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Home My WebLink About6620sG1�rr►5a �,1�/, LLQ /l65 Kiv�bPs�� 13 Law -f dc PH wlU,.,d)2-(113 6h.a,m a✓' C4 -P; f4, " 1165 �beV- e, fou w/dao /3 -to 3add`�wi prl�� II(� Sec1�►�m 3Sa; �aleXX11 g u l iLh ea -c( S ' PAF �JN-f u 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 R CEIV D TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MA 2 8 2013 FINDINGS, DELIBERATIONS AND DETERMINATION S thold T wn Clerk MEETING OF MARCH 21, 2013 ZBA FILE: 6620 NAME OF APPLICANT: Shamgar Capital, LLC (Daniel Buttafuoco) SCTM 1000-70-13-20.7 PROPERTY LOCATION: 1 165 Kimberly Lane (adj. to Southold Bay), Southold, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated 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 31, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 52,318 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 345.89 ft. along an adjacent parcel. The easterly lot line measures 123.52 ft. along Southold Bay. The southerly lot line measures 354.32 ft. along another property, and the westerly lot line measures 153.71 ft. along Kimberly Ave. The property is improved with a single family dwelling which is shown, along with proposed additions, on the survey and site plan pagesl-7 drawn by Gerard. E. Meyer, Architect, with revisions, last dated Aug. 13, 2012. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: 1) more than the code required number of stories of 2 1/2. RELIEF REQUESTED: The Applicant requests a variance to allow for a livable area of 283.5 sq. ft. on the third story, where Town Code only permits 2 '/2 stories of livable area. ADDITIONAL INFORMATION: The property was the subject of prior ZBA decision 6487, dated Aug. 18, 2011, where the Board denied a request for a variance for the construction of a three story structure. This new request for a variance is substantially different from the original request, in both concept and construction design, so therefore this Board considers that this request is different enough to merit being considered as a new application. At the Page 2 of 3 —March 21, 2013 /,BA Filek6620 — Shamgar Capital, LLC SCTM: 1000-70-13-20.7 public hearing the applicant was asked to provide information on any other third story variances granted within the town. On March 15, 2013 the Board received documentation from the applicant's architect, Gerard E. Meyer, citing 6 prior decisions by the ZBA granting third story non -habitable space similar to that proposed by the applicant. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2013, that was adjourned upon Applicant's agent written request, and on March 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed sitting area on the third story will not change the height, or overall exterior appearance of the single family dwelling. The proposed building height of 31.8 ft is below the code permitted maximum height of 35 feet and it keeps an appearance of a 2 '/2 story dwelling. The finished sitting area will be 12+% of overall attic area, and the entire attic area contains +/-26% (considerably less than half) of the area on the second story. There will be only one reverse gable window in the roof over the finished sitting area to minimize the appearance of a third story. 2. Town Law &267-b(3)(b)(2). The benefit sought by the Applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the Applicant can conceivably design a structure that conforms to Town Code in the number of stories, the Applicant seeks to construct a 283.5 sq. ft. finished sitting room with access to an outdoor deck, in a third story location, which as it is defined by Town Code, requires a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the finished attic space represents +/-12% of the entire attic sq. ft area, and the attic is +/-26% of the total sq. ft. area of the second story. The remainder of the attic area will be reduced in height and used for storage only. Additionally, the entire house will have a fire sprinkler system installed. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable local, county, and state codes, including, and not limited to, all fire protection codes. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a sitting room in a third story location, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing„ seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the site plan and architectural drawings labeled pages 1-7 drawn by Gerard. E. Meyer, Architect, with revisions, last dated Aug. 13, 2012. Subject to the following conditions: Page 3 of 3 — March 21, 2013 ZBA File#6620— Shamgar Capital, LLC SCTM 1000-70-13-20.7 CONDITIONS: 1. The third story livable area of 283.5 sq. ft will not be further enlarged or expanded, and will not contain any bedroom, bathroom, dining, or kitchen space 2. The dwelling shall have afire sprinkler system installed per NYS code. .That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minims in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman (Chairperson), Goehringer, Horning, Schneider. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing 5,46 /2013 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider October 17, 2014 Michael A. Kimack 321 Riverside Drive Riverhead, NY 11901 http://southoldtown.northfork.net 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA#66),C- Shamgar Capitol, LLC Dear Mr. Kimack: At the October 16, 2014 Special Meeting, the Board of Appeals reviewed your letter dated October 9, 2014 requesting a de minimus determination in the above referenced ZBA decision. Your proposal to extend the length of the third floor deck to a total of 32 feet is shown on the following documents which you submitted with your request: architectural drawings titled Buttafuoco Residence prepared by Gerard E. Meyer, Architect dated July 9, 2013, last revised September 29, 2014, pages 2 & 6. Based upon the information provided above, we have determined, by unanimous vote, that your requested modification is not de minimus in nature because the intent of the original ZBA decision to permit a small outdoor deck in conjunction with a third floor habitable sitting area will be altered. Should you decide to go forward with your plan to add additional decking to the third floor, you will have to go to the Building Department to obtain a Notice of Disapproval and then apply to the Zoning Board for an area variance. If our office can be of assistance, please do not hesitate to contact us. Sinc y, Les ie �Kanes W isman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead New York 11901 Tel. 516-658-6807 E-mail: mkimack2(averizon.net October 9, 2014 To: Zoning board of Appeals Subject: ZBA file # 6487: Shamgar Capitol, LLC, Daniel Buttafuoco, Mgr. Request for a De minimus letter for a minor revision to the approved plans: Extending the third floor observation deck 8 feet on both sides of the approved deck. We respectfully request approval to extend the length of the observation deck by 8 feet on both sides for a total of an additional sixteen (16) feet of observation deck as shown on the attached architectural drawings. Let me know if I may be of further assistance in this matter. 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X N 1 CROSS 5E N "B -B" +Jx 2 X 8 COLLAR T ES @ 12" O.C. ��Lr I C @ W -B" ABOVE ATTIC FLOOR � �7 ` 1 (PROPOSED UN- NISHED ATTIC �•`f� Ov�\ STORAGE AREA W/ MAXIMUM / ? 6'-8" HIGH CLEA HEAD ROOM)'cc tray, O C��J + V y N LI6HT PROVIDE 4 X 4 POST VALLEY O BEAM DOWN TO X " BEARING POINT BBELOWNVOUS `ql - cm Z�J W w \ ____ v j 2 X 14 LVL RIDGE _ - O DO PROPOSED I Z, ' OBSERVATION DECK / �W / LL 8'-0" X 31'-8" P�2OPOSED TTIC A • EA (PROPOSED "WALK- 1 PROVIDE MECHANICAL WINCH3 , N N N OUT" BALCONY) FOR CHANDELIER BELOW p@1 13 -6„ 21, - 0” J I �L °0 ° °o - (PROP SED F ISHED ATTIC AREA W/ uj ui LU* N 1 Q H Q °Py "°` �' Z MAXI UM ' HIGH CLEAR HEAD ROOM) a Xi N O VA . 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NEW SECOND FLOOR BELOW ATTIC FLOOR PLAN.scale 1/411 = 1 '-0" LIVINGa=F" NOTE: DO NOT SCALE DRAWINGS AND FIELD VERIFY ALL DIMENSIONS BEFORE OREDER MATERIALS. PROVIDE: ELECTRIC OPERATED WINDOW SHADES, CENTRAL SOUND SYSTEM, ALARM SYSTEM & SECURITY CAMERA SURVEILLANCE SYSTEM LINE OF ROOF OVERHANG BELOW r J �D NO 0 /w m o / O cc 0/ LL O Lu 0 1 2 3 4 5 6 7 8 9 10 � ECE NOTE: ALL CONSTRUCTION AT ATTIC FLOOR IS NEW, UNLESS OTHERWISE NOTE. OCT I P r1 A - n w� ' 3 J W w w J p oC `' c) O W V D W �i O v H O w w w N wF'»>ot oC�tI�NNVt HHHO W i oC 1- X. OA. oC oC oL oc V W.5.0 -a OW dy 43 ADD LLNNN AD Co W a > > > N XmWWW In W Q oC oC oC H qt d' qt qt M ch .••4 .--i .--1 .--1 " .--� N N N N N N aZZw�v� Ntiy�Oti ch ao Go wq N (m " PAGE # uvrer%u vt- mtIrCHLJ z • O V Lij z O <0 J a W �— = Z �� J Q LL W W W Z -f z m D 0 �1 c Y O _ in I- Lu Ln Q W rN Cal m C12 - PAGE # uvrer%u vt- mtIrCHLJ L a 0 ^I� OFFICE LOCATION: SOF so�fy MAILING ADDRESS: Town Hall Annex \ R"P.O. �� Old Box 1179 i\ 54375 State Route 25 Main Rd. & Youngs Ave.) yy T Southold, NY 11971 (cor. Telephone: 631 765-1938 Southold, NY 11971G Q �\��\'l , • AO Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 4� %G� MEMORANDUM RECEIVED To: Leslie Weisman, Chair FEB 1 2013 Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: January 31, 2013 Re: Coastal Consistency Review for ZBA File Ref. SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO)#6620 SCTM#1000-70-13-20.7 SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6620 - Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: 1) more than the code required number of stories of 21/2, located at: 1165 Kimberly Lane (adj. to Southold Bay) Southold, NY. SCTM#1000-70-13-20.7 The original action to reconstruct the existing dwelling with third story addition was reviewed on August 1, 2011 and recommended as Inconsistent with the LWRP. The re -submitted action is limited to the construction of a third story addition. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standard and therefore is CONSISTENT with the LWRP subject to the Board's consideration of the following: In the event the action is approved it is recommended that a 25 wide, landscaped buffer (excluding the existing beach access area) be required landward of the bulkhead to further Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem (D) below. An example definition of a landscape buffer follows the sub -policy for your use: D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the following factors: 0 0 LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought -tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four -foot -wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney (e(' RECEIVED FEB 1 2013 BOARD OE APPEALS Vj z&2- SOUTHOLD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NY _ ZONING INFORMATION RESIDENCE R-40 ZONE SITE CALCULATIONS: SUFFOLK COUNTY TAX # 1000 - 70 - 13 - 20.7 ZONING CODE SECTION ZONING REQUIREMENT PROVIDED/PROPOSED SITE AREA 52,318.00 SF MAP OF "PARADISE BY THE BAY" - LOT 7 MINIMUM LOT SIZE 40,000.00 SF 52,318.00 SF EXISTING TOTAL BUILDING AREA 2,569.88 SF MINIMUM LOT WIDTH 150.00' 153.71.00' PROPOSED ADDITIONAL BUILDING AREA 2,708.02 SF MINIMUM LOT DEPTH 175.00' 345.89' PROPOSED TOTAL BUILDING AREA 5,277.90 SF MINIMUM FRONT YARD SETBACK 50.00' 123.00' PROPOSED TOTAL LOT COVERAGE 10.08 % NOTE: ALL SITE INFORMATION & GRADE ELEVATIONS MINIMUM SIDE YARD SETBACK 15.00' 32.70' OBTAINED FROM SURVEY PREPARED BY "JOHN C. MINIMUM AGGREGATE SIDE YARD 35.00' 84.60' FLOOR AREA: W EHLERS, LAND SURVEYOR" DATED 10-05-2010 MINIMUM REAR SIDE YARD SETBACK 50.00' 136.00' 'aU MINIMUM LIVABLE FLOOR AREA 850.00 SF 5,087.00 SF EXISTING FIRST FLOOR AREA 1,911.00 SF Q MAXIMUM LOT COVERAGE 20.00 % 10.08 % PROPOSED ADDITIONAL FIRST FLOOR AREA 929.00 SF v MAXIMUM BUILDING HEIGHT 35.00' 25.25' PROPOSED SECOND FLOOR AREA 2,247.00 SF 3° ISI MAXIMUM NUMBER OF STORIES 2 1/2 STORIES 2 STORIES PROPOSED TOTAL FLOOR AREA 5,087.00 SF m� C ANOTE: ON SITE DRAINAGE WILL BE DESIGN TO RETAIN & PROPERLY LEACH ALL STORM WATER RUN OFF ° a (\\ GENERATED BY A TWO (2) INCH RAINFALL CREATED BY SITE CLEARING, CONSTRUCTION ACTIVITIES, LU SITE IMPROVEMENTS AND I THE PERMANENT CREATION OF IMPERVIOUS SURFACES Hr m p wu w m N f < liajl ¢ Lu l ozLU O(}�, N n 6Y 6mIJ d 14 _m m ti°�� N m o � (n _ .N� No No °QUO ow _----------------- ~r N 84 22' 20" E �LL m �� Po LL> 345.89' -----___-__----_-----._..------ T � r- f v /h i0 6 27' \ rd 0 J� o: cc ,�(X� x%� - J`- PROP. TRENCH DRAIN - - - - - - - - - - 69.9' + BULKHEAD TO EDGE OF GRASS 1 CONNECT TO DRYWELL ��, c� q 1 Job PROP. TRENCH DRAIN - PROP. STORM _ I/ 11 9 • 7 j Y m � CONN ECT TO DRYWELL At PROPOSED NEW 12 FOOT WIDE / (MIN, -FEET FROMPROPLINE) ^1 - �� - -1--y' PR P STORM DRYWELL �� O'1� �� CONNECT LEADERS TO bRYWELL, j--;��j EXISTING �( 1• /1\ ASPHALT PAVED DRIVEWAY =- - _ _ (M N 10 FEET FROM PROP LINE) 4 rl EXISTING 00 CO NECT LEADERS TO DRYWELL BULKHEAD ASPHALT PA ED --' 10 -- - --11 �N DRIVEWAY EA d9 PR O �D TWO �l Ln 111 O ►� 1 11 PROPOS D ONE STORY GARAGE` M ST = R DDI [IO SEE) �' ROPO 1. �� _ EXP.ANS ON ADDITION 620 ± P i N - 2733' 2 a' 8 0`' �1 \ �- ., % 27.5':: 1 PROP. STORM DRYWELL ml�mo�mmomi �� O i /iii i 7 i ��; PROPOSED TWO STORY Im �3 �� 1 (MIN. 10 FEET FROM PROP LINE) j i' M /� �\ PEN PORCH A 'n y .-.--- CONNE ETOHDRYWELL i/ / /, / , / 1 / ° ;/ �,�; , , ; , ��.�ADDITION z m R 0% 6 C a!fi 7 GARAGE , m Z /IQ4 \ �1 �q ,; -- - _ th l //� / i �� C EXISTING 9'. $ • GRPgS 11� H .. _ P�� w /i /. / , 2 0' l Q ti ' ':� i.//. ,j i i _ G / WOOD DECK TO NG aGE - ,., 16.2 BE R�FMOVED EXIST' ',7 REMOVE EXISTING CIRCULAR /.. i!; ao �� 77 5' Ep NEPo p , �1� DRIVEWAY &PAVING 10_ w 8. Q 03 b -------------- o _N � �� Ai/,.;j �/� ��A� �r 60� OEp6E �� GRPSS 1\1� � \ 60 46 40 S G' -:10 ---, r --- Y % �% TIN ` �, \ -9 57.0' + PROPOSED i\ * 0 J�,�VkPO N. 11`\I J -.. 'TWO T RY 8 4 O - PROPOSED LOCATION O-� / =` - -� 6 6 1 2¢ DW L IN o :, =� 7 6, 2, 7 NEW SEPTIC SYSiTEM O Z 11 / 7.0 V r T a 4 EXISTING SEPTIC J 2 YSTEM TO BE REMOVED -- OPOSC-D EXISTING 1 \ 1 X14.5 g2. BULKHEAD LEP OSED-0 E STORY � N 38. 6� ' PR `�PORCH' DDITION 12.0' \ \ O 1 __ - O _ PROPNNETO DYWELL J 1 -OSEID ADDITIONS - - - PROPOSED - - " ZONS R P '. W 11 PROP STORM DRYWELL QS oo, P PROP. RENCH DRAIN 0' 6---- • -- , 1'C \ (MIN. 10 FEET FROM PROP LINE)��N(G ---------9 _��__ _ -7 _ S__ __ _ 1( NN R TO DRYWE O 111 �; - - - 3%. \\(MIN.T'F ET FROM BUILDING / T 7 CT I S 3 9-'- 8 / PROP. STORM DRYW(:LL� CONNECT LEADERS T BUILDING)MIN. 10 FEET FRO DRYWEL 9------------- ------ ) C- CONNEC�LEADER5T0-DRYWELL �y \ \ MWATER ETER HEAD O`er i 8, \ 6 N \, 1 PROP. TRENCH DRAIN - / —_ ____________7___, 4 1\1(� BULKHEAD s ti CONNECT TO DRYWELL PROPOSED NEW 12 FOOT WIDE 1 - PROPOSED NEW 12 FOOT WIDE ASPHALT-PAVEDDR3VEWAY Z ASPHALT PAVED DRIVEWAY w' '� 21.0' . TT cn : 3, --.._._..- --..-.._. _ _. _.._.._ _, _. --- - .._.._.- - - 8 _._. _..- - --_._.._..-- - --.-..-, _. _.._..-._.._..-- .._.._..- - ---- --- - - - -'-'- - --- - - - - "-------- -- - - - - - - -'-"- - --- "BULK OF (GR' _ _ ._..-4..- - -�-' 7 7 _ J r; o 9 0 5 84 22' 20" W 345:3 2' WELL GPs G>� f� - EXISTING ROCKS ot WATER a„ FINAL MAP STORM DRAINAGE CALCULATIONS: METER ;% °°� REVIEWED BY '_�iA �� PROPOSED TOTAL BUILDING AREA 5,277.90 SF GOQp DATSEE DECISiJni # DATED�la/ Ig20j� PROPOSED TOTAL PAVED AREA 7,000.00 SF TOTAL PROPOSED IMPERVIOUS SURFACE AREA 12, 277.90 SF T E p L A N s a e . 1 - 151�011 DESIGN STORM WATER FOR 2 INCH RAINFALL 1,964.46 CF PROVIDE SIX (6) LOCATIONS OF 8 FOOT DIAMETER BY 8 FOOT DEEP NOTE: EROSION AND SEDIMENT CONTROL PRACTICES ACCEPTABLE TO THE TOWN OF SOUTHOLD UTILIZING HAY BAILS & PROPER CONTAINMENT DRYWELLS TO PROVIDE A TOTAL YIELD OF 2,027.52 CF OF CAPACITY PROCEDURES SHALL BE IN PLACE AND ENFORCED DURING THE ENTIRE CONSTRUCTION PERIOD TO CONTROL SITE EROSION AND STORM WATER DISCHARGES 0 LL z LuH kb U) za Q� o "¢, Z FLU •6 O ¢a w3Ww _ 3 U) LU LU ~ U) u w d Wu~I00NOp�— 0ix � ��{�C-1z`)V)U) LU O a H a~~ a LU LU LU U gNZacataea Vi wO-6.DO '00 13� w w0, WA3Wo U) V) CL MWtnyw >a)US»N NN•+'+0000 0 0 00 0 0 0 0 N N N N N N N N w '�N¢'-'ZNuwluw) Q N Nr' NN.n-� Q Lum NU) O Z LI L w> o Z LLI P w E UN°� z LLQ r a Qr Lu Lu W wv H— a � O O z W Y zw o V V ¢o � W O D Z _j I H LL W Lu W Z .6 z �_ O N L< Y0 `r 10 10 LU O 0 m N O a RECEIVED DEC 12 2012 BOARD OP AVSE'AL9 PAGE# �TSAM'il 0796 9 to ON scnle : 1/4" = 1 ' -a DN I I scnle : 1 /4" = 1 ' -❑ ■ SECONI LOOR PLAN scale 1/4" = 1' -O" LI 2247sgfREA t NOTE: DO NOT SCALE DRAWINGS AND FIELD VERIFY ALL DIMENSIONS BEFORE OREDER MATERIALS. PROVIDE: ELECTRIC OPERATED WINDOW SHADES, CENTRAL SOUND SYSTEM, ALARM SYSTEM S SECURITY CAMERA SURVEILLANCE SYSTEM 0 1 2 3 4 5 6 7 8 9 10 NOTE: ALL CONSTRUCTION AT SECOND FLOOR IS NEW, UNLESS OTHERWISE NOTE. W kb LU z� aU) U) U ~ W 3-a Q -a F- m O O �j L3 U) V) H ; W W ot Ix NN 0 0 N NAL Mi-k'i' EVIEWED B`1 ZBA EE DEC SION # 4 UED J I /l � O ILL z H LU tD y z¢ ¢ 0 W Z cc U) F -3 0 a w3ww $ N O j a. w I.L LuO� u)m V)Luw LiaW LU � V11-�v�11ytDVIy� Li Lu Na 0. T y aot gaWo•a•e0 o0 93 In w W p'N'aWWC) Ina. L1WNyLU >ao'n>5U) u WD 10 LU Lu aQQHU) OCaH w w "- 0 0 0 0 88000 0 0 0 N N N N N N N N W jQ7�0awi~ F7 zNNN Q N C4 C4 O)O z W r° N= Q N 0 o J LLL I'—LU a Lua z >. O y W 0 two d J D 2 a °' > " UU�L w1� Z Q ?ter O Lu F v V I _ y tp V N W V) O z o W Y Zw Q U OJ V ao ' W = Z >� J ¢ Lu W a z ^0 V) LL W m O 0 H U) O Y= in O L�L F W (~ �O p O W V) M= a (RECEIVED DEC 12 2012 BOARD OFAPPEA 5 PAGE # COUNTY OF SUFFOLK /k V�,v Steven Bellone SUFFOLK COUNTY EXECUTIVE RECEIVED JAN i 1 1011 BOARD OF APPEALS Ze Department of Economic Development and Planning p �/ \\\ 'o Joanne Minieri Division of Planning J �e uty County Executive and Commissioner and Environment January 8, 2013 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Hirschhorn (Michael J.) & Martinez (Jimena P.) 6619 Shamgar Capital, LLC 6620 MMMM Beer, LLC 6621 Breezy Shores Community, Inc. (Naomi Mullman-Cottage #11) 6622 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 RECEIVED FORM NO. 3 tEC 12 2012 NOTICE OF DISAPPROVAL BppRD OF APPEAI-S DATE: October 31, 2012 TO: Gerard Meyer for V1� � David Buttafuoco � a� �� 14 Covert Avenue Stewart Manor, NY 11530-2219 Please take notice that your application dated October 16, 2012 For construction of a 3rd floor addition at Location of property 1165 Kimberly Lane, Southold County Tax Map No. 1000 — Section 70 Block 13 Lot 20.7 Is returned herewith and disapproved on the following grounds: 4,4.E Authorized Signature Fee: Filed APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. t ( GG L1417 E RECEIVED 12 2012 OF APPEALS [53.71 x 354.32' SCTM 1000 Section io Block 3 Lot(s) 20•% Lot Size52, 3[8.0sF'Lone R4<�) I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED WT., tCv� 2012 BASED ON SURVEY/SITE PLAN DATED x.06. t 3, So 12. Applicant(s)/Owner(s): Ek-V4AG*R [-L-a L e[El, &- AFUCCO 6=i2 - Mailing Address:_ tD COJ&-TrRt�-f Mme.) COoej'MEU.ltL.L,EjN [1-147 GIN Telephone: GqZ- 4925 Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: e . MEfb-12 for (✓S Owner( )Other: Address: t-4 FAN L7�, Fi'Ct%1 L95R� j f114t�t7R� fJ U580.22d 9 5((o Telephone: 43'7 •-I35a Email: GEMla (L—RoLC2C�H @ACG,CZKf j Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (%/) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN 2012 DATED ANEr. t3, 2012 and DENIED AN APPLICATION DATED GEPE 28, FOR: .x%Building Permit ( ) Certificate of Occupancy O Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: IJ= Section: '260-14- Subsection: Type of Appeal. An Appeal is made for: Qc) 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 appealXjiJ,has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 64S"7 Year(s). 201 t . (Please be sure to research before completing this question or call our office for assistance) RECEWED Name of Owner: ZBA Filek DEC 12 %0)1 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: IT DOERS NoT c T415 ova C H&i TUB '�'F T Ke' 1-kX)aQ r -R b rAN LT- 6 S V l• S0AUZE > FRJC:*tL Tie ss"D A Etoo�C-,OFT- 5 SIZE �pC�iZ�TEI� L�oVET:�( f/LUGL-I L(J L OEFC C3 ' W(T4 Tf f�7E{�>! Zl1JC� PPaP Tl�S. 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: T+e, souG T CA43 �,�dc6t r v� 0-f fiNortr�cz METbnaEc��t V4e Arza Nla-Oe5E I,XsTb f- y-ZOH e F Ae sit L PC)wn(pp o F T14S U 0 ' Ft -3 Ls O-etJ A Tf.I.4424F-5A The amount of relief requested is not substantial because: We 5 Ef-t be TO Fi, t I .6t4' OFF Ac 6M 44.1-. PDP—TLOP O F TIDE AREA Tb Plzovive ACCE55 TD A -JJ Ot-T'DOOFZ OP>sE2vPT10/J TJEC',I+G, TbtE Ftp ISbiE3p PoR.TIOo OF= roe AaT vauL lae OV- 283.55;i=. T-1,45 IS LA.= 55 T-WAJ-1 12 % of TVte E tX>6Z AZ d::NF TOf--- 2 F.pcb aei-e)W 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Twe Tui c> fi¢�f� Liu Ctxn�tETi3'i Cof�T'f�df�I rIJ WLTbK- 0 -Mr eAfI� Ttlp- L- RmE Qmff^ j!Fr (,1JE5S OF A STAf -)VARt> AAnC- ACZ=-A FC97- TbR5 s 7'e biouea g SRz T ue- 5. Has the alleged difficulty been self created? {v(Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? ( ) No V Yes (please fumish a copy) This is the MINIMUM that is necessary and adequate, and at the a time preserve and protect the character of the neighborhood and the health, safety and welf o the community. J Af�N�cf� Sig re of Applicant or Authorized Agent (Agear must submit written Authorization from Owner) Swgltn to beforeme this I S day of U rmbu -20TY 9� Notary Public DANIELLE TERPIS Notary Public, State of NOW York No. 01TE6106440 Qualified in Suffolk County My Commission Expires March 1, 20 �D RECEIVED •APPLICANT'S PROJECT DESCRIPTW OEC` 1 2 1011 j�g6')'j S� Qd FLT L-, LLC/ BOARD OF APPEALS APPLICANT: UTr^F70co� M6:59, DATE PREPARED: eA-=P(- 1e--t114t0- 1. For Demolition of Existing Building Areas Please describe areas being removed: Ize tzemme C—RTAdo PA>zT-f Ttoc w II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 19; Dimensions of new second floor. 61/x Dimensions of floor above second level: Height (from finished ground to top of ri Is basement or lowest floor area being cc natural existing grade to first floor: N o ►-4 yes, please provide height (above ground) III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: 9th /LLTACk-Il5-D Number of Floors and General Characteristics BEFORE Alterations: S% L�"TLf-- E T�& b 2a` n 4 ) ,'7 co 6t-) Number of Floors and Changes WITH Alterations: PIzoF'ocHp Tl�� 1§3D� Stf.Y+E,E FAM I L"( l2E5tZ)61-Ge \N MEJ AXI-A<31+D TUMEIr,- CAF?- ER -.447,n Sp, IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2, SCo9.88 S Proposed increase of building coverage: 2,"708. 02 5 Square footage of your lot: 52, b l s'oo S Percentage of coverage of your lot by building area: L O . th8 Y, V. Purpose of New Construction: P2Opeoero Ac>pt noo �p 4(.T 4TLOrJs TD ?4-1 E,pL8T113& GUnSUe %kM.LL'-P CZF LDt9-� Ta Meow T-L+e (Jeecl5 OF AN RA DII F56 .LL --j 4.TE}ELfZ, ura CLSQ�L)2�N1�UT�j VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): THE s LTa 05 F-(,�T W LTM: F SLlEsbl� SLC 5OF LASS TH7W 390 T402, L5 A 4t6sH R--tQT E'--UW^TLE*J af= Ll.o 550,6�puAT-.Lj st>Ptl )& CCWO Tb of 8.o cr `7.0 THS NCL.]- C)pFOR.NLL71 f W MH Tt 0b)oe &K -F, 7Z:;) ©O wCC4 F(OLS;HLO& OET= A, -shc L, FOPTLnP oFMa PW4nPo5w .,TTIc AvPkBA WMIc4 I Le 12,EtunsDl �f iI1�S� t , T-ii21 S77,L�-f Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 • RECEIVED�� BUTTAFUOCO RESIDENCE - Project Description : 12 )Oli The project proposes additions and alterations to an existing two story sing1 11I§APPEALS residence. The project will expand the footprint of the house with an addition at the north- east corner of the house (approximately 19.4' x 20.8') to square off the structure and form a full rectangular shape. There will be a one story addition at the north-west corner of the dwelling to expand the existing attached garage, approximately 25.33' wide x 27.33' long. Many of the interior partitions of the first floor will be modified or removed to convert certain rooms into other spaces and different uses. We proposed the construction of a one story roofed over porch at the westerly side of the house near the entry area (approximately 12.0' deep x 19.0' wide) and a two level open porch across the easterly side of the house, 8.0' deep by 65.42'long, with a slightly widened deck area at the south-east corner that will project a total of 12.0' from the main dwelling. The ground floor level of the open porches will be constructed to allow any storm water run-off to penetrate to the area below and percolate into the ground. This proposed construction will require the removal of an existing wood deck (approximately 20.0' deep x 18.0' wide) located at the easterly side of the house that currently projects out further and closer to the bulkhead and water than the proposed additions and new porches. The project will also remove and replace the current partial second floor with a new full second story and a new attic area. A small portion of the attic area will be built and be finished off to be deemed a third story. This finished off portion is less than one third of the total attic area and less than 12 percent of the floor area of the second floor below. The current structure has a partial basement area below, but the proposed additions will be constructed with new crawl space areas. The exterior aesthetics of the altered house will include new siding of a cedar shingle look with white trim & corner boards, decorative columns at the open porches, an Architectural and dimensional style roofing material and wood (or synthetic composition style) decking at the open porch areas. We propose new windows and doors allowing more viewing opportunities to the east towards Southold Bay. The house will not be expanded towards any of the neighbors and will therefore not pose a problem to the privacy of the adjoining property owners. The residence currently has a sanitary septic system located east of the structure. The project proposes eliminating this current system and creating a new sanitary septic system to the west of the house. This new system will be more landward and further away from Southold Bay. The project proposes the re -directing of the current driveway, but the majority of the current landscaping and vegetation will remain "as is". Every effort will be taken to maintain the conditions of the existing site and water -run-off protection will be provided as required to ensure site containment. New storm water collection drywells will be installed and the roof gutters & leaders will be tied directly into those drywells. QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION DEL � G 1U1Z A. Is the subject premises listed on the real estate market for sale? Yes ✓ No BOARD Of APPEALS B. Are there any proposals to change or alter land contours? No ✓ Yes please explain on attached sheet. PR SSD M4.1eR Cu_bkK� TD ESOI.OVTUV & C�¢tDE GbNTDtXu� b '1 �iJ FPM E5V -AOD LT1cl-o S 72:;' S'R-�c7-1:s_ C. 1.) Are there areas that contain sand or wetland grasses? N O 2.) Are those areas shown on the survey submitted with this application? YE5 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? -(Es Please confirm status of your inquiry or application with the Trustees: PEI MJ ZE5A D6Gl 4A.011) and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey 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? f-3 O If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. 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. H. 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. Please list present use or operations conducted at this parcel SW6-LZ Ei" u (?Fs a> oicz)C.e and the proposed use GU_Y-cc;s EAM U—� pwliOtD� . (ex: existing single family, proposed: same with garage, pool or other) signature and RECEIVED ' s<i�]�•3) isf; 245 BOARD OF APPEALS" SECTION 8. USAGE. Wherever i.ecessary 03 appropriate, the use herein of any gender shall be deemec to include the other genders and the use herein of eithu the singular or the plural shall be deemed to include.i.h6 other.. ARTICLE II OPERATION AND Zrjr SECTION 1. REAL COVENVI All of the cont covenants and restrictions created t sin.shsll bs'cogrti real covenants running Vith the.. land.. SECTION 2. APPURTENANT EASEMENTS. All eadei granted herein shall be construed as easomiants appurteam the premises unless otherwise eicpressly provided. SECTION 3, ENFORCEMENT. This declarat:it shall be binding upon, inpre.to the benefit of and be.'` 01 by, the Declarant, and any owner of any lot -and plot-. `r SECTION 4. WAIVER. The failure to enfort of the conditions, covenants, and restrictions created ht shall not constitute a waiver.or estoppel of the right.V so thereafter. SECTION 5. DURATION. The covenants, condit 0 Aaslz II -e48 0 RECEIVED / OEC 12 ZOV BOARD OF APPEALS New York,' made by Young and Young, Licenced .,and Surveyor Riverhead, New York, and filed in the Office of the Clerk the County of Suffolk, State of New York, on the d. of 1976 as Map 1 SECTION 3. SUBDIVISION MAP. The words subdiv: map, as used herein, are defined as meaning Map i SECTION 4. LOT AND PLOT. The words lotatu as used herein, are defined as.meaning the separate numties4 parcels of land into which the premisea has and will be'd#i as shown on the subdivision map. SECTION S. OWNER. The ,word own, -, as u's! herein, is defined as meaning any.individual, corporationi partnership owning any of the lots and plots as shown on•tt subdivision sap and his heirs, legal reprrsentatvae, ssmeoe and assigns. SECTION 6. FRONT YARD. The front yard of aeiy`] and plot shall be that portion facing the interior subdivis roads and courts. RECEIVED tQ� DELI 210:1Z , - _-- BOARD OF APPEALS Lit. *#,24?35 ,��4? perpetuating the aesthetic amenities prevailing in the ca NOW THEREFORE the Declarant declares that the aforesaid premises and the whole and every portion the.reo' be and the same hereby are held and shall be conveyed sub; to the conditions, covenants, restrictions, reservations, exceptions and easements hereinafter not faith, and each and every prospective purchaser of said promises or a port lot or plot thereof, by the acceptance of a. do" tlserst(af., covenants and agrees that the premises so purehapd shell. bs,:beld subjact: to' ana; togeth�Ri viii► t.bs ldlonita�g;-0 covenants# restrictions, reservations, oxoeytiow e�sd FriuM ..;.. to wits ASTICLE I DEFINITIONS SECTION 1. =LROAmr, the ro=d Dsolarent,.:it herein, is defined as meaning Mr. John E. Rath,.rasidi"..;::A ` (No Number) North Road to Bayviexp.Southold,.New.xoslt heirs, legal representatives, sscoessers and assigns... SECTION 2. PPYJUSES. The word promises, as. herein, is defined as meaning all that cartain parcel of ) including all lots, roads, courts, recreation areas and it meats thereon, situate, lying and being its •tM 1'oMta oi� 8th y County of "•ulfolk, Mate of Novvosh" ahogs otti s oertaiiw it tied; 'Map of Paradise by ;the s.,y Tosai O! datattbeild, L ' Y I No Z' ------ AW 0 f_1515"WCP C;)Lt(O RECEIVED. DEC 12 2012 BOARD OF APPEALS THIS DECLARATION, :lade thin 14 day of OCtObgr# 1976 by JOHN E. RATHv residing at No Number) North Road to Bayview, Southold, Now York 11971, hereinafter called the. "Declarant," W I T 4 E S S E T H; WHEREAS the Declarant.is.now the wmer. in fq absolute Of all of that certain parcel of land jndjudihl* roads# courts t recreation areas and *Xproiei%ints lying and being in the Town of Southold, Co i#!ty of Suffok of Now York, as shown an a certain map entitled, wmio Of. -- by the Bay, Town of Southold# Suffolk County, Ni..t YOrku m44'. ' Young & Young, Licensed Land Surveyors, Riverhead* Na4.' Y4*)e.f filed in the Office of the Clark of the County of Suf f6lks* day of No"Or440rot 1976 as Map t KrC.3 WHEREAS the Declarant intends to develop said promises as a planned community, subdividing* qran conveying same or portions thereof to various purchisers,,::im WHEREAS the Declarant is desirous of subjecting whole.of said premises and every portion thereof to certain wi conditionsp. covenanter, restrictions, ressirvAtics-7s, except4ou and, 4asem nts for t) e 'purpose of promoting the generalW&114 of the residents *of the, %area, :,pk0tGj ting t>se iknvj ._x .!,a opn !j duci harmbrifou's' nsigh6oi pres; arving.-.1p r 0 RECEIVED DEC 12 1012 Board of Zoning Appeals Aimlication BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) pANiEi �. 9u7-09-FA0e0, hlwA6E1c I, 10/7-11L cc residing at 10 COMTi7l4 f 4eP4X D C'L3�W " (Print property owner's name) (Mailing Address) M LL!94t-j I L 141 do hereby authorize C-sGRAJ2-© 6L VE,'LEZ (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. �A�N�4-6E/Z (Owner's Signat re) (Print Owner's Name) �� SWX-M6A%1 CAII M4,, L6 C- 11 wi-14 J w4 RECEWW y t/fl t e Y. C.f. OF ao4 f d r f .. ♦_ •al's n WNW_ V e all 1 r 1 [y I ' sow' J "L r We GoCzpe(z - .A-DDITtON -E44ksr ccRNMfZ - q=Lzc se UP 5 S/ c ;R S P . - PRot°bsED �1J PbRc L4 r r k �.. •. .awn►. , . ��" y ,"`�'� `''� " Vit.:. ... x. i I r u� •` a i .j" �` TX+i � Y� f i ' .� �i .1 fL it 5' F � � i..:• '. -.. nr 1. f `y i I r. 1 MA p A 5 pa. �l'Sri F� •. � .}may s t e' • 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) RECEIVED 6 b A FORIIIi" 1 2 zoiz BOARD OF APPEALS 1. APPLICANT/SPONSOR 0;17K1jhC-sai2-1 L,L, G 2. PROJECT NAME 4E]D Ad,TFTZ.A.ITLO v TD BLDlTA C—OCC� Qyocl5"L_ F-00 co I -A642_ 3. PROJECT LOCATION: t LCy 64 t LAOIS S01_7rHC>L z)ef- -y Municipality 5DL7T'1kOL-V County '50FttDc'[G 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) L L (PO L-AILDE�, 000T+0c.:;>,>s�i E2�or 8 Lob oF= [-LM. 0 -f L aY��, t,oh5, 04 6C c3TkF E PLI t✓ f-) Q 6� !z0 5. PROPOSED ACTION IS: E] New E p,nsion ❑ Modiflwb,n/alleration 6. DESCRIBE PROJECT BRIEFLY: P�oPos�D �sFx�LTZ�s T7 3 to 7� I L� 2 [sT1 C�- 7. AMOUNT OF LAND AFFECTED: InitiallyI.—So" acres Ultimately L•20L1 acres 8. WILL PROPOSED ACTION COMPLY WITH FROSTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? �5 v - f& 11 Yes allo If No, describe briefly L iD CCLYG- �i. C TlO%) W MILLQ 15 C)FA't-3 tt-P(G-r IJ BULI-He%V 4t Fq-f> � Cca T12Cx:TZon-/ (,ULI-t - LJJGU--pE ti7G ,4 TWIZ-0 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential [—] Industrial [:] Commercial AgricultureEj Park/Forest/Open Space Other De tribe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ❑ Yes 19po If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PR POSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No CE IFY THAT THE INFORMATION PROVIDED ABOYE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor am SiLZ AC-�Z, C�y�[i,Zfl..,� L..(,LL WCk;;,—, Signature -v/ G If the action is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To AsornDleted by Lead Aaencvl • A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. ❑ Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes '0 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: IJO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spades? Explain briefly: :So 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: Po C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly: w40 v " alp RECEIVED C6. Long term, short term, cumulative, or other effects not Identified in C1-05? Explain briefly: O L C 12 2017 Po C7. Other Impacts (including changes in use of either quantity or type of energy)? Explain briefly: BOARD OF APPEALS 1-30 D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? 17a 11 Yes No If Yes, explain briefly: E. IS THERE, QR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes Pq No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed 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; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes, the determination of significance muslevaivate 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 Impacts which MAY occur. Then proceed directly to EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and anysupporting documentation, thatthe proposed ac NOT result in any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting this deter Name of Lead Agency Pirint or Type Name of Responsible Officer in a ency Signature of Responsible Officern Load Agency Title of Responsible Officer Signature of Preparer (if different from respons a cer) +I • AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ]1-( l 2 112 BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: S lz1M6&(Z CAFLTP\L,, L l c / Q t�—L ?tt7 Af7OCGo 2. Address of Applicant: to Cook-DM'1 IvEMOOW-C4CX2-T,MC—LytllBrtJNttZ4i 3. Name of Land Owner (if other than Applicant): Cs4A 6 4. Address of Land Owner: 5. Description of Proposed Project: eV /D0tTtiOVJ5 c -p` 4-TtFV-AX14V1-Y�✓1a ?64-:1eyLE fl�S" /�Iln�i I G. a .• v �'f �'. ��. r�Y�1 vim! 6. Location of Property: (road and Tax map GoT?t�o. Nb woo number) LL&9 4 SOL7MCk-Or 1J-1 SEt;� 7o ZbUt Liv LVT %.-7 7. Is the parcel within 500 feet of a farm operation? { } Yes )KNo 8. Is this parcel actively farmed? { } Yes XNo 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 9 00 i /?-- Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. • APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM • RECEIVED / %,�,% DEC 12 2012 �O 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: DAQCi✓L. 0>07_T.4> 1T000 (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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Pla Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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. YES NO V If you 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 applicant/agent/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this Signature Print Name 20 ( Z • AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM • RECEIVED DEC 12 201? BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart 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. YOUR NAME : m e-yoz, GET 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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning 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. YES NO V If you 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 applicant/agent/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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) _ B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) _ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this da f (tel . , 20 ('1. Signature �— Print NameC7 (a(a?0 RECEIVED Town of Southold LWRP CONSISTENCY ASSESSMENT FORM DEC 12 2.012 BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1 om - `70 The Application has been submitted to (check appropriate response): Town Board F-1 Planning Dept. Ed Building Dept. X Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: PRoPOSer 40PMOPS E,- 6d.T EZATM:*35 TD A43 e-4t5TL"& T to GTDP- -( rati-�G E:AdvtLAl -f R-GGLDel-Cg (PLE46E SEE' sfcTTAC-4ED Fa(P. DETALU MZ:>DE-.yG L{'l1Df 1 OF PR0FC0eD IKC Z1�� 0 0 Location of action: ( i G S K,IM jbE ( CA4-'1E , Swrrf uc) �Y Site acreage: l.'2C>U A69ecE7 RECEIVED Present land use: SCO&LE FAMI,u--( Q-eGtDE1DCP, UFC 12 2012 Present zoning classification: CZE-,SLDO1- 6 R- 4e BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: -OWA AC-sA(Z (a) Name of applicant: DA if z CeZ &u T'RcPUOGOz M,!�5F, (b) Mailing address:_ l0 COUfJTP`r MOA'Do V COUP—T- M f UNI LL L (5z lJ�' ( l -74-7 (c) Telephone number: Area Code CO5L 4-S2.5 (d) Application number, Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ N4K If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ,Yes ❑ No ❑ (Not Applicable - please explain) P62c>F70seb eg.PLLNqu::o C* .A SuN 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 Yes ❑ No ❑ (Not Applicable - please explain) • • 626 a0 RECEIVED Attach additional sheets if necessary OR 12 ?011 Policy3. Enhance visual quality and BOARof ponppa`C q y protect scenic resources throughout the Town of on See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria Yes E No E (Not Applicable — please explain) PRoEK?9Ep RIZP 9LC*3 dF A sum E Z=it tL�` P �cp�iGB otJ P2l A E PRDMRTH y IN A LOW CEE. 5L7:j still Z1.A2. zt sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes � No [:� (Not Applicable — please explain) ALA— NEces z -r A4AD sTA4-3DAP4> F P20TE----T1ol.J P9&cT1c09 MLj___ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria Yes 0 No 0 (Not Applicableplease explain) �� AP> Lr7IJ DF— Z ewsTuns _SL4-X Le tA% LL -:1 Cze<'-� Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes E No E (Not Applicable — please explain) • • RECEIVED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ (Not Applicable — please explain) Attach additional sheets if necessary R ,_•Maw, Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ (Not Applicable — please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ YeED No ❑ (Not Applicable — please explain) ii�&WI✓ 166, AeoJ{; Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria./ ❑ Yes ❑ No 1:1 (Not Applicable — please explain) 1p OA*AE �j /4421(N e 4tECE1VE� APPEALS 601W� Op Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑ Not ,Applicable — please explain A S,A+AE A& E Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable — please explain 15d"E A5 Aenv E Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable — please explain FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 ZBA FILE: #6487 NAME OF APPLICANT: Shamgar Capitol, LLC Daniel Buttafuoco PROPERTY LOCATION: 1165 Kimberly Lane, (adj. to Southold Bay) Southold, NY SCTM 1000-70-13-20.7 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 28, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: A Memorandum dated Aug. 1, 2011 confirming that the Applicant's proposal is INCONSISTENT, was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. In relation to the variance the Applicant seeks for a nonconforming bulkhead setback, The LWRP Coordinator cites Policy 5, recommending 1) that the new proposed septic system be required to be shown on an updated site plan survey, and also cites Policy 6, recommending 2) that a 25 feet wide landscaped buffer be established landward of the bulkhead, if a variance for the bulkhead setback is granted. PROPERTY FACTSIDESCRIPTION: The Applicant's property is a 52,318 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 345.89 feet. The easterly lot line measures 123.52 feet along Southold Bay, the southerly lot line measures 354.32 feet, and the westerly lot line measures 153.71 feet along Kimberly Lane. The parcel is improved with a single-family dwelling, and is shown, along with the proposed new three-story dwelling, and new septic system, on the site plan survey drawn by Gerard E. Meyer, Architect, dated Sept. 17, 2010, and last revised on Aug. 2, 2011. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article III Section 280-14 and the Building Inspector's February 25, 2011 updated June 9, 2011 Notice of Disapproval based on an application for building permit for reconstruction of an existing dwelling with third story addition at: 1) less than the code required setback of 75 feet from a bulkhead, 2) more than the code required number of stories of 2 %2. RELIEF REQUESTED: The applicant proposes to reconstruct an existing two story single family dwelling, with a nonconforming 53.5 feet bulkhead setback, built in 1991, and to construct additions and alterations, including a third story to this single family dwelling with a nonconforming 57 foot bulkhead setback. This construction requires a variance for the proposed new bulkhead setback, and another variance for the proposed three-story structure. . • BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson �,OF souTyolo 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 James Dinizio, Jr. Office Location: Gerard P. Goehringer Town Annex /First Floor, Capital One Bank George Homing H .r �p 54375 Main Road (at Youngs Avenue) NY 11971 Ken Schneiderl yCO�ry � Southold, http://southoldtown.northfork.net / RECEIVED ka ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2011 ZBA FILE: #6487 NAME OF APPLICANT: Shamgar Capitol, LLC Daniel Buttafuoco PROPERTY LOCATION: 1165 Kimberly Lane, (adj. to Southold Bay) Southold, NY SCTM 1000-70-13-20.7 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 28, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: A Memorandum dated Aug. 1, 2011 confirming that the Applicant's proposal is INCONSISTENT, was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. In relation to the variance the Applicant seeks for a nonconforming bulkhead setback, The LWRP Coordinator cites Policy 5, recommending 1) that the new proposed septic system be required to be shown on an updated site plan survey, and also cites Policy 6, recommending 2) that a 25 feet wide landscaped buffer be established landward of the bulkhead, if a variance for the bulkhead setback is granted. PROPERTY FACTSIDESCRIPTION: The Applicant's property is a 52,318 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 345.89 feet. The easterly lot line measures 123.52 feet along Southold Bay, the southerly lot line measures 354.32 feet, and the westerly lot line measures 153.71 feet along Kimberly Lane. The parcel is improved with a single-family dwelling, and is shown, along with the proposed new three-story dwelling, and new septic system, on the site plan survey drawn by Gerard E. Meyer, Architect, dated Sept. 17, 2010, and last revised on Aug. 2, 2011. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article III Section 280-14 and the Building Inspector's February 25, 2011 updated June 9, 2011 Notice of Disapproval based on an application for building permit for reconstruction of an existing dwelling with third story addition at: 1) less than the code required setback of 75 feet from a bulkhead, 2) more than the code required number of stories of 2 %2. RELIEF REQUESTED: The applicant proposes to reconstruct an existing two story single family dwelling, with a nonconforming 53.5 feet bulkhead setback, built in 1991, and to construct additions and alterations, including a third story to this single family dwelling with a nonconforming 57 foot bulkhead setback. This construction requires a variance for the proposed new bulkhead setback, and another variance for the proposed three-story structure. . Fagez-nngaat la, 2011RECEIVED 66,)-o � � DEC ] 2 1017 ZBd File#6487 - Shaingar Capitol, LLC CTM: 1000-70-13-20.7 BOARD OF APPEALS ADDITIONAL INFORMATION: At the public hearing on August 4, 2011 the applicant's architect submitted an updated site plan dated August 2, 2011 that showed the proposed drywells and septic system per the request of the LWRP coordinator. The proposed third story would be used as a family gathering space with balcony. The applicant and his architect verbally agreed to reduce the livable floor area of the proposed third floor to a code conforming size in order to eliminate the variance for a third story. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Aug. 4, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance for the Applicant's proposed new nonconforming setback from the bulkhead will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are several properties in the neighborhood with existing single-family dwellings that have nonconforming bulkhead setbacks. Grant of the variance for the Applicant's proposed new three-story dwelling will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is not characterized by the existence of single-family dwellings with large, nonconforming, livable third stories, such as the structure proposed by the Applicant. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for reconstruction of a new single family dwelling using some existing foundation and exterior walls cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, because the existing house is located within the 75 foot bulkhead setback and as such any construction would require a variance The benefit sought by the Applicant for construction of a three story structure can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant can design a structure that conforms to Town Code in regard to the number of stories. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a nonconforming, 57 foot bulkhead setback represents a 24% relief from the Town Code required 75 feet, and is, by itself, substantial.. However, the applicant is proposing to reduce the existing non -conformity of 53.5 ft by increasing the bulkhead setback to 57 ft. and several homes in this neighborhood have similar bulkhead setbacks. The variance proposed by the Applicant for construction of a three story dwelling when Town Code allows for 2 '/2 stories, is also, by itself, substantial, with the degree of nonconformity exacerbated by the proposed nonconforming bulkhead setback. 4. Town Law 4267-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 is proposing to abandon the existing seaward septic system and install a new septic system in front of the home, away from the water along with new drywells for storm water collection on site. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant in part and deny in part the variances requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a reconstructed house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Schneider, and duly carried, to GRANT, the variance for a 57 foot bulkhead setback as applied for, and shown on the site plan survey drawn by Gerard E. Meyer, Architect, dated Sept. 17, 2010, and last revised Aug. 2, 2011. RECEIVED 'Pig; 3—August 18, 2011 DEC 12 2012 ZBA File#6487 — Shaotgar Capitol, LLC CTM: 1000-70-13-20.7 BOARD OF APPEALS DENY, the variance for the construction of a three story structure, as applied for, and shown on page 6 of the construction design plans drawn by Gerard E. Meyer, Architect, dated Sept. 17, 2010. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan, and, architectural drawing .conforming to the relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolution was duly ado ted �t �(�1}L5q-0). �P� " t�_ Leslie Kanes Weisman Chairperson Approved for filing t /Q� /2011 "OW"N OF SOUTHOLD BUILDING *MIT APPLICATION CHECKLIS BUILDING DEPARTMENT Do you have or need the following, before applying TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form / N.Y.S.D.E.C. ICl (7 Trustees RECEME® C.O. Application Flood Permit Examined —,20 I t 2 )01) Single & Separate BOARD OF APPEALS Storm -Water Assessment Form Contact: (p 6 , hAE / (2.A , Approved , 20 /ail to 14 OWE LT- A?DE OE; Disapproved a/c ® f 11- SI�YJ,aRThdAtJO�Z Wli LI VV 30.$2.1 Phone: Silo • 437 •-IaSD Expiratin:16 on , 20 Building Inspector APPLICATION FOR BUILDING PERMIT BEFt. Date SEPT o2L 2012OVAouteoto INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans; accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. — I vV (Signature of applicant or name, if a corporation) t4 �It�t,d*tF.�-x>E r ST�VyaR� M.4�cRr N l ll.bvo •27..t�1 (Mailing address of applicant) State whether applicant is owner, lessee, gen (rchitec engineer, general contractor, electrician, plumber or builder Nameewiterofpremises StE NIC Z c {�ptT � (L,VoGf tE1. (As on the tax rolf or latest deed) / If applc a corporation signature of duly authorized officer ame and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: (l COD K l M @, L:J L,4,ie S�3Tt{ac House Number Street Hamlet County Tax Map No. 1000 Section •70 Block L 3 Lot 20•? Subdivision I �APAPI-v , &I ThS riled Map No. (c4lc3 Lot 7 _ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 51►.)6LE FAtAtt,—{ t2Es1DED,� b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition ✓ Alteration ✓ Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units ( Number of dwelling units on each floor ( If garage, number of cars 3 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N. ,A t 7. Dimensions of existing structures, if any: Front (S5.4 Rear CoG .4 Depth Height V9 1 Number of Stories 2 Sl.Q,1 Dimensions of same structure with alterations or additions: Front 69.41 Rear �26.41 Depth 82.q I' Height 31-G-71 Number of Stories ?, cr Dimensions of entire new construction: Front Rear Deitttt tv� .Height Number of Stories 1 1 9. Size of lot: Front 195,71 Rear 155. &I Depth 35'4.52 I 10. Date of Purchase G/to/!o Name of Former Owner F• t KA;WRIIJ &-C:"s?4 11. Zone or use district in which premises are situated R' -4 0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ✓ NO 13. Will lot be re -graded? YES ✓ NO—Will excess fill be removed from premises? YES_ NO ✓ SWAMFs6R rLTR I,r 1.1 6 to Coowpq memxw 14. Names of Owner of Name of Architect f6P6120 c. ME'1EfL� 12.,4 No. No Gvo-437-7390 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ✓ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ✓ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES ✓ NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF tWjf*kU ) CrERA9-0 Me e%2� R.A. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named. (S)He is the .6EsE1.i 1 P.Gbt•l.TS-Cr (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application:. that all statements contained in this application are true to the best of his knowledge and belief: and that the work will be performed in the manner set forth in the application filed therewith. Sw n{ \before me this day of O C� AOcUGLIO o ofNwr York38 Notary Public Gusu County 13 Signature of licant Commission Expires Deo. 31, 20_ 0 and plots perpetually. SECTION G. DEEDS. 0 RECEIVED DEC 12 2012 . BOARD OF AppEqLS Every deed to a subdivisi shall include by reference th,Ls de laration of,eonditio4 pants, restrictions, reservations, exceptions and easemej SECTION 7. CONSENTS. The cnnsents and approve: called for pursuant to this declaration shall not be unru ably withheld by the Declarant. SECTION S. ASSIGNMENT. The Declarant shall hal right and hereby reserves the right to assign, with`or:*j oconveyance of title to any part of the premises, any or <the rights and powers of the Declarant herein e-ntaini* instrument in recordable form, and the assignee uwreof;; or not such assignee has title to any part of the premil shall have the same righ6a and powers and be subject to 't obligations and duties as are reserved, given and assu.04 the Declarant. SECTION 9. INVALIDATION. The invalidation qi:� .:section or portion of this dnclaratioa by a court of 00 7.juriediction shall not affect any of the remaining proviii •hereof which shall remain in full force and effect. ARTICLE I11 nUILDIN4 RESTRICTIONS SECTION 1, SINGLE-FAMILY DWELLINGS. No stryctu than a oLngle-family dwelling with attached.ga ksrid/os wLewing pool shall be ooAatructed ofi quy Jot 4n�1. 5 0 N2t.CEIVED UK 12 101t�o. BOARD OF APPEALS SECTION 2. BULK. A single-family duel shall contain not less than eighteen -hundred (1,B00) sq% and in the case of a two-story dwelling at least mhwhur (900) square fest, of which must be on the first floor.c year-round heated, fully enclosed, habitable, usable flc area, exclusive of garages, basements, open porches, dec and attics. An attached garage shall contain at least t hundred (300) square feet of fully enclosed area. SECTION 3. HEIGHT. A single-family dw4l 6halX not exosed. two and ons -half -(2.1/2). stories :Qr 'P.3 (35) feet in height, whichever. is less. SECTION 1. MUCK. No gmwF: of any stru or building shall be located within seven ty-ftve (75)'te front or street lineof any lot and plot on Kimberly iaa within fifty (50) feet of the front.or street line of.an and plot on Roxanne Road, nor within twenty :(20) feat gt back and side lines of any lot"'and plot, nor within 804' (751) feet of the mean highwater mark of Southold Bay.:ok •creek.' The lot and street lines are those shown. on tib subdivision map. SECTIO!. S. GENERAL DESIGN TEATURES. No OA - trailer, modular home or factory constructed - may X11 or spyod ca to nay. Raft siAp44441 1 Wirt 4 4 as attpciWB.`gi�age. 0 LWX135 ►PA52 0 RECEIVEDb DEC 12 201 SOARD Op,4PPE,4LS. shall have varied positions on late and varied roof ridg, so ab to avoid monotony. SECTION 6. LANDSCAPING. The grade on w portion of any lot shall not be elevated or depressed mol three (3) feet from that of the abutting street and suirc lots and plots. upon completion of construction, the ani unbuilt portion of a lot and plot must be.gsaded, grass'.4 and shrubbed. Thews planted by the Declarant alonq•f aa.1 lines of lots and plots shall bo maintained and pr}aif>vi the owners. Not more than twenty (20) pare'" ihall.bs cleared for building or access purposea, and:fit,, event a tree having abut diameter in excess of 'six measured two (2) feet above ground shall be cit withour.'t express written approval of the Declarant. a` SECTION 7. PWCES. No fence' . all.be.:;i or placed within seventy -live (75) feet of the ttont pX' line of any lot and plot or between .the front of s aittgle dwelling and the front or street line of any lot aitd piof whichever is greater. SECTION 8. SIGNS. No sign of any kiA&.4 erected, i..r.intainei: or displayed to the public view on su portion.of:an y lot ,plot and building without writlran Cor of th4 Daolaraat> and ;then pnly; upon suo yiciit 4l4v My POW z }Nib; Y The , PrpviitlQos lot ibai ; I • �l ,1 .. ..�. - i 'fes.•: 0 0 RECEIVED OW8135 ;0:253 k c 12 z017. BOARD OF APPEALS prohibit signs used by the Declarant. SECTION 9. UTILITY CONNECTIONS. All single dwellings shall he expeditiously connected to municipal % and sower mains when available, and all aefunds of the Declarant's deposits with utility companies shall be paid to the Deolarant. All utility connections, water, sewer, ga0.,,electricity, telephone and telepAsion shall be ift� underground. SECTION 10. COMPLETION. All eonstructioA:a r :- c landscaping actilritiee,shall be completed within: one fi): year of cwmanosmant of initial.construction. SECTION 11. APPROVAL OF PLANS. No buildinui and/or structure of any nature or description shall be -es nnr shall construction.,thereobe oomawnosd; :nor shall any0 alterations upon or addition* -to any building and/or :strc be commenced unless and until. all plana, specifications, elevation, site plans, shrub-plantins plana, andother in tion deemed necessary to determine the suitability and aper ness of the exterior architictural features -14 design; :ooatio RECEYj/ p,�iIE C 1 2 2012 i�35 IA1; 25� BOARD OF APPEAL plans to be approved and shall keep same permanently on'fi SECTION 12. SUBDIVISION. No lot and plot"ah be further subdivided, conveyed or sold except as.a whole:: ARTICLE IV USE RESTRICTIONS SECTION 1. RESIDENTIAL USE. All lots =4d.I shall be used strictly for private single-family residsettI .-'purposes only and no copamercial enterprise of eny kind sty rez r:1• maintained upon or in connection with any lot and plot.`"' SECTION 2. PROHIBITED RESIDENCE. No 6 xile i basement, tent, shack or garage shall be 6rected,.plaesd;i tained, used or occupied on any lot for use as a temporary permanent residence. No single-family dwelling house shgl occupied by or rented to seasonal or transient obcupants;: no circumstances shall any single-family.dwelling house be occupied by more than four (1) people not related by blood marriage. Under no circumstances shall the windows or doo a single-family dwelling house be boarded up. "ECTION ARyRU.S. No poultry, honsepl,ca hogs or other anima:.s, domestic or wild, except household may be kepton any lot. No coupe, doftouse.or menagar#B:e; be'kept outside of a single-family dwelling, house- ;ifr`cg0* With -household pets without the express written permiss%q Le RECEIVED pp � Z' 2-011 Ld(F0135 w-255 230ARDOF'APPEALS SECTION A. OPEN STORAGE. Garbage cans, garbage refuse, scrap, machinery, trucks, nick -up trucks larger t,u one-half (1/2) ton, unlicensed motor vehiclrs, trailers, hi trailers, modular homes, tents or campers shall not be *to: outside of a fully enclosed single-family dwelling except one camper less than twelve (12) feet in length may be eto- in the rear yard of any dwelling but not within twenty (20 of any side or rear -yard line and two -hundred (I0u) feet�,f any front -yard *treat line,, upon written approval of thk,D ant. Clotheslines may be stored and'used only.in the aye s of any d•.aelling. Not more than three. (3) 1Wine�': vehicles shall ever be parked.ovlrnight outside of a siggl family dwelling house garage. SECTION 5. MAINT=NANCE, .The owners shall ppin stain, maintain and/or repair the exterior of all sing104i dwellings and garages and cut down all lawns, weeds and'bi to a level of less than four (1) inches above grade. SPCTIOH 6. RIPARIAN RIGHTS. The owners of Int t2 and f3 shall ntt construct any spile, dock, Qingerdock, bulkhead or any other structure out past the existing bulx line into the "creek" and shall moor no boat in a fashion that it extends out �,aer twenty (20) feet Fast the exist ir bulkhead lino into the "creek." No boat whia}t 14:'useQ Lrg1 W commercial purpdse or venture shall''be scored at aaY s n lot, boat, basin..or reoreation.area. M 10 RECEIVED BOARD OF APPEALS The Declarant or his successor shall have the right to bu the perimeter of the "park and recreation area" bordering "creek" and/or construct any spile, deck, fingerdock, who bulkhead or perm{t the mooring of any boat provided same not extend out from the perimeter of the "park and recrea area" into the "creek" more than twenty (20) feet. SECTIOV 7, SUBDIVISION PERIMETER AND ACCESS subdivision perimeter to the depth shown and as marked. on subdivision map shall remain in a natural state, undi" r:. except for the removal of debris, brush and dead<shrubi.l or trees, and the replacement of dead shrub screening :'on all of which shall be the responsibility of each lot owrn existing fence on the subdivision perimeter shall.be Mair by the Declarant or his successor and in no way.shall be: by the lot ownerst and pedestrian or vehicular access shall be from interior subdivision roads or oouits ands shall be through the subdivision perimeter, except dut$ai struction, at which time a section of said perbbater IIsiti be removed by and at the expense of a lot and plot owner access by heavy=achinery,tradesmen and deliveries. ARTICLE V . EASEMENTS SECTION 1. INGRESS AND EGRESS. A nonexclu easement, in common with others, for the purpose of in'gr egress over the surface of the streets and courts as lid tie filed map is booby. grsat d to aI •stabli Y { owner of svasy _tot .11� t�i35 ,1:.257 �►�ge��P SECTION 2. OWNERSHIP. Title in fee simple a) of all lands lyinc in the beds of the streets, ccurts, p+ recreation area, foot path to park, and creak shown on thi division map is excepted and reserved to the Declarant six not conveyed or intended to be conveyed to any owner of ac SEC:'ION 5. PARK AN.) RECREATION AREA. A now easement, in common with others, for the purposes.cf usim 'park and recreation area" shown on the subdivision map., recreation purposes solily, together with an easement for trian ingress.and egrees'over the "foot path to Qark,• as oR tDe 44ditlisio¢ sup, i_s he;tbyjraatea and estabf l every OWner.' of every. let and plot and up . ea a 'ti�ttsiylM: and plot. SECTION 3. DEDICATICti. The right to dedicat streets and courts shown on the development man to any mun authority is excepted and reserved to the Declarant and i event that any municipality accepts the dedication of the %`- and courts, all rights-of-way for ingress and egress over streets and courts shall automatical:y terminate, extiugu become null and void. SECTION 4. WATER EASEMENT. The ow.nprs of:Lq through !10 are granted a nonexclusive easement, in r -v# o others, for the purposes of running water pipes through t F'. subdivision roads and the easements between Lots ill thrc and through the subdivision perimeter for the purposes o) in waterwells 4 in the subdivision perimeter provided eaei owner shall bear the full cost of such installations sihd eosplete same and restore all lands to the. previous Bond within sixty (60) days of commencement of work. SEC:'ION 5. PARK AN.) RECREATION AREA. A now easement, in common with others, for the purposes.cf usim 'park and recreation area" shown on the subdivision map., recreation purposes solily, together with an easement for trian ingress.and egrees'over the "foot path to Qark,• as oR tDe 44ditlisio¢ sup, i_s he;tbyjraatea and estabf l every OWner.' of every. let and plot and up . ea a 'ti�ttsiylM: FtWIVEp, Oil BOgRO OFAppEAE quests personally accompanied by a lot or plot owner. Th and recreation area" and"foot path to park" as shown on t subdivision map shall be used only for such recreation pa and no structure shall ever be constructei thereon other "creek" docking facilities as heretofore provided for, Of bridge" facilities as shown on the subdivision map, and m tenance o: the "foot path to park" as shown on the subdiv map. The beclarant reserves the right to relocate the''!f path to park' as shown on the subdivision sap between Vat ,'13 WA i1 to a location between Lota..03 'and 143 and `aLg1 bulkheaded •creek" front on Lots /3 and i4. SECTION 6. RESTRICTED ACCESS. The:Deolara reserves the right to chain off the entrance to •7lpsanfi l' at Pine Neck Road to all but emergency vehicles. SECTION 7. KRINTENANCE. The Oaclarant:.i and reserves the.right to snow plow, sweep, maintain,_sep regrade, and improve the streets, courts, park and recrea foot path to park, creek and subdivision perimeter eases» shown on the subc:ivision map, it being expressly understo the Declarant is not hereby in any way obiigated.to condu or pay fo.- such activtties. Every owner, by acceptance o dead,, to a lot and plot covenants and agrees -to pay the -b ant on ths.first day of January of each and every.yeiir ane►ti}al c t,40 to: be usod by .toe Declaraftt to'pay all%•ta�leij i a4f�aeed �1p0A the streets and courts as ehoyn'oz! Eh,'! • • r2EtEIVED BOARD of APPEALS map and all coats, if any, of maintaining and repairing a Such annual charge shall not, however, exceed the sum of (50) mills on each dollar of .he assessed valuation of th premises (including improvements) owned by each owner al each year by the applicable municipal tax assessors. In event that such annual Marge is not paid when due, the shall become and remain a lien upon the premises of such owner until paid, and the Declarant shall have the right to 'collect-Ue same and to enforce the- lien thereof by any means authorised by law. SECTION 6. UTILITIES. The Declarant exc p and reserves the right to grant to others, with •r withou a conveyance of title to any part of the promises,.electr gas, water, sewer, telephone, television and other utilit easements in, under'aM over the streets and court. as ah ' on.the .subdivision mpg. �i 1WVBIRCT 'fL7,1 sOT_e1Q4 SECTION 1, AMENDNENTS. The Declarant, want or not owning any part of the promises and without the coy of any owner, mortgages or other lidnor, shall have the' r: and hereby resefves the right aayany tine to alter, modily_ h ; or release in whole or in part, or all of the c 4ltii its ( y 0419 menus, ane sestrtclo-ions NC lortA .L►,Wdlk tO.ahs► �Qt iAd plat of .the W►aYe p�� r A! 4 f i lc} --- • RECEIVES �� 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD L�WNFR n n 7 "KC°' / / (� VILLAGE DIST. SUB. LOT RC1 I -� OCA .� � � H e .Tou f/� o /� fs' � ^ . FORMER O N ER Thr E ACR n o he, In CMI �pfs S W X03 TYPE OF BUILDING ks. 21 SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS S�fAr�'%i�aX67 ,saes E ?i_7 F4�o.�i< 0o H3o0 3 IS / � P3/�,PA�✓s .e � -ice- ;� �cAxox/e o7=9,�s�- z3z 3 o �1 3 F -L_f o fc- 0o 12..6 nm t Zy L\05(op IZ3 Nlp�r Srrl\�Pn$Urs �fOO,ej v FO —LI Zlo3 59v -�ShrarMr eoq 1p�Li " oo N!G 4 • 'illable 90 �9a FRONTAGE ON WATER Voodland FRONTAGE ON ROAD Aeadowland DEPTH iouse Plot BULKHEAD r 'oto 1 FORM NO. 1 TO" OF SOUTHOID BUILDING DEPARTMENT office of the Building Inspector town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22593 Date SEPTMER 16, 1993 THIS CERTIFIES that the building 2ffiW DWEI.LIHG 0 RECEIVED DEC 12 2012 BOARD OF APPEALS rooation of Property 1165 KI7&ERLY LANG SOUTROtJ) N.Y. House No. Street Hamlet County Tax Hep Wo. 1000 Section 70 Plock 13 Lot 20.7 Subdivision Nap No. Lot No. contormc substantially to the Applioation for Building Permit heretofore filed in this office dated OCTOBER 11. 1991 pursuant to which Building Permit No. 20207-2 dated OCTVMBt 15, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the Law. The occupancy for which this certificate is issued Se ONE FAMILY DWELLING WITH ATTACH GARAGE G WOOD DECK AS APPLIED FOR. The certificate is issued to EUGENE F. G KATHRYN B. O'HARIL (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMICrT OF KMt TH APPROVAL E7 -50 -214 -JULY 9. 1993 ELECTRICAL INSPECTION CERT. #2176 - JULY 16, 1993 PLUNEERS CERTIFICATION DAM JULY 13, 1993 - H. SMITH PLUMB. G HEAT -IAC. RQv. 1/81 ild q Inspector �N T 3075 • EXPRESS RESEARCH x: �l o-gay-r�Gu i • N/aW1I3I OD;�! nf79N. u�O-P or-OV� + 44 GGlN,'t .1%g gops,V OF FQQ�P� U V(D -&. emw^w�1ax9 eifwe PAM c i r n i r I W in 4tkk may [o [oiv o;-1 ,..� ti a W o -&. emw^w�1ax9 eifwe PAM c i r n i r I W in 4tkk may [o [oiv o;-1 ,..� -&. emw^w�1ax9 eifwe PAM c i r n i r I W in 4tkk iTown of Southold P.O Box 1179 10 Southold, NY 11971 ***RECEIPT*** Date: 12/17/12 Receipt#: 143832 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6620 $250.00 Check#: 5167 Total Paid: $250.00 Name: Buttafuoco, Daniel 144 Woodbury Road, 2nd FI Woodbury, NY 11797 Clerk ID: CAROLH Internal ID: 6620 • Town of Southold • P.O Box 1179 Southold, NY 11971 * * *RECEIPT*** Date: 12/17/12 Receipt#: 143833 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6620A $250.00 Check#: 1352 Total Paid: $250.00 Name: Meyer, Gerard E 14 Covert Avenue Stewart Manor. NY 11530 Clerk ID: CAROLH Internal ID: 6620A 0 • ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-17-12 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECENED 6620 BUTTAFUOCO, Daniel 5167 $250.00 DEC 1 7 2012 Southold lown Clerk RECEIVED 6620 Gerard E. Meyer $250.00 Architect 1352 DEC 1 7 2012 TOTAL $500.00 Southold Town Clerk Sent via Inter -Office to Town Clerk by: ES Thank you. 0 ELIZABETH A. NEVILLE, AMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER rri OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 17, 2012 RE: Zoning Appeal No. 6620 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(631)765-6145 Telephone (631) 765-1800 southoldtown.northfork.net Transmitted herewith is Zoning Appeals No. 6620 of Gerard E. Meyer for Sham¢ar Capitol. LLC- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Zoning Board of Appeals Dated August 19, 2011, Three Pages of Findings & Determinations Dated August 18, 2011, Notice of Disapproval from Building Department Dated October 31, 2012, Copy of Application for Building Permit Dated September 28, 2012, Copy of Authorization Letter from Daniel P. Buttafuoco to Gerard E. Meyer, Five Pages of Photos, Eight Pages of Covenant & Restrictions Dated October 26, 1976 (Both Sides), Copy of Property Record Card (Both Sides), Copy of Certificate of Occupancy No. Z-22593 for One Family Dwelling with Attached Garage & Wood Deck Dated September 16, 1993, Copy of Survey of Property as it Exists, Survey of Property Showing Existing Construction Dated October 5, 2010 Prepared by John C. Ehlers -Land Surveyor, Seven Pages of Plans Showing Floor Plans, Septic System Elevations Dated August 13, 2012 Prepared by Gerard E. Meyer - Architect. 9 GERARD E. MEYER, 14 COVERT AVENUE, STEWART MANOR, 516-437-7350 0 ARCHITECT NEW YORK 11530-2219 gemeyerarch@aol.com RECEIVEQ March, 2013 Zoning Board of Appeals Town of Southold - Southold Town Hall Annex MARL 52013 / /6� 54375 Main Road (. Southold, New York 11971 BOARD OF APPEALS RE: ZBA File#6620 - Shamgar Capitol, LLC Proposed Additions & Alterations to the Buttafuoco Residence at: 1165 Kimberly Lane, Southold, NY Dear Zoning Board of Appeals: This letter is a follow-up note of information, as suggested by the Board, to investigate other Zoning Board of Appeals cases where decisions where granted that were similar in nature to our appeal. Through great assistance from Ms. Vicki Toth of the Town of Southold Zoning Board of Appeals department, I was able to find some cases where variances for the construction of third stories and/or proposed third story uses were granted by your Board. I refer to some of those cases herein and I have paraphrased a few of those decisions for the Board's consideration with respect to our matter and pending decision. There are six (6) specific cases that seem fairly characteristic of the nature of our appeal and I cite and briefly describe them as follows: 1. ZB# 6097/December 6, 2007 - 14216 Oregon Road, Cutchouge. Proposed construction of a new house with a 523 square foot habitable room on the third floor; noted - already under construction. This variance request was granted citing: this will not produce an undesirable change in the character of the neighborhood due to the construction of this room being within the exterior of a house that is already framed; access to the upper part of the house cannot be achieved by another method; not considered to be substantial because it did not propose a change to the exterior of the dwelling; the difficulty was not self created; and there was no adverse affect on the physical or environments conditions of the neighborhood. 2. ZB# 5852/April 27, 2006 - 3105 Peconic Lane, Peconic. Proposed construction that will result in an increase of 365 square feet of habitable floor space at the third floor where the 365 square feet is equal to about half of the lower two floors. This variance request was granted citing: this will not produce an undesirable change in the character of the neighborhood; this cannot be achieved by another method; not considered to be self created; not considered to have an adverse affect on the community; this was the minimum action necessary for the owner to enjoy the alterations to the • RECEIVED Zoning Board of Appeals ZBA File#6620 - Shamgar Capitol, LLC MAR 1 5 21013 13 August, 2012 BOARD OF AiPpi existing dwelling; and there will be a full sprinkler system installed. 3. ZB# 6209/November 13, 2008 - 13007 Oregon Road, Cutchouge. New dwelling, under construction, with proposed change to create homeowner's office within the attic space; proposed third floor. This variance request was granted citing: this use of a portion of the attic as a home office will have no adverse affect on the character of the neighborhood; this cannot be achieved by another method as there is no other place in the house for this room; was not substantial because it was within the confines of the house structure; was considered to be self created when the owner decided to convert this space and create this room; not considered to have an adverse affect on the community; this action necessary for the owner to enjoy the benefits of their home office above the second floor while preserving and protecting the character of the neighborhood. This application was approved with the following conditions: No sleeping on the third floor; requires installation of a fire sprinkler system; and no plumbing allowed at the third floor. 4. ZB# 5822/February 2, 2006 - 750 Mill Road, Mattituck. Proposed construction of a 132 square foot enclosed "observatory room" extension at the attic level with a Code compliant stair that will rise above the 2 'A story Code Bulk Schedule to obtain views of Long Island Sound above the existing mature tree line to the north of their property. This variance request was granted citing: this variance will produce no adverse affect on the character of the neighborhood; this cannot be achieved by another method feasible for the applicant to pursue; was not substantial because the room is only 132 square feet which is only 3.4% of the gross room area; was considered not to be self created due to it being a new home on the footprint of the older family home; and not considered to have an adverse affect on the community. S. ZB# 6512/November 17, 2011 - 2055 Grandview Drive, Orient. Construction of third floor, "as built", for a proposed bedroom, bath & sitting area with a balcony; this house was currently undergoing renovation at that time. At the hearing, the Board suggested limiting the request to just "storage area, sitting room & balcony". This variance request was granted citing: this variance will produce no adverse affect on the character of the neighborhood because it was similar to other house in the neighborhood; this cannot be achieved by another method feasible for the applicant to pursue; was not substantial because it was mitigated by the fact of limited use for storage, sitting & balcony; was considered to be self created but that the owner had no knowledge of the imitations of the Code at that time; and was considered not to have an adverse affect on the community due to the limited use as storage, sitting 0 "` RECEIVED 74 Zoning Board of Appeals ZBA File#6620 - Shamgar Capitol, LLC MAY a p�,}�� (1),D 13 August, 2012 BOARD OF APPEALS room & balcony. This appeal was granted with the following conditions: only to be use for "storage, sitting room & balcony" and no interior doors at the third floor except at the top of the attic stairs & for closets as shown on the submitted floor plans. 6. ZB# 6112/February 7, 2008 - South Side of Ocean View Avenue, Fisher Island. Proposed alterations to existing third floor (existing with a 20 foot by 20 foot master bedroom and bath with dormers). The third story will be reduced in scope by removal of dormers, and the proposed renovations and alterations will be in the same footprint and not change the use of the third floor area as a master bedroom and bathroom. As a part of our presentation, we indicated that the square footage of our request was reduced from 770 square feet of finished attic space in our first request to only 283.5 square feet of finished third floor area; less than half of the total attic area (finished & un -finished); approximately 12% of the floor area of the second floor directly below; and approximately 5% of the overall total floor area of the house. We also indicated that the house would be fully equipped with a fire sprinkler system; the finished third floor space would be utilized only as a "sitting room" and for access to the non -habitable storage area & the exterior balcony area (no "sleeping" facilities) with a maximum 7'-0" high ceiling; will be under the natural & normal roof line for a two story house without additional full height walls or added dormers; is similar in scale & size to other houses within the area; produces no undesirable change to the neighborhood; cannot be achieved by another method; is not substantial because it is within the normal roof lines of the house; and will not have an adverse affect on the physical or environmental conditions of the neighborhood. we therefore respectfully request, in light of the foregoing information about former Zoning Board of Appeals decisions and the information that we presented at our public hearing, that the Board consider our appeal and vote favorably to grant our variance. I thank you in advance for your continued consideration in this matter. If you should have any questions about the enclosed information or the project in general, please do not hesitate to contact me. Thank you! Gerard E. Meyer, AIA Cc: Mr. Daniel Buttafuoco • Subj: Re: Butafucco Southold Date: 3/6/2013 1:40:52 P.M. Eastern Standard Time From: GemeyerarchCa)aol.com To: phaeffner@optonline.net Good afternoon Mr. Peter Haeffner of 1080 Kimberly Lane, Southold, NY . Page 1 of 2 bb Thank you for reaching out to me concerning Mr. Daniel Buttafuoco's Board of Appeals case which you have been informed will be heard at a public hearing tomorrow morning. As we discussed earlier today over the telephone, the majority of the project has remained the same as the originally submitted plans & drawings that were partially approved by the Board previously. The Town of Southold Zoning Board of Appeals has approved everything that was previously proposed, except for the finished third floor. The revised drawings for this appeal and the proposed structure will remain to be a two story dwelling, creating a full second floor above the existing house, where a partial second floor currently exists. We are not proposing to construct any additions or alteration closer to the side yards nor towards the water than were previously proposed. This new Board of Appeals petition addresses finishing off a small section of the attic area (now approximately 13 foot by 20 foot, previously it was much larger) with access from there to an outdoor balcony on the water side of the house for an observation deck and bay side viewing. The overall roof line of the house will not be any taller than previously approved, in fact it is a little bit lower. In addition, we have removed all of the previously proposed "dog house" dormers at the attic level and have only one single reverse peak roof where we propose to gain access from the proposed small finished portion of the attic to said outdoor balcony. As we further discussed, I understand that you are OK with this proposed plan as long as it does not encroach further towards the side property line, closer to the water or has a higher roof line than previously stated. Thank you again for your phone call, your time and your concern. Gerry Meyer Gerard E. Meyer, Architect 14 Covert Avenue Stewart Manor, New York 11530-2219 (516)437-7350 gemeyerarch(a),aol.com In a message dated 3/6/2013 9:12:14 A.M. Eastem Standard Time, phaeffner@optonline.net writes: I live opposite the Butafucco house on Kimberly lane Had no objection to prior design submission... which I understand was turned down by Zoning Bd I have been in Fla for the winter and just learned of new hearing scheduled for Thurs I would like a description of what is being requested... to determine if i will have comments Wednesday, March 06, 2013 AOL: Gemeyerarch Page 2 of 2 I understand the issue is a 3rd floor Generally i have no problem, unless the scope of the design has changed and creates too massive a structure I would be very outspoken should side yards and other setbacks be reduced Please forward comments or sketches, or call to discuss Thank You Peter C haeffner tel 516 359 3668 Wednesday, March 06, 2013 AOL: Gemeyerarch -\I- �UERARD E. MEYER, 14 COVERT AVENUE, STEWART MANOR, 516-437-7350 � ARCHITECT NEW YORK 11530-2219 gemeyerarch@aol.com 4 February, 2013 Zoning Board of Appeals 4 b 6,;o Attn: Ms. Vicki Toth vicki.toth@town.southold.ny.us RECEIVED Town of Southold - Southold Town Hall Annex FEB 042013 54375 Main Road Southold, New York 11971 BOARD OF APPEALS RE: ZBA File#6620 - Shamgar Capitol, LLC Proposed Additions & Alterations to the Buttafuoco Residence at: 1165 Kimberly Lane, Southold, NY Dear Zoning Board of Appeals: We respectfully request an adjournment from the February 7, 2013 scheduled Zoning Board of Appeals hearing for the above referenced project. Unfortunately, we never received the Notice of Hearing informing us of the date of our hearing. Being that we had not received that notice, we did not mail out the required Notice of Hearing to the neighbors and interested parties, as required by the Board's by-laws. We therefore respectfully request that we be adjourned from the February 7, 2013 hearing and scheduled to appear before the Zoning Board of Appeals at the next possible hearing date. We apologize for this mishap and we thank you in advance for your assistance in the matter. If you should have any questions about the enclosed information or the project in general, please do not hesitate to contact me. Thank you! Gerard E. Meyer, AIA Cc: Dan Buttafuoco/Shamgar Capitol, LLC 0 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net • 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 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. MARCH 7,2013: 10:00 A.M. - SHAMGAR CAPITAL. LLC (DANIEL BUTTAFUOCO) #6620 — (Adj. from February 7, 2013) Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: 1) more than the code required number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY. SCTM#1000-70-13-20.7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&Town.Southold. nv. us Dated: February 7, 2013 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of SHA%MGAR DAPI TA t_/LLc iDA.NtEL 127 CT' .i=uoco' IM&F--) (Name of Applicants) SCTM Parcel # 1000-16- 1,3- Z01'7 COUNTY OF SUFFOLK STATE OF NEW YORK AFFIDAVIT OF MAILINGS I, f�EK✓�1?lj E. �G't't- residing at 14 CoVECZr AV&,sipjofz�t�l New York, being duly sworn, deposes and says that: 1153ay On the l S day of fb0Wkt6tzy , 2013, I personally mailed at the United States Post Office in Scutt�fOt,D , 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 ( ) County Real Property Office for every property which abuts and is across a public r private street, or vehicular right-of-way of record, surroundingt licant' r Y. o (Signature) - l�Sworn to be a me this 5 day of i/ CIAT, 20 ) 3 (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. CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk County Commission Expires April 19, ?_'0 11 ru r7 0 r• U.S. Postal Service., CERTIFIED MAIL.,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com; ru Postage $ $0•46 Dangled Fee $3.10 r'm�� M Postmark 2-f- 3 ReturnReceiptRequired) Fee $2.5.16 ( Fe Here O (Endorsement Requiretl) i F Restricted Delivery Fee J�' (Endorsement Required) $0.00Iq •! O C3 $6.11 Total Postage &Fees $ 02!16/2013 ri fU Senf To .- I-q�ENI�lS Elf `( Stteat,APf:%Jo______________._.__..___. M1 or PO Box No. __________________________________ City, State ZIP+fgA�� ____________ �• v''rv�t�t- �� N � ( ■ Complete items 1, 2, and 3. Also 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 mailpiece, or on the front if space permits. 1. Article Addressed to: FAA -7 (✓ FOaTJ�7Z � PDD l►-�C�ar.� �E�D l� 583 Postal Postal See '^er., C3 D CERTIFIED (Domestic MAIL,.? D. Is delivery address d' horn Item 17 ❑ Yes CERTIFIED [3 No Coverage ri ..oru I tl l $ ' a Cc C3 Return Receipt Fee (Domestic Mail Only; No Insurance Postage S $O.% ,F, 0M M CenKed Fee $3. O.r 77 , �Return Receipt Fee (Endorsement Required) $2. EB 7 J �rartc O 0 RestDelivery Fee (EndorsementRequired) $Q, Here ri website at www.usps.com. / ED Total Postage &Fees $ $6.11 �isrxcl Z ru r7 0 r• U.S. Postal Service., CERTIFIED MAIL.,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com; ru Postage $ $0•46 Dangled Fee $3.10 r'm�� M Postmark 2-f- 3 ReturnReceiptRequired) Fee $2.5.16 ( Fe Here O (Endorsement Requiretl) i F Restricted Delivery Fee J�' (Endorsement Required) $0.00Iq •! O C3 $6.11 Total Postage &Fees $ 02!16/2013 ri fU Senf To .- I-q�ENI�lS Elf `( Stteat,APf:%Jo______________._.__..___. M1 or PO Box No. __________________________________ City, State ZIP+fgA�� ____________ �• v''rv�t�t- �� N � ( ■ Complete items 1, 2, and 3. Also 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 mailpiece, or on the front if space permits. 1. Article Addressed to: FAA -7 (✓ FOaTJ�7Z � PDD l►-�C�ar.� �E�D l� 583 -0 1 . . I .. n flJ Postage $ $0.46 0911 ..11 M Certified Fee $3.10 FEF 1 C3 Retum Receipt Fee Here C3 (Endorsement Required) $2.66 r3 Resrcted De"Very Fee $0.00JJ/ C3 (Endorsement Required) O Total Postage & Fees $ $6.11 02/16/2013 r'i ru ant To c strea4Av�No:; p� 'II� Pr POBox Nn. L. Ciry, Stare, ZlRr4 :rr rr. flI'CJ Postal CERTIFIED MAILT. RECEIPT m (Domestic Mail Only,"No insurance Coverage Provided) CO M uT ........._J.... . . a a U.S. Postal See '^er., $ �' ru Postage D. Is delivery address d' horn Item 17 ❑ Yes CERTIFIED [3 No iv,AILT.; RECEIPT 3. Service Type l $ ' a $2. C3 Return Receipt Fee (Domestic Mail Only; No Insurance Coverage C3 Restricted Delivery Fee Provided) $0.00 C3 (Endorsement Required) $6.11 $ C3 Total Postage & Fees r:l For delivery information visit our website at www.usps.com. or O GP<Wet�f'vN ___...__ DtyB�te,ZPr4 Z�©hctk3� �-1 lings PS Fori� ,r ,r. -0 1 . . I .. n flJ Postage $ $0.46 0911 ..11 M Certified Fee $3.10 FEF 1 C3 Retum Receipt Fee Here C3 (Endorsement Required) $2.66 r3 Resrcted De"Very Fee $0.00JJ/ C3 (Endorsement Required) O Total Postage & Fees $ $6.11 02/16/2013 r'i ru ant To c strea4Av�No:; p� 'II� Pr POBox Nn. L. Ciry, Stare, ZlRr4 :rr rr. flI'CJ Postal CERTIFIED MAILT. RECEIPT m (Domestic Mail Only,"No insurance Coverage Provided) CO M uT ........._J.... . . a a A Signature ❑ Agent ❑ Addressee / $ �' ru Postage D. Is delivery address d' horn Item 17 ❑ Yes Certified Fee [3 No $3.1 M 3. Service Type l $ ' a $2. C3 Return Receipt Fee W.rk C3 (Endorsement Required) 4. Restricted Delivery? (Extra tee) C3 Restricted Delivery Fee , $0.00 C3 (Endorsement Required) $6.11 $ C3 Total Postage & Fees r:l ru nt To r�,c� /vL, FOOTtErL rR____________ .` ________________________ __ _ street,/� r�—�� _` T./ ---�y ` r No.� " or O GP<Wet�f'vN ___...__ DtyB�te,ZPr4 Z�©hctk3� �-1 lings PS Fori� ,r ,r. A Signature ❑ Agent ❑ Addressee / b eived by (PiYnted ypme) C. Date of Delivery p 1 /J it GL D. Is delivery address d' horn Item 17 ❑ Yes If YES, enter delivery address below: [3 No f � 3. Service Type Certified Mail 13 Express Mail ❑ Registered O Return Receipt for. Merchandise ❑ Insured Mail 13 C.O.D. 4. Restricted Delivery? (Extra tee) ❑ Yes 2. Article Number (Transfer from service label) —701Z tc)tD b003 Co2gi:2D 5383 PS Form 3811, February 2004 Domestic Return Receipt 102595 -M -M-1540 The following is theist of names and addresses of all property owners requiring notification for the Town of Southold Zoning Board of Appeals case for: Variance Petition for the Proposed Additions & Alterations at: SHAMGAR CAPITAL, LLC/Daniel Butta£uoco, Mgr 1165 Kimberly Lane, Southold, NY - SCTM#1000-70-13-20.7 SCTM #100-70-13-20.6 Howard Davidoff 8 Terrace Drive Port Washington, New York 11050 SCTM #100-70-13-20.8 Dennis Henchy 22 Pembroke Drive North Massapequa, New York 11758 SCTM #100-70-13-20.14 Peter Haeffner 1080 Kimberly Lane Southold, New York 11971 SCTM #100-70-13-20.13 Paul Poster 8 Paddington Road Scarsdale, New York 10583 4(�OG—'oz a E TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of 514AMCfA-tz LLC - C CJPAN tC—L. ?:)uTfAF-OoC� OA6EE ) (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000-70- (',-2v;7 COUNTY OF SUFFOLK) STATE OF NEW YORK) 9 AFFIDAVIT OF POSTING I, GE[&2tD 0. tyle'-[G�Z4 CZA _ residing at A cW ep- AlipJUE3 �' L> � WAf-) Ott , New York, being duly sworn, depose and say that: On the 21 day of201'x, 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 date of the subject hearing date, which hearing date was shown to be 6tAP- t -712-0(5 (Signatur Sworn to bo e me this Q-74 Day of Fc httaA�L2012, CONNIE BUNCH >tiP Notary Public, State of New York No. 0181J6185050 (Notary Public) Quaiifie6 in Suffolk County Commission Expires Alit 1'i, 2 dlL * near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 ZONING BOARD OF MAILING ADDRESS and PLACE OF HEARINGS P.O. Box 1179 Southold, • �6a1v APPEALS 53095 Main Road, Town Hall Building, 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 February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 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 February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), 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 February 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 27th: 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 March 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SHAIVIGAR CAPITAL, LLC SCTM # : 1000-70-13-20.7 vaRiaNce: NUMBER OF STORIES REQUEST; 3RD STORY ADDITION DATE: THURS., MARCH 7, 2013 F . Teewl] 10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 SURVEY OF LOT -1 MAP OF "PARADISE BY THE BAY" FILED NOV. 4, 19"16 FILE NO. 6463 51TUATE: SOUTHOLD TOWN: SOUTHOLD 5U1=EOLK GOUNTY, NY SURVEYED 6-12-2010 AMENDED I0-05-2010 SUFFOLK COUNTY TAX % 1000--10-13-203 CERTTFMD TO: DANM L HYT1I PAFUCCO LOT 14 LOT 13 NOTES: Area = 52,315 5. F. Area = 1.2011 Acres I� I I I 0 LOT 6 N84°22WT, LOT b 6RAPHIO SCALE"= 30' O 30 FSO 90 (RECEIVED DEC 12 2012 BOARD OF APPEALS N WE s .."x22 In- c� A 0 . JOHNC. EHLERS LAND SURVEYOR 6 LAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.—O:\Documents and Settiugs\Owner\My Docu nts\My Dropbox\10\10-160.pm 1 0 0 #11080 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 211t day of February, 2013. Principal Clerk 1 l/ Sworn to before me this i day of i'� 2013. LEGAL NOTICE SOUTHOLDTOWN ZONING BOARD OF APPEALS THURSDAY MARCH 7, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY MARCH 7.2013; 26MA.M. - LAURA YANTSOS #IMM - Request for Variances from Ar- ticle XXII Code Section 280-116B and Article XXIII Code Section 280424 and the Building Inspector's October 10, 2012, updated January 3, 2013 Notice of Disapproval based on an application for building permit for additions and altera- tions to existing single family dwelling at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code re- quired minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) less than the code required front yard setback of 35 feet, located at: 3455 Bayshore Road (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-6-11 1400 A M - SHAMCAR CAPI- TAL -LLC (DANIEL B TTA O O) #6620 - (Adj. from February 7, 2013) Re- quest for Variance from Article III Sec- tion 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building per- mit for construction of a third story ad- dition at: l) more than the code required number of stories of 2112, located at 1165 Kimberly Lane (adj. to Southold Bay) Southold, NY. SCTM#1000-70-13- 20.7 14.20 A.M.- HARBOR VI W FARM. LLC it B HANDS 06M - Request for Variance from Chapter 72, Article II, 72-5 (B), 72-6 (1 & 3) and the Building Inspector's October 17, 2012, updated January 8, 2013 Notice of Dis- approval hased on an application fill building permit to convert a portion of an existing barn it, a farm stand, at: 1) less than the code required setback of 50 feel frrnn the road, 2) the criteria of bona fide agricultural production has lot been shown, located at: 5000 Cox Lane, Cu- tchogue. NY. SCTM#1000-96-2-10.1 10.40 A M - GEORGE and LISA HAASE #6626 - Applicant request a Special Exception under Section 280- 136(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, ac- cessory and incidental to the residential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Location of Prop- erty: 580 Skunk Lane Cutchogue, NY SCTM#1000-97-3-11.6 11:00 A,M- - BIT PROPERTIES LLC -#6633 - Request for Variance from Article XXII Code Section 280-116(8) based on an application for building per- mit and the Building Inspector's Febru- ary 5, 2013 Notice of Disapproval con- cerning a permit for a 12'X8" accessory shed, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-111-15-12 UL cARS - Request for Vari- ances from Article XXII Code Section 280-116A(1) and Article III Code Sec tion 280-15 and the Building Inspector's January 24, 2013 Notice of Disapproval based on an application for building permit for an accessory in -ground pool; 1) top of bluff set back of less than the code required 100 feet, 2) location other than the code permitted front yard on waterfront property or rear yard, locat- ed at: 135 Soundview Road (adj. to Long Island Sound) Orient, NY. SCTM#1000- 15-3-3 11:50 A M - GEORGE LIKOKAS #6632 - This is a request for a Waiver of Merger under Article II, Section 280-10A, to unmerge land identified as SCTM #1000-31-3-23, based on the Building Inspector's February 1, 2013 Notice of Disapproval, which states ad- joining conforming or nonconforming lots held in common ownership shall Qc RI TINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01 V061050S. QuOliflBd in Suffolk County My Commission Expires February 28, 2016 merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Resi- dential Zone District) this lot is merged with lots 1000-31-3-10 and 1000-31-3-9, located at: 9775 Main Road aka State Route 25 (corner Stars Road), 425 Stars Road (Lot 10) and 455 Stars Road (Lot 9), East Marion. NY. SCTM #'s - 1000- 31-3-23,10,9 1.15 P.M. - DANIEL MAHONEY #6628 - Request for Variance from Ar- ticle XXIII Section 280-124 and the Building Inspector's November 13, 2012 Notice of Disapproval based on an ap- plication for building permit for partial demolition and construction of a new single family dwelling: 1) less than the code required front yard setback of 35 feet, 2) less than the code required mini- mum side yard setback of 10 feet, located at: 3930 Stillwater Avenue (corner Track Avenue) Cutchogue, NY. SCTM#1000- 137-1-10 1:40 P.M. - RAYMOND STRONG. 116629 - Request for Variance from Ar- ticle III Code Section 280-15 and the Building Inspector's January 10, 2013 Notice of Disapproval based on an ap- plication for building permit for an ac- cessory in -ground pool; l) location other than the code permitted front yard on waterfront property or rear yard, lo- cated at: 2205 Bayview Avenue (adj. to Arshamomoque Pond) Southold, NY. SCTM#1000-52-5-2 200 EM - VICKI TOTH #6627 -Ap- plicant request a Special Exception un- der Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Break- fast, accessory and incidental to the resi- dential occupancy in this single-family dwelling, with three (3) bedrooms for lodging and serving of breakfast to the B&B casual, transient roomers. Loca- tion of Property: 425 Jacobs Lane (cor- ner Main Bayview Road) Southold, NY. SCTM#1000-88-1-1.5 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki 1bth Town n dh Id .us. Dated: February 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 11,080-1 T 2/21 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider Of SOUT�o� • S http://southoldtown.northfork.net • 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 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: 11:00 A.M. - SHAMGAR CAPITAL, LLC (DANIEL BUTTAFUOCO) #6620 - Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: 1) more than the code required number of stories of 21/2, located at: 1165 Kimberly Lane ( adj. to Southold Bay) Southold, NY. SCTM#1000-70-13-20.7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothoTown.Southold.nv. us Dated: January 8, 2013 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 • 0 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SHAIVIGAR CAPITAL, LLC SCTM # : 7000-70-13-20.7 vaRiaNce: NUMBER OF STORIES REQUEST: Id STORY ADDITION DATE: TH U RS., FEB. 79 2013 11:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD 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 1 week(s), successfully commencing on the 24th day of January, 2013. Principal Clerk L Sworn to before me this !_ day of r— 2013. LEGAL NOTICE i SOUTHOLD TOWN ZONING Daft A.M. - MMMM BEER LLC. - BOARD OF APPEALS #6621 - Request for Variance from Ar - THURSDAY FEBRUARY 7, 2013 title XI Section 280-47 and the Building PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, per. Sunni to Section 267 of the Town Law Inspector's December 12, 2012 Notice of Disapproval based on an application for building permit for demolition - I and Town Code Chapter 280 (Zoning), Town and re- construction of a of an existing 1 I, �, of Southold, the following public hear. portion commercial building at: 1) less than the .1/� CHRISTINA VOLIN K ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- code required front yard setback of 100 feet, located at: 42155 Main Road aka NOTARY PUBLIC -STATE OF NEW YORK PEALS at the Town Hall, 53095 Main State Route 25 (corner Peconic Lane) No. 01V06105050 Road, P.O. Box 1179, Southold, New Peconic, NY. SCTM#1000-75-1-14 quali;ied In Suffolk County York 11971-0959, on THURSDAY FEB- 11:40 A.M. - PETER and TERESA RUARY 7,201 BENOTTI - #6623 - Requests for Vmi- My Commission Expires February 20. 2016 10:00 A.M.- NEW UFFO K WA antes under Sections 280.105 11 (A and TERFRONT FUND INC #6617 — B), based on the Building Inspector's ball. from PH 1/3/13) Request for Spe- November 15, 2012 Notice of Disap- cial Exception per Article XIII Section proval concerning "as built" 5 foot high 280-55 (B) 1 to operate a restaurant in a fence and "as built" 8 foot high deer Marine 11 (Mill District, located at: 650 fence around a single family dwelling, First Street (corner Jackson Street, Main at: l) fence height at more than the code Street) (adj. to Outchogue Harbor) New permitted four feet in height when to - Suffolk, NY. SCTM#1000-117-8-18 cated in a front yard, 2) fence height at LlhA5 A.M.-ROBERTHDBy #6624 more than the code permitted 6'k feet - Request for Variance from Article III in height when located in the side and Code Section 280.15 and the Building rear yards, at 930 Clearview Road, (adj. Inspector's November 2, 2012, Updated to Cedar Beach Harbor) Southold; CCM The Board of Appeals will hear all January 3, 2013 Notice of Disapproval based on an application for building 1000-89-3-11.4 1:00 P.M. - BREEZY SHORES persons or Wer representatives, desir,. Permit for an, accessory two our garage COMMUNITY. INC. (NAOMf Ing to be heard at each hearing, and/or desiring to subedt written steteahents with shed and loft, at; accessory build- MAN) - #6622 - Request for Variances before the conclusion of each hearing, ing is proposed in a location other than from Article XXIII Code Section 280- Each hearing will not start earlier then the code required rear yard, located at: 123, Article XXII Section 280-116 (B) designated above 141" are available for Private Road (akaTreasure Pond Road) and the Building Inspector's October review during regular basiners hours and Off East End Road Fishers Island, NY. 22, 2012 Notice of Disapproval based prior to the day of the hearing. if you SCTM#1000-8-2-4 on an application for building permit for haveuestio q ns, please our office MN A.M. - CL BUT AR CAPI- TAG LLC (DANIEL B additions and alterations to a seasonal by eara at, (631) 765.1809, or by email: Vicki. A_Pf OCOI CO) cottage at; 1) a nonconforming building TothOTown.Southo 06620 -Request for Variance from Ar- containing a nonconforming use shall not Dated: January 4,2013 title III Scction 280-14 and the Build- be enlarged, reconstructed, structurally ZONING BOARD OF APPEALS ing Inspector's October 21, 2012 Notice of Disapproval based on an application altered or moved, unless such building is 2) less LESLIE KANES WEISMAN, CHAIR - for building permit for construction of changed to a conforming use, than the code required bulkhead setback of PERSON BY: Vicki Toth a third story addition at: 1) more than the code required number 75 feet, located at: #11 Breezy Shores 54375 Main Road (Office Loration) of stories of 21/2, located at: 1165 Kimberly Lane Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to 53095 Main Road (Mailing/USPS) P.O. Box 1179 ( adj. to Southold Bay) Southold, NY. SCTM#1000-70-13-20.7 Shelter Island Sound) Greenport, NY. Southold, NY 11971.0959 SCTM#1000-53-5-126 11030 -IT 1/24 • • (foo 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 2013 Hearing Dear Sir or Madam: 55 -Public Notices for Thursday, February 7, 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 all 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 anv letter is returned to you undeliverable. you are reauesterl to make nthPr attemnts to 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 Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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 Ends. 0 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norLhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 December 17, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6620 Shamgar Capital, LLC Dear Mark: 0 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 1 197 1-0959 1000-70-13-20.7 We have received an application for construction of a 3rd floor addition. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, EnCI 5 . 0 0 Office Location: OF $Q�ryo Mailing Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) # P.O. Box 1179 Southold, NY 11971 • O Southold, NY 1 197 1-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 17. 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6620 Owner/Applicant : Shamgar Capital, LLC Action Requested: Construction of a 3rd floor addition. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Les ZBE Encls. w - A41, FRONT ELEVATION o, krro�A 10 L ,NMI all In Ills1 — Iilli .. 1!5RvaI ou .. � drl tial to yrs IYrI • � ■■S' I9I tin 7■ in nI "Y I`R t jjn' IRIInlu �11' n Iiu IG IO r I' j�n IJ le In I"� ip�lt7��pI�� t 1 .m ©... - ■. �Ii�u1l'0'.-•:'MI a, OI III 11 III III 1lpl�f lil lld Il m II (3�p�. °' I'ill'IRIHNN4111'YIIfI@f_IIII'IIII�III, uoln �lp �plBUlulm �I'�ili�l�ill� ll'tll'lili �lil Ill 'i iS�r� tae•.. ,1 i -I L1 ,I II Ili I I, I RIGHT SIM ELEVATION I LEFT Vor; ELiswenoN {{{yyy ?r�ee4 Resie<roe vo. FICM ✓+RIbHT •'��: DENNIS 6 ANN NENGHY cr Z SNNob g �W o .�-✓1''-leo' ar. 91�Mq�GH 2ao9 Win. pa. �u muw.v �.y ='.d ".id . Fol RIGIIA yWyIGwT DENN15 d ANN HENCH+Y c r 1 I w. l r I nit �I �a LI w q _ I, 9EGTION G-G ly Ir r I I -� Fc 11O P1�7i O�PCO CgLGS . 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Y. to tie [ule PALE WW MARSE 1000-70-06-09 LOT COVERAGEl9 SgJ119016 •70.2% era sR WATER N PALE MM'YOe SCALE: I"=30' .qg4 1T COARSE SANG sw MAY f7 2005 .NAE n, MO As1waa 4a1 yAkCONALO GEOSC/LNG fI !� 2�G /1E+ ',Se locations o/ weds and cesspool, shown hereon are from field oDserlal/ans A/YE I1,EOOW aSENSdM pnplw— , p and or /ram dafa eblAincd from others. IMV ZZ WYY B YPBW If➢wc RA'R 20, P009 NTR. ISEAENTJ .-1-- I am Im Wor with the STANDAROS FOR APPROVAL MAY T EvArov JAN 2T, ZWO 194sEAENEL �� AND CONSTRUCTION OF SUBSURFACE SEWAGE AAE N, ENO 1RW DISPOSAL SYSTEMS FOR S/NGLE FAMLY RESIDENCES eW aM A.R aMda by /M cMwims, Sal Iall, Aigm and on f91 perMl to conahoet. �L oDG pieNei %R.°M F4t e 34d o -p co14r G �/♦/1F ANY ALTERATION CA AOIXTON TO THIS BLAVEY M A VIOLATION OF SECTRM 7209 OF THE HEW TORR STATE Fro" LAW. _RCEPT AS PER SECTION TM - SA.BONIBON E. ALL TIONS REREON ARE VALL FOR THIS NAP AND COM THLE GLY E CAL YAP OR COPES BEAR THE MRFRSm SEK OF THE SUAVE w .HOSE MRATIAE APPEARS HEREOIL A001TIONALLY TO COMPLY EMyLAT.TEHI' KTEAFD By MUST BF. USED By ANT ANO AL .SWVETORB MLI" A CWT OF AypTHEA SLI9VEYOR'S . It zq - NSPECTFD - ML BROfxi1T - TO -DATE ' NO M GCYNWIGE WmA THE IAW. A • STARE i T c LJ 'ar -,--w STREET 11971 1\ 3`f()I-J IS 6 IL LU U wi.fo -11f.f[ r[wx. 1 1... i.i-. .—I nl.[. "OP W SEP 3 tial rtunm vfur[�caoc ' uee ovf (n � m�fawuue i U c[aca�oorns gj �; U Y r I � unx n[ i .�f� _ I I _ dr • q fi,a.rmfrtoa -- QF NEWez Ifrz[[.ivc rtx[m[ .�� f9C � CI qP1 y�KpJ. 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VH / fIREOMNIpFR ' 4 1 ✓w §gIOFR SEAovlodf% ; j - piREM Y/Vf I.QS.AO.�Yia yT M0. f'I .SLI YAR WAY�� f N .�e+.wa YAI. R.YIYe ��o sa aly�w .g= zs �f 4 E PUX & CRAWFORD A R C H I T E C 1 U R E20B FR'LH AYE.VIE NEW YORK INB$'_YORK 1-030 12]27 603-" e. F �KELLY --� I iININICI All IITP_A, OC."'; L L" q J ✓`�44u;'�.. .� ...,,... � \Nf� ?:� '��:.F �.1er<-cti w.'_t �G_'I:;..s W'M w ASR r-. Lrw i •-� � M wYc pr •N'w WWIa �-�T. • .e srnr.cw \ aa. fiM FXG C occt NCE' u. + +a 1. VH / fIREOMNIpFR ' 4 1 ✓w §gIOFR SEAovlodf% ; j f'I .SLI YAR WAY�� .�e+.wa YAI. R.YIYe ,r. �f 4 E PUX & CRAWFORD A R C H I T E C 1 U R E20B FR'LH AYE.VIE NEW YORK INB$'_YORK 1-030 12]27 603-" e. F �KELLY --� I iININICI All IITP_A, OC."'; L L" q J ✓`�44u;'�.. .� ...,,... � \Nf� ?:� '��:.F �.1er<-cti w.'_t �G_'I:;..s W'M w ASR r-. Lrw i •-� � M wYc pr •N'w WWIa �-�T. • .e srnr.cw \ aa. �f 4 E PUX & CRAWFORD A R C H I T E C 1 U R E20B FR'LH AYE.VIE NEW YORK INB$'_YORK 1-030 12]27 603-" e. F �KELLY --� I iININICI All IITP_A, OC."'; L L" q J ✓`�44u;'�.. .� ...,,... � \Nf� ?:� '��:.F �.1er<-cti w.'_t �G_'I:;..s W'M w ASR r-. Lrw i BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Horning Ken Schneider March 22, 2013 SO(/r�o� �!'Yf"OIIIrtV _F"� http://southoldtown.northfork.net 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Gerard E. Meyer, Architect 14 Covert Avenue Stewart Manor, NY 11530-2219 RE: ZBA Application #6620 — Shamgar Capital, LLC Dear Mr. Meyer: Transmitted for your records is a copy of the Board's March 21, 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 Encl. Cc: Building Dept. SEE SEG ND M I-ME z-- ---- 34 M. 3870 lb T. 41 Z40 is IAAW w 19 is 000 ski a-IrylC6-p 1 4,J I, L C + 0 ZI21 A q0 ;Lo. 13 II k till, 10 1 SOUTHOLD 'DAT MY ,AS C w 'is It 13 m 45 511 30 No. SEEWC NO g 59 NOTICE COUNTY OF SUFFOLK K SOUTHOLD SECTION NO Real Property Tax Service AgenCy E As wu 70 A ostNn1000 PROPERTY IMP manMOMMMOM P