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Home My WebLink About6622 BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 t~ ,RECEIVED , TOWN OF SOUTHOLD W~ ~ Tel. (631) 765-1809 · Fax (631) 765-9064 [~]~R 7 20]3 FINDINGS, DELIBERATIONS AND DETERMINATION~~°'~ MEETING OF FEBRUARY 28, 2013 ZBA FILE: 6622 NAME OF APPLICANT: Breezy Shores Community, Inc. (Naomi Mullman) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd, Cottage #11, ( adj. to Shelter Island Sound) Greenport, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 1I category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 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 January 8, 2013. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, inc., was established by the community and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1,2012 for General Amendments, Sheets 1 of 2, and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. Page 2 of 3 - February 28, 2013 ZBA File#6622 - Breezy Shores Comm., Inc (Mullman) CTM: 1000-53-5-12.6 (cottage #11) RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet (as shown on the survey) where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated February 1, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2013 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-bO)(b}{1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 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 area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However, the proposed addition of 20.6 square feet to the existing bathroom is 3.1% of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical. All other proposed alterations will be constructed in place and in kind. The variance granted herein for relief from Section 280-116(B) is mathematically substantial, representing 27% relief from the code. However, in the context of the entire community, the variance is not substantial. The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town Law l~267-b(3)(b}(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 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. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 - February 28, 2013 ZBA File#6622 - Breezy Shores Comm., Inc (Mullman) CTM: 1000-53-5-12~6 (cottage #11) 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 GRANTa the variances as applied for, and shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1, 2012 for General Amendments, Sheets I of 2, and 2 of 2. And the amhitectural drawings prepared by David Mullman, R.A., as follows: Sheets A-I and A-2 dated 8/13/12 last revised 11/12/2012 titled "Site Plan for Proposed Renovation", and "Photo of Existing Cottage", sheet DG- 100.00 dated 10/16/12 last revised 10/25/12, sheets A- 101, A- 102, A- 103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and publlc 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. ~'ote of the Board. Ayes: Members: Weisman (Chairperson,) Homing, Goehringer, Schneider. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~, ~ /2013 / / NAOHI MULiHAN ~OTTA~t= II FINAL MAP REVIEWED BY SEE D ECI$~I~I DATED ~ECEIVED~ BOARD OF APPEA[~ EXI~TIN~ ~Ot'I~ITION~ E;~J~V~¥ I tOx Mop District I000 s.~t~o. 5~ e,o~k 05 Lot P/O 12.8 JULY 0~, 2012 Record o~ R~vl$lon$ 51TE MAP SCALE: I"= 400' ~c. ole: I" = BOARD OF APP~ ~~ ~TI~I~ATION ,~/ ~o1~ Ooun~, Ne~ York 1 / +~.,~ -'.~ FINAL MaP SouND PLAN ~ o ~ ~ eo TWO S' DIA, BY4' DEEP DRY WELLS TO CAPTURE ROOF RUNOFF WATER, SEE CALC. 0 10 20 30 40FT I I ~-B.3,6 / / / / / / / / ./ / // / ...................................... +5.14 ZONE AE EL 6 4r3.7~ SL6. J DRAINAGE NOTES ROOF DRAINAGE = 802 SF D=AxlxC A = 5F of AREA r = RAINFALL IN INCHES = 2" C=I D=E02SFX2"Xl = 133.7 CUBIC FEET TO RETAIN 6 ' DIAMETER DRAINAGE RING HOLDS 28,3 CF/FT USE (2) 6' DIAMETER RINGS 4' DEEP = 226.4 CF RETAINED TEST HOLES EL. 6.4 GROUND WATER NO, I 04/26/12 BROWN LOAM (ML) BROWN CLAYEY SAND (SC) BROWN GRAVELLY SAND (sP) NO. 2 0.0' EL. 5.4 0.0' 2.8' BROWN LOAM (ME) BROWN CLAYEY SAND (sc) 7,3' BROWN GRAVELLY SAND (EP) 2.3r 6.15 FLOOD INSURANCE RATE MAP #36103C0159H N GROUND i 6.3' WATER PROPOSED NEW WOOD FENCE AROUND OUTDOOR SHOWER. WITH DUCK BOARD FLOOR. PROPOSED 3'-7" X S'-E" ONE-STORy BATHROOM ADDITION TO ENLARGE PROPOSED STEPS TO RAISED ENTRY DECK PROPOSED PAVERS (GRASS JOINTS) PROJECT LIMITING FENCE AND STAKED HAYBALES TO BE INSTALLED PRIOR TO, AND MAINTAINED DURING, CONSTRUCTION. FINAL MAP } REVIEWED BY/ZBAJ SEE DECISION ~c::~~- DATEOC~/C~I~ SURVEY BY YOUNG & YOUNG DATED 05/21/2012 NOTES~ I, NO FILL TO BE TRUCKED iN/ADDED TO SITE. 2. EXISTING COTTAGE CONTAIN5 A SINGLE BEDROOM (NO LEGEND: AREAS TO BE RECONSTRUCTED WITHIN EXISTING FOOT PRINT PROPOSED BATHROOM ADDITION DRAWING LIST A-I - SITEPLAN OVERVIEW A~2- DETAIL SITEPLAN & RENDERINGS DG-100.00 - DIAGRAMS & SQ. FT, CALCS A- I 01.00 - FLOOR PLANS A-102.00- EXTERIOR ELEVATIONS A- 103.00 - SECTIONS & FOUND. DETAIL SEE SHEET A-2 FOR I ENLARGED PLAN V EW I I RESCALE PLANS; NO DESIGN CHANGE - 11112/2012 REVISED- 10110/2012 Revisions MULLMAN RESIDENCE COTTAGE 1 I 'BREEZEY SHORES' GREENPORT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY MULLMAN SEIDMAN ARCHITECTS 137 VARICK ~REET, SUITE401 NEW YORK, NYI0013 TEL212.431 .0770 FAX2[2.431 . 8428 Drawing Tide Scale hi0 SITE PLAN FOR PROPOSED RENOVATION A-I PHOTO OF EXISTING COTTAGE RENDERING OF PROPOSED CONSTRUCTION 0 I0 20 SO 4OFT / i i i / / / / / ZONE AE EL6 "'~:,'.¥;~, ~'" FLOOD INSURANCE I~TE MAP-- #36103C0159H I I I 6;0~ 6,.65' / PROPOSED NEW WOOD FENCE AROUND OUTDOOR SHOWER, WITH DUCK BOARD ELOOR, PROPOSED 3'-7" X SL6" ONE-STORY BATHROOM ADDITION TO ENLARGE AREA AND RAISE CEILING HEIGHT OF EXISTING BATHROOM. PROPOSED PAVERS (GRASS JOINTS) PROJECT LIMITING FENCE AND STAKED HAYBALES TO BE INSTALLED PRIOR TO, AND MAINTAINED DURING, CONSTRUCTION, N REVIEWED BY ZBAJ SEE DECISION #~::~ DATEDC~9 ~ ~l RESCALE PLANS; NO DESIGN CHANGE - I 1/12/2012 REVISED- 10/10/2012 Revisions MULLMAN RESIDENCE COTTAGE I] 'BREEZEY SHORES' GREENPORT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY MULLMAN SEIDMAN ARCHITECTS 137 VARICK ~RE~,SUITE401 NEW YORK, NYI0013 TEL 212.43l .0770 FAX212,431 .8428 ~OARD OF AppEAt~i Drzwing Tide PHOTO OF EXISTING COTTAGE, RENDERING WITH PROPOSED CHANGES, DETAIL PLAN hS A-2 DEMOUTtON PLAN !4" = I '-0" NEW WOOD FENCE AROUND OUTDOOR SNOWER PROPANE TANK ON PAD EXfSTING FOOTPRINT CONSTRUCTION PLAN 2 i/4" = $(~LIARE I::OO?AGE CA~LCLA?IONS 657.0 608,8 677,6 625.2 20.6 16.4 3. t% 2.7% PR,,OP~S~D BATHROOF'I PLAN 4 i~ = I zi~~ EX}STiNG FOOTPRINT EX[STING 5 u~_" = i'-o" BATHROOM PLAN EXISTIN,G 6 I/'2" = iLO" BATHROOM ELEVATION SEE DEC,Slit EXISTING FOOTPRINT EX~ST~NG FOOTPRINT TO BE REBUILT REBUILD IN EXISTING FOOTPRINT FOOTPRINT EXPANSION ////C./ NEW ROOF ~ LILL~,~A~ RE$11D~NC~ COTTAGE 1 I 'BREEZEY SHORES' GREENPORT, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY MULLMAN SEIDMAN ARCHITECTS .._.AND CO~$T~C_T~ON ,°,,,,,-, DG- 00,00 OFF OF EXISTING WOOD PARTITION ABOVE OUTDOOR WATER SPIGOT BEDROOM RAISED OUTDOOR SHOWER, DUCK BOARD FLOOR, ELEVATION @ +/- 8'-0" JPIR ;, ROOF, FIXTURES AND FII~'INGS DORMER ABOVE KITCHEN HOT WATER HEATER W! SHELF ABOVE REPLACE COVERED ENTRY DECK AS SHOWN GUTFER ABOVE NEW 2X4 STUDS ADJACENT TO EXISTING STUDS, NEW pLATE HEIGHT RAISED PLANTER LIVING/~INING ROOM N. FLOOR ELEV. 10.0 OUTDOOR WATER SPIGOT 2X6 COLLAR TIES @ 4'-0" O.C. PAVERS (GRASS JOINTS) RIDGE LINE OF NEW EXPOSED CATHEDRAL CEILING ALL NEW CLAD HURRICANE WINDOWS REPLACE FRONT ROOM AS SHOWN GUTTER ABOVE NEW (3) 91/2" MICROLAM BEAM ON TRIPLE STUD POSTS WITH SOLID BLOCKING TO FOUNDATION. PAD O CRETE POST (TYP,) NEW 8" SONOTUEE$ 3' BELOW GRADE (TYP,) PROVIDE 2' POURED CONC. FTG 3' BELOW GRADE (TYP.) ANCHOR ROLTS EVERY 4' J (3)2x 12 ACQ TREATED WOOD N~iRDER SMART VENT FLOOR VENT MODEL #LS4O-511 MAXIMUM 12" ABOVE GRADE 14'-4" BEDROOM PORCH LIVING ROOM _FRONT ROOM EXISTING PROPANE TANK ON CONCRETE PAD EXISTING OUTDOOR SHOWER REMOVE ALL WINDOWS REMOVE ALL APPLIANCES, FIXTURES AND CABINETS IN KITCHEN REMOVE COVERED ENTRY DECK AND BATHROOM WALLS, ROOF, FIXTURES AND FITTINGS. RELOCATE HOT WATER HEATER REMOVE WALLS AS INDICATED REMOVE FRONT ROOM WALLS AND ROOF KE~Y ....... j WALLS TO BE REMOVED j NEW WALL CONSTRUCTION EXISTING WALLS TO REMAIN [~;]_-_:_:_:__~ EXISTING WINDO'~ TOWN OF SOUTHOLD SUBMISSION - 10/25/I 2 Revisions RCP/POWER/FURNITURE PLAN Scale: 1/4" = 1 '-0" CONS .T,~U.C, TIOIN PLAN Scale: 1/4 = I-0" FOUNDATION PLAN Scale: 1/4" = 1 '-0" ~ DEMOLI,,TION ,,PLAN Scale: 1/4 = 1'-0 Mullman Residence Co,cage I I I I Sage BIvd Long Island, New York MULLMAN SEIDMAN ARCHITECTS 137 VARICKSTREET #401 NEW YORK, NYI0013 TEL 212 . 43 I . 0770 FAX212 . 43 I . 8428 DriwinE Title PLANS WINDOW SCHEDULE TYPE SYMBOL DESCRIPTION W/MODEL NO. I CIJkD STORM PLUS DOUBLE HUNG BY MARVIN (~ MODEL NO. CUDHS028 ROUGH OPEN~NG 2'-5 3/8" WIDE BY 5'-4 3/8" HIGH CLAD STORM PLUS DOUBLE HUNG BY MARVIN MODEL ROUGH OPENING 2'-5 SIB" WIDE BY 5'-4 3lB" HIGH CLAD STORM PLUS DOUBLE HUNG BY MARVIN (~) MODEL NO. CUDH2426 ROUGH OPENING 2'-5 3,8" WIDE BY 5'-0 7IS" HIGH '~ <~ CLAD STORM PLUS AWNING BY MARVIN MODEL NO, GUAWN36iB ROUGH OPENING 3'-I" WIDE BY IL3 5/8" HIGH ~ CLAD STORM PLUS AWNING BY MARVIN / \ ~ MODEL NO. GUAWN2432 / \~ ROUGH OPENING 2LI" WIDE BY 2'-7 5/8" HIGH r- --q i- .... J I I ROOF PLAN ScalE: 1/4"= 1'-0" ASPHALT SHINGLES BY TIMBERLINE OR EQ. GU'ii'ER -- CORNERBOARD AND TRIM BY AZEK WOOD CLAD HURRICANE WINDOW HARDIEPLANK FIBER(CEMENT BOARD SIDING WOOD LATTICE RIDGE VENT ASPHALT SHINGLES BY TIMBERLINE OR EiQ. ASPHALT SHINGLES BY TIMBERLINE OR EQ. GUTTER CORNERBOARD AND TRIM BY AZEK HARDIEPLANK FIBERCEMENT BOARD SIDING WOOD GLAD HURRICANE WINDOW PTD WOOD OUTDOOR SHOWER ENCLOSURE WOOD LATTICE GUT[ER AT SLOPED ROOF, TYP. ASPHALT SHINGLES BY TIMBERLINE OR EQ. GUTTER CORNERBOARD AND TRIM BY AZEK ASPHALT SHINGLES BY TIMBERLINE OR EiQ, HARDIEPLANK FIBERCEMENT BOARD SIDING PTD WOOD DOOR AND SCREEN DOOR WOOD CLAD HURRICANE WINDOW PTD WOOD PORCH, POST, DECK AND RAILING GORNERBOARD AND TRIM BY AZEK WOOD LAS-FICE ASPHALT SHINGLES BY TIMBERLINE OR EQ. CORNERBOARD AND TRIM BY' AZEK GUTTER WOOD CLAD HURRICANE WINDOW HARDIEPLANK FIBERCEMENT BOARD SIDING WOOD L~TTICE Scale: 1/4 = 1'-0" Scale: 1/4" = 1 '-0" ~1~ EAST ELEVATION ~cale: 1/~' = 1'-0" T,O. ROOF EXISTING T.O. ROOF ~.3o' T.O. PLATE EXISTING T.O. pLATE is.o,,~ GROUND FLOOR 10.00'~ EXISTING GROUND FLOOR 8.05' NORTH ,,EL,E, V~.ATION 4 Scale: 17~ = 1 -0 NOTE: GU'ri'ERS ON ALL SLOPED ROOFS, DOWNSPOUT LOCATIONS TBD TOWN OF SOUTHOLD SUBMISSION - 10/25/12 Revisions T.O. ROOF 23.06' ~0.S0I i8.08, Mullman Residence Cot~ge I I I I Sage Bird Long Island, New York MULLMAN SEIDMAN ARCHITECTS 137 VARICKSTREET #401 NSW YORK. NYI0013 TEL 812 . 43 I . 0770 FAX218 . 43 I . 8428 Drawing Title ELEVATIONS 6" HARDIE PLANK SIDING AZEK DRIP CA," WOOD LATTICE ON NAILERS .'~/-+10'-0" FINISHED FLOOR FLOOD AND VENTILATION (s) (3) EACH WAY MOISTURE SEE STRUCTURAL DRAWING S1102 FOR TYPICAL DETAILS SHOWING ' HOLD DOWN ANCHORS AND STRAP CONNECTORS. FOUNDATION DETAIL AT FLOOD VENT Scale: I"= I'-0" 0 0 0 0 /' / / / T.O. PLATE 2Xl0'S @ 16" O.C. 2X6'S ~ 16" O.C. SEE STRUCTURAL DRAWING S- 102 FOR TYPICAL DETAILS SHOWING HOLD DOWN ANCHORS AND STRAP CONNECTORS. T.O. ROOF -- (2) 2X6 HEADER EXISTING T.O. ROOF SOFFET W/CONTINUOUS VENT PLATE SEE STRUCTURAL CONSTRUCTION DETAIL DRAWING S-102 EXISTING FLOOR JOISTS '\ CONTINUOUS FASCIA BD. SOFFET W/ CONTINUOUS SCREEN VENT EXISTING FLOOR JOISTS GFiUND FLO0~ SEE STRUCTURAL CONSTRUCTION DETAIL DRAWING S-102 OPEN OPEN 8" SONOTUBES 3' BELOW GRADE 2'X2'X12" POURED CONCRETE FOOTING 3' BELOW GRADE ~ SECTIO.N A~,T ,B, EDROOM Scale: 1/2 = 1 -0 NEW (3) 2X10 ACQ, TYP. 12" CONTINOUS FOOTING W/(3) ~ BARS, USE SIMPSON PBS66 TO SUPPORT GIRDER I '-4"X 12" CONTINUOUS SPREAD FOOTING W/(3) ~H BAR EACH WAY PLACE 12" OF 3/4" STONE UNDER FOOTING EXISTING ROOF TO BE REMOVED, NEW ROOF TO MATCH PROFILE AND SLOPE XISTING T,O. ROOF 2x6 COLLAR TIE, USE (8) 10d N! SOFFET W/CONTINUOUS SCREEN VENT CONTINUOUS FASCIA BD. T,O. PLATE ~ 18.08' 8,08' AFF 7.041AFF (EXISTING) 48" O,C. EXISTING FLOOR JOISTS ,/ ,ROUND ELOOR :;--= L MAP ,o.oo, ,o.o0 iSE D __ E×,ST,NG G OUND FLOOR I REVIEWED BY ZBA 8" SONOTUBES 3' BELOW GRADE 2'X2'X 12" POURED CONCRETE FOOTING 3' BELOW GRADE SEOTION ^T KITCHEN Scale: 1/2" = 1 '-0" SEE STRUCTURAL DRAWING s-m02 FOR TYPICAL DETAILS SHOWING HOLD DOWN ANCHORS AND STRAP CONNECTORS. NEW (3) 2XI0 ACQ, TYP. 12" CONTINOUS FOOTING W/(3) ~ BARS, USE SIMPSON PBS66 TO SUPPORT GIRDER 1'-4"XI2" CONTINUOUS SPREAD FOOTING W/ (3) ~1 BAR EACH WAY PLACE 12" OF 3/4" STONE UNDER FOOTING NEW (3) 2X10 ACQ, TYP. 8 50NOTUBES 3' BELOW GRADE 2'X2'X 12" POURED ........ ~ SECTIO,,N AT .L, IVING ROOM SEE STRUCTURAL DRAWING S- 102 FOR TYPICAL DETAILS SHOWING HOLD DOWN ANCHORS AND STRAP CONNECTORS, 12" CONTINOUS FOOTING W/(3)~4 BARS, USE SIMPSON PBS66 TO SUPPORT GIRDER I '-4"Xl 2" CONTINUOUE SPREAD FOOTING W/ (3) ~t BAR EACH WAY PLACE lB" OF 3/4" STONE UNDER FOOTING TOWN OF SOUTHOLD SUBMISSION - 10/25112 RevlsIOfl$ ~4ullman Residence ;o~Cage I I I Sage Blvd .ong Island, New York IULLMAN SEIDMAN ARCHITECTS 137 VARICKSTRE~T #401 NEWYORK, N Y 10013 TEL 21 2 , 43 I , 0770 FAX212 . 43 I , 8428 (~ ~)~_~'~ Drawing Title REcEtVEO SECTIONS AS NOTED A-103 Proi, No, ~/~/~/b fi COUNTY OF SUFFOLK \ ~7~ Steven Bellone · I 0~' Economic Development and Planning Yx~?~uty ~oun/°;~cnue, [Mv i;ai~r~ Commissioner January 8, 2013 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: RECEIVED JAN 1 1 BOARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following 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 Hirschhom (Michael J.) & Martinez (Jimena P.) Shamgar Capital, LLC MMMM Beer, LLC Breezy Shores Community, Inc. (Naomi Mullman-Cottage # 11) 6619 6620 6621 6622 Very truly yours, TRK:mc Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4fl~ FI · P.O. BOX 6t00 · HAUPPAUGE, NY 11788-0099 · (631) 853-5191 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Naomi Multman at Breezy Shores Community, Inc. c/o En-Consultants 1319 North Sea Rd. Southampton, NY 1 t 968 R£CEIVED BO°'RD OF APPEAI.~ DATE: October 22, 2012 Please take notice that your application dated September 12, 2012: For permit for additions and alterations to seasonal cottage at: Location of property: 65490 Main Road Cottage #11, Greenport, NY County Tax Map No. 1000- Section 5~3 Block 5_ Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this non-conforming lot, are not allowed pursuant to Article XXIII, Section 280-123 which states; "A non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, or structurally altered or moved, except as set forth below: unless the use of such building is changed to a conforming use." The existing seasonal cottage is a non-conforming building with a non-conforming use. Additionally, the proposed additions and alterations on this non-conforming lot, are 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 tess than 75 feet from the bulkhead." The site plan shows a proposed setback of 55 feet from the bulkhead. /[utho~ri~d~ Sighature 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. For Office Use Only Date Assigned/Assignment No. Fee: $___ Filed By:. Office Notes: ~IVED · APPEALS APPLICATION TO THE SOUTHOLD TOW2N BOARD OF APPEALS Parcel Location: House No.65490 StreetMain Road (aka Sa~e Boulevard) Hamlet Greenport SCTM 1000 Section 53 Block 5 Lot(s). 12.6 Lot Size 82.6 acres Zone District R-80 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: October 22, 2012 BASED ON MAP DATED October 10, 2012 Applicant(s)/Owner(s): Applicant -Naomi Mullman / Owner- Breezy Shores Community, Inc. Mailing Address: 118 West 79th Slteet, NY, NY 10024 / P.O. Box 925, Mattituck, NY 11952 Telephone: 212-431-0770 Fax: NOTE: In addition Io the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: En-Consultams for ( ) Owner, or (X) Other: Naomi Mullman,Co-op Shareholder Agent's Address: 1319 North Sea Road, Southampton, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: rhemnaun~enconsultants.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED: 10/10/t2 FOR: Other: 9/11/12 and DENIED lg Building Permit D Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xxIII Section 280- Subsection 123 Article xxII Section 280- Subsection lI6(B) Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made at any time with respect to this property. UNDER Appeal No. 6525 + 6557 Year 2012 . fPlease be sure to research before completing this question or or call our office for assistance). Name of Owner: Naomi Mullmal~Eottage #11 ZBA File # Breezy Shores Community, Inc. REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. BOARD OF APPEAL.~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (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: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? (x)Yes, or ( )No. SEE ATTACHED Are there any Covenants and Restrictions concerning this land: []No [-]Yes (please furnish copyg. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ! Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PleASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signat~ant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 17t_h. Robert E. Herrmann day ~December ,2012' -- Coastal Management Specialist KlM H. STEPHENS NOTARY PUBLIO STATE OF NEW YORK COMMISSION NO, 5015931 OUALIFIEU IN SUFFO(.K COUNTY EXPIRES AUGUST 2, Pursuant to Article XXlll Section 280-123, a nonconforming building containing a shall not be enlarged, reconstructed, or structurally altered or moved...unless the use offgff6[/Suflding is changed to conforming use. The subject property, which is accessed by a private road, is located in an R- 80 zoning district and contains approximately 82.6 acres of land. The subject cottage is one of 28 seasonal cottages that were established on the property in the early 1900s when they housed workers of the former Sage brick factory and were later rented to summer guests beginning in the 1940s. Since 2000, the cottages have been individually owned by shareholders belonging to real estate cooperative known as Breezy Shores Community, Inc.. It has been determined by the Town of Southold that these cottages constitute nonconforming buildings containing a nonconforming residential use. Therefore, the Building Department has determined that relief is required to undertake the proposed renovations and alterations since the structure will not be changed to a conforming use. As recognized by the Board in the matter of Hernan Otano, ZBA Case 6525, because each cottage owner retains a share in the cooperative that is governed by a proprietary lease that permits only residential uses on the property, "any other use permitted under the Town Code is virtually impossible...given the cooperative ownership." Indeed, if the use of the subject cottage were changed to any other use than its existing residential use as a seasonal cottage, the applicant's ownership interest in the cottage would be rendered without value. It was also determined by the Building Department that the proposed additions and alterations on this non-conforming lot are not allowed pursuant to Article XXll Section 280-116B because the existing cottage to be renovated is located less than 75 feet from the existing bulkhead. With respect to whether granting of these area variances would cause a detrimental change to the character of the neighborhood or a detriment to nearby properties, as determined in the Otano case, this unique property represents its own neighborhood of 82.6 acres and is far removed from adjacent properties. Thus, no adjacent property would or could be adversely impacted by the proposal. With respect to protecting the interests of neighboring shareholders, the adjacent cottages are of similar size or larger and are similarly set back from the bulkhead. As a result of the proposed renovations, there would be no change to the preexisting +_55' bulkhead setback, and the overall degree of nonconformity of the structure would be increased only minimally. Specifically, the net result of granting the relief necessary for the proposed renovations would be a cottage standing approximately 3 feet taller in height and located the same distance from the bulkhead but with a total floor area of 677 square feet rather than 657 square feet wherein the 20 square foot increase in footprint would be restricted to an approximately 3.5' x 5.5' bump-out located more than 75 feet from wetlands. Therefore, the character of the existing cottage would not be substantially changed nor changed in a way that would adversely impact other shareholders. In fact, as is required within the cooperative, the proposed construction plans have been presented to and approved by the cooperative's Board of Directors and Architecture Committee (see Addendum B). Due to the preexisting location of the cottage less than 75' from the bulkhead and the preexisting nonconforming residential use of the cottage that cannot be changed as described above, it is not possible to make the proposed repairs and modest improvements to the cottage without the requested variance relief. Unlike the Otano case where the previously existing cottage had been removed, the subject application does not propose the demolition and reconstruction of the cottage. See Addendum A for a detailed construction methodology. Mathematically, the variance requested requires approximately 26% setback relief from the bulkhead, but the only proposed footprint expansion will be the approximately 20 square-foot increase in the size of the existing bathroom, which exceeds the 75' bulkhead setback and whose purpose is to bring the ceiling height and fixture clearances of that room into compliance with the Residential Code of New York State (see Addendum C). Otherwise, as the crow flies, the cottage will remain in the same location and configuration as it has existed since the 1940s with minimal alterations. Specifically, the structural footprint will remain unchanged since both the waterside room and entry deck to be reconstructed would be replaced in-place with no footprint expansion and therefore no change in the existing bulkhead setback or degree of nonconformity of the existing structure. The other structural alterations include the in-place raising of the cottage to replace the aging and deteriorating brick foundation and provide increased long- term protection against flooding and potential future damage; an increase in ceiling ling/roof height to create reasonable headroom inside the cottage; the addition of an eyelid dormer to allow for increased natural light inside the cottage; and the installation of an outdoor shower, none of which will result in substantial changes to the appearance of the cottage nor a change or expansion of its use. Area variance relief in this community in general would not have an impact on the physical or environmental conditions of the neighborhood for the reasons described above with respect to the uniqueness and insulated location of the property. The relief would also not have an adverse impact on the physical or environmental conditions of the immediate site or larger subject property. The location of the cottage with respect to wetlands will remain unchanged, and the footprint will increase only minimally (3 percent) as a result of an approximately 20 square foot addition located to the side of the cottage more than 75 feet from wetlands. Thus, as a result of the proposed renovations, a) there will be no change in wetlands setback to the cottage; b) the structural footprint of the cottage will increase by only 20 square feet or roughly 3 percent; c) a presently lacking drainage system of leaders, gutters, and drywells will be installed to capture and recharge roof runoff; and d) the finished cottage will exceed the FEMA-required base flood elevation to provide improved future protection against potential flooding damage. The project has been determined to be out of the jurisdiction of the New York State Department of Environmental Conservation due to the cottage being located more than 100 feet from freshwater wetlands and separated from tidal wetlands by the pre-1977 bulkheading fronting Shelter Island Sound. The need for relief is self-created pursuant to the argument that the current owner invested in the cottage with full knowledge of the zoning code and that without the proposed renovations, no relief would be necessary. However, to the extent that a) any dwelling structure ultimately and unavoidably requires some reconstruction and/or structural alterations to allow for reasonable improvements and modernizations; and b) any such reconstruction or structural alterations would be deemed to require area variance relief on this property, the need for relief is not self-created but created by the fact that the zoning code now prohibits activities which at one time were not prohibited. Sworn to before me this 17th day of December, 2012 J'~ota~y~Public ~) v Robert E. Herrmann Coastal Management Specialist RECEIVED [IH H. STEPHENS NOTARY PUOLIC STATE OF NEW YORK CO~ISSIO~ NO. 5075931 OUALIFI/D IN SUFFOLK COUNTY EXPIRES AUGUST 2, 20~ Addendum A. Construction Process ~ECEIYED BOARD OF APPEALS I. The existing waterside room and bathroom will be demolished. 2. A house mover will thread steel beams under the wood frame cottage and lift it up. 3. The existing aging and deteriorating brick foundation will be removed. 4. A new continuous concrete foundation wall and footing along with concrete center posts will be installed. This new foundation will be taller than the existing foundation and will expand the footprint only at the bathroom area, as shown on the drawings. 5. New wood sill beams and center beam will be anchored to the concrete foundation and center posts. 6. The cottage will be lowered onto the new sills and beam and be anchored with the appropriate straps and anchors. 7. We assume that it is probable that we will need to sister some new joists to some of the existing joists and possibly even replace some joists. 8. In order to raise the ceiling height, the roof will be removed. The existing stud walls will remain in place and we will sister new studs alongside the existing studs to the new higher plate height. 9. New walls will be framed around the waterside room and bathroom. Including a microlam beam in place of the wall between the living room and waterside. 10. New rafters and ceiling joists will be framed and a new roof put on the cottage. The new roof will include a small dormer to let light and air into the kitchen. I I.New hurricane strength windows will be installed in the existing window openings and in the newly framed openings in the waterside room and bathroom. 12. During this process a new electric service will be brought to the cottage underground from the nearest pole. The existing plumbing will be upgraded. The cottage will remain unheated. 13.The walls, ceiling and floor will be insulated and new HardiePlank lap siding will be installed to mimic the existing clapboard. 14. Interior finishes and cabinetry will be completed. 20. RECEZVED Addendum BOARD OF APPEALS Approval Process at Breezy Shores Breezy requires that any shareholder who needs to do renovation work that requires a building permit submit plans and descriptions to the Board of Directors for approval. The Board then passes those plans and descriptions to the Architecture Committee for their review and recommendation. The Architecture Committee reviews the plans for conformance with Breezy Shores Architectural Guidelines and for the appropriateness of the proposed work. Once the Committee reviews the shareholder's proposal they inform the Board of their opinion. They often ask for more information and or clarification of any part of the plans that are not described sufficiently. The Board then makes a final judgment on the proposal and informs the shareholder he may or may not proceed. Shareholders who are permitted to proceed may file their plans with all the required agencies and town boards. Each submission requires not only the signature of the shareholder but also a signature of a Board member. Attached are emails giving approval to file plans for the renovation of cottage number I I. R£CEIVE~ APPLICANT'S PROJECT DESCRIPTION ~J[-" ~ $ (For ZBA Reference) BOARD OF APPEAL~ Applicant: Naomi Mullman, Cottage #I 1 Breezy Shores Cormnunity, Inc. Date Prepared: December 17, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: +/-7.5' x 14.5' watcrfi'ont room; +/-5.5' x 6.5' entry deck; +/-5.5' x 5.5 bathroom II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: +/-3.5' x 5.5' (bathroom expansion) Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 23' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: No. III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One-story, seasonal cottage Number of Floors and Changes WITH Alterations: One-story, seasonal cottage, raised for FEMA enmpliance, with approximately 20 square foot footprint expansion to accormnodate bathroom renovation. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: +/-20 s.f. Square footage of your lot: +/-86.2 acres Percentage of coverage of your lot by building area: N/A V. Purpose of New Construction Requested: The primary purposes of the proposed renovations are to: 1) reconstruct the existing damaged foundation; 2) raise the elevation of the cottage +2' to provide added long-term protection against flooding; 3) replace the deteriorating fi'ontJwatemide room; 4) replace and enlarge the undersized bathroom and bring the ceiling height and fixture clearances of that room into compliance with the residential Code of New York State; and 5) raise the ceiling height of the cottage to a reasonable height. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The land is flat and land contours are unrelated to the variance request. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). Photos included. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [] No Are there any proposals to change or alter land contours? [] No I-lYes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property butkheaded between the wetlands area and the upland building area? Yes RECEIVEO BOARD OFAPPEA~ 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting.? No 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? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and 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?. No If yes, please label the proximity of your lands on your survey. Authorized Signal/re and Date Robert E. Herrmann Coastal Management Specialist Please list present use or operations conducted at this parcelOne-story, seasonal cottage and proposed use same, with cottage ~2' to allow for construction of new foundation (ex: existing single-family dwelling, proposed: same with garage, pool or other)and +/-20 sq. ft. expansion of existing bathroom. PROJECT I.D. NUMBER 7 617 20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR RECEIVI~D 1 APPLICANT/SPONSOR: Naomi Mullman, Cottage #11, Breezy Shores Community, Inc. 3 PROJECT LOCATION: Municipality Greenport 2 PROJECTNAME County Suffolk BOARD OF APPEALS 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) Cottal~e #11, 65490 Route 25, Greenport, Town of Southold, SCTM #1000-53-5-p/o 12.6 5. IS PROPOSED ACTI N [] New i~ Expansion [] Modification/alteration 6 DESCRIBE PROJECTBRIEFLY: Replace the deteriorating foundation of an existing seasonal cottage; raise the elevation of the cottage +/-2' (F.F. El. 10' MSL); reconstruct (in-place) existing +/-7.5' x 14.5' waterside room; reconstruct existing +/-5.5' x 6' bathroom and construct a +/-3.5' x 5.5' )athroom addition; reconstruct (in-place) existing +/-6' x 6.5' entry deck and construct steps thereto; construct a fenced outdoor shower; · emove existing crawl space access; replace roof with new roof+/-1' higher (with same pitch) and add +/-5.5' x 7' eyelid dormer; and nstall two drywells as part of drainage system of leaders, gutters, and drywells, all as depicted on the site plan prepared by Mullman Ceidman Architects, last dated November 12, 2012. 7 AMOUNT OF LAND AFFECTED Initially +/-86.2 acres Ultimately +/-86.2 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] NO tf No, describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other Describe: 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list agency(s) and permit/approvals Town of Southold Board of Trustees 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? []Yes [] No If yes, list agency name and permit/approval 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name~obert E. Herrmann, Coastal Management Specialist DATE December 17, 2012 Signature: ~)~/~..~. ~ ~ I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER PART II- ENVIRONMENTAL ASSESStv~T (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 if yes. coordinate the review process and use the FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If no, a negative declaration may be superseded b another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C1. Existing air quality. Surface or groundwater quality or quantity noise levels existing traffic patterns, solid waste production or disposal potential for erosion drainage or flooding problems! Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other nataral or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term. snort term, cumulative, or other effects not identified in CI-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly RECEIVED BOARD OF APPEAI-~ O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Compieted by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) geographic scope; afld (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential 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 impa~cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it 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: signature ot htesponsJble rJffJCer in Lead Agency Name o! Lea(] Agency I itle ot Responsible ~'fflcer Signature of Preparer (If different from responsible officer) uale 2 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORbt 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 500feet o fa farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Departtnent of Planning in accordance with Sections 239- tn and 239-n of the General Municipal Law. 1) Name of Applicant: Naomi Mullman 2) Address of Applicant: t 18 West 79th Street, NY, NY 10024 3) Name of Land Owner (if other than applicant)Breezy Shores Community, Inc. 4) Address of Land Owner:P.O. Box 925, Mattimck, NY 11952 5) Description of Proposed Project: Replace the deteriorating foundation of an existing seasonal coRage; raise the elevation of the cottage +/-2' (F.F. El. 10' MSL); reconstruct (in-place) existing +/-7.5' x 14.5' waterside room; reconstruct existing +/-5.5' x 6' bathroom and construct a +/-3.5' x 5.5' bathroom addition; reconstruct (in-place) existing +/-6' x 6.5' entry deck and construct steps thereto; construct a fenced outdoor shower; remove existing crawl space access; replace roof with new roof +/-1' higher (with same pitch) and add +/-5.5' x 7' eyelid dormer; and install two ~ells as part of drainage system of leaders, gutters, and drywells, alt as depicted on the site plan prepared by Mullman Seichnan Architects, last dated November 12, 2012. 6) Location of Property (road and tax map number)~5490 Main Road, Greenport, SCTM #1000-53-5-12.6 7) Is the parcel within an agricultural district? r No [~Yes If yes, Agricultural District Number ] 8) Is this parcel actively farmed? [~No l-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Sonthold Real Property Tax System. Name and Address 2. ' (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board 765-1938 o~the Zoning Board of Appeals at 765-1809. '~;::~_~ 12/ 17 /12 S~g~l~ure 6f Applicant--- ' Date at 1. 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 by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submiued 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 OX~rNER and OWNER'S AGENT) ~t£CEIVED BOARD OF APPEAL~ The Town of Southold's Code of Ethics prohibits conflicts of intarest on the part of Town officers and emr~lovees. The ~umose 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. (Last name, first namb, middle initial, unless you are applythg in the nmne of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity:. I I Cbange of Zone Approval of Plat I I Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. Complete the bal~ce of~is 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) auld the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): [----'-~ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicmat 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) m~ officer, director, partner, or employee of the applicant; or [--'-'-~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Print Name: APPLICANT/AGENTIKEP~A~E TRANSACTIONAL DI$CLOSLrRE FORM BOARD OFAppEAI.~ Tho Iowa of Southold'$ Code of Ethic~ ~min'hlt~ ~fl~ ofM~t ~ ~* ~ of m~ offi~ ~ mol~. ~ ~ this ~ is to ~i~ ~ ~ ~ ~ ~e t~n of ~ible ~flt~ ofm~ ~d ~w ~t m ~ ~ha~ ac~ ~ NAME ~}F APPLICATION: (Cb.,~k allthat apply.) Tax ~ievano~ Building Varian~ x~ Tmsl~¢ Cha~ of Zone Coa~al Erozio~ App~val of plat Mooring Exemption fi.om plat tw offiain~ map Plarming Oth~- Of"Other", name th~ ~:tlvlty.) Do you personally (o r through your company, slx~z~, aibling, paint, or child) halo a mlatlco, ah ip ~nith any officer ar graplo,~n~ of ibc Town ofSouthokl? ',P,~latlonshlp" tnclu~s by blood, msn-iage., ee Imsiness int~resL "Bus~n~$ inmam" ~s a btmln~, Includins; a pat'm~'ship, in wlfioh the ~awn officer or ~aployo¢ has ~vt~n a partial ownerd~ip of (or ~raploymeiat by) a corporation in which thc to',~ officer or cmployea o~m$ mo~ than 5% of tho ~are~. NO / I f ym.~ answ~sod '~Y'ES", complete the b,~l~c~ ~,f this form a~d e~at~ and si~ ~ indic~md. Natnc ~ ~ol~ed by ~ To~m ot',%uthold Titla or .p~lti~m of~zt pe~4m l)c~nTae the iT. lalion~]p between you~elf (~e applicantta~at/~lx~-,eata~ve) ~ the town office' ~ employee. Eith~- check the appropriate line A) throesh D) and/or describe in tl~ ~PaCe I~o"~ted- Thc town officer or employe~ or his or her spouse, sibling, p~ eat, or child is {check all that apply): __~,) the owner of gzmtcr than 5~ of th= ahav~ sfac cetpmate stock of tho applicant (,.,/ne~ the applicant is a Cmlamatlon); , ~) thc ~Sal or bellying] owllel' of ~ intereat ha tt Role-COOl.fate eatery (wheta the ~pplica~t h wt a ~aom~ga); C) an off~', din~, palmer, or amployee of me applicant; o~ ___D) t~e actual aRplicanL DESCRIPTION OF P-,~-_~TIONSHIP Form TS 1 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVEO BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME~ Hes_£nemn, Robert E. (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 X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (I f"Other'', name the activity.) Do you personally (or through your company, spouse, sibling, parm~t, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X fyou answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicanffagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicm~t. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this l 7~_day of~ .200A~2 Signature ~[~x._ Print Name gc~l~"Dct- !~ !4~rrmnnn Town of Southold A. INSTRUCTIONS RECEIVED LWRP~ONSISTENCY ASSESSMENT FO ~/'/~ ~ ~OARD OF ^11 applicants ~or pe~its* including Town of Southold agencies, shall complete this proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Th~s assessment ~s inten&d to supplement other in~o~ation used b~ a To~ of Southold agency making a determination of confist~ncy. *~ minor ~ a~ion~ ind~ing ~aiMing ~rmi~ Before answering the questions in S~cfion C, the preparer of th~s fo~ should review the exempt m~nor action list, polities and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to ~ts s~gn~ficant benefich] and adverse effects upon the coastal area (which ~nclu&s all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer mast be explained in detaiL listine both sunnortim, and non- supporting facts. 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 Soathold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. SCTM# 53 PROJECT NAME DESCRIPTION OF SITE AND PROPOSED ACTION 5 12.6 Naomi Mullman, Cottage 11 The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board[--] Building Dept. ~] Board of Trustees [~] ZBA [~ 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: Rep~ac~thedeteri~mtingf~undati~n~fanexistingseas~na~c~ttage;raisethee~evati~n~fthec~ttage /-2 (F.F. EI. 10' MSL); reconstruct (in-place) existing +/-7.5' x 14.5' waterside room; reconstruct existing +/-5.5' x 6' bathroom and construct a +/-3.5' x 5.5' bathroom addition; reconstruct (in-place) existing +/-6' x 6.5' entry deck and construct steps thereto; construct a fenced outdoor shower; remove existing crawl space access; replace roof with new roof +/-1' higher (with same pitch) and add +/-5.5' x 7' eyelid dormer; and install two drywells as part of drainage system of leaders, gutters, and drywells, all as depicted on the site plan prepared by Mullman Seidman Architects, last dated November 12, 2012. Pursuant to Town Code §268-5 ("Review of Actions") and the corresponding definitions of"action" and "minor action" by §286-3 ("Definitions"), the proposed project would thus appear to meet the following definitions of minor action: "B. Replacement, rehabilitation or reconstruction of a stmctura or facility, in kind, on the same site (in place), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA)...;" and "BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the ADDITION is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area." Therefore, as "minor actions," the proposed work would appear to be exempt from waterfront consistency review pursuant to Chapter 268. Should it be determined that the project is not exempt from waterfront consistency review, however, please let me know and we will provide eight copies of a fully completed LWRP Consistency Assessment Form. Location of action: Cottage #11, 65490 Route 25, Grecnport Site acreage: 82.6 acres RECEIVED Present land use: Residential, seasonal cottage Present zoning classification: R-80 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Naomi Mullman 118 West 79th Street New York, NY 10024 (c) Telephone number: Area Code 212-431-0770 (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?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 II1 - Policies; Page 2 for evaluation criteria. [--~Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria EN CONSULTANTS RECEIVED December 17, 2012 BOARD OF APPEALS Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re: Naomi Mullman, Cottage #1 I Breezy Shores Community, Inc. 65490 Route 25, Greenport Dear Ms. Toth: Enclosed for review are a total of(9) separate sets of the following for your review: 4. 5. 6. Notice of Disapproval from the Building Inspector. Zoning Board of Appeals application including; a. Addendum A Construction Process; Addendum B- Approval Process at Breezy Shores; Addendum C - NYS Residential Code diagrams. b. Agricultural Data Statement.. c. Applicant's Project Description. d. Questionnaire. e. Short Environmental Assessment Form. f. Transactional Disclosure Forms. g. Letter of Authorization. Property card; Copies of prior ZBA determinations #6525 and #6557. Survey last revised 8/I/12. Construction plans - Sheets A-I & A-2 last dated I 1/12/12; DG-100.00, A-101, A-102, and A-103 each dated 10/25/12. Exterior cottage renderings and photographs. Copy of NYS Dec Letter of Non-Jurisdiction. Application fee of $1,000.00. One ( 1 ) copy of the first 2 pages of the LWRP Consistency Assessment Form is also included. I hope this information shall allow you to process our request. Should any additional information be required, please, do not hesitate to contact our office. Sinceiely, Coastal Management Specialist /khs Enc. EN-CONSULIANTS BOARD OF APPEALS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants to access my property for the purpose of evaluating and/or delineating wetlands and other environmental features and/or making official inquiries on my behalf and/or representing me and acting as my agent for the purpose of securing regulatory approvals and related matters. Print Name Tue~y, December 11, 2012 11:37 AM Subject: Your Plans Date: Monday, December 19, 201 I 9:58 PM From: Breezy Board <board(~breezyshores.com> To: <dmullman(~mullmanseidman.com> Cc: Board <board(~breezyshores.com> ~.EcEIVE~ ~OARO OF APpEAI.~ David and Naomi, We hope this finds you well and enjoying the upcoming holidays. We wish you and your families a wonderful winter holiday season. Thank you for your patience while we reviewed your proposed construction on your cottage. Both the Board and the Architectural committee have signed off on your drawings. We look forward to discussing your next steps, including the set-up of a construction escrow account (per earlier email we sent out to the community). Additionally, we will need to talk to you about how your permits will be filed-whether or not BSCI will need to be named as property owner on the permit. This is because you are requesting a footprint expansion, and we want to make sure you are appropriately prepared for your presentation to the town. We will be ready to discuss once the holidays are over. Thank you again for the care and preparedness of your drawings. Happy Holidays, Breezy Board Page I of I ADDENDUM C ~ECE~.VE.O BOARD OF APPEALS LESS THAN REQ'D 21" CLEARANCE / · _~-_ ~ ZU LESS THAN REQ'D 30" DIMENSION /LESS THAN REQ'D 30" DIMENSION PLAN I/2" I '-0" ADDENDUM C RECE~/ED BOARD OF APPEALS SECTION 1/2" I '-0" - DOES NOT COMPLY WITH 301.1.3. NONE OF THE CEILING HEIGHT IS ABOVE 7'-0". - DOES NOT COMPLY WITH 301.1.4, REQUIRING A MINIMUM OF 6'-8" CEILING HEIGHT OVER AND AT THE FRONT OF ALL FIXTURES AND THE REQUIREMENT THAT THE SHOWER SHALL HAVE A MINIMUM HEIGHT OF 6'-8" OVER A MINIMUM AREA OF 30" X 30". RECEIVED · State IIOARD OF APPEAI~ o I 2010 Residential Code of New York State I · Chapter 3 - Building Plannin~ · SECTION R301 DESIGN CRITERIA · SECTION R302 EXTERIOR WALL LOCATION · SECTION R303 LIGHT, VENTILATION AND HEATING · SECTION R304 M1NIMUM ROOM AREAS · SECTION R305 CEILING HEIGHT · SECTION R306 SANITATION · SECTION R307 TO1LET, BATH AND SHOWER SPACES · SECTION R308 GLAZING · SECTION R309 GARAGES AND CARPORTS · SECTION R310 EMERGENCY ESCAPE AND RESCUE OPENINGS SECTION R311 MEANS OF EGRESS SECTION R312 GUARDS SECTION R313 SMOKE ALARMS, CARBON MONOXIDE ALARMS AND AUTOMATIC SPRINKLER SYSTEMS SECT1ON R314 FOAM PLASTIC SECTION R315 FLAME SPREAD AND SMOKE DENSITY SECTION SECTION SECTION SECTION SECTION R316 INSULATION R317 DWELLING UNIT SEPARATION R318 MOISTURE VAPOR RETARDERS R319 PROTECTION AGAINST DECAY R320 PROTECTION AGA1NST SUBTERRANEAN TERMITES SECTION R321 SECTION R322 SECTION R323 SITE ADDRESS ACCESSIBILITY ELEVATORS AND PLATFORM LIFTS SECTION R324 FLOOD-RESISTANT CONSTRUCTION )2. R305.1 Minimum height. R305.1 Minimum height. Top Previous Section Next Section To view the next subsection please select the Next Section option. SECTION R305 CEILING ItEIGItT R305.1 Minimum height. Habitable rooms, hallways, corridors, bathrooms, toilet rooms, laundry rooms and basements shall have a ceiling height of not less than 7 feet (2134 mm). The required height shall be measured from the finish floor to the lowest projection from the ceiling. Exceptions: 1. Beams and girders spaced not less than 4 feet (1219 mm) on center may project not more than 6 inches (152 mm) below the required ceiling height. 2. Ceilings in basements without habitable spaces may project to within 6 feet, 8 inches (2032 mm) of the finished floor; and beams, girders, ducts or other obstructions may project to within 6 feet 4 inches '1931 mm) of the finished flo~. 3. For rooms with sloped ceilings, at least 50 percent of the required floor area of the room must have a ceiling height of at least 7 feet (2134 mm) and no portion of the required floor area may have a ceiling height of less than 5 feet (1524 mm). 4. Bathrooms shall have a minimum ceiling height of 6 feet 8 inches (2036 mm) over the fixture and at the front clearance area for fixtures as shown in Figure R307.1. A shower or tub equipped with a showerhead shall have a minimum ceiling height of 6 feet 8 inches (2036 mm) above a minimum area 30 inches (762 mm) by 30 inches (762 mm) at the showerhead. Top Previous Section Next Section To view the next subsection please select the Next Section option. COPYRIGHT 2007 by INTERNATIONAL CODE COUNCIL (~ RECE~/ED BOARD OF APPEALS RECEIVED / SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION · State BOARD OFAPPEALS o I 2010 Residential Code of New York State · Chapter 3 - Building Planning R301 DESIGN CRITERIA R302 EXTERIOR WALL LOCATION R303 LIGHT, VENTILATION AND HEATING R304 MINIMUM ROOM AREAS R305 CEILING HEIGHT R306 SANITATION R307 TOILET, BATH AND SHOWER SPACES R308 GLAZING R309 GARAGES AND CARPORTS R310 EMERGENCY ESCAPE AND RESCUE OPENINGS R311 MEANS OF EGRESS R312 GUARDS R313 SMOKE ALARMS, CARBON MONOXIDE ALARMS AND AUTOMATIC SPRINKLER SYSTEMS SECTION R314 FOAM PLASTIC SECTION R315 FLAME SPREAD AND SMOKE DENSITY SECTION R316 INSULATION SECTION R317 DWELLING UNIT SEPARATION SECTION R318 MOISTURE VAPOR RETARDERS SECTION R319 PROTECTION AGAINST DECAY SECTION R320 PROTECTION AGAINST SUBTERRANEAN TERMITES SECTION R321 SITE ADDRESS SECTION R322 ACCESSIBILITY SECTION R323 ELEVATORS AND PLATFORM LIFTS SECTION R324 FLOOD-RESISTANT CONSTRUCTION R307.1 Space required. R307.2 Bathtub and shower spaces. R307.1 Space required. R307.2 Bathtub and shower spaces. Top Previous Section Next Section SECTION R307 TOILET, BATH AND SHOWER SPACES To view the next subsection please select the Next Section option. R307.1 Space required. Fixtures shall be spaced as per Figure R307.1. WALL t T~8 For SI: I inch = 25.4 mm. FIGURE R307.1 MINIMUM FIXTURE CLEARANCES RECEIVED &~') BOARD OF APPEALS R307.2 Bathtub and shower spaces. Bathtub and shower floors and walls above bathtubs with installed shower heads and in shower compartments shall be finished with a nonabsorbent surface. Such wall surfaces shall extend to a height of not less than 6 feet (1829 mm) above the floor. Top Previous Section Next Section To view the next subsection please select the Next Section option. COPYRIGHT 2007 by INTERNATIONAL CODE COUNCIL BOARD MEMBERS ?-Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P_ Goehringer George Homing Ken Schneider .? k._LS /i JUL 2 4 2012 BI. DG. DEPt. TOWN OF SOil[It(ltD l~ttp://southoldtown.northfork.net ONING BOARD OF APPEALS TOWN OF SOUTHOLD ~1. (631) 765-1809 · Fax (631) 765-9064 Southold 'lbwn Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, Capital Oae Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 IlOARD OF ZBA FILE: 6525 NAME OF APPLICANT: Breezy Shores Co nmun'ty, Inc. (Heman Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM#1000-53-5~12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and detemfines that this review Falls under the Type II category of tho State's List of Actions, without furtber steps nuder SEQIC~'k. 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 November 17, 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. .L..y~/~ DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfrom Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. 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 determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTSfDESCRIPTION.' Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated JanumT 25, 2011. The multiple cottages on the property are a pre-existing non-conforming nsc that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees &the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by file community and shares were offered as an ownorship interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article Xxm Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of m'ucmre dated December 8, 2011, Notice of Disapproval based on an application for building permit for demolition and construction of a cottage al; 1) a nonconfornfing building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a eonfmaning use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. RECEIVEb Page 2 of 3- J~Jly 19, 2012 ZBA File#6525 - Olano CTM: t000-53-Sq 2.6 BOARD OF APPEAL~ RELIEF ~UESTED: The applicant requests variances to reconstruct a cottage that was demolished and built" construction with a nonconforming use where the code permits no enlargement, reconstmctlon or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the bearing, the applicant was asked to separate the two variance reqnests: 1) the nonconformity to be considered under the use variance standards; and 2) the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file #6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage offthe foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without beuefit cfa building permit. The cottage is part of an incorporated community, In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for penuission for a 19 tot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discoutinued use of renting the cottages, the application was deemed i~metive and closed since the applicant never provided the additional requested documents, it is also noted that this propel~:y does not have 2g0A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2011, January 5, 2012, Mamh I, 2012 and Jone 7, 2012 at which time written and cml evidence Were presented. Based upon all testimony, documentation, pemonal 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)(l). Grant of the varimlce will not produce an undesirable change in the character of the neighboflmod nor a detriment to nearby properties. This unique pt,operty represeuts its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900% when they were built for occupancy by workers in the Sage brick factor3'. In the t 940% when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similea'ly located from file bulkhead and arc of similar size. 2. _T_own Law ~267-bO)fb}(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietm~, lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in n conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its ovmers. Additionally, the proprietary lea.ge cannot take precedent over the Town Zoning Code_ 3. Town Law §267-bO)(b)~3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, in the context of the entire community the variance is not substantial. The non- confbrming cottage units have exi~ed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed slructure shall remain the same. 4. Town Law §26%b(3)ib)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions itl the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to tbe requirements of Chapter 236 of the code regarding storm water runoff. 5. Town Law §267-b(3)(b)(S}. 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 tho cZ // # ZBA FiletS6525 - Otano limitations on the use of tile pamel under tile Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant procecded with a demolition/construction of this structure without thc benefit of a building permit. 6. Town Law I~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. R.ESOLUTION OF TI-~ BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offhred by Member Weisman (Chairperson), seconded by Member Gonhringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated l 1/10/2011 and stamped received by the Board of Appeals on November 10, 201 I. U. QNDITIONS: 1. The strlleture shall be used only as an unheated seasonal cottage 2. No fi,ture alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessms~ minor repairs, as de/ermined by the Building Department. That the above conditions be written into the Budding Inspector '~ Certificate of Occupancy, when issued. Any deviation.from the sut-vey, site plan and/or architectural drtrwlngs cited in this decision *vill result in delays and/or a possible denial by the Building Department ora building permii, and may require a new application and l~tblic 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, extenslon~, or demolitions, are not authorized under this app[icatlon when involving noncon,£ormitiea, under the zoning code. This action does not authorize or condone any current or future use, setback or other feature qf the subject property that may violate the Zoning Code, other than such ua'es, setbacks' and other feature~* as are expressly addressed tn this. action. The B~ard rea'arras the right to substitute a similar design that is de rninlmls in nature for an alteration that does not increase the degree of noncot~formily. Vote of the Board: Ayes.- Members ~9'eisma** [Chairpe -.~on), Goehringe~; Schneider, ['lorning. Nr~: M~r Dinizio. This Resolution was duly adopted (4-I), Leslie Kanes Weisman, Chairpe~on Approved for filing ~ /~ /2012 BOARD MEMBERS ,es]ie Kanes Weisman, Chairperson James Dinizio, Jr, Gerard P. Goehdnger George Homing Ken Schneider Bi I)f;. Itl_PI. http:llsoutholdtown,northfork.net ONING BOARD OF APPEALS TOWN OF SOUTHOLD (631) 765-1809 · Fax (631) 765-9064 ~S, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 Southoid Towo Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Aunex/First Floor, Capital One Bank 54375 Maiu Road (at Youngs Avenue) Southold, NY 11971 RECEIVED BOARD OFAPPEALS ZBA FI.LE: #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Heman Olano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM # 1000-53-5-12.6 SEORA DETER.MINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review Falls under the Type II category of the State's List of Actions, without fi~rther steps nnder 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 Couoty Department of Planning issued its reply dated November 17, 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: 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 his recommendation dated November 29, 2011. Based upon the infom~ation provided on the LWPd* Consistency Assessment Form submitted to this department, as well as the recto'ds available to us, it is our recommendation that the proposed action is CONSISTENT with LWIEP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCPdPTION: Subject parcel is located in the R-80 zone and contains 82.6 acn:s. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique prope~x'y deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevm'd) and the property is adjacent on the south to Shelter Island Sound, as shown on the ,survey dated January 25, 201 l. The muRiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the gage ~hmily in the early 1900s. The cottages honsed employees oft. he Sage family brick factory mad have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by file community and shares were offered as an ownership interest in the cooperative. The cottage at issue itl this application is known as Cottage no. 5 and is owned by Haman Otc_no. BASIS OF APPLICATION: Request for Use Variance under section {}280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use _P~ELIEF REOUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage. The total 807 square feet includes the habitable space and non-habitable porch, but not RECEZVED ZB^ Filo#6557- ~ano w ~ ~ ~ CT~; ~000-S~-542.~ BOARD OFAPPEALS the stairs and landing. ~e need ~r a use v~iance is caused ~ thc request to establish an additional use (non- conform lng co,age) on a su~ieet prope~ that air,dy has a principal use (dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an arcs variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the slxucture would cause the structure to lose its pre-existing nonconforming status, the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this stnmture constitutes a nonconforming building with a nonconforming usc; whether §280-122 pemiits the demolition and reconstruction cfa pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTIQ~.~ The Zoning Board of Appeals held public hearings on this application on December I, 2011, January 5, 2012, Mamh 1, 2012 and June 7, 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 tblIowing facts to be tree and relevant and makes thc following findings: I. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated ou Mm*ch 6, 2012, the proposed action included thc demolition and construction cfa cottage. It is important to point out that tbe Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure. The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structnre: A floor plan with its original application dated 11/10/2011 indicating "rebuilt existing walls" and "new walls" A memorandum, received ou December 28, 2011 that included a listing of items that remained in the structure and items that were re-built A letter from an Architect, Robert I. Brown dated December 13, 2011 stating that "less than 50% of the structure had been demolished" At the public hearing ou March I, 2012, the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally, the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10, 2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation, nor did he provide such calculations at or after the public hearing as requestext. As such, the .~mtements made therein are simply conclusory with no basis in fact before the Board. On thc other hand, and based upon the physical inspection of the structure thc Board notes the following items: I. A new foundation was installed; 2. New plywood siding was installed; New joists were installed; New strapp{ng was installed; $. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was rep]aced; 9. Entire porch was replaced; l 0. Each wall was replaced; 1 I. The roof would be replaced; 12. One third of thc floor system was replaced. BOARD OF APPEALs As stated by the Chief Building Inspector at the Mamh 1, 2012 hearing (transcript p. 24, line 25, p. 25 line 1) "[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such, this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming stataq that this building maintained prior to the cmnmencement of any construction. II. ~nc~.Qn_~i' rmi.n.&Status of thc Structure and Interpretation of ~280-122 A. Nonconforming Status of the Structure As set forth above, the December 12, 2011 Notice of Disapproval (updated March 6, 2012) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to {}280-123 of the Town Zoning (;ode: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless thc use of such building is changed to a conforming use At the January 5, 2012 pubic hearing, when asked to explain thc language of the Notice of Disapproval, the Building Department Permits Examiner, Putt]cia Conklin, testified: "I looked at the paperwork. Saw pictures from the Trustees and determ{ned with the site review, determined that it was a nonconforming building. No. I becatkqe it is a seasonal cottage and its less than 850 square feet. Therefore it fits thc category of a nonconforming building. The second part of that nonconforming use is, it's the second structure as a principal building which is on that property. (January 5, 2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures, they are not perm itted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition, this is a nonconforming building because it's less than 850 square feet, as defined in the Southold [Town Code]." (January 5, 2012 transcript, p. 89 lines 3-12) Thc applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under {}280-122. More specifically, the applicant cited Matter of Dawson v. Zoning Board of,Il)peals of the Town of ~gouthold, 12 A.D.3d 444, 785 N.Y.S_2d 84 (2~ Dept. 2004) as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a noneontbrming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under §280-121 which governs nonconforming uses. The Court concluded ZBAFileIi6557-O~ano ,'y'~, '~ ~ · . that the co~agc was acc~sso~ to th~ principal dwelling and thcr~for~ a nonconforming bmldm~ a conforming use. As such, th~ abandomnent provis~ons o~ the Town code were not applicable and ~a variances should have b~on granted. ~e facts at issue in this ins~ce ~o cl~ly dist~guishable From ~e cJroumsmnces present in D~'on. H~re, the ZBA is not simply dealing wi~ a single family dwelling and a single aocesso~ co~ago. While the Cou~ considered the co,age an established acc~so~ use to a principal dwelling, having 28 co~es as ~ accesso~ to a residential use is simply not sup~rtcd by Dawson. Pursuant to §280-13(A)(I) each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set fbrth in Chapter 240 of the Southold Town Code. This property coutalns three dwellings and 28 seasonal cottages on a single tot. This is further complicated by fl~e fact that this "cottage" does not meet the definition ora dwelliug under §280~4, that "cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling, As such, this cottage is tremted as a noneouforming building with a nonconforming use that requires a use variance. B. Interpretation of §280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required, the ZBA will issue a determination ou whether §280-122 permits an applicant to demolish and reconstruct a stracture, in place and in kind, without the need tbr ftu~her variances, as argued by the applicant. Section 280-122 (A) states: Nothing iu this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create aBy new nonconformance or increase the degree of nonconfommnce with regard to the regulations pertaining to such buildings. Throughout this proceeding, the applicant has argued that, pursuant to §280-122(A), he was permitted to demolish and reconstrnct this structure in place and in kind, in its entirety, without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with a copy ora memorandum of the ZBA to the Bnilding Department from 2002. (March I~ 2012 Transcript, pp 16-21 ). This memorandum set forth types of"reconstruction" that would not trigger the need tbr additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without increasing the degree of nonconformity; r~pair or replacement, in place and in kind, of siding or roofing; or replacement or repair of existing decks, porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing iu this memo, it is clear that the ZBA has interpreted §2g0-122 to allow a property owner to make minor repairs and for minor recoustruction. As such, the term "reconstxuction" as used in §280-122(A) does uot permit the demolition of an entire struoture and replacement in kind without obtaining all required variances. II. Use Variance A~101ic.ation 1. Town Law §267-b(2)(b}(1). The applicaut 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 provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietm3' lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind, the applicant's ownership interest has no value and is rendered useless. The applicant P~ ~ of 6- July 19.2012 ZBA File#SS57 - Ol~no CTM: I099-53-$-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as informati~01~ltt~t~l~ salesin the m'ea of'the property, as well as information regarding the maintenance and carrying charges on the property. In tight of these circumstances, the Board finds that file applicant cannot realize a reasonable return on his property interest. 2. Towu Law ~267-b(2)(b)(2). The hardship is uuique to the property and it does not apply to a substantial portion of the district or neighborhood. As set ibrth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire ootnmunity. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant cfa use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law §267-b(2)(b)($), The requested use variance, if granted, will not alter the essential character of the neighborhood. Wifl~ respeCt to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water vicws. Additionally, the location of thc reconstructed structure is appropriate within the context of this neighborhood, as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law §267-b(2}(b~(4~l The alleged hardship has not been self:created. The applicant purchased his interest in the Breezy Shores community and tile subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores comtnunity required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house, the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law §267-b Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and prelect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: Itl considering all of the above lhctors and applying the brimming test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the use variance as applied for, subject to tile following conditions: CONDITIONS: 1. The structure shall be used only as an nnbeated seasonal cottage. 2. No fixture alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditiono' be written into the Building Inspector '~ Certificate of Occupancy, when issued /lny deviation frotn the survey, site plan and/or architectt~ral drawings cited in th~s deciMon will re*uR in delays and/or a po~:vibte denial by the Building Department cfa building permit, and may require a new appl~caaan and public hearing befbre the Zoning Board of Ap, peals. Any deviation from the variance(s) granted herein m' shown on the architectural drawings, site plan and/or survey cited above, s~ch ct, alterations, ~xtension& or demolitior~, are not authorized under this applicat~an 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 m'ubjecl property that may violate the Zoning Code, other than such uses, s~tback* and other features as are expressly addressed in this action. NAOMI MULLMAN, 65490 ROUTE 25.~ COTTAGE 11~ GREENPORT ~ OF APPEALS Figure L Looking northwes! at south/watershle and east side of existing cottage. Figure 2, Rendering of south~waterside and east side of cottage with proposed renovations. NAO__M[ ~ULLM~AN, 65.~490 ROUTE 25, COTTAGE 11, GREENPORT ~ECEZVED / Figure 3. Looking northeast at south/waterside and west side af existing cottage. Figure 4. Rendering of south/wate~ide and west side of cottage with proposed renovations. NAOMI MULLMAN~ 65490 ROUTE_ 2~.~.COTTAGE 11, G~ENPORT Figure 5. Looking north from beach at exist#tg cottage. Figure6. Looking south from toward bulkhead and Shelter lsland $ound from east side of cottage. NAOMI MULLMAN, 65490 ROUTE 25~ COTTAGE 11, GREENPORT / Figure 7. Looking west along shoreline at neighboring ~hareholder cottages. Figure 8. Looking east along shoreline at neighboring shareholder cottages. BREEZY SHORES COMMUNITY, INC. P.O. BOX 925 Peconicpainting@bells0uth.net MATTITUCK, NY 11952 February 1, 2013 I, Donald E. Wilson, President of Breezy Shores Community Inc. Coop Board, hereby affi~-~ii that the Board has reviewed the site plan and cottage for renovation of cottage number 11 for Naomi Mullman, which was prepared by Mullmann, Seidman Architects, last dated 11/12/12 (Sheets A-1 and A-l) and 10/25/12 (Sheets DG-100, A-101, A-102 and A-103) and have no objections thereto. Both the Board and the Architectual Committee at Breezy Shores approve of the renovation plans. New York State Department Environmental Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.ny.qov Conservatl~ ~ECE~VED LETTER OF NO JURISDICTION ~OARD OF APPEA[.~ September 4, 2012 Breezy Shores Community, inc. c/o Peconic Painting PO Box 925 Mattituck, NY 11952 Breezy Shores Cottage # 11 65490 Route 25, Greenport S CTM# 1000-53-5-p/o 12.6 Application #1-4738-01951/00011 ARNO-DEP Dear Applicant: Based on the information you submitted, the Department of Environmental Conservation has determined that the project proposed for cottage #11, as shown on the site plan by David Mullman, last dated 8/13/12, landward of the bulkhead greater than 100' in length, constructed pdor to 8/20/77 as evidenced on a aedal photograph by Aerial Image Resoumes, dated Apdl 6, 1976, and greater than 300' from the tidal wetland boundary as shown on the GIS 2010 orthoimagery, is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. The Department of Environmental Conservation (DEC) has also determined that your project, as shown on the survey by Howard W. Young, last revised 811112, is more than 100 feet from regulated freshwater wetlands. Therefore, no permit is required pursuant to the Freshwater Wetlands Act (Article 24) and its implementing regulations (6NYCRR Part 663), Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence, barder, or hale bay berm. Also please be advised, all construction, clearing, and/or grouted disturbance must remain more than 100 feet from the freshwater wet[and boundary. In addition, any changes, modifications or additional work to the project as described, may require DEC authorization. Please contact this office if such activities are contemplated. This letter shall remain valid unless site conditions change. cc: BOH-TW; BOH; Eh-Consultants; N. Mullman; File 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. SCTM # ' '/0~) - 53 - 5- )2.. ~ OWNER LAND TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET 6 S L.~q,~) TYPE OF BLD. rMP. TOTAL qg,,~ oo~ DATE FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL OWNER LAND Ik TOTAL TOWN OF SOUl'HOLD PROPERTY RECORD CARD · ~..~ ~ ,~:~-~--~ . ?" STR-£E~-/ J~'L/z~ ~~'-'~i3IST~ SUB. LOT TYPEOFBL . ~ , ~ -- DEPTH OWN OF $OUTHOLD PROPERTY RECORD CARD ~ ~ w~ ' LAND SEAS. IMP. 5,/oo VL TOTAL ~,.~oo FARM DATE /.~.~,f~ ~ / 47388~ ~$ , -5-1_.2.6 NUMBER# DATE TYPE OWNER: ~HORES INC BREEZY CO ~ USE/DESCRIPTION Tillable Woo6[and 23440 23441 23442 23~3 23444 23623 5/15/96 PERMIT 5/15/96 PERMIT 5/15/96 PERMIT REPAIR COTTAGE ~25 COTTAGE - #7 REPAIR COTTAGE ~25 5/15/96 PERMgT 5/i5/96 ~E~.~ZT KEPAIR CTO #12 RE~AIR COTTAGE #4 ~ R~PAI~ F.~XISTING SEASONAL COTTk Meadowland'::: House Plot ~ :, C0/~4. , MICS. Mkt. Value REMARKS BOARD OF APPF~ ~ECEIVED BOARD OF APPEAJ.~ COLOR·. TRIM / Porch Porch ~ Z · ~ ~ " Patio O.B. Toro! /. F~ur~dat~on asement Ext. Wails F~e Place Recreation Room Dormer Floors Interior Finish ~f~,~ ~.~- Heat Rooms I~ Floor R~ms 2nd Floor Drivew~ BR. FrN. B ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-31-12 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP En-Consultants for 6622 BREEZY SHORES RECEIVED COMMUNITY, INC. 5539 $1000.00 (Naomi Mullman cottage #1~) JA~I 2 2Ol,~ ;outhold Town Clerk TOTAL $4000.00 Sent via Inter-Office to Town Clerk by: Thank you. ES ~'own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/02/13 Transaction(s): 1 1 ZBA Application Fees Check#: 5539 Receipt~: Reference 6622 Total Paid: 144369 Subtotal $1,000.00 $1,000.00 Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6622 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 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 www. southoldtown ny. gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 2, 2013 Zoning Appeal No. 6622 Transmitted herewith is Zoning Appeals No. 6622 of En-Consultants for Naomi Mullman {Breezy Shores) - the Application to the Southold Town Zoning Board of Appeals and Addendum A & B. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from En-Consultants Dated December 17, 2012, Authorization Letter from Naomi Mullman to En-Consultants to Represent her in this Matter Date June 6, 2012, Notice of Disapproval from the Building Department Dated October 22, 2012, E-mail from Breezy Shores Board Dated December 19, 201 l, Two Pages of Addendum C, Four Pages of Residential Building Code, Three Pages of Findings and Determinations from the Zoning Board of Appeals No. 6525 Dated July 19, 2012, Five Pages of Findings & Determinations from the Zoning Board of Appeals No. 6557 Dated July 19, 2012, Six Pages of Drawings & Photos of Property, Letter from DEC Stating that New York State has no Jurisdiction in Regards to this Property Dated September 4, 2012, Four Pages of Property Record Card, Two Pages of Survey of Breezy Shores and Property Dated August 1, 2012 Prepared by Young & Young, Six Pages of Plans Showing Floor & Elevations Dated August 13, 2012 Prepared by Mullman Seidman Architects. 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, FEBRUARY 7, 2013 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~ FEBRUARY 7, 2013: 1:00 P.M. - BREEZY SHORES COMMUNITY, INC. (NAOMI MULLMAN) - #6622 - Request for Variances from Article XXlII Code Section 280-123, Article XXll Section 280-t16 (B) and the Building inspector's October 22, 20t2 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-t2.6 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 emaih Vicki.Toth(~.Town. Southold. ny.us Dated: January 8, 20'13 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BREEZY SHORES COMMUNITY, INC. (NAOMI MULLMAN) # 6622 SCTM #: 1000-53-5-12.6 VARIANCE: NON-CONFORMITY & BULKHEAD SETBACK REQUEST: ADDITIONS & ALTERATIONS DATE: THURS., FEB. 7, 2013 1:00 PM If you are in.terested in this. project, you may review the file(s) prior to the hearing dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11030 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 I_.L week(s), successfully commencing on the 24th day of January, 2013. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 7, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of rite Town Law and Town Code Chapter 280 (Zoning), Town .of Southold, the following public hear- rags will be held by the SOUTHOLD TOWN ZONING BOARD OP AP- PEALS at the Town Halt, 53095 Main Road, P.O. Box 1179, Southold, New York 11971;0959, on THURSDAY FEI3- RUARY 7. 201_3; 10:00 A.M.. NEW SUFFOLK WA- TERFRONT FUND. INC.. #661~-- (adj. from PH 1/3/13) Request for Spe- cial Exception per Axtic/e XIII Section 280-55 (B) 1 to operate a restaurant in a Marine 11 (MID District, located at: 650 Eh-st Street (corner Jackson Street, Main Street) (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-8-18 : Request for Variance from Article 1II Code Section 280-15 and the BuUding Inspector's November 2, 2012, Updated January 3, 2013 Notic~ of Disapproval based on an apphcation for building permit for an accessory two car garage with shed and loll at: 1) accessor~ build- ing is proposed ~n a lo~ation other than the code required rear yard, located at: Private Road (aka Treasure Pond Road) Off East End Road Fishers Island, NY. SCTM#1000-8-2.4 _11.-00 A.M. - SHAMGAR CAPI- TAL. LLC fDANIEL BUTYAFUOCO} b~6620 - Request for Variance from Ar- ticle III Section 280-14 and the Build- ing Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: I) more than the code required number of stories of 21/2, located at: II65 Kimberly Lane ( adj. to Southold Bay) Southold, NY. S£TM#10~) 70-13 20.7 ll:20~A.M. - MMMM BEER. LLC. - ~2~ - Request for Variance from Ar- ticle XI Section 280-47 and the Building Inspector's December 12, 2012 Notice of Disapproval based on an application for building permit for demolition and re construction of a portion of an existmg comamrcial building at: 1) less than the code required front yard setback of 100 feet, located at: 42155 Main Road ,tka State Route 25 (corner Peconic Lane) Peconic, NY, SCFM#1000-75-1-14 11:40 A.M. - PETER and TERlZSA ~ENOTTI - g662o. Requests for Varl ances under Sections 280-105 II (A and B), based on the Buila"mg Inspector's November 15, 2012 Notice of Disap- proval concerning "as built" 5 foot high fence and "as built" 8 foot high deer fence around a single family dwelling, at: 1) fence height at more than the code permitted four feet in height when In cated in a front yard, 2) fence height at more than the code permitted 6 ~A feet in height when located in the side and rear yards, at 930 Qearview Road, (adj. to Cedar Beach Harbor) Southold; CTM 1000-89-3-11.4 L~O PM. - BREEZY SHORES CHRISTINA VOLIN NOTARY PUllLIC-STATE OF NEW YORK NO. 01VO6105050 Qualified In Suffolk County My Commission Expires February 28, 2016 2013. 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 January 7, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, February 7, 2013 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 Suffolk Times. 1) Before January 21st: 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 hearing, providing the returned letter to us as soon as possible; AND not later than January 28th: Please either mail or deliver to our office your Affidavit of Mailinq (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 January 30th: 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 February 5, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS Breezy Shores Co~nunity, Inc. (Naomi Mullman) 0qame of Applicants) SCTM Parcel # 1000- 53-5-12.6 COUNTY OF SUFFOLK STATE OF NEW YORK I, Kim H. Stephens ~ Eh-Consultants, 1319 NOrth See Road, New York, being duly sworn, deposes and says that: Southampton On the 1 6th day of January ,20 1 3~ I personally mailed at the United States Post Office in ~onz/mmgtcm~, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or (X) 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. C2:~'./1' (~i~atUre) Sworn to before me this 2-7 day of ~ ;201~ (Notary Public) / PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. PATRICIA POLAKIEWICZ Notary Public, State of New York Suffolk County, No. 52r452~1~,?., Commission Expires ~ -^/ EN-CONSULTANTS January23,2013 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re; Breezy Shores Community, Inc. (Naomi Mullman) SCTM #1000-53-5-12.6 Dear Ms. Toth: In accordance with the January 7, 2013 correspondence regarding the February 7, 2013 meeting for the above referenced project, enclosed are the Affidavit of Mailing with a list of the parcel numbers, names and addresses attached, along with the green/white receipts postmarked by the Post Office. Thank you for your attention to this matter. Sincerely, ~~n$~ Enc. 1319NortlnSeaRcx~diSouthampton New York 11968 Ip63128363601 f6312836136 ,' , ,r ~', j,' SCTM #1000-53-2-29.1 LIRR Jamaica Station Mail Code 3146 Jamaica, NY 11435 Atto: Kenneth Rydzewski SCTM #1000-52-5-59.10 (Town of Southold Development Rights} Christian Baiz III P.O. Box 726 Southold, NY 11971 SCTM #1000-56-4-24 Stephen Patterson III Edwin Tuccio 193 Griffing Avenue Riverhead, NY 11901 SCTM #1000-47-1-39.2 & #1000-53-5-8 Rita Reis & Robert Wiezorek P.O. Box 1725 Southold, NY 11971 SCTM #1000-53-5-12.6 Breezy Shores Community, Inc. P.O. Box 925 Westhampton Beach, NY 11978 SCTM #1000-57-1-38.3 Brick Cove Realty LLC P.O. Box 455 Southold, NY 11971 SCTM #1000-53-5-2 Karol Flipkowski P.O. Box 356 Cutchogue, NY 11935 SCTM #1000-53-5-3 George & Stavroula Protonentis 261 76~h Street Brooklyn, NY 11209 SCTM # 1000-53-5-4 Seymour Brittman P.O. Box 1247 Southold, NY 11971 SCTM #1000-53-5-5 Albert & Dorothy Wieck 465 Tarpon Drive Southold, NY 11971 SCTM//1000-53-5-6 Robert & Linda Bracken 25 Litchfield Road Port Washington, NY 11050 eCTM #1000-53-5-7 Matthew & Elizabeth Broderick 21 William Penn Drive Stony Brook, NY 11790 SCTM #1000-53-5-9 Gregory & Anne Cahill 524 East 20th Street New York, NY 10009 SCTM #1000-53-5-10 Vamjan & Linda Arslanyan 1055 River Road PH 11 Edgewater, NJ 07020 SCTM #1000-53-5-11.2 Leszek & Krystyna Gesiak P.O. Box 1783 Southold, NY 11971 SCTM #1000-53-5-12.8 Kedjierski Living Trust Family Share P.O. Box 438 Southold, NY 11971 SCTM #1000-53-6-46.8 Henry Hildreth Limited Parmership 51 Main Street Southampton, NY 11968 SCTM #1000-57-2-42.5 Joan Schneider Greystone #1 836 North Broadway, Apt. IE Yonkers, NY 10701 SCTM #1000-57-2-42.6 Constance Latson P.O. Box 655 Greenport, NY 11944 SCTM #1000-57-6-46.7 Louis Vullo 57-27 162~a Street Fresh Meadow, NY 11365 SCTM #1000-57-2-28 Corazziin Brothers, Inc. P.O. Box 1281 Cutchogue, NY 11935 SCTM #1000-53-4-44.1 James Posillico 346 Maple Avenue, Ste. 12 Westhury, NY 11590 SCTM #1000-53-4-44.39 Town of Southold P.O. Box 1179 Southold, NY 11971 eCTM # 1000-53 -4-44.4 Kurt & Indira Klotzer 1710 Kerwin Boulevard Greenport, NY 11944 $CTM # 1000-53-4-44.11 Fred & Dorothea Salzberg 2890 Kerwin Boulevard Greenport, NY 11944 SCTM #1000-53-4-44.35 Jeffrey & Suzanne Sykes 3040 Kerwin Boulevard Greenport, NY 11944 SCTM #1000-53-4-44.4 August Acres Home Owners Association, Inc. P.O. Box 709 Greenport, NY 11944 SCTM #1000-53444.5 Diann Lastibenos 10 Norman Court Huntington Station, NY 11746 SCTM #1000-53444.6 John & Karen Gayson 334 Mineola Boulevard Mineola, NY 11501 SCTM #1000-53444.7 Leonard & Jean Glazer 2180 Kerwin Boulevard Greenport, NY 11944 SCTM #1000-53-4-44.8 David & Pamela Keiper 2390 Kerwin Boulevard Greenport, NY 11944 SCTM # 1000-53-4-44.9 Andrew & Susan Aurichio P.O. Box 2104 Greenport, NY 11944 SCTM #1000-534-44.10 W. Dennis & Patricia Pembroke 27 t 0 Kerwin Boulevard Greenport, NY 11944 SCTM #1000-53-4-44.3 Posillico Construction Co., Inc. 346 Maple Avenue, Suite 12 Westbury, NY 11590 LIRR, Jamaica Station I Mail Code 3146 ...... Jamaica, NY 11435 Attn.: Kenneth Rydzew~s~i_ ................. Postage Ce~t~d Fee Return R (Enciomementel~ Restricted D~I~ (Endorsement Required) Breezy Shores Community, Inc. P.O. Box 925 ...... Mattituck, NY 1195~ ...................... OFF C~AL USE Christian Baiz III ,-a P.O. Box 726 ~ ~o ~o~ Southold, NY 11971 p- Fa Sent To . ru / Brick Cove Realty LLC ~q [~-~e:-J0 P.O. Box 455 r"lI or PO Baor PO BO r,- ~z~:-~;;; Southold, NY 11971 po~mark OFFiCiAL USE stephens Pa' et~rson & Edwin Tuccio [ 193 Griffing Avenue ..... / Riverhead, NY 11901 ..... Return Receipt Foe (Endorsement Required) (Endorsement Required) s,,tro Karol Filipkowski ~o~t~/,t: P.O. Box 356 o~O~o~. Cutchogue, NY 11935 State, m I OFF~C~AiL US po~mark P.O. Box 1725 ....... [ Southold, NY 11971 ............ OFF CIAL USE George & Stavroula Protonentis 261 76th Street Brooklyn, NY 11209 ........... rrllTl' · Complete ifems 1, 2, end 3. Also completo ttem 4 If Reet~-,ted Delivery Is desired. so that we can return the card to YOU. · Atta~/~flis card to the back of the rnellPieee' or orf-I~ front If space permits. 1. A~cle ~:ldm~sed to: V ,u t, i~ &: IMnda Arslm~yan 1055 KiverRoad, PH 11 Edgewater, NJ 07020 B. Receivad by ( gnr~d Name) [] Agent [] D. is dallv~y address different from Item 17 r-lyes if YES, enter dellve~ address below: [] No []~Maa [] ~ataad 0 ~ R~c~pt fo~ Me~h~ad~a [] Insured Mall [] C.O.D. 4. Rentflct~ Dolive~/? (J~ta Fee) OYes 2. p~lcleNumber 7012 1640 0000 2491 8377 · Completo Items 1,2, and 3. Also complete itom 4 if Restflctod Delivery is desired. · print your ~3me end address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the fmnt if spaca permits. A. Signature []Ag'nt [] Addressee B. Receivadby(Pr/ntsdNanle)~t~,4~,~t.~3 C. Date of Delivery D. []Yes Posillico Construction Co., Inc. 346 maple Avenue, Suite 12 Westsbury, NY 11590 []~ [] Return Receipt for Memhandtse [] C.O.D. 4. Reelflct~ Dellve~ ~ra Fee) r'l yes 2. A~ele Number 7012 1640 0000 2492 3920 PS Form 381 !, February 2004 4. ~~) 2.~Nu~ 7012 1640 0000 2492 3913 · Complete items 1, 2, end 3. Also complete Rem 4 if Restricted Delive~ is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. D. is delive~ address different from Item 17 if YES, e~ter delivey address below: [] Agent [] Addressee [] No Diann Lastihenos l 0 Norman Court Huntington Station, NY 11746 2, ~ Number O~ 0 ~ R~pt for M~,~na~ise [] Ir~ured Mail [] C.O.D. · Res,,~-nad Deaveq~/t~ra Fee) OYes 7012 1640 0000 2491 8483 ~ P~ ~Form 3811, February 2004 Domestic Return Receipt nj [so,tro Seymour Brittman ,-a I~t;;~:n P.O.Box 1247 [~.orPOBoxNi, Southold, NY 11971 OFFiCiAL USE 524 East Lr0~ Slri/~i New York, NY 10009 Albert & Dorohy Wieck t 465 Tarpon Drive ..... Southold, NY 11971 UsE iso.t To Varujan & lanyan ~m [~i:~ 1055 River Road,'~ ~11 ~_ o~o~ Ed [ ......... gewater, NJ 07020 m ..-t- Postage $ Certified Fee Robert & Linda Bracken nj 2 ~q [~:~,z-} 5 Litchfield Road ~. [~...~..~.~ Port Washington, NY 11050 Les~k & Krystyna Ge/~ak P.O. Box 1783 South01d NY' 11971 postrnar~ OFF nj ' nj /~tr° Matthew & Elizabeth Broderick . 21 Wi liam Penn Dr ve :~f ~ {'' ~ Stony Brook, NY 1 1790 (Endorsemem Required) eontro Kedjierski nily Share ~t~t:~ P.O. Box 438 ......... orPO~ Southold, NY 11971 -- · Complete Items 1, 2, and 3..Nso ~omplete Rem 4 If Reetdcted Delively Is desired. · pflnt your name and addrees on the mveme so that we can return the card to you. · Attach this card to the ba~k of the mailplane, or on the fmnt if spece permif~ . Date of Delivew D. ledeav~yaddmssdllfamatfmmlteml? r'lyes If yE~, eater delivery eddress belew: [] No Andrew & S~san Aueie~ P.O. Box 2104 Greenport, NY 11944 ~11,~2oo4 [] Insured Moil [] C.O.D. 7012 1640 0000 2491 8445 August Acres Home Owners Association, Inc. P.O. Box 709 Greenport, NY 11944 B. Re~f, ved by ( Ptfnted N~'~e) re of Deliver, Do Md~ ~lmnt from item 17 [] ~Mail m R~I~I [] ~ Receipt fa. Memhendise [] erm~ il []C.O.D. 4. R,,~,,,~d Dellvee/? ~ Fee) [] Yes 7012 1640 0000 2491 8391 ifem 4 if p~ Delivery Is desired, · Pdnt your name and address on the reveme so that we can return the card to you. B. Received b · Attach this card to the back of the mailplane, ~ ~r_.~ or on the flont If space permits. 1. Article Addressed to: if YES, below: [] No Constance Latson P.O. Box 655 ~nport, NY 11944 dMall [3 Ex~a~ M~I [] Registered [] Reltml Reoelpt for Merchandise [] Insured Mall [] C.O.D. 4. Restric~ed D~f, lve~? (EXlra Fee) []Yes 2. Article Number 7012 1640 0000 2491 8315 · C~mplete Rams 1, 2, and 3. Also complete Ram 4 if Restricted Dellve~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Kurt & Indira Klotzer 1710 Kerwin Boulevard Greenport, NY 11944 ~'r~ ~'~ fn=m setv/ce/abe0 PS Form 3811, Februmy 2004 L [] Insuzed Malt [] C.O.D. 7012 1640 0000 2491 8490 Domestic Return Receipt Henry Hildreth Limited Partnership 51- Main stfi~et Southampton, NY 11968 Corazzini Brothers, Inc. P.O. Box 1281 Cutchouge, NY 11935 (Endorsement Required) ~J~l Joan Schneidea: [sontro Greystone 1 X~,,, f~;~ 836 N Broadway, Apt. 1E ~ Yonkers, NY 10701 Postmark Postage $ 6edlfled Fee (Endorsement Required)0 Here Jam 346 Maple Avenue, Suite 12 Westbury, NY 1 I 590°r~'°B°'~t~°' --- ISent TO va / Constance Latson "q~'~;;~- P.O. Box 655 r,- ............ Greenport, NY 11944 ru Sent To Town of Southold ~ ~r~-~'g,'~:~ P.O. BOX 1179 ~__~ orPOSoxNo Southold, Ny 11971 USE 0 F F 'C-1 L Postage Oertlfiefl,Fee Retum Rec~lp~ Fee i--'l (Endomement Re~uged) Posmlark r-1 (Endorsement Rei:[ulred) n Total P, ~'~ / s-Vullo ' '/ r,- I.~v°'e` Fresh Meadows, NY 11365 nj E:3 Kurt & lndira Klotzer ~1710 Kerwin Boulevard Greenport, NY 11944 · Complete Items 1,2, and 3. Also complete Item 4 If Restricted Delivery Is desired. · print your name and addmso on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Jolm & Karen Gayson 334 Mineola Boulevard Mineola, NY 11501 O Agont 5, ( Pr/nted Name) C. Date of Delivery D. Isdailvelyaddmssdlffemntfromlteml? nyes If YES, enter delivef~ address below: [] No 3. 'lype I-I Reg~,~,~ [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (EX~a Fee) [] Yes 2. A~tlcieNumber 7012 1640 0000 2491 8476 PS Form 3811, February 2004 Domestic Ratum Receipt 102595-O2-M-1540 ! · Complete Items 1, 2, and 3. Also complete item 4 If Restricted Deliver/Is desired. · print your name and address on the reverse so thet we can return the can:l to you. · Attach this card to the back of the mailplece, or on the front If spaca pefmifs. 1. Article Addressed to: 0 Agent [] Addressee C. Date of Deliven/ D. lade#velyaG~dlffematf~omlbeml? []Yes If YES, enter dailvef'/address below: [] No LIRR, Jam~iica Station Mail Co.l~ 3146 Jamaica, NY 11435 Attn.: Kenneth Rydzewski [] ~ [] Retum Receipt for Memhandise [] Insured Mail [] C.O.D. RestS--ted Daiive~? (Extra Fee) [] Yes 2. AfficieNumber 7012 1640 0000 2492 3876 (Transfer from se~vfce/abe/) PS Form 3811, February 2004 Domestic Return Receipt · Complete itans 1, 2, and 3. Also complete item 4 if Restricted Delivery is de~lred. · Print your name sod address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Nticle Addressed to: Jeffrey & Suzanne Sykes 3040 Kerwin Boulevard Greenport, NY 11944 ; 2. Article Number ;~ [] Agent t l- b. isbelive~yaddmasdiffemr~ffomlteml? []Yes if yES, enter daiive~7 address below: [] No Type 3' ~t Ma~ O Ex~ess Mail [] Reg~ r-t Ret~m Receipt fo~ Meechand~'~e [] Insured Mail [] C.O.D. OYes 4. Restfl~ed Dailve~ (Extra Fee) 7012 1640 0000 2491 8414 PS Form 381 1, February 2004 · Complete items 1, 2, and 3. Also complete ~m 4 ff Restflotad Dellveqt Is desired. · print your name and address on the reverse so thet we can return the cad to you. · Attach this card to the back of the mailpisoe, or on the front If spane pamllts. 1. Article Addressed to: Fred & Dorothea Salzberg 2890 Kerwin Bouelvard Greenport, NY 11944 I~;;',~1 Mail O E~3mea Iv~l [] Rega~m~cl [] Return Re~aipt for Memhandise [:] Insured Mall [] C.O.D. 4. R,~6~,~;~3d Daiive~/? (E)nYa Fee) n Yes 2491 8421 '2..Nt~Numbe~ 7012 1640 0000 PSForm 3811,Febmary20~ ~mestlcR~mReceipt r'-i Return Receipl Foe'; c! ~ I / Postmark ~ Total Posta~ ~a Fred & Dq/othea Salzberg 'x... ,~9~,K.er{vin Bouelvard ~ or Po'~o.'~o e~nport, NY 11944 P" LDi~,.-~i~,-2ti rm ,-a ]so,,tro John &~.xKaren Gayson ~ [~t~t;~,r 334 Minc~a ~ ~ neom, Ny lib01 Po~lmark s~.t re Jeffrey & Suzanne Sykes ~m l~-~,*: 3040 Kerwin Boulevard ~ I°rP°''~°x~°''' Greennort ~v Leonar"d"& Jean Glazer [ t~t~;: 2180 Kerwin Boulevard ......... Greenport, NY 11944°~P°~ AuguLAcres Home Owners I 8~nt T° A ' ''~ ' ~ / ssociafi'o~5$.~./ 1 1'~:~ P,O. Box 709 "-1 Greenport, NY 11944 J ru [s~.~ro David & Pamela Keiper m~ ~-~:'~'~:~ 2390 Kerwin Boulevard Greenport, NY 11944 r ~ (~ndorsemer~ Required} Here (Endorsement Required) ~ [~:~ 10 No.an Cou. ~ ~'~i Hu~gton Station, NY 11746 r-q Andrew & Susan Aurichio P.O. Box 2104 Greenport, NY 11944 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Dellvmy Is desired. · Print your name and address on the reverse so that we can mt~m the card to you. · Attach this cad to the back of the mailpisce, or on the front if space permits. George & Stavroula Protonentis 261 76th Street Brooklyn, NY 11209 r'l Addressee 2. ~Ilcte Number i PS'Form 3811, February 2004 7012 1640 0000 2492 3852 · Complete items 1, 2, and 3. Also complete ~em 4 if Reatrl~ted D~NerY IS de'ared. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if spsoe permRs. F~n~ed Name) Stephens Patterson & Edwin Tuccio 193 Griffing Avenue Riverhead, NY 11901 2. Ad,cie Number [] insumd Ma~ 0 c.o.D. 4. Re~{Ex~a Fee) OYes 7012 1640 0000 2491 8346 · Complete Rems 1, 2, and 3. Also somplate item 4 if Reatflctad Delivan/IS desired. · print your name and address on the mveme so that we can tatum the crud to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. ~ Addressed to: · O~e~t X ~ 0 Addressee f'l No Breezy Shores Community, Inc. P.O. Box 925 Mattituck, NY 11952 [] Insumd Mail [] C.O.D. 4. Restfloted DelNeq~/~ Fee) OYes 7012 1640 0000 2492 3838 PS Form 3811, Febmmy 2004 · Complete items 1, 2, and 3. Ns• cempiste item 4 if Reatrlcted Dellve~ IS desired. · print your name and address on the reverse so that we can ratum the card to you. · Attach this ca~ to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A .Signature ~y ( Printed Nanle) [] No Matthew & Elizabelh Broderick 21 William Penn Drive Stony Brook, NY 11790 2.~Num~ 7012 1640 0000 2492 3906 PS Form 38~ 1, February 2004 DomesticRetum Rac~3t '~ 1025~o~2'M-1540 nj m Is°"tr° ~...W~.t ~ennis & Patricia Pembroke ~ ~-a~-/¢~:~ 2"?qCKerwin Boulevard P-~ Greenport, NY 11944 · Complete Items 1, 2, and 3. Also complete so that we can retom the card to you. · Attach this cad to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Albert & Dorohy Wieck 465 Tarpon Drive Southold, NY 11971 B. R~aived by ( Printed Neme) [] R~sta~d [] Raum Ra~ [] Insured Mall [] C.O.D. [] Agent [] Addressee C. Date of Delivery 4. Reefflcted Dailv~ (E~ra Fee) []Yes 7012 1640 0000 2492 3890 PS Form 3811, February 2004 · Complete items 1, 2, sod 3. AJso complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpisce, or on the front if apace permits. 1. Article Addressed to: Town ofSouthold - P.O. Box 1179 Southold, NY 11971 B. RecOver, by ( Name) D. I$ d~h~e~ a~%~ dEfemr~ from ~em if YES, enter del~ery address below: [] Agent [] Addressee [] No [] F. xpmss Mall 1'3 Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7012 1640 0000 2491 8407 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Nso aomplete Item 4 if Restn~ Dellve~ is desired. · Print your name and address on the reveme so that we can retumthe card to you. · Attach this card to the back of the rnailplsoe, or on the front if apace permits. 1. Article Addressed to: Addressee of Dollvery Seymour Brittman P.O.Box 1247 Southold, NY 11971 [] Insured MeJl [] C.O.D. 2. ArUcle Numbe~ O'ran,~ from ~n,tce ~0 7012 1640 0000 2492 3845 PS Form 3811, February 2004 Domestic Return Receipt 102.~5-02-MqS40 :l · Complate items 1,2, end 3. Also CO~pb~e Item 4 if Re~71ctad Deliver/is deslrad. · Print your. name and address on the mvem~" so that we can tatum the card to you. · Attach this card to the back of the mallpieCe ' or on the front if space pen'nits. A. Signature .... ) Received by ( Printed Name) D. Is dailve~ eddress dlffemfit from Item If YES, enter dellveP/address below: ~] No Karol Filipkowski ~.O. Box 356 Cutchogue, NY 11935 2. Article Number -~ Vetrn 3811, Fabruary 2004 I-/Reglstemd [] Return Receipt for Memhandlse [] Insured Mail [] C.O.D. 4. Restricted Deli~/? (Extra Fee) [] Yes 7012 1640 0000 2492 3869 · Complete items 1, 2, and 3. Also complete /~ Signature , Item 4if Restricted DellvePj is desired. X ~ ?d~O,J~ [] A~em · Print your name and address on the reverse [] Addressee SO that we can return the card to you. B. R~caived by (Prlnt~cl Name) C. Date of Deliver? · Attach this card to the back of the mailpiece, or on the front if space perm[ts. 1. A~lcle Addressed to: If YES, enter~ [] NO James Posillico 346 Maple Avenue, Suite 12 Westbury, NV 11590 3. I [] pm~a s , 2, and 3. Also complate item 4 If Res~lctod Dollvory is desired. · Print your name and address on the mv~.. [] .~ · Attach this card to the back of the mailpisce, or on the front if space pe~Tnlts. 1. ArtlcleAddmssedto: addre~sdit~amfitffomlteml? [] Yes If YES, enter deliver? address below: [] No' Henry Hildreth Limited Pm'tnership 51 Main Street *~ ! o Southampton, NY 11968 ~'. · : .9,o [] Insured Mall i-'l C.O.D. 4. Restricted Daiivery? iExtra Fee) [] ,,, 0'~..~?~'.~,.~,,~ 701;:= 16~0 DODO P49'1. ,",278 ,.~-: ~-,= PS Fo~m 3811, Febma~' 2004 Oomestt~ Retum Receipt m259S.O2_M.,S40 i j ~ '~ ~ · Complete Items 1, 2, and 3. Also complate ifem 4 if Restdofed Delivery Is desired. · Print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the float if spaca permits. 1. Afficle/~dmssed to: ~ different from Item 1' if YES, enter detive~J address below: [] No Corazzini Brothers, Inc. P.O. Box 1281 Cutchouge, NY 11935 [] Insured Mall FI O.O.D. 4. Restflctdd Dellve~ ~dra Fee) [] Yes 7012 1640 0000 2491 8292 PS Fora1 3811, February 2004 Domestic Return Receipt · Complate items 1, 2, and 3. Aisc complete item 4 ff Restricted Dellvm7 Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. Robert & Rita Wieczorek P.O. Box 1725 Southold, NY 11971 2. Attire Number 7012 1640 El. Received by (P~fntsd Name) m agent Date of Delivery if YES, elow: JAN 24 2013 [] Insured Mail [] Ream R=,.~pt for Membendise [] C.O.D. 4. Re~ DelN~qf/(F_xfra Fee) []Ye~ 0000 2491 8308 PS'Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete ~m 4 if Restricted Dellveq/Is desired. · Print your name and address on tho reverse so that we can return the card to you. · Attach this card to the back of the mailplane, or on the front if space permits. 1. ArUcle Addressed to: Leonard & Jean Glazer 2180 Kerwin Boulevard Greenport, NY 11944 [] Insured M~II [] C.O.D. 4. ~ ~1~ ~ ~) []~ 7012 1640 0000 2491 8469 PS Form 3811, February 2004 Domestic Return ~1~ ~5~02.~s4o i · Complete items 1, 2, and 3. Also complete item 4 If Reetflctod Delivery Is desited. · Print your name and address co the reverse so thet we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space perm[ts. David & Pamela Keiper 2390 Kerwin Boulevard G~ccnport, NY 11944 X [] Addre~eee D. Is dailv~y a~,=,.~ different from Item ~'? If YES, enter delivery address below: [] No 3. ~Certtlled Mail [] Ex,mss Mall 1-I R~E~=,-ad [] Re~Jrn Reoaipt for Merchandise [] Insured Mail [] C.O.D. []Yes 4. Restated De,bee/? (Extra Fee) 2. A~tlcteNumber 7012 1640 0000 2491 8452 PS Form 381 1, February 2004 DomeSltc Return Recetpt 102595~-M-1540 Complete items 1, 2, and 3. Also complete A. Signature Item 4 If Resfltcted · Print your name and address on the reverse so that ,~e can tatum the card to you. · Attach this card to the back of the mailp or ~ the froet it space permits. l~uis 57-27 162"d Street Fresh Meadows, NY 11365 [] Addressee Date of Delivery []Yes [] No r'l Registered r~ Return Recaipt for Merchandise [] Insured Mail [] C.O.D. 4. ResMcted DaiNe~y? (Exoa Fee) []Yes PS Form 3811, February 2004 DomestlcRetum Receipt EN-CONSULTANTS 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING February 21, 2013 RECEIVED FEB ! ! 20B BOARD OF APPEALS Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re: Breezy Shores Community, Inc. (Naomi Mullman) SCTM #1000-53-5-12.6 Dear Ms. Toth: In accordance with the January 7, 2013 correspondence regarding the above referenced project, enclosed is a public notice mailing which was returned to our office on February 21, 2013 as "refused." This notice was the only outstanding receipt and all other receipts have been submitted. Thank you for your attention to this matter. Kim Stepllkn~ Enc. O1319 NORTH SEA ROAD UTHAMPTON, NY 11968 EN-CONSULTANTS ENVIRONMENTAL CONSULTING 7012 1640 0000 2491 8452 ~ ~ ~ ~PITNEy BOWES ~o2 ~p $ 005.950 ~0004~76086 JAN 16 2013 MAILED FROM ZIP CODE 11968 O6 ~EEUR~ TO S~DER 02/16/13 EN-CQNSULTANTS February 14, 2013 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re; Breezy Shores Community, Inc. (Naomi Mullman) SCTM #1000-53-5-12.6 Dear Ms. Toth: In accordance with the January 7, 2013 correspondence regarding the above referenced project, enclosed are two additional green signature cards and one returned mail (refused) which were received after the scheduled hearing. There is only one outstanding green signature card which will be forwarded to your attention when/if received. Thank you for your attention to this matter. Sin_c~ely, Enc. 1319 North Sea Road I Southampton, New York 11968 p 631.2836360 I f 631.283.6136 wwwenconsultants.corn environmental consulting UTHAMPTON, NY 11968 ~ EN-CONSULTANTS ~. 7I~'~2 ~.~ . ~ ~"'4'~:~ ~43~ · ~~ ~ ~ ~ W. Dennis & Patricia Pembroke 2710 Ke~in Boulevard Greenpo~, ~ 11944 .~ ~ '~m'PITNEY BOWES o2 ~P $ 005.950 0°°4,76°86 ~A. ~6 ~o~ MAILED FROM ZIP CODE 11968 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Breezy Shores Community, Inc. (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 53-5-12.6 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Robert E. Herrmann Southampton DBA En-Consultants ~ 1319 North Sea Road , New York, being duly swom, depose and say that: On the 30th day of January ,2013 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my 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 (7) days prior to the dateofthesubjecthearingdate, whichhearingdateCbe e'~el~~ruary 7, 2013_ xO (Signature) Sworn to before me this ~/~4x Day, of / . .W~,201g · ~'/~,(Not~ryPublic)/~ OUALIFIED IN SUFFOc: CO N[¥ ~1~ B, B?EPHENS NOIARY PUBLIC STATE OF NE~ ~BRR COMHISSlON RO. 5n15g~? * near the entrance or driveway entrance of my property, as the area most visible to passerby. EN CONSULTANTS February 4, 2013 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re: Naomi Mullman, Cottage #11 Breezy Shores Community, Inc. 65490 Route 25, Greenport Dear Ms. Toth: In accordance with the January 7, 2013 correspondence regarding the February 7, 2013 meeting for the above referenced project, enclosed is the Affidavit of Posting, as well as the returned green signature cards received to date. Green signature cards have not been received, nor have any envelopes been returned as "undeliverable" for the following properties: SCTM #1000-53-5-11.2 Leszek & Krystyna Gesiak P.O. Box 783 Southold, NY 11971 SCTM # 1000-57-6-46.7 Louis Vullo 57-27 162"° Street Fresh Meadow, NY 11365 SCTM # 1000-53-4-44.8 David & Pamela Keiper 2390 Kerwin Boulevard Greenport, NY 11944 SCTM #1000-53-4-44.10 W. Dennis & Patricia Pembroke 2710 Kerwin Boulevard Greenport, NY 11944 Any additional cards received shall be provided upon receipt· Thank you for your attention to this matter· S~)~ce)rely, Enc. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 31, 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 # 6622 Owner/Applicant: BREEZY SHORES COMMUNITY, INC. ( Naomi Mullman cottage # 11) Action Requested: Within 500 feet of: Additions and alterations to seasonal cottage, and bulkhead setback. (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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. Lesli~eisnmn Z BA(/~h ~1~ r~s~ By: (_,// '"' ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 o Fax (631) 765-9064 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 March 5, 2013 En-Consultants Rob Hest~t~ann 1319 North Sea Road Southampton, NY 11968 RE: ZBA Application #6622 - Mullman Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's February 28, 2013 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. Sincerely(. Vicki Toth Cc: Building Dept. -! N