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1000-52.-5-9
OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 lVIAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: January 3, 2012 Re: Coastal Consistency Review for ZBA File Ref. 6530 - Louis & Elizabeth Mastro SCTM#1000-52.-5-9 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 On November 29, 2010. The action was recommended as CONSISTENT with the LWRP. The recommendation still stands with the following comment: It is recommended that the 10' diameter leechinq pools be relocated landward of the dwellin.q to maximize the distance to the water body to the qreatest extent practicable. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 5,2011 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6530 MASTRO, Elizabeth & Louis 1000-52.-5-9 Dear Mark: We have received an application for demolition and construction of a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesli~ ieis~ Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Nov. 23,2011 TO: Louis & Elizabeth Mastm 25C0mpass Lane, Levittown, NY 11756 Please take notice that your application dated November 9, 2011 For permit for demolition & construction of a single family dwelling at Location of property: 1595 Bayview Ave., Greenport, NY County Tax Map No. 1000 - Section 52 Block 5_ Lot 9_ Is rctumed herewith and disapproved on the following grounds: The proposed demolition & construction, on this non-conforming 9,148 sq. f. lot in the R-40 District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The site plan shows a setback of approximately 32' f~om the bulkhead. In addition, pursuant to Article XXIII, Section 280-124, non-conforming lots, less than 20,000 square feet shall maintain a minimum side yard of 10' feet; the site plan shows 7.9' feet, and both side yards shall have a total of 25' feet; the site plan shows approximately 18.5 ' feet combined side yards, and a rear yard of 35' feet; the site plan shows apEr_oximatel¥ 34' feet to the high water mark. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. cc: ~e, Z.B.A. 1.4 14 OA(C) 2 n NOTICE ~ COUNTY OF SUPI ................. I ~'i~e.~=~l Real Property Tax Se, Fee: $ Filed By: Assignment No. ] APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1595 Street Bayview Ave Hamlet Southold SCTM 1000 Section__52 Block 5 Lot(s). 9 Lot size 9,148 Zone R40 l (WE) APP. E~L T][IE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED II[0~._~[lll BASED ON SURVEY/SITE PLAN DATED ~!ll/ll . Applicant(s)/Owner(s): Louis &Elizabeth Mastro Mailing Address: 25 Compass Lane, Levittown, N.Y. 11756 Telephone: 516-465-1300 Fax: Email: mastroliz@gmail.com NOTE: In addition t~ the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Louis &Elizabeth Mastro for[Tklwne~Dther: Name of Representatlve: 25 Compass Lane Levittown, N.Y.11756 Address: 516-465-1300 Telephone: Fax: Email: mastroliz@gmail.com Please check to specify who yOU Wr~ correspondence to be mailed to, fror~e above names: [~-]Applicant/Owner(s), ]]Authorized Representative, I IOther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN . DATED aud DE D AN APPLICATIONYOm IBuilding Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use E P ermit for As-Built Construction Other: Provision oftheZoning Ordinance Appealed. (lndicateArticle, Section, Subsectlan of Zoning Ordinance by ~u0aber~. D.o~n. gS,quo!.e the code`).~ Type of A~p.,peal. An Appeal is made for: ~ Variance to the Zonlng Code or Zonlng Map. L-~ Variance due to lack of access required by New York Town .Law- Section 280-A. I ]Interpretation of the Town Code, Article Sectmn [-']Reveraal or Other A prior appeal [~]has, [] has not been made at any time with resnect to this propert3,, UNDER Appeal No(s). 495 Year(s). Au_oust lg. 1~{~2 , (Please be sure to research before completing this question or call our ojfice for assistance) Name of Owner: ZBA File # 'REASONS FOR APPEAL (additional sheets ma[' be used with preparer's signatttre): ARE.4 VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house will be in the same location as original house. The setbacks will stay the same. The neglected house will be altered into a safe home that will enhance the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The wi~of the lot is to narrow. (3) The amount of relief requested is not substantial because: We are matching the original setbacks. We would like to repair, replace as needed and add addition to the existing cottage. (4) The variance will NOT have an adverse effect or impact on the physical or environmental condifions in the neighborhood or district because: It is a single family dwelling (5) Has the alleged difficulty been self-created? E~Yes, or E~N~ Are there Covenants and Restrictions concerning this land: [~]No. [ ]Yes (p/ease fi, rni.~h cop~,). Tbis 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 communi~. Check this box ~ IF A USE [~4RL4NCE IS BEING REQUESTED, :IND PLEASE COMPLETE THE ,4 TY~4CIIED USE ~4RIANCE SHEET: (Please be sttre to eonsult your a~orney.) Sig~ture of Appellant or Author~ed Agent Sworn Io before me this ~ NotaJ y Public ~ O ~ -~ N~ 01GA6~980 ~', Page 3 Assigned Application No. Application by: Office Notes: Port B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). La6 e,.~.e $~6~, ~r~ ~-o IL"~ bkR. 6c-r T~ pl~.~:~ec~ 2. The alleged hardshlp relating to the property is unique because: We are deprived of all economic use or benefits from the property. 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: Prive, t~home 4, The request will not alter the essential character of the neighborhood because: The house will be single family 5. The alleged hardship has not been self-created because: The hardship has been self-created. The cottage is uninhabitable condition. 6. This is the minimum relief necessary, while at the some time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) We would like to replace, add, remove, repair as needed to make the cottage more save. Due to current economics coedition the cost to build a new home will be grated than Es ultimate market. As a result, we are seeking to redirect the project towards repairing the existing structure, 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) We will respect all of our neighbors. (J~l) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Pleose consult your offomey.) Otherwise, please proceed f~f~e si.clnature and notary area below. Sworn fo before me this - (Notary P~ul~l,ci 1 NO. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA A. pp 9t30F02 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Louis & Elizabeth Mastro Date Prepared: 12/5'/2012 I. For Demolition of Existing Building Areas Please describe areas being removed: REMOVE EXISTING ROOF ON THE DWELLING TO ALLOW FOR NEW 1ST FLOOR ADDITION WITH COVERED FRONT PORCH WITH ATTIC. II. New Construction Areas (New Dwelling or New Additions/Extensions): Diraensions of first floor extension: 19.33 X 16.02' Dimensions of new second floor: ATTIC ONLY Dmaensions of floor above second level: NONE Height (from finished ground to top of ridge): 2T-6 1/2" Is basement or lowest floor area being constructed? Ifyas, please provide height (above ground) measured from natural existing grade to first floor: matching existing 1.68' GRADE III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if ncccssmy) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: EXISTING ONE STORY SINGLE FAMILY DWELLING. ENLARGED 1ST FLOOR WITH NEW CELLAR UNDER THE NEW ADDITION, STAIRS, COVERED Number of Floors and Changes WITH Alterations: EXISTING ONE STORY,1 st floor addition w/lst floor alterations with new covered entry/porch, with new attic space, cellar under the new addition with cellar stairs. IV Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on 3'our property: 851 SF single story dwelling. Shed 165SF Proposed increase of building coverage: 1st floor: 296SF Entry/Porch: 210SF Square footage of your lot: 9,1488F Percentage of coverage of your lot by budding area: 16.6% V. Purpose of New Construction: PRACTICAL DIFFICULTIES. HOUSE IS TO SMALL VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): FLAT SLOPE, OPEN AREA Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of $outhold'$ Cod~ of Ethi~ prohibits conflicts of interest on lhe oart of town officers and erntflov~s. The onr~se of this form is ~ orovide information which can alert thc town of oosz~le conflicts of inh~t and allow it to take whatever action i~ nece~sar~ to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trastee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town 6fficer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ if you answered "YES", compIete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southo]d ~ Title or position of that person ~ Describe the relationship between yourself(the applicant/agendrepresentative) and the town officer or employee. Either check the appropriate line A) tbe0ugh D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o'r child is (cheek all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant isa corporation); B} the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or --D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this ,~ dayof iD$Cg~tlSr~ 201~ Signature ~.e,~...,J4~ b.~o~atx.o- Print Name ~-gO ~t_tZ &f3 fit ~ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premise~ listed on the real estate market for sale? Yes xtr No Are t~here any proposals to change or alter land contours? ~r No Yes please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses.9 ~'0 2.) Are those areas shown on the survey submitted with this application? X~ ~ S 3.) Is theproperty bulk headed between the wetlands area and the upland building 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? "4 El Please confirm status of your inquiry or application with the Trustees: 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? ~b,~O Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? l~O 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? ~X~ 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 and the proposed use %~.~ ~ ~ ~1,~,~ ~0~1 ~X~ [ ~D~C~ ~ ~1~( . (ex: exist~g s~gle family, proposed; s~e wi~ AuthOrized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be campleted by the applicant for any special use perrMt, 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 distric~ .4ll applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- tn and 239-n of the General Municipal Law. 1) Name of Applicant: LGg~% o, ~Lt?_.lk~Tet [M~ 2) AddressofApplicant:|~clS I~i%~,UI~-iM ix. VC~. ~THOL~, 3) N~e of Land Owner (if other than applic~t): 4) Ad~essofL~dOwner: ~ ~0~ ~6 ~OtT~ M~ 5)DeschphonofPropos~Project: KEN0~T}o~ ~ ~0 ~$~ T~ 6) Location ofPrope~y(road =dt~map n~ber): ~qqtg~ NV~- ~OO0 - ~&- ~- q 7) Is the parcel within ~ agricultural district.'? ~o ~ Yes If yes, A~cult~al District Number 8) Is t~is parcel actively f~ned7 ~o ~Yes 9) Name and address of any owner(s)of land within ~e agricultural district containing active fa~ operation(s) located 500 feet of the bound~ of the proposed project. (~fo~ation may be available t~ough the Town Assessors Office, Town Hall location (765-1937) or from ~y public computer at the Town Hall locations by viewing the parcel numbers on the Town of SomhoM ReM Prope~y Tax System. Name and Address (Please u.se back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. O Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actidh on their farm operation. Solicitation will be made by supplying a copy of tliis 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 appllcgnt at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. I 14-09 IPROJECT ID NUMEER PART 1 * PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for U[~LISTED ACTIONS Only { To be completed by A 3ficant or Project Sponsor) z PROJECT NAME Cse,~ ~U ~: F 0~- ~. SEQR 4. PRECISE LOCATION: Street Addess and Road intersections, prominent [andre-arks stc -or provide mad Po ~- CH 7. AMOUNT OF L~NO AFFECTED: lnilJa[I,y acres Ultimately acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RE~STRICTIONS~ J~Yes [] NO If no. desm'idebdefly; W/p-- dOl~'L ¥'~c3,J,.~. ~. ~:,~,~ b,.~d~.. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose asman¥ as apply.) F'lA0,icu,te,. E~ Other (describe) 10 DOES ACTION INVOLVE A PERMIT A,°PROVAL, OR FUNDING. NOW OR ULTIMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. State Or Local) J-"JYe$ r--'~JNo If yes. list agency neme el}d / 11 DOES AI~_ASPECT OF THE ACTION HAVE A CURREnTLy VALID PERMIT OR APPROVAl.? E~Yes ~.JNo If yes, list agency name and bermit I appFt~al~ J I~,~eSsA ~]SUi~LT OF PROPOSED ACTION WILL EX1STING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be comt~!eted by Lead A~lenc)~ A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 if yes, coordinate ~3e review process and use the FULL EAF. r--~ yes r--]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN g NYCRR. PART 617.6? ff No, a r~gatlve C. COI~ LD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answers may be handwritten, if legible) C1, Existing air clual~, surface or g~cendWater quatity or quantity, noise isveis, exislJng traf~; pattern, solid waste production Or disposal, potur~Cal for erosion, drainage or 0oodiog l~obidms? Explain briefly: ascetic, agff~ultoml archaeological, historic, or other natural or cull:ual resources or community or neighbothcod character? Explain brid~ C3 Vegetation ~r fauon fish shel fish o~ wildlife species ~gnJflcant hal~Eats. ~ rea~d ~-endange~e~ species ! , q v opm eh, or re ated activlt!~s likely tO ha ti~duced by the pr~posed'~il~n? ~xp!ai" I~ ~'i ........ D. V~LL THE PROJECq' H~VE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA l~? ~if ,i/esI expisla E. IS THERE. OR tS THERE LIKELY TO BE. CONTROVERSy RELATED TO POTENTIAL ADVERSE ENV RON~ENTAL IMPACTS? If~ exp~in: 1 PART III - DETERMINATION OF SIGNIFICANCE {To be ~mpleted by Agency) INSTRUCTIONS: Foreachadversee~estidentit~edab~ve~determinewhetheritissubatanita~iarg~mp~rtant~r~he~visesigni~cant Each effect should be assessed irt connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (¢) duralion; (d) irreversibility: geographic sc~pe; and (t) magnitude, If necessary, add a[tachronnts er mf~rence suing malerials. Ensure that explenagons contair~ sufflc~er~ detall to show ~hat alt relevant adveme Impacts have been idontit'md and a~y a(idressad, lt~j~sllon d of part ii Was checked yes. the determination of signirmahce must eyaluate the 1~3ten§alimPac~ bfthe I~oposad action err the environmer~al characteristics of the CEA. EAF and/or prepare a posilk~ declaration. determination. Name of Lead Agency Date T~Ue of Responsible Oti*lcer Signature of Responsibte Officer in Lead Agency Signature of Prepare~ (If different from ~espon$ible officer) Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit; and other ministergal permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Sect/on 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 achon 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 Planmng Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# 52 - 5 - 9 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. ~-~ Building Dept. ~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Needs a Variance Enlarge the first floor (north east comer of the house) with new attic space. . Removing, replacing, and adding as needed to restore any deteriorated wood. Covered ent:ry/porch. Cellar with outside stairs. Locationofaction: 1595 BAYVIEW AVENUE, SOUTHOLD, N.Y Site acreage: 0.21 ACRES Present land use: SINGLE FAMILY Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the followmg information shall be provided: (a) Name of applicant: LOUIS & ELIZABETH MASTRO (b) Mailing address: 25 COMPASS LANE LEVITTOWN, N.Y. 11756 (c) Telephone number: Area Code ( 516) 465-1300H OR 516-428-6018CELL (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances 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 m - Policies; Page 2 for evaluation criteria. [~Yes [] No ~-] (Not Applicable - please explain) To remain a single family dwelling. The action will improve the deteriorated condition of the dwelling. It will enhance the value of the community character. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) Not historic site. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 111 - Policies Pages 6 through 7 for evaluation criteria [~ Yes [] No ~ (Not Applicable - please explain) Utility, cable, phone wires will run under the ground Landscaping will be planed, cord grass, evergreens. Native planting will be used. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes~l~ No ~ (Not Applicable - please explain) Hay bales and silt screen has been placed on the water side. Not in flood area. All vegetation is 10' above high water level. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No [-~ (Not Applicable - please explain) Rain leaders, gutters and dry wells will be install. No fertilization or pesticide is used at the site. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~[ Yes [] No [-~ (Not Applicable - please explain) Silt screen, hay bales are placed in front of the sea wall. Maintaining existing vegetation. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 111[ - Policies Pages 32 through 34 for evaluation criteria. See Section llI- Policies Pages; 34 through 38 for evaluation criteria. [~ Yes ~ No [] (Not Applicable - please explain) Energy efficient heating system will be installed. Solar system for hot water and electric will be installed. Energy Star applaiances. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section llI- Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~-~ (Not Applicable- please explain) Dumpsters will be used to remove the building material, waste from the site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No ~ (Not Applicable - please explain) Priv&~Property. The existing visual access of the pond will not change, Because maintaining existing location. Attach additional sheets if necessary Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in s~uitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~Yes ~ No ~ (Not applicable- please explain) Dry wells will be installed for all roof runoff Fishing, swimming boating, wildlife viewing will not change. The access to the water will not change. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No ~-~ Not Applicable - please explain Not using fertilization or pesticide application. Preserving native plants and wetlands. At~ach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~] No [] Not Applicable- please explain RESIDENTIAL R-40 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. --[~[,Yes [--] No ~'~ Not Applicable - please explain Solar power for hot water and electric will be installed. _ :-.,...-~. ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STRE~ I :_, ' WLLAGE LO* ,j'"~ ~ ~0 E DISTRICT SUB. ACREAGE S W TYPE OF BUILDING !~Z~ ~'~t £t~c~.Q_ RES. o~/0 'Vi SEAS. VL FARM COMM. IND. J CB. MISC. Est. ~Akt. Value LAND IMP. TOTAL DATE REMARKS (~ ~ (~ AGE NEW NORMAL Farm Acre Tillable Tillable 2 Tillable 3 Woodland · ' · " h ~ .... ,~' BUILDING CONDITION U / /C .~,ow ,.ov~ ~,o~ o~ w~. ~ ~ / j- Volue Per Acre Volue FRONTAGE ON ROAD BULKH~D J / ~ ~ I t Total Swampland Brushland House Plot 52.-5-9 11/10 M. Bldg. Extension Extension Extension Breezeway j Garage Foundation ?.g~ement Walls Place Patio Driveway Dormer Porch~ Rooms 1st Floor ! ' Rooms 2nd Floor New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY (~ Stony Brook 50 Cimle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0403 · Fax: (631) 444-0360 Website: ~vw.dec,nv.aov LETTER OF NO JURISDICTION TIDAL WETLANDS ACT Alexander B. Grannis Commissioner April 16, 2010 Louis and Elizabeth Mastro 25 Compass Lane Levittown, NY 11756 Re: DEC# 1-4738-03961/00001 1595 Bayview Avenue Southold, NY 11791 SCTM# 1000-52-05-09 Dear Mr. and Ms. Mastro: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The portion of the referenced property which is located landward of a functional and substantial man-made structure (a concrete seawall) greater than 100' in length, constructed prior to 8120177 as evidenced on Aerial Image Resources Photograph Exposure~ 72-202land as shown on the survey revised by Laurence Michael Haynes on February 17, 2010, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised, however,.that no construction, sedimentation, er disturbance of any kind may take place seaward of the tidal ,,~etlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your .project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. / erely, // .." Laura J. Scovazzo/;:' ~ v / Permit AdministratOr ~/ sla cc: MHP Steve Christiansen 4Years o~st. ewardship 1970-2010 TOWN OF $OUTHOLD BUILDING DEPARTMEN'~ TOWN CLERK'S OFFICE: $OUTHOLD, N. Y. CERTIFICATE OF ocCUPANCY No....Z.....3.~.7.~ ............ Date ........... '.':.~UgU~t..~.~.~ ................... , 19....68 THIS CERTIFIES that the building located at ].~i.~5..~/~J..JjJllt;~/~;L~J..Jy.~ ...................... Street Map No...B..~.e,.,~, ...... Black No .......................Lot No. 5.~&.l~J..,Gl~ee~t~,...E~...'~.~i~ ......... Haven conforms substantially to the Application for Building I~ermit heretofore filed in this office dated ..................... ~g.o..e....,2.~.~ ........................... 19..,6..~.. pursuant to which Building Permit No. dated ............~...~..~.e.....2..4..t .......................... 19...6...8., was issued, ohd conforms to oil of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ........... p..~.;l,.~.~.~e...~llet., ian~ ~ .y:... d~aelling. ...... laddtLi~l,en) ...................................................... The certificate is issued to .......... ..H..e...l:.e...~......r~......°lJ~P..~...°.[l.....J.l:~ft..l!~~,), ..................................................... (owner. lessee or tenant) of the aforesa'id building. 3, Nature of ~rk (check which applicable): New Building .................. Addition.....~" ........ . .... Alteration .................. Repair ..................Rem,-,-,-,-,-,-,-,-,-~v.a~ ............. Demo, ition .................. arbor Work (Describe) ........................................ 4. Estimated Cost ............................................................ "~/~ Fee ..., ..................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ........... ~. ............... Number of dwelling units o~ each floor ............................ If garage, number of cars ............................................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of ~ach t~pe of use ............................ 7. Dimensions of existing structures, if any: Front ....... ..~.~.. .............. Rear ........... ~..5 ............... Depth ....~..~...i. ...... Height ...... /....~.....~. ....... Number of Stories ................................................................................................................ Dimemions of same structure with alterations or additions: Front ...~..~. .......................... Rear ~ .............. ...... ~IG · / / . De~ ...~. ..................... He,gbt ............ .~... ........... Number of Sto,~ .....I. ......................... e. Di~ens~ o[ ~t~re new aon~ction: F~t ...... ../.~. ........................ I~r ........ ./.~. .......... ~... ~th .../..~ ............. Height ....~..~.. ........ N~be~ ot Stories ..................................................................... .~ ............................................... 9, Size of lot: Front ......... ~-~'t .........Rear ............ ~1...~ .................. Depth ................ .~.. .......... ~0. Bte of purchase ............. './.~. ................................ ~, of Fa,er O~er ...~.&...,~.~. ................ Z0.e ~ use ~,str,ct in wh,cb pre'm,~, or. s,,uated ........" '"-- ----~...;.....~Ce.~..~.O.~.~.~.~ ............. ' ...........~. ................ 12; Does proposed Con~tr~ctiPh vJoyte, i , _..-eg__ ~.~ , M .~s /1~ ~..~anY zoning low, ordinance ~?l~ula~on? ......... ...~.~....., ...................................... Nome Nome of Arc tect ...................................................... Address ,...~ .............. ,.....,.,., ......... ,~... Phone No ..................... No.~ o~ Con,cter~.,,~.....~ ............. ^~re,~.... .......... ~:...~...:../....~a~ PLOT DIAGPu~M Locate clearly and distincHy all buildings, whet~mr existing or proposed, and indicate all set-bock dimensions from property lines. Give street and blcck number or description according to deed, and show street names and indicate s~[^u~ °~c~.,~..°.".~: ........ ~....}.s:~.. ~. ........................................... ~ ........... ,....~ .................................... ~ing duly sworn, d~s aed says t~¢ he is t~ ppplifont (Name of individual signing applic~ion) .above n~med. He is the ......................................................................................................................................................... (Contractor, agent, co~orate officer, etc.) of ~id ~r or ~ners, a~ is duly authorized to perform or h~e performed the ~id work and to ~ke ~d file ~hls opplJcati~; that ali statements contoin~ in this ppplicati~ are t~e to tbe best of his ~edge and ~lief; and that the ~rk will ~ perfo~ in the manor sat fo~h in the opplJcati~ filed therewi~. Swam to ~fore me this ......... ~..~..... ~ of ...... ............................. TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No..~.,11...~6 ........... Date ................... 0~,tobe~......l~. .......... , 19..6-~1.. THIS CERTIFIES that the building located at ....I~/f.~.....~i]~..Ti/.4.~..AV~. ...................... Street ~mmerhaven Mop r~o ....................... Block No....X.::~ ......... Lot No .....~'~..&.6Oi...~m~en~ort ..................... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................... Jtllle.,..,..l~ ..................... 19..6~,. pursuant to which Building I~ermit No...~..[[t3~) dated ....................... .~.l~l'%e.....~ .......... , 19....~1 was issued, and conforms to all of the requirements of the applicable provisions of the Jaw. The occupancy for which this certificate is issued is .......... ........... l~.£=ate...one..ta...~.l.~,.d, wel~&ng. ................................................................................... This certificate is issued to ...Heler~..F.r,,Wm....H...&.:mar.~..,~h~ml~sol~.....:...O~e~ .............. towner, lessee or tenant) of the aforesaid building. Building Inspector FOP.,M NO, ~ TOWN OF $OUTHOLD BUILDING D£PAR'I'MENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at .J~.~Ik~...g~.,.~...JJ,l~.-%~.~..l~, ...~.~..t ....... Street Summer Haven · BouthoXd Map No ....................... Block No ...... .e.~.~ .......... Lot No.S.9..,~...~..O. ..................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ................................. .~..~.~.e....~..2. ................. 19...~...~.. pursuant to which Building Permit No ..... ,.~.....~..~..~. 9 dated ....................... ..~.,~..~...e... [.,2. .............. ] 9...,.6..~ 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 .......... This certificate is issued to HeJe~ F** ~* H. a~ ~Ey ~SO~ ~E~ (owner, lessee or tenant) of the aforesaid building. Building Inspector. ~ICTION Or TIIE ZONING BOARD 'OF APPEALS Dated AU~J~II~t 16. 1962 ACTION aP THE ZONING BOARD OF APPEALS OF T~IE TOWN OF SOUTHOLD Helen P. To ~ ~1, B~ 47A, Colony Rd. & Ba~lew Avenue ::outhold, h~ York $~er linen '~',uguet 30, 1962 DATE . ................................. Appellant at a mectil~g o£ thc Zoning Board .of Appeals onR~lgUat ]0, !962, T~l~rs~q~y Lh.e appeal }. SPEC]AL EXCEPTION. By resolution cf the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .......................... Section ......................... Subsection ....................... paragraph ...................... of the Zoning OrdLmancc. and thc decision o! the Building Inspector ( ) be reversed ( ) be 7:30 P.M. (E.D.S.?.}, upon &pplicatio~ of Helen F, 'l'homp~on, aayvI~ Avenu~ 0 Southold, l~'e~ York, ~or a variance in accordance ~elth the ~'onin9 Ordinance, Article *ri/, 8~tlon 300, /t~bdivteion 7, £or ~gmlsalon to erect an accessory stogage building In the front ~&rd of hex' px'op~xt7o l~ocatlon o~ pro~ty~ ~ts 59 and 60, ~ "~r area", louthold, ~ Yet, b~n~d no~ by D. ~, Bunged, east by ~1~ tvenue, IoutL b7 $1edJe~ly ad ~e.t by ~lh~que ~d. ~. VARIANCI~2 B~ resolution of tile Board it was determined that ia) Strict application of the Ordinance i wauld,(would not) prodt~ce practical difficulties or unnec- essary hardship because /,) The .bardsi~ip created (is) (is nod unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this t~ropcrty aml In the sam~ us~ district because (c~ Tht var!ante Idocs/ !does not~ observe thc spirit of thc Ordinance and (would) (would not~ SEE Ilg. VI~RSF from front) ~fter investigation and lnepectior~ the Board finds that this varlance eppllcatlo~ is for permission to erect an acceeso~ building - t/~e original application was for a shed type building 8 ft. by 12 ft. and amended t~ read 10 ft. by 16 ft. gar,~ge - on the fro~:t y~rd sectlo~ of the property. These ~remAsee are waterfront area and all residences having waterfront are constructed near the wate~ leavin~ a front yard from el~proxlm~tely 75 feet to I00 feet. It is not ~oselble to erect garages on the rear or waterfront yard. The residences /n~edlately to the north have garages eit~er on t/~e road or a few ~eet back fro~ the street property line. There are no neighborhood ob~ectlon, to a ~arage for property. The applicant proposes to erect a garage ~bout 83 feet from the road and no lees than 8 feet from the north property 11ne. The neighboring proper'c/es end the general netghbor~.ood would not be adversely affected and a garage at the site selected would be in harmony wlth ~;e general purpose and intent of the zonlng plan. it w~e RESOLVED that Helen F. Thom4~on be granted l~rmleelon ~o erect a garage 10 ft. by 16 ft. on her property on Bal~tew avenue, S~mmer W~ven~ Sout~old~ 83 feet from the f1~t property 1/ne end no loser than 8 feet to the north property line. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2011 ZBA FILE: 6417 NAME OF APPLICANT: Louis and Elizabeth Mastro SCTM# 1000-52-5-9 PROPERTY LOCATION: 1595 Bayview Ave., (adj. to Arshamomque Harbor) 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 [I 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 October 20, 2010 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: This application was referred for reviewed 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 his reply dated November 29, 2010, 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: Subject property is a non-conforming 9,148 sq. ft. lot in a R-40 zone, it is improved with a one story dwelling with attached room and an accessory detached garage. The property has 50.00 feet of frontage on Bayview Ave., 188.00 feet along the southeast property line, approximately 50.00 feet along Arshamomque Harbor and 184.00 feet along the northwest property line as shown on the survey prepared by Island Wide Land Surveyors, dated last update Feb. 17, 2010. BASIS OF APPLICATION: Request for Variance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspector's June 14, 2010, amended September 8, 2010, Notice of Disapproval concerning proposed demolition and reconstruction of a new single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of I0 feet, 3) less than the code required total combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant proposes to demolish the existing dwelling and construct a new dwelling requiring a 26 foot setback from the bulkhead where the code requires 75 feet, a side yard setback of S.1 feet where the code requires 10 feet, a combined side yard of 15.5 feet where the code requires 25 feet and a rear yard setback of 30 feet where the code requires 35 feet. Page 2 - January 19, 2011 ZBA File#6417 - Mastro CTM: 1000-52-5-9 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on December 30, 2010 submitted a plan increasing the setback to 34 feet from the bulkhead, 10 foot side yard, 22 feet combined yards and a conforming rear yard setback, thereby bringing the plan into more conformity with the codes. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application September 23, 2010, December 2, 2010 and January 6, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1}. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Locating a proposed new dwelling at a minimum of 40 feet from the bulkhead and restricting the width of the house to 28 feet excluding the steps and entry way to the basement located on the northwest side of the house, will make the positioning of the new structure more conforming to the code. The proposed new dwelling will replace an uninhabitable and neglected house with an attractive and safe home that will enhance the neighborhood. 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. Due to the narrow (50 feet) width of the subject property, an area of 25 feet is conforming with respect to the side yard setbacks. Additionally the lot is adjoining Ashamomque Harbor with an existing bulkhead. The code requires that the building be setback 75 feet from the bulkhead. However, the required placement of the sanitary system in the front yard limits the applicant to constructing a house no closer than 85 feet to the front yard. These restrictions will limit a new dwelling to 28 feet in length. Therefore, the Board finds that no reasonable building can be constructed on any part of the property without the need for substantial variances. 3. Town Law §267-b(3)(b)(3). The variance granted herein at 40 feet from the bulkhead is substantial when compared to the code requirement of 75 feet from the bulkhead, representing a 46.6% relief from the code. The variances granted herein with respect to the side yard setbacks, are not substantial as amended by the applicant to 10 ft (exclusive of exterior basement stairs) and 12 fi. These new setbacks eliminate the single side yard variance and create a proposed combined side yard setback of 22 feet where the code requires 25 feet. However, the resulting upgrading of the building and sanitary system will have a beneficial effect on the property. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. A new sanitary system and standards that meet the Town's drainage code will be environmentally beneficial. 5. Town Law §267-bO)(b)(5). The difficulty has been self-created. The applicants purchased the existing house in its uninhabitable condition. However, by seeking the variances the applicant is asking to create a livable home in a more conforming location on the property. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to DENY as applied for, and GRANT ALTERNATIVE RELIEF as noted below: 1. The width of the house shall not exceed 28 feet, excluding proposed outside basement stairs. 2. The setback from the bulkhead shall be 40 feet to the dwelling including attached decks. Pagg 3- January 19, 201 I ZBA Fi1¢#6417 - Masno CTM: 1000-$2-5-9 3. A minimum side yard setback of I0 feet. 4. A combined side yard of 22 feet. 5. The existing detached garage shall be moved to a conforming location or removed. Before aoolvine for a building permit, the applicant or agent must submit to the Board of Appeals for approval and f'fling, two sets of the fmal architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Deparlxnent. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation fi.om the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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 Weis,nan ('Chairperson), Dinizio, Schneider. (Absent was: Member Goehringer) (Member Homing by telephone; no voting right) This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairl~erson Approved/'or filing / / ,,~/2011 ~U~V~YNO. Oa-?~7 IDIOT: 1000IDECTION: 5Z I~LOCK: 5 ITAXLOT: ,9 MAP O~ TITLE NO. AL-~ I 714 ~ ~ T~ ~ ~ ~ ~. 5EUATE AT ~oe~2~ o~~ LOT NUMBERS: Z ' . ' II , COPI~ Or TflJ~ SU~V~ M~ NOT ~N~ THE ~Ng I ] '~,4¢~ ~ '~e c.,B' ~, '~ ~ s, 62'-7~" = CAT,ON5 ~ NOT ~SrE~TO ~BBON~ IN - ~ ~ ~j[~.~=~ ~ ~: ~ 'o "~_" ¢t*~'e ~ ~ ~ ~ COMMONWEALTN ~ND TITLE INS. Co. ~ ~. ~ ~ Q ~ I ~ AMERICAN ~NO 5~RVICW5 - 4 ".'A~p~r 'Y.~,..",. , * . :-.'~.'"':': ~ ~ ? 5URV~D:MAY /~, 200~ ~ ~ +, 5 52°30'00'' W ~ 188.00' ~ ISLAND W P~OFES~NAL ~ND 199 ~A~E D~Vfi, PHONE: I -SGG-&OS-580Q F~: 5 I g-49G- 1792 0 1 ~co~ o~ W*L~ ~ ~N, CU~TAW ~ ~OU~ D~ED BY B. G. MAY ~ ~, 2~ h BAYVI EM AVENUE ! / / /3 / / / / / / ~- / / / / ¢~ / ! ! 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