to substantial alterations to an
existing one-family dwelling, two stories in height,
approximately 4,685 square feet in area, located at
470 Inlet Way Southold, Town of Southold, County of
Suffolk, State of New York.
relief from:
19NYCRR, Part
of New York State,
The petitioner is seeking
1220 of the 2010
Section AJ601.5,
Residential Code
which requires
that in flood hazard areas, alterations that
constitute substantial improvement shall require that
the building comply with R324 and Section R324.1.3.3,
which requires that a freeboard of two feet be added
where the design flood elevation or other elevation
requirements are specified.
The petitioner requests relief that no freeboard
be added where the design flood elevation requirements
are specified.
State your name and present your case.
MR. SAMUELS: My name is Thomas Samuels, and I'm
the architect of record, and this is Eileen Flaherty,
the owner.
Basically, what we are looking to do is
relatively significant renovations to an existing
house located in Soufhold, New York, on Little Peconic
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Bay.
We have a site plan in front of us today, which
indicates the FEMA flood lines, and I would like it to
be noted that it shows that flood line running through
an existing two-story accessory building. It's a
garage on the lower level with habitable spaces above,
linked by an open breezeway to a two-story -- actually
three-story residence, to be intended to be reduced to
for the express purpose of conforming to
two story,
Code.
Two linked structures.
like to point out,
garage structure.
The flood line, I would
runs through the middle of the
On the smaller portion of that
garage, you are in an AE 6 Zone. On the opposite side
of that line, including the main residence, you are in
an X Zone, the point being that an X Zone has no
minimum flood elevation height, but the portion of the
garage which is in the AE Zone, has an Elevation 6.
By FEMA, it would be eight, with the two foot of
additional freeboard. Only the garage, or only a
portion of the garage is in the flood zone, but
because it is linked by structure to the main
residence, by FEMA regulation, the entire house is
understood to be in the flood zone.
The first floor elevation, minimum elevation of
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the house is 6.3 feet above datum, which is, in other
words, conforming with FEMA, but not with the two foot
of additional freeboard. The house conforms to FEMA,
but not if it is linked to a structure which is
partially in the AE 6 Zone.
The lowest level of the garage, which of course
is nonhabitable, is 4.9 foot above datum. We would
intend to add flow-through vents to allow water to
come in and out of that structure, in any event.
A couple of approaches that we have taken to get
to this day. One was to attempt to do our renovation
project below the 50 percent threshold of market value
of the structure, which would exempt us from FEMA
regulation.
MR. RICHARD SMITH: Would not be a substantial
improvement.
MR. SAMUELS: Correct. Unfortunately, because of
the nature of the project, which includes, before the
Flahertys purchased the house, a third floor tower
structure, which was intended to be an open mezzanine,
the former owners enclosed that tower floor, making it
a third floor, which is nonconforming. Anything that
we do that requires a building permit at this point,
in the Town of $outhold, requires us to remove that
tower because it's nonconforming, and we intend to do
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that. But the space in the tower needs to be re-
created, so relatively extensive renovations need to
be done, plus the house formerly had an open porch
which was enclosed as living space. The structure of
that is questionable.
The house hadn't been substantially improved in
30 years. There are a lot of things that need to be
done, driving the construction costs into the
neighborhood of $500,000. We did an appraisal on the
house. It came out at $750,000, meaning that the
maximum amount of construction costs we are allowed to
expend on the house, under the threshold, would be
$375,000, but we need to spend more than that in order
to do the project. That was number one.
We attempted it from that perspective. Then we
thought, okay, well, we need to comply with FEMA. The
subsequent two foot additional freeboard required by
the State of New York, we got estimates to lift the
house, reconstruct the foundation and do the necessary
improvements to the upland around the house, so that
doors which now open nearly onto grade, or onto
terraces adjacent to grade, will also be graded, and
landscaped, and fill will be added to make the house
not to appear to be lifted, which we consider to be
required, because it now has a nice relationship to
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the ground.
In order to maintain that, we would need to do
this additional work, somewhere in the neighborhood --
we actually got estimates -- totaling $380,000, which
is a significant amount of money, and a hardship to
the owner at this point because our $500,000 budget is
pretty much where we need to be in order to make the
project feasible at all.
To add the $380,000 on top of it puts us into the
realm of impossibility in terms of budgeting. We
attempted to look at it from two different directions.
I'm here today to state, because the house itself,
technically by determination,
the flood zone, in fact, all
not in the flood area. That
the whole house is in
the habitable spaces are
is why we believe we have
a legitimate claim that the two foot of additional
freeboard is not going to accomplish its intention
because the house should not need to be, in our
opinion, raised in order to conform to that two foot
of additional freeboard.
MR. SMITH: In your exhibit that you sent, you
said the cost of raising it was a hundred thousand
dollars.
MR. SAMUELS: Yes. That was the actual cost
raising the house.
of
Since that time, we have also had
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further work done, and looked at underneath, at the
extent of the structure required, particular in the
porch areas, and discovered that, in fact, there are
still locust posts underneath there, and that really
needs to be -- if we are not going to raise the house,
we can leave them there and be actually okay.
If we are going to raise the house, we should put
in the -- so that puts us into the hundred twenty
thousand dollars. The sanitary system -- we were
informed by the Town, who has been willing to
grandfather the existing sanitary system. However, in
recent conversations with the Chief Building Inspector
of the Town of Southold, this would be threshold of
sending us back to the Suffolk County Department of
Health Services, which would add about a hundred
twenty thousand dollars for a new sanitary system, and
there is the cost of raising the terrain around, which
is a new one.
We did, in the original application, state that
it was about a hundred thousand dollars to raise it.
Now we think it's a hundred twenty, plus the other
factors.
MR.
percent.
SMITH: Even at that, it will be at over 20
It will be 25 percent, 30 percent of what
you want to spend on the work.
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MR.
MR.
to 380.
MR.
SAMUELS: Yes, it's over 50 percent.
SMITH: You jumped from 100, to 120,
to 140,
SAMUELS: That includes the landscaping. The
house did not flood during Sandy. There was
significant -- it was a huge mess, and some water was
in the garage, which is at four foot nine. Sandy came
up to -- I don't know the datum point it reached, but
the house at six-three did not flood. We feel that
after that catastrophic storm of hopefully a hundred
years, we hope not to see it again. We are looking at
a significant investment here, and feel that that is a
given the height of the house as it
safe investment,
stands.
MR. MAGEE:
A question for Rick. If the garage
was not attached to the house, would they be here?
MR. SMITH: Probably not.
MR. MAGEE: The attachment of the garage --
MR. SMITH: Remember, too, there is habitable
space above the garage.
MR. SAMUELS: I can add to this a little bit.
MR. SMITH: They have habitable space above the
garage so they would still be here.
MR. MAGEE: They would have had to address the
garage then, only.
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MR.
MR.
We said,
SMITH: Probably, yes.
SAMUELS: We understood that was a potential.
"What if we cut the thing and did nothing to
the second floor of the garage?" It's fine the way it
is. We don't need a building permit for it. The
Zoning Board of Appeals in the Town of Southold, we
went to them for relief, anyway, for reducing the
tower and building 75 feet of bulkhead. They granted
the request of separation, but they removed the
habitability over the garage.
They unilaterally decided, because of the
connection of the two structures, we have a C.O. for
the two-and-a-half bedrooms over the garage. As soon
as we, for the purposes of FEMA, requested a
separation of the two structures, they withdrew our
C.O. for those habitable spaces.
MR. PETERSON: It's not part of the principal
structure any more?
MR. S~2~UELS:
hardship.
MR. PETERSON:
two?
MR. SAMUELS: About 12 feet across. It has the
mechanical services going through, air conditioning.
MR. MAGEE: It shows remove principal link
That was considered a significant
What is the distance between the
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between principal and accessory structure.
MR. SAMUELS: That was prepared for that purpose.
We are here to ask for other reasons, but the site
plan was prepared for the other hearing. We would
like to go back to the Board of Appeals, modify that
note, and leave the two structures linked if we get
relief from you today.
MR. SMITH: The Zoning Board,
them about the three stories?
MR. SAMUELS:
MR. SMITH:
sprinkler system,
did you talk to
They were insistent that they do.
If they allowed it, and you put in a
the State would be okay. They were
the ones that denied you.
MR. SAMUELS: Our line of thinking did not
include a sprinkler system. They were insistent,
pretty much from the beginning, that that conformity,
especially since it was done --
SMITH: Without permit?
SAMUELS: Yes. They were like, "Make it go
MR.
MR.
away."
MR.
SMITH: If the Board did approve it, and you
are doing such massive renovations, if you put in a
13D sprinkler system, that would be fine.
MR. MAGEE: Would that have gotten them here?
MR. SMITH: Yes. You mean by keeping it?
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MR. MAGEE: A lot of the cost is removing that,
and renovation below that. If you didn't have to
remove that, put in a 13D system, you would be in
compliance with the State. You wouldn't be over that
50 percent renovation,
this, possibly.
MR. SMITH:
MR. PETERSON:
MR. SAMUELS:
and wouldn't have triggered all
And keep a pretty nifty space.
Zoning objected?
They did. They were not at all
happy with it because of the way it went down in
Southold. The former owner had a permit to build the
tower, but it was meant to be a mezzanine. When they
came back for the C.O., before the Flahertys purchased
it, and put in a floor, they made it look pretty bad.
When we went to the Zoning Board of Appeals, they
did not like the idea. They were happy to think that
we were going to reduce it to a two-story structure.
MR. SMITH: I'm just letting you know if you want
to put the sprinkler system in, and they allow you to
do it, I was at the
up there.
MR. SAMUELS:
there.
MR. MAGEE:
MR. SAMUELS:
site, and the view must be amazing
It is. There is no bathroom up
It would have kept you out of here.
It might have. We have a tangled
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path of regulatory approvals, especially given the
precise location of the flood line.
MR. MAGEE: Are there other houses along here?
MR. SAMUELS: Along the shoreline, this is its
own little peninsula.
MR. MAGEE: How did they make out?
MR. SAMUELS: Most of the shoreline that links
into the road, there is a little bluff, but there are
all kinds of problems in Southold. If you go out to
East Marion --
MAGEE:
MR.
area.
MR.
I'm talking about this particular
SMITH: It looked like it was left pretty
much intact.
MR. SAMUELS: There were not many problems on
Cedar Beach, which is the community.
MR. SMITH: The roads were not really torn up.
It sits pretty far inside of the Peconic Bay, and
there is a larger piece of peninsula that sticks out
into the bay, that is actually east of them. I don't
know if that had anything to do with it or not.
MR. SAMUELS: It protects them from the
northeast. They are facing south and west.
MR. MAGEE: You're not in this house that long.
How long are you in there?
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MS.
MR. MAGEE:
flooding issues?
MS. FLAHERTY:
MR. SAMUELS:
MR. PETERSON:
FLAHERTY: Eight years.
At that time, you had no other
No.
Sandy was the worst we saw.
Rich, I have a question for
Page 15
yOU.
Is there something in the Code regarding substantial
alteration?
MR. SMITH: I
MR. PETERSON:
for your client.
MR. SAMUELS: It's so awkward to have multiple
construction projects. Every year you have to do a
different project. It raises a lot of suspicion with
the Town. It's an awkward way to build and to live.
MR. PETERSON: It's not uncommon. It's a
suggestion.
MR. SMITH: It's also more expensive.
MR. MAGEE: We can rectify it by granting a
variance.
MR. PETERSON: There is a third zone that you
didn't mention, a velocity zone, Elevation 8.
MR. SAMUELS: That is
It
MR. PETERSON:
looks like
think one year period.
That is something that might work
out in front of --
That is out beyond the bulkhead?
it's 15, 16 feet away from the
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Page 16
structure.
MR. SAMUELS: It's on the edge of the bulkhead.
None of the structures are in that zone. The 8 Zone,
which would require all structures to have to be
above, that would be your floor elevation, would have
to go to 11 at that point.
MR.
at 10.
MR.
SMITH: The bottom of the
structure has to be
SAMUELS: To be honest, when
zones, and I work with them all the time,
you can put an X Zone next to a VE 8 Zone,
is really no separation other than a bulkhead.
MR. MAGEE: Any questions?
MR. PETERSON: Real quickly. The scope of the
work, it's a gut rehab?
MR. S~/MUELS: It will not be a demolition, by at
least Town Code, which is 25. We will probably be
leaving in excess of 50 percent of the structure.
It's largely gut in order to insure the proper amount
of insulation in the walls and proper electrical, and
everything else.
MR. PETERSON: You are leaving the frame and
everything else?
MR. SAMUELS: Yes.
[WHEREUPON THE BOARD WENT INTO DELIBERATIONS AT
I look at FEMA
I wonder how
and there
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1
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10:40 A.M. THE HEARING WAS RESUMED AT 11:08
A.M.]
MR. MAGEE: With respect to the petition of Tom
Samuels, representing Eileen and Vincent Flaherty,
Petition Number 2013-0122, the nature of the grievance
pertains to substantial alterations to an existing
one-family dwelling, two stories in height,
approximately 4,685 square feet in area, located at
470 Inlet Way, Southold, Town of Southold, County of
Suffolk, State of New York.
The petitioner is seeking relief from 19NYCRR,
Part 1220 of the 2010 Residential Code of New York
State, Section AJ601.5.
The Board makes the following findings:
1. That the building that is the subject of this
petition is properly classified as a one-family
dwelling of Type 5B construction, and currently three
stories in height, approximately 4,685 square feet in
gross area.
2. The dwelling is mostly constructed in a FEMA
designated X Zone, with approximately one-half of the
garage located in an AE Zone, with a base flood
elevation of 6 feet, NAVD 88.
3. The owner proposes to do alterations to the
dwelling which would constitute a substantial
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improvement. This includes
existing third story.
4. The petitioner has
removing the not illegally
stated that the lowest
foot
that
NAVD '88.
7.
finished floor in the main portion of the house is
located at 6.3 feet in elevation, meeting current FEMA
requirements without the freeboard.
5. Because this will constitute a substantial
improvement, Section AJ601.5 of the Residential Code
of New York State will require that the building
comply with Section R324.
6. Section 324.1.3.3 of the Residential Code of
New York State requires a freeboard of two feet above
the base flood elevation. Along with the required six
elevation, the two foot freeboard would require
the lowest floor elevation be set at eight feet
Building to the designated FEMA flood
elevation without adding the additional two feet of
freeboard does not normally disqualify a building from
obtaining flood insurance.
8. The petitioner has estimated the total cost
to satisfy the additional two feet of freeboard would
be approximately $140,000, not including landscaping,
and would create an excessive and unreasonable
economic burden. However, no cost estimates have been
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submitted with the variance application.
9. In testimony, the petitioner has stated that
the approximate cost of the proposed alteration is
$500,000. The $140,000 cost to raise the building
represents 28 percent of the alteration cost.
10. Section 324.2.2 of the Residential Code of
New York State would permit a garage to be located
below the design flood elevation with properly
designed and located flood vents.
With respect to 19NYCRR, Part 1220, Section
AJ601.5, the Board finds that strict compliance with
the provisions of the Uniform Fire Prevention and
Building Code would entail practical difficulties or
unnecessary hardship, and would create an excessive
and unreasonable economic burden, and the granting of
this variance will not substantially adverse affect
the Code's provisions for health, safety and security.
Wherefore, it's determined that the application
for a variance from the provisions of 19NYCRR, Part
1220, Residential Code of New York State, Section
AJ601.5 be and hereby proposed to be granted with the
following condition:
In all other respects, the alterations will be in
compliance with the Uniform Code. They propose to put
in flood venting.
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That
be installed. That is Number 2.
Based on these two conditions,
approve.
MS. NARENDRAN: So move.
the proposal for flood venting in the garage
I need a motion to
MR. NEE: Second.
MR. Nb%GEE: Ail in favor?
[WHEREUPON THE MOTION MADE AND SECONDED, WAS
VOTED UPON AND UNANIMOUSLY CARRIED.]
MR. SAMUELS: Thank you very much.
MR. MAGEE: The motion is approved.
Furthermore, it should be noted that the decision
of this Board is limited to the specific application
before it, and should not be interpreted to give
implied approval of any general plans or
specifications presented in support of this
application.
[WHEREUPON THIS HEARING WAS CLOSED AT 11:15 A.M.]
o0o
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STATE OF NEW YORK)
)
COUNTY OF SUFFOLK)
CERTIFICATION
ss:
I, JUDI GALLOP, a Notary Public in and for the
State of New York, do hereby certify:
THAT this is a true and accurate record of
the Hearing held before the Southern Region Board
of Review on April 11, 2013, in the matter of EILEEN
AND VINCENT FLAHERTY, Petition No. 2013-0122, as
reported by me and transcribed under my direction.
IN WITNESS WHEREOF, I have hereunto set my hand this
1st day of May, 2013.
JUDI GALLOP
MODERN SHORTHAND REPORTING AGENCY
(631) 421-1602
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 ~..~£?-~. 0r L].
Tel (631) 765-1809 · Fax (631) 765-9064 °"'~32_ _' ~ --/
D DETERMINATION ' ~E[~ !~! -]~.~.
FINDINGS, DELIBERATIONS AN ~~ ;~wn Clerk
MEETING OF SEPTEMBER 20, 2012
ZBA FILE: 6583
NAME OF APPLICANT: Vincent and Eileen Flaherty SCTM: 1000-92-1-8
PROPERTY LOCATION: 470 Inlet Way (adj. to Fairhaven Inlet, The lnlet and Little Peconic Bay), Southold, NY
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated July 17, 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 July 24, 2012. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The Applicants' property is an irregularly shaped 1.15 acre waterfront
parcel in the R-40 Zone. The northerly lot line measures +/- 410 feet adjacent to the ROW named Inlet Way, and
to the waters of Fairhaven Inlet. The easterly lot line measures +/- 173.58 feet, and is partly bulk headed adjacent
to Fairhaven Inlet. The southerly lot line measures +/- 441.17 feet, and has a wooden bulkhead along its entire
length adjacent to Little Peconic Bay. The westerly lot line measures 38.56 feet adjacent to a short extension of
Inlet Way. The property is improved with a single family dwelling, a semi-attached accessory garage, decks, and a
swimming pool with deck, as shown, with proposed alterations and additions, on the site plan survey drawn by
Samuels & Steelman, Architects, dated June 25, 2012, last revision dated Aug. 6, 2012.
BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article III Code
Section 280-15 based on an application for building permit and the Building Inspector's April 30, 2012 Notice of
Disapproval concerning permit to construction additions and alterations to a single family dwelling, at: 1 ) proposed
construction at less than the code required bulkhead setback of 75 feet, 2) upon construction accessory garage will
be located in other than the code required rear yard.
RELIEF REQUESTED: The Applicants request a variance to renovate the existing dwelling located at a 16.1 feet
setback from the bulkhead, whereas 75 feet is required by Town Code, and request another variance to locate an
accessory garage in a side yard, by removing a breeze way that currently attaches the structure to the principal
Page 2 of 3 September 20, 2012
ZBA File#6583 - Flaherty
CTM: 1000-92-1-8
structure, when Town Code requires accessory structures to be located in a rear yard area, or in the case of
waterfront property a front yard location, provided it meets the principal setback required in the zone district.
ADDITIONAL INFORMATION: The Applicant has obtained a Town Board of Trustees permit for the proposed
construction. The Trustees established a 15 foot non turf buffer adjacent to shoreline areas on the property.
The Applicant's existing single family dwelling was built prior to the Town's adoption of its Zoning Code, and has
a valid pre-existing CO. The garage currently has a valid CO as part of the principal dwelling, which becomes a
nullity once the garage is detached from the principal dwelling. More specifically, once the garage is detached
from the principle dwelling it becomes a non-conforming accessory structure, as opposed to being part of the
principal dwelling. The garage also contains habitable space on the second floor, which was permitted as part of
the principal dwelling when the garage was attached to the principal dwelling, but is not permitted in an accessory
garage once it becomes detached. The applicant's do not wish to apply for an accessory apartment in an accessory
building due to the fact this is not their primary residence. The Applicants have submitted a written agreement with
the Cedar Beach Park Association that "grants the Flaherty's an easement to maintain that portion of the garage
that is shown on the aforesaid survey as encroaching upon Inlet Way." As a part of the proposed renovations, the
Applicants will remove a 3r~ floor tower currently existing on the principal structure.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 2, 2012, at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property
and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
I. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The existing principal building setbacks will remain, with no
significant alteration of these setbacks created by the proposed construction. The attached garage was conforming
when it was built, but actually became non-conforming under current Code due to changes in the Code relating to
how it is physically attached to the principal structure. Whether attached or detached, a garage is a customary
accessory structure in a residential Zone. The detached garage will remain at its exact location without any
changes to the setbacks.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The principal structure has a pre-existing non-conforming
set back from the bulkhead, therefore the proposed construction requires variance relief. The proposed detached
garage will be located in its existing side yard area, not in a Code required area, and therefore requires a variance to
be detached from the principal structure.
3. Town Law §267-b(3)(b)(3). The variance granted herein for the 16 feet bulkhead setback for the existing
principal structure is mathematically substantial, representing +78% variance relief from the 75 feet required by
Code. However, this dwelling has a pre-existing nonconforming status, and furthermore, can not feasibly be
moved, or demolished and rebuilt in a Code conforming location. The variance granted for the garage in a side
yard location is 100% variance relief from the Code required rear yard or front yard location for waterfront
property. However, the detached garage will not be moved or enlarged, and will have basically the same footprint
as it did when attached to the principal structure.
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 must comply with Chapter 236 of the Town's Storm Water Management Code and has shown the
necessary drywells on the updated survey.
5. Town Law §267-b(3)(b)(5). The difficulty for the Applicant in regard to the proposed renovations to the
principal structure has not been self-created, but is due to the pre-existing building setbacks established when it was
Page 3 of 3 September 20, 2012
ZBA File#6583 - Flaherty
CTM: 1000-92-1-8
originally constructed prior to Zoning Code. The difficulty for the Applicant in regard to the proposed detaching of
the garage has been self-created because the Applicant could conceivably choose to continue to keep the garage
attached to the single family dwelling.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate enable the
applicant to enjoy the benefit of alterations and additions to the principal structure, and the benefit of having an
accessory garage rather than an attached garage, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Dinizio, and duly
carried, to
GRANT, the variances as applied for, and shown on the survey drawn by Samuels & Steelman, Architects, dated
June 25, 2012, last revision dated Aug. 6, 2012.
CONDITIONS: 1. There will be no kitchen, bedrooms or livable space in the accessory garage.
2. Bathroom fixtures in the garage will conform to those permitted by Town Code for an accessory structure.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays
and/or a possible denial by the Building Department of a building permit, and may require a new application and
public hearing before the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Vote of the Board Ayes: Members Acting Chairperson Goehringer, Dim2io, Horning Absent was Chairperson Weisman and Member
Schneider ThisResolutionwaxdulyadopted(3-O)
S A M U E L
S T E E L M
August 6, 2012
Southold Zoning Board of Appeals
Town Hall Annex
Main Road
Southold, NY 11971
Re: FLAHERTY APPEAL
Attn: Leslie Weisman
S &
A N
RECEIVED
AUG o
BOARD OF APP[A~
Attached please find nine (9) stamped SITE PLANS revised per your request at last
weeks public hearing. It shows the drywells relocated out of the Flood Zone, and an
additional drywell for backwashing the existing swimming pool.
Please let me or Pat Moore know if there are other issues needing to be addressed prior
to your decision.
Thank you,
Thomas C. Samuels
Architect
cc. Pat Moore
2~2 /; MAIN ROAD
CUI(II()(;UI NIWYORK
t:XI~TIN~ C, OVF:P-,A~F=
~ITE AF~JEA LANDI~IA~ Ot= TIDAL ~T~ANP~: 4~, ~O~ Gl SITE DATA
SCTM ~ 1000.92-0t -08
ADDRESS Southold, NY 11971
.. OWNER: Elleen and Vincent J. Flahe~
~ISTI~ ~ ~, ~ ~, O.1~ ~ L~ ~O~E . 10 West St., New York, NY 10004
~ ~ x ~1~ x ~PAGT~ SITE. 50,094sf=l.15acms
~I~TI~ ~A~ ~, e~ ~, I.~ ~ L~ ~E BY MARK McDONALD GEOSClENCE ~ ,~e~ ~ (~2 ~J x I.O ~ ~e ~. ~. ZONING: RESIDENTIAL ~ (R~0)
NO SCALE SOUTHOLD, NEW YORK 11971 ~, ~) e DI~ x 4' HI~ POOL SURVEYOR: PECONIC SURVEYORS, P.C.
~FT. J MIXED SAND LOAM. G~VEL ~1~ ~I~D 1230 T~VELER STREET
SOUTHOLD, N.Y. 11971
(631) 765-5020 FAX (631) 765-1797
~ISTI~ D~ ~ e~E, 2~2 ~F, 4.8 ~ LOT ~ g FTJ WATER IN M~ED SAND D~INAGE CALCU~TIONS FOR AREA OF NEW DRIVEWAY DW-B LICENSE ~ 49618
56FT, JC~YEYSAND SC '- =~ (~l=~J x ID - ~GU.~. MAY 3, 2011(TIDAL WET~NDS LOCA~ON)
I WATER IN DROWN
P~OPO~ED COVE~A~F . ~OM~ENTS: WATER ENCOUNTERED4'
51~ A~A LAND~A~ OF TIDAL ~TLAND5: 4q, &O2 DI BELOWSURFACE
DRI~ ~OIN~ lNG. ON APRIL 26, 2Oll
AL~G MEAN
ENVI~NHENT~ CONSULTINg,
INC. ON APRIL 2~, 20, EXISTIN~
UTILf~ pOL~%
EXIS~N8
'%~ ~¢~ OF FLOOD ZONE
<l~trh ~
UTILI~ POLE
RUNOFF
~O~HEAn - ' / EXIS~NG ~MovE EXleTIN~ ~o~
' ~RE~~ :::: ~RRACE ~ET~N ~INCIPAL ~
NBS'OO'O~O"E 90.00'
· . __ NEW DRY J, flELL FO~ POOL
, ~ ?.':':';':';' .'.'.
~ ~ ~ ~ E L o R ~DITION ..... "*" ,.. ......
.
' ' : , :
..... "'?'>
FLOOD ZO~ ~ ...,. ,. ,.,..-.
...... >>:,:.:.:,,.-..,
~ DRY~LL~
~ EXIS~NG
~1~ ~tN DECK
~ ~NOF~ FLOo~ ZONE
APP~
LOCATION OF
SANITARY
LITTLEPECONIC DA Y * ~,LT ~.N~. =U~rN~
SITE PLAN
J MAP
OF TIDAL ~TLAND5 A5 DELINEATED ~REVIEWED BY ZBA ,J
SCALE: 1" = 20'-0" BY 5UFFOLK ENVIRONHENTAL CONSULTINg, JSEE
REGULATORY APPROVALS
SHEET TITLE:
SITE PLAN
SHEET NO,:
1
X ../.,~ 54375 State Route 25
x//(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
$outhold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
~OAP. D OF APPEALS
MEMORANDUM
To:
Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry,
Principal Planner
LWRP Coordinator
Date: July 24, 2012
Re:
Coastal Consistency Review for ZBA File Ref. VINCENT and EILEEN FLAHERTY #6583
SCTM#1000-92-1-8
A Board of Trustees permit (7640) has been issued for the action on September 21,2011. A site
inspection was conducted on July 24, 2012.
VINCENT and EILEEN FLAHERTY #6583 - Request for Variances from Article XXII Code Section
280-116 and Article III Code Section 280-15 based on an application for building permit and the
Building Inspector's April 30, 2012 Notice of Disapproval concerning permit to construction additions
and alterations to a single family dwelling, at: 1) proposed construction at less than the code required
bulkhead setback of 75 feet, 2) upon construction accessory garage will be located in other than the
code required rear yard, located at: 470 Inlet Way (adj. to Fairhaven Inlet, The Inlet and Little Peconic
Bay) Southold, NY. SCTM#1000-92-1-8
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 policy standards and therefore CONSISTENT with the LWRP.
Note that the Board of Trustees established a 15' wide buffer area and required the
"maintenance of existinq vegetation landward of the bulkhead" under Permit 6469 issued in
October, 2006. A map in the file titled "Proposed Conditions" prepared by Peconic Surveyors
(2006) shows a 15' non-turf buffer. It is recommended that the buffer and existin.q vegetation be
added to the current survey and included as ve.qetated buffers.
Figure 1. Subject property showing existing vegetation (2012).
LtT~LE PECONIC
PROPOSED CONDITIONS
Figure 2. Board of Trustees approved map (2006)
Additional Recommendations:
1. Verify if an existing drywell is available for pool dewatering or if a proposed drywell will be used
for that purpose.
2. Clarify the location of the water line to the proposed drywell locations. Further relocate the
drywells out of the AE El 6 Flood Zone.
3. Notations on the 2006 surveys include an area in the south of the parcel that is noted "to be
conveyed". It is unclear what the intent of the notation is. It is recommended that it be clarified.
4. Due to the environmental sensitivity of the parcel and water body - it is recommended that the
Board consider prohibiting the application of fertilizer, herbicide and pesticide on the lawn area.
5. The accessory building encroaches into a private road (Inlet Way). A variance may be required
for the structure.
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
I was out to all sites yesterday. Other than increasing the width of the buffers, prohibiting the
application of fertilizers, herbicides and pesticides on Flaher~y -they had a really green lawn in
sod.., there is not much in water quality protection we~"~n do. The storm water controls are
sufficient; however, I was concerned about locating a drywell (north of residence) in Flood Zone AE
6. I recommend that the one dry well be located outside of this flood zone if possible. I could not
pick up the water line on the survey in relation to the drywells. The BOT should clarify this.
As I discussed in the review the BOT created a 15' buffer in the east of the property against the
bulkhead, but I recommend that due to the sensitivity of the parcel/area that the buffer is expanded
to include all vegetated areas that occur to the north and south (basically all vegetation adjacent to
the water bodies).
The increase in buffer sizes reduces the areas in lawn, hence irrigation application of fertilizers,
herbicides or pesticides. It also provides nutrient filtration (depending on density and composition
of plants) and bacteria containment.
~ the BOT originally created a 15' buffer but then reduced it to 10' in the final permit (I
agent and they did not know why). The property is proposed to be filled and the house
elevated to flood zone requirements. A concern is how the fill will affect the adjacent property to
the northeast. A wall is noted with 5.9' elevation but the Board should have their engineer verify
that all storm water will be contained on-site.
Storm water controls are proposed. The property has enough room for a 15' buffer, however, in
this instance I took in consideration the vegetation that they were proposing so I did not
recommend an increase. Due to the environmental sensitivity of the creek and extreme Iow depth
to groundwater the prohibition of fertilizers, herbicides and pesticides in the lawn area would also
further the LWRP policies, but I wanted to discuss with that with Leslie before I proposed the BMP.
The other way to go rather than prohibit the application of fertilizers is for homeowners to use no
more than 1 lb N/1000 sq. ft. per year. This BMP will be in the comp plan. Has the ZBA placed
such restrictions on sensitive properties in the past?
I had no large concerns other than storm water control on Brewers. I found a small catch basin
that discharged through the bulkhead and already let Mich--.
Mark Terry
Principal Planner
LWRP Coordinator
Town of Southold Planning Department
P.O. Box 1179
53095 Main Road
Southold, New York 11971
(631) 765-1938
Mark.TerryC,,town. south old. ny. u s
COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
Joanne Minieri
Deputy County Executive and Commissioner
July 17, 2012
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman, Chair
Dear Ms. Weisman:
Division of Planning
and Environment
Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impacts. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Brewer Yacht Yard ~ Greenport Inc.
McCarthy, Christopher
Flaherty, Eileen & Vincent
McDonough (Colleen) & Hooke (Helen)
Gaylord, Murray
6581
6582
6583
6584
6585
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
Senior Planner
TRK:ds
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
To:
Tom Samuels for
E & V Flaherty
25235 Main Rd.
Cutchogue, NY 11935
FORM NO. 3
NOTICE OF DISAPPROVAl,
BOARD OF APPEALS
DATE: April 30, 2012
Please take notice that your application dated April 26, 2012
For additions & alterations to a single family dwelling at
Location of property 470 Inlet Way, Southold, NY
County Tax Map No. 1000 - Section 92 Block 1 Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed construction 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 site plan indicates the construction is at 16.08' from the bulkhead.
In addition the proposed removal of the roof between the dwelling & garage is not
permitted pursuant to Section 280-15 which states:
"In the AC & ...Districts, accessory buildings...shall be located in the required rear
yard,.. ?'
Upon construction, the garage will be located in the side.
Authorized Signature
Note: The existing garage contains living space above with a C.O.
RECEIVED
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No. 470 Street_Inlet Way Hamlet Southold
SCTM 1000 Section_92 Block ~1 Lot(s). 8 Lot Size 1.163 acres Zone R-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED April 26, 2012_ BASED ON MAP site plan prepared by Samuels & Steelman dated
4/26/2012
Applicant(s)/Owner(s):. Eileen & Vincent J. Flahert¥
Mailing Address: 470 Inlet Way, Southold Telephone: c/o Pat Moore 765-4330 Fax #:
765-4663 Email: pcmoore~mooreattys.com
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder.
Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other:
Agents Address: 51020 Main Road, Southold NY 11971
Telephone 765-4330 Fax #: 765-4643 Email:_pcmoore(~mooreattvs.com
Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or
Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/22/12 and
DENIED AN APPLICATION DATED4/26/12 FOR: E Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[]Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
1. Article XXI1 Section 280-116 (B) setback from bulkhead 16.08
2. 280-15 Removal of breeze way (roof) between house & garage is not permitted(garage in a side
yard)
Type of Appeal. An Appeal is made for:
~ A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
~3 Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal, X has NOT been made at any time with respect to this property,
UNDER N~NE(Pleasebesuret~researchbef~rec~mp~etingthisquesti~n~rc~ur~f~cef~rassist~nce~)
C.O. on record: 28112 12/12/01 addition and alteration to an existing dwelling
25655 4/17/98 enclose an existing unheated porch with glass & screens
12033 11/2/83 alterations and repairs
12034 11/2/83 addition to an existing one family dwelling
14163 1/16/86 inground pool & deck addition
7087 6/17/78 private one family dwelling (summer occupancy
Name of Owner: E & V Flaherty ZBA File #
REASONS FOR APPEAL (additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
RECEIVED
JUL 0 2 ?0~?
BOARD OF APPEALS
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment
to nearby properties if granted, because: The Flaherty family purchased the property in 2004, the house
has had multiple alterations and additions throughout the years as is evidenced by the C.O's. The existing
house is a three story residence. The third floor was altered with flooring after the CO was issued and made
into third floor habitable space loft. The applicants wish to remove the third floor and make the house
conforming to the heigh regulations and occupancy requirements. This would eliminate a nonconforming
third floor.
The house is Lot number 92, part of lots 93, 94 and 95 of"Map of Cedar Beach Park" filed in the Suffolk
County Clerk on December 20, 1927 as map #90. The property pre-dates zoning and the house is
surrounded by wood bulkhead on three sides and Fairhaven Inlet. Cedar Beach Park has been fully
developed and the proposed improvements to the house would make the house more conforming to the
character of the neighborhood. The proposed renovation is intended to improve the architectural style of
the existing house and will be made to conform to the character of the neighborhood and the Town of
Southold. The existing structure has little curb appeal.
(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:
Flood Zone issues:
The house was constructed prior to FEMA regulations. The house is in flood zone X (out of flood zone) but
the attached legal two story garage is in the flood zone and does not comply with FEMA. When the flood
zone bisects a structure, the entire structure is placed in the more restrictive flood zone. Therefore, the
house which is physically out of the flood zone must comply with the AE6 flood zone. Consequently the
owner is faced with the following options:
1) disconnect the breeze way which would make the existing two story garage nonconforming, in the side
ya rd with pre-existing habitable space in the accessory structure. The applicant does not want an accessory
apartment, the garage provides additional living space for the house with a bedroom, family room and
bathroom. Alternatively,
2) make significant alterations to the dwelling, in excess of their budget, and destroy the magnificent
landscaping (stone patio, walls and the pool) which is a show piece & model on the Landscaper's advertising
in Suffolk Times.
3) limit the improvements to the existing house, which would take out of their budget removing the third
floor space which is presently nonconforming. The renovations which must be made include the windows
which must be replaced, the siding is damaged, the third floor room is architecturally not desired, and
because the third floor space is removed results in the roof being replaced. The enclosed porch was not
constructed properly. The work necessary to repair the exisfing structure will exceed the FEMA limit. The
proposed alterations will result in excess of $375,000 because of the construction methods used by prior
owners.
4) Another alternative explored to maintain the breezeway connection between the existing garage and
renovated house, was to pursue a ZBA variance from chapter 145 to the existing garage, however, a State
Variance would also be required. In researching this option with the State, I was advised that a Flood Zone
variance could adversely affect the owner's ability to obtain Federally insured flood insurance. This option
could affect the marketability of the property because flood insurance becomes more difficult to obtain.
In conclusion, the benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance for the existing two story garage with living space on the
second floor in a side yard,
(3) The amount of relief requested is not substantial because: The house and garage are pre-existing
nonconforming with legal certificates of occupancy. The existing setbacks to the bulkhead are retained.
The only addition is on the north side, inlet side, of the house, with a proposed porch roof at less than the
existing setback to the bulkhead. In order to limit disturbance to the existing patio and pool area, the
renovation of the existing house along the bulkhead is within the existing established setbacks.
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
The property has been restored with natural, indigenous vegetation, and most of the property remains
undisturbed. The owner wishes to make improvements to the existing house which will make the house
more conforming (third floor eliminated) and structurally improved.
(5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No the existing house was pre-existing
nonconforming as to set backs. The Flood Zone was not an issue when the garage was constructed. The
flood zone changed after the house and garage were constructed and previously renovated.
Are there Covenants and Restrictions concerning this land: X Noneapplicable. Yes ~lease furnish copy).
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF .4 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sure.t~ eons~i~ 'y~o-ur~orney.)
Sworn to before me thisc~Lt ~
day,~ -~oh~ ,20 kEL~ //
Notary Public, St~ ~
No. 01PE6130~6
Qualified ',n S~olk Could ~ j -
Commission ~pires July 18,~ ~
Signature of Appellant or Authorized Agent
{Agent must submit written Authorization from Owner)
RECEIVED
JUL 0 2
BOARD OF APPEALS
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Vincent & Eileen Flahertv_
Date Prepared: June 26, 2012
I. For Demolition of Existing Bnilding Areas
RECEIVED
JUL 0 2 2012
BOARD OF APPEALS
Please describe areas being removed: third floor and existing breezeway- roof alteration
required to disconnect breezeway and thrid floor
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension- 11'-4' roof porch, 7'-6" foyer & 2'10" to dining room
Dimensions of new second floor- 11'-3" x 13'-8" addition to second floor plan (area of
disconnected roof to garage) & master bedroom addition over existing footprint
Dimensions of floor above second level: remove third floor tower (has e.o)
Height (from finished ground to top of ridge): 27' 2"
Is basement or lowest floor area being constructed- no change
If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes ) See Drawings by
Samuels & Steeleman dated 6/25/12
(attach extra sheet if necessary) -
Number of Floors and General Characteristics BEFORE Alterations: existing two story house
with tower and breezeway connectim, ~,arage to house
Number of Floors and Changes WITH Alterations: remove tower & disconnect ~,ara~,e from
house to comply with FEMA
IV. Calculations of building areas and lot coverage (from surveyor):
Existing: Proposed:
House: 1,840 SF 1.954 SF
Garage: 835 SF 835 SF
Pool: 647 SF 647 SF
Decks: 2,362 SF 2,362SF
Proposed increase of building coverage:_ll4 sq.fl..
Square footage of your lot: 49,602 SF
Pementage of coverage of your lot by building area: 13.7%
V. Purpose of New Construction Requested: renovation of existing house
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): flat
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction), or photos of existing building area to be altered with yard
view. 7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
Yes ./~ No
Are there any proposals to change or alter land contours?
)(- No Yes please explain on attached sheet.
RECEIVED
JUL O~ 2012
BOARD 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 the property bulk headed between the wetlands area and the upland building
area? "/~' ~
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? }/4' r, Please confirm status
of your inquiry or application with the Trustees: ~tt..-~, - ~ -
and if issued, please attach copies of permit with conditions and approved survey.
Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? /Vo
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? A/~ 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? /,~o .If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel?
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel ~'~
.(~5ct5. Z9-44 ~,./~' and the proposed use /7~y/'A~r?~xJ ~
~t~(.~/tT~r~ 12~IA~e ~(~ . (ex: existingsingle family, proposed: same with
garage, pool or 01her)
Au~u orized signature and Date
PROJECT ID NUMBER
PART 1 - PROJECT INFORMATION
SPO.SOR
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be completed by Applicanl or Project Sponsor)
2. PROJECT NAME
3,PROJECT LOCATION:
4. PRECISE LOCATION: Street Addess and Road Intersections
SEQR
Prominenl landmarks etc -or prOVide mad
6. DESCRIBE PROJECT BRIEFLY;
7. AMOUNT OF LAND AFFECTED:
RECEIVED
JUL 02 20f2
BOARD OF APPEAl
Initia~ / acres Ultimately / acres
8. WILL PRO~O ACTION COMPLY VVITH EXISTING ZO~IING OR OTHER RESTRICTIONS?
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose asmany as apply.)
~Residenllal E]lfldustdal E]commerclal E~AgriCUlture E] Park l Forest l Ober~ Space
E~ O~er (describe)
IO. DOES ACTION INVOLVE A PERMIT APPROVAl., OR FUNDING. NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL
AGENCY (Federal, State or Local)
11~_~E.~NV ASPECT OF THE ACTION HAVE A CURRENTLY VAiJD PERMIT OR vAPPROVAL?
L..~es r~No II yes, list agency name and permit /appmval;
CERTIFY THAT ATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART ri--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
~ W~L~,ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLfSTF_D ACTIONS IN 6 NYCRR PA~qT6 7E~ If NC.a negahve Ceclara[~or
D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC<: THAT CAUSED THE ESTABUEHMENT OF A CEA?
E IS THERE, OR IS THERE L~KELY TO CaE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
~ Ye~ [] NO It Yes, explain Drielly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each at,verse eflect identified above, determine whether it i~ substantial, large, important or otherwise s~gnificant.
Each effect shoulci be assessec~ in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration;
~rreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail 1o show that all relevant adverse impacts have been identifiecl and adequately at, dresseD. If
question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed actiop
on the enwronmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially, large or significant adverse inflS?CtS which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above anct any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this cletermination:
Date
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
RECEIVED
JUL 0'2 ?0~2
BOARD OF APPEAL$
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural district. ~Ill applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) NameofApplicant:'~?t~T~_t¢ ~ ~ C~
2) AddressofApplicant: ~ c'~.~ ~_~ '~4~,t~tt) i9.O_0,~ ,.~3~'?~LA2~ k?[ 1~
3) NmeofLand Owner(ifotherth~ applic~t): ~X ~CC~ a ~( tffe~ ~1~
4) Ad~essofLandOwner: ~ ~ ~, ~ ~$~ . ~ ~ ~ t 000~ _ t
5) Description of Proposed Project: fE~$~ ~ ~ ~ ~ ~t~,~ ~ (e~a~e ~a ~
6) L~catio~fPrope~y (road a~[ax m~ number): Hq ~ X a ~ ¢ ~a ~ ~ $'~ ~ o~ d - ~ ~
7) Is the p~cel within an agricultural district? ~No ~Yes If yes, Aghcultuml Disthct Number
8) Is this parcel actively farmed?'~No [~]Yes
9) Name and address of any o~vnerts) '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 viewmg the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
3. /)xJ J f~]
4.
(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 Planning Board at
· 765~~~,~Board~of Appeals at 765-1809.
"~tureofApplicant (~ /~--~/Date /9
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6h
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 of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the aplSlicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be a~ted upon by the board.
1-14-09
APPLICANT
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
Thc Town of Southold's Code of Ethics prohibits contlicts of interest on the part of Town otllcers and employees. The
purpose of this lbrm is to provide inlbrmation~ which can alert the Town of possible contlicts of interest and allow it to
take whatever action is necessary to avoid same.
YOUR NAME: Patricia C. Moore Esq.__and Eileen & Vincent Flaherty
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance
Variance X
Special Exception
If"Other",
name the activity:
Change of Zone
Approval of Plat
Exemption from Plat
or Official Map
Other Trustees (approved)
RECEIVED
JUL 0 g 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 fown 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 ~nore than 5% of the
shares.
YES NO X
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee, Either check the
appropriate line A through D (below) and/or describe the relationship in thc space provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply):
A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation):
__ B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant: or
__ D) the actual applicant.
DESCRIPTION OF REI,ATIONSHIP
Submitted this Z(J~ day ot~----~2 ~ ~ ~
Signature:__ ~'~'~'~'~'~"~ ~
Patricia C. Moore~.._._~"-.~~'~'---''''~ /
Print Name:
Eileen Flaher~y ~, ~ ~
Vincent Flaherty r~/ ~_~--~ ~
LWRP CONSISTENCY ASSESSMENT FORM
RECEIVED
JUL 0 2 2012
A. INSTRUCTIONS
BOARD OF APPEALS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actioos that are subject to the Town of Southold Waterfront Consistency Review Law.
This assessment is intended to supplement other information used by a Town of Southold agency
in making a determination of consistency. *Except minor exempt actions including
Building Permits and other ministerial permits not located within the
Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold
Local Waterfront Revitalization Program. A proposed action will be evaluated as to its
significant beneficial and adverse effects upon the coastal area (which includes all of Southold
Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect
the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior
to making a determination that it is consistent to the maximum extent practicable with
the LWRP policy standards and conditions. If an action cannot be certified
as consistent with the LWRP policy standards and conditions, it shall not be
undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 1000-92-1-8 OWNER: Eileen & Vincent Flaherty
470 Inlet Way, Southold
AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971
The Application has been submitted to (check appropriate response):
Town Board Planning Dept. Building Dept. Board of Trustees
Zoning Board of Appeals X
1. 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: X Variance
Nature and extent of action: Owner wishes to renovate existing structure
Location of action: 470 Inlet Way, Southold
Site acreage:49, 602 sq.ft.
Present land use: existing house
Present zoning classification: r-40
If an application for the proposed action has been filed with the Town of
Southold agency, the following information shall be provided:
(a) Name of applicant: Eileen & Vincent Flaherty
(b) Mailing address: 10 West Street, NY, NY 10004
(c) Telephone number: Area Code (631) 765-4330 (Pat Moore)
(d) Application number, if any:
~ RECEIVED ,:
JUL 0 2 2~2
BOARD OF APPEALS
Will the action be directly undertaken, require funding, or approval by a
state or federal agency?
Yes X No If yes, which state or federal agency:
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community
character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a
coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies;
Page 2 for evaluation criteria.
X Yes No Not Applicable
house is preexisting nonconforming. The tower {third floor) will be removed and the
breezeway will be removed to conform to FEMA- House is in Flood Zone X and ~,arage is
in flood zone AE6
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 X Not Applicable
land is not identified as area of Archeological Sensitivity or on the National Register on
Map produced by NYS Dept. Of State, Division of Coastal Resources
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
X Yes No Not Applicable
Lands adjacent to Little Peconic Bay protected for both visual, economically productive
and recreational resource. The existing house will be renovated. Drainage will be provided
which prevents non-point source pollution, prevents flooding and erosion.
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 fbr evaluation criteria
X Yes No Not Applicable
No effect on flooding or erosion.
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 X Not Applicable
all construction will conform to regulatory standards, there is public water in Cedar Beach
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 Ll~[R~F$1exd~ III -
Policies; Pages 22 through 32 for evaluation criteria.
JUL 0 2 2012
X Yes No Not Applicable
renovations to house will not adversely impact ecosystem.
BOARD OF APPEALS
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 X Not Applicable
Air quality will not be affected by residential use. Standard building codes compliance
prohibit degradation of air quality or emissions.
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.
X Yes No Not Applicable
Solid waste is controlled through town-wide recycling, no hazardous substances proposed
at site.
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use off 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 XNo ' Not Applicable
The parcel is private ownership
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 X Not Applicable
Residential use of property on establish lot will not adversely impact coastline.
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 XNot Applicable, property is protected from encroachment into wetlands by
existing bulkhead, new entranceway within existing driveway area
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies;
Pages 62 through 65 for evaluation criteria.
Yes No X Not Applicable
Area has not developed for agriculture.
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 X Not Applicable
Single family residential home is deemed by the Town of Southold as an appropriate
permitted use with no significant drain on existing energy and mineral resources
*copy of Town form created on 5/25/05
JUL 0 2 ??
BOARD OF APPEALS
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
Attn: Vicki
Zoning Board of Appeals
Town of Southold
Main Road
Southold NY 11971
June 29,
RECEIVED
JUL 0 20 7~¢!2
BOARD OF APPEALS
RE: FI~%HERTY; 470 INLET WAY, SOUTHOLD
SCTM: 1000-92-1-8
Dear Chairman Weisman and Board members:
With reference to above, enclosed please find an original and 8 sets of
the following:
1. Notice of Disapproval dated April 30, 2012
2. Application for Variance together with Trustees & DEC
3. Project Description
4. Questionnaire
5. AG Data form
6. Short EAF form
7. Owner's consent
8. Transactional Disclosure for all
9. LWRP form
10. Photos
11. Survey and elevation certificate
12. Building plans
13. Town property Cards
14. My clients check representing the filing fee.
Please place this matter on your next available ~,~lendar. Thank you and
please do not hesitate to call should you have any/u~stions.
/ /
Vpi~ M~OOT~
ly yours,
encls.
C: Mr. & Mrs. Vincent Flaherty J
FORM NO. 4
TOW~ O~ SOOTHOLD RECEIVED "~
BUILDIN(~ DEPA/~TMENT
Office of the Euilding Inspector
Town ttall
Southold, N. Y
· CERTIFICATE OF OCCUPANCY
BOARD OF APPEALS
No: Z-28112
12/12/01
THIS um~fl~,g~ th,t the]maild/xl~ ADDITION &ALTERATION
Lo~ation of Property: 470 INLET WAY SOUTHOLD
(HOUSE NO.) (STREET)
CO-"--"-~'TAx~NO. 473889 Section 92 ~lo~k i ~t S
~si~ Fil~ ~. ~t ~.
co~o~ s~st~tially to ~he ~plication for Buildi~ Pe~t heretofore
f~l~ ~ this offi~ ~t~ S~ 30~ 1999 ~""~ tO
~ ~t ~. 27232-Z ~t~ ' ~RIL 12~ 2001
wa~ issued, ~ confo~s to all of ~he r~ire~nts of
provisions of ~hm law. ~m occ~cy for w~ch this ce~ifica=e is issued
~s ~DITION ~ ~%~TI~ ~ ~ ~I~I~ O~ F~ILY D~I~ ~ ~PLIED
FOR.
~ certificate is issued ~o WORTH E~T~KPRISES ~NC.
(OWNER)
of the aforesaid building. ~
uu~OLKCO~liTYD~PAI~I~TOP~AP~O%rAL
~m~DZHO 12/~1/0~
KeY, 1/81
N/A
Authorized/ignature
FORM NO. 4
TOWN OF SOUTHOLD ~
BUILDING DEPARTMENT
Office of the Building Inspector RECEIVED i~
Town Hall
soutnold, N.Y. JUL ~)2 2D~2
CERTIFICATE OF OCCUPANCY
BOARD OF APPEALS
No: Z-25655
Date: 04/17/98
THIS CERTIFIES that the building ALTERATION
Location of Property: 470 INLET WAY SOUTHOLD
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 92 Block i Lot 8
Subdivision Filed Map No. __ Lot No. __
conforms substantially to the Application for Building Permit heretofore
filed in this office dated NOVEMBER 25, 1997 pursuant to which
Building Permit NO. 24581-Z dated DECEMBER 30, 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 AN EXISTING UNHEATED PORCH WITH GLASS & SCREENS TO AN EXISTING
SEASONAL DWELLING AS APPLIED FOR TO CODE "AS BUILT"
The certificate is issued to ANTHONY & MARIE VITALE
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. H059390 04/08/98
PLUMBERS CERTIFICATION DATED N/A
Buildi~pec or
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
Office of the Building Inspector
Town Hall ~' RECEIVED
Southold, N.Y.
Certificate Of Occupancy.
JUL. 0 2 2012
BOARD OF APPEALS
No, Zi2033 Date November 2
· - ................................~9 85
THIS CERTIFIES that the building . JLTaT]~R.MP_~ON. &..FZRE .t~F..PKZR ..................
Loc,tion of Property ....:~,..~ .¥.~...0..F.~..~g..~.,~.. SEa. OH VA.~ 80CI~OL~
uou~ No. ''" 'S'r/e; i ............................
County Tax Map No. 1000 Section ...0c)2 ...... Block .. O'1 .......... Lot ..... 008 .... '... T'
Subdivision. Ce, dar. ~Beacb, .Pax'lc .......... Filed Map No. Gc)o .... Lot No .... .c)~_9.~ ...
conforms substantially to the Application for Building Permit heretofore Fried in this office dated
·.. 12La~/1.5 ........... , 19 ~(~ pursuant to which Building Permit No. -~0~88Z .............
dated ..... l~,c3y. 2~. ............... 19~0. , 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 .........
· · · Fo~ -a l~ce~a t &on. &..Re~a-~.~ ........................................
The certificate is issued to . ~)R, · C~eRL- ~O: .....................................
~owner, Ieee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval ... ?./..A ............ ~ ', .... . ....
UNDERWRITERS CERTIFICATE NO...N.q'.9?:c) .69.
Building Inspector
Rev. 1181
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Cerlificale Of Occupancy.
/
RECEIVED
JUL 0 2 201~
BOARD OF APPEALS
No. Z14163 .
January
Date ................ 1.6 1986
THIS CERTIFIES that the buildh~g Pool & D.e. ck Addition
Location of Property 1775~ Cedar Dr. East
~& Wo: ' . . . S.outnold
County Tax Map No. 1000 Section 092 01 .Hamlet
............ Block --, 008
Subdivision. Cedar Beach Park
....................... Filed Map No. 2752 - - .92 & 93
........ ~-o[ No .............
conforms substantially to thc Application for Building Permit heretofore Filed Jn this office dated
·. Jun.e . .12 19 8.5. pursuant-to which Building Permit No. 14052Z
dated June 17 .
........................... 19 .8.5. , was issued,, and conforms to ail of the requirements
of tile applicable provisions of th- ' ....
In ro ' ~ aw. thc occupanFy for which this ccltificate h issued i~ .........
..... ~'~.-'...c~ und Pool & Deck Addition to Exist.l. ng Dwelling ---
Thc certificate is issued to KNELL, GEORGE p.
of the aforesaid building. (owner, .~,.'~.,~o~) . · ........
Suffolk County Department of Health Approval N/R
UNDERWRITERS CERTIFICATE NO 1,1.7
R~. 1181
'~uildi.8, I .~.pect;r .....
FORM NO. 4
TOWN OF 50UTIIOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
JUL 0 2 Z012
Certificate Of Occupancy
BOARD OF APPEALS
No ZJ 2Q~$ ...... November
.... Date ........ 2 19.8.~
THIS CERTIFIES that the building AD~TI0[~
Location of Property .... ZNLE~. WA.~ .OFF. -gED/uR .~B 'a~CH. P/L.~ ....... SO UTHOL, Df;,,~n~/e~
Flou~e No. b~reet '
County Tax Map No. i000 Section .. 092 ...... Block ...... Q~ ....... Lot ...... gO8. .......
S ..... Cedar ~each Park
uoa~vm,on ......................... Filed Map No...9.0. .... Lot No.. ' 008
conforms substantially to the Application for Building Pemlit heretofore filed in this office dated
May 27
..................... .198.9. pursuant to whicl, Building Permit No.. '~069~Z
June 2 ..................
d ted 8.9
............................ 19 ., was issued, and conforms to all o1' the requirements
of the applicable provisions of the law: The occupancy for which this certificate is issued is .........
Addition to an existing o.r~e
......................................... famil/, dwelling
'I~,e certificate is issued to ...D.R.....C...~. ~ .~.l~Ig. .....
of the aforesaid buildihg. . (owner, ~.ds'~'dr'e~/~a'n'O ......................
Suffolk County Department of Health Approval }l/Jk
UNDERWRITERS CERTIFICATE NO... N/A
TO'~t~l OF SOu'~'~tOLD
BUff.DING DEPAR~
To~n Ch~:% O~i~
$~tl~la, ~. Y.
Certificate Of Occupancy
r RECEIVED
,JUL 0
BOARD OF APPEALS
~To...Z?.O.8.? ..... Vat,, .............. ~..."~. .... .~Z..., Zg. Y.~.
TI~.q ~-~ ~t ~e b~g ~ at Ceda~ Po~t East D~
~ Cedar
................ ~l~No. . ~tNo~2-~ Southold N.~,
~ eert~iea~ of ~cu~aey
.. ~?F~ .~F.~.~. -, 19. ~. p~t
~ .......... ~a..l~ .... , 19.
m~ of ~e app~,b!e pro~o~ of
~e ~ h ~ ~ ~ ~, Colgate ~r .. ~gT. ·
(o~, l~e ~ ~t)
of ~e ~or~d
S~o~ Co~ ~t of H~ App~ pre- .e~st~g' .
~~ C~I~ N~ pre- e~st~g
HOUSE ~ 1~5 S~t Ced~
06/2712012 18:03 6317348487
~ uwN OF.~OUTHOLD
B-UILDIN~EPARTMENT
,?own
5OUTHOLD, NY H971
~ TEL: (i31) 765-1802
FAX:,(63 I) 765-9502
SoutholdTo~.NorthFork.net PE~IT NO
t JUL 02
Approved ,20
_ BOARD Or
S~MUELS&STEELMAN PAGE 82/82
OILDING APPLICATION CHECK
PERMIT
Do you have or need the follo~ving, before ~pp!
Board of Health
4 sets of Building Plans
Flood PeTrn~t
Storrn-Weter A~Tme~menr F~--'-'~
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in mk and submitted to the Build/ag Inspector with 4
sets of plum. accurate plot elan to scale. Fcc according to schedule.
. b. Plot pla~ showing location of lot and'of buildings on premises, relationship to adjoining prelmses ur public streets or
¢. The work covered by th.is applicauen may ue be commenced before muance orb ' ·
d Upon approval.of this application, the Bui dim, Ins-eater wm: ......... re?drag Perrmt,
issues a Cenifica e
To'am of Southold, Suffolk Coumy, New York. aM other applicable Laws, OrdinanCes or
Stale whether applicant is owner, lessee, agent, .architect, e~g/neer, general contractor, eleotriol/m, plumber or builder
Name of owner ofpremwes ~~7- ~/.
(As on the tax roll or latest deed)
If applicant ii 1 ~:orgotalion, mgnature o£dnly.authorized officer
(Name and t/tle of corporate officer)
Builders License No.
Plumbers Lmenee No,
Elemricians License No -- ~'
Other Trade's License No.
Location of land on which proposed work will be done:
Home Number Street '
Hmlet
Coun~Tax Map N0. 1000 Se~ion ~ . Block ~/
Subdivismn ~ ~t
_ F ed Map No. ~o~
;tate existing use and oanup~cy of premises and intended use ~nd occupaimy of proposed construction:
a. Exis~/ng use and occupancy ,,P//v','e~¢~ ?.,4'~t'r.-?/
b Intended us~ and occupancy
qature or,York [check which applicable): New Building Addition J Alteration
tepair Remo(,al Demolition ~ Other Work
(Description)
istimated Cost Fee
(To be paid on filing thii application)
f dwelling, number of dwelling umts ~Y~ Number of dwelling units on each floor
f garage, number of Gars c~'2~'.SF~;,Y~' F'~0..._
f husmess, commercial or mixed occupancy, specify nature and exteut of each type of use. .~,/.~
-leight ~.L~] Number of Stories '~7~'o ~.?/~"~7'~- '
)lmensions of same structure with alterations or additions: Front .~g ~ Rear ~ ~-~7".
)eDth ;5-~.,,~. Height .~ t ~/~ Number of Stones ~--"~
)imensions of emire new construction: Front ~ _c ~ ,, Rear ? ~ ~" Depth
/o ~ Number of Stones 7-~ p
lizc eliot: Front 5 ~'-~ F'~TRear .//P~.~'~ ~ Depth /~O
)ate of Purchase Name of Fenner Owner
:,on or use dmtrict n.wh~ch premtees are situated ~ ~/-/(~
)ocs proposed construction violate any zomng law, ordinance or regulation? YES ~ NO
/v'ill lot be re-graded7 YES NO v/ Will excess fill be removed fi.om premises? yES NO.
q~mes of Owner 0fpremises ,~'~"~ Address ~ ~,'CW-~ Phone No~ ~'2-
qameofArehitect ~"4'~'cf--~ ~ 'S"f'~:2Z,'~'~'/~Address ~-~/~f'~'~f~£ PhoueNo
qume of Contractor. Address Phone No..
Is this proper~y within 100 feet of a tidal wetland or s freshwater wetland? *YES [/ND
~ YES, SOUTHOLD TOWN TRUSTEES & D.E.C PERMITS,)¢IAY BE REQUIRED.
· Is tl~s property within 300 feet of a tidal wetland? * YES v' NO
? YES. D.E.C. PERMITS MAY BE REQUIRED.
81/81
~rovide survey, to scale, with accurate foundation plan and distances to property lines.
f elevation at any point on proper~y is at l 0 feet or below, must provide topographical data on survey.
%re there any covenants and restr ct/om with respect to tlt/s property? * YES NO..?
YES. PROVIDE A COPY.
TS OF NEW YOP~K)
SS:
rNTY OF )
7~2~/~ f3. ~"~,,~Z-~ bain§ duly sworu; daposes and says ~hat (s)he is the applicant
(Name of individual eigning contract) above named.
(Contractor, Agent, Corporate Officer· etc.)
~d owner or owners, and i~ duly authod=ed to peffor03 or have performed the said work and to make and ~le this application;
~11 statements contained in this application are tm~ to the best of bis knowledge and belief; and that the work will be
}treed ia the manner set forth in the application filed therewith.
m to before ~e this
day of 20
/ S~gnature of Apphce. nt
~ ~ ,Nota~ Public
Vincent&Eileen Flaherty
Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
May 29, 2012
RECEIVED
JUL 02 2012
BOARD OF APPEALS
Dear Ms. Moore:
I, Vincem Flaherty and Eileen Flaherty, as owner, hereby authorize you to make any and
all applications to the Town of Southold Zoning Board of appeals and any other necessary
agencies on our behalf regarding property located on 470 Inlet Way, Southold, (sctm: 1000-92-
1-8)
Very truly yours,
rtv J
Eileen Flaherty
Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
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 21,2011
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
RECEIVED
JUL 0 2 Z01;~
Mr. Tom Samuels
Samuels & Steelman Architects
25235 Main Road
Cutchogue, NY 11935
BOARD OF APPEALS
RE:
EILEEN & VINCENT J. FLAHERTY
470 INLET WAY, SOUTHOLD
SCTM# 92-1-8
Dear Mr. Samuels:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, September 21,2011 regarding the above matter:
WHEREAS, Samuels & Steelman Amhitects on behalf of EILEEN & VINCENT J.
FLAHERTY 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 10, 2011, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator issued a recommendation that the application be
found Consistent with the Local Waterfront Revitalization Program policy standards,
and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
applica.tion on September 21,2011, 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 have found the application to be Consistent
with the Local Waterfront Revitalization Program, and,
RESOLVED, that the Board of Trustees approve the application of EILEEN & VINCENT
J. FLAHERTY to construct an addition to the existing dwelling with renovations and
reconstruction of portions of the existing dwelling and addition of a subsurface drainage
system for rain water run-off for the dwelling and existing driveway; with a line of staked
hay bales with silt fencing to be installed prior to construction; and as depicted on the
site plan prepared by Samuels & Steelman Architects, last dated June 14, 2011, and
stamped approved on September 21,2011.
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,
Vice President, Board of Trustees
BG/ec BOARD OF AppEALS
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 7640 DATE: SEPTEMBER 21~ 2011
ISSUED TO: EILEEN & VINCENT J. FLAHERTY
PROPERTY ADDRESS: 470 INLET WAY, SOUTHOLD
SCTM# 92-1-8
AUTHORIZATION
Pursuant to the provisions of Chapter 275 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 21, 2011,
and/n consideration of application fee in the sum of $250.00 paid by Eileen & Vincent J. Flahert¥ and subject
to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and
permits the following:
Wetland Permit to construct an addition to the existing dwelling with
renovations and reconstruction of portions of the existing dwelling and addition of a
subsurface drainage system for rain water run-off for the dwelling and existing
driveway; with a line of staked hay bales with silt fencing to be installed prior to
construction; and as depicted on the site plan prepared by Samuels & Steelman
Architects, last dated June 14, 2011, and stamped approved on September 21, 2011.
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.
Jill M. Doherty - Absent
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.ny4qov
Joe Martens
Commissioner
May 23, 2012
Eileen and Vincent J. Flaherty
10 West Street, Apt 23G
NewYork NY 10004
RECEIVED
JUL. 0 g 201Z
Re:
NYSDEC Permit # 1-4738-00628/00032
Flahedy Property
470 Inlet Way
Southold
SCTM # 1000-92-1-8
BOARD OF APPEALS
Dear Permittees:
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 carefully read all permit conditions contained in the
permit to ensure compliance during the term of the permit. 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.
Sincerely,
Matthew R. Penski
Environmental Analyst 1
CC:
Samuels & Steeiman Architects
Habitat - TW
File
yEW Y~ORK STATE DEPARTMENT~NVIRONMENTAL CONSERVATION
Facility DEC ID 1-4738q00628
RECEIVED
JUL O~ ~ ~
PERMIT BOARD OF APPEALS
Under the Environmental Conservation Law (ECL)
Permittee and Facility Information
Permit Issued To:
VINCENT FLAHERTY
10 WEST ST APT 23G
NEW YORK, NY 10004
(212) 786-0890
Facility:
FLAHERTY PROPERTY
470 iNLET WAY lSCTM1000-92-1-8
SOUTHOLD, NY 11971
Facility Application Contact:
SAMUELS & STEELMAN ARCHITECTS
25235 MAIN RD
CUTCHOGUE, NY 11935
(631) 734-6405
Facility Location: in SOUTHOLD in SUFFOLK COUNTY
Facility Principal Reference Point: NYTM-E: 719.2 NYTM-N: 4545.3
Latitude: 41°01'46.0'' Longitude: 72°2Y33.Y'
Project Location: 470 Inlet Way, Southold
Authorized Activity: Renovate the existing single family dwelling and construct two new additions, a
covered entry, and a porch roof. Install ten (10) drywells. All work shall be performed in accordance
with the plans prepared by Thomas C. Samuels last revised on 4/3/12, and stamped "NYSDEC
APPROVED" on 5/23/12.
Permit Authorizations
Tidal Wetlands - Under Article 25
Permit ID 1-4738-00628/00032
New Permit Effective Date: 5/23/2012
Expiration Date: 5/22/2017
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.
Pennit Administrator: JOHN A WIELAND, Deputy Regional Permit Administrator
Address: NYSDEC REGION 1 HEADQUARTERS
SUNY (~ STONY BROOKI50 CIRCLE RD
STONY BROOK, NY 11790 -3409
Authorized Signature: ! 4~'
Page 1 of 6
FLAHERTY; 470 INLET WAY
SCTM: 1000-92-1-8
BOAFtD OF APPEALS
FLAHERTY; 470 INLET WAY
SCTM: 1000-92-1-8
BOARD OF APp/~'Ai,S
FLAHERTY; 470 INLET WAY
SCTM: I000-92-I-8
FLAI-tERTY; 470 INLET WAY
SCTM: 1000-92-1-8
FLAHERTY; 470 INLET WAY
SCTM: 1000-92-1 ~8
u.=. ~p~,~NT O~ .OMeL~NO SeCUR,T~ ELEVATION CERTIFICATE
F~ml E~ ~t
SE~ A · PRO~R~ INFO~ON
AL B~ ~ N~e MR ~NC~ ~ER~
470 IN~ WAY
~y SO~ ~ ~ ~PC~' 11971 -
~. ~ ~ (~ a~ B~ Nu~. T~ ~1Nu~r. L~I ~, ~.)
~ ~ at ~ 2 ~ ~ ~ ~i~ ~ ~ ~ ~ ~ ~ ~ ~ln ~ In~u~.
Expiras March 31, 2012
I~Num~' , .,, ,
AT. Bull~lng Dillon1 Number 8
Aa. For ,a ~i~ ~ a ~ ~ ~S):
b) ~ ~t ~ ~ ~ or
~s) ~ 1.0 ~ M ~t g~
~lft
lqln
For ,a b~ilding with
.) Squ,am foo~ge of ~ad~l garage
b) ~. ~~ ~ln ~ ga~
~ t.0~
~ T~ ~M~~,b
B1. NFIP Communi~.
B10 Indi~ the ~u~
SECTION B ' FLOOD INSURANCE RATE MAP (RRM) INFORMA'nON _
NEW YORK
ElS. Fiood Bg. Base Flood Eiev&tlon(s) (Z~ne
Z~a(,a) AO, uN btam fleed dee*h)
I
X
C'I FIS Profile ISa FIRM ~] Community Determise~ I"l Olhe~ (~) ....
B~I. I~fiond~mu~E~mB9; ~N~1~9 ~ ~1~8 ~ ~.(~)
~nm~n Dam __ ~ C~S ~ OPA
.... SEC~ON C ~ BUILDING EL~A~ON INFO~ON (SU~Y REQUI~O)
~ E~t~ ~ ~ ~ ~ul~ ~~ ~ ~ bui~i~ ~ ~. [ ,~zvL~
~. E~ ~ AI~, ~, ~, A ~ BFE), ~, VI-~, V (~ BFq, ~, ~A, ~, ~A~, ~, ~. ~p~ I~ C2.e-h
~nchma~ ~il~ Va~l D~m ~ 88
Con~mio~ .........
,a) Tea of bottom floor (InciudL'lg besememL crawtspace, ar enc~e~u re tloor) ZZ
b) Top of the na~ higher floor ~.~.
c) Bottom of the lowest horl~n~al ~l~;tural member (V ZOnes Only) __.
d) Atta~'a~ g,arage (top of al'ab)
e) Lowest elevation of mKhlnmy or equipment Nnactng th,a bulkling
(DeKdbe type of equipment 'and Iocatla~ in Comments)
t) Lowest adjacent (finished) grade rlext to building (LAG) 4.§
9) Highest aej,aNnt (finished) grade next to bui~dlng (HAG) 6.2
n) Lowest adjacent grade ,at lowest elmmtton of ~ or stal~, incJu~ing
CheckthemN'aumme~'~,ll~RD OF APPEALS
[] feet r"l meters (l~Jerto Rico only}
I~ fee~ F'I meters (Puerto Rk=o only)
I'1 feet 0 metem (l'uerm ~co only)
I-I feat r~ matem (puerto Rico only)
[] feet [] metom (Pue~o Rico only}
[] feet [] meters (Puerto Ri~o only)
IR feet L'q metor~ (Puerto Rice only)
.__ r'l feet I'1 meter~ (Puerto Rkm on~y)
SECTION D - SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION
.q~.i, ~ ~. tO be ~Jgn~l. and NWIOd by.'a Iai? I~'I~IY~I', e~gineer, or ,a I't')'litl~''a,.AhM~:ed b~ law tO oertJ~, elavatflbfl
Chm:k ._mly fa~e sta~ement ?y be punislmb~ by ~ne or'imp~cmmont under f g U.$. Code, Sec~ f OO1.1F~
bern if commant~ am i~ovidnd ee ba<=k d fo~m_ VVofo latitude and I~tgltuda In ~'~ectio~ .A ~x'ovldad by a
lice~ed land emveyor? I~ Yes r-I No
Certifier's Name JOHN T METZGER "' Lk:mnse Number 49~10
Company Name PECONIC SUF~YOR$, PC ' :
TiUe LICENat=~ SURVEYOR
Addrea~ 1L~O TRAVELER b*'TREET
,/7
Date 0~28/2012 Tetep~'x~e 631.765..5020
;OWN OF SOUTHOLD
SEAS. ~b° VL.
IMP.
STREET
S
VILLAGE
E
FARM
TOTAL DATE
REMARKS
DISTRICT SUB.
TYPE OF BUILDING
CB.
LOT
_DING
NEW NORMAL
'illable, 3
,Voodlond
Value Per
~rushland
-louse Plot
Total
~,BovE
VaJue
l ~:)~:) -~ - I-- ~' TOWN OF SOUTHOLD PROPERTY RECORD CARD ,fy/. / ~- .
~'WNER STR-EET J-~ '7,,r_~ VILLAGE DIST. SUB. LOT (::::~C;~- ~'~-"
ACR. REMARKS
TYPE OF BLD.
PROP. CLASS I ~ , ,
LAND IMP. TOTAL DATE
FRONTAGE ON WATER TILLABLE
FRONTAGE ON ROAD WOODLAND
DEPTH MEADOWLAND
[ BULKHEAD HOUSE/LOT
. TOTAL
~ l/~ ~: '~/~~ ~' ~¢~ Basement ~% Fl~rs
~ ~x,. w~,,s ~'
~(d~ / V~ /O' ~ '~¢ . ~]1~ Interior Finish
~ ~) ¢,~ Fire Place ~ A E Heart
' ~ ":? Porch Attic
'~ Porch Rooms 1st Floor
Garage ~ ~,~ ~ ~ ~¢ ~.~ ~0 Driveway
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.nor thfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
July 9, 2012
Zoning Appeal No. 6583
Transmitted herewith is Zoning Appeals No. 6583 of Patricia Moore for Eileen & Vincent J.
Flaher ,ty- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the
Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,
Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment
Form, Cover Letter from Patricia C. Moore Dated June 29, 2012, Copy of Certificate of
Occupancy No. Z-28112 for Addition and Alteration to an Existing One Family Dwelling Dated
December 12, 2001, Copy of Certificate of Occupancy No. Z-25655 for Enclose and Existing
Unheated Porch with Glass & Screens Dated April 17, 1998, Copy of Certificate of Occupancy
No. Z12033 for Alteration & Repair Dated November 2, 1983, Copy of Certificate of Occupancy
No. Z14163 for In ground Pool & Deck Addition for Existing Dwelling Dated January 16, 1986,
Copy of Certificate of Occupancy No. Z 12034 for Addition to an Existing One Family Dwelling
Dated November 2, 1983, Copy of Certificate of Occupancy No. Z7087 for Private One Family
Dwelling Dated June 17, 1978, Copy of Application for Building Permit Dated October 14,
2011, Authorization Letter from Vincent & Eileen Flaherty Dated May 29, 2012, Three Pages of
Southold Town Trustees Permit #7640 Dated September 21,2011, Two Pages of NYS
Department of Environmental Conservation Permit #1-4738-00628/00032 Dated May 23, 2012.
Five Pages of Photos of Property, One Page of Elevation Certificate From U.S. Department of
Homeland Security Dated March 28, 2012, Three Pages of Property Record Cards, Notice of
Disapproval from Building Department Dated April 30, 2012, Copy of Survey Showing Property
as it Exists Dated November 22, 2004 Prepared by Peconic Surveyors, Two Pages of Plans
Showing Site, Floor and Elevations Dated June 25, 2012 Prepared by Samuels & Steelman
Architects.
Date: 07/05/12
Transaction(s):
1 1
~'own of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
ZBA Application Fees
Receipt~: 138240
Reference Subtotal
6583 $1,000.00
Check#: 857
Total Paid: $1,000.00
Name:
Flaherty, Vincent J
1775 Inlet Way
Southold, NY 11971
Clerk ID: CAROLH Internal ID: 6583
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 7/3/12
ZBA # NAME CHECK # AMOUNT TC DATE STAMP
RECEIVED
Flahert¥, Eileen & 857 $1000.00
6583 Vincent JUL -
$1000.00
By lc Thank 'ou.
Page 3 of 3
Vincent Flaherty
Eileen Flaherty
L/Co rp/alcl/Ceda rBeach/Ag ree ment-Fla herty- 2.
.......... Forwarded message
From: Daniel C Ross, Esq <copier(~optimum.net>
Date: 2012/8/21
Subject: Attached Image
To: Dan Ross <dross@keeqanlaw.us>
RECEIVED
AUG 2, 2, 20 ?
BOARD OF APPEALS
Daniel C. Ross, Esq.
Keegan & Keegan, Ross & Rosner,
LLP
315 Westphalia Avenue
P.O. Box 146
Mattituck, NY ]~952
Tel: 631-298-12oo; Fax: 63~-298-4427
Website KeeganLaw us E-mail DRoss(&Keega ~Law us
West End Office: Patchogue
The information accompanying this transmission contains information from Keegan & Keegan, Ross 8~ Rosner LLP
which is confidential and/or legally privileged. The information is intended only for the individual or entity named
in the document. If you are not the intended recipient, you are hereby notified that any disclosure, copying,
transmission, distribution, or taking of any action in reliance of the contents of this transmission is strictly
prohibited, and that the information should be purged from all records, notifying our offices of the situation so
that we may arrange for the proper distribution of the contents.
8/22/2012
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
August
2012
Zoning Board of Appeals
Town of Sou,hold
Main Road
Southold NY 11971
hand delivered
RE: FLAHERTY; 470 INLET WAY,
SCTM: 1000-92-1-8
SOUTHOLD
RECEIVED
AUG
BOARD OF APPEALS
Dear Chairman Weisman and Board members:
With reference to above, and in accordance with your request
at the Zoning Board Hearing on August 2, 2012, enclosed is the
following:
1. First American Title Insurance Company of New York, copy of
title policy dated 10/28/04 insuring that Worth Enterprises, Inc.
had title to land, and was authorized to sell to Vincent and Eileen
Flaherty.
2. Ail Deeds refer to "together with all right, title and interest,
if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines
thereof"
Deed dated 10/2~/04: Liber 12380 page 834: Worth Enterprises, Inc.
To SelRel, Inc. Tax Lot 8;
Deed dated 10/2~/04: Liber 12380 page 835: SelRel, Inc. To Vincent
J. Flaherty and Eileen Flaherty Tax Lot 8
Deed dated 10/28/04: Liber 12354 page 697: Worth Enterprises, Inc.
To Vincent J. Flaherty and Eiteen Flaherty Tax Lot 8
3. Seller's survey dated October 10, 1997 (shows garage
encroachment) and Flaherty survey dated November 22, 2004 (shows
garage engroachment)
4. In the Cedar Beach Park Association Constitution and By-Laws, as
amended August 21, 2004, Article XI, Section 1, "private roads"
within the Map of the Subdivision of Cedar Beach Park at Bayview,
filed as Map No. 90, December 19, 1927, will be assumed by Cedar
Beach Park Association for the purpose of safety and ease of
access. This assumption is not to be construed as "eminent domain"
or "adverse possession", but is assumed only to maintain safety and
ease of passage within the community as required by the Town of
Southold Zoning Code.
Therefore, the roads, to the extent they have been opened, are
maintained by Cedar Beach Park Association. Several paper roads
(some cross water bodies & inlets) are not opened, or improved by
Cedar Beach Park Association.
Inlet Way is open up to the entrance to the Flaherty property.
The existing circular driveway is maintained by Mr. and Mrs.
Flaherty. Once the Flaherty property line is reached, Inlet Way
is unimproved and access is blocked by wetland vegetation.
I have forwarded a letter to the Cedar Beach Park Association,
as you requested, for "permission" of the existing garage.
However, the garage has been in the current location for more than
10 years with a certificate of occupancy. Adverse possession has
vested.
Very truly yours,
/
Patricia C. Moore
encls.
C: Mr. & Mrs. Vincent Flaherty
First American Title Insurance Company
of New York
STANDARD NEW YORK ENDORSEMENT
(OWNER POLICY)
Attached to and made a part of Policy Number: Y316367
1. The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which
has now gained or which may hereafter gain priority over the estate or interest of the insured as
shown in Schedule A of this policy."
2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date,
such policy shall also cover intervening liens or incumbrances, except real estate taxes,
assessments, water charges and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy
unless otherwise expressly stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and
is subject to the Exclusions from Coverage, Schedules, Conditions arid Stipulations therein, except as
modified by the provisions hereof.
Date: 10/28/2004
Heights Abstract, Ltd.
356 Court Street
Brooklyn, New York 11231
Phone (71~!~0~ZX!718) 624-0'184
By:
Authorized Signature
OFIRST AMERICAN TITLE INSURANCE COMfANY
STANDARD NEW YORK ENDORSEMENT (9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (4-6-90)
Schedule A
Title Number:
Policy Date
309S05095
10/28/2004
Alta Owner Policy
Policy Number
Policy Amount
Y316367
$ 3,000,000.00
1. Name of Insured
Vincent Flaherty and Eileen Flaherty
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Deed mde by Worth Enterprises, Inc. to the Insured dated 10128104 and duly recorded in the
Suffolk County Clerk's Office.
4. The land referred to in this policy is described as follows:
PREMISES KNOWN AS:
Address 1775 Inlet Way, Southhold
District 1000
S/B/L 092.00/01.00/008.000
Countersigned:
Authorized Officer or Agent
Title Number 309S05095
Schedule A Description
Policy Number: Y316367
Page 1
ALL that certain plot, piece or parcel of land situate lying and being at Bayview,
in the Town of Southold, County of Suffolk and State of New York, known and
designated as Lots No. 92, 93, 94 and 95 on a certain map entitled, "Subdivision
Map, Cedar Beach Park, situate at Bayview, Town of Southold, New York,
surveyed 15, 1926 by Otto Van Tuyl, Professional Engineer and Surveyor,
Greenport, New York" and filed in the Office of the Clerk of the County of Suffolk
on December 20, 1927 as Map No. 90, being more particularly bounded and
described as follows:
BEGINNING at a point on the southwesterly side of Inlet Way distant the
following three (3) courses and distances from the corner formed by the
intersection of the southwesterly side of Inlet Way with the southerly side of
Cedar Point Drive East;
1. South 39 degrees 18 minutes 30 seconds east, 121.04 feet;
2. South 41 degrees 05 minutes 40 seconds east, 151.05 feet;
3. South 49 degrees 00 minutes east, 54.99 feet to the point of beginning;
RUNNING THENCE north 88 degrees 00 minutes east, 90.00 feet;
THENCE north 69 degrees 30 minutes east, 180.00 feet;
THENCE north 00 degrees 30 minutes west, 52.35 feet;
THENCE north 58 degrees 45 minutes east 30.88 feet;
THENCE north 45 degrees 41 minutes 10 seconds east 82.90 feet;
THENCE south 24 degrees 18 minutes east 76.58 feet;
THENCE south 62 degrees 58 minutes 40 seconds east 35.22 feet;
THENCE south 5 degrees 20 minutes 30 seconds east 61.83 feet;
THENCE south 10 degrees 35 minutes 10 seconds west 42.23 feet, plus or
minus, to a point on a wood bulkhead;
THENCE south 22 degrees 45 minutes 12 seconds east along said wood
bulkhead 54.29 feet, plus or minus;
Title Number 309505095
Schedule A Description- continued
Policy Number: Y316367 Page
THENCE south 71 degrees 14 minutes 55 seconds west still along said wood
bulkhead 110.15 feet;
THENCE south 11 degrees 18 minutes 20 seconds west, 80 feet, plus or minus;
THENCE nor/h 75 degrees 50 minutes west, 331.67 feet;
THENCE nor/h 16 degrees 34 minutes east, 26.31 feet to the point or place of
BEGINNING.
Owner's Policy
Schedule B
Title Number: 309S05095 Policy Number:Y316367
The following are expressly excluded from coverage of Policy, and the Company will not pay loss or damage
costs, attorneys' fees, or expenses which arise by reason of:
1. Rights of tenants or persons in possession.
2. Any state of facts which an accurate survey might show
3. Covenants and Restrictions in Liber 1469 Page 27.
4. Covenants and Restrictions in Liber 1956 Page 72.
5. Covenants and Restrictions in Liber 2142 Page 483.
6. Covenants and Restrictions in Liber 2159 Page 555.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEEDS/DDD
~,m~er of Pages: 5
Receipt Number : 05-0036274
TRANSFER TAX. NUMBER= 04-35880
1000
Deed Amovnt=
Section: Elock~
092.00 01.00
SXAMINEDAND CHARGED AS FOLLOWS
$0.00
Received =he Following Fees For Above Instrument
Page/Filing $15.00 NO Handling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO SA-STATE
TP-584 $5.00 NO Cern.Copies
RPT $30.00 NO SCTM
Transfer tax $0.00 NO Co~nn. Pres
Fees Paid
TRANSFER TAX NUMBER:
04-35880
THIS PAGE IS A PA~T OF THE INSTRUMENT
THIS IS NOT A SILL
Edward P.Romaine
County Clerk, Suffolk County
04/06/2005
12;59~21 PM
LIBER: D00012380
PAGEt 834
Lot~
008.000
$5.00
$15.00
$?s.oo
$o.oo
$o.oo
$o.oo
$155.00
Exempt
NO
NO
NO
NO
NO
NO
~- TOR_RflNS
Serial #
Certil]c~,tc #
Prior ell: #
I'agc / Filing Fec
Haudliu~ 5.
'1'P-584
.Notafio
EA-52 17 (County)
EA-5217
Comm. of~. 5. ,~
~l'l]davi/
Cerlil'i~ Copy
NYS Smchmge _ , 15..,~
Other
Sub Total
Sub Total
Grand Total
,I Dist. 05012846 tO00 09200 0100 00800o
Rc;d Prupcrly '
'lhx Service
Age.cy
Vcril'icaiiun
6 J $' tsfi~ctions/DischargesYRcleases List Properly Owners MalUng Add.,~s
RECOItD & RETURN TO:
Mo_ngago Amt. ,
1. Basic Tax
2. Additional Tax __
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town. .Dual County
· Held for Appointmeut
Trans£~r Tax '
Mansion Tax
The property ¢ovea~l by.this mortgage is
or wiU b~ improved by a one ut two
funiily dwelling only.
YES, or NO
ffNO, sec appropriate lax cinuse on
page #. ' of this instrument. '
~ommunlty Pr~r~ation Fund
Consideration*Amount $
C. PF Tax Due
Improvexl
Vacaxat Land __
TD
Suffolk County Recording & Endors' ment Page
Tllis page £omls part of the attached .~ (O~)_ & ' . '
The premises hereht is situated in
SUFPOLK COUNTY, NEW YORK.
.,or ~ of
OXES 6 THRU 8 MUST BE TYPED OR PRINTED lb{ BLACK INK ONLY pRIoR TO R~CORDING OR FILING.
t'nv~r's
D/st.
1000
Sac.
092.00
Blk.
01.00
Lot
008.000
Stand~d N.Y E~.T.U. Form 8002
or Corporation (single sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS iNSTRUMENT SHOULD BE
USED BY LAWYERS ONLY.
-Warranty Deed. with Covenant against Grantor's Acts- In(fividual
This INDENTURE, made the 27t" day of October, 2004
BETWEEN WORTH ENTERPRISES, iNC., located a~P.O. Box 836, Southold, New York 11971
party of the rrat part, end SEL REL, INC., having its principal place of business Iocatecl at 40 East Main
Street, Suite 3:35, Newark, DE 19711,
party of the second part,
WIT'NESSETH, that the party of the first'part, in considera~n of Ten Dol!ars and other valuable
consideration paid by the party of the second part, does hereby grant end release unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever,
All. that certain plot, piece or parcel of !and, with the buidinga and improvements thereon erected, situate,
· lying and being in the
(SCHEDULE A ATTACHED HERETO)
BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated
12/3/1997 recorded 12/15/1997 in liber 11867 at Page 649.
This deed wss prepared to replace the lost deed'between the above parties dated December 17, 1997.
TOGETHER with all right, tJtte and interest, if any, of the party of the first part in and to any streets and
reads abutting the above dasoribod premises to the center lines thereof;, TOGETHER with the
appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE
AND TO HOLD the premises herein granted unto the party o{' the second part, the heirs or successors
and assigns of the pa~y of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the said premises have been encumbered in any way whatever, except as aforesaid.
AND tbe party, of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the dght to receive such
consideration as a trust fund {o be applied first for the purpose of paying the cost of the improvement and
will app!y the same first to the payment of the cost of the improvement before using any part of the total of
the sarrie for any other purpose,
The word 'party" shall be construed as if it read *parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first
above written.
IN PRESENCE OF:
Worth Enterprises, inc.
Charles Worth, President
'STATE OF NEW YORK )
COUNTY OF SUFFOLK )
On the 27~ day of October, 2004 he/ore me, the undersigned, persona,y appeared CHARLES WORTH,
personally known to me or proved to me on the basis of satisfacto~ evidenos to be the individuaJ(s)
whose name(s) is (are) subscrbed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their mpac, ity(les) and that by hia/herltheir signature(s) on the insb'ument,
the individual(s), or the person upon behalf of which the Indivlduad(s) acted, exacute~t the instrument.
No, ~-,~04o~ Signature and Offios of
~ualified in Suffolk Cmmty ,n/. individual taking acknowledgment
Commissk:~ Expires J~ly
· For acknowledgments t~kan In New York State
**State, District of Columbia, TeITitory, Possession, or Foreign Country
On the day of 2005 before me, the undersigned, persormliy appeared
,persenally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s)
is (a~e) subscribed to the within instr~'nant and acknowledged to me that he/she/they executed the same
in his/herflheir capacity(los), that by his/her/their signature(s) on the instrument, tha individual(s), or tha
person upon behalf of which the Individosi(a) acted, executed the instrument, and that such individual
mada such appearance before the undersigned in the
(Insert the city or other political aubdivision and the sate or country or other place the acknowiadgmant
was taken),
Signature and Office of
IndividuaJtaking acknowledgment
WARRANTY DEED
WITH COVENANT AGAINSI GRANIORS'ACTS
TITLE No.
SECTION
BLOCK
LOT
WORTH ENTERPRISES, iNC.,
TO
SEL REL, INC,
COUNTY OR TOWN
RETURN BY MAlL TO:
William T, L~Veila, PC.
The LaVelle Buildi~a
57 East Main Street
Patcho.gua, New York 11772
Title Number
ALL that certain plot, piece or pamel of land situate lying and being at Bayview,
in the Town of Southold, County of Suffolk and State of New York, known and
designated as Lots No. 92, 93, 94 and 95 on a certain map entitled, "Subdivision
Map, Cedar Beac~h Park, situate at Ba~;view, Town of Southold, New York,
surveyed 15, 1926 by Otto Van Tuyl, prOfessional Engineer and Surveyor,
Greenport, New York' and filed in the Office of the Clerk of the County of Suffolk
on December 20, 1927 as Map No. 90, being more particularly bounded and
described as follows:
BEGINNING at a point on the southwesterly side of inlet Way distant the
following three (3) courses and distances frOm the comer formed by the
intersection of the southwesterly side of Inlet .W.a~ with the southerly side of
Cedar Point D~ive East;
1. South 39 degrees 18 minutes 30 seconds east, 121.04 feet';
2. South 41 degrees 05 minutes 40 seconds east, 151,05 feet;
3, South 49 degrees 00 minutes east, 54.99 feet to the point of beginning;.
RUNNING THENCE north 88 degrees 00 m[nutas east, 90.00 feet;
THENCE north69 degrees 30 minutes east, 180.00 feet;
THENCE north 00 degrees 30 minutes west, 52.35 feet;
THENCE north 58 degrees 45 minutes east 30.88 feet;
THENCE n.orth 45 degrees 41 minutes '10 seconds east 82.90 feet;
THENCE south 24 degrees 18 minutes east 76.58 feet;
THENCE south 62 degrees 58 minutes 40 seconds east 35.22 feet;
THENCE south 5 degrees 20 minutes 30 seconds east 61.83 feet;
THENCE south 10 degrees 35 minutes 10 secor~ds west 42.23 feet, plus or
minus, to a point on a wood bulkhead;
THENCE south 22 degrees 45 minutes 12 seconds east along said wood
bulkhead 54.29 feet, plus or minus;
Continued On Next Page
T'~Je Number 30gSO5095
THENCE south 71 degrees 14 minutes 55 seconds west still along said wood
bulkhead 1!0.15 feet;
THENCE south 11 degrees 18 minutes 20 seconds west, 80 feet, plus or minus;
THENCE north 75 degrees 5.0 minutes west, 331.67 feet;
THENCE north 16 degrees 34 minutes east, 26.31 feet to the point or place of
BEGINNING.
Pl.[ -: TYPE OR I~Ri:'$-S- ~IAMLy WHEN wRmNc ] FORM
INSTRUCTIONS: http:/I www.orputa/e,ny, ul or PHONE t6111) 473.7222
,/,..~. ~, ~,.,,~,~.,,,., . .,~,. -~. ~ RP- 5217
I Southold I
I Sel ael, 'mc. I
I I
Worth Encerp~taea, Inc. I
I A~ :~ :,u -J~".%'T INFORMATIOH. D~ s~ould ~ tha ~ Final a~**~men~ ~ and
~tV"rd*"'"'m~td'"'~lO ,4 Iw. Toad,~,~,.dV.b.~dd~..d. bt,.,d..l . . .
,&~-~=.. IGT'e'~l I ~-aim4~...l 1805
146001
/1000 - 092.00 - 01.00 - 008.000
I I
I I I I
I '"ai~'~TION I
BUYER
I E~st Main
I D]~ ~ 19711
ATTORNEY
LaVelle ! I,/il l~.am '~.
631 I 475-0001
i EW YORK STATE
COPY
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Typs of Inst~,~ent= DEEDS/DDD
Number of Pages: 5
Receip~ ~er ~ 05-0036274
TRANSFER TAX NUMBER: 04-35881
District:
1000
Deed Amount:
Recordsd~
At:
LIBER:
PAGE:
Section~ Block:
092.00 01.00
EXAMINED A~D CHARGED AS FOLLOWS
$0.00
04/06/2005
12~59~21 PM
D00012380
835
Lo P., ~
008.000
Received the Following Fees For Above Instrument
Exempt
Page/Filing $15.00 NO Hap, dling
COE $5.00 NO NYS SRCHG
EA-CTY $5.00 NO EA-STATE
TP-584 $5.00 NO Cert. Copies
RPT $30.00 NO SCTM
Transfer tax $0.00 NO Comm. Prss
Fees Paid
TRANSFER TAX NUMBF~; 04-35881
THIS PAGE IS A PART OF TH~ INSTHU~ENT
THIS IS NOT A BZLL
$5.00
$15.00
$75.oo
$0.00
$0.00
$o.oo
$155.00
NO
NO
NO
NO
NO
NO
gdwar~ P.Romatns
County Clerk, Suffolk County
Dccd/ Mur'tgagc lnsLruuient De~J / Mortgage Tax Slamp
filing Fcc
I-Jandii,g 5. ~
'1'1'-584
EA-S2 {7 {Cou,ty) Sub To'iai
II.P.I:$.A. ·
Coillltl, UI' ;{.~d. 5, 00
A flSduvil
Cerlilicd Copy
NYS Smchm'ge 15. ~
Sub Tol~
Other
OraDd ~bta[
,t DiSL 05012847 ;~ooo o920~) oxoo oooooo
Real I'rt)per(y ~
'l';t.~ Scrvicc
Agci~c),
"/crilicali,n
Sniisfacfiomk~Dischazge~/Relcascs List Propcrty OWlle~ Mailhig Addre~
KIgCOIID & IUg'TURN TO:
Recording / Filing Shunps
si
Consideration,Amount $
C. PF Tax Due $
Morlgage Amt.
1. Basic Tax
2. Additional Tax .
Sub Total
' Sp~:YAssit.
or
Spe~./Add.
TOT. MTG. TAX
Dual Towu Du~l County
Held for Appoinm~ut
Transfer Tax
Mansion Tax '.
Time properly covcnM by this mortgage is
ur will be improved by a one or two
fmnily dwelling only.
YES ' or NO.
if NO, s~ appropriate ia~ clause on
page # ' of tiffs h~stnuneaL
Community PreservaUon Fund
Impmved
Vaciumt Lm~d '
Suffolk County Recording & Endorsement Page
(SP~Ci~ TYP$ OF.~STRUME~
SU~OL~ COU~Y, NEW YORK.
8OXHS 6 THRU $ MUST BE'~PBD OR P~ ~ BLACK ~K ONLY PRIOR TO
' Stand~rd N.Y B.T.U. Form 8002 -Bargain and Sale Deed, with Covenant against Orantor's Acts-
Individua~ or Corporation (single sheet)
CONSULT yOuR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE
USED BY LAWYERS ONLY.
This INDENTURE, made the 28m day of October, 2004
BETWEEN SEL REL, INC., having its principal place of business located at40 East Main Street, Suite
335, Newark, DE 19711
party~of the first part, and VINCENT J. FLAHERTY and~EIL-EEN FLAHER'I'YT, his_wife, both residing at 60
E. 42 Street, New York, New York 10165, es joint ter~ants with right of survivorship.
party of the second part,
WIT'NESSETH, that the party of the fcst part, in consideration of Ten Dollars and other valuable
consideration paid by {he parbJ of the second part, does hereby grant and release unto the party of the
second part, the heirs or successors and assigns of the party of the second part forever,
Ail. that coztein plot, piece or parcel of land, with the buildings end improvements thereon erected, situate,
lying and being in the
(SCHEDULE A A'FrACHED HERETO)
1000'
Sec.
092.00
Slk.
01.00
LoC
003.000
BEING AND INTENDED TO 8E the same premises conveyed to the pan*y of the first part by =.eplacea"enc
deed beCveen:~orch. EnCe~p~iae.s,. Inc.' and Scl Rel, Inc. and intended co be duly
TOGETHER with all right, tills and interest, if any, of tho party of the first part in and to any streets and
roads abutting the above described premises to the canter lines thereof; TOGETHER with the
appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE
AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors
end assigns of the party of the second part forever,
AND the party of the first part covenants that the party of the first part has not'done or suffered anything
whereby the said premises have been encumbered in any way whatever, except es aforesaid.
AND the party, of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hcid the right to receive such
consideration as a trust f~nd to be applied first for the purpose of paying the cost of the improvement and
will apply the same f'cst to the payment of the cost of the improvement before using any part of the total of
the same for any other purpose.
The word 'par[y" shall be construed as if Jt read 'par[lee' whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this dead the day and year first
above written.
IN PRESENCE OF:
Ssi RCI, Inc.
Tracy Ryan, ~eslds~
*STATE OF NEWYORK )
COUNTYOF SUFFOLK )
On the 28~ day of October, 2004 before me, the undersigned, personally appeared TRACY RYAN,
bemonelly known to me or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subsc.~bed to the within instrument end anknowledged to me that he/she/they
executed the same in his/her/t~alr capacity(ids) and thai by his/her/their signeture~) on the instrument,
the individ~Jal(s), or the person upon behalf of which the individual(s) acted, exe~ed the instrument.
No. 02LA4995481 Signetut'e and Office of
Qualified in Suffolk CouMy ^L individual taking acknowledgment
Commission Expires July 15, 20b'u
*For acknowledgments taken in New York State
**State, District of Columbia, Ten'itory, Possession, or Foreign Country
) SS.;
On the day of 2005 before me, the undersigned, personalty appeared
,porsona~y
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capanit~(ias), that by hie/her/their signature(s) on the instrument, the individual(s), or the
peman upon behalf of which the individual(s) acted, executed the insirumonL and that suoh individual
macta such appearance before the undersigned in the
(thsert the city or other political subdivision end the sate or country or other place th~ acknowledgment
was taken).
Signature and Office of
Individualtaidng a~knowiedgmen, t
BARGAIN and SALE DEED
WITH COVENANT AGAINSI GRANIORS ACTS
TITLE No.
SECTION
BLOCK
LOT
SEL REL, INC.,
TO
VINCENT J. FLAHERTY and EILEEN FLAHERTY.
COUNTY OR TOWN
RETURN BY MAIL TO:
William 1'. LaVeIJa,
The LaVelle 8ull~ne
,_~'/Eaat Main
ramnogue, New Yorl¢ 11772.
Title Number ~09S05095
ALL that certain Plot, piece or parcel of land situate lying and being at Bayview,
in the Town of Southold, County of Suffolk and State of New York, known and
designated as Lots No. 92, 93, 94 and 95 on a certain map entitled, "Subdivision
Map, Cedar Beach Park, situate at Ba~view, Town of Southold, New York,
surveyed 15, 1926 by Ott~ Van Tuyt, Professional Eng!neer and Surveyor,
Greenport, New York" and filed in the Office of the Clerk of the County of Suffolk
on December 20, 1927 as Map No. 90, being more particularly bounded and
described as follows:
BEGINNING at a point on the southwesterly side of Inlet Way distant the
fqllowing three (3) courses and distances from the corner fqi'med.by the
intersection of the southwesterly side of Inlet Way with the southerly side
Cedar P, oint Drive East;
1. South 39 degrees 18 minutes 30 seconds east, 121.04 feet;
2. South 41 degrees 05 minutes 40 seconds east, 151.05 feet;
3. South 49 degrees 00 minutes east, 54.99 feet to the point of beginning;
RUNNING THENCE north 88 degrees 00 minutes east, 90.00 feet;
THENCE north.6g degrees 30 minutes east, 180.00 feet;
THENCE north 00 degrees 30 minutes west, 52.35 feet;
THENCE north 58 degrees 45 minutes east 30.88 feet;
THENCE nprth 45 degrees 41 minutes 10 seconds east 82.90 feet;
THENCE south 24 degrees 18 minutes east 76.58 feet;
THENCE south 62 degrees 58 minutes 40 seconds east 35.22 feet;
THENCE south 5 degrees 20 minutes 30 seconds east 61.83 feet;
THENCE south 10 degrees 35 minutes 10 seconds west 42.23 feet, plus or
minus, to a point on a wood bulkhead;
THENCE south 22 degreas 45 minutes 12 seconds east along said wood
bulkhead 54.29 feet, plus or ~ninus;
Continued On Next Page
Title Number 30SS05095
THENCE south 71 degrees 14 .minutes 55 seconds west still along said wood
bulkhead 110.15 feet;
THENCE south 11 degrees 18 minutes 20 seconds west, 80 feet, plus or minus;
THENCE north 75 degrees 50 minutes west, 331.67 feet;
THENCE north'16 degrees 34 minutes east, 26.31 feet to the point or place of
BEGINNING.
.' . PLEA~,: TYPE OR PRESS FIRMLY WHEN WRITING _., FORM
INSTRUCTIONS: http;/I www.orp~tate.,y.u, or PHONE (E,$) 473-7222
,FOR ~U~ U~ ONLY'
~:. ~ ¢_~,_1 I ~ ~ ,~' ,~ ,~ ,~' I _. ~ ~oP~ ~R ~PO~
~ ' ,
Se! hi, ThC. I ]
I m :m~o. I
j · ] ,/'
!
{ lO00 - 092.00 - 01.00 ? O08,Ol;~l
I I t
BUYER
NEW YORK STATE
COPY
I Il llllllllilllfiilllllllllllllilllllll ilillll
I iilgmlEIIHlllE
SUZT07.~ COUNTY CT.REX
RECORDS O~ZCZ
RECORDXNG ~AGZ
· ~8~X ~ ~X: 04-~5658 ~ZB~R: D000~2354
· ~: 697
1000 092.00 01.00 008.000
~3,000,000.00
Deed Amount:
Racozdodt
11/1S/2004
11:07:54 Al(
Received ~he Polloving Fees For Above
P&ge/FilLng $15.00 HO Xsnd~g $S.00
COX $5.00 ~0 ~S SRCHG $15.00
EA-C~Y $5.00 ~ ~-BTA~E $165.00
· ;-s8~ $5.oo ~ c.~t.~p~os So.oo
iP~ $30,00 ~ 8~ $0,00
Fees Paid
TAX HUMBER: 04-1S658
'k~8 IS NOT A BILL
NO
NO
Zdwa~c~ P. Romaine
Coun~ Clerk, 8u~olk County
F.~ba rd P. Rm~tn?
CLEH~ Gc
~FFQL~
L 000012'~,4
P 697"
DTt 04,-1 _'~_M
Ami,
SpecYAssit.
LflY3o TAX
Tim prop~ty corm'ed by dds n~ is
will b~ i~.~ by a one ~' two
~ NO
If NO, sc~ aR~ul~ m chu~ ~
~f tlda InamUnnL
(Si:q~CIFY 'rYPB OF INS-i-KUMENT)
SUFFOLK COUNTY. ~ YORK·
In tl~ VILLAOE
BOXF..S 6 THRU B MUST BE TYPED OR PRIN'I]~D IN BLACK INK ONLY PRIOR TO RECORDING OR PILJNO.
Sect:Lea
092.00
B~.ock
01.00
Lo~
008°000
THIS~nudetJm .a~.~ dqrof October ,Intbe~e~
BETWEEN ~O~TH ENTEILFRISES, lXC.~ ~v~ ~ce pr~c~p~ p~ace o~
bua~ueao located at P.O. ~ 836, SouC~Ld, N~ork 11971,
party dlh~f~tJlMt, m d VT_NCENT J. ~,~u~ & K~L~ yt.A,~n~,, h~.'~e,
ATTACHED
parc by deed 4i~ed 12/3/1997 recorded 12/15/1997 ~n L~ber 11867 ak' Fnee 6~9.
TOOETII.ER with ~dl r~,. t.ltk ud Imereit. ~ ,ia,y, or ~be ~ of the firR ~afl in end ~ &ny su~u ami
the l~rty ~ the ~cond imrt-~.~r.--- r-v ....
the I~m p4rt. la ~ with S~ ' --
· STAT~ Olr NlrW yORK )
) ss,:
COUNTY O1~ BU//QLK,)
~-,~,-,.,4 b sums b ~ equ~t'kC, md thru hy
htir~t~Mir lIimum(s) m ,b laimmmm, Gu individu~c, er the
STATK OF N~V YOPJt )
COtJNT~ OF )
Signature and Oflke d'
t,ndlvtdH] ..b,..._ ndmowledsnmm
** S~U, DIstt~t d'Cohimlda. Territory. ~ ec Pordgn Coan:~
S~natur~ and Offl~s er
Mdivhlufd *-id-u futknowletBmmR
VORTH EL"L'KR~RZSBB. TNC.
YTNCKNT ~. ~]'LAILtt~'~ & ]t'rL~lq I~AI/KRTY
EAGLE ABSTRACT CORP.
T~I Numl~ 3i)~,~0~0~
ALL that certain plot, piece or parcel of land situate lying and being at Bayview,
in the Town of Southold, County of Suffolk and State of New York, known and
designated as Lots No. 92, 93, 94 and 95 on a certain map ended, "Subdivision
Map, Cedar Beach Park, situate at Bayview, Town of So.uthold, New York,
surveyed 15, 1926 by Otto Van Tu,/i, Professional Engineer and Sun~eyor,
Greenport, New York" and filed in the Office of the Clerk of the County of Suffolk
on December 20, 1927 as Map No. 90, being more particularly bounded and
described as follows:
BEGINNING at a point on the southwesterly side of Inlet Way distant the
following three (3) courses and distances from the comer formed by the
intersection of the southweste~y side of Inlet Way with the southerly side of
Cedar Point Drive East;
1. South 39 degrees 18 minutes 30 seconds east, 121.04 feet;
2. South 41 degrees 05 minutes 40 seconds east, 151.05 feet;
.3. South 49 degrees 00 minutes east, 54.99 feet to the point of beginning;
RUNNING THENCE north 88 ~:legrees 00 minutes east, 90.00 feet;,
THENCE north 6g degrees 30 minutes east, 180.00 feet;
THENCE north 00 degrees 30 minutes west, 52.35 fee~;
THENCE north 58 degrees 45 minutes east 30.88 feet;
THENCE north 45 degrees 41 minutes 10 seconds east 82.g0 feet;
THENCE south 24 degrees 18 minutes east 76.58 feet;
THENCE south 62 degrees 58 minutes 40 seconds east 35.22 feet;
THENCE south 5 degrees 20 minutes 30 seconds east 61.83 feet;
THENCE south 10 degrees 35 ,minutes 10 seconds west 42.23 feet, plus or
minus, to a point on a wood bul~ead;
THENCE south 22 degrees 45 minutes 12 seconds east along said wood
bulkhead 54.29 feet, plus or minus;
ConUnuad On Next Page
THENCE south 71 degrees 14 minutes 55 seconds west All aloeg said wood
bulkhead 110.15 feet;,
· THENCE south 11 degrees 18 minutes 20 seconds wesL 80 feet, plus or ~nus;
THENCE north 75 degrees 50 minutes west, 331.87 feet;
THENCE north 15 degrees 34 minutes east, 26.31 feet to the point or place of
BEGINNING.
FOR COUNTY USE ONLY
PLEASE TYPE OR PRESS FIRMLY WHEN WRmNG ON FORM
INSTRUCTIONS: http://www, orps.state.ny, us or PHONE (518) 473.7222 ,~j~O ~.Oc] ~'
REAL PROPERTY TRANSFER REIK3RT
RP - 5217
~' ~'~ 1775
~.~. [ I Inlet Way
I $outhold f $ouchold I ]~q?l I
· a~,,N,.,, [ ~/~FlaherC~ I V~ncenc J. S Eileen I
, ,
{ 1000 - 092.00 - 01.00 - 008.0{}0 I { j
I ] I j
S~R~Y ~
A T CEDAR BEACH
TOI4/H OF $OUTHC~.D
SUFFOLK COUNTY, N
Sc~e~ I" = 40'
Oct. ~, ~997
LOT ~
LITTLE PECONIC
BAY '.
LOT ~
/
SURVEY OF ?ROP8RTY
A T CEDAR BEA CH
TOWN OF SOUTHOLD
SUFFOLK COUNT}~
1000-92-01-08
SCALE
hi58ooo~OO'E 90.00'
DR,
/
POND
.) ,
PECC NIC BAY
ii
08/21/2012 14:50 FAX ~002
Agreement
TtlIS AGREEMENT is made this da,/of August , 2012 by and between The Cedar
Beach Park Association, Inc. (the "Associatio~n") a~nd Vincent Flaherty and Eileen Flaherty (the
"Flahertys"), residing at 470 Inlet Way, Southold, New York.
W}tEREAS, the Association is to promote the welfare of the property oysters of Cedar
Beach Park with regard to the real property shown on the "Subdivision Map of Cedar Beach Park
at Bayview, filed as Map No. 90, December 20, 1927,' in the Office of the Clerk of the County
of Suffolk New York, and
WHEREAS, the Flahertys a'e members of the Association and own the property known
as 470 Inlet Way, Southold, New York (the "Flahe~1y residence"), and
WHEREAS, a survey dated, November 22, 2004, by Peconic Surveyors, P C entitled
"Survey of Property at Cedar Beach, Town of Southold, Suflblk County, N.Y. 1000-92-01-08"
shows that the garage of the Flahcrty residence encroaches on the road shown on said Map as
Inlet Way, and
WHEREAS, a portion o~' fence maintained by the Flahertys encroaches on the road shown
on said Map as Inlet Way, and
WHEREAS, the Flahertys are seeking to improve the Flahorty residence and have sought
a varmnce Rom the Sonthold Town Board of Zomng Appeals ( ZBA ) which has requcsted input
fi'om the Association with regard to the encroachment, and
WIfEREAS, the Association and the Flahertys desire to cnter into an agreement so as to
resolve the status of the encroaclmnents,
NOW THEI>,EFORE, in consideration of the mu/hal covenants and agreements set lbrth
below, the Association and the Flahertys hereby agree
That the Association grants the Flahertys an easelnent to maintain that portion of the
garage that is shown on the afi~resaid snrvey as encroaching apon Inlet Way.
That the Association grants the Flahenys a license to maintain that portion of the fence
that presently encroaches upon Inlet Way.
The Cedar Beach Park Association, Inc.
By:
IN WITNESS W}fEREOF, thc undersigned have executed this Agreement as of the day
and year first abo,/e written.
James Cun'~, President Eileen Flahe~y /~
State of New York ) "~/'~ '?'~' ' ~ "~'
SS:
County of Suffolk )
On thi~_~5~ay of August, 2012, before, the undersigned, personally appeared
VINCENT F~HERTY AND EILEEN FLAHERTY, personally known to me or proved to
me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(les), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
BETSY A. PERKINS
Notary Public, State of New York
No. 01 PE6130636
Qualified in Suffolk County_,,~/~l ~
Commission Expires July 18~ ~'--""~.../
State of New York )
ss;
County of Suffolk )
On this day of August, 2012, before, the undersigned, personally appeared
JAMES CURRAN, personally known to me or proved to me on the basis of satisfactory
evidence to the be individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s),
or the person upon behalf of which the individual(s) acted, executed the instrument.
Notary Public
Peconic Bay Region
Community Preservation Fund
Proceeds of this transfer tax are disbursed to the
Townships in which the transaction takes place for
its acquisition of land, development rights, and
other interests in propenty for conservation
purposes.
Please print or type.
Schedule A I'~fDrma~i~n Rela~k~g
Grantor i N a me (individuali I~tl fi~(i mida[~ i~i~i~f)
CEDAR BEACH PARK ASSOCIATION
[] Individual
~] Corporation Mailing address
[] Partnership
[] Other
Townships:
East Halnpton 03
Riverhead 06
Shelter Island 07
Southampton 09
Southold 10
Social Security Number
Social 5~uri~y Num~e~
Federal employer idenl, number
G r~'~ ...... ~ N-~ r~'(individual; last, ~T/~C middi~ initial) ~o~i~i ~ec~}i~y N b-~-be r - -
[~lndivldual FLAHERTY, VINCENT & EILEEN
[] Corporation
470 I~LET WAY Social Security Number
[] Partnership ......................
! City "~ ~-TFC'~fe Federal employer idenl, number
[] Other SOUTHOLD NY 11971
Location and description of property conveyed
000
Tax map designation
Dist Lot
Section Block
92 l 01 08
Address Village
470 INLET W4Y soUTHoLD
SOUTHOLD
Type of property conveyed (check applicable box)
~[ Improved
/
[] Vacant land [
Condition of conveyance (check ail thai apply)
a. - Conveyance of fee interest b. - Acquisition of a
controlling interest (state
percentage acquired %)
c,- Transfer of a controlling interest (state
percentage transferred %)
d, - Conveyance to cooperative housing
corporation
e. - Conveyance pursuant to or in lieu of
foreclosure or enforcement of security
interest
f, ~ Conveyance which consists of a mere k. - Contract assignment
change of identity or form of ownership or I. - Option assignment or surrender
organization
g - Conveyance for which credit Ior tax
previously paid will be claimed
m, - Leasehold assignment or surrender n. -
Leasehold grant
o, - Conveyance of an easement p. -
Conveyance for which exemption is
claimed (complete Schedule B. Part II)
q. ~ Conveyance of property partly withi~ and
partly without the state
r, -Other (describe)
3. Taxable consideration (subtract line 2 from line t)
4.2°/6 Community Preservation Ftmd (of line 3) otake certified cheek payable to SUFFOLK COUNTY CLERK
5. Property not subject to CPF Tax (See Scbedule C)
Schedule B - Community Preservation Fund
Part 1 - Computation of Tax Due
1. Enter amotmt ofconsideratioa fbi' the conveyance (from [Joe I TP584 Schednle B) ~ 1 T 0.0~--
2. Allowance (see below) 2 ~
[. o.oo
For recording officer's use Amount received
Date received
Allowance:
East Hampton
Shelter Island
Southampton
S250,000,00 Improved
5250,000.00 Improved
5250,000.00 Improved
$100,000,00 Vacant Land (Unimproved)
5100,000.00 Vacant Land (Unimproved)
$100,000.00 Vacant Land (Unimproved)
Riverhead 5150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved)
Southold $150,000.00 Improved $ 75,000.00 Vacant Land (Unimproved)
Schedule C (continued)
Part ]I - Explanation of Exemption Claimed in Part I, line I (check any boxes that apply)
The conveyance of real property is exempt from the real estate transfer tax for the following reason:
a. Conveyance is to the United Nations, the United States of America, the state of New York or any of their instrumentalities,
agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or
compact with another state or Canada)
b. Conveyance is to secure a debt or other obligation
c. Conveyance is without additional consideration to confirm, correct, modify or supplement a prior conveyance
d. Conveyance of real property is without consideration and not in connection with a sale, including conveyances conveying
realty as bona fide gifts
Conveyance is given in connection with a tax sale
f. Conveyance is mere change of identity or form of ownership or organization where there is no change in beneficial ownership.
(This exemption cannot be claimed for a conveyance to a cooperative housing corporation of real property comprising the
cooperative dwelling or dwellings.)
g. Conveyance consists of deed of partition
h. Conveyance is given pursuant to the federal bankruptcy act
L Conveyance consists of the execution of a contract to sell rea] property without the use or occupancy of such property or the
granting of an option to purchase real property without the use or occupa ney of such property
Conveyance or real property which is subject to restrictions which prohibit the use of the entire property for any purposes
except agdculture, recreation or conservation, pursuant to Section 1449-ee (2) (J) or (k) of Article 31-D of the Tax Law.
(See required Town approval, below)
k. Conveyance of real property for open space, parks, or historic preservation purposes to any not-for-profit tax exempt
corporation operated for conservation, environmental, or historic preservation purposes.
Other list explanations in space below (Grandfather/Contract)
m. The conveyance is approved for an exemption from the Community Preservation Transfer Tax, under Section ~449-ee of
Article 31-D of the Tax law. (See j in Schedule C)
Town Attorney or other designated official
Penalties and Interest
Penalties Interest
Any grantor or grantee failing to file a return or to pay any tax within Daily compounded interest will be charged on the amount of the
the time required shall be subject to a penalty of 10% of the amount tax due not paid within the time required.
of tax due plus an interest penalty of 2% of such amount of each
month of delay or fraction thereof after the expiration of the first
month after such return was required to be filed or the tax became
due. However, the interest penalty shall not exceed 25% in the
aggregate.
Signature (both the grantor(s) and grantee(s) must sign).
The undersigned certify that the above return, including any certification, schedule or attachment, is to the best of his/her
knowledge, true and complete. ~.,/ ·
Grantor
TP~584 (3/07)
Combined Real Estate
Transfer Tax Return,
Credit Line Mortgage Certificate, and
Certification of Exemption from the
Payment of Estimated Personal Income Tax
Recording office t me s amp
Schedule A -- Information relating to conveyance
~CH PARK AssOc ,~;ccu~r se;ulity numb~!r
[] Corporation
[] Pa( tnelship
[] E slateFrrusl
[] Other
[] EstateZT] usf
[] Off,er
FLAHERTY, VINCENT & EILEEN
055-36-9751
470 INLET WAY ~ 083~40-7720
SOUTHOLD NY 11971
Location aad descriplien of property conveyed
Tax map designation
Section Block Lot
470 INLET
92 1 8
~Y
'l~pe of preperty conveyed (check apphcable box)
I [] One~ to three-family house Dale of conveyance
2 [] Residentia! coopelatJve
3 [] Residential conderMrfium
y/viiraga Town County
JTHOLD SOUTHOLD SUFFOLK
7 [] Office building
Percentage of real property
reaJ i~roperty .~
a [] Conveyance of fee interest
h [] Acquisition of a controlling interest (state
percentage acquired %)
d I-'1 Conveyance to cooperative housir/9
corporalion
e. [~] Conveyance pursuant to or in liea of
foreclosure er enforcemen[ of security
in[ere,st (atlach Form TP-584 1, Schedu/e E)
h [] Conveyance of cooperative apartment(s)
r [] Option assignmerlt or sLmender
n [] Leasehold g~an~
p [] Conveyance to~ which exemption
Schedole ~, Part III)
q [] Conveyance ol ptopedy oartly wilI:in
and par!ly outside the `state
r [] Olher (describe)
Page 2 of 4 TP-584 (31071
Schedule B -- Real estate transfer tax return (Tax Law A~ticle 31)
a Conveyance is to the United Nations, the United Slates or Amedca lhe state of NEW York, ar any el iheir insh'umenlalities,
b. ConveyanceJstosecu'eadeb o~ohe o319a on ........................... b
c. Conveyance is without additional consideration to confirm correct, modify, or supplement a prior conveyance c
d. Conveyance of real property is without consideration and not in connection with a sale, u)¢iuding conveyances conveying
realty as bona fide gifts d
f Conveyance is a mere change of identity or form of ownership or organization where there is no change in beneficial
ownership. (This exemption cannot be claimed lei a ccnveyance to a cooperative hr)using coH}orahon of ~eal property
comprising the cooperative dwelling o' dwe nqs~ Attac ~ Four'il TP-584 1, Schedule F f
*Please make check(s) payable to the county clerk where the recording is lo take place If the recording Js to take place in New Ym'k
City. make check(s) payable to the NYC Del~artmenl o! Finance. If a ~ecording is riel required, send this return and your check(s) made
payable to the NY$ Department o~Ta~ration and Finance. dilectly to the NYS lax Department RETT Return Piocessing. PO Box 5045,
Albany NY 12205-5045.
Schedule C -- Credit Line Mortgage Certificate {Tax Law Ad/cie 1 t )
Page 3 pi 4 TP-584 (3/07)
Complete the following only if the interest being transferred is a fee simple interest,
I (we) certify tl~at: (check the app~eprlate Pox)
1 E~ Tile real property being sold or translened i~ not Sklb ecl lo an o s a ~ding credit line nlortgage.
2 [] The real property being sold o~ rahs(erred s s~ ) e ;ttc t~ Okltst~tf'du~g ,re(iii lir/e ruortgage Howevel al~ exemption f~om tbe tax
E~The Iransfer of real properly is (A) to a person or persons mia[ed by blood, maraage o~ :~doption to the original obligor or
to one or more of the original obligors or (B) to a person or entity where 50% or more of the beneficial interest in such real
E~] The transfer of real property is a transfer to atr Jstee in bankruptcy, a recerver, assignee, or oti~er officer of a court.
a [] The real propelty being transferred is subject ~a an outstanding credit line mo~tgafje recerdeci in
(insert l/her and page or reel or pti]er identification of the mortgage). The maximum principal amount of debt or obligation secured
by the mortgage is No exerqqptiof~ from tax is claimed and the tax of
is being paid herewith, (Make check payable Io coui~ty clerk whele deed wdl be/eco~ded o¢r ~f the recc~ro'~ng /s lo lake place
New York City make cbeck payable to the NYC Department of Finance,)
Signature (both the grantor(s) and grantee(s) nrust sign)
The undersigned certify glat tine above information (;ontah~ed in schedules A, B, and C including any return, certification, schedule or
Reminder: Did you coa~plele all of Lhe required infeun;dion in Schedules A. B andC~Aleyau~equimd!ocompleteScheduleD?lfyou
checkede ~orginScheduJeA didyoucompleteFounTP-~84 ?Haveyoualtachedyoutcheck(s) made payal)le to [he county clerk
where recording will take place or. if the recording is in New York Cily, t;) Ihe NYC Department of Finance? If no recording ~s required, send
your check(s), made payable to the Department of Taxation and Finance, directly [o [be NYS Tax Department, RETT Return Processing,
PO Box 5045, Albany NY 12205-5045
Page 4 ol 4 1-P-584 ¢3/07)
Schedule D - Certification of exemption from the payment of estimated personal income tax (Tax Law, Article 22, section 663)
Complete the following only if a fee simple interest of a cooperative unit is beiog transferred by an individual or estate or trust.
Part t - New York State residents
It you are a New York State resident transferor(s)/seller(s) lisled m S/;hedL~le A el F{)rm [PSS4 (m an attachment to Form TP-584). you t~ust
sign the certification below. If one or more transferors/sellers of the real property or cooperative unit is a resident of New Yod~ State each
Certification of resident transferor(s)/seller(s)
Note: A resident of New York State may still be
a deed.
Part II - Nonresidenls or New York Sta[e
I[ you are a nonresident of New York State listed as a hansfolo~/selle~ in S(:hedui( A oi Fom~ TP-584 (or an attachment to Fo~m TP-584) but
are not ~equired [o pay estimated personal income tax bec,'mso one of lbo exemptions below applies unde~ ]~]x Law seclion 663(c), check
Ina box of the appropriate exemption below If any o~o el the exemphoos below qsphes to the [ransferor(s)/seUer(s), that trans~eror(s)/seller(s)
~s not required lo pay estimated personal income tax lo New York Stale unde~ ']'ax Law, seclion 663 Each nonresident transferor/seller who
qualifies under one of the exemptions below must sign in the space provided. If more space is needed, please photocopy this Schedule D and
If none of these exemption statements apply, you must complete Form f%2663 Nomes/dent Real Properly Esl~mated Income Tax Paymenl
personal income tax. oe page 1 of Form TP-584d
Exemption for nonresident transferor(s)/seller(s)
This is to certify that al the lime of the sale or transfe~ of lhe teal property ()I cooperative unit, tile traesferor(s)/seller(s) (grante0 of this real
properly or cooperative unit was a nonlesident of New Yod< State, bul ~! nol required to pay estitlqated personal ieoome tax under Tax Law,
section 663 due to one of the following exemptions:
~The real property el coopel8live unit being sold or ~ransferred qualifies in total as the transferor's/seller's prJecipal res(decca
0810212012 16:09 MOORE LAH OFFICES ~:A,~6317654643 P.0011001
RECEIVED
BOARD OF APPEALS
PATRICIA C. MOORE
Attorney at Law
51020 Main Road
Southold, New York 11971
Tel: (631) 765-4330
Fax: (631) 765-4643
August 2, 2012
Dan Ross Esq.
Keegan & Keegan ROSS & Rosner,
315 Westphalia Avenue
Mattituck, NY 11952
LLP
BE: CEDAR BEACH PARK ASSOCIATION
ZBA HE~.RING FLAHERTY; 470 INLET WAY, $0UTHOLD
SCTM: 1000-92-1-8
Dear Dan:
In accordance with our telephone conversation, Mr. and Mrs.
Flaherty are members of the Cedar Beach Park association.
Prior owners constructed a garage in 1980s which encroaches
onto the end of Inlet Way. The Flaherty family wishes to renovate
the house and leave the garage unchanged. The Zoning Board at
today's hearing asked if Cedar Beach Park Associates would provide
a letter granting permission for the existing garage.
If the Association does not wish to send a letter, please
advise.
Very~C!~ yours,
Cc: Mr. & Mrs. Vincent Flaherty
ZBA
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
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, AUGUST 2, 2012
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code
Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the
SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road,
P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 2~ 2012:
11:30 A.M. - VINCENT and EILEEN FLAHERTY #6583 - Request for Variances from
Article XXll Code Section 280-116 and Article III Code Section 280-15 based on an
application for building permit and the Building Inspector's April 30, 2012 Notice of
Disapproval concerning permit to construction additions and alterations to a single
family dwelling, at: 1) proposed construction at less than the code required bulkhead
setback of 75 feet, 2) upon construction accessory garage will be located in other than
the code required rear yard, located at: 470 Inlet Way (adj. to Fairhaven Inlet, The Inlet
and Little Peconic Bay) Southold, NY. SCTM#t000-92-1-8
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vicki.Toth~.Town. Southold.n¥.us
Dated: July 9, 2012
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box tt79
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
FLAHERTY, E. & V
#6583
MAP #
92.-1-8
VARIANCE BULKHEAD SETBACK & YARD
LOCATION
REQUEST ADDITIONS & ALTERATIONS
DATE: THURS, AUG. 2, 2012 11:30 AM
If you ar.e intere, sted in this project, you may review the file(s) prior to
the hear, ng during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successfully cornmencing on the
26th day of July, 2012. ,~"~'~'---].~ .,/~/. ~
Principal Clerk
Sworn to before me this
LEGAL NOTICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY AUGUST 2, 20f 2
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, put
suant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning), Town
of Southold, the following public hearings
wdl be held by the SOUIltOLD TOWN
ZONING BOARD OF APPEALS at thc
Town Hall 53095 Math Road, PO Box
Il 79, Southoid, New York 11971-0959 ~m
THURSDAY AUGUST 2. 2012:
Carryover Heatings, continued from
prior meetings and pending additional th-
formation:
Adjourned from Public Hearing July
5, 2012
10:00 A.M, - ALAN FIHELLOW -
10-.20 A.M. - MURRAY GAYLORD
#6585 - Request for Variances from Ar-
ticle XXII Code Section 280-116(B) and
Article XXIII Section 280-124 based
on an application for budding permit
and the Building Inspector's June 21,
2012 Notice of Disapproval for demoli-
tion and reconstruction of single fam-
ily dwellthg, at; 1) leas than the code
required bulkhead setback of 75 feet,
2) less than the code required minimum
side yard setback of 15 feet, 3) less thau
the code required rear yard setback of
50 feet, located at: 765 Beechwood Road
(adj. to Great peconic Bay) Cutchogue.
NY. SCTM#100~1164-20.1
10:.40 A.M. - BREWER YACHT
yARD @ GRI~I~NPORT. INC. ~6581
Request for Variance from Article XXII
Code Section 280-116(B) based on an
application for buildhlg permit and the
Building Inspector's May 24, 2012 Notice
of Disapproval concerning permit to de
mulish and construct a boat storage and
office/storage building, at; 1) proposed
structures at less than the code required
bulkhead setback of 75 feet, located at:
1410 Manhasset Avenue (adi. to Slerling
Creek and Sterling Basin) Greenport,
11:15 A.M. - FRANCIS D'HAENE c
g6580 - Request for Variance from Article
Ill Cede Section 280-15 and the Build-
ing Inspector's May 21, 2012 Notice of
Disapproval based on an application for
buildthg permit for an "as built" acces-
sory in-ground swimming pool at: 1) 'as
built' in-ground swirnrcfing pool is located
in a location other than the code required
rear yard, located at: 8555 Main Bayview
Southold, NY SCTM#1000-78-9~8
11:30 A.M. - VINCENT and EILEEN
~ - Request for Vari-
ances from Article XXI1 Code Section
280 116 and Article III Code Section 280-
15 based on an application for budding
permit and the Building Inspector's April
30, 2012 Notice of Disapproval concern-
in# permit to construction additions and
alterations to a single family dwelling,
at: 1) proposed construction at less than
the code requked bulkhead setback of
75 feet, 2) upon constmcrion accessory
garage will be located in other than the
code requked rear yard, located at: 470
Inlet Way (adj. to Fairhaven Inlet,The In-
let and Little Pecohie Bay) Soutl~old~ NY.
SCTM#1000-92-1-8
11:50 A.M. CHRISTOPHER M.
~nd PATRICIA F. McCARTHY ~6582
Request for Variances from Article IV
Code Section 280q8, based on an ap-
plication for building permit and the
Building Inspector's May 23, 2012 No-
tice of Disapproval concerning proposed
construction of an addition to a single
family dwelling at, (1) less than the code
required front yard setback of 50 feet on
this corner lot, located at: 1460 Peconic
Bay Blvd. (adj. to Private ROW),Laurel,
NY. CTM: 145-2-14, 15,16
DE E - Re
quest for Variance from A~igle HI Code
Section 280-15,based on an application for
building permit and the Budding Inspec-
tor's May 1, 2012 Notice of Disapproval
concerning "as built" reconstruction Of an
accessory shed at; less than the minflnum
code required rear yard setback of 3 feet.
located at: ?250 Sigsbec Road Mattituck,
NY. SCTM#1000-144 1-202
2012.
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO, 01V0610§050
Qualified In Suffolk County
'1:30 P-M~- CO LLEEN McDONOUGH
for Variance from Article BI Code Section
280-15 based on an application for bthldthg
permit and the Bulidthg Inspector's May
15, 2012 Notice of Disapproval concerning
accessory garage will be located th other
than the code required rear yard, located
at: 27752 Main Road (Robin Road) Ori-
ent. NY. SCTM#1000-18~-21.8
The Board of AppeaLs wdl hear all per-
sons or their representatives, de~irthg to be
heard at each hearing, and/or desiring to
submit written statements before the con-
clusion of each hearing. Each hearing will
not start earlier than designated above.
F'fles are available for review during regu-
lar business hours and prior to the day of
the hearing. If you have questions, please
contact our office at, (631) 765-1809, or by
Dated: July 10, 2012
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR-
PERSON
BY: V~ckl Tot h
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-6959
10,788 1T 7f26
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~://southtowmno~h~rk.net
July 9, 2012
Re: Town Code Chapter 55 -Public Notices for Thursday,August 2, 2012
Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before July 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 all owners of property (tax map with property numbers enclosed)l 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 roils 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 dudng the
hearing, preY d n.q the returned letter to us as soon as possible;
AND not later than July 23rd: Please either mail or deliver to our office your Affidavit of
Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the
green/white receipts postmarked by the Post Office. When the green signature cards are
returned to you later by the Post Office, please mail or deliver them to us before the scheduled
hearing. If any envelope is returned "undeliverable", please advise this office as soon as
possible. If any signature card is not returned, please advise the Board during the hearing and
provide the card (when available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later July 25th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign
until Public Hearing) Securely place the sign on your property facing the street, not more than
10 feet from the front property line bordering the street. If you border more than one street or
roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your
Affidavit of Posting for receipt by our office before July 31, 2012.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Ends.
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
VINCENT & ELAINE FLAHERTY
(Name of Applicant)
CTM Parcel #1000-92-1-8
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
OF
MAILINGS
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the I ~ day of July, 2012 I personally mailed at the United States Post Office
in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true
copy of the attached Legal Notice in prepaid envelopes addressed to current owners
shown on the current assessment roll verified from the official records on file with the (
X ) Assessors, or ( ) County Real Property Office , for every property
which abuts and is across a public or private street, or vehicular right-of-way of record,
surrounding the applicant's property.
Sworn to before me this ~ ~'~>
day of July, 2012
( (No~ry Public)
MARGARET C. RUTKOWSK1
Notary Public, State of New York
No. 4982528
Qualified in Suffolk County ~
Commission Expires June 3, ~.~/...~
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.
FLAHERTY # 6583
NEIGHBOR LIST
SCTM: 1000-92-1-8
LEO & VIRGINIA ALESSI
PO BOX 123
SOUTHOLD NY 11971
SCTM: 1000-92-1-3
ANTHONLY & DANIELLE CACIOPPO
282 RYDER ROAD
MANHASSET NY 11030
SCTM: 1000-92-1-4
ROBERT I KAPLAN
BARBARA ANN KAPLAN
100 HARBOR VIEW DR, APT. 330
PORT WASHINGTON NY 11050
SCTM; 1000-93-2-2.4
SUFFOLK COUNTY
330 CENTER DRIVE
RIVERHEAD NY 11901
SCTM: 1000-92-1-8
RECEIPT
7192 6463 3110 0001 2600
FROM:
Mcore Law Offices
RE fiahert¥ zba hearing
RECEIPT
7192646331100001 2617
FROM:
Moore Law
RECEIPT
7192 6463 3110 00Ol 2624
FROM:
Moore Law Offices
RE flaherty zba hearing
RECEIPT
7192 6463 3110 00ol 2631
FROM:
Moore Law Offices
RE: flaherty zba hearing
SEND TO:
LEO & VIRGINIA ALBSS~
PO BOX 123
SOUTHOLD NY 11971
SEND TO:
ANTHONY & DANIELLE CACIOPP(
262 RYDER ROAD
MANHASSET NY 11030
SEND TO:
ROBERT I KApLAN
BARBARA ANN KApLAN
100 HARBOR VIEW DR, APT 330
PORT WASHINGTON NY 11050
FEES
Received By: (Please Print C/early)
7192 6463 3110 0001 2600
6463 3110 0001 2600
¢. Date of Delivery
Article Addressed To:
D.Addressee's Addm
JUL 17 2612
LEO & VIRGINIA ALESSI
PO BOX 123
SOUTHOLD NY 11971
City State ZIP + 4 Code
M~RE LAW OFFI(~
51020 MAIN:~iD
SOUTHOL~
A. Sign~ , ~-A~ddre_.ssee or [~Agent)
Received By: (Please Print Clearly)
C. Date of Delivery
I Suite I Apt. I Floor (Please Pd~t Clea~y)
7192 6463 3110 0001 2631
Article Addressed To:
SUFFOLK COUNTY
330 CENTER DRIVE
RIVERH£AD NY 11901
MOORE LAW OFFICES
51020 M~IN ROAD
SOUTHOLD NY 11971
Delivery? 3, Service Type
(Extra flee) [] Yes
CERTIFIED
Article Number
7192 6463 3110 0001 2624
A, Signature:
Print
463 3110 0001 2624
7192
C. Date of J
d To:
~PLAN
KAPLAN
VIEW DR, APT.
PORT HASHINGTON NY 11050
330
Delivery Address
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
In the Matter of the Application of
VINCENT & ELAINE FLAHERTY
#6583
AFFIDAVIT
OF
SIGN POSTING
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-92-1-8
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, PATRICIA C. MOORE,, residing at 370 Terry Lane, Southold, New York
being duly sworn, depose and say that:
On the~(~day of July, 2012, I personally placed the Town's official Poster, with
the date of hearing and nature of the application noted thereon, securely upon the
property, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in place for seven days prior to
the date of the subject hearing date, which hearing date was shown to be Thursday,
August 2, 2012
Sworn to before me this
-.~\ day of July, 2012
BETSY A. PERKINS
Noteq/Public, State of New York
No. 01PE6130636
Qualified in Suffolk Coun~,,.~
Commission Expires July 18.<-/w~
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
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 3, 2012
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6583 (Flaherty)
Dear Mr. Terry:
We have received an application for additions and alterations in Southold. A copy of the
Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and
survey map, project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
Encls. ~
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
July 3, 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 #6583
Action Requested:
Within 500 feet of:
Owner/Applicant: Flaherty
Additions & Alterations
( ) 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,
Ends.
Leslie K. Weisman
ZBA Chairperson
! /
SURVEY OF PROPERTY
A T CEDAR BEA CH
TOWN OF SOUTHOLD ~ 25.00, %
SUFFOLK COUNTY', N.Y. .'* ~
1000-92-01-08 '~ ~
SCALE: 1'--40'
NOV. 22, 2004 ~.~
~ TIE LINES
ALONG
,--M ,/./~// . o~ o^zsBo
wooo
~ O~
NSB'OO'OO"E
~0.00'
24.4' ~00~
i WOOD DECK
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SHO~ELIN~ AS PE~ f/ZFD M~P
AREA = I./6,3/ ACRES 1o h'e /flies
LITTLE
PECONIC BAY
INY ALTERATION OR ADDITION TO THIS SDRVEY IS A VIOLATION
)F %FC. TION 7209 OF THE' NEW YORK STATE EDUCAtiON LA~
/mT All /,~,f,qr-~ Af~F- t~FFFFCFNE',FD TO "MAP OF
N
RECEIVED
JUL 0 2
BOARD OF APPEALS
C S~U,~/L~YORS, P.C.
765-5020 FAX (6Z~) 765-~797
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
http://southoldtown.northfork-net
ZONING BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
Southold Town Hall
53095 Main Road ° P.O. Box 1179
Southold, NY 1197143959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
September 24, 2012
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
RE: ZBA Application #6583 - Flaherty
Dear Ms. Moore:
Transmitted for your records is a copy of the Board's September 20, 2012
Findings, Deliberations and Determination, the original of which was filed with the Town
Clerk regarding the above variance application.
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.
Sincere,}ff~ ~
Vicki Toth
Encl.
Cc: Building Dept.
HOG NECK BAy
t=XI TIN OOVEt ,A =
AREA LAND,AP42 OF TIDAL I,"~[ETLAND.5: .4.'~, 602 ~F=
181 E,P~ O.~E~ · LOT C, OV'*ERA~E
BO ~P, 0.1~ ~ LOT
B55 E~, I.-/~ LOT
I.~LOT
EXI~TIN~ }NALfCJflAY~ ON ~Ie. ADE, ~0-/ E~, I.& 9~ LOT COym~gE
EXI.~TIN~ DEC, K,~ ~ ~E, 2,~,~.2 .~F, .4-.¢ ~ LOT C, OVER,a~
TOTAL = 8.75~ -~F, IE,.8 ____ LBT CBVEP~SE
PP-,.OPOSED COVER. A®E
51] F- AREA LANDI, NAR. D Of= TIDAL I~ETLAND¢= 4q, 802 ~F
PIRC~PC~ R~-'~IDENTI~.
PI~OPO~ ~1~6~2R ~l'f~¥
EXI,~TIN~ ~A/t'~v~ CTRUC, fflJI~E, ~'0
EXISTIN~ &AtaA~E 5TRU~.~, ~B
I,q54 E,~, ~.q · LOT C, OVERA6~E
III 5F, 022 9~ LOT COVL-H~A~E
O.l& · LOT COVI=~E
I.'/· LOT COVER, au~
EXI~TIN~ P~OL ~TRL~TURE, E~-'/ E~F, I-~ 9~ LOT ~,OVL=I~E
TEST HOLE
BY MARK McDONALD GEOSCIENCE
NO SCALE SOUTHOLD, NEW YORK 11971
TEST HOLE DATA (5/20108)
2FT. MIXED SAND. LOAM. GRAVEL
4 FT. MIXED SAND
9 FT. WATER IN MIXED SAND
WATER IN BROWN
56 FT~ CLAYEY SAND SC
WATER IN BROWN
FINE TO MEDIUM SAND SP
62 FT,
COMMENTS: WATER ENCOUNTERED 4'
BELOW SURFACE
DRAINAGE CALCULATIONS FOR AREA OF NEW ROOF DW-A
~ P~I I ~ x f~.AINF~J_ x RUNOFF= P~TOf~
2~1~'/E~ x (2/12 FT.} x 1.0 - ~=t~ CU. Pr.
IJ~~', (~) ~' DI.a~=~-~ x 4' HI~=~-I POOL
(~) ~' X 4' ~TOf~f Df~klN P, IN¢9 = ~ CU. FT.
DRAINAGE CALCULATIONS FOR AREA OF NEW DRIVEWAY DW-B
~ P~! ! ~ x F~IN~,N.I. x ~ PA~,TO~
E~42 ~ x (2/12 PT,) x 1.0 = I0~-/CU.
IJ~E: ('/) ~' DI~-TL=~ x ~-' HI~gH fR30L
('/) ~' X al-' ~TORt, I E:;~&IN t~lN~ = IIE~2 GU. FT.
11~2 CU. FT. ) 105'/C.U, FT.
S?8.
81TE DATA
SCTM #
PROPERTY:
ADDRESS
OWNER:
SITE:
ZONING:
SURVEYOR:
1000-92-01-08
470 Inlet Way
Southold, NY 11971
Eileen and Vincent J. Flahertv
10 West St., New York, NY 10004
90,094 sf = 1.15 acres
RESIDENTIAL 40 (R-40)
PECONIC SURVEYORS, P.C.
P.O. BOX 909
1230 TRAVELER STREET
SOUTHOLD, N.Y. 11971
(631) 765-5020 FAX (631) 765-1797
LICENSE# 49618
DATED 11/22/2004
MAY 3, 2011 (TIDAL WETLANDS LOCATION)
LOCATION MAP
EXICTIN~ PIALK--.JflA*(~ ON ~f~kDE, ~0-/ ~:=F, I.~ 9~ LOT
~ISTI~ ~ ~ ~E, 2~2 ~, 4.~ ~ ~T ~ ~
OF TIDAL ~TLANDS AC PELINEAIbD
~ ~ BY 5UFFOL~ ENVIRONMENTAL GONSULTINe, -
DRI~ ~OIN~ lNG. ON APRIL 2&, 201)
PARKING A~A
ENVI~N~NT~ CONDULTIN~, EX DTIN~_
INC. ON A~IL 2~, ~OII ~lhl~ ~OLE BOCCI
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:::::::::::::::::::::::::::::::
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DRI~WAY ...............
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N
LITTLE
PECONIC BAY
GILT FENCE DURIN~
GON~TRUGTION
EXICTIN¢ RE¢IDENC, tE TO
f~ENOVAit=D AND ADDED TO
RECEZVED
JUL 02 2012
BOARD OF APPEALS
SI PLAN
BY' ~UFFOLK-. EN¥1RONHENTAL CONSULTINg,
SCALE: 1" [] 20'-0" INC. ON APRIL 26, 2OII
REGULATORY APPROVALS
REVISIONS
~,~o/l.2 POI'~",,N ROOF
O
1010
DRAWN BY:
UT
CHECKEO BY:
TS
DATE:
6125112
~CALE:
1" = 20'-0"
SHEET TITLE:
SITE PLAN
SHEET NO.:
1
WEST ELEVATION
SOUTH ELEVATION
EAST ELEVATION
A
NORTH ELEVATION
HALL
FLOOD ZONE "AEC"
FLOOD ZONE "X"
11'-5"
~ALK-IN CLODET J[
SECOND FLOOR PLAN
I
I
FIRST FLOOR PLAN
IO'-IO"
~r
ii
II LIViNG[I
II ~oo~ II
II
II
II
RECEIVED
JUL ~: 'II': r
BOARD OF APPEAL.
REGULATORY APPROVALS
Z
1010
DRAWN BY:
TS
CHECKED BY:
DATE: 6125/12
SCALE:
1/4" = 1' - O"
SHEET TIldE:
PLANS
AND
ELEVATIONS
SHEETNO: