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a ~ s!~ ~,~~Pas~~ Cc~.~srRxi ~a~ a~ s,~~ ARC s8 ~ 9.7 -r /a~A~, s~~ ~~~~/i3 sa a~ 9' xx~~i s~~ a~a -ia~~ P~F r ~l3 ~ ~"ppr°v-ad 3 p~ . /3 S7 o S ~~t ~ ~ ~ ~2- ~f/ 7~i~ ~87 ~f( ~ ~50o r 9~Za~c~l ~6G• - BOARD MEMBERS O f SOUL Southold Town HaII Leslie Kanes Weisman, Chairperson O~~ y~l 53095 Main Road • P.O. Box 1179 Eric Dantes ~ O Southold, NY 11971-0959 *t Office Location: Gerard P. Goehringer H ~ Town Annex !First Floor, Capital One Bank George Horning ~O • AA~p~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~/'COU~ ~`t,` Southold, NY 11971 ht[p://sou[holdtown.northfork_net R CE VED ZONING BOARD OF APPEALS ~ TOWN OF SOUTHOLD ~~rr~"""' Tel. (631) 765-1809 • Fax (631) 765-9064 Sou hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 ZBA FILE: 6665 NAME OF APPLICANT: Dina Masso PROPERTY LOCATION: 5705 Nassau Point Rd, Cutchogue, NY SCTM# 1000-11 1-]3-04 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 [he Suffolk County Admtmstrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 24, 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 June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION The subject parcel is 33,799 square feet in an R-40 District. The parcel fronts Nassau Point Road for 100.48 feet, has a northern property line of 349.42 feet, a southern property line of 327.38 feet and is waterfront on the Little Peconic Bay along a Tie Line of 100.49 feet. The parcel is improved with a I Story Frame House, a bulkhead, decks, wood stairs with landings from the top of the bluff to the bulkhead. All as shown on the "Survey of Property" prepared by John Metzger, L.S., dated October 25, 2012, last revised May 14, 2013 (revision) BASS OF APPLICATION: Request for Variance from Article XXllI Section 280-124 and the Building Inspector's May 3, 2013, amended May 16, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required total side yard setbacks of 35 feet, located at: 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-13-4 RELIEF REQUESTED: The applicant requests a variance to construct an addition to the dwelling which will result in a 29.9 foot Total Side Yard where the Code requires 35 feet. FINDINGS OF FACT/ REASONS FOR BOARD ACTION Pagc 2 of 3 -July 25, 2013 7.BA#6665 - Masso SCTM# 1000-III -13-4 The Zoning Board of Appeals held a public hearing on this application on July 11, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(31(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 addition will be constructed with the same style of architecture and materials, which is in character of this neighborhood. The side yard setback of the proposed construction is proposed at 19.7 feet, which is greater than the code required single side yard setback of 15 feet, which should mitigate any detriment to the adjoining property owner. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant desires to expand the existing Kitchen and Den, which expansions/additions are only feasibly constructed in their proposed locations. 3. Town Law &267-b(3)(bl(3). The variance granted herein is mathematically substantial, representing a 15% relief from the code. However, in the area of the proposed addition, the applicant will be removing an existing deck which has an existing 15 foot side yard setback which is more nonconforming than what the applicant proposes. The proposed addition will have a 19.7 foot side yard setback and will bring the parcel into more conformance with the Code required Total Side Yard. 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. 5. Town Law &267-b(31(b)(51. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an addition to the dwelling, 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 Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Survey of Property, prepared by John Metzger, L.S., dated October 25, 2012, last revised May ]4, 2013 (revision), and the architectural drawing sheets A-100 and A-IOI, prepared by Meryl Kramer, R.A., dated Masso 04/05/2013. Any deviation from the survey, site plan and/or architecturad drawings cited in this decision wild 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. Page 3 of 3 -July 25, 2013 ZBAN6665 - Masso SCTM#1000-I I1-13-4 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), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted (5-0). ~'~l(~~ t s~~ Leslie Kanes Weisman, Chairperson Approved for filing r//3o /2013 LOT COVERAGE SURVEY OF PROPERTY N AT CUTCHOGUE EXISTING TOWN OF SOUTHOLD HOUSE, BLDG, DECKS & FATIO SUFFOLK COUNTY, N. Y. 3,112 / 33,799 x 100=9.2~ 1000-111-13-04 PROPOSED SCALE.• 1'=30' ADDITION 187 SQ. FT. OCTOBER 25, 2012 JANUARY 18, 2013 (REVISED PROPOSED ADDITION) DECK TO BE REMOVED -2.24 SO. FT. JANUARY 28, 2013 (REVISION) MAY 4' 20~33(r(Ris oSION & LOT COVERAGE) M ~"¢Ao 3,075 / 33,799 x 100=9.19 NjC $AY N wALL ~ 1.55 ~jt~ P~ 349.42 ~pT 38 T ~ 1 I I I I I° ~n I ' I I I I I I I I ~J I~ ~ I I I i l j j 'Z'~ ~ I$ o Nj8 ~~2p"E ~ ~ E'~`~is ~~sFO noa"°" ~ I I I i i 11 I oeac o Iltn ,ti ,n ~a R I Ku $ -ros ~ ~,OVFpI l i I I R I e O ~ ~ 1 11 worn s\ ANCS Arab a I I III C~~u `I` , O I I i I I I I o, 12. ~ I I \ I I I ~I I I WA ~ t LL I I I II \ II I I'- I° a .J V: pS.O N ~ ~ N O I ~ ~ ~ u S x I ORAtfL OIER ASPHALT •1 I I 2 N o ~I I I I I I I I I ~ \ Y pT 39 0, •s I I I I I I I ,gym A.0' ~ 11.1 N I I I I I 1 ' ~ .r}~/1 /f~i~ Q 15ti 4 / ~ o ~j9.6~ I N a6,51' 4 MAY 19 7013 PaLE ~ -°~~s _ _ ~ BOARD OF APPEALS 70 'o> ~ - - o is O o~ ~~E~a~s LOT NUMBERS REFER TO "AMENDED '+!AP 'A' OF • NASSAU POINT" FILED IN THE SUFFOLK COUNTY ~ ~ ~ 578~~2p"W `p•( 40 CLERK'S OFFICE 0 rl, t~„~~ 1922 AS FILE N0. 156 FINAL MAP~~ ELEVATIONS RE~E ~ ~€D 'f01 REVIEWED Y Z A ~ q_ ¦=MONUMENT '~f SEE DECISIOlN # i .Y. S. LIC. ND. 49618 DATED ~ I ~ ~ ~ ~ ~ ANY AL7ERAnON OR ADUInON TO 7HIS SURVEY lS A yannoN ~ „ _ ~ ~ , ONIC S YORS P. C. AREA°W 799 SQ. ~ sECnaw 72090E THE NEW YORK STA7E EDUCAnON LAW. ~n~ EXCEPT AS PER .51=Cnav 7209-SUBDINSION 2 ALL CERTIFICATIONS ~r' . 4SG'." ,cl 31) 765-5020 FAX (631) 765-1797 TO TIE~LINE HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF aNLY lF v~~%Lgr,~$~'~ .O. BOX 909 SAID MAP OR GoPIES BEAR niE IMPRESSED SEAL OF THE SURVEYAP 1230 TRA I~ELER STREET 87-128 NHOSE SIQVATi/RE APPEARS HEREON. SOUTHOLD, N. Y. 11971 ~a~ m,~,: MwIrM3R 03.OSAl ,.M.... ,.,.,"M a 0 ~ ~ W~ ~ ~ wwpMWpyw,iMON ~ ~ yewf6enaLL WYgew eWIMNYIIeIOM1 TofMWrM MeM STOW T EMWM. iyp - ~ ~ t R. peMrMleayM: wwroesrtewr+ee ~ xwv wM Easl Ekvetbn North Elevation wM Stalal/4••1~-0' - (FINAL MAP ~ n ~3t% REVIEWED BY ZBA o ~ N SEE DECISION 0 ~-T~ DATED2/~/ ~D/~ si.eyaee T.a MnIbM YY f...i M.MT.. 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I FQi ~ A A - II s-2d0' 1Wa:.NI RaxMM eMlea m IL3] g0ar - aEa~s m - ~R~ - n-6s' - FaRw5wMw6ax5unxear. J l e'o• I 4 rvew vnmbrro Arm ^'a~ 00 Merin Ael F *g - /'1 1 Exi t1n 5/ Sbel P % ~ ~30 To fie Rek41e0 Focen A[Mm. 3'O' eaMwcrme ~ ENisting GanHe Partial Plen see 6eMn a/AlaD / 1st Floor Partial Pbn scare: l/a•-3'-0' 2 stele: 3/a'-1'O' I "°°°"w.DSm13 O 2013 Meryt Wainer AmNMm ~,1~2~ ~ r ~ p A j,~ / COUNTY OF SUFFOLK RECEIVED l jy ~ ~ ~tAY 31 2013 ~ ~,'G ` I BOARD OF APPEALS 1 1~,/.~'A/y,~Jp//IV, Steven Bellone 6^~ j SUFFOLK COUNTY EXECUTIVE `I P(1 Department of Economic Development and Planning 11 ~ ~ Joanne Minieri Division of Planning 3t ~lleputy County Executive and Commissioner and Environment 7 n,/ May 24, 2013 Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Ms. Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements ofSections A14-14 thru A 14-25 ofthe 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 orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Abbott, John 6663 Cazbone, Ralph & Lisa 6664 Masso, Dina 6665 Very truly yours, Sarah Lansdale Director of Planning -~C~.~- Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BO% 6100 ~ HAUPPAUGE, NY 11789-0099 ~ (631) 053-5191 \ ~ ONCE IACATION: ~~OF SO(/Ty0 MAILING ADDRESS: \ ~ V ~ Town Hall Annex ,~O l~ P.O. Box 1179 54375 State Route 25 ~ * Southold, NY 11971 ~or. Main Rd. & Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 • a~O Fax: 631765-3136 n OI~COU~ J u\v$\\~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED JUN 2 7 2013 MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 24, 2013 Re Coastal Consistency Review for ZBA File Ref: DINA MASSO #6665 SCTM#1000- 111-13-4 DINA MASSO #6665 -Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3, 2013, amended May 16, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required total side yard setbacks of 35 feet, located at: 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-13-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The proposed action is located with 60' from the top of bluff and not located within the CEHA. ` Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ~ ~ ~ FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MAY Z ~ 2013 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: May 3, 2013 AMENDED: Mav 16, 2013 TO: Meryl Kramer (Masso) PO Box 683 Greenport, NY 11944 Please take notice that your application dated April 19, 2013 For permit for additions and alterations to an existing single family dwelling at Location ofproperty 5705 Nassau Point Road, Cutchoeue, NY County Tax Map No. 1000 -Section 111 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction on anon-conforming 33 799 squaze foot pazcel in the R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states that on lots measuring between 20,000 to 39,999 square feet in total size, a minimum side yard setback of 15 feet and a minimum total side yazd setback of 35 feet is required. The proposed construction notes a single side yard setback of 19.7 feet and a total side e ck of 29.9 feet. Au rued Sign ure Note to Applicant: Any cha eviation to the above referenced application, may require further review by the Southold Town Building Department. Notice amended on May 16, 2013 following the submission of a new survey dated May l4, 2013. Cc: File, ZBA ~(~(~5 PECEIVEL~ i Fee: $ Filed By: Assignment No. Rte. y_ 203 APPLICATION TO THE SOUTHOLD TOWN BOARD OF ~P,~F APPEALS AREA VARIANCE House No.S 1 ~SStreet ~`~~~"y Hamlet ~i~(~{}f1( SCTM 1000 Section ~ ~ Block I?~ Lot(s) G~- Lot Size 33,~~ Zone ~ ~O I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): ~ M~~(j Mailing Address: 5~"C1~j ~ff~SSPcU ~ol+yr cUr~rtasd~ N ~ ?~R35 Telephone: ~ ~ (1120 Fax: Email:_ ~ M AsSS~ Ca ©PTt~N LI (\i G , ni ~T 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: M~IZYL (<RP~N1E~ for ('Owner ( )Other: Address:_ ~0 ~X (oQ3 G2~~ENPf1RT (~l`{ ll`~~}~} Telephone: Q-~}~{~~~3(p Fax: q Qi°l3(p Email:_~°~'~QYyI ~Wlr~-dllGhi lpGt.CaIM 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 DATED and DENIED AN APPLICATION DATED FOR: 'Building Permit ( )Certificate of Occupancy OPre-CertiScate 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 co e. Article: X.X ~ j ( Section• ~ Subsection• Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code, Article Section ( )Reversf~ 1 or Other A prior appeal T}4 has, Ohas not``be~~e"~n made at an time with res ect to this roe , UNDER Appeal No(s). ?J(0'T~r(s). ~ . (Please be sure to research before completing this questio or call our office for assistance) • • ~ECEIVE~~ MAY 1 7 2013 Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparYltJAP~ OF APPEALS signature notarized): ~i~_ ~~/',},~~1~ 1. An undesirable change will not be produced in the CHARACTER oTf tlh~e neighbororva Ide'trimlenJt to neazby properties if granted, because: 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: 3. The amount of relief requested is not substantial because: 4. The vaziance will NOT have an adverse effect or impact on the physical or environmental conditions m the neighborhood or district because: 5. Has the alleged difficulty been self created? { }Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? { }Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signa t of A plicant or Authorized Agent I ..1~-rye (Agent musts rt written Authorization from Owner) Swom to before me this ~ b' day of 20 n ~ p CUNNIE D. BUNCH I~^ ~ l~ U' ~!ote~;y aublic, State of New York ~cT ` ~'v \ No. 018U6185p50 Notary rublic +,t~?:+0fied in Suffolkt,'ounty ~;;rn}e~-~'csion Expires Aprt( tA, 2_~~ ~ ~ ~~~lU~ M E R Y L K R A M E R ~ REC.EIVEC? a r c h i t e c t ~1AY 1 7 ?013 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE REASONS for PROPOSED ADDITION MASSO RESIDENCE SCTM# 1000-111-13-04 1. An undesirable change will not be produced in the CHARACTER of the neighborhood as a result of the proposed work. The proposed addition is a continuation of the existing structure using the same roofing, siding and windows. 2. The benefit sought by this project cannot be achieved without an area variance because the existing side yard is non conforming. Any addition to that side of the house would be non conforming. The applicant would like to enlarge the existing kitchen which is located on the non conforming side of the house. 3. The amount of relief is not substantial. The applicant is requesting a variance of 4.6 feet. 4. The variance will not have an adverse effect on the physical or environmental conditions of the neighborhood. 5. Yes, the difficulty has been self-created. 21S FRONT STREET P.O. BOX 683 GREEN PO RT. NY 11944 631-477-8736 WWW.MKARCHITECT.COM • APPLICANT'S PROJECT DESCRI~ON APPLICANT: D I N A MASS C~ DATE PREPARED: Jr (p 13 I. For Demolition of Existing Building Areas Please describe areas being removed: FLU; /k?'F~D ~VCAnD D~C-~- ON NORT1i gID~ pFtOP~.tZN ^r~d~~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: q ~ ~T 'r{'ji% ~'~'ID~'T p~~T ~2~~U OF AFi~EF,LS Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: rt~~ $~p.?( ~~cN}~. kZ~SIDENI.~ W'r(~t~ nal;l.f I~..rx. ate ~nlZftr- F Number of Floors and Changes WITH Alterations: 'j~{fl S IZY ~Rft~?11: R~SIDENC~ - ~DITI'Of~V bf.i ~ORT1t SIDF IIJ V ftf'd? fZ~ np G~ IV. Calculations of building areas and lot coverage (from surveyor):r Existing square footage of buildings on your prop~e~: ~j'r Proposed increase of building coverage: ~~//~J ~Q~ Square footage of your lot: ~j Percentage of coverage of your lot by building area: b V. Purpose of New Construction: l ~ ~ ~X\S"j-I (~C~ ~'1r(1~'~I~J ~CNj~ DEN 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): N 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. a/2o~z QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION f RECEIVES A. Is the subject premises listed on the real estate market for sale? Yes X No MAY 17 2013 B. Are there any proposals to change or alter land contours? BOARD OF APPEALS _ ( No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? T ~S 2 J Are those areas shown on the survey submitted with this application? YES 3.) Is the property bulk headed between the wetlands area and the upland building area? ~f-~ 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination ofjurisdiction? YES Please confirm status of your inquiry or application with the Trustees: ~}Z~1T' 1SSU~D 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?_~Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?~~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 pazcel?~(7 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel n ~ ~~S 1 ~1?trr~~~ p and the proposed use 3I ~1~~~i°rlvlll~ ~~GNGG . (ex: existrt~g single family, proposed: same with garage, pool or other) Aut or e s gnature and Date RECEI~/F~ AGRICULTURAL DATA STATEMENT MqY 17 2013 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be comp/eted by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricuhural district OR within 500 feet oja farm operation located in an agricultural district A[I applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with SectionA 239m an~dn239n ojthe AGeneral Municipal Law. 1. Name of Applicant: lY 1~i}~~~. Ftyyw~~f'~ /acc~~i Q 2. Address of Applicant: ~ (ZI , t l~i 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Pro osed t- Project: ~?~OlhS i{ LiXIST ~~1~>Ar~n N~V~i ,S') 1/~ 1 S1~_f~JZI T10 6. Location of Prope (road and Tax map number) 5~-p'~ f`1~SAl{ P01NT FZ~ y(',U1-C~t1UC~Ui? I~70 -I{ I -i1J-G4 7. Is the parcel within 500 feet of a farm opera n? { }Yes ' No 8. Is this pazcel actively farmed? { }Yes ~No 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 1. 2. 3. 4. 5. 6. (Please use the back of [his page if there are additional property owners) Signature I pli~ n Date Note: 1. The local Board will solicit comments from [he owners of land identified above in order to consider the effect of the proposed action on [heir farm operation. Solicitations will be made by supplying a copy of this statanen[. 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 [o [he property owners identified above. The cost for mailing shall be paid by [he Applicant at the time the application is submitted for review. 6nzo Appendix C State Environmental Quality Review ~ SHORT ENVIRONMENTAL ASSESSMENT FORM~~~ For UNLISTED ACTIONS Only ~?E~EIV~~'~ PART I -PROJECT INFORMATION o be tom leted b A licant or Pro'ect S onsor 1. APPLICANT/SPONSOR 2. PROJECT NAME MAY 1 7 2013 MERYL KRAMER MASSO RESIDENCE 3. PROJECT LOCATION: BUAtt L) C)F APPEALS Muniapality CUTCHOGUE County SUFFOLK 4. PRECISE LOCATION (Street atldress and roatl intersections, prominent landmarks, e[c., or provide map) 5705 NASSAU POINT ROAD 5. PROPOSED ACTION IS: New O Expansion ©Modificationlalterelion 6. DESCRIBE PROJECT BRIEFLY: REMOVE EXISTING ELEVATED DECK. NEW ELEVATED FIRST FLOOR ADDITION 7. AMOUNT OF LAND AFFECTED: Indialy .Ol acres Ultimately .Ul acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Ves ~ No If No, descdbe briefly ADDITION EXTENDS INTO REQUIRED SIDEYARD SETBACK 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industdel ~ Commerdal ~ Agriculture ~ Park/FOrest/Open Space ~ Olher Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANV OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? © Yes ~ No If Yes, list agency(s) name antl permit/approvals: SOUTHOLD TOWN TRUSTEES 11. DOES ANV ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No If Yes, list agency(s) name and permif/approvals: SOUTHOLD TOWN TRUSTEES PERMIT # 8067 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor nam YL R. KR ER Date: 516/13 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin with this assessment OVER 1 Reset ~ ~ ~~~~5 ~~1r~1~/~~z MAY 1 7 2013 APPLICANT/AGENT/REPRESENTATIVE TRANSACTI©NALDISCLOSURERORR~I BOARC~ liF APPEAL ~ of F~as -..'bite Flirts of interest on the nett of awn ait'rars and emebvees. The rzaonse of gyjs iarmis ••••=__a iefornte{ton xfiich cn •r••• a.......,.. ,.r.,.,".,ta. ~n~ua nt'rmateu and allow to uke whoever nation m to avoid saate. f, ~ AA - YOUR NAME: NIKTj~ (Last ttetrre, Bist nmae,.gtrddle inttrtd, upkas you aro applying U the dom of solereoa else a other dttlty, such as a company. If so, itrdit~o the.other petaon's a company's ttmne.} . NAME OP APPLICATION: (Check ell that apply.) Tent Buliding Yeriance X Trustee Change of pone Coastal Etoatiort Approval of plat Mooring Exemption from plat or official nmp Plarming Othu (If °Otlter', Hama the ~tivity.) Do you personally (a thYour compury, spwrse, sitiling, paren4 or child) have a relationship with any offiar or employee of the Town of Southold? "Relationship" irrcludes by blood, marriepe, or tas'ttuss inlaeat °Busitreaa intaeat" means n business, including a pertrKrship, in which the town ot'fixr or employee has even a partie! owrraship oP{or empbymetlt bYj a wrporation in which the town oHiar or employce owns more tltart S% of the shares. YES NO ifyou atrsweted °YES", complete the balance of tlus form end dale and sign where ittdicetM. . Narne of person employed by the Town of Southold Title or position of that person Desttibe the reletiorohip between yarself (the applicant/agent/teptesetnative)and fhetown of&aer or empbyee. Either check the apptoprwte line A) through D) arrdlor describe in the apex pmrided. The bsm officer or employee or his or her spouse, sibling, paratt, or child is (chock all teat apply). A) thn owner of greener then 5%of the shares of the corporate stock of the applican (when the oppiicatN w a corporation); _B} the legal or beneficial owner of any itterest in a non-eorporoie nutty (whzo the applicant is not a c«pomtion7. , _C) an officer, direcWr, partner, or employee of the applicant; w _D) tM actual applicant. DESCRIPTION OF RELATIONSHIP Submiitedthis~_dayof~uaA~ 20~ Signature .a..,A ..e 7,J_L~d.a:?~ .J Prlnt~N8lile ~~)!~-SS GJ' Form TS 1 4~ECEIVEC~ MAY 17 2013 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics orohibits conficts of interest on [he Dart of town officers and emolovees The ouroose of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. , A YOUR NAME : ~~'Cl~ I~.R M ~iRY (Last name, firs[ 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 ar 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 [he town officer or employee owns more than 5% of the shares. v YES NO /l 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 ([he 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 anon-corporate entity (when the applicant is not a corporation) C) an officeq director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of y , 20~ Signature ~ Print Name c.it~~L' ~~~~~{Z. Town of Southold DECEIVE ~l 1011 LWRP CONSISTENCY ASSESSMENT FORM MqY 17 2013 A. INSTRUCTIONS C30A1tL~ t,?F APPEALS 1. 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: oriline 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# Qq- The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ~ Building Dept. ~ Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: R~Mo~'~ ~ ~ ~L~lA'f~D D~-~ - GC~'VsT12uGT I~i~1l SI s~~[,~y A'aDl~/ Location of action: ,'j =~'QS N~~fC~; C~~6V~ Site acreage: '7~ ?j ~ ~ / Present land use: SI NGt,E FPt MIL`f i~l~)DENGE Present zoning classification: Q'~ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ~ [\f f ~ M~~~ ~ (b) Mailing address: c~~~~ N~~pc~i JOINT RD. ~rT'~k-taGV~, N ~ (I ~ 3~ (c) Telephone number: Area Code ( ) G, ?j ~ ' ~ ~j • 2 ~j(p (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ® If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes ~ No ~ (Not Applicable -please explain) 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) • ~ ~~~~5 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria ® Yes ~ No 0 (Not Applicable -please explain) P}Zt7JEGT is ~ V~zY 1r1u~1ttit~l. A~D1710N b£SICNEbTD ~ M~fti3l,~- WCAi i~+~ ~~CI 11NV Hvusi? C~DN~T'iZVC,'T"ION Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria Yes ~ No ~ (Not Ap licable -please explain) S /'~bDi10N L T" T ~X,~ISTINC, ~W FF OR P~6{kC~tt. lkl.l. RVNOPF WtI,L n;Ti41NF.4~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes ~ No ~ (Not Applicable -please explain) r~p~~~c~l=~ il.l. F~ ASR L o~ ham- F- s`K i F~t,/1 No ~cDDiilo N,~~ LaP~nS Inrrt.~ E~ ~i ,4r.>= I~ 11N S~i1-c,l?\~ Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No~ (Not Applicable -please explain) ~ ~ ~~~~5 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 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) V ~Rb Si'f'E l./kNDFI Ll. ~ LL 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. ~y ? Ye~ NoI-2` (Not Applicable-pleaseexplain) Attach additional sheets if necessary WORKING COAST POLICIES • • ~~~5 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 ~ (Not Applicable -please explain) 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 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 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 M E R Y L K R A M E R a r c h i t e c t May 9, 2013 k2EC:E1V Zoning Board of Appeals Town of Southold ~1AY 1 7 2013 Town Hall, 53095 Main Road P.O. Box 728 Southold New York 11971 f30ARL`, OF APPEALS RE: Masso Residence Tax Map # 1000-111-13-04 To the Board: I am requesting a variance for the above referenced property. For your review I am submitting an original and eight copies of the following documents to complete the application. 1. Copy of Notice of Disapproval 2. Copy of Trustees Permit 3. Copy of Certificates of Occupancy 4. Copy of Town Property Card 5. Copies of previous ZBA decisions 6. Completed Application, Project Description, and Questionnaire 7. Photographs of existing house exterior 8. Transactional Disclosure Form 9. Agriculture Data Statement 10. Copy of authorization letter 11.Survey prepared by Peconic Surveyors 12. Construction Drawings (exterior elevations and floor plans) 13. Completed LWRPform 14. Completed Short Environmental Assessment Form 15.Application fee of $500.00 If you have any questions, please do not hesitate to call me. Sincerely, Meryl Kr er, AIA LEED AP Cc: Dina Masso 218 FRONT STREET P.O. BOX 683 GREEN PO RT, NY 11944 631.477-8736 WWW.MKARCHITE CT.COM • t~onnt xa 4 • / TOWN OF SOL7THOLD ~v ~ ~L, BUILDING DEPARTMENT ~ ~tEGFIVECa Town Clerk's Office ' Southold, N. Y. MAY 1 7 701.E BOAR[ OF APPEALS Certificate Cif Occupancy No. Z.3G22..... Date .............QOx..... 2R 19.b9. THIS CERTIFIES that the building located at Iftaaau •Point •Road • • • • ~ Street MapNollasa..P.t.C1B1b1oYDaTo...........Lot No. 39.....Cyto}~o~...Id.y....... conforms substantially to the Application for Building Permit heretofore filed in this office dated 19. ~ pursuant to which Building Permit No..4a42 .'L. dated JuAe• • •t6., 19..4, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private, one. family dwelling . The certificate is issued to Iiowhang. • Msh17?....... AtmeT . (owner, lessee or tenant) of the aforesaid building. SufFolk County Department of Health Approval Oot . 2cjr . ~ g69 • • bp..II...V.illa..... . Building Inspector Howe ~ 5705 • FORM N0.4 ~ y~ TOWN OF SOUTHOLD /~J;~EI-~jUE~ BUILDING DEPARTMENT Office of the Bullding Inspector Town Ha11 MAY 1 7 2013 Southold, N.Y. GUARD OF APPEALS Certificate Of Occupancy No. 211852.......... Date August. ~.9 19.83 THIS CERTIFIES that the building --d,eck, addition Location of Property .5705._.,,,,.,._, N.assau.Point Road Cutcho ue ................g.. House No. Street Hem%et j County Tax Map No. 1000 Section ..1 1 7.......Block ...1.3..........Lot .004, , , . , , , , , , , , i Subdivisiontd.assau,,Point Club Prop:~,,FiledMapNo. ,1.56.,.,LotNo. 39........... Amended Map A. conforms substantially to the Application for Building Permit heretofore filed in this office dated , _ ,Jun e..20, , , , , , . , ~ 19 .7.$ pursuant to which Building Permit No. ,9$30 Z . dated , Ju 1 y 1, 2 , , , , , , , , , , , , 19 . ~.8 ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . ,,,,,a,deck,addition,to, one-family.,dwel.lin~. The certificate is issued to , HOOSHANG & ANNE L. MAHIN (ownerle6xES orYBrl¢trttl of the aforesaid building. Suffolk County Department of Health Approval ,not, required _ , I, UNDERWRITERS CERTIFICATE NO not, required . _ , , , , Building Inspector Rw. r/67 I n ~ • FORM NO . 4 ~ V TOWN OF SOUTHOLD RECE14 BUILDING DEPARTMENT Office of the Building Inspector MAY 1 7 2013 Town Ha11 Southold, N.Y. BOARD OF APPALS CERTIFICATE OF OCCUPANCY No 217702 Date JAN. 24, 1989 THIS CERTIFIES that the building ACCESSORIES Location of Property 5705 NASSAU PT. ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 111 Block 13 Lot 04 Subdivision MAP A NASSAU POINT Eiled Map No. 156 Lot No. 39 conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 24, 1988 pursuant to which Building Permit No. 175742 dated NOV. 1, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY DECKS AND BOAT HOUSE. The certificate is issued to DINA MASSO (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A uilding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD ~ECEIVF~ BUILDING DHPARTMENT office of the Building Inspector MAY 1 Town Hall I A [0~.7 Southold, N.Y. BOA2D vF Ai'PE:~iLS CERTIFICATE OF OCCUPANCY No: Z-28371 Date: 06 30 02 THIS C~ITIFIHH that the buildirnJ ADDITIONS fi ALTERATIONS Incation of Property: 5705 NASSAU POINT RD CDTCfIDGGE (HOUSH NO-) (STREET) (HAMLHT) Comty Tax Map Mo. 473889 Sectioa 111 Block 13 Lot 4 h~hdiviaim Filed Map Mo. Lot No. confoxme aubatantially to the Application for Building Pexmit heretofore filed in this office dated JULY 31, 2001 pursuant to which Building Pezmit Mo. 27828-Z dated OCTOBER 24, 2001 was issued, and conforms to all of the requirements of the applicable pzovi siona of the law. The occupancy for which this certificate ie issued is ADDITIONS AND ALTSAATLONS TO AN HXISTING ONE PAMILY DWELLING AS APPLIED FOR. ZBA #5001 DATED 9/20{O1 The certificate is issued to DINA MASSO (OWNER) of the aforesaid building. SOFPOLX CODNTY DEPAHTM@7T OF HEALTH APPROVA[. N/A HLHCIRICAL CBHTIPICATS HO- 1045192 04 11 02 Pi.UlHSBRS CHHTIPICATIOM DATHD 04 12 02 JOSHPH M BLANDO tho zed Signature Rev. 1/81 - - i- - - i APPEALS BOARD MEMBERS O~gUFFO(,~c ~ OG Southold Town Ha11 Gerard P. Goehringer, Chairman ~ y.~ 53095 Main Road James Dinizio, Jr. y Z P.O. Box 1179 Lydia A. Tortora ~ Southold, New York 11971 Lora S. Collins ~I,~~ a~~~ ZBA Fax (631) 765-9064 George Horning 1 ~ Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 42ECEIVEL FINDINGS AND DETERMINATION September 20, 2001 Meeting MAY 1 7 2013 Appl. No. 5001 - DINA MASSO 1000-111-13-4 Location of Property: 5705 Nassau Point Road, Cutchogue BOAflG C}F ~,PPEALS Date of Public Hearing: September 20, 2001 Findings of Fact PROPERTY FACTS: Applicant's property is located at Nassau Point in Cutchogue, and has 100.48 ft. frontage along the easterly side of Nassau Point Road. The property consists of 34,508+- sq. ft. in area and is improved with gone-family, one-story frame house with wood deck areas and cabana. The existing dwelling construction is more particularly shown on the survey prepared by Peconic Surveyors, P.C. dated January 23, 1989. BASIS OF REQUEST: Building Department's July 31, 2001 Notice of Disapproval for the reason that under Article XXVI, Section 100-244, and Section 100-242A, the proposed two-story addition and proposed structural alterations to a nonconforming structure on a nonconforming lot (with a conforming use as a dwelling) is not permitted unless the side yard is a minimum of 15, and having a total of thirty-five feet. AREA VARIANCE RELIEF: The applicant proposes to construct alterations and addition over the existing footprint and maintaining the same nonconforming southerly side yard at 10 feet, at its closest point, shown on the 11-17-00 plans prepared by Donald G. Feiler, R.A. REASONS FOR BOARD ACTION DESCRIBED BELOW On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant proposes to create asecond-story addition over the southerly part of the existing one-story dwelling, following the footprint of the existing first floor one-story dwelling which has a preexisting nonconforming side yard from the foundation -except for an 80 sq. ft. area on the south/west side of the first floor which is conforming and is not subject to this variance request. The southerly side yard property line contains mature trees, where the addition is proposed, and provides a buffer between the properties. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than area variances because the existing side yard setback is nonconforming, and the applicant wishes to build a second story addition over the existing first floor foundation. 3. The requested area variance is not substantial and represents a variance for an area of 5 feet by 27.6 feet, or approximately 138 sq. ft. ~ _ Page 2 -September 20, 2001 ~ (Q~ Z8A Appeal No. 5001 - D. Masso 1000-111-13-4 at Cutchogue R'EC..~~^~/F~° MAY 17 2013 i3pARLi pF NPPEALS 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that the physical or environmental conditions in the neighborhood would be adversely impacted by this addition as proposed. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Homing, it was RESOLVED, to GRANT the variance as applied for. Vote of the Board: Ayes: Members Goehringer (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted (~r0). . . i - - Gerard P. Goehringer Chairman F;ErEIVF.D AND ''Ii-r?~ F" I fJti','L ti,, , i i x', ~ . r ~ - • ~~c~fFO(/~ Southold Town Board of Appeals O~1 MAIN ROAD- STATE ROAD 25 50UTMOLD, L.I.. N.V. 11971 TELEPHONE 16161 7651609 ~ / ACTION OF THE ZONING BOARD OF APPEALS ~!1 u,Ft;F:IV~C• Appeal No. 3642 Application Dated June 15, 1907 TO: Mr. Garrett A. Strang, R.A. [Appellant(s)] MAY 1 7 2013 as Agent for DINA MASSO Main Road, Box 4T-f2 - gdr~6Zlj ~j~ gPpEALS Southold, NY 11911 At a Meeting of the Zoning Board of Appeals held on August 20, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article Section Request for Variance to the Zoning Ordinance Article %I Section 100-119.2 [ ] Request for Application for DINA MASSO for a Variance to the Zoning Ordinance, Article %I, Section 100-119.2 to construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of DINA MASSO under Appl. No. 3642; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. ey this application, appellant requests a Variance from Article %I, Section 100-119.2 of the Zoning Code for permission to construct accessory boat-storage structure at Lhe foot of the bluff, landward of existing bulkhead, and to construct new stairway with landings in the adjacent area of the existing stairs, which will be removed, all as shown on plan drawn May 5, 1987, prepared by Garrett A. Strang, Architect. 2. The premises in question is known and referred to as Lot No. 39, "Amended Map A of Nassau Point," filed August 16, 7922, File No. 156. The subject premises consists of an area of 34,508 sq. ft. with frontage along the east side of Nassau Point Road of 100.48 feet, and is improved with an existing one-story, single- family dwelling set back 39± feet from the top of bluff, 10 feet from the southerly side property line, 16± feet from the northerly side property line, and 154.5 feet from the front property line. (CONTINUED ON PAGE TWO) DATED: August 20, 1987. CHAIRMAN, SODTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3642 Matter of DINA MASSO Decision Render-August 20, 1987 3. The accessory boat-storage structure is proposed to be 12' by 24' with l2 ft. open deck (for an overall length of 36 feet), to be placed along the edge of the bulkhead, on concrete tubings and C.C.A. treated posts into the ground ~ three feet. The platform construction proposed at the top lP of the bluff is to be not larger than 10' by 15'. The J F~' stairs construction is proposed to extend from the top of the ~ ( bluff (platform) down the bluff, with four landings, replacing the existing stairs immediately adjacent (to the north). ~AY 1 7 20~~ 4. Article XI, Section 100-119.2 requires all building9s and structures to be set back not less than seventy-five (75) feet from a tidal water body, tidal wetland edge, or fresh- ~Ua(a4_j ~.jr A(~aFAL.S water wetland. 5. Article III, Section 100-31 permits the establishment of an accessory use for storage purposes, and this application indicates such accessory use will be incidental and accessory to the residential use of the premises and not operated for gainful purposes, or habitable purposes, and will be used exclusively for storage of the owner's boat and similar articles. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is substantial in relation to the requirements; however, the type of construction of the proposed structures and uniqueness of the property`s elevations above mean sea level lend to the granting of the relief as noted below; (b) the difficulties claimed are sufficient to warrant a granting of the variance applied„ wi th restrictions as noted below; (c) the difficulties claimed are sufficient to warrant a granting of a variance; (d) there is no other method feasible for appel- lant to pursue for the purposes stated in this application.; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by granting the variance, as con- ditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Messrs. Douglass. and Sawicki, itwas_ RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section-T0~719.2 in the Matter of_the App?ication for DINA MASSO under Appl_ No. 3642, for a new accessory boat-storage structure,. stairs and upper platform more parti- cularly depicted on Site Plan prepared by Garrett A. Strang, R.A. drawn May 5, 1987, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Foundation of boat-storage structure to be of spite , Page 3 - Appl. No. 3642 Matter of DINA MASSO Decision Rendered August 20, 1987 construction and self-supporting (not to be connected with existing bulkhead or existing spiles), to be a minimum of ~ three feet back from the existing bulkhead, and to be con- 4' strutted in a fashion as not to cause erosion, raising if necessary; ~~~(~-F i~fF~ 2. Wood deck to be self-sustaining, also with spite construction in the ground and not anchored to bulkhead in MAY 1 7 2013 any manner; 3. Stairs construction to be safe at all times and r E1P~~/~L~ constructed in a manner as to aid in the prevention of ~ erosion; 4. Plantings under and around new construction as recommended by the Suffolk County Soil and Water Conservation District; 5. Boat-storage structure shall be free of plumbing facilities. No cabana or similar uses, no sleeping or habitable facilities; 6. All lighting at ground level and shielded to the property. 7. Existing posts (of construction to be removed) shall be cut at ground level, and without excavation. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Gri gonis, Douglass and Sawicki. This resolution was duly adopted. a . r ~4/.24cS/~~-Ki.aa.1A/ - lk GE-RITRD P. GOEHRINGER, AIRMAN September 1, 1987 RECEIVED AND FILEr~ B THE SOUTHOLD T04'Jli Ci~_... DATEAy~B~k) HOUR U S Town Clerk, Town of Southold TOWN OF SOUTHOLD ~ BUILDING PIT APPLICATION CHECKLIST BUILDING~EPARTMENT Do yo ave or need the following, before applying? TOWN HALL Boazd of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check (P ~ Septic Form N.Y.S.D.E.C. ~~~~;kIVFr' Trustees ' Flood Pemtit Examined . 2o_ MAY 17 7.013 Storm-Water Assessment Form Contact: Approved , 20 BOARD p,pPr~.F~~ to: Disapproved Phone: Expiration APR D PPLICATION FOR BUILDING PERMIT 1 9 2013 Date ~ ~ ~ ~ , 20~ BLDG. DEPT. INSTRUCTIONS TOWN OF SDIITNOLD 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. £ 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. (Signs a pphcant or name, if a corporation) ~b ~x (08~, ~rcQiy~n~, NY IlR9rl (Mailing addre~applicant) State whether applicant is owner, lessee, agent, azchitect, engineer, general contractor, electrician, plumber or builder ~-rC~hx?"2Ot' ~ -yam rr Name of owner of premises V I Iy ~ ~~S b (As on the tax roll or latest deed) If applicant is a corporaticn, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of lan on which proposed work will be done: ~~-o N~s>~u ~po?NT~ c~rU~ House Number Street t 2 Hamlet County Tax Map No. 1000 Section 1 ~ ~ Block ' J Lot ~I" Subdivision Filed Map No. Lot ~ ~ ~~i~~S 2. State existing use and occupancy of premises and inte"nd use anJd occ ancy f proposed construction: a. Existing use and occupancy )Y) G11P, jhtA ~(.Q to t~ t b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition ~ Alterations Repair Removal Demolition ? Other Work (Description) 4. Estimated Cost ~0 O b O Fee (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 , 6. If business, commercial or mixed occupancy, specify nature and extent of e~~)~~Gy~~ of use. I ,y ~t, ' 7. Dimensions of ex}sting structures, if any: Front •~6 Rear Depth X8,7 Height 2~ Number of Storied ci ~ ~ > Dimensions of same structure with alterations or additions: Front ~ 1 ~ 5 Rear t~0 Depth ~~•~"t Height ~I _NumberofStories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories p 9. Size of lot: Front ~ ~ • 9' ~Reaz ~ ~ I Depth ~J `"i 2 ~ ' I ~ 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises aze situated ~ ~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES,bt~' NO~ 13. Will lot be re-graded? YES_ NO~Will excess fill be removed from premises? YES_ NO_ 14. Names of Owner of,p~r~emises ~j N~ IJ1~PtSSU Address S~fJS Nf r~,~4U ~ one No. - t0 2$ Name of Architect YVIF~Yj. K.R/~Ml?(L Address Gb PbX loci 3. Phone No - Name of Contractor Address GRAN F'0~1- 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 ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH Notary Public, State of New York (S)He is the No. 01 BU6185050 (Contractor, Agent, Corporate Officer, etc.) Commiselon Expires April 14, 2~~rp 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 mariner set forth in the application filed therewith. Sworn t before me thi f q~, day of-P 20 ~ ~z~~ Notary Public Sr e of pplicant gotal Coy New York State Department of Environmental Conservation o ~ Division of Environmental Permits, Region One ;~1 I ~f Building 40 - SUNY, Stony Brook, New York 11)90-2356 ~.J~~J° Phone: (631) 444-0365 FAX:( 631) 444-0360 ionn P. Canai Website: www.decstate.ny.us Comm;ss;o~er LETTER OFNON-JURISDICTION ~ rE December 13, 2000 ~ _ - ~ ~ {?~~.Ej~/F~ Ms. Diana Masso - - - 8 Fairway Lane MAY 1 7 2013 Manhasset, New York 11030-3213 Re: Nassau Point Road(SCTM#1000-Ill-t3-04) BOARD OF APPEALS Cutchogue, New York /-Y73t~-Ix~Y~16 Deaz Ms Masso: Based on the informarion you have subtuitted, the New York State Department of Environmental Consrnation has determined that: The portion of property which landward of the top of the slope at eteva[ion 57' is beyond the jurisdiction of Article 25 (Tidal Wetlands) as shown on the stuvey by John Metzger dated October 17, 1988, last revised November 10, 2000. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may'take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary prccautions are taken [o prevent any sedimentation or other alteration or disturbance to the ground stuface or vegetation within Tidal Wetlands jurisdiction which may result from your projeci. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction azea) or erecting a temporary fence, bartier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agrncies. Very truly yours, Ro Evans P -Administrator cc: BMHP/MEP Don Feiler BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT N0.8067 DATE: FEBRUARY 20.2013 j i j ISSUED TO: DINA MASSO ^ I ^ ~~j (Y IY ~ PROPERTY ADDRESS: 5705 NASSAU POINT ROAD CUTCHOGUE ~ ECEIi1Ff SCTM# 111-13-4 MAY 1 7 2013 AUTHORIZATION BOARD OF APPEALSI i Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in I accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 20.2013, and in consideration of application fee in [he sum of WAIVED ac ner Town Board Resolution #2013-189 and subject to the Terms and Conditions as stated in the Resolutioq the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to remove existing elevated deck; new one story addition; construct approximately 100 linear feet of vinyl bulkhead in-place of (and up to f12" ' higher than) existing storm damaged (Hurricane Sandy) timber bulkhead to be removed; reconstruct storm damaged 10'x10' deck and associated 3' wide steps landward of bulkhead; remove and replace in-kind/in-place blaff stairway as needed; reconstruct 3' wide steps to beach; and backtiWre-nourish storm eroded area landward ' of bulkhead with approximately 325 cubic yards of clean fdl to be planted with native vegetation; and as depicted on the site plan prepared by Meryl Kramer, Architect, last ' dated January 15, 2013 and stamped approved on February 20, 2013; and as also depicted on the site plan prepared by En-Consultants, last dated on January 17, 2013 and stamp approved on February 20, 2013. ! I IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, ~ and these presents to be subscribed by a majority of the said Board as of this date. i /~g1?fF~ fi ~ II ~ ~ ~1 ~ FtECFNED MAY 1 7 2013 BaAFtla OF APPEALS LETTER OF AUTHORIZATION DINA MASSO 5705 Nassau Point Rd. Cutchogue, NY 11935 I hereby authorize MERYL KRAMER, ARCHITECT to act as my agent in obtaining all permits required by SOUTHOLD TOWN, SUFFOLK COUNTY and NEW YORK STATE for the renovation of my residence at 5705 Nassau Point Rd., NY i I Dina Masso Date \s _ r JMN.ro~wuaa.::.:~, ~i ~w.~ Masso West Fr 1 ` i / h 1 Masso North 1 P,`',- r~ ~ r ~r ~ j ~ ~l [/j{' J ' ~ t'. ~ 'r.~._ i ~ ~ `'1 k~'~ 1 F T jM„ Masso East _ ` TOWN OF SOUTHOi.D R~tOPERTY RECORD CARD - 6 OWNER STREET _y, VILLAGE DISTRICT SUB. LOT - ~ ~ 3 1, I/ .~Gt s.5[) ~ J~ ~d u s~0 I ~ G,: ~ CU fG ~i 0 e r~ _ FORMt2 OWNER N E ACREAGE _ _ S ~y TYPE OF BUILDING ~5~~~~s~ ,~r-~~r~ RES. ~/p SEAS. VL. FARM COMJ~h. IND. CB. MISC. ~ u \~,Lant LAND IMP. TOTAL DATE REMARKS 6 b~ J /Y4 ~ K~ r J _ ~~D D ~4L=C ~ / `~~'`~7~ 9~3oZ /<~ol o~ec~ 7~0 owe 7~»+l~y o~wc/i C' ~~Saa 9~ o a y7a r ~ y v T - - - - - b D 7 D a D 9~Q a- ~7D ~ R~- ~~~~I'75;'~- ~ecKs ~ b~ur~~u~c. ~-c /c von 1 9 v % l n d~ / o a o J ,1 ~.3 7 b v2~/ a~ ~ - ;-'1 AGE u B ILDING CO D T O)~~l'~ 3~~ t3_ ~p X?~~~J ~o ~~C-tin ~a'""` ~ o oo /0800 _ /h~_oo :3' n^_ 1~af~`,~~_~ca,~:~ - - - Farm Acre Value PerAcr 3 ~ ~~~2a~°p~ Ok 30~-_ -t-tir,~©o- , - - ~ - Tillable 1 - - - Z Ov able 2 ~ i - - _ - Tillable 3 Woodland _ _ _ _ _ Swampland - - - - - - - Brushland W ~ - House Plot - Toto I j G ray ~:oRz _ ~ # ,v y ~ I a zs%~ /,,z I - - - ° ___Z5'y j~~ 7 ° - 4 111-13-4 02!02 ew 2s j 'oz _ _ - - _ b M. Bldg. 3 6 X .3= 3CtG Foundation ~r j , Both 3/pi T O Extension X = 3 Basement Floors ~3 ~C' Extensro~ ~ ~j ~7 yl~( .eo o Ext. Walls Y@Pfres~r~~a Interior Finish ~,Iraca Extension 2 Q x / 6 ~ ~ F' a Place ? ` Heat U ~ ; _ Porch Attic 3 Porch Rooms 1st Floor 6 - ~0 ~ i2~ P ° Rooms 2nd Floor Gar _ ~ 7 X ~ o 3 &p ,,1 S 03 Driveway O.B. ~ /a/~ dip l~ l L p o-O G ~ ~.lr.... i~~ . i.~ ~ /G I 3/02 Lew. t` q lL Soar 3 00 3 y o~~g~FFO(~-co ELIZABETH A, NEVILLE, MMC h~ ~y Town Hall, 53095 Main Road TOWN CLERK c ~ P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p ~ .F Fax (631) 765-6145 MARRIAGE OFFICER d,~~l ~~0~' Telephone (631) 765-1500 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER wwwsoutholdtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 21, 2013 RE: Zoning Appeal No. 6665 Transmitted herewith is Zoning Appeals No. 6665 of Mervl Kramer for Dina Masso- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Meryl Kramer Dated May 9, 2013, Copy of Certificate of Occupancy No. Z-3622 for Private One Family Dwelling, Copy of Certificate of Occupancy No. 211852 for A Deck Addition to One-Family Dwelling Dated August 19, 1983, Copy of Certificate of Occupancy No. Z 17702 for Accessory Decks and Boat House Dated January 24, 1989, Copy of Certificate of Occupancy No. Z-28371 for Additions and Alterations to an Existing One Family Dwelling Dated April 30, 2002, Two Pages of Findings & Determination No. 5001 Dated September 20, 2001, Three Pages Town Board of Appeals No. 3642 Dated June 15, 1987, Copy of Application for Building Permit Dated April 19, 2013, Letter ofNon-Jurisdiction from NYS Department of Environmental Conservation Dated December 13, 2000, Copy of Board of Southold Town Trustees Permit No. 8067 Dated February 20, 2013, Authorization Letter from Dian Masso to Meryl Kramer to Represent Her in this Matter Dated May 7, 2013, One Page of Photos of Property, One Page of Property Record Card (Both Sides), Notice of Disapproval from Building Department Amended May 16, 2013, Two Pages of Drawing Showing Existing & Proposed Construction of Property Dated April 5, 2013, Copy of Survey Showing Existing & Proposed Construction Dated May 14, 2013 Prepared by Peconic Surveyors. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/17/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6665 Masso, Dina 423 $500.00 t~tAY 2 0 20b So $500.00 By _Ic_ Thank you. • i * * * RECEIPT Date: 05/20/13 Receipt: 150482 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6665 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #423 $500.00 Masso, Dina Name: Masso, Dina 5705 Nassau Point Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6665 BOARD MEMBERS ~ O f SOU • Southold Town Hall Leslie Kanes Weisman, Chairperson Tye 53095 Main Road • P.O. Box 1179 Eric Dantes Southold,NY 11971-0959 l~[ ~ Office Location: Gerard P. Goehringer G C Town Annex (Firs[ Floor, Capital One Bank George Horning • ~O 54375 Main Road (a[ Youngs Avenue) Ken Schneider IyCO(f~ Southold, NY 11971 http://southol d[own.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 11, 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, JULY 11, 2013: 11:20 A. M. - DINA MASSO #6665 -Request for Variance from Article XXIII Section 280- 124 and the Building Inspector's May 3, 2013, amended May 16, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required total side yard setbacks of 35 feet, located at: 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-13-4 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(a~Town.Southold.nv.us Dated: June 13, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 • ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MASSO, DINA #6665 MAP # 111.-13-4 VARIANCE SETBACKS REQUEST ADDITIONS 8~ ALTERATIONS DATE: THURS, JULY 11, 2013 11:20 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-TOWN OF SOUTHOLD 765-1809 _ ~ _ ,r y~) x~ ~ ~ #11242 lu 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 27tH day of June. 2013. C(~t-(mot-- .(/~C~ ' Principal Clerk Sworn to before me this ~ day of • ~ 2013. LEGAL NOTICE 10'40 A M - GRAHAM WII - 7? s-` ~ f SOUTHOLD TOWN ZONING LOUCHRY fB F Y HOR V J ' BOARD OF APPEALS #13) #fi661 -Request for Variance from ~ ~.1 ~ , THURSDAY JULY 11, 201; Article XX[lI Code Section 280-123A N• PUBLIC HEARINGS and the Building Inspector's March 7, HRISTINA VOIIN$KI NOTICE IS HEREBY G[VEN, pur- 2013, amended May 2, 2013- Notice of NCJTARY PUBLIC-STATE suant to Section 267 of the Town Lawand Disapproval based on an application OK NEW YORK Towp Code Chapter 280 (ZOning),TOwn 'for bu0ding pemd[ for additions and NO. O1V06105050 of Southold, the following public hear- ~ alterations to an existing seasonal wt- !!1 $UffOlk irtgs will be held by the SOUTHOLD rage aq 1) a nonconforming building COUf11Y TOWN ZONING BOARD OF AP- containing a ponconforming use shall -(+!res Faomory 28, 2016 PEALS at the Town Hall, 53095 Main ! no[ be enluged, reconstructed, stmaur- Road, Southold, New York 11971-0959, I a0Y altered or moved, upleas such build- 11~SOA M - X VIN T i errrFR op THURSDAY JULY 11;2013: ~ i°8 a dunged to a cogforvtiag use, 1o- mA DOROTHY GAI i eryxmg ~2 1:20 P.M. -JOHN ABBOTT Ah663 - 10.00 AM. -TIMOTHY ? A~~m .rated at #13 Breezy Shoru.Comm, Inc., -mss tea request for a Waiver of Merger Request for Variance from Artide XXII ffi53T - (Adl. from PH. 6lN13) Request 6%90 Main Road (aka State Route 25 °p~t Article II, Sedlon 280-10A, m uq- Code Section 280-116(B) based on an for Varances from Article XXII Section ~ apd Sage Blvd.) (adj: to Shelter Island merge lapel identified as. SCI'M #1000. application for buildmg-permit and the 280.116 (B)apA Article lil, 9ection280- (Sound)Cmenport,NY..SCfMk1000-53- 741061:1;besM oothe Building iuapeo- guildfag igspector•s ppri12A; 2013 No- 15 and the Building laspector'a March i 512.6 roc's 3antruy.9, 2013, updated March 21, rice of Disapproval concerning a permit 21, 2013 Notice of Disapproval based t_1.Q6A:M.-RAT P_HMr•euRnnra 2013 Notice of Disapproval which states for cogstntctioQo4e10'XIS'covered on an application for building permit for JH.1~4 -Request for Variances from adjoi°°W conforming or nomm~form- deck/geubo, at 1) lgs?:e$w the code demolition and re-cogstnrctioq. of a ca- i Artide XXII Code Section 2$0-i16 and i°g tots held in common owgership she6 required bulkhead setback of 75 feet, bana/ahower and decking, ai; I) less than Article II[ Code Section 280.14 apd merge tmtil the total lot eiu. conforms .located at:8630 Paogic Bay Boulevud, theoode required bulkheadsetbaclc of 75 the Building Inspedor's April 16, 2013, t° the c°rre°t bulk achedute (minimum (adj. [o Great Pecogic Bay and Private feet, 2) kaa than the codeaequired mini- amended May 13, 2013'Notice of Disap- $9°are feet iq the R-40 Reaiden- Road) Lauro4 NY- SCTM#10 0 0 126-5-1 mum 10 foot side apdfor reu setback Provai bossed on anapplicahon for build- tial Zo°e District) this lot is merged with The Board of Appeals will lieu all for acttsaory structues, 3) the proposed I i°B Permit for additions apd alterations lot 1000.70.10-62.l,located aC 180(1 Park persona or their ropresentatives, deair- wbana is not a permitted accessory use, to a single family dwdtigg, at; l) lees thin Way. B°d ~ Beachwood (adJ- to Goose i°B to be heard at each hearing, and/or kcakd ak 7725 Nassau Point Rbed (adj. the code required 100foot setback from Ssrsthold, I11. SCTM#'s 100070- desiring to submit written stammegts ro lit[k Peconic Bay) Cutchogue, NY. top of bluff, 2) more than the code limit 101.1 & 6Z.1 before the conclusion of each (rearing. SCl'M#1000.1184-5 I number of stories (2 ~/i) with a Height 1'06 PJeL - RA1S0 r I r Ili"` - Re- Each hearing will not start earlier than 10'.1ll A M - Inn M17t e ~ of amore thaq 0te cods limit of 35feet, 9°aat for Variances from Article XV designated above Files tie available for IBRPR7Y SHI ~i6 . Re_ bcaled at: East End Road, (aka CasOe Cads Section 280fi4A apd Artide XV review during regulu business hours quest for Variance frmn Article XXIH Road) (adj. to Black Island Sound) Fish- Coda Sectioq 290b3 and the Building aqd prior to the day of the hearing. If Coda Section 280.123A and the Build- ers Island, NY SCfM#1000.1-2-5 Inspector's May 13; 2013 Notice of DTs- you have questions, please contad om 1°B Inspector's March 7,-2013 Notice of 11"20 A M - DINA MACSn afifific approval based on an. application for office at, (631) 765-1809, or by email: Diaappryvat based oq an applicagon for Regtrta[ for Variance from Article buildmg permit for additions apd altera- Vicki.TOth~"TOwn.Southold.nyus . buik0og permit for additions end alters- XXIII Section 280.124 and [he Building lions [o aq exie[ing commercial building, Dated: June 13, 2013 pops m m exuung seasonal cottage a[; Inspector's May 3, 2013, amended May at; 1) less thaq the code required mini- ZONING BOARD OF APPEALS 1) a aupcon{orming building mntain- 16, 2013 Notice of Disapproval based on mum front yard setback of t00 feat from - LESLIE KANES WEISMAN, CHAIR- an application for building permit for the right of way, 2) less than the code PERSON ~ a., g use shall pot be additions apd alterations to an existing required minimum reu yard setback BY: Vicki Toth reoonstmeted, strucmrall single family dwelling, at; l) less than the of 60 fee[, located at 67875 Main Road 54375 Main Road (Office Location) terod of moved, unless such building code requ'ned total side. yard setbacks (aka CR 25) (comer Albertson Lane) 53095 Main Road (Mailing/USPS) changed [o a conforming use, Iota[- of 35 feet, located at: 5705 Nassau Point Greenport, NY SCPM#1000-52-5-58.2 P.O. Box 1179 I at #25 Breery Shores Comm. Inc., Road, (adj. to Little Peconic Bay) Cu- Southold, NY 11971-0959 490 Main Road (aka Slate Route 25 tchogue, NY. SCTM#1000-I1 ]-13-4 11.242-1T 627 id Sege Blvd.) (adj. to Sheller Island mnd) Gieenport, NY S(TMatnm-ca. • ~ ~ (0105 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: httn://southtown.northf'ork.net June 10, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, July 11, 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 June 24tH: 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 Julv 1st : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 3rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 9, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK / AFFIDAVIT OF In the Matter of the Application of MAILINGS bona Ulassb (Name of Applicants) SCTM Parcel # 1000- COUNTY OFSUFFOLK STATEuOF NEW ~Y/O~R/K~/~~ ,1 J,,~~~ ' I, 1' (ti/ IMII~? residing at 6 ~ ~ ~ ~ ~ \~+C New York, b ing dduly sworn, deposes and says that: On the Div day of , 20I~I personally mailed at the United States Post Office in i ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES ED, 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 or private street, or vehicular right-of-way of record, surrounding a icant's Si tore) Sworn to before me this~~ day of J~~20I 3 V " LC~I ~ ~v~` VI TOTH ~ ~ (Notary Public) ~ SuflroiM (;gnmissinn Emiree IuN 9R ~ I~Q . 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. 'I a ~ F ~„9f f ~ _ ~ M1 O • m o ~ ru m ~ ~ NEB Yt]R1F NY 1025. m P4,HAM ~tY 1#)B0~ ~ e m ~ Postage $ 51.12 0944 v fm Postage s 51.12 4 .Tl p m m ? /y~~ Certirietl Fee ~ CedifietlFee 53.1Q ~tl ~ ~ 53.1Q ,p T+ ~ Nz,ge ~ O Return Receip[Fee ~~®o~yuk .o O Return Receipt Fee R W ~ p (Entlorsement Required) 52.55 ~~ef u'o ~ (Endorsement Requiretl) 52.JJ O ~ ResVictetl Delivery Fee 4~ Resiricled Delivery Fee $Q•~ ':~y~ (Entlorsement Required) U ~ (Entlorsement Required) 50.00 (/S S -aG~`~:b O SPS •.4 0-' d• ~•R ~2 O Total Postage 8 Fees $ 4bl2 J O Total Postage & Fees .y ~ ~ Sent To ~W^ n'1 Sent TO ~ANE ANA LINQ~A~ cPLANTS I'r't ~ SANDRA ORUINDO ~ ___..___;~p~~~~~p n~GAPL-tCA O Stree(Apt. Na.; q/~~~~~~ p So,PO nP~av.MM1~~ or PO BOx NO. M1 ___._~~_YAK.-~1~.__...__._______________________________. r` city state.ziP.a~t~'_~~'~~.......___._____________________... Ciry, State, ZfPi4 :rr :rr ir. ~ ~ 7 ~ . (L ~ ~1/ ~ _ /~Q~y ~ ~7TCNf1CtEiE NY 11935 q..o m Postage $ 51.12 0,'@744 r,~9 rrl d4 v Certified Fee 53.10 Qv{,,/pay~*~ :o O JUU'r'GFYer~O J ~ ` - O Return Receipt Fee o ~ p (Endorsement Requiretl) 5.55 ~ Restricted Delivery Fee ~ (Entlorsement Requiretl) 50.00 ~ , @ .S p Total Postage & Fees ~ .p_ _ 56_77 Qb~i ~ Sent TO rn MARY AND ROBERT 9ENA - Street APf No.;-~~----~ Q,,, ~ or PO Box No. M5~~NAS!~~II P~ Ciry, State, ZIP+4 :rr rr. . ~ ¦ Complete t[enrs 1, 2, and 3. Also complete dgnatu 9 ? Ages hem 4 h Restricted l>alNery is desired. l] Addresses ¦ Print your name and address on the reverse so that we can return the card to you. ved (Pr6ded Name C• of ¦ Attach this card to the back of the mailpiece, or on the front K space pennhs. D Is d'dfeent tram Item 1T 1. Article Addressed to: j f ~ If YES, eraer delivery address below: 10Op111-13.3 l/Vn tlY(1 MARY AND ROBERT SENA 5655 NASSAU POINT RD CUTCNOGUE,NY 11936 3.Ce type Certlhed Mail ? Egress Mail ~ Registered D Return Receipt for Merchandise ? Irtsrued Mail ? C.0.D. 4. Reshicted Deliveyt (6ttre Fee) ~ Yes 2. Article Number (riansler rrom aeMce label) 713 190 ?aoo 3358 52 Ps Form 3811, February 2ooa Domestlc Return Receipt t~•ts~0 TOWN OF SOUTHOLD ZONMG BOARD OF APPEALS SOUTHOLD, NEW YORK ~ ~ ~ ~ S AFFIDAVIT OF In the Matter of the Application of POSTING ~lN~t ?tI~SSb (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000- ~ ~ 13 . COUNTY OF SUFFOLK) STATE OF NEW~~Y~ORK) h ~~k+s(d,~~ residing at 63~ IJ/%y ~?f~l~lk-/~NL. MW ,New York, being duly sworn, depose and say that: On the ~~day of V V , 20 ~ I personally placed the Town's Official Poster, with the date of heazing 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 2 date of the subject hearing date, which hearing date was shown to be ~ ~ 7 (S B~~) Sworn to before me thi~~O Day of~~~ , 201, VI TOTH Q ~ ~ ~ NotaryNo I l New~yWrk (Notazy Public) CommfsE pires~lury2 n2D * near the entrance or driveway entrance of my property, as the azea most visible to passerby. ~ s BOARD MEMBERS OF $~Ul Southold Town Hall Leslie Kanes Weisman, Chairperson ~Dy~~ ~'QlO 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes #t # Office Location: Gerazd P. Goehringer G ~ Town Annex /First Floor, Capital One Bank George Horning ~0 ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~'y~'vurm,~' Southold, NY 11971 http://sou [hold[own .northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 May 17, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Boazd Office Town of Southotd Town Hall Annex MAY 1 7 2013 Southold, NY 11971 Re: ZBA File Ref. No. #6665 - Masso Dear Mr. Terry: We have received an application for additions and alterations in Cutchogue. 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-SD is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Enc(s. BOARD MEMBERS OF $OVr Southold Town Hall Leslie Kanes Weisman, Chairperson y~ 53095 Main Road • P.O. Box 1179 l0 Southold, NY 1 1 97 1-095 9 Eric Dantes * ~ Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing ~ ,,a~~ 54375 Main Road (at Youngs Avenue) Ken Schneider l'~CQ~~ ~1~ Southold, NY 11971 http: //sou Iholdtown.north fork.ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 May 17, 2013 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 #6665 Owner/Applicant: Masso, Dina Action Requested: Additions/alterations -setbacks 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, Leslie K. Weisman ZBA Chairperson By: ~p,C~Lf.~I.G/J~!./j~t Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~~F S~UTy 53095 Main Road • P.O. Box 1179 ,`O~ Southold,NY11971-0959 Eric Dantes Office Location: Gerard P. Goehringer # T Town Annex /First Floor, Capital One Bank George Homing ~ ~ ~O 54375 Main Road (a[ Youngs Avenue) Ken Schneider l,,'C~~ Southold, NY 11971 http://sou[hol dtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 July 25, 2013 Meryl Kramer P.O. Box 683 Greenport, NY 11944 RE: ZBA Application #6665 - Masso Dear Ms. Kramer: Transmitted for your records is a copy of the Board's July 25, 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. S~ erely~`=~~~ Vicki To-11th Encl. Cc: Building Dept. mmmasiM rvi[A+Ot m~f m, a P, 6 ~ ^P1 ~ i n+"'s x~,opa yB w ? " ®p~ ~ 1 c•• ry - ~w ~ nn `E ~ ' )9 - 18Nc~ P 9 ~ Ay w o ~ ~ es A1N,e1 P w 8' ~5 AoMt ' e ~ ~ t ~P ,p 1 P ~t w ~ ~ wn \ ~ P 1B ,B 19 L 4 m .g ,P P W'c ~oN1~ ro m ~A" q0 BIFNHN)EN a ~ Sn oe ,9 g B? P \ ao 1 w 9 21 1 ~ M w M., 1A 81 P c\ Y aww \ 6y °y P . 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NO. ]B 0 , 110-0tdtt 3M i m 1 A Ps \ 3 lW1 P MATCH NNE r q e ,5 ~ ~ 11 y S -06 i i 15N,c> ~p, 0 ' NOTICE COUNTY OF SUFFOLK © e roxa pr sou,NOfn SECTION NO wINRNWCE M,EAn°p,.wEw, RealProperty Tax ServiceA en v EN.BiW.Ip1pFM.WIrtgNCF,NE a °y ~~,ApEpF 111 r°E ccunn cmurwrum..e,Nrn9s, 1BE vanEx eMnwEew p~iHEeu Eixr M ME4 tAOPERIV iM YNCEI.CExCV m p p6INIC1 N0 100° ~~B PROPERTY MAP COIwFP&Ox °xiE'.MM, 2nd