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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 Page 2 of 4 - Mayl 6, 2013 Amended 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 Page 3 of 4 - May 16, 2013 Amended 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. Page 4 of 4- May 16, 2013 Amended 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 [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. MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 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 MODERN SHORTH~ND REPORTING AGENCY <631) 421-1602 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 1 2 3 4 5 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 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. MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? MODERN SHORTH~LND REPORTING AGENCY (631) 421-1602 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTN3LND REPORTING AGENCY (631) 421-1602 1 2 3 4 5 6 7 9 10 tl 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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? MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORT~AI~D REPORTING AGENCY (631) 421-1602 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 17 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 19 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Pa~e 20 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 MODERN SHORTHAND REPORTING AGENCY (631) 421-1602 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 ~6~2,~% ,:o T ~ ¢¢4 Nz~6.~.' ~ 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 BALL COURT / ~ o~ ~Loo~ zo~ ~T ~ x '*'"*'*'~'*'*'*'"'"' ~hl~ ::::::::::::::::::::::: .;<~ ..... >>>;<.;<-' ,<<.>; ~RRACE ~ % ~ P'~ L ~ ~ ' Ag~ITION :::::::::::.:.~:;>:<.:<.>:. BALEB * 51LT ::::::::::::::::::::::::::::::: FLOOD ZONE ~ lO :<<<.>:.>:,>:.:,:.>:,> DRI~WAY ............... ~ EXIS~NG NE~ D~Y~LL~ t WOOD DECK FLOOD zo~ LOGATION O~ ~ANITARY ~H 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: