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Home My WebLink About6605 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 Bc ctvc , Tel.(631)765-1809.Fax (631)765-9064 -4'--~~.~0~ ~ '~-. FINDINGS, DELIBERATIONS AND DETERMINATION$out~ill MEETING OF NOVEMBER 15, 2012 ZBA FILE: 6605 NAME OF APPLICANT: Bee Hive Development Corp. PROPERTY LOCATION: 400 Old Cove Rd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek), Southold, NY SCTM # 1000-52-2-14 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 11 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 19, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 16, 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: Subject property is a nonconforming vacant lot in the R-40 zone consisting of 14,114 sq. ft. It has 118.79 feet of frontage on Old Cove Road, 100.68 feet along Beverly Road, 121.00 along the south eastern property line, 17.16 feet on Arshamomaque Pond (Mill Creek) and 112.00 feet along the west property line as shown on the survey dated November 14, 2008, last revised October 16, 2012 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variance from Article XXII, Section 280-116(B), based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead. RELIEF REQUESTED: The applicant requests a variance construct a single family dwelling located at 400 Old Cove Road Southold NY SCTM 1000-52-2-14. The proposed construction of a new single family dwelling on this nonconforming 14,114 sq .ft. lot in the residential R-40 District, is not allowed pursuant to Article XXIL section 280-116 (B) which states "All buildings or structures located on lots upon which a bulkhead exist shall be set back no less than 75 feet from the bulkhead." The survey drawn by Peconic Surveyors PC and dated October 16, 2012 indicates a propose setback of 50 feet from the bulkhead. Page 2 of 3 - November 15, 2012 ZBA Fi1¢#6605 Bce-Hive Dcvclopmcnt Corp. CTM: 1000-52-2-14 ADDITIONAL INFORMATION: This property was the subject of a prior Zoning Board of Appeals area variance application (#6476), with public hearing held on June 2, 2011, that was denied without prejudice. In order to increase the setbacks that were denied by the Board in application #6476, the applicant has eliminated two front yard setback requests and increased the proposed setback from the bulkhead by 35% in this current application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building envelope provides for a modest home with a 50 ft. setback from the bulkhead which exceeds the average setback of 25.75 feet for the surrounding neighborhood homes. Front yard setbacks in this neighborhood are substantially non-conforming, and the applicant proposes to maintain two code conforming front yard setbacks on their corner lot. 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 lot is a comer property with two front yards and a bulkhead. The proposed dwelling cannot be located in a building envelope that would comply with both the code required 75 foot bulkhead setback and also maintain conforming front yard setbacks. 3. Town Law ~267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, the setback granted herein is nearly 100% greater than the average bulkhead setback in the neighborhood and exceeds all existing bulkhead setbacks in the area. 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 new house will be constructed utilizing the most recent standards with respect to rain water runoff and subsurface sewage disposal systems for residences. The applicant will adhere to the best management practices recommended in the LWRP memorandum. 5. Town Law §267-b(3)(b){5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 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 Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the survey dated November 14, 2008, last revised October 16, 2012 prepared by Peconic Surveyors, PC., and the architectural plans prepared by Lab Design Associates, job # 12200, dated 10/2/12 sheets 1-7. Subject to the following condition; Page 3 of 3 - November 15, 2012 ZBA Fire#6605 - Bee-Hive Development Corp CONDITION: 1. Establish a Landscaped (non-turf) Buffer for a minimum of 10 feet in width landward of the concrete sea wall. That the above conditions be written into the BuiMing 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 nonconformiiy. Fote of the Board: Ayes' Members Weisman (Chairperson), Goehringer, Dinizio. Absent were Members Schneider and Horning. Tbis Resolution was duly adopted (3-0) Leslie Kanes Weisman, Chairperson Approved for filing /] / ,,~ ~ /2012 The Iocotions of wells and cesspools shown hereon are from field oflservolions and or from dofo obtoined from olhers. CONC SLAB TO j~E REMOVED Tesf Boring Wel~' I~ brown c~arse ~ FLOOD ZONE FIRI~ $6105C0158 H I ~m Im~r ~it~ tim STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEICAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~4 viii ~6Me by the co~itio~$ set /orlh there~ ~mt on Itm permif Io con$1rucL ZONING DISTRICT, tR 40 AREA = 14,114 sq. ft. to tie line (AO deplh 2) ELEVATIONS ARE Rb~eFERENCED TO NA VD. 88 REMOVED WETLANDS FLA6 AS DELINEA TED BY ROBERT FOX L.S. Aug. SURVEY FOR BEE- HIVE- DEVELOPMENT CORP A T ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. '. 1000 - 52- 02- 14 Scale: I" = 30' APRIL El, EOII (odd/lions) S~PT. I~ EOI/ (.SILT FENCE & HA YBALE~ dUNE 5~ gOl~ [re~ls~,] -.J~NE ~I4~ 2012 ~iO~] JtA. Y 31, ~01~ (prop. hse. I OCT. 16~ ~O~E (RUNOF~I CERTIFIED TO' BEE-HIVE DEVEL OPM~NT CORP. MAY ~1, zol£ Uev~lee~ FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK OF SECTION 7EO~ OF TI~ A~IF YORI( $TA TE ED~C~4 TION I.~W, E~CEPT AS PE~ SECTION ,'%~-~.~JBDIVl~t~ g. ALL C~RTIFT~ TION$ I'E~ON AE YAI. I) FOR TI'~ II,~ ,Vi) COP£$ TIEREOF ONL Y F ADDITION4LL Y TO COMPLy IWTH ,~41D LAW THE TEIE~ 'AL TERED BY~ M~I~T ~ U~_D BY ~ A/~D ALL -etJRVEYOR$ UT~ ~ A CO~Y FINAL MAP REVIEWED BY ZBA SEE DEC S,O. # DATED it /l ~' ~ RAIN RUNOFF CALCULATIONS 1~6~1569 sq. ft. "I ~ Od? = g67 c~.ff. ~.6Tl~,,~ ' 9.4 ~ ~CON/C ~YORS, (5/6) 765 - 50~0 P. O. ~OX 909 1~30 TRAVELER STREET 97-- 101 soumoLo, N.r. DEV'~RL¥ ROAD & OLD GOV'~ ROAD SOUTHOLD, NY [PROPOSED NEY'I DP',IELLING PLOT PLAN 5G^LE 1" = 20' FREI/M/NARY' ?LAIV5 zJ~ECEIVEt BOARD OF APPEA PROPOSED NEJ~I DI,~ELLING LAB DESIGN ASSOCIATES OFFICE (516) q3q-0200 1012112 DATE 12200 .5 TOP OF ROOF z Bom. ~. FRONT ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED J( I(~' I-~~- F RECEIVED , .~,(-- OCT ? BOARD 0¢ PROPOSED NEJ~I DI~ELLING LAB DESIGN A55OCIATE5 115 N. I~ROADIt%~¥ (SUITE 204) HICKSVILLE, NY 1 OFFICE (516) ~"'J~-0200 FAX (516) q35-~141 1012112 DATE 12200 2 1 i I I I I I I I -- ~- ____L .... J__~ I I I I I I I I I ~IGHT DIDE ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED / / / (~ / ~ RIGHT SIDE ELEVATION PRE/./M//VAR'i" PLAN5 RECE.[VED BOARD OF APPEALS PROPODED NEI/N DKtELLIN~ LAB DEDIGN ADDOCIATE5 1012112 DATE 12200 JOB # I I '/-6 I I II II FOUNDATION E~E¥ONP FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED__.~/_L.~_/_~ REAR ELEVATION ? R I~L I /vf lNA R 'r' ?1~4 N 5 PROPO.~ED NEI~,I DI/',IELLING BOARD OF APPEALS LAB DESIGN ASDOGIATF.G 1012112 lATE 12200 oEMAP WED BY ZBA c~s,o.~ # ~ UNEXCAVATED GARAGE ABOVE 11'4' GRAY'IL 5PACE CONCRETE POIRCH ABOVE 55*-0'" RECETVED OCT 7. 0 FOUNDATION PLAN ?REJ. IA'/INART' PLAN5 PROPOSED NEP',I DF',IELLING LAB DESIGN A55OCIATE5 115 N. B~OADP'{A¥ (SUITE 204) HICKSVILLE, NY 11801 OFFICE (516) q3~0200 FAX (516) ~5-714'/ I BOARD OF APPEALS 1012112 OATE 12200 5 o~ 7/ DDL MAP EWED BY ZB~ ECISION # _~ (2) 2" X 10" HOR 1'4ASTER BDRH UTILI'rY/ LAUNDRY (2) 2" X 12" HDR. (2) 2" X 10' HDR. DINING KITCHEN FOYER CONCRETE PORCH 42"PREF^B LIVING FIRST FLOOR PLAN ?REI /hIINART' PLAN5 NOTE: F.F. NO LESS 1 J THAN ELE. +10.0 FT. RECEzTVED / BOARD OF APPEALS PROPOSED NEF',I DJ~IELLING LAB DESIGN A55OCIATE5 1012112 DATE 12200 FINAL MAP REVIEWED BY ZB~ SEE DECISION # ~ DATED l( ~l~ I~)_.~-'~"~ COVERED BALCONY RECREATION ROOH BEDROOH ~ 5*FRENCH BALCONY BEDROOH OPEN TO 14'.4# SECOND FLOOR PLAN PREL /N/NA RY F. LA N5 RECEIVED BOAP, L~ OF' AP, PEALS PROPOSED NEF',I DF~ELLING LAB DESIGN A55OCIATE5 OFFICE ('516) q3w-0200 1012112 DATE 12200 Joannc Minieri COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner October 19, 2012 RECEZVED 2 2 Z012 BOARD OF APPEALS Division of Planning and Environment Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Thompson, Michael Korchin (David) & Rentz (Joan) Bee Hive Development Corp. 6600 6604 6605 Very truly yours, Sarah Lansdale Director of Planning T~eo~oore R. Klein ' Senior Planner TRK:mc H. LEE DENNISON BLDG · t00 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 117884)099 · (631) 853-5191 /', '~/~OFFICE LOCATION: I / Town Hall Annex \ 54375 State Route 25 I /~r. Main Rd. & Youngs Ave.) - Southold, NY 11971 To: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals OCT 16 2012 From: Mark Terry, Principal Planner LWRP Coordinator Date October 16, 2012 Re: Coastal Consistency Review for ZBA File Ref. BEE-HIVE DEVELOPMENT CORP. #6476 SCTM#1000-52-2-14. In 2011 a previous applied for action was reviewed and recommended as INCONSISTENT. Subsequently the action was denied (without prejudice) by the Board on 7/7/11. BEE-HIVE DEVELOPMENT CORP.~-~r Request for Variance from Article XXlI, Section 280- 116(B), based on the Building Inspec~ugust 14, 2012 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead, located at; 400 Old Cove Blvd. (corner Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14 Based on the new information submitted; including an assessment of flooding conditions and structure design by a professional engineer and proposed storm water controls during construction it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that: To further Policy 5: Protect and Improve Water Quality in the Town of Southold, Sub-policy 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution the following best management practices are recommended. 1. Establish a Landscaped (non-tuff) Buffer for a minimum of 10' in width landward of the concrete sea wall. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] 2. Require storm water controls pursuant to Chapter 236. Stormwater controls for the residence must be included. 3. The soil boring shown on the survey is three years old. It is recommended that the Board verify the accuracy of the depth to groundwater and leaching pool separation distance. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL ~OARD OF ~,gpF_AL5 DATE: August 14, 2012 TO: Bee Hive Dev. Corp. C/O Patricia Moore, Atty. 51020 Main Rd. Somhold, NY 11971 Please take notice that your application dated August 6, 2012: For permit for construction of a new single family dwelling at: Location of property: 400 Old Cove Road Southold, NY County Tax Map No. 1000 - Section 5_22 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed construction of a new single family dwelling on this non-conforming 14,114 sq. ft. lot in the residential 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 survey shows a proposed setback of 50 feet from the bulkhead. 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: file, Z.B.A. TOWN OF ~[YHOLD BUILDING ][~I~ARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www~ north for k, net/Southold/ PERMIT NO. Examined _, 20___ Approved ,20 Disapproved Mc Expiration F _, 20 ~PPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans / Planning Board approval Check Septic Form RECEIVED N.¥ S.D.E.C Trustees Contact: BOARD OF APPEAN~ Building Inspector APPLICATION FOR BUILDING PERMIT [-~ ~ ~ [~ ~ ~}~)6 2012 ~l AUG - B[DG DEPl Date ~' ,5 /Z- , 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according Io schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Pemfit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buiIdings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name (As on the tax roll or latest do/d) If applicant is a corporation, signature of duly authorized officer (-Nme and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will.be done: House Number Street / ~ Hamlet County Tax Map No. 1000 Section ~- Block c-gL Lot // Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Vrv,~cc,voc Io+ b. Intended use and occupancy ~oa, co..4. 3. Nature ofwork (check which applicable): New Building 3( Repair Removal Demolition 4. Estimated Cost q~/ ~ '~' Fee 5. If dwelling, number of dwelling units I If garage, number of cars Z..- Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commemial or mixed occupancy, speci,fy nature at}d extent of each type of use. 7. Dlm~isting~uetures, ~3[F?dff{'~ .......... ~ Depth Height ~/ Number of Stories ~ Dimensions of same structure with alterations or additions: Front Rear Depth Height , Number of Stories 8. Dimensionsofcntire newconstmetion: Front ~,~ r~?-~ Rear ~ Depth Height Number of Stories ~ 9. Size oflot: Front ~1~,'~ w ~.~ear I~ Depth ~ ~°4-' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~-- hto 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES__ NO j)(Will excess fill be removed from premises? YES 14. NamesofOwnerofpremises C~'-"-r~, AddresstH ~J~atvnv~ PhoneNo. Name of Architect ~ Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES )C * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES * IF YES, D.E.C. PERMITS MAY BE REQUIRED. (~o,'-- ~:~,~tm~ Ic~.4t 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY OF ~.~S: ~c.~{"VUXXC, C ~ (~7;~-~ being duly sworn, deposes and says that (s)he is the applicant (Name ofindivldual signing contract) above named, (S)He is the ~ (Co~, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. BETSY ,~ PERKINS No. 01PE6130636 Qua fled in Suffolk Co~ ~,~} Signature of Applicant fee: $__ Filed By:. Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 400 Street Old Cove Blvd (Beverly Road) Hamlet Southold SCTM 1000 Section 52 Block 2~Lot(s). 14 Lot Size 14,114 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 14, 2012 BASED ON MAP dated November 14, 2008 and last dated July 31, 2012 Applicant(s)/Owner(s):__Bee Hive Development Corp. Mailing Address: 111 Bellmore Avenue, Bellmore NY 11710 Telephone: c/o Pat Moore 765- 4330 Fax #: 765-4663 Emaih pcmoore~mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Emaih pcmoore~mooreattys.com Please checl~ to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED November 14, 2008 and last dated July 31, 2012 and DENIED AN APPLICATION DATED August 6, 2012 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 XXII Section 280-116 (B) setback from bulkhead Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, X has NOT been made at any time with respect to this property, except UNDER ZBA file 06476 dated JulF 7, 2011 (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Bee Hive Realty Corp ZBA File #Lp¢~ REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): OCT ~ ,~ ~ AREA VARIANCE REASONS: BOARD OF' (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is lot number 13 in the subdivision known as Old Cove Colony at Arshamomaque dated August 12, 1954 by Helmut Haas and George Wetmore. This corner lot and Lot 7, another corner lot, were the largest lots in the subdivision. This lots and surrounding homes pre-date zoning. The waterfront homes to the west provide an "average front yard setback" of 26.3 and the adjacent property to the south along Beverly Road provides an "average front yard setback" of 24.8. The front yard setbacks on this corner lot do not require variances. The proposed building envelope provides a modest home with a 50' setback from the bulkhead. As is shown on the map prepared by Peeonie Surveyors dated April 20, 2011, the surrounding neighborhood homes have setbacks from the bulkhead that are an average of 25.75, approximately one half of the setback which is proposed. (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 home has been redesigned to fit within the building envelope. The house is a four bedroom house, therefore the sanitary is the minimum sanitary which is required. There would be no building envelope suitable to build a house to comply with the 75 foot setback from the bulkhead. In order to increase the setbacks to the bulkhead the front yard setbacks would have to be reduced, therefore requiring front yard variances. The proposed building envelope requires no variances for the front yard setbacks. (3) The amount of relief requested is not substantial because: The lot predates zoning, a 50 foot setback requires a 33% variance. The surrounding homes are set back from 20' to 33 feet from the bulkhead, but have front yard setbacks from 23 feet to 14.6 feet. See Peconic Survey's map dated April 20, 2011 showing the existing setbacks of the homes from Old Cove Boulevard and Beverly Road. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The lot was developed in 1954, public water and electric lines were extended throughout the subdivision. The sea wall surrounds the waterfront of this and all the surrounding homes. A letter of no jurisdiction was issued by the NYSDEC. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No The lot is pre-existing nonconforming as to set backs. The surrounding homes were developed with closer setbacks to both the roads and bulkhead. Are there Covenants and Restrictions concerning this land: X None applicable. Yes {please 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. Chech this box ( ) IFA USE VARIANCE iS BEING REQUE~,~T~D,/.ND.P~LEASE COMPLETE THE A TTACHED USE VARIANCE SHEET: (Please be sure to consult y~attor~n~)~ Sig'lP, m~ of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me thi~ aar~f/7 , z0.L~3~ BETSY A. PERKINS Notary Public, State of New Yed( No. 01 PE6130636 Qualified in Suffolk County3 ~,' I '2, Commission Expires July APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Bee Hive Development Corp._ Date Prepared:August 17, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: not applicable RECEIVED ~* BOARD OF APPEALS Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- 29' x 55' with 6' x 17' porch entrance Dimensions of new second floor- Dimensions of floor above second level: 43' x 29' Height (from finished ground to top of ridge): 29'7" Is basement or lowest floor area being constructed-only if permitted under flood zone regulations If yes, please provide height (above ground) ~ 3' measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) See Drawings by LAB Design Assoc. (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: vacant Number of Floors and Changes WITH Alterations: two story dwelling IV. Calculations of building areas and lot coverage (from surveyor): 29' x 55' = 1,595 + 102= 1,697 sq.ft. 12% (lessthan 20%) Proposed increase of building coverage:_l,697 sq.ft. Square footage of your 1ot:14,114 SF Percentage of coverage of your lot by building area: 12% V. Purpose of New Construction Requested: home 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 corner lot adjacent to sea wall Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Bee Hive Development Corp ~ 1000-52-2-14 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. RECEIVED OC/ :0-: ^ BOARD OF APPEALS 1) Are them areas that contain sand or wetland grasses?~.~ 2) Are these areas shown on the map submitted with this application? yes 3) Is the proper~y bulkheaded 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? Yes _Please confirm status of your inquiry or application with the Trustees: once ZBA variance is issued and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete ban'iers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel pre-existing nonconforming single and separate lot and proposed use single family dwelling Dagle-family; proposed: same with garage or pool, or other description.) 2/05; 1/07 PROJECT I.D. NUMBER I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Pro)ect sponsor) SEQR PLICANT/SPONSOR 2.~OJECT NAME PROJECT LOCATED.: ~ RECE~VED~O~ O~T ' %c~ ~-- ~.~ I~ BOARD OF APPEALS 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, BTATE oR LocAl? 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAJ. JD PERMIT on APPROVAL? [] Yes '~NO I! }*~S, lilt &gell~"y nlme and pefmIVigpro~l 12. AS A RESULT OF~PROPOSED ACTION WILL EXISTING PERMmAPPROVAL REQUIRE MOO~FIC, ATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action Is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be comptefe0 :)y Agency) D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASLIEHMENT OF A CEA? ~ Yes [] No THERE, OR tS THERE L~KELY TO SE, CONTROVERSY RELATEO TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it ia substantial, large, iml~ortanl or otherwise signilicant. Each effect should 0e assessed in connection with ifs (a) setting (i.e. uti)an or rural}; (b) orobability of occurring; (c) duration; (d) ~rreversibility; (e) geographic scope; and (l} magnitude. If necessary, add attachments or reference su~)~orttng materials. Ensure that ex0ianations contain sufficient detail to show that all relevant adverse iml3acts have been identifiecl and adequately adc~resseO. If' question D of Par1 U was checked yes, the determination and significance must eveJuate the potenfial impact of the proposed action on the environmental characteristics of the CEA. ~ Check this box if you have identified one or more potentially large or significant adverse iffr~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 and 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 determination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. AH 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. l) Name ofApplicant: ~t~t(, ~ C ~'l 2)AddressofApplicant:~ ~o kk/~\~ (~L~fi ~3 3) Name of Land Owner jif other than applicant) ~ ~-(~ ~-~ X 0~7 Dt--',~ ~c ~'~ot~r.q~-r Z<')c..z~ 4)AddressofI_andOwner:'~\\ (~-Cccr~.X~.v -~'4E , ~:::~cc/-r,3,~c: ]~,3',-~ 'IV'-q ~._.~' 5) Description ofProposed Project: C",-',,~-~[ac ~c~ o¢ %, ~xt~t~-~ ~$V~-t~L', ~c.o,-~t 6) Lg.cation of Property (road and tax map number): ¼~-x.% t.~ ~ C ~q e_ ~_x.,c:) %.",. ~ ~-~ C% 7) Is the parcel within an agricultural district? [-]No ~Yes If yes, Agricultural District Number 8) Is this parcel actively fanned? ~]No F-lyes 9) Name and address of any 6wner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than stx property owners are identified.) The lot numbem may be obtained, in advance, when requested from either the Office of the Planning Board at 765-~L931~6~-~g Board of Appeals at 765-1809. /-1 , C..._...-~'%"~gnature of Applicant -- Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent ay applicant and/or the clerk 0fthe board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. Thc purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore Esq.__and Bee Hive Development Corp. (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 thc other person or company name.) RECEIVED NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns mom than 5% of the shams. 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 the space provided. Thc 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 RELATIONSHIP Submitted this Iq dayo~.~ .,~..~'~c:~-~ Signature: ~'-~j~, ''~ Patrleia C. Moor~.~".Y'~ Print Name: ~ Bee Hive ~)ev~nt Corp. Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS RECEIYE. ¢ BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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, lfan 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# 1000-52-2-14 OWNER: Bee Hive Development Corp 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 RECEWED Nature and extent of action:new single family dwelling Location of action:400 Old Cove Road, Southold Site acreage:14,114 sq.ft. Present land use: single & separate lot 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: BOARD OF APPEALS (a) Name of applicant:Bee Hive Development Corp (b) Mailing address: 1111 Bellmore Avert ue, Bellmore NY 11710 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: 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 the lot is preexisting nonconforming. The setback from the bulkhead is the maximum feasible (50 ') 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 resoumes throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The proposed house will be in keeping with the surrounding homes. Drainage will be provided which prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES RECEIVED :~t~ ~ ~5 BOARD OF APPEALS 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 X Yes No Not Applicable No effect on flooding or erosion. Sea wall protects upland property from flooding and 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 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. X Yes No Not Applicable new house will not adversely impact ecosystem. 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 of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes 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 sea wall 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 RECEIVED BOARD OF APPEALS Beehive Development Corp. C/O Arthur J. Nastre, Secy. 1111 Bellmore Ave. N. Bellmore NY 11710 August 20, 2012 RECEIVED Patficia C. Moore, Esq. 51020 Main Road Southold, NY 11971 BOARD OF APPEALS Dear Ms. Moore: I, Arthur Nastre, as Assistant Secretary of Bee-Hive Development Corp., owner of vacant land located on 440 Old Cove Blvd Southold (sctm: 1000-52-2-14), 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. Bee-Hive Development Corp. PROFESSIONAL ENGINEER 1725 HOI3ART ROAD / PO Box 616 SOUTHOLD, NEW YORK11971 TEL:631.765.2954- FAX:631.614.3516 · e-mail:joseph@flschelti.com Zoning Board of Appeals Town of Southold Southold, NY 11971 Date: Reference: 1 October 2012 Bee-Hive Development ~ RECEIVED BOARD OF APPEALS Ms. Chairwoman and Board The subject property is located on the FEMA maps as an AO~2 zone the number 2 after the AO is the depth of water. Pile foundations are not required in all A zones and a concrete stem wall construction can be easily constructed according to the Building Codes. A zones require that construction of the foundation allow the flow of water in and out of the foundation. Any crawl spaces below the finished floor would require flood venting to equalize the hydrostatic pressures during flooding. This is a standard construction detail used in A zones. The elevation of the property where the home is being placed, shown on a survey by Peconic Surveyors, is shown as elevation 6 feet. The flood sheeting of 2 feet will bring the flooding to elevation 8 feet. When adding to that the required freeboard of 2 feet, the proposed finished floor shown on the survey as elevation 10 feet would be allowable. 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 Yoangs Avenue) Southold, NV 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTH[OLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 7, 2011 $outhold Town Clerk ZBA FILE: 6476 NAME OF APPLICANT: Bee Hive Development PROPERTY LOCATION: 400 Old Cove Rd. (Beverly Rd,) (adj. to Arshamomaque Pond aka Mill Creek), Southold, NY SCTM # 1000-52-2-14 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 li category of the State's List of Actions, without fmther 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 May 18, 2011 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: A Letter dated May 25, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The letter stated that the subject property is in a flood zone and the soil boring shown on the survey is three years old. The recommendation is to verif~ the accuracy of the depths to groundwater and leaching pool separation distance. PROPERTY FACTS/DESCRIPTION: Subject property is a nonconforming vacant lot in the R-40 zone consisting of 14,114 sq. fl. It has 118.79 feet of frontage on Old Cove Road, [ 00.68 feet along Beverly Road, 138.16 feet on Arshamomaque Pond (Mill Creek) and 112.00 feet along the west property line as shown on the survey dated June 2, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 21,2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from lhe bulkhead. RELIEF REQUESTED: The applicant proposes to construct a two story dwelling on the subject vacant parcel and requests relief for a proposed front yard setback of 15 feet where the code requires 35 feet, and a bulkhead setback of 37 feet where the Code requires 75 feet as shown on the Survey for Bee-Hive Development Corp., prepared by John T. Metzger, L.S., dated June 2, 2011 (Revision). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, at which time written and oral evidence were presented. Based upon all testimony, docmnentation, personal inspection of the property and Page 2 - July 7. 2011 ZBA F~]e#6476 Bec Hive D~v. CFM: 1000-52-2.14 surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: l. Town Law §267-b(3}l[b){1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The character of the neighborhood consists predominantly of one-story dwellings on smaller lots, however there exists a two story dwelling with a 60 foot front yard setback across the street from the subject parcel. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a front yard setback area variance. Even though the subject parcel has two front yards, the applicant can locate the proposed dwelling on the subject parcel with conforming front yard setbacks. However, the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance from the 75 foot bulkhead setback code requirement. 3. Town Law §267-b(3)(b)(3). The variance requested herein for a front yard setback is substantial. The requested front yard setback of 15 feet will require a 20 foot variance or a 57% relaxation of the Code required 35 feet. A few of the dwellings in the neighborhood have lesser front yard setbacks than what the applicant proposes, however these parcels arc smaller than the subject parcel and these existing dwellings are one story. The variance requested herein for a 37 foot bulkhead setback is mathematically substarltial requiring a 38 foot variance and a 51% relaxation of the Code required 75 feet, however there are six waterfront parcels in this neighborhood that have existing bulkhead setbacks that are less than what the applicant proposes. 4. Town Law §267-b{3){b)(4) No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has not shown storm water controls to mitigate surface flow to Ashamomaque Pond or proposed non-turf landscaped buffers to further mitigate impacts from improving the subject parcel. Furthermore, the applicant has not submitted an approved Southold Town Trustees or DEC Permit or septic system design from the Suffolk County Health Department, which department may require a unique design and/or structure in a specific location which could affect the location of the proposed dwelling. 5. Town Law §267-b(3)(b}(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect the character oftbe 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 Schneider, seconded by Member Goehringer, and duly carried, to DENY the variances as applied for. The Board will rehear the application without prejudice when the applicant provides adequate information that addresses the balancing test set forth in Town Law 267-b(3)(b). Any deviation from 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 righl to substitute a similar design thal is de minimls in nature for an alteration that does not increase the degree of nonconformity. Page 3 - July 7, 2011 ZBA File#6476- Bee Hive Dcv Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. Leslie Kanes Weisman, Chairperson Approved for filing 7 //] /2011 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER RES. NEW FARM SEAS. IMP. NORMAL Acre VL. TOTAL STRE~ 400 A,// / FARM DATE BUILDING CONDITION BELOW Value Per Acre ABOVE Vc~lue VI LLAGE SUB. -~r~ H Jf l'~ COMM. CB. Mkt. Value REMARKS TYPE OF BUILDING Tillable FRONTAGE ON WATER J 3 ' Woodland FRONTAGE ON ROAD // Meadow]and DEPTH BULKHEAD House Plot Total DOCK COLOR TRiM M. Bldg. Extension Extension Extension I I Porch Porch Breezeway Garage Patio Total Foundation Both Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Floors Interior Fihish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inefte LR. DR. BR. FIN. B ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 10, 2012 Zoning Appeal No. 6605 Transmitted herewith is Zoning Appeals No. 6605 of Patricia C. Moore for Bee Hive Development Corp.- 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, Copy of Application for Building Permit with Disapproval Dated August 14, 2012, Authorization Letter from Arthur Nastre to Patricia C. Moore Dated August 20, 2012, Letter from Joseph Fischetti, Jr. in Reference to Pile Foundations Not Required Dated October 1, 2012, Five Pages of Photos, Notice of Disapproval from Building Department Dated August 14, 2012, Three Pages of Findings & Determination from Zoning Board of Appeals No. 6476 Dated July 7, 2011, Copy of Property Record Card, Copy of Survey Showing Proposed Construction Dated July 31,2012 Prepared by Peconic Surveyors, P.C., Seven Pages of Plans Showing Elevations and Floor Plans Dated October 2, 2012 Prepared by Lab Design Associates. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/10/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED Bee Hive Development 1724 $500.00 6605 Corp. OCT 1 0 ~ $500.00 By__lc__ Thank ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/10/12 * * * RECEIPT * * * Receipt#: 142746 Transaction(s): 1 1 ZBAApplication Fees Reference Subtotal 6605 $500.00 Check#: 1724 Total Paid: $500.00 Name: Bee, Hive Development Corp 1111 Bellmore Ave Bellmore, NY 11710 Clerk ID: CAROLH Internal ID: 6605 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, NOVEMBER 1, 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, NOVEMBER 1, 2012: 1:20 P.M. - BEE-HIVE DEVELOPMENT CORP. #6605 - Request for Variance from Article XXlI, Section 280-116(B), based on the Building Inspector's August `14, 20'12 Notice of Disapproval concerning an application for construction of a new single family dwelling at: `1) less than the code-required minimum setback of 75 feet from a bulkhead, located at; 400 Old Cove Blvd. (corner Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14 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.ny.us Dated: October `17, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box t179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BEE-HIVE DEVELOPMENT CORP. #6605 (Name of Applicant) CTM Parcel # 1000-52-2-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the15th of October, 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. (Signature)"' . \ /BETSY PER~ Sworn to before me this / ~' 7-,,/ day of October, 2012 MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~k.O LAW PT 51020 MAIN ~0~ SOUTHOLD NY 4. Restricted Delia 3, Service Type (Extra Fee) []r~ CERTIFIED 2, Article Number 7192 6463 3110 0001 3478 Received By: (Please ~rint Clearly) 7]92 6463 3110 0001 ~" a~78 C. Date o~ DeliVery I. Article Addressed To: J£NNIE PA?PAS 100 HILTON AVE., APT. GARDEN CiTK i'i'~ 1153g 711 Ctt¥ Stite ZIP + 4 Code ,J :~.]20,~n MAIN ROAD I _OU~HOLD NY 11971 4. Restricted Del,very? J a.'$-ervl~-ce"~YP'~r~ CERTIFIED (Extra Fee) [] Yes 2. Article Number 7192 6463 3110 0001 3492 6463 3i, 10 0~101 3492 1. Article Addressed To: GEORGE SANTiS REV. TRUST MARY T'~ TIS REV~ TRUST 73-1~ 2~ST AVE- JACKSON HEIGHTS NY 11370 City State . MAiN ROAD SO?'tiOi ~ NY I79-~1 nt) ~early) 1-47 R;stri-c-te~ ~y;' ~e Type T, (Extra Fee) [] Yes CERTIFIED 2, Article Number ~ ~ ~,~3 1.~,] 0091 , Article Addressed To: BALDWIN N? ~EE-HIVE DEVELOPMENT COR.~ NEIGHBOR MAILING LIST SCTM: 1000-52-2-14 TOWN OF SOUTHOLD PO BOX 1179 $OUTHOLD NY 11971 SCTM: 1000-52-6-1 GLORIA PRAETZ 53750 CR 48 SOUTHOLD NY 11971 SCTM: 1000-52-2-17 IRVING & VIRGINIA FEDER PO BOX 966 SOUTHOLD NY 11971 SCTM: 1000-52-2-12.1 NICKART REALTY CORP. 775 BOOKLYN AVE. BALDWIN NY 11510 SCTM: 1000-52-2-13 JENNIE PAPPAS 100 HILTON AVE., APT. 711 GARDEN CITY NY 11530 SCTM: 1__000-52-2~-_15 GEORGE SANTIS REV. TRUST MARY SANTIS REV. TRUST 73-14 21st AVE. JACKSON HEIGHTS NY 11370 SCTM: 1000-52-2-38 ROBERT & DEBBIE MILSTEIN 5 GENEVA STREET GREENLAWN NY 11740 SCTM: 1000-52-2-39 51020 SOLiTH~L ~ 4. Restricted Delivery? 3. Service Type (Extra Ieee) [] Yes CERTIFIED 2. Article Number ,ui Lit][,, ~dressed To: I ' [ SOUI'HOL~ N ZIp + 4 Code II A~ (l~Addressee orE]Agent) [~r ! !ill--Please pn~t Clearly) 4. Restricted Delivery? 3. Service Type ] r 3 (Extra Fee) [] Yes CERTIFIED [ i 2, Article Number t. Article Addressed To: 4. Restricted Detivery? 3. Service Type T (Extra Fee) [] Yes CERTIFIED I~ SOLJTHOL I~ rj i ~ c. Date of Delivery I 1. Article Addressed To: D. Addmssee'sAddress Secondary Add~esa I Suite / Apt. ! FIoDr ( Delivery Addrlls ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BEE-HIVE DEVELOPMENT CORP. #6605 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-52-2-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On th~j;~-bday of October, 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, November 1, 2012. Patricia C. Moore Sworn to before me this ~/~ day of October, 2012 .](Iotary Public ) ~ BETSy A. PERKINS No, 01 PE6130636 Qualified in Suffolk County Commission F-xpires July 18: *near the entrance or driveway entrance of the property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # BEE HIVE DEVELOPMENT CORP. #6605 52.-2-14 VARIANCE BULKHEAD SETBACK REQUEST CONSTRUCT NEW DWELLING DATE: THURS, NOV 1, 2012 1:20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #10905 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 25th day of October, 2012. Sworn to before, me this LEGAL NOTIC~ SOUTHOI~D TOWN ZONING BOARD OEAPPEALS THURSDAy NOVEMBER 1,2012 PUBLIC HEARINGS suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town ~f Soutbold, the following public bear- rags will be held by the SOUTHOLD TOI~N ZONING BOARD OF AP- PEA. LS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New on ~ldR~DAY l.~ A.M. ~ I~]MOC~ENOR POINT. by Resolution for the sole purpose of reviewing the prop?ed construction method for ttt~ fo~don and thc preservation of po .~th~!~ of the exist- 280-122A aRd, the Buj:~a:_.: I'- ct ' ~ mb~0, 2012 NrriCe, of Dlsap- pe.eLal_~ a~ a~".rion for budd- co~d story re-coe~fifi~6n to ~n exist- ~.ng ' ~sJ~. e~ami~ dwe~J~g~less than tee code reqt~ed minflzinm aide ya[-d setback of 15 feet, 2) ]ess than the code requited combined 'side yard setbacks oj[35 feet, locate~ at:~280 Nassau Poin~ Road (adj. to Peco~c Bay) Cutchogue, NY. $CFM~1000-1184.6 ~ - Request for Variances /rom Article/II Section ~80-15(B & CX and the Building Inspector's September 24. 2012 Notice ol Disapproval based 1_3_ week(s), successfully commencing on the Principal Clerk on an application for building permit to conslruct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3 % maximum, located at: ~700 Park Avenue (adj. to Great Pe- ','a,d,.ck. NY. s Mgl o- - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard set- back of 40 feet, both ~treets on this cot ncr lot, incatod at: 320 Fleetwood Road {r.e~er Ha~J]t0n. AYerine) Cutchogu~, NY SC'i'M~1000-11g~I-13 ~- Request for Vari- ances ./rom Article XXIII Section 280- 124 and th~ Building Inspector's July 27 2012, updated Oc ober 4, 2012 Notice 'val*ed on a. appi, atio, for g.permit for "as built" shed and deck addition to an existing single fam- ily dwelling at: 1) less than the code-re- quir~d minimum side yard setback of 10 feet; 2) less than the code required rrar yard sethaek of 35 feet, located at: 2085 Bay Avenue (adj. to Mallon I~ke) ~ast Marion, ~ gCrb/~t~1217.3 IOA, to utffti~rgeland idefidried as g1000-10~2.24, based on ~he Building Inspector's June 14, 2012. updated Sep- tember 10, 2012 Notice of Disapproval. which states adjoining COnforming or nonconforming lots held in common ~wnership shall merge until the total Jot size cot~forrns to the current bulk sched- ule (minimum 40,000 square faet in this R-40 Residential Zone District) this lot ~s merged with lot 1000-104-2.23, located at: 1375 and 1475 Sterling Road (corner RISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Expires February 28, 2016 Horton Road) Cutchogue, NY. SCTMg's 1000-I04-2-24 & 23 l'~O PM. - BRR~.HIV~ E~EVEtOi,' ~ - R~quest~or Vari- ance from Article XXII, Section 280- 116(B), based on the Building Inspector's August 14, 2012 N_otice of Disapproval concerning an application for construc- tion of a new single family dwelling at: 1) less than the code-reqthred minimum setback of 75 feet from a bulkhead, lo- cated at; 400 Old Cove Blvd. (corner Beverly Rd.) (adj. to Arsh~unomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2.14 ~ P-M. - MIC'~AE~ EMII~ ~- Request for Vari- ance from Article XX/II Section 280-124 and the Building InSpector's October 2, 2012 Notice of Disapproval ba~ed on an application for building permit for additions and altoralions to an exist- ing dwelling at: 1) less than the code required front yard setback of 40 feet, both streels on this corner lot, located at: 1240 Inlet Drive (corner Miriam Road) Mattituck. NY SCTM#1000-99-2_6 The Board of Appeals will hear all ~ersons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. F'des are available for review during regular business hours and prior to the day of the hearing. If you have quesUon~ please contact our office at, (631) 765-1809, or by email: Dated: October 17,2012 ZONING BOARD OFAPPEAL~ LESLIE KANE8 WEISMAN, CHA/R- PERSON BY: VichJ Toth 54375 Main Road (Office Location) 53095 Main Road (Mallfeg/USPS) P.O. Box 1179 Soulhold, NY 11971-0959 _10,905-1T 10/25 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 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 October 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead.- If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hear nq, prov ding the returned letter to us as soon as possible; AND not later than October 22nd: Please either mail or deliver to our office your Affidavitof Ma ln.q (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 October October 24th: 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 October 30, 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.nor~hfork-net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 10, 2012 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office OCT Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6605 (Bee Hive Development Corp.) Dew Mr. Te~y: We have received an application for construction of a new dwelling 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 1197143959 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 October 10, 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 XlV of the Suffolk County Administrative Code: ZBA File #8605 Action Requested: Within 500 feet of: Owner/Applicant: Bee Hive Development Corp. New Dwelling - bulkhead setback (X) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson /! 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 November 19, 2012 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6605, Bee-Hive Development Corp. Dear Ms. Moore: Transmitted for your records is a copy of the Board's November 15, 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. Sincerel(77Xx ~ D Vicki Toth Encl. Cc: Building Dept. MIDDLE ROAD (C.R. VACANT VACANT OLD COVE BOULEVARD' 20' VACANT R/gM of Way HOUSE 3 SI TE MAP SHOWING SE TBA CKS A T SOUTHOLD TOWN OF SOUTHOLD ,gUFFO~K COUNTY~ N.Y'. I00'0 - 52 - 02 - SCALEr I' = 50' Ocl. 6, 2010 April 20, 201/ ,4 RS/y,4 M0,4//,40UE 6 ~"0' Ri~! o! IVey HOUSE 5 POND I/ / .(.~.~//),/.~..~ _/? A .~..rF.. ~.~.~.,~ N.Y.S. L/C. N0.49618 /~co~c s~ro~s, ~.c. (6al) 765-50E0 FAX (631) 765-1797 P.O, BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 9 7-/ 0/ The Iocotions of wells ond cesspools shown hereon ore from field observolions ond or from dolo obtoined from o/hers. CONC SLAB TO BE REMOVED Tesl Boring 11/IO/O8 blt MCOo~, d Geo$c. le~lce ~xed Send end Water .in mixed Send Water in brown 8o~ V/oler in brown Wafer in pe!e 8~own fine lo coerse Send I mm witfl I~e STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE S~/AGE DL.qPOSAL SYSTEMS FOR SINGLE FAMtLY R~IDENCET permit 1o con$trucl. FLOOD ZONE (AO depfh 2) FIRki $610$CDISB H ZONING DISTRICT, R 40 AREA = 14,114 Gq. ft. to tie line SURVEY FOR BEE- HIVE- DEVELOPMENT CORP A T ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. CERTIFIED TO' BEE-HIVE DEVELOPMENT CORP. ~X4 Y ~1, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK 1000 - 52 - 02 - 14 Scale.. r' = 30' NOv. 14, 2008 OcI. ~ ~OlO SEPT. 16, ZOII (SILT FENCE & H~Y~4LE~ Fg~ Z4, ZOI! ~EVlS~NS! ~JC Y 3~, .ROI~ ~prop. APRIC ~1~ ~OII (odd[rio#s] SUB$~JRFACE 8EWAC-.E DISPOSAL SYSTEM DE~N BY~ JOSEPH FISCHETTI, P.E. HOBART ROAD SOUTHOLD~ N.Y. 11971 (651) 765 - 2954 1'0 ANY ALTERATION OR AIT~I'~. TO THIS SURVEY IS ,4 VIOLATION OF' SECTION X'~ ~ ~ Y~ STA~ ~ ~W. ~T AS ~ ~C~ 7~~ ~ ALL ~~ ADDITIOI~LL Y TO CO~y filTH ~ Ldff THE ~ 'AL TER~D BY' MU~T BE USED BY ANY A~D ALL ~IRVE'YOR8 UTILIZJ~ A COPY ~ ANOTHER SURVEYORS ,1¢4P. TER~ ~ AS 'INSPECTED' AND 'BROUGHT-TO. DATE' ARE HOT iN COI~=I_JANCE RITH THE LAW. RECEIVED BOARD OF APPEALS P.C. (516) 765 - 50~0 P. O. BOX 909 I~$0 TRAVELER STREET SOUTHOLD~ N. Y. 11971 ELEVATIONS ARE RE'~FERENCED TO NA VD. 88 REMOVED 6 = ICETLANDS F'LAS AS DELINEATED BY ROBERT FOX L.S. Aug. 2010 97-101 / otto-- ,.~,.~ c~.- I~1' , j~. e tan~ beuslop~a_~'l-