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Home My WebLink About6652~j~usvl, SavvleS ~ S~Su-vt /36 i~ Oa.K 5zl', Cc~.G~,°8ue" 533 $ (~65~ DeW~ol ~-h~~ '~- r e o~dClc~~ f0 e,~r s1~ Y~yy/ S2Gt.S vv~-I ~~; 52-~--G~Gt~'~• a5.8r~ tCP.'~•,Gs"v'``l°~ntcf! Side yowLts 9.9 ~"l-Feef', /o+ c,~v-~-9~ ~S• l l~ ~ o Il~(8~ Ar°~" xx l~ Sec. S eq-.1r-~- xx ni sec ag~~~ ~~-r-~ ~t+ ~~d~' ~~G(Si uYl '~~o~.i ~l3 9 13--iron, `7~c~vPS •~ S'usah /36 / ~J QC~ lC cSf' ~C~ o~ci7e 533 ~ (~~Sa T1~iv-~o(i •h ~ ~ rt C.vv~ Sf-vtccfi ~ cn.3l a f ft,~a-h ~m ~/adGl (fi N'1S ~ P,a ~'h ~~-S uha,l C~ -ff~e; b wl kip ~Q ,setb ~S. a+/-~ecf ~vmb;n~l stde y~ Q•~f/ ~~r/ (ofi GaVP~~2 a5• (°/v ~+ Kynciir Sect Pa -t l a~ PN- 5,(~1~, ~/~/i3 L~,yr ~ ~ ~ 9 va--~.~' a~.l'f" /'2 ~f e~ w~G6~. (o~d-oll3 /hank, /or/C~ ~ . /3~ - - --_ -- -- oJ q _ ~~~ pro- --~~ '°'`~ ~~`~ --- BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider ,~'.'~pf SOUT~o~ ~~ • ~~0~ ~~~OOUNI'1,~",~' 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 (a[ Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEi~ TOWN OF SOUTHOLD ~' Tel. (631) 765-1809 • Fax (631) 765-9064 ~~~ ,- ~. Town Berk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 ZBA FILE: 6652 -AMENDED DECISION NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY SCTM#1000-136-1- 53.3 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 lI category of the State's Lis[ 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 April 15, 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 April 29, 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 INCONSISTENT. However, the amended application, as requested by the Board of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION ~ Subject property is anon-conforming l 1,529 square foot lot (6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along The southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates, Architect. BASIS OF APPLICATION: Request for Variances from Article XXB Code Section 280-1166 and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Page 2 of 4 -July 25, 2013 ZBAN6652 AMENDED-thrown SCTM# 1000-136-1-533 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; I) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances to demolish the existing dwelling and construct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback of 4.9 feet where the code requires 10 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1 % where the code al lows a maximum of 20%. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet ,combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 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: l . Town Law &267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similar to the applicants' property and have received setback variances along with lot coverage relief. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief far the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law 6267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywells from the flood zone, installation of a buffer to absorb Page 3 of 4 -July 25, 2013 7.BAd6652 AMENDED -Brown SCTMk1000-136-I-539 runoff, a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non- conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 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. The applicant must reduce lot coverage hereby making all variances proposed more conforming. 6. Town Law 6267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of [he 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as follows: 1. Lot coverage shall not exceed 22%. 2. The single side yard on the northerly side shall be no less than 6.7 feet, with exception of the one (1) story only bump-out of approximately two (2) feet, shown as a dotted line, in the north side yard and on the site plan labeled S-1 dated July 3, 2013 and 1s`. Floor Plan dated May 29, 2013, prepared by Mark Schwartz and Associates, Architect. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yard shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. Thal the above conditions be written into the Building Inspector's Certlfacate of Occupancy, when issued. Before aaplyine for a buildine aermit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan and architectural drawings, conforming to the alternative 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 Page 4 of 4 -July 25, 2013 ZBA#6652 AMENDED -Brown SCTM# 1000-136-1-53.3 building permit, and may require a new application and public hearing before the Zoning Board of Appeals. vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted (5-0). vote of the Board: AMENDED DEC/SION Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes. Nays: Member Horning. This Resolution was duly adopted (4-1). Approved for filing °//,~() /2013 FpLE Of wnv.+oe yAReo R MEETS AND BOUNDS BV: V0.CONIC SU0.VEYO0.S.lONN T. MEi2GE0. LIC. No.4%I8, DATED: IUIY 5.200] SITE PLAN SCALE: 1" = 20'-0' FINAL MAP REVIEWED BY ZBA SEE DECISION ~ DATED? !~?~~~ o~ ~~ ;FINED - 3 2G`~ BOARD OF APPEALS SCTM N o. 1000-136-O1-5 3.3 LOCATION: AREA: LOT COVERAGE: AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26 ACRES AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES BUILDABLE: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19.1% PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.4% PROPOSED COVERED PORCH: 169.7 SQ. FT. 2.SD/o TOTAL 1484.1 SQ. FT. 22.0°k REVISIONS: ~i <u .~ a a ~' 4 'z %~ ~ ~n ~ O q Y ~ c ~ u - 3 z 0 (Tr~ a ~Q y ~" (~ N z 0 .. H A a d o w~ x ~~ a~ o ° DMWN: MH/MS SCALE: 1/4"-1'-0" 108X. ]ul OJ. 3013 SXEF.T NUMBER: 5-1 L_j_J MASTER BEDROOM COVERED Roach ,«M ............._ ow I ~ ~ ciau~era ~ ~-.. e tr I.ITCHFN D DINwr, ~' ~ ~-~ ~ I _ _~ i~l " 1ST. FLOOR PLAN ~pROJECT NORTH FINAL MAP REVIEWED BY ZBA SEE DEC15iaN *h DATED,2 +~ J~ Ul REVISIONS: s ZJ ~ _ ~dw= n ~~~x _~" ~~ ~ x s E z 0 F a d' O ~ ° z '" 0 o "z y~ x 3 ~~ _~ o °_ DRAWN: MN/MS srwEr: uc=ra x1n x: 1.4 E9. Hlll 5111!1?TNIIMIII?R: A-1 FINAL MAP REVIEWED BY ZBA -SEE DECISION # DATED ~ /~ / ~ I ~ REVISIONS: i~. •i e e ~ a v ~.. a ~ ~ tl 6e°> I z o ~ dF > a FG w w F ~y~ qpy `q a rr p rF"-i vi A per, C 0. ~ } C ~} x ~ °s a~ ~, as DRAWN: MNIMS SCALE: UI'yl'-0" 108 M: lul OJ, 3013 SHEET NOMBER. A-1 WEST ELEVATION Sfdl F 1 /Q" . 1' NORTH ELEVATION SCALE: 1/8" = 1' FINAL MAP REVIEWED BY ZBA SEE DECISION # ~~ DATEDZ /~ / ~ ~ REVISIONS: i~ :i Qu ,~, a a a m~ ~ ~~°° ~~ ~ - a z d W W z ~ ~ C/1 F W o A W o A a v. ~ w~ x ~~ ~ F o U Mry~~1 F+i DAAWN'. MHIMS SCALE. 1/4"-1'-0' JOH p: Jul 0], E013 SHEET NUMHER~ A-2 EAST ELEVATION SCALE: 1/8" = 1' v i .~ ~ i~ d0E1TEB " .~ aem M~crF0.~Ff]0.[]OM .. ~ CC/~y~~~~ ' urvtN ....•••• GLLLY ~ HALF BATH O O n•• F XFX 8 tr _ ~~ }~ DINING 0 b ~D o~ ~Y "' YENCX ""' R 16'GB. 1ST. FLOOR PLAN ~pROJECT NORTH SCALE: 1/8" = 1' 2ND. FLOOR PLAN ~pROJECT NORTH SCALE: 1/8" = 1' IFINAL h;~p REVir_~^~ ~~p BY Bq SEE DECISION #~ CATED~ ~ /~ REVISIONS: • •i d V ~ a c mx g r py !Y Q 6 Y G ~g n 0 Q z oG a W °a F p q° ~ N z o .. F "" .~ AA d N y } O w ,Z x ~~ o~ 3 o ° ~ -~ Gq on,sviN: MxiMs sc,u.E: iq•~ro• ioR x: SNEEI'NUM9ER-. A-3 REVISIONS EDGE OF WETLANDS MHWM \\ MHWM AS PER FILE MAP / FLOOD ZONELINE \ O F EL. 1 EL 8' E 221 .19 EL.9.71 i 572031130 Zo x l ZONE E EL. 6' \ O°°o H zz r — — _ _ — _ _ _ _ _ _ I DW 6 / EL. 12' PROP, I EXISTING I I (EL. Q 6.T ---- I - EX.FINN..F1iE I 0' 45.3' 60.8' (b / i/] .. E TEST HOL ., i It.tDs` I r — (RETAINING WALL ETLANDS) k 0 ,'dv .'Ov 'dr .'d. .'d• n .'d. ,'d ' .'d PROPOSED ExISFINCy I EXISTING COVERED SDN O M DECK (TO REMOVE) I gg pp ON TURF Q dn•.�d°, d.'� •�O�ov ,i •�d.•�d e•�d e•�o.,'on•`d°• PORCH (fO RE'N(OVE) I = BUFFER PROPOSED NEW d. m, .° d d d 'a a6 d• d d 'a d d !o de STORAGE / I •'0 % • : i L.11.0' 2 STY. FRAMED HOUSE I / 35.T •fib,' d.,�d•,.°b. .°d° .'0�5J i .i . ,. , • i. •. , 'o . N 7,. < < SLAB E .•. i w. �� , 'd:•'p:'. i d. 'p,•.•'d.• 'd n•'a.•�d.•if d, '.a, •, .°�l :D�� d° .'d. .'dn FIN FL 13.5' I I- _ > '0:•,'d•,.°b.•'b, �d,''B° .�•• '` ,1 . •O: uENCH DW L (REFAINI1111G WA L) NDS)PROPOSED < LP COVERED r 0 PORCH EL. 12' d' ,@WM PROP I (RETAINING WALL) ETLANDS) � LB.B 80' -�y/ 5 5' — W— W — 5.0' W— J� EL e3 EUGENE'S CREEK W , . . .. .— �\ \ ' ,\ ;y \.,�.�,• �::., � \ _.� �\ \, . - . \ ._._. _.�\\ .. \ ' \, MHWhJI AS PER Cal / FILE MAP �+ U FLOODI ONE / MHWMLI Q o 0 • SITE PLAN 10' WIDE PROPOSED EASEMENT 10' WIDE PROPOSED EASEMENT 10' WIDE PROPOSED EASEMENT AREA: 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. SCALE: 1" = 10'-0' EDGE OF WETLANDS 0 SCTM No. 1000-13 6-01 -5 3 . 3 a � v LOCATION : AREA: LOT COVERAGE: " o 3 AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26 ACRES G AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES Q� U 4 BUILDABLE: En II—T-4th MEETS AND BOUNDS BY: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19.1% FINAL MAP F PRCONIC SURVEYORS, JOHN T. METZGER /o REVIEWED BY ZBA PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.4 LIC. No. 49618, DATED: JULY 5,2007 0 SEE DECISION # PROPOSED COVERED PORCH: 169.7 SQ. FT. 2.5% DATFD-I l� l D TOTAL 1484.1 SQ. FT. 22.0% - RECEIVED JUL fJ•'� DRAWN ME MS SCALE: 1/4,=V-0" BOARD OF APPEALS JOB# July 03,2013 SHEET NUMBER. S- 1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Gcehringer George Homing Ken Schneider ,~'~OF SO(/l~,o~ ~~ ~O • ~O ~~yCnututy ~~ Southold Town Hal] 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: //southol down. northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 g•~~ JU 2 6 Sou holdT~ Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2013 ZBA FILE: 6652 NAME OF APPLICANT: James and Susan Brown PROPERTY LOCATION: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY SCTM#1000-136-1-53.3 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 April 15, 2013 stating that this application is considered a matter for local determination as there appeazs 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 April 29, 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 INCONSISTENT. However, the amended application, as requested by the Boazd of Appeals, reduces the proposed variance relief, removes the two proposed drywells from the AE flood zone, and includes the installation of a non-turf buffer between the wetlands and the concrete seawall. Therefore the Board finds the application CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION• Subject property is anon-conforming 11,529 square foot lot (6,739 square feet buildable area) located in the R40 zone. It is improved with a single family dwelling with attached sunroom and deck. It has 30.492 feet on Oak Street, 221.19 feet on the northern property line, 58.08 feet on Eugene's Creek and 201.48 feet along the southern property line as shown on the site plan dated March 15, 2013 prepared by Mark Schwartz and Associates, Architect. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116B and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests variances [o demolish the existing dwelling and constmct a new dwelling with a concrete seawall setback of 25.8 feet where the code requires 75 feet, a minimum side yard setback Page 2 of 3 -June 20, 2013 ZBA#6652 -Brown SCTM# 1000-136-1-53.3 of 4.9 feet where the code requires ]0 feet, 9.9 feet combined side yards where the code requires 25 feet and lot coverage of 25.1 % where the code allows a maximum of 20%. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. On May 30, 2013 the agent for the applicant submitted a revised site plan showing the 10 foot easement agreement along the southerly property line, increased side yards of 5 feet and 6.7 feet ,combined side yards of 11.7 feet, reduced lot coverage of 22% resulting from the removal of the proposed attached garage which permits the dwelling to be moved closer to the road thereby increasing the concrete seawall setback to 31.1 feet at the closest point and 45.3 feet at the furthest point. ADDITIONAL INFORMATION: At the hearing the applicant's agent submitted information on the character of the neighborhood with copies of prior variances granted. Additionally, the agent submitted an easement agreement from the adjoining neighbor on the south executed by both parties. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on May 2, 2013 and June 6, 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(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants' propose to demolish their home and replace with a much larger two story home on a lot that is extremely narrow. Many of the properties in this area are similaz to the applicants' property and have received setback variances along with lot coverage relief. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject property is very long and narrow and building any reasonably sized year `round dwelling will require variances. However, the applicants' can build a smaller home with better conformity for side yard setbacks, lot coverage and greater setback from the concrete retaining wall to reduce the substantiality of the variances as applied for. 3. Town Law. 267-b(3)(b)(3) The alternative relief granted herein for the requested variances are mathematically substantial representing a 50% relief for the single side yard, 53% relief for the combined side yards, 59% relief for the concrete sea wall set back, and 10 % relief for the lot coverage. However, the alternative relief is more in keeping with other non-conformities in the neighborhood and the applicant must comply with the storm water management code. 4. Town Law &267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential community will have an adverse effect on the immediate neighborhood. The LWRP coordinator recommends the removal of drywells from the flood zone, installation of a buffer [o absorb runoff a greater setback from the concrete seawall, and a reduction in the size of the proposed dwelling and lot coverage to improve the property in a manner that is similar to other improvements in this neighborhood of mixed seasonal cottages and year round dwellings, As per the amended application site plan, the applicants' can decrease the size of the home by at least 3.1%, which will make all non-conforming areas of this application more conforming. Additionally, the amended plan does assist in the remediation of the finding of inconsistent by the LWRP coordinator. 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. The applicant must reduce lot coverage hereby making all variances proposed more conforming. Page 3 of 3 -June 2Q, 2013 ZBA#6652 -Brown SCTM# 1000-136-1-53.3 6. Town Law 5267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfaze 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carcied, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as follows: 1. Lot coverage shall not exceed 22%. 2. The single side yard on the northerly side shall be no less than 6.7 feet. 3. The proposed two "bump outs" in the first floor plan which encroach into the southerly side yazd shall be removed, and; the single side yard on the southerly side shall be no less than 5 feet, with the exception of the proposed chimney. 4. The minimum setback from the concrete seawall shall be no less than 31.1 feet at the closest point Subject to the following conditions; CONDITIONS: 1. The two proposed drywells shall be located outside of the FEMA AE el 7' flood zone. 2. The proposed non-turf buffer shall be established between the concrete retaining wall and the existing wetlands as shown on the amended survey and the existing tree just northeast of the retaining wall shall be preserved. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applvine for a buildine 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 drawings, conforming to the alternative 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. Vote of the Board.• Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 6 /3y /2013 0 4.r1 mom"' ~ ~~~ ~ OFFICE LOCATION: ~~OF SOUjyO MAILING ADDRESS: Town Hall Annex ,`O ~ P.O. Box 1179 54375 State Route 25 y .f. Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) w ~ Telephone: 631 765-1835 Southold, NY 11971 ~ ~ ~~ Fax: 631 765-3136 ~~y00UN~'I ,~~ LOCAL WATERFRONT REVITALIZATION PROGRAM r^~~~ TOWN OF SOUTHOLD lU RECEIVED APR 3 ~ i0`~ MEMORANDUM BARD OFgppEgLS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 29, 2013 Re: Coastal Consistency Review for ZBA File Ref. JAMES and SUSAN BROWN #6652 SCTM# 1000-136-1-53.3 A site inspection was conducted on April 29, 2013. Request for Variances from Article XXII Code Section 280-1166 and Article XXIII Code Section 280- 124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%, located at: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000-136-1-53.3 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policv Standards 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. The proposed structure does not "enhance community character" of the neighborhood. The existing community is comprised of small "cottage like" residential dwellings. The proposed structure is incompatible in scale with existing dwellings in the surrounding area. Further, the size of the lot does not support the proposed size of the structure (e.g. 25.1% lot coverage, 4.9' proposed side yard setback). It is recommended that the Board clarify the location of the southern property boundary. I did not see a property marker for the southern boundary in the field. Further, it is recommended that the Board clarify the intent and use of the proposed easement to the south of the property line. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed new residential structure will be located entirely within the FEMA flood zone X. However, the two proposed drywells are located within the FEMA flood zones X and AE el 7'. In the event that the action is approved, it is recommended that the Board require that the drywells be relocated outside of the FEMA AE el 7' flood zone. 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. Site inspection indicated that rogusa rose (rosa rogusa) is located landward of the wetland line in the area identified proposed as a non-turf buffer on Sheet S-1 of the plans dated March 15, 2013. In the event that the action is approved, to further the above policy, it is recommended that the buffer be established as anon-disturbance buffer to the retaining wall to preserve the vegetation. It is also recommended that the board require that the existing tree just northeast of the retaining wall be preserved. 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. ~' RECEIVED ~~~ Cc: Jennifer Andaloro, Assistant Town Attorney APR 3 J 201? BOARD OF APPEALS ~~ ~ 11~~ ~ ~-'~~ I ~ ` \~ _ ~\~ Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Apri! 15, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: BOARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municiaal File Number Brown, James 6652 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc RECEIVED APR 1 9 2013 H. LEE DENNISON BLDG ~ 700 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BOX 6700 ~ HAUPPAUGE, NY 11TBBA099 ~ (611) 859-5197 M ~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 10, 2012 ~ / S Revised: March 20, 2013 l~ TO: Mark Schwartz ~ RECEIVED ~ For: James and Susan Brown P.O. Box 933 APR 3 2013 q~°,~1~. Cutchogue, NY 11935 Please take notice that your application dated April 6, 2012: BOARD OF APPEALS For permit for demo and reconstruction and alterations/additions to existing seasonal cotta e at: Location of property: 170 Oak Street Cutchogue, NY County Tax Map No. 1000 -Section 136 Block I Lot 53.3 Is returned herewith and disapproved on the following grounds: The nronosed demolition reconstruction wlh alterations/additions, on this non- conforming 8102 sa ft lot (6590 buildable) in the R-40 District is not allowed pursuant to Article XXII section 280-116 (B) which states "All building or structures located on lots upon which abulkhead/concrete seawall .exists . shall be set back not less than 75 feet from the bulkhead." The site plan shows a setback of 25.8+/- feet from the bulkhead. In addition pursuant to Article XXIII nSection 280-124 non-conformine lots, less than 20 000 square feet shall maintain a minimum side vard of 10 feet the site plan shows 4.9 foot and both side yards shall have a total of 25 feet the site plan shows 9.9 +/- feet. Additionally the total permitted lot coverage is 20% the site plan shows 25.1%. ilil.(AA.(~ authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. • Filed B + ~ Assi nment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 170 Street Oak Street Hamlet CutchoEue ~I:f,EIVE[) APR 0 3 201"l OFAPPEALS ~O ~.~ SCTM 1000 Section 136 Block 1 Lot(s) 53.3 Lot Size (a~9,614 sq.ft. (Buildable 6,739 sq.ft.) Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 20, 2013 BASED ON MAP (Prepared by Mark Schwartz, Architect 1 dated March 15, 2013 and survey prepared by Peconic Surveyors showing existing structures Applicant(s)/Owner(s): Denise & Jay Brown Mailing Address: 22 Sherwood Lane, Stormville NY 12582 Telephone: c/o Pat Moore 765-4330 Fax #: 765-4663 Email: pcmoore(a~mooreattvs.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( )Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoore a(~mooreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: ^ Applicant/Owner(s), or 8 Authorized Representative, ar ^ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3/15/13 and DENIED AN APPLICATION DATED Apri16, 2013 FOR: 8 Building Permit ^ Certiticate of Occupancy ^ Pre-CertiScate of Occupancy ^ Change of Use ^ Permit for As-Built Construction OOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (B) setback from bulkhead/sea wa1125.8' 2. Closest Side Yard 4.9' and both yards 9.9' ~~T~ X ~~~ ~~ ~Od i~a~ 3. Lot Coverage 25.1% Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ^ A Variance due to lack of access required by New York Town Law-Section 280-A. ^ Interpretation of the Town Code, Article Section ^ Reversal or Other a~ECl:avED~ ~ S~ ~ u~~ o ~ 203 130ARD OF gppEALS A prior appeal , X has been made at anv time with respect to this property, as Appeal #4983 dated 8/16/2001 1000-136-1-53 (and 52 of J. Brown) UNDER_(P/ease be sure to research before completing thrs question or ca// our office jor assistance.) Name of Owner: Denise & Jay Brown ZBA File # ~~ REASONS FOR APPEAL (additional sheets may be used with nreuarer's siYnaturel: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is lot number 8 in the subdivision known as Map of Eugene Heights filed on October 29, 1928 as file number 856. This and surrounding homes pre-date zoning. The house needs to be renovated but the amount of work required makes the renovation impractical. The existing setbacks to the sea wall are 13.9 feet and to the edge of wetlands 44.6 feet. The existing house will be demolished and a new house constructed which is more conforming to [he zoning setbacks. The new house will be centered on [he property and provide for a northerly side yard that is increased from .6 inches to 5 feet. The southerly setback is 4.9 plus 12.5 easement with open area between the two properties being maintained. The plan is prepared by Mark Schwartz, Architect. in keeping with the character of the neighborhood. The Zoning Board approved the lot line change (with area variances for the post lot line change lots) and determined that the Brown property would be increased in size from 9,972 sq.ft. to 11,529 sg.ft; the proposed size of the house is 1,680 sq.fy the lot coverage using the Zoning Board's approved lot is 14.57 %. If only the buildable land is used then the lot, as approved by the ZBA in 2001, is 6,739 sq.ft. It is not clear if Appeal #4983 dated 8/16/2001 also received an area variance prior to the lot line change. If the Brown lot received an area variance then the reduction of the lot size as "buildable area" may not be applicable. Nevertheless, the adjacent easement provides an additional 10 feet along the house. The proposed house is slightly larger and meeting the NYS building codes, the proposed lot coverage is 25.1% The house remains small and in conformity with the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the lot is pre-existing nonconforming. In 2001 a lot line change was granted with area variances (#4983 dated 8/16/2001) to increase the side yard setbacks. The two parties to the original lot line change (Monk & Brown) were prepared to pursue a second lot line change in order to increase the side yards between the two properties again. However, the cost, process, and purposes of a lot line change can be achieved with an easement. The Browns and their neighbor are prepared to exchange an easement which will keep the side yard between the two properties "oxen and unobstructed" for emeraencv vehicles and other lawful ourooses The side yard of the Brown's house and the easement area on the neighbor's property leaves more than 15 feet of unobstructed passage. The lot is only 50 feet along the street and 58 feet along the water, therefore building a residence with comfortable livable space is a challenge and requires variances. (3) The amount of relief requested is not substantial because: The property is narrow and located on Eugene's Creek. The concrete sea wall is a retaining wall, the setbacks to the edge of the wetlands adds another 53.4 feet on the north and 30.7 feet on the south. The property line on the filed map runs along the Mean High Water Mark of Eugene's Creek and extends almost to the seaward end of the dock. The Brown's property extends out into Eugene's Creek significantly further than his neighbors. The new dwelling will be pushed back 17 feet to the covered porch, in line with neighboring homes. The new home can not be moved back any further because the sanitary system is located in the front yard and takes up most of the front yard. IZECEIVED ~~s'~ APR ~ ~ 2013 30ARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property was previously developed, public water is in the street. The proposed new house is being made more conforming to the required setbacks. The sanitary system is also conforming to the current standards and located in the front yard. The property is protected from flooding or erosion by the sea wall and the elevation. The extensive land area (marsh) along Eugene's Creek protects both the environment and the home. The proposed new house is set back away from the wetlands. (5) Has the alleged difficulty been self-created? ()Yes, or (X)No The existing home ispre-existing nonconforming as to set backs. The lot is reduced in size by almost'/z when "buildable area" is considered for the setbacks. The Zoning Board approved an area variance for the lot, increasing the size of the parcel by the neighbor's lot line change. If the lot size remains as approved by the zoning board and planning board, the lot coverage of the property would be conforming. The easement between the neighbors will keep the side yards clear of structures benefltting both property owners. Covenants and Restrictions concerning this land: X No Yes (p/easejurnish 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. Check this bax () /FA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to consult your attorney.) / ,, l Si re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn t e[ore me this ~~ day of "~ ,20 ~~ Q 1._P/~------- BETSY A. PERI4NS ~lotary Public, State of New libfk No.OtPE6130836 Qualified in Suffolk CommiSSlOn Expires July 18, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Denise & Jay Brown_ Date Prepazed:March 22.2013 I. For Demolition of Existing Building Areas Please describe azeas being removed: house II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension-new dwelline Dimensions of new second floor- Dimensions of floor above second level :none ~~5~ RECEIVE[ ~4PR U 3 2013 $OARD OF APPEALS Height (from finished ground to top of ridge): 31' 8 1/2 Is basement or lowest floor azea being constructed- If yes, please provide height (above ground) @ 1-6" (will comply with flood requirements) measured from natural existing grade to first floor: 10' elevations and floor plans provided III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Proposed construction 1,687 sq.ft. Proposed increase of building coverage: Squaze footage of your lot: 11,529 SF (ZBA area variance from 2001); buildable area 6,739sq.ft. Percentage of coverage of your lot by building azea: 25.1 V. Purpose of New Construction Requested: existing house is nonconforming, new house will be centered on nronerty, more conforming and conform to current codes & ene_gy standards. The family needs safe living space. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): sea wall retaining wall and large marsh area reduces the "buildable area" of a small pre-existing nonconforming lot The house can not be reconstructed without variances. Please submit seven (7) photos, labeled to show all yard azeas of proposed construction (after staking corners for new construction), or photos of existing building azea to be altered with yazd view. 7/2002; 2/2005; 1/2007 %-~ %~ ,~~, QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER:Denise & Jay Brown SCTM: 1000-136-O1-53.3 A. Is the subject premises listed on the real estate mazket for sale? ^ Yes 8 No B. Are there any proposals to change or alter land contours? 8 No ^ Yes, please explain on attached sheet. (~~Sa ~EGEIVE® APR (~ 3 2011 t10ARp OF gppEALS C. 1) Are there areas that contain sand or wetland grasses?~_ 2) Are these areas shown on the map submitted with this applicationv ~s 3) Is the property bulkheaded between the wetlands azea and the upland building area? yes sea wall 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: once ZBA variance is issued and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no 1 f y e s , please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? _no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ore-existine nonconforming single tamily dwelling (to be demolished) and proposed use new single tamily dwelline with attached one car earaee Sexam his... fisting: single-family; proposed: same with garage or pool, or other description.) ~~~ 74 ized Signature and Date 2/05; 1 /07 l • / ~ ~.• AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD W ~ ~~ t~EP.EIVE® APR ©3 201"1 BOARD OFAPPEALS WHEN T, O USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan approval, use variance, or subdivision approval on property within itn agricultural district OR within 300 feet oja farm operatit?n'located in agrlcriltural district. All applications requiring an ugricnltura[ d6ta statement must be referred to the Suffolk County Department of Planning in accorda»ce with Sections 239- m and 2.19-n of 1he;General MtinicipaClaw. 1) Maine of Applicant: r i"A-` •21 C t F1 ( ~ ('~;r 2) Address of Applicant ~ S l C4~G ~-i.A t l,,~ dZ~ p S(~~-y~,~j~ ~ ~1~_ 3) Name of Land Owner (tf other than applicant) . ~ A4-tt~ ~ ;~- ir_tsr. ,~,ey~y.1 Q) Address of Land Owner: ~ 5 ti=e ui, ,fr t ~t-r I,- c-n~o ,~, , , , . , >- „ ~ . c1 e .~ 6) I:oca ' of Property (road and tax map numbe 1 "~~ pp~ S~ (; ~,~~~~, i ~ SC'j}{' IOt~ I~(i 77 Is the parcel within an agricultural disttict~No Yes If yes; Agricultural; District Numlier 8) Ts this parcel actively fatrned?~o Yes 9j Name. and address of any owner(s) of land within the agricultural district containing active farm operation(s) toasted 500 feel of the boundary of the proposed project. (Infprmation may be available through the Town Assessors Offce, Town Ha1I location (765-1937) or from any public.cornputer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System: Name and Address I (Please use back side of page if more than six property owners ere identified.) The lot numbers maybe obtained; in advance; when requested from either the Office of the Planning Board At 765-1438 or the Zoning- and of.4ppeals at 765-] 809. 3 ~~ -~ gnature of Applicant Date Note: 1. 7Le 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 pperation.-Solicitation will bemade by supplying a copy of this statement. 2: Comments~retumed to the local board will be taken into consideration es part of the ovewll review. of this application. 3. Copies'of t}ie completed Agricultural Data~Statement shall be sent by applicenf and/or the clerk bfthe board to ilia property owners identified above. 71~e cost fpr mailing shall be paid by theapplicant at the time the application is submined for review. Failum to pay at such time meansthe application is not complete anti cannot be acted uponby the board. - l - ~,3 1-14-09 • ~ ~~s ~ 877.20 DECEIVED Appendix C State Environmental Quality Review 4NR 11 ,`i ?Oi~? SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only R®ARD OFAPPEALS PART I -PROJECT INFORMATION fTe he rmm~intarl by Annlieanf n~ Pmicrt Rrv~nenrl APPLICANT/SPONSOR - 2. PROJECT NAME Q c~ ~ c t a C M o~~ 2 OW -J 3. PROJECT LOCATION: ~' ~~-~ l ~b G o Munldpaliry ~ CourHy J 4. PRECISE LOCATION (Street adtlress and road infersedions, prominent landmarks, etc., or provide map) ~ ~~ 14 ST~~T 1 ~ l.1-~ L~11~r~w ~- 5. PROPOSED ACTION IS: ^ New ^ Expansion ~ ModiOcatioMeltera0on 6. DESCRIBE PROJECT BRIEFLY: C aeM~~,~;~, ~ ~~f~,~~~~,~~ ~. Si~tgle -t~,,,~.~~d,~,elc,r'~ w~.a1~ a~Ghed ~r.e CcL~ c~cira~e- 7. AMOUNT OF LAND AFFECTED: /~ Initially ~ acres Ultimately + 5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE~j ESTRICS~Ijt~',~ 7 yr,J ^ Yes ~ No If No describ bri fl / X iLZG i yB ( /O/l "rL{ ~GC , y ~~~ e e (/ ~ (. i /L /t CO O~( // ' K S J 5Gi ~ayP- 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ,~ Residen0al ^ Industrial ^ Commerdal ^ Agricuaure ^ Park/FOresVOpen Space ^ O[her Describe: 10 . DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ^ Na If Yes, list agency(s) name and penniVaDProvals: ~ (}iy~euo 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ^ Yes ®No If Yes, list agenq(s) name and penniUaDProvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMR/APPROVAL REQUIRE MODIFICATION? ^ Yes No ICE JFY INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDG ~ ApplicanVSponsor me: r~~ ~S C M~C'_ Date: ~^~~'13 Signature: ~~ ~~~~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II -IMPACT ASSESSMENT !Tn he rnrnnrn~s.i /... t esw e..e.....,e A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 8 NYCRR, PART 817.4? V If yes, coordinate the review process antl use the FULL EAf. Yes ~ No 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 617.6? Ii No, a negative dedaretion maybe superseded by another involved agency. Ves ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, tl legible) Ct. Existing air quality, surface w groundwater qualtty or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaedogical, historic, or other natural or cultural resources; a wmmuniry or neighborhood charadert Explain briefly: C3. Vegetation or fauna, fish, shellfish or wiltllife speces, signficent habitats, or threatened or endangeretl species? Explain briefly: C4. A community's existing plans w goals as officially adopted, or a change in uae or intenstty d use of land or dher natural resources? Explain briefly: C5. Growth, subsequent development, or related actlNties likely to be Induced by the proposed action? Explain Dnefly: ~ ~ ~~ ~2ECEIVED G6. Long term; short tens, cumulative, or other effects not WeMifietl in C1-C5? Explain briefly: ~1 [aPR V ~ 214 C7. Other impads (inUuding changes in use of either quantity or type of energy)? Explain briefly: BOARD OF AppEAIS D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No It Yes, explain briefly: YAK I w - DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: Foreach 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) tluration; (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 identifed antl adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed actton on the environmental characteristics of the CEA. Check this box if you have identfed one or more potentially large or significant adverse impads which MAV occur. Then proceed directly to the FUL EAF and/or prepare a positlve dedara8on. Cherie this box if you havedetermined, based on the intormation and analysis aboveand any supportingtlocumentation. NOT result in any significant adverse environmental impads AND provide, on attachments as necessary, the reasons Name o Leatl Agency Print or ype erne o Response le cer in Lead Agency deo esponsible cer Signature o Response le cer in ea genq egnature o parer ( di rent rom response e o cer • • REC.E1VEtR J / ~~ qFR l;i 201 APPLICANT ~OARO OF APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) YOUR NAME: BROWN, JAMES & SUSAN AND MOORE, PATRICIA (Last name, first name, middle initial, unless you aze applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat _ Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corpomtion); B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTTON OF RELATIONSHIP Submitted this 1 day of ~~w~~ Signature ~JG~~- Susan BropW/~ L"' Patricia C. Moore • • IIECEIVE®/ / S a aPR U ~ '1.013 tP LWRP CONSISTENCY ASSESSMENT FORM ~UARO 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). 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# 1000-70-04-11 OWNER:Denise & Jay Brown AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Boazd _ Planning Dept._ Building Dept. _Boazd of Trustees _ Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance V Nature and extent of action: demolish existing house and construct more conforming / _ ~~ house Location of action: 170 Oak Street. Cutchoeue Site acreage: 11 529 s .ft. Buildable area 6 739 s .ft. Present land use: single family dwelling Present zoning classification: rr=40 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: Denise & Jay Brown (b) Mailing Address: 22 Sherwood Lane, Stormville NY 12582 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY i7 S RECIEIVE6 NPR 0 3 2013 iIOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community chazacter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. X Yes No Not Applicable the house and property is preexisting nonconforming The proposed house will be moved back from the sea wall & wetlands The proposed house is set back in line with the neighborhood. Policy 2. Protect and preserve historic and azchaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identi£ed as area of Archeological Sensitivity or on the National Register on Man produced by NYS Dept. Of State. Division of Coastal Resources 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 X Yes No Not Applicable The proposed house will be in keeping with the surrounding homes Drainage will be • • `~I~eavEl~ 4Nu (f 3 201; provided which prevents non-point source pollution prevents flooding and erosiona0AR0OFAPPEALS ~ws~ 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 X Yes No Not Applicable No effect on flooding or erosion. Extensive marsh and sea wall protects upland property from flooding and erosion Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regulatory standards An updated sanitary system is located in the front yard and replaced the old nonconforming stem Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable new house will not adversely impact ecosystem. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use Standard building codes compliance prohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. _Yes XNo Not Applicable • • ~It:EIVEf~ b loS~ d.Pli 0 ,i 2Q13 The parcel is private ownership 1t0ARD DF APPEALS WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property in establish property and neighborhood will not adversely impact coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. _Yes No X Not Applicable ,property is protected from encroachment into wetlands by existing sea wall Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture . Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no signi£cant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 !~ l ~~_ JAMES & SUSAN BROWN 22 Sherwood Lane Stormville NJ 125 March 25, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: L~~S~ ~r;ceavEt~ /aPK U ~ 201 ~DARD OF APPEALS We, as owners of property known as 170 Oak Street, Cutchogue, New York, (sctm: 1000- 136-1-53.3) we hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals and any other agencies. Very truly yours, James Brown Susan Brown TOWN OF OUTHOLD BUH.DIEPARTMENT TO WN gggggg~~~~~~~~„,, SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northtork.neUSouthold/ PERMIT NO Examined 20_ APProved_-____ . 20_ Disapproved a/c ~LDING PERMIT APPLICATION CHECK Do you have or need the following, before appl Board ofHealth 4 sett of Building Plan Planning Board approval / /- Septic Form-~----'~ ~~ IW.. t(J N.Y.S.D.E.C~- RECEEi/ED rmstus_ _-- -~-~_ c ~ ant,cr APR 0 3 ?0? < Mail to: Ezpvation_ ~~_ 29 ~. '~ SOARD OF F APPEALS __ ,~,I JAN ~ ~~ ?0~3 Building Inspector ', - _- ' ~j APPLICATION FOR BUILDING PERMIT Date_ ~-~ 2U INSTRUCTIONS 1. a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of ]ot 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 shag 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 wiffiin l2 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 th< property have been enacted in the interim, the Building inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, 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 c d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signffiurc of applicant pr n e, if a rporation) j / DZO ~Ct~it ~aG~ c'~ ( lingCad ass°o~j°applicm1t State whether applicant is owner, lessee, agent, architect, engineer, general ontractor, el~trician, p tuber ~kier ~,.i Name of owner of premises If applicant is a corporation, signature of duly authorized offcer~ roll or (Name and title of corporate officer) Builders License No. Plumbers License No. Electlrcians License No. Other Trade's License No. 1. Location of land on whichRrop~ed work tyi11 be done: _ /70 Y~~ `~rv ~. House Number Street County Tax Map No. 1000 Section /,7j/p p Subdivision (Name) ucett) u~.,. .. Map No. Lott ... ---__ ....r.a: ~' - - . 2. State exist~se and occupancy o1 a. Ex use and occupancy ~~5~ FtFClFxilE® ,.:~Ni{ U ~ ZJIa b. Intended use and 3. Nature of work (check which applicable): New Repair- Removal __- use at~upancy of proposed construction: - ...o~wun Other Work ------- 4. Estimated Cost (Description) Fee 5. If dwelling, number of dwelling units / Number of dwelling(units onaeach flolorg this application) If garage, number of cars T~tlARD OF AppEA~ G. If business, commercial or mixed occupancy, specifyunarture and extent of each type of use. _ Dimensions of a 'stingg structures, if any: Front /,7 Height 8 f Number of Stones- / Rear °23 /3. `j Depth -- ~_ Dimensions of same structure with alterations or additions: Front ~/,$- 3 Depth Height 3/ ---------Rear ~.7 ~ Number of Stories 8. Dimensions of entire new construction: Front ~• 7 Height _ ~- / c-L,~-Number of Storie~Rear~p~ -- 9. Size of lot: Front ~%7 / _Rear_~ Depth o2 9p `y- -~~_ 10. Date of Purchase -~_Name of Former Owner 1 I. Zone or use district in which premises are situated ~ ~a 12. Does proposed construction violate any zoning law, ordinance or regulationT YES NO_ 13. Will lot be re-graded? YES- NO~WiII excess fill be removed from premises? YES- NO_ 14. Names of Owner of premises ~ a~~.$~h~i1-t22R~~~ 5}a~rr+ui/k ~y/zsd'Z Name of Architect-~ Address-~~phone No. Name ofContmctor ---__PhoneNo 735 /,y;y Address -~_phone No. 15 s. Is this roe ~'~' P P rtY 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 ItEQUIItED. - (~ l~l~(~l ~oiv~' ~ ~> 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at ]0 feet or below, must provide topographical data on survey. STA'L'E OF NE W YORK) ~'~/~u~~~S~S: COUNTY OF1~'/ ~~of mdi~~tt"~ being duly sworn, deposes and says that (s)he is the applicant tgmng contract) above named, (S)He is the r, ~_. _ „ •--°~-~•y.. rysc.n, corporate utticer, etc.) of said owner nr 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. Sworn t afore me this day of 20~ Notary Public BEPSYA PERgNS Noary Pttbpc, Stets of Newybdt Na 01 PE1i190898 QuelMed to StAbNt Catq~pr~ 1~ Cotrxnleabn. Ettpiree JtAy 18,C(~Q v Gl- Signature of Applicant oa a OWNER I ~ +~ -~, ~e~u 1 to jI RES. ~O SEAS. LAND IMP. ~~ a ~~ ~ ~F~ ask u;~ zor _ _ _ ~®qRD DFq ppEACS TOWN OF SOUTHOLD PROPERTY RECQRD -CARD STREET 3~ VILLAGE - ,c DISTRICT SUB. L0.T ~' i `t' ~/-~°G~ v/G ~lo tie •1~~ v . N E ACREAGE ~ S W TYPE OF BUILDING ~ , VL FARM COMM. - IND. /a ~~ CB. MISC. Est. Mkt. Value TOTAL DATE REMARKS~~Q/I/ l~f-~d j- " o fo /a' / P f~ 'F r~. >a ~ boa. .f ~~.~ (ri._i_. .. _ F / a/r. ~J~o lto< ~ /7` AGE ,~ NEW Farm ~ ,311ab1e 1 Tilloble 2 Tillable 3 Woodland Swampland Brushlond `•+ House Pfot Total ~_i BUILDING CONDITION NORMAL BELOW ABOVE FRONTAGE ON WATER pare Value Per Acre Value FRONTAGE ON ROAD BVLKHEAD 3 ~wr, v /~- /S~ ~J= 6- rj tiP.R 0 ~ 20r. ~~D OFgppEgLS _. ., .. ~ i APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ~~o~„-- -~ coGy d+ W ~ oy~ol ~ s ~ao~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DECISION MEETING OF AUGUST 16, 2001 Appl. No. 4983 - JOYCE G. MONK 1000-136-I-53 (and 52 of 1. Brown) Location of Property: 130 Oak St., Cutchogue Date of Public Hearing: August 16, 2001 FINDINGS OF FACT ~~~c~rve~ (~ ~ 5a ,pk 0 3 z01~ BOARD OF APPEALS PROPERTY FACTS: Applicants property is a lot of 15,273 sq, ft, with frontage of 49.55 feet on Oak Street in Cutchogue and depth of 230 feet (North) and 166 feet (South) to Eugene's Creek. I[ is improved with a 1-1/2 ston• frame house. BASJS OF APPEAL: Building Inspector's Notice of Disapproval, dated May 2, 2001, denying a request to move the northerly lot line 7,45 feet to the south because the resulting lot, at 13,716 sq. ft., is less than the 40,000 sq. ft. required in the R-40 zone. AREA VARIANCE RELIEF REQUESTED Applicant requests a variance authorizing the reduction of her lot by 1557 sq. ft, by sale of a strip 7.45 feet wide along the northern boundary• to her neighbor, James Brown (SCTM 1000-136-I1-52). REASONS FOR BOARD ACTION DESCRIBED BELOW On the basis of testimony presented, materials submitted and personal inspection. the Board makes the following findings: 1. Lots in this neighborhood are small and the houses, which predate zoning, are close together. The lot of applicant's northerly neighbor, James Brown, is so narrow that his house lies virtually on his northerly and southerly lot lines. He cannot go from his front to his rear yard without passing over applicant's property. 2.Applicant proposes to sell a 7.45-foot strip to Mr. Brown, giving him a southerly side yard of +/- eight fcet. His lot will increase from 9972 W 11,529 sq. ft. 3. The proposed lot line change will have no effect on the appearance of the properties and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. The action set forth below is the minimum necessary to enable applicant to arrattge a reasonable lot line with her neighbor, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACT[pN: On motion by Member Collins, seconded by Chairman Goehringer, it was Pege 2 -August 10, 2001 Zl3A Appl. No. 4983 - J. MONK Re: 1000.138-1-53 (and 52) at Cutcbogue RESOLVED, to GRANT the variance applied for. ~~~ ~ at:('E1VE® r. p ~? U ~; 2.013 dUARD OF APPEALS This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Collins and Horning. (Member Tortora was absent) This Resolution was y adopted (4-0). , Approved for Filing RECEIVED AND FILED BY THE SOUTHOLD TOYJN CLERK DF.TE 8~d ~ ~ HOUR ~ a;ia pq Town Cierk, Town of Southold REVISIONS: .~ ~ , _ ~ ~ 1 t :~ ..... 1 .~ ~ M - ~~ . ~1y. `; U h PHOTO No. Ol PHOTO No. 02 PHOTO No. 03 PHOTO No. 04 PHOTO No. 05 PHOTO No. 06 c a } ~$~ - •-. W )<~ ~ y 1 ~+ , K~ 1+ ~`~C, ~. ,et ` ~T it %. _ f ~ r. A + i ~ - Is ~ V1 ~,~,~'~''~ I z ~ 0 y~ .w s. ...:. „ 1. Q Cta ~ ~ O PHOTO No. 07 PHOTO No. 08 PHOTO No. 09 PHOTO No. 10 PHOTO No. 11 PHOTO No. 12 Q°x ~ w z ~ ~: ,. ~ H Q ~ Q 1~' , Q ,~~~ ,~; I ~ --~-- PHOTO No. 13 PHOTO No. 14 PHOTO No. 15 PHOTO No. 16 PHOTO No. 17 PHOTO No.18 ~ W z ~ ~~ y °~ ~~~~ ~ S~ o '~' _ f ~~X;~ ' r' , ~ -~ f', 1 A,, ka ~ 3 ~=- ""-...' .{~~(~~' ~~r- ~~ ORAWN'. MH7M5 •~ ~ p o •... . ~i+ ~.~' a :~ ion a: is+~ .~~ :, ~ v "a~. "1'^ March?6.2013 ".. "" ~~lk ,!'i rL' `,-r~~~ .'X.7`.4 oT.1l~ SHChI'NUMnCR: PHOTO No. 19 PHOTO No. 20 PHOTO No. 21 S_2 ~G, ~~J L ~~~ RECEIVED APR 0 3 1~'' BOARD OF APPEALS e~°~~~G, P izr ,`` l~O ~Qy"~.~4 _Qr,~~7Y a.a_~ ~k~ i i.a' ~1 '~ ~~' ~ y e-~ P~ oOJG yy ~~ ~~ ~v`~ TRONN SILTY SAND SM r Rs- ~L X21 \ ~~:~ \ ~ ZOME X ~st ~~ p O~ ~`~~~ O O~' TEST HALE DATA McDONALD GEOSCIENCE 01/06/13 EL. 10.5' DARK BROWN LOAM. OE , ^-Mav~.-~NT ~ = WERAND FLAG WETLANDS FLAGGED BY EN-CONSULTANTS JULY 27, 2012 EL. 0.T LOT M.MiBERS REFER TO 'MAP OF EUGEI~ HEIGHTS' FILED IN ThE SLFFLrK LnC.NTY CLERK'S OFFICE ON OCT. 29, 1928 AS FILE NQ 856, ANY ALTE74ATD]N OR ADDITIOIJ TO THIS SURVEY IS A VDJLATIQN OF SECTION 7299 OF ThE PEW YORK STATE EDLIG4TION LAW. EXCEPT AS PER SECTION 7299-SLBDMSION 2. ALL CERTIFICATIDNS FE7~ON ARE VALID Fd7 THIS Af4P MID COPIES TFEREQ~ ONLY IF SAID HAW OR COPIES BEAR Tff DEPRESSED SEAL OF TFE SLFtVEYOR W,IOSE SIOy4Tl1~ APPEARS HEREON ~. 4LE BROWN FINE TO MEDIUM SAND SP SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-136-01-53.3 SEPT: 14, 2000 N04EMBfR 3, 2000 (REN5IQN) APRK 16, 2001 RfN570N .R/NE 19, 2001 fRENS10iV~ [~ ocTOBER 30, tool (cERnPTCAnoNS) ~C/NE 28,. ?005 (DOCK d WETLANBS) LoT9 ti~ ,,v;r ~ 2oor(rcwo, ~ Fuca FcooD zaNE) fEgRUARr 6, 2013 (UPDATE d B.O.N) ~, o ~ ~ MAR. 14, 2013! oddlllona) ~ v ^\ ,v `'`~.Ztg " •' Q er\ ~ ~. ~,~., Y ~~ / • Y Y Y ~Totn pF. ~ 0~'~'1` .'Y Y Y Q ~;Q' ~~~~~ Y Y J' \ "7" \` d. Y Yom/ .~•' ~ Y ~5 .• ao~ , ~~~ -~ G 4 TER IN PALE BROWN FlNE TO MEDIUM SAND SP NOTE.- WATER ENCOUNTERED 9. B' BELOW SURFACE ELEVATIONS REFERENCED TO N. A. V.D. 1988 FLOOD ZONE FROM FIRM MAP NUMBER 3610300163 H SEPTEMBER 25, 2009 ,_ ~~ 40~~ cF ra~~,, 739 Sq.ft. per Filed Map=11,529 Sq.ft. ~T. 14, 2000=8,102 Sq.ft. ~~ ' `~ /~/1aa`~.w NY.S. LTC. N0. 49618 QIV ~ ~aG-=O ~ PEC~JIC YQ4S, P.C ~J~°tva SSA C631> 765 -5020 FAX~C631> 765-1797 P, O, BOX 909 1230 TRAVELER STREET 0 O _ p SOUTHOLD, N.Y. 11971 G N,O for i ELI7.ABETHA. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER h~o~~g~fFOl,~-~O G o y~ h Z y ~ !~ ~~1 # Sao Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631)765-1800 www. southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 5, 2013 RE: Zoning Appeal No. 6652 Transmitted herewith is Zoning Appeals No. 6652 of Patricia C. Moore for Denis & Jav Brown- 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, Authorization Letter from James & Susan Brown to Patricia Moore to Represent Them in this Matter, Copy of Application for Building Permit Dated January 23, 2013, Copy of Notice of Disapproval from Building Department Dated March 20, 2013, Two Pages of Property Record Card, Two Pages of Findings & Determination No. 4983 Dated August 16, 2001, One Page of Photos, Copy of Survey Showing Property as it Exists Dated March 14, 2013 Prepazed by Peconic Surveyors, Four Pages of Plans Showing Elevations & Floor Plans Dated March 22, 2013 Prepared by Mazk K. Schwartz -AIA, Site Plan Showing Existing & Proposed Construction Dated March 15, 2013 Prepared by Mark Schwartz -AIA. Town of Southold • P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 04/05/13 Receipt: 148365 Transaction(s~: Reference Subtotal 1 1 ZBA Application Fees 6652 $2,000.00 Check#: 2952 Total Paid: $2,000.00 Name: Brown li, James 22 Sherwood Lane Stormville, NY 12582 Clerk ID: CAROLH Internal ID: 6652 ZBA APPEAL #6652 JAMES & SUSAN BROWN PREPARED BY: RECEIyED MAY n 2 2013 80ARD OFgppEALg PATRICIA C. MOORS ESQ. REVISIONS: i' i~ 2u 4 m ^ ~ ~~~ R ,~~°P I ~` u d ~n z z F o Fw., a °z 0 ~i w 0 ~ o O ~ H ~ d ~ WIC 0 x+ N o °i ~ u o O o, ~ w DRAWN: A01/MS IORN Decaeba 01, 2011 SHEET NUMRF,R: A-1 I REViSIONS:I i•. .•i IMF t ,~ a 3 a ^~ C ~~°~° ~~ u l 6 ~ z O a F w W W H ~y ~ y ~ a C/~ O z a o ~ ~ A ~ W a~ ~ W~ x ~~ ~~ O a~ w A-2 / / / / ,/ / / , / l / , / f / J / l / J ~. ~. _. _.~ .j ,f ,f ,f ,l ,f ,~ ,f ,f ,f ,r ,f ~ % ~ % ~ % ~' / 1 / 1 '/ / / / / 1, / / ~ ! ~ 1 ~l ,/ ,/ ,f ,f ,f ,~ ,f ,f ,f ,f ,f /„. l„, t,, l„. l„~ ,;,, ;,, ;,, l,, 1„, l„ RECEIVED ~ % ~ % ~ % ~ % 1 / / y / / 1 'f i , 'fr ~ 'fr ~ 'jl 'I i 'f f '/ f/ ~l~ U 2 20 t 3 MAY BOARD OPAPPEALS m ~ ® ~ '~ • s °o°o°o°o°o °o°o°o°e°o°e°e°$o°o°o°o°o°oo°o°0 000oooo°epooo a°ovooeoo°o ooooo°e°eoe°o°oo00000000 oooeeoooo°oo0 00°0°0°0° °o°o°o°o°o°o°o°o°o°o°o°o°oOo SOUTH ELEVATION SCALE: 1/6" = 1' ,``,ryryrr i Y~ - - EXISTING SOUTH ELEVATION scaLE: 1/s" = r I REVISIONS:I iiH~~~ s ~a a.T g" z ~° X G u z z 0 O r.r W W ~ o ~ o r7+ i d! F ~ .. z h !'I~ w ^ ~ O QU 0 a w " n 3 P A-3 REVISIONS: i~ ~i 0.~~ ~ °> Y r e " ~ ~ V] z o w ti ~¢ W ~ ti 0 a ~ ~ z a o qA d w ~ ~~ O ~~ x ~o ~ '~ x ~ pU ~ °a w DRAKTI' MN/MS SCALE 1/1"~1 b' lOB M: DanMmr 01, 3011 SHEET NUMBE0.~. A-4 Print -Maps • bing Maps 170 Oak St, Cutchogue, NY 11935 My Notes !~ RECEIVED ~~ ~~~ MAY ' 2 2013 ~~ARD OF APPEALS a ir:e :~ m.biny.com : -ra s. 'lqt' Page 1 of 1 http://www.bing.com/maps/print.aspx?mkt=en-us&z= l 8&s=b&cp=41.016280,-72.47146... 11 /30/2012 Bird's eye view maps can't be printed, so another map view has been substituted. 511/19 laserfiche We6Link SOUptoldWeblink PesueecerPa9~ 'so ~1 Fpm Logout nbwebL~ Browse Search '. 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BOARD Of ARP' ^ ~ c °~ ^~ COUNTY OF SUFFOLK © _ -- -- -- -- ~ ~~ NorlcE e O .~ --N _ ~~__~ _ ~ ~- ~w.~e~Ew,e,,,,,o„.~a+ Real Property Tax Service Agenry r ~~ vY. - w T * Camly fawvRMTW,NY HYEI -_ --`-- ~"~••--•-- a~saxeoisnru wv iewro.e .eo rze* N :ws.°:.. .awe xuw wrtw:m w*xoorrninvx remuvux orlw ~ - -•-- . °Ytl1"°--r..-- wwuv wiermsemrov¢wca'r~xcr. P . - ve:u.. ~_. ~~ SOUIMOLU SECTION NO ,,, ~~ 736 ~.w~c..A.N O.n..~n~: PROPERTYW _.. .._._...._.`___. ~ S G ~•~Mary° 1'Y~ufi+tieWd ~eaa, ~ ~. t..i W E • -.. y35 M,~,,a~..a _e ~.u Yc Fo~~e ~ m N i~~•9~89 ~ 3T1 a A > pew, add.f, ow, ~~~°1 -~~aa~- p~~~ add f, wa ~~ • ,N5„s~ RECEIifED ~ e~ eeweae se~bac ki' 'j5 ~v-.in<.z~ RQVa .rQOw~yvAa ~! MAY ~ 2 2013 BOARD OF APPEALS CF APPEALS BOARD MEMBERS Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SANICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS App1. No. 3870 TELEPHONE (515) 785-1809 FAX No. (518) 705.1823 ~~~~ RECEIVEp MAY 0 2 2013 ®OARD OFAPPEA~ Matter of MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (.Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000, Section 136, Block O1, Lot O1. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MATTHEW CUSUMANO, under Appeal 3870; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the east side of Harbor Lane, Town of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 1. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) for permission to construct deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setback. RECEIVEp MAY 0 2 2013 Paye 1 - Appl. No. 3870 Matter of MATTHEW CUSUMANO Decision Tendered December 19, 1989 80ARp OFAPPEALS ds'~ 3. Article XXIII, Section 100-239d, All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than Sounds shall be set back not less than seventy-five (75) feet from the bulkhead. 4. The subject premises for the one story extension on the west side is known and referred to as being 17.6' by 19.0', the porch on the west side is 7.6' by 15.0', the wood deck located on the east side is 12' by 20.0` "L" shaped extending to south side of dwelling and abutting exisitng porch. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed additions in any other location on the premises will require other variance relief; (c) that the area chosen for the additions is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied. Accordingly, on motion by Mr. Goehringer, Seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the application of MATTHEW CUSUMANO as applied under Appeal No. 3870 for placement of a deck and other additions. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, .Sawicki and Dinizio. This resolution was duly adopted. RECEIVED AND FILED 8y THE SOUTHOLD TO WN CLERK DATE lla s/9o HOUR y~ ~ ~ PM GERARD P. ..~ _ . Town Clerk_ToGVn of 5authold ~ 2 2D13 30ARD OFAPPEALS • i C~~~~ ~~~® MAY 0 2 2013 BOARO OF ILS t ~~,~ ~ECFIVE[~ MAY 0 2 2013 BOARD OF APPEALS ~~ ~,.G _..,~--- ~.,~- r , 4~ - -- ~- • i t~ ~~~~ ~~ ~-, ~ r~ ~ ~~~ ~~ ~ ~ Er..~u ~-n ati ~ ~~ r~ ~c ~cr ~,. S; -~,~-~, ~-LoS~c -~ ~T~ ^f}--- n r~ ..~ ~~~~ RECEIVE® 1~AY 0 ~ 2C ®OARD OF APPEAL! ~y~~ • (~~~a- ~~~~ MAY d 2 2013 ~~ OFAPpEq~ ;~' • ~ ~ ~~- ~~~ MaY o 2 2013 gOgRp OFAPPEALS ~:~ ~ ge ////// fMN© s ' ~ N S~0E~8~ ' N Z~~O ~i /~ $ MARY AN /rte LO~, N~Q~F F~ " CE4TlFlEO TQ ~NAT~N~K~MOlRT6A[8E ~ CORPORATION - Gtt~~ agog da~G NCE COMPANY i • • ~GR~cflz~a, ,P~aEZ7,rmr2-a~ K~~ %3~ ~ii~_Co.~6-T Amyy- GA,~G~~ ~~~-~~7f~ 2E~u~.e~s 3,s" ~F~S~6 ~O2zv~'u as' Fn-, vi4,~-F- 33.~~~pin ~/E,QGC SiS~' S~ S~rS.B b' as ' ti E~~ti i` l36~ //a y~o ~' ~~~~ Gum ~,t - .~~~~ 8' c~~~a RECavED MAY ~ 2 2013 BOARD OF APPEALS i~ 0 C APPEALS BOARD MEMBERS Ruth D. Oliva Gerard P. Gcehringer Chaiunen James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman ,~~OP SOUIhO~ r ~~ N Q ~~ ~• ~~~~ http://southoldtown.northfork. net Mailing Address: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RE~ETyEp ZO TOWN OF SOUTHOLDALS RECEIVED '~' Tel. (631) 765-11109 • Fax (631) 765-9064 ~ ~ , ~ v ~qy 0 2 2Q13 f 1•~ BOARD OP AP~AII~NGS, DELIBERATIONS AND DETERMINATIO ,7~ MEETING OF FEBRUARY 28, 2008 Southold Town Qerl ZB File #6115 -ROBERT and MARY KATE DIGREGORIO Property Location: 1000 Oak Street (at Pierce Drive), Cutchogue; CTM 136-1-36 SE9RA 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 December 10, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact- TQWN CODE CFIAPTER 268 LWRP DETERMINATION: The applicant is proposing a garage in a location greater than 100 feet from the shoreline adjacent to Eugene a Creek. This application is therefore exempt under Chapter 268 from further review steps under Local Waterfront Revitalization Program. PROPERTY FACTS/DESCRIPTION: The applicants' property is a wrnex lot situated along the east side of Oak Street and south aide of Pierce Drive and the easterly portion of the property borders along Eugene's Creek. The property is improved with atwo-story, one-family dwelling and framed accessory structure. The property is nonconforming with an area of 16,586 square feet in this R-40 Low- Denaity Residential Zone District, has two front yards with 55.72 feet along Oak Street and 217 feet along Pierce Drive, a side yard along the southerly edge of the property, and a rear yard to the east which is adjacent to Eugene's Creek. BASIS OF APPLICATION: Zoning Code Sections 280.15B, 280-15C, 280-124, based on the Building Inspector's October 16, 2007 amended Notice of Disapproval concerning a proposed accessory garage on this 16,586 square foot lot. The new garage is proposed at 22 feet in height in a location at less than 20 feet from the aide lot line, and less than 35 feet from the front lot line, Page 2 • February 28, 2~ ~ RECEZVED~' ZBA #6116 R. and K. DiGregorio CTM 136.1.36 MAY 0 2 2013 BOARD OFAPPEgLS AREA VARIANCE RELIEF REQUESTED: The Applicants wish to construct a 680 aq. ft. accessory garage, plus 80 sq. ft. roofed-over (open) entry portico, in the southwesterly yard of this property. The garage is proposed to be single-story construction with an unfinished attic and is not permitted pursuant to Article III, Section 280-16B because the proposed accessory garage is noted at 22 feet in total height (top of the ridge) but only 5 feet from the side yard property line., instead of the code limitation of 20 feet from the side property line. In addition, Article III, Section 280-1bC states that in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the minimum 36 ft. front yard setback requirements as set forth in Section 280-124, for this lot, anon-conforming lot measuring Less than 20,000 square feet in total size, and this accessory garage is proposed at +/-25 feet from Oak Street and 33.58 feet from Pierce Drive. AMENDED VARIANCE RELIEF: During the January 24, 2008 public hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on February 6, 2008 submitted an amended plan increasing the setback to six (6) feet and offering to excavate a minimum of two feet and provide retaining walla as needed to lower the height to 20 feet, bringing the plan into more conformity with the codes. The amended accessory garage is proposed with size dimensions as follows: 32 x 20 x 12+20 x 22 plus 8x10 ft. entry portico at the easterly aide of the proposed garage and at a height of 20 feet to the top of the ridge. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings. 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. At the hearing there was concern of the Board regarding the proposed height of the garage. The applicant was asked to consider lowering the height to the ridge. In reply to the Board's request, the applicant agreed to excavate the floor of the garage two feet and in doing so, the side yard would be increased from five feet to six feet. The agent for the applicant said that two oak trees would have to be removed, but they will replace the oak trees with conifer trees or other type of trees that would be suitable in that area. In addition, the garage will be located on a dead end street, the property is heavily vegetated and garage will not be an eyesore to the neighbors. 2. The beneFt sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The property contains two front yards which limits the owners' ability to situate a garage without needing variances from the front and aide yards. 3. The relief granted is not substantial. The setback variance from Oak Street is 10 feet, and the variance requested from Pierce Drive is about 2'/ feet. The variance is substantial in relation to the aide yard setback for a reduction of 14 feet. ~- ' RECEIVED ~~~a- Page 3 -February 28, 2008 ZBA#sllb R. and K. DiGregorio MAY ~ 2 2013 CTM 136-1-36 BOARD OF APPEALS 6. 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. 6. Grant of the requested alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new garage, 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 teat under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to Deny the original height of the garage that was requested at 22 feet, and to Grant Alternate Relief allowing a maximum height at 20 feet to the ridge of the garage, and Deny the original request for a five (5) foot setback from the southerly aide yard, and to Grant alternate Relief allowing a minimum aetbacka of eix feet from the southerly side yard, at 25 feet from the front yard line along Oak Street, and at 33.58 feet. from the front yard line along Pierce Drive, as shown on the amended surveyor site map with hand notations added by Charles M. Thomas, Architect, and with ZBA date stamp of February 6, 2008, subject to use of the accessory garage. as per code,. and not use for sleeping or living area. 7'he above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. 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 nonconformitiea under the zoning code. This action does not authorize or condone any current or future uee, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, aetbacka 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 dcea not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman. This Resolution was duly a~ Simon and P. Gcehringer, Chairman ;d for Filing 3- /3 -2008 PlL'RCE ~ DR! ~E ~(' <r V nY C ~ SICWF _...--- ~ ~ crrnvtt 12. r' I„ S I3. 1 ~ 1 ' ~/ PARKING W fn AIrEA_ ,~ _. ,~ --~ ..._.._C fur, .---~ - ~ __ ~ \ - 1 ~ cnT 42 ~ - ~ _.. _... ~ /8 ' Q' ...._ . ~ ,._. O nRY YM _ ,N _ l C 4 . ~. - ~c • ~~~ ~~~~ B~A~ OE APPFA-S `'L r um - '~,zd __ ^ ,. . __._"'__.__. ¢ w ~21 '`\ 0 1 ,.Y ~ ~ i ~ i ~y 11 t2 I e 1i v U) ', 7g I , 1 2-STDRY RfiS/OkNCF.' rlst l Q•• F =° \ ~'Sffji Y~qp ~N 4'N t'n3c>a r Y F ~ ri ok~muHC 8 • k 10 _.b... ,_.1 _.._. a<r exq,~,~ ~ ~~ `:-: 1 /oT 40 I ~ f-' soy 1= xG,~YRj E I. ` ~ S7` 2',-f,v o _' T v 2oJn~f -f ~E /~/t O.A. ~'D6E• as°uYei ~,o° M°a :i 1 / ~OV/~/E 'II fY1'w pKAgIN M4+. 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NU. 4Jl/.f 94R.'~'i.'i l (~S~- aECavE® MAY 0 2 2013 BOARD OF APPEALS Southold ATownZBoard of `Appeals ~~~~ TELEPHONE (5161 TINED ACTION OF THE ZONING BOARD OF APPEALS MAY 0 2 2013 Appeal No. 3279 Application Gated August 7, 1984 (Public Hearing 11/29/84) BOARD OF APPEALS TO: Mr. Ernest M. Guettinger [Appellant(s)) 950 Oak Street Cutchogue, NY 11935, At a Meeting of the Zoning Board of Appeals held on December 13, 1984 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 tt~,p~~Ordinance Article , Sec ti ,.~•r<"'~.,~~~-. [K1 Request for Variance tt~ Zoning Ordinance Article III Section 100-32 [ J Request for Upon application of ERNEST GUETTINGER, 950 Oak Street, Cutchogue, NY for a Yartance to the oning r finance, Article III, Section 100-32 for permission to construct addition to accessory garage located in the fron ty and area with a reduced sideyard setback, premises identified as County Tax Map Parcel No. 1000-136-01-31; 950 Oak Street, Cutchogue, NY. The board made the following findings and determination: This is an appeal from Article III, Section 100-32 of the Zoning Ordinance which requires all accessory structures to be located in the rearyard area. Applicant has requested an 10' by 14' addition at the northerly side of an accessory structure presently situated in the frontyard area 29.5 feet from Oak Street and 15 feet from the southerly side property line. Theaccessory structure was constructed after receiving Zoning Board conditional approval under Appeal No. 1867 on February 7, 1974, with restricted setbacks within the frontyard area. The permitted use of this accessory structure is for garage and storage purposes accessory and incidental to the residence. The 10' by 14' addition is proposed as a tool shed, which shall be incidental to the residence. The premises in question is located on the east side of Oak Street and contains an area of 27,000± sq. ft. The premises has frontage of 75 feet along Oak Street and 75.73 feet along Eugene's Creek, and is improved with a one-family, two-story frame dwelling set back 130± feet from Oak Street. The setback from the northerly side property line for the proposed addition is proposed to be not closer than 123 feet. The board members agree with applicant's reasoning under the circumstances. In considering this appeal, the board has also determined: (1) that by allowing the variance, no detriment would be created affecting adjoining properties; (2) that no adverse effects will be produced on available governmental facilities of any increased population; (3) the variance will be in harmony with and promote the general (CONTINUED ON PAGETWO DATED: December 21, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2- App No. 3279 Matter of ERNEST M. GUETTINGER Decision Ren ere ecem er 3, 1984 ~ REC~® ~ MAY 0 2 2013 BOARD OP APPEALS purposes of zoning; (4) the circumstances of this appeal are unique; (5) the relief requested will be in harmony with and promote the general purposes of the zoning ordinance; (6) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3279, in the Matter of ERNEST M. GUETTINGER for permission to add 10' by 14' tool shed to an existing accessory storage-garage building, The accessory building (and addition) only he used for storage purposes (not to be used for sales or sleeping quarters). Location of Property: 950 Oak Street, Cutchogue, NY; County Tax Map Parcel No. 1000-136-01-37. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. t x G '~2a~t d... ~` ~tnCa..t-tc. ,c..ge.Zl ~, GERARD P. GOEHRINGER, HAI MAN T- December 21, 1984 lk -EIVi?,D ~~~ . 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U S ~ - eF FJtaCYt'] L ¢Lt u.. ,~ ' - Q NLRi 4tL15. ®® ~ ^~ rt a.e La~aY Ix4 tLLVL lIex> 01 ~ 3 yv~ 8~ i . ~ ~yN~TE'ff~ ~ - F 1 v ' PLAN f•10. D - 4511 2.OF ' _ _ _ ~ 4 1 T ~. ~ L ~ N • ..... d' .~xm .. r. /~(~~(~n ~ ~7 ~~~~ ~ _ _ . . . - .SCALE i ='L O'. 0• dAl'E Dtc: `le p ~~ra]piLl G+f ." _.~ ~ F1vt7i1'LyL~ LR.. [1V ., " ~.~ . M~r .~r ~~. ovf~z~ • - ~Y 'T16E KILNS ARE FOR THE CONBfRUCT10M OF h OINOLE 5}RUCTIRE ONLV US[ OF TXE4 PLANf FOR VIV A001 .:~ . . - ON SI J.. ~_. • .. .: ~ e. - /~ T AL RIICiVRE WITXWT THE WRITTEN APPROVAL OF ' '.: ~. M/.TJITIICK flY. SM' IEBf :~ _V. T-C~_.b.. Lf_Q.:u _'. _' ~aW N ._Ofi • . - 4.4 T.{I.O L ~ + • u, y TMF ARCIITECT. NILL THEBEHV 'IRAM9FER ALL RC40MS • ~ ~ IBILITV FOR TXEIfl UEE TO THE USEfl ANO THE AIfIHORIT' .~ ~. '- '.. , :. ~ ?-': to i>. 1: 3 §.r do. I xcL •CCEPTIRO TNEM.° ~~~~ ~ca~,® MAY p22013 ~_.....---~---- -- s-- - ~ na < k. 16. x'i 4° BOARD OE APP'EAtS ~ i ' ~ i , t--~_ _ ~_--, -~_.,.-- c` y ~i. . r> . Y I ~ 1 I # - 9=x 1't` I ;~ •. 17l `I N [j '~l ~1~- ~~G Il;~ ~ e.~1 • , I I - 19-x VI°- ISS'x Ids' /}}} n r- _~ ' n ; ~. ~~o ~~5~- MAY 0 2 2013 BOARD OF APPEALS " o o M/,~dDD d C3L°Q oOM/n nM . ARCHITECT .v.~.rw . MwTTITUEIC N Y. LFB ~ •H~ - _~._. R ...~. "hLL Y _I :__. r~ __ - _.. -__ -_. _.-~... cu i 13°.R 9? I R4P ca Fa¢ IINH ~} 1~`'~t :d~ LIN. - Sion. CLR. ~. rte" '_ I Ln. ~7 •~~; ~ ~ Iy -- -_ _ -q~- i ~lr--___-_~ Cl i - il I •1~R FtsIN%. .bAT 14- ~ j - ~- _ -fi•~••1 ~I .1...._YI-~ _.- .._.._~---~- ~ E ~L--~ i 11----- _.. _- _! ___. I 7. ~ c c ~1 ~ r- L 4 c R __ ' SCALE.!I1' ~I-°~ DATE ~tt.'a'3 "1RdE MN4 wfl[ fOR THE COl6lRUL'IIOX M w LM/YE mlucTURE oRLV. uu °r rNEY FLwRS FaR wRY wvpl- npxwL meucTUR[ Nrtxovr rNe RRrrrEN wnROVwL of nlE IIRCRITECT, NILL TN[AmY TRwXYER wLl R[RRRI1 IBILITY FOR MpR YK TO iN[ p9ER .Wp ME I1pTXpRITY wccmlNO TNp.L^ J ~~ 1`f-' ~~ RECEIVED MpY 0 2 2013 BOARD OF APPEA4S . ~\ `i\ QM s' C~a``,~Rl ,~~ .~ (E~9 U~ J 'e 3 dpi t. 6 `t l "-. ~J kF ~~ ,--,, ~ t ~e~/ rJ1.~n .7 ~ ~~ ~ V ~_ _.a~"~`- - - _ - -p e ~' ~/ ~F -__ _I ---- - _ ._ FA g ~ ~~ N ~O ~ v T ~ ~~~ G • TOWN OF SOUTHOLD, NEW YORK • ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 110 Dared October 15, 1958 DATE~9~4!!!~?'.. ~~. 195B ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To Hsnry 0, Eruger Oak 19Creet+ Cntohogwe+ A.Y. At a meeting of the Zoning Board of Appeals on Bovember 6, 1958 was considered and the anon indicated below wos token on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance (Z) Request for a variance to the Zoning Ordinance ( ) the appeal MAYEO~ p 3 ~b~ BOARD ppAppEALS 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied Purwant to Article .................... Section.................... Subsection................ paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed bscause 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) () produce undue hardship because the proposed location is the only logiosl location (b) The hordshio created (is) unique and laoail0 (would not) be shored by all properties alike in the immediate vicinity of this Droperty and in the same use district because the neighboring houses have gerggee close to the street, or right on the street (c) The variance (does) (~ observe the spirit .of the Ordinance and DGezifk (would not) change the character of the district because met of the neighboring honeee here garages close to the street, or right on the atraet and therefore, it wos further determined that the requested variance (z) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed (z) be reversed Location of the propertyt East Bide of Oak >3treet, ZnBene Blights, Cutohogne, B.Y. Board vnaniaone],T grantsd the appliaatioa with the oo~ition that m buildings shall bs erected within y+8es tra the property line oa Oak Street, ZONI OARD ft1F APPEA~.S. J i ~~, G~ fc~ ~'J>. _. c~cG~~ Barbara 11, lndrads 8ecretsry Appellant Form 2B4 ~~s~ RECEIVED MAY 0 2 2013 ®OARD ppgppEALS -~.,,e~f ~..~ ~, iys ~ 'C P. ~-•-r~~ _~, __ _ pF g0~ _ ~XlJ ~o~ry--riiar-- + - - -~ W6cH7CR.yFN_2+! _... _ 38u~ = ~-~~ ___ __~; - -~ ° --_---- -------- ~~~~ y~CE1VED MAY 0 2 2013 BOARD OF APPEALS ~- Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (618) 786-1809 FAX No. (618) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGDNIS, JR. SERGE DOYEN, JR. JOSEPH M. SAWICKI JAMES DIN 1210, JR. ACTION OF THE BOARD OF APPEALS ~~s~- RECEIVED MAY ~ 2 2013 BOARD OF APPEALS Appeal No. 3844: Application for DR. IRA WECHTERMAN for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239d (now 100-239.4) and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Location of Property: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 and 42); Subdivision of Eugene Heights), Lot Nos. 28, 29 and half of 27. WHEREAS, a public hearing was held on June 29, 1989 under Appeal No. 3844; 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. The premises in question is located along the easterly side of Oak Street in the Hamlet of Cutchogue, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 42.1. 2. The subject premises: (ay is improved with a single-family, one-and-one-half story framed dwelling, as shown on survey dated February 18, Page 2 - Appl. No. 3844 Matter of DR. IRA WECHTERMAN Decision Rendered June 29, 1989 ~, ~~~~ RECEIVED MAY 0 2 2013 BOARD OF APPEALS 1988 prepared by William R. Simmons, Jr. submitted under this application; (b) is known to be nonconforming as to lot area, lot width, lot depth, rear yard setback, setback from bulkhead, and northerly side yard setback, in this R-40 Zone District. 3. By this application, appellant requests variances for permission to construct an open deck addition at the rear of the existing dwelling 4. Article XXIV, Section 100-244 of the Zoning Code requires a minimum rear yard setback to be at least 35 feet, which is a reduction of the usual 50-ft. rear-yard requirement for conforming lots in the R-40 Zone District. 5. In considering this application, the Board also finds and determines: (a) the nonconformities of the land and building in question lend to the within practical difficulties; (b) the difficulties cannot be obviated by some method feasible for appellant to pursue other than a variance; (c) the location of the deck as requested will not be adverse to the essential character of the neighborhood; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in carefully considering the entire record and all the above factors, as well as viewing the general character of the neighborhood, it is within the best interests of justice to grant the variance, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT the relief requested under Appeal No. 3895 in the Matter of DR. IRA WECHTERMAN for the location of Page 3 - Appl. No. 3844 Matter of DR. IRA WECHTERMAN Decision Rendered 3une 29, 1989 .........._ ~• ~~sa- 72ECEIVEp MAY 0 2 2013 BOARp OFgpp~~ an open deck addition at the rear of existing dwelling, SUBJECT TO: 1. The provision that the deck remain open, unroofed and unenclosed at all times (as proposed herein); 2. The recommendation that the deck be constructed as applied within the boundaries of the concrete-block retaining wall, and that safety measures be taken as recommended by the Building Inspector for appropriate railing, etc; 3. That any and all lighting be shielded to the property without adversity to nearby properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Sawicki, and Dinizio. This resolution was unanimously adopted. * ^ G/ERARD P. GOEHRINGER, CHAI/KHAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7~/.~/~9 HOUR a: '-'PP^`. s _ . i of REC~~ ~ ~~~ MAY 0 2 2013 SURVEYED FOR: ~~~ d` f'{ELE/~/E ~'CNTL~.PMAN ~_~ LOCATED AT G'UTC.~/OGL/E ,TOWN OF ~.70C1r/-~QG~~ ,SUFFOLK COUNTY N.Y. LOTS ~ ~/i•G~~~ ~A+CLL/~• 1/~ 4 ~~, MAP OF EG/C~E~./E NE/~S CO. CIK. NO. B'~ FILED GL /,'G~ /9~8 SCALE 1" ~ ~' SUFFOLK CO. TAX MAP DATA:- DIST. /GL70 ,SEC. /.?le. ~' f~'G ~~~ BLK. O/.OQ LOTS C~/.C~ PIE~"'~G ~ ~~~ n OA4ET5 fROM STRUCTURES O 0.44.t/ TO RELATIVE BOUNDRY ONES, ~ ~8~~~.~ E '~ ~%~~~ /O9'f ON SURVEY, ARE FOR A ~ ~ ~E1,: ~K SPECIRC USE ONLY, AND 5/-O _ 4 SHOUID NOT BE USED FOR ~ se.s ~ W~ CONSTRUCTION OF FENCES ,'' n '1' OR OTHER STRUCTURES. V h ~ /yam ,S~y 9~ ~, YJ (j~' ~ ° G VV i~A ~ NEL E.t/E' au.EC~1lE,P.f//gt/ OQ ~ ~ ~ k~ m ~~ ~° ~ Q I,J I s.82'oi"io'I~V' qs f r~ w ,~'0 27 ~~a I SURVEYED rcGe /B, 79~BY WILLIAM R. SIMMONS JR. ~--~' P/0 BOX 377 /?S ~ + l i'j~ JAMESPORT, L. L, N. Y. 71947 , c~J =~- %/y(.fLdiry='i~~ ,:'i/.000(jtyyLO;':~~'7.. .e°[~iSE;~ J~ECT.' 28,,;~~Ju° FILE NO. ~Iln&J~ PAGE ~.~ GR10 ,.~.~ DRAWN BY~ tm ~. SOOo-13E-1-~0 ~~ wr u'roe f?L'iZ1Y U~ t-'XtST! N Et• -- fKk~'~ 'pP~sE7~ -~'K • /Ob, 10 ~~ rar TD. laoo-l3B-l~dl/t2 rnutleY ae: . ui. ua 3 WA M4Y . FQU' ,1FpF1A~1, NY SSTR ~~ '~ateiY uN~. `F rm w. looo-l~s-l~.v er+~tY Q: M3. ESQIN JFNSFN KK7 3rDf 385 QJr40QE, t1Y 21935 ea~aEra aLxK RErA~NrNEc WAL[. '~Ho~O UIEW AN'zIES ~0p210\3°~~~ w~~~ / Mp`l 00p~ Of pPPEp1S 7~~&{( WAt;`(~ LINE. '/{~cltMT'E. 22 ~:a ~ ~ ~~ ~ ~va,z .~ ~ sul_ JIL 2j~ :6a ~Ilt ~ yu. H \ ~ , SCALE 0 5' q' -L.SNE ~ -v~rxr~tN -.~H~-- -F1151~ C2EErC '(~u~t~HS CREEr~ q~eaxr-,~ret_ 8sb' ro ovrosmc ~NOee . , ~12Lp„ ?~.rn~'L~ +C~ __"C A'o. MFiU1 xrli4- aFD ta+-wsi~m Maras tttmurtn BY Pk1l5IIW, ~11VATTR7 QItI1G TfE PFAI~ a/e/ee - ~/zvee. J. E. FI'fGtIGID, JIt: ~~ S ~~~~ MAY pti2013 god aF pPP~ PHOTO A: Looking? N along top of retain- :'FfuTU $; Looking? WN~+ at project area at t of Tcat~in{nn a.inll s'• CORPS O)s' LrNC3Zt~iEERS DATA POl[r08[: CanrtrGCt fixed oiler. ra:kwry, hJnged rasp, •nd tloatlnq dcck secured Dy two p]les far prJvate recreational puspoaea. DATON~ M1.N IR: EAST CRLEK (LUGt1tL'S CRELKt ~T: CUTCHDGVC, TOMN 01 SDVTY.OLD C'OOMTT Ol: SUPPDLK STAT[ NEN YORK PROJLeCT SITLe PHOTOS AppIScatlan !o. _ ___ re~ardinq the prapertq of ZRA MTLCHTt!RMAN Suffolk County 7sx /tap Mo. )GGG-;3b 2-t:/IZ Represented by P r ohs r- T 8~ r v 1 c e s P.O. box 677. Cntchaque, M7 ]]93S Tares [. P]t:geralQ. .1r. 536-73-5000 ..~ /36 ~, "c'~, ~.c~'w.re. tea- 7%~'ap i MAY 0 2 2013 BOARD OPAPPEALS O ~~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE 15161 765-1809 APPEALS BOARD MEMBERS v GERARD P. GOEHRINGER, CHAIRMAN RECE~D~~ CHARLES GRIGONIS, 1R. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS MAY ~ 2 2013 IOSEPH H. SAWICKI BOARD OF APPEALS Application of GEORGE BORNSCHEIN for Variances to the Zoning Ordinance, Article III, Section 100-31 for permission to extend garage located in the frontyard area and attach same to existing dwelling, and to construct additions to square off rear of dwelling in excess of maximum-permitted lot coverage requirement, at premises known as 560 Oak Street, Cutehogue, NY; Lot #24 and one-half of p25, Map of Eugene Heights; County Tax Map Parcel No. 1000-136-1-49. WHEREAS, a public hearing was held and concluded on July 14, 1988 in the Matter of the Application of GEORGE BORNSCHEIN under Appeal No. 3738; 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. By this application, appellant requests Variances from Article III, Section 100-31 of the Zoning Code for permission to (a) extend garage and attach same to existing dwelling, which by becoming part of the principal structure will not meet the required .frontyard setback, lot coverage and sideyards for a principal structure in this zone district; (b) construct additions to square off rear of dwelling, which will not meet the limited 20$ lot-coverage requirement for all construction. 2. The subject premises contains a total area of approxi- mately .10 of an acre, with 37.5 ft. frontage along the east side of oak Street, lot depth of 98.6 feet, and frontage along the ordinary highwater mark of Eugene's Creek. Page @ - Appl. No: ~'8 Matter of GEORGE BORNSCHEIN Decision Rendered August 18, 1988 ~ ~~~~ RECENED MAY 0 2 2013 BOARD Of APPEALS 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 136, Block 1, Lot 44, is referred to as Lot #24 and part of #25 on the Map of Eugene Heights, Cutchoque, and is improved with a single-family, one-story dwelling structure and accessory garage, all as shown on the survey prepared July 6, 1979, by Roderick VanTuyl, P.C. 4. The following information has been furnished by the property owner for the record: la) square footage of lot: 3638 sq. ft; (b) square footage of existing buildings and deck 1423 sq. ft.; (c) percentage of lot coverage proposed 39.1 percent; (d) square footage of proposed additions, garage 42 sq. ft., house 93 feet; total 135 feet; (e} percentage of proposed and existing lot coverage 42.8$. 5. Town records also show the following dimensions of existing construction: (a) main building 528 sq. ft.; 7 x 15' extension 105 sq. ft.; garage 16 x 14' - 224 sq. ft. {see assessors property record card}. 6. The accessory garage structure is presently located in the frontyard area with a setback of 1.5 feet from its nearest point with the front property line. The main dwelling structure is set back 22 feet from its closest corner to the front property line, 3 feet from the south side property line, 9 feet to the northerly side property line, and approximately 15 feet to the concrete wall (and 39.5+- feet from the ordinary highwater line as shown on the July 6, 1979 survey map). 7. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a maximum lot coverage of all buildings to be 20 percent, requires a minimum frontyard setback at 3.5 feet or the average of the established within 300 feet on the same block and same side of the street, and minimum sideyards at 10 and 15 feet. 8. It is the opinion of the Board that the premises is substantially nonconforming in these respects as exists today; however the variances requested in relation thereto are not substantial. The Board agrees that the applicant`s requests are the minimal necessary to afford relief under the circumstances. 9. In considering this appeal, the Board also finds and determines: (a) the practical difficulties are sufficient; . Page 3" -• APPl. No'. ~$ Matter of GEORGE HORNSCHEIN Decision Rendered August 18, 1988 • RECEIVED ~ (^ ~~ MAY G 2 2013 Y~ BOARDOFAPPEgLS (b) the property is unique as to its substandard size and limited front and rear yard areas; (c) there is no alternative available for appellants to pursue; (d) the relief will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (e) in considering all the above factors, the interests of justice will be served by granting the relief, as applied and further noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3738 in the Matter of the Application of GEORGE BORNSCHEIN for the attachment and extension of the accessory garage to the. principal dwelling, and squaring off of the corners of the dwelling, as submitted to this Board, SUBJBCT TO THE FOLLOWING CONDITIONS: 1. Two doors, of a size three ft. wide each, or larger, be placed within the easterly wall of the garage; 2. No further additional construction or saturation; 3. Any further additions shall be permitted if they are at an upper story and not extending past the building; 4. No further frontyard encroachment for any additional construction in any manner. vote of the Hoard: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. lk 1tECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~ Ia SI B ~ DOUR l o : r s ~ M ~ x _ rt ~~~ GERARD P. GOEHRINGER CHAIRMAN Town C1ezk, Towa of Southold 4 } YI : jfBncc `osf. a~ torier • ~ . ' . 1\~ Q l I 1 .~ i t o .' > ,. to F~'' a _ ,.I 4 N. 8+~'ol'lO'~, . .': {. :. 95.0 " ~ - m ~ - • ' .pcvor~f fB 'nT ti .p ~! r. _ ~. ~' :~ ..~, f~` . ': N. Y. ~O ~' ,~ ' ~ + ~~~ t , '.. T~ V, ~ ~''.~'1 ~ 0 ~ 11 ~ 1 ' ~ s . = ,, ~ ~ ~N~' a t ~ .i~__ ~ ~ ,?~~ v f ' ~~' gy ~ ~corrc:-. 9'r $, p.: + ... ~ ~XTEhl4 EskRAbE ~ 3''!a" . o ~- 2 3 ` _ ~ ~ •. ~ , TO ~;EE-~',~OVSE ~ ~ S¢>u A ~ GFF R£AQ v ~ ' ~`} • :... Df HOVSfi Anlb JFbD 2.~ fLoaR ~ ~~ ~` ~,, (~j ~~~~ `~C~E® ~P~ ~~tt~w~n\ ~S ~~~ O` PQQ i~~op~ . I` V i~ /--~~ MAD OFY,eO!'E'rzTY ~~.~-.•.-.-{~~ ~ SU2VEYED F02 AT - . - y :GUAAA ? oNtY t •~ IS ~AEP. '-TIiEE G +-I Er,16h:+ +•fQ TN' OG~_ Q~G 0~' o / L'~ i'( y ~"~~ ~'n a,ei- 12.F' ~~ ~~~ a..~~ A3 11.6 % 1l 1 ,Qv .~' ~~~ ~~~ ~`~~~~- '~~ k Q., ~."6x ~~ - S .7~.~ yA~R) -- DLO' ~~"'a., ``•f t_ ., ~~~, <.i! F~, ~, ~~J ~p t'~ TEST HOEE DATA McDONA~ (~OSC.I£NCF.. nz/es/TJ zaNE x ~_ ,~,~, `~G~ . EL. 10.5" C._._.. `~, KENT 1L.AN0 FLAG VOS FLAGGED BY EN-CONSULTANTS JU1 Y 27, 2012 fL. 0.7' 41JERS REFER TD 'MAP OF HEIGHTS' FILED IN THE l COLNTY CLERK'S OFFICE 29, 1928 AS FILE N0. 856. RATI(?N (]R ADDTTD7J TO THIS SLRVEY IS A VTC1_ATILIN Clnl 7269 OF TTE NEW Y(JRlC STATE EA,CATIpJ!_AW. S !'ETT SECTIL.IN 7269-5'(IBDIVISI0IV 2. ALL t~ATTr~ICATIUNS ~f7E VALID FOR TNTS MAP AND Ln°fES TI ERE(" 1-.t y TF l]4 C(7'IES BEAR TF£ D1°f~SSED SEAL O~' Ty' Sl,RVEY(Nt 'GAMTt.RE APPEARS IEI?FON DARK BROWN LOAM CX. r' BRONIV S11.TY' SAND .SA; 3" 4' PAL£ BROWN FINf TO MEDIUM S.4N0 SI' 9.8' WATER IN PAL£ BR014P7 F1NE TO MEDIUM SAND SP ~- '1T NOTE: WATER ENCOUNTERED 9.8' BELUW SUP.FACE L L E VA TIONS REf f RENCED TO N. A. V. D. 7988 FLOOD ZONE FROM FIRM MAY NUMBER 36' i D3C0163 H SEPTEMBER 25, 2009 1~S' t1(3~t F Fi- .G.S' i0~ ~ ~., ~ /tr o SOT 9 F~' '`A y~- .- ~" .. `<` fyi/o/ Y~/U ~~ ~ E~. „~C`T . ~14g, s~ Z~ tiO Q 0~~~ ~V~ ~L. SURVEY OF PROPERT Y A T CUTCHOG UE TOWN OF SO UTHOLD SUFFOLK CO UNT ~', N. Y. 1000-136-01-53.3 SCALE: 1 "=30' SEPT. 14, 2000 NOI~EMBER 3, 2000 (Rf 195lON) APRIL 16, ?001 (RENSIGYJ) ,MINE 19, 2001 RENSIt]N) OCTOBER 30, 2001 (CER71F7CATl(aV5) .A(INE 2B, 2005 (DOCK k WETLANDS) .HJLY 5, 2007 (TOPO, WL FLAGS, FLOOD T(a FEBRUARY 6, 201J (UPDATE dr B.D.H) s MAR. 14, 2013( add/dons) a 2211 a ~. 9-~ i. / " ~! ~_I~ 1 ~1~ P~' ~ . Y ` .S~ ~ \ ~~ ~~ ~G~'~ S~ Buildabke Area= 6,739 Sq.ft. Area to MHWM. as per Filed Map=11,529 Sq.ft. Area to MH4VM. SEPT. 14, 2000=8,102 Sq.ft. ~,. N.YS'. LIC NO. 4961f3 "PECONIC SS~RC. ------ C631) 765 - .5@2@ I AX+(631) 765--179 P. U. F3DX 9@9 123@ TRAVELER STREET O O - SOUTHOL D, NY. 11971 r .~ ~ _. -- :~ ~ ~ j' s -• ~ `, fl', ~~ ~ ~ ~ ~ Y ~ 1 ~: J ' V 1. lY l~ ~~r 7i ~ ~sA #~r ~'~ / x~.~~~s~r ,r huv .~ Wg ~i r =~ ~~ ,~ I ` ~ ~ r ~_ v r ~: - ~~ i ~ y .~ ,~ r~ ~ ~ . 1 I~ ~ r J~. + . r ~~ ~~a~ ~~ ~ ~ ~ x ~y6rJ. •A~.Y ~er~ ~~ REVISIONS: r r ~~ ,, ~1'~~ ~~~ ~~ .,,~~ .•,,r,.•: :~,,:- ..~ - ~~ e ~~ 1 N J a ~~-~~„ ~~_~ . - ~ • a - ~ 1'FaFS- ~1 - u '1~~'iRt _ F If l .~ , re •~,~! . a. ~ 1 y `. ~Ss' r ~+, ~ ,~ ~ >r. ' ~~, -' ~tlt 1 , ,+. e • R ~`: i+ y ~. Y4'., w -tiY. ; 1 i A v w"~`r~ ,O;~i . ~ ~~ Q a i4C r,~- Sr ~'","}. :@ir ^,~~,• z~k.~ ~, ~`r l ,~.. f~ _wi r. •~~t* y' ti, Y`~..r +Y ~~{~ :y`M'1 .~ •~ ~ c~• ,r~,~~F ~~y'.'~rl - '~; 'r'~?..~ ,t ~i,~rr ., t ~''+ ~ '~I y~.~~s t,~, r +` p!~ ~., `r +~ r~"~ ~I«~~+~ * t ,/t rl~~;$~ ~ 6 x,• +~~~io-v 1. r~r ^~" r il':•~a~~`~. f ~i. , i , ~ i ~ `°~ ,rR M` r~.~. (Gi Fir A.w i+~ , ~ r4 . :f'?; 3.,+ F ~ ~ ~'~• 'K~k ~ . x' w ~{ .,~ r i~~~ ,..~ p. ~ ~,, ~ i r ~~e• od , ~ ,~1rl~L~y "~ t8" i.~ '+~# ~;" ~ ~,r~r ~ ;l'~~~a ~ i r ~~`.,~~~~ ~„'. ~ ` ~ ~ y~~,.~,. ~ ~,ev ~ ~ ~z x ~~ 3 ox n~ ~ ou ~1 ~- ~,~~ rN ~ ~ f~ ~o~- N ~ ~ ~~ DRART MIi MS ~~ ~ ~ ~ SCALE 1,4,._I, ~,. lOB u Mey IU, 201? SHFET "•-'NBF:R S2 ST ~4 C//a646 ~ C~dvSTiP¢GT__OP(N uE[K a-bWELL. /fdeJrT.aNS Y/rrM• /T/~iA4-SOT G'r /ERA(.r ii/EVCESS e.F NAN. JQQFR.vrTraO do~~'/ .(aT ~E9 /JNd S.i/S ec FF, $aT Rd~GK ~'2a ^~ _ yKE ZLry NIS __ ___ _ ___ (P ~~ "'~~4~C® MAY 0 2 2013 BOARD OFgppFALS 0 ---- -- • RECEIVE® MAY 0 2 2013 Southold Town Board of Appeals OFA~ EA~L.S '(P p MAIN ROAD- STATE ROAD 25 SDUTNOLD. L.1., N.Y. 11971 TE LEVNONE 15181 7851888 Appeal No. 3563 Application Dated September 29, 1986 TO: Mrs. Rita F. Gledich 63 Algonquin Avenue Massapequa, NY 11758 To.Tn At a Meeting of the Zoninq Board of Appeals held on November 3 1986, the above appeal was considered, and the action indica a ow was aken on your [ ] Request for Variance Due to Lack Of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article Section fx1 Request for Variances to the Zoning Ordinance Article XI Section 100-119.2(6) Article III, Section 100-31, Bulk Schedule [ 1 Request for Application of RITA F. GLEOICH for Variances to the Zoning Ordinance, Articles III, Section - u Schedule, and XI, Section 100-119.2, for permission to construct open deck and dwelling additions with: (a) total lot coverage in excess of maximum-permitted 20% of lot area, and (b) an insufficient setback from tidal wetlands and highwater mark along Eugene's Creek, at the East Side of Oak Street, Cutchogue, NY; County Tax Map Parcel No. 1000-136-1-46. WHEREAS, a public hearing washeld and concluded on October 22, 1986 in the Matter of the Application of RITA GLEDICH under Appeal No. 3563; and NHEREAS, 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 appl7cation; 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. This is an application for Variances from the Provisions of: (a) Article XI, Section 100-119.2(B) and (b) Article III, Section 100-31 for total lot coverage of 26.8%, Tn order to construct a 900 sq. ft. one-story addition and 375 sq. ft. deck addition along the east side of the existing stucco dwelling structure, with a proposed setback at not less than 50 .feet to the ordinary highwater mark along Eugene's Creek (at its closest point).. 2. The premises in question is a substandard parcel consisting of.."Lots 20 and 21"of "Map of Eugene Heights" filed in the Suffolk County Clerk's Office as Map No. 856. The lot area is 61001 sq. ft. and has a frontage along the CONTINUED ON PAGE TWO DATED: November 3, 1986. CHAIRMAN, SOLD ZONING BOARD OF APPEALS Form 2B4 (rev. 12/81) ~i ~n a Nn r•_TLr;~ ssr TAE °OUTi =%LD T~`?r ii ~.,---- DETA//_ ~Y~ I?.Ci;iB ~ a" air, • ~ Page 2 - Appeal Mo. 3563 `~~ Matter of RITA F. GLEOICH RECEIVED Decision Rendere November 3, 1986 MAY Q 2 2013 east side of Oak Street of 50 feet, average lot depth of 122 BARD ~P APPEALS feet and frontage along Eugene's Creek of 50.16 feet (along a tie line). 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is improved with a pre-existing, nonhabitable building as evidenced by Certificate of Occupancy %Z9455 issued March 6, 1979. 4. Submitted for the record is a survey prepared by Roderick VanTUyl, P.C, of October 23, 1979 certifying the metes and bounds description of this parcel and the contours as taken from the Suffolk County Department of Public Works aerial survey (shown September 30, 1986). The area of the proposed construction is landward of the existing 10 ft. contour. 5. Article XI, Section 100-119.2(8) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 6. Article III, Section 100-31 of the Bulk Schedule of the Zoning Code requires a maximum lot coverage of all structures at 20 percent of the total lot area. Twenty percent of the total lot area of this parcel is 1220 sq. ft., and the total proposed lot coverage would be 1635 sq. ft. A variance is required in the amount of 415 sq. ft. over the allowance. It is the position of the board that the lot coverage is excessive and is not the minimal necessary, and therefore a reduction to 24% (total) would be feasible and within the spirit of the zoning ordinance. 7. The board agrees that the configuration of this parcel lends to the difficulties requiring this variance and finds that the relief as granted will be the minimum necessary under the circumstances. In considering this appeal, the board also finds and determines that the granting of the relief as noted below: (a) will not be inconsistent with the general neighborhood; (b) will be the minimal necessary under the circumstances; (c) is not substantial in relation to the requirements; (d) will not create a substantial change in the character of the area; (e) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) will serve the interests of justice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki,. it was RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the Matter of the Application of. R GLEDI or permission to construct dwelling and eck..ad itions to existing structure,SUBJECT TO THE FOLLOWING~CONDITIONS: 1. That the setback from the ordinary highwater mark not be less than 50 feet (as applied); 2. That the total lot coverage for all structures shall not exceed 24% of the total lot area; 3. That the sideyards be not less than seven feet at the north side and not less than 15 feet at the south side (as applied). Yote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. + +'r > W \9~~. ~i M Q o d N ~'V a ® IL 0 Q ~ ~ a m° -- -.- - \.:i - '-l 1 I '~, 1,W Vr :,, !. N' ' rnmr. O.f hl. N.82°GI'IJ'F, l7 '~'-_.____T___._-_-_ Mp€~ ~ F~ " ~r~r'Y surzw~r~e~ rrosz qtr CtJ7~HDG(J~ .,,„,,,.~,,,„ •7"ownf OF' ~J'OfJt'F{L'LUr N.1! ".;;:: rs" nw`.;~dn;.: n nC^6b 3j. +' WMa YT1lPT1Y• ' ~~ '.U;.L. l3~YS in ; Yv'r :~:: cnW ru c^aa+te...^ ~S~-m it1 hr<...n av mows-. x.ax. 120.0 d' tli yon r. x w -+ -u" ~ •:Tc _i_._~___.-__~. ~i ~cru'aa m..cnm.~~;roa moor: 4, 'Q mr erwn '. (lflOl ~~ Ii ~ ~~-N ~ MME V +rw.iws"F"J 1~ 4J:'.S'Y O 1'n*1 _./n... 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[..leenaecsl 4rnd Surer fv~:t i GrBAlrt~or+ (Yew `l~rl~ ~ •,~ ~ _ • w `' ~ ~ - ~ ~` RECENED ,- MAY 0 2 2013 ~i c .c D,q-~, S T BOARD OFAPPEp~ f:` ~ ~ ~, .:; 9~ Sq-n a Y, 11 -^ t 1 1t V• ~ N r. 1 ~ ,j u a x i. .. ~ p ~~ f ^. 4,-_ ~ r; ~~ _ ~ O .. . -- 1 .'y O C. ~ • + ~ ~ .. f. a ~ s ~ y .d" (, ,7 ~ _ ~ ' ,, ~ ,G ~ r , ~~ ,~ t3 O ~ ~• ~ ~ O v ~ ~ H ~ - D I r.Y~' . ~ ~ .o ti .~ J ,~ ~ 5 .: .:~` ~, 2~-0 'i.o ._~: ^ - , ~; ~ 4 ' . ~ Y , ~ - , ~ „n `1 ~ ~+ ~ - .~~ ~ , ~- ~ Sc,+~ ;' ~ ' - 0 i o ~ p;t.n tk+~,+a WhT °'~, I ~~~ d r ~ ~ ? ~ ~ ~ ;'1'.. t,~ . ~~~ ~ , • ~ -~.::.. ~ .~. /f t5~ ~ , } .~ -~ r ~ --- ~. DSO Q~ ' 8 .., o _. -~ 396( -~f/__j~iS 9 ___: p -_- ~~~~ RECEIVED MAY 0 2 2013 BOgRD OFgpp~~ 0 APPEALS BOARD MEMBERS BOARD OF APPEALS TOWN OF SOLt7'HOLD Gerard P. Gcehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 oc~1FF0[I(~C~ 1 N ~ SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~(Q RECEIVED MAY ~ 2 2013 Appl. No. 3906 ACTION OF THE BOARD OF APPEALS BOARD OFAPPEALS Matter of CHARLES COLOMBO. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as disapproved, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. Property Location: 350 Oak Street, Cutchogue, County Tax Map No. 1000, Section 136, Block 1, Lot 48. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of CHARLES COLOMBO under Appeal No. 3906; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the east side of Oak Street, Hamlet of Cutchogue, an R-90 Zone District, County Tax Map No. 1000, Section 136, Block 1, Lot 48. 2. This is an application for variances from the Zoning Code Article XXIV, Section 100-244 B, for permission to construct a deck addition to existing dwelling, proposed construction will have insufficient sideyard setbacks. ~~ • Rec ~D MAY ~ 2 2013 Page 2 - Appl. No. 3906 Matter of CHARLES COLOMBO Decision rendered March 29, 1990 BOARD OFAppFe~ c 3. Article XXIV, Section 100-244 B of the Zoning Code, A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this Article and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and ensure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable Zoning Law. Such lot shall be granted relief for front side and rear yard dimensions as follows. 4. The subject premises in question is improved with a one and a half story frame house and is 6 ft. 7 inches from the north property and 58 ft. from oak Street. 5. in considering this application, the Board finds and determines: (a) that the circumstances uniquely related to the premises nonconformities; (b) that there is no other pursue; and placing the proposed the premises will require other of this and its method deck in variance application are established Eor appellants to any other location on relief; (c) that the area chosen for the deck is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was ~ bS~' Page 3 - Appl. No. 3906 ~~~® Matter of CHARLES COLOMBO Decision rendered March 29, 1990 ~y,t3 M,. 2 2093 RESOLVED, to GRANT a Variance in the matter of ~D OFAPPEALS application of CHARLES COLOMBO, under Appeal No. 3906, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there not be any further encrochment of the deck in any way to the south property line. 2. That the deck remain its present size of 12 X 16ft. 3. That it remain the same not attached to the house and remain unroofed. * • ~ df ~/~~!Cip~Ia.(l~ GERARD P. GOEHRINGER, CHAIRMAN ' ) ~ - r~ ,~ ~, •, F Y y~,~o. _ i,;sanG~. -- A .__ -: ;: , ~~- .. /Z/.6. ,:~ ~~ ~ ~: -- _ ~~~~" ~~~ . . ~Py o 213 :. • OppROOE~QFp~S /VLd~ 0~'~20~E2TY . SV1Ztii=YED F~2 SALV~ITORE G. a~~o M/M/ L. C4L-0MB0 ~'` ... AT CUTC:J-/OGUE. -: ~. ' ,. ~ Toww of Sc~urHOC.o, NY `, ,~ r1 ,, `o Z ~ ~r_..~ R` ` . r ^ ' ,~ __- - S 8'. __~ _ _ .erg . a _. ,~ ~ l~ ~1 ~ ~wnautm .uTEUro., w Z ! /z' ~' N t~ ,. rnn"'or. s~ aT1Aq ~ n°" « a" ' n - ~ 0 - ~ Eou<AnoH uw, o,uc srArt /7 ~YR MGM 0 1 " 1 O _ . _ ~_ `lO4dC ' fS! ~ S_-~ ~ ~ ~ U' = MOnYMT6?f 1~XE I~AKD ~r~5 SU4VfY MAI MOi rU4RDq MOS'S DaCtD S[Al O[ (U .gip ~ WSOSS[D SERI SY.ALL N:1T S[ C~,DEr[D •~ ~ '--~ -- -... .O ~1~{\ O s i/Oh p,'pC, TO C A YALD fSUF CCrf, ~ - 9 0, ~ ~ fi ~ p ~ agar t~{ `~ YEE'~"wnT wR vro" s,u4 nm ~ ~ L, , . ~ 4 111 n rSEPASEp, A,:D ow drs ~AV ro nrsun /022 •~EE .. .~~~ } ~ mLL COwAkr, rd` -1.3 LL+cwa Dm,nn,aE u~sr~EnM1,~ow ~" m S 82 °O!'/O" W. - ~ . ~, ~ '' 133.2 ,~ n ltd ro na wssoaES a r,a ' Dn,o,a uw~wrto ASS r,or~ sr~u~,Ea ro ADpT,DryK ~~~ Oe SUtSEOUE Guarah ~CCd ~ ale U.S. L ~'~c T •~~e y ~ ~~ /ns!•lrGtnce Com~~q.as s«rveye~N/ac~S,/~ Rs~d,~r~~" Y~ Yvyl, p. c, ' - ~l1otG i L.Of ?YT661$ ,S/rew? ns f9r. f0 : ~ ` / ~..~ . ..Mop o f Eexjor+et Kelyhtt i ~_- Va4..^,-{ "`.~y Q - _ ' fi/¢d in fhs ~Yffa/,fC. Gowrt~l LicBHSed LarAd Sw'vc}ar5 G/srk4' nfj~%et os Mvf Ns $56. Gr,eanper^t -- New Yo.'k .CgN6~EieNA _. /3G ~ _, _ _. _~/~~w1~9S~aT Qi9.fi}!s6- `.esWT ~N.in ~S ci'Mn~k' i (.9XFN> A _ l>, rLi~~ whouarri~s ~uav ~~~~- RECEIVEp MqY 02 Zp13 BOgRD OFAPPEq~ 0 r... ,~ APPEALS BOARD N[EMBERS Gerard P. Goehringey Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning „~O~~gUFFOI~.coG m y~ fQ/J Z oy~o ~ ~ao~~ BOARD OF APPEALS TOWN OF SOUTHOLD r~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 3, 1999 Appl. No. 4748 - ERNA LANG 1000-136-1-51 STREET & LOCATION: 220 Oak Street, Cutchogue DATE OF PUBLIC HEARING: October 14, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 ~~~~- RECEII/Ep MAY 0 2 2013 BOARD OFAPPEq~ FINDINGS OF FACT PROPERTY FACTS/DE~~'RIPTION: The applicant's property is a 19,441 trapezoidal-shaped lot with 83.11 ft. frontage along Oak Street and 143.87 ft. frontage along Eugene's Creek, in Cutchogue. The lot is improved only with aone-story frame house set back 83+- R, from the front property line. BASIS OF APPLICATION: Building Inspector's June 17, 1999 Notice of Disapproval which states that Article III, Section 100-33C: "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard setback requirement as set forth by this Code. Proposed accessory garage Is located in front yard five (5) feet from lot line." The June 17, 1999 Notice of Disapproval, corrected on October 14, 1999, shows that the front yard setback requirement for a lot of 19,441 sq. ft. in an R-40 Zone is required to be thirty-five feet (rather than 50 feet)." AREA VAatnnir~F RELIEF RE(~UEK'TED: Applicant requests a Variance for a location of a 24 ft. by 24 ft. accessory garage in a front yard area. The setbacks are proposed at five feet from the front property line and five feet from the northerly side line. The garage is proposed to be unheated and for storage and parking of vehicle(s) as an accessory to the owner's residence. REASONS FOR BOARD ACTION, DES[~IBED BELOW• Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: 1. Grant of the alternative variance at 30 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The garage is one-story in height and the distance remaining between the garage and the front of the house is approximately 27 feet. 2. The benefit sought by applicant can be feasibly achieved by the alternative 30 ft. setback. There is no other alternative feasible for appellant to pursue other than a variance, due to the size and shape of the lot and limited available area. 3. The grant of the alternative variance is not sut~stantial and represents 14.3% reduction from the code's 35 ft. setback requirement for a principal structure, 4. No evidence has been submitted to show that the alternative grant of the location for an one- ,. Page 2 - Novemt~er 3, 1999 BBA Appl, Nn. 4748 - lma tang Parcel 1000-l3fr1-51 at Southold story garage would have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The difficulty is related tb the land and is not self-created. In considering this application, the Board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new accessory garage, while preserving and protecting the character of the neighborhood and the health, safely, welfare of the community. i2E5OLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Totora, it was RESOLVED, to DENY the variance as applied for, and BE iT FURTHER RESOLVED, to GRANT alternative RELIEF to locate the garage in the front yard, with a minimum 30 R. setback from the front property line and minimum seven (7') from the side property line, SUBJECT TO THE FOLLOWING CONDITIONS: 1) That the building not be used for sleeping or habitation and remain as an accessory use incidental to the owner's residence, as required by Code; 2) That the building is limited to electrical udliGes (and outside faucets on the exterior of building), if proposed. VOTE OF THE BOARD: AYES: GOEHRINGER, DINIZIO RA, COLLINS. (Member Homing of Fishers Island was absent, out~f-state.) This ~ ution w~ dyly-adapted (4-~). 3ERARD P. GOEHI For filing 11/5/99 R~C~IVED AND FILED BY ~~U1'FiOLD TOW13 CLL;=~~ ~~ ///5~9~i Flour; __-~~ Tf3wgi Olexk, Towx of ~oufLol3 ~ ~~~- RECEIVED MAY 0 2 2013 BOARp OFAPPEgLs IJ \X T k I"-sw ' - ( APIM 19. 1909 ? aY Saw � . K y Jyri i \ Ni.1y4AA 'tn D \\ M $ i 10444i mad. R v toocubw �b u. . a rariwt ,u t£ rD O ,. Y. NO. 4991$ ANY ALIERA RON QP ADDITION NEW 70 THIS SURVEY IS A N0LAW OF EXCEPT CR Of N NE1Y SU STATE 2. ALL CN CAW EMON AR P[R SECTION HIS MAP ON P. ALL CfR71PICy(F P. 0. G�� NERFON ARE VALID FOR THIS MAP AND COPIES THEREOF THE My E P. O. QQ iosiA "'//� MAP ORE A BEAR 7Nf RIPRESSED SEAL OF ME SURVEYOR 1230 T SIGNANRE APPEARS MfREON. SOU FNOLD, /j ~._::.. _ _.. .. ,ate ~o~~ sr e. i ': ~---x~ __ -- - _-. -- __--- -- - - -- (~~~~ ~~® MAY.~22013 app pF APPEALS O APPEALS BOARD MEMBERS ~ FFO( SV ~' Southold Town Hall O~ CO Gerard P. Goehringer, Chairman ~ Gy ~ 53095 Main Road James Dinizio, Jr. P.O. Box 1179 Lydia A. Tortora W ,z*, Southold, New York 11971-0959 Lora S. Collins ~,j, • ~ '~ a ZBA Fax (631) 765-9064 Tele hone (631) 765-1809 George Horning Ql ~ ~a p BOARD OF APPEALS TOWN OF SOUTHOLD ~ ~~~ FINDINGS, DELIBERATIONS AND DEC[SiON ftECEjVED MEETING OF AUGUST l6, 2001 MAY 0 2 213 Appl. No. 4983 - JOYCE G . MONK 1000-136-1-53 (and 52 of J. Brown) Location of Property: 130 Oak St., Cutchogue BOARD OF APPEALS Date of Public Hearing: August 16, 2001 FINDINGS OF FACT PROPERTY FACTS: Applicants property is a lot of 15,273 sq, ft, with frontage of 49.55 feet on Oak Street in Cutchogue and depth of 230 feet (North) and 166 feet (South) to Eugene's Creek. I[ is improved with a 1-L/2 story frame house. BASiS OF APPEAL; Building [nspector~s Notice of Disapproval, dated May 2, 2001, denying a request to move the northerly lot line 7.45 feet to the south because the resulting lot, at 13,716 sq. ft., is less than the 40,000 sq. ft. required in the R-40 zone. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the reduction of her lot by 1557 sq. ft, by sale of a strip 7.45 feet wide along the northern boundary to her neighbor, James Browm (SCTM 1000-136-11-52). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Lots in this neighborhood are small and the houses, which predate zoning, are close together. The lot of applicant's northerly neighbor, James Brown, is so narrow that his house lies virtually on his northerly and southerly lot lines. He cannot go from his front to his rear yard without passing over applicant's property. 2.Applicant proposes to sell a 7.45-foot strip to Mr. Brown, giving him a southerly side yard of +/- eight fcet. His lot will increase from 9972 to 11,529 sq. ft. 3. The proposed lot line change will have no effect on the appearance of the properties and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. The action set forth below is the minimum necessary to enable applicant to arrange a reasonable lot line with her neighbor, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Gcehringer, it was ' A ~ • Page 2 -August 18, 2001 Zl3A Appl. No. 4983 - J. MONK Re: 1000-138-1-53 (and 52) at Cutcnogue RESOLVED, to GRANT the variance applied for. l~~" ~~s~ REC NED MAY ~ 2 2013 BOARD OFAPPEALS This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Gcehringer (Chairman), Dinizio, Collins and Homing. (Member Tortora was absent.) This Resolution was dy y adopted (4-0). Approved for Filing ~, RECEIVED AND FILED BY THE SOUTHOLD TOYJN CLERK DATE ~~ac/r HOUR ~^';/d P.,: Town Clerk, Town of Southold _ ~ ~~ > ~ _ ~ ` ~ }~ " _^ LOF:Mf)NBERS .REFER TO 'HAP OF ~~ ~ ~` '`'•" EUSENE HEIGHTS' FILED IN THE - ~'~.~~ ~~~~54• -~~!~ _~ ~ _ Sf1FF0[,K COUNTY CLERK'S OFFICE y 24~R ZO//r 7 EJ~jL+ I+LZ.f ]~~'f`r'L~ i .. QN OCT 29, 1928 AS FILE NQ 856 3 a L1t~L l.IlLYS~V'G ~ ~ti ' AT "C~TCI~OGUE` 1~ ~ ~~ ~~`, of ppp~~ 7'O i~N l?F, J~f~ U~'.t~QLD \\ - ~ ~ supR~ SUFFOLK Cd ~1~~'I Itt:~s ~ PORK ~r ' j~~,, _ _ It100-f~8-df-52 do 53 ~ `L SCALE: Ir'=30' \ ~, , q ~ SF.PT F4. 2400 0. +~ ~ ~ `.. - - NRY. 7 ZD00 ! rpvhhfon 1 4` ~ "Pp~ 4~ 8 >~~/ APR2 16r 2001 ! rsvHlon J ~~~Qy as~j y ~ JD' f fors ~,.~~ nsea.ln....«.J _ ~ i k''• O \ Y ' 4 -~ \ ~ T ~,?~~, "Af eQ lore ~~. ~^~ ssc, >" _ ?394. gp ~ ~ ~0 4r ~ ~ i `,1op S,~S \ Q mil' b \ or ~ ~ r 5. e'~ ~: a 6 \ I '' C` OIQrS\ ~ (Or6 ~\ 'M3 _ \ .~ ' OWNERS ~~~. ~ \ `~~. /000 - !36 - Ol r 32 JAMES BROWN ~ ' IFO OAK SFREET {i - ~ CERTIFIED F0~ ,. ., _. WTCN06l/Ea N.Y.. +~~, ~ .. - , JAMES BROWN ~ "N~b - ~ , ~ lDYCE MONK 1000 - 136 - 01 - 33 ~ \ - OF RE~ y ' r NOTEr -,~ r: ~' ' ~30~ArRf£T ~~? i. g _ a ~ Y ~AREA~~N~l/Gff£R '~ QIFfJp~SU£r MY. y1~S ~ ~0~'~'y~~r d094' . < _ ,:. ~Hr AL ICRAi ~. Y "f~~T' .yfr', tS a'vtckArtoN ~ ~°`~~ '~ -1797 ~ T LAV ~'QF 4nr a = ss~a s..= ~ - .~.: 14~ ~_ _Y Y I ~o... 'Ldm1T "Sr § Fl'LLT'd = rP73 SFn °' '•7io„ .,.N -._ ± F .. / • / ~ t ,... I ,,; - ~ / m I ~hm. ..:: / _ _ / Y .~ ~~ O ~.. 4 - - ~- - - _ - - - - ~ - -.~ - - - - - -- - - - EUGENE'S w CREEK NgReoR o w .,,... (q NF MFRS ANO BOUNDS BY. PRCONK SURVEYORS, HIHN T. MEi2GER UL Na. 49618. DATfOJULV 5.]W) SITE PLAN SCTM No. 1000-136-01-53.3 SCALE: 1" = ZO'-0' LOCATION: AREA: LOT COVERAGE: AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26 ACRES AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES BUILDABLE: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19.1% PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.4% PROPOSED COVERED PORCH: 169.7 SQ. FT. 2.5% TOTAL 1484.1 SQ. FT. 22.0% REVISIONS: pi~'^ a ~~~~ ue° I 0 w a a ~Q~yy ~LV `V F N z 0 H 0 O mz x pU~. ~ ~U URAWN' MN/MS lOB/: H, 300 9HIYT NUMDPR: S-1 ~~ ~tECEIilED f~Av ~i U r'I~. OOARD OF APPEALS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 TeC(631)765-4330 Fax: (631) 765-4643 May 30, 2013 Zoning Board of Appeals Town of Southold Main Road, Town Hall Annex Southold NY 11971 hand delivered w~sa- RECEIVED ~1AY 3 0 2013 BOgRD ppgpPEgCS RE: BROWN Dear Chairperson Weisman and Board members: With reference to the above hearing, please be advised the house has been moved away from the retaining wall and enclosed are 8 sets of the revised plans. I am also enclosing a copy of the executed 10 foot easement agreement. Thank you and please do not hesitate to call should you have any questions. Thank you. Very truly yours, _~~ ricia C. Moore PCM/bp Enc. M RECEIVI:<n~ / /~~ MAY $ U 201:3 l~k Easement Agreement BOARD OFAPPEAL$ This agreement, made the ~`~day of May, 2013, between James C. Brown, II and Susan D. Brown ,residing at 170 Oak Street, Cutchogue NY 11935, hereinafter referred to as "Brown", and Joyce G. Monk, residing at ] 30 Oak Street, Cutchogue NY 11935, hereinafter referred to as "Monk"; and WHEREAS, Brown is the owner of a pazcel of land at 170 Oak Street, Cutchogue NY 11935, in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Lot No. District 1000, Section 136, Block O1 Lot 53.3 ;also known as Lot 8 and part of Lot 7 on Map of Eugene Heights, filed in the office of the Clerk of the County of Suffolk on October 29, 1928, as Map No. 856, and Monk is the owner of a pazcel of land at 130 Oak Street, Cutchogue NY 11935, in the Town of Southold, County of Suffolk, and State of New York, known as Suffolk County Tax Lot No. District 1000, Section 136, Block O1 Lot 53.1, also known as part of Lot 5, Lot 6 and part of Lot 7 on Map of Eugene Heights, filed in the office of the Clerk of the County of Suffolk on October 29, 1928, as Map No. 856; and WHEREAS both of said parcels are contiguous so that the southerly line of the Brown parcel is identical and coextensive with the northerly line of the Monk pazcel; and WHEREAS Monk agrees to grant a 10' easement, running along the northerly 201.48 feet of the Monk parcel to Brown for the purposes of maintaining an unimproved area, without structures, between the two respective parcels for the purposes of leaving an access open for emergency vehicles, and other reasonable purposes; WHEREAS Brown has applied for a variance to construct a new dwelling at 5 feet from the Monk property line. Monk had agreed to sell the additional land to Brown, however, rather than a lot line change which would be costly and time consuming resulting in decreasing the size of the Monk pazcel and increasing the size of the Brown parcel, the parties have agreed to place an easement on the Monk parcel which can be used for emergency access to both parcels, as well as grant the Brown parcel an open area 10 feet in width for all reasonable purposes, including but not limited to, access on the southerly side of the Brown house for construction, maintenance and repairs. WITNESSETH: That, in consideration of the mutual promises herein contained, and four thousand five hundred ($4,500.00) dollars from Brown to Monk, the said parties hereby agree as follows: 1. Monk hereby agrees to grant and convey to Brown an easement over the northerly 201.48 feet of the Monk property [SC Tax Lot No. 53.1 ] as shown on the attached survey; 2. Upon receipt of approval from the Southold Town Zoning Board of Appeals granting the requested variances, wetland permits from the Southold Town Trustees, and Health Department approval for a new sanitary system, Brown will pay Monk $4,500 and Monk grants the above ~ ~~~ RECEIVED described easement, at the Brown's sole cost and expense, to be recorded as against both properties to be certain that it is properly indexed against each parcel concerned in the Offip~plij 0 2013 the Suffolk County Clerk. BOARD OFAPp~ 3. That neither of the said parties, their respective distributees, devisees, personal representatives, successors or assigns, upon whom this agreement and conveyance shall be binding and to whom its benefits shall inure, shall in any wise impede or obstruct the other party in the free use of the said portions of the said lots for the purposes set forth above. 4. That Monk reserves the right to maintain and improve with asphalt her driveway. 5. That this agreement shall run with the land. 6. That each of the parties hereto is seized of an estate in fee simple in its respective parcel and that the same is free of all encumbrances. 7. That it is agreed and understood that the Town of Southold Zoning Board of Appeals has relied on the statements herein to grant a side yard variance on the Brown property. 8. The parties mutually agree to indemnify and hold harmless the other for the acts of their respective guests, contractors or invitees. TN WITNESS WHEREOF we have hereunto set our hands the year and date first above written at zC~C Zc~ ZO/3 ,New York. Susan D. Brown (~~~~ ~C~® STATE OF NEW YORK Mqy 3 ~ 2013 COUNTY OF SUFFOLK ss.: BOARD OFAPPFq~ On the ~ day of C , 2013, before me, the undersigned, personally appeared James C. Brown, II personally own to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted,. executed the instrument. Notary Public PATRICIA C. MO%t!~ Notary Public, State at h~r~Y Yr:rx SuffolkCounty-No.r;i3£=Efie:d ~`ommission Expiros Ju. a ? 6, ~~L STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the ~ day of ~lZ o-~ , 2013, before me, the undersigned, personally appeared Susan D. Brown personally kno to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~~_. Notary Public PATRICIA C. MOORS Motary Public, State of New Ym',. Suffolk County - No. 4861661 Commission Expires June i 6~ STATE OF NEW YOKK COUNTY OF SUFFOLK ss.: On the c-~ day of , 2013, before me, the undersigned, personally appeared Joyce G. Monk personally kno to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. -- ~.. ~---- Notary Public PATRICIA C. MOORS Notary Public. State of New York Suffolk County - No. 48818 8§, „ Commission Expires .June 7 B, ~-`1~ REVISIONS: i~ :if' a ~ ~ 'a_ a ~~ ~ .~ w ~~°~° ~ ` `' ~ z dO °~ a W w F ~ y O_ ti ~ W q o rn O m~ x ~~ ~~ ~ °~ as DMWN: MN/MS SCALE: IN'~P-0' lOB N: lose IQ 3011 SNEET NUMBER A-1 d~~ ' ~ W~J~ RECEIVED . 4 ;lUN 10 2Ui' ~ o Z pOARD OF APPEALS i na~w_ -,~.- EAST ELEVATION sw.e: i/e" a r •$ ~ .~ o o Z w no;ur_ 'YIli- NORTH ELEVATION SCALE: 1/8" = 1' I REViSIONS:I D iii ii` ~~~~ ~~ ~~~~ d z 0 a H ¢~ z 0 a a~ x° ~ ~ o~ °~ ,~ 3 a a A-2 V ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAMES & SUSAN BROWN #6652 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-136-1-53.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) -~(~~ sa AFFIDAVIT OF SIGN POSTING I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 24T" day of April, 2013, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, May 2, 2013 Sworn to before me this ~ day of May, 2013 l Pa ricia C. Moore \ / BETSY A. PERKINS ~` ~ Not ~ P fie; State of New York No.O1PE6130636 Pub C Qualified in Suffolk Cou Commission Expires July 18, I ~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. i ~ ~~~~- 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: htro://southtown.northfork.net April 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, May 2, 2013 Hearing Qtr 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 April 15m: 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 nevv construction area rsr other reguest, by CERTIFIED 1NAtt, 12ETURN 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 and to confirm how arrangements were made in either a written statement, or during the hearing. aroviding the returned letter to us as soon as possible; AND not later than April 22nd: 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 April 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 30, 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. Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ,~,'~ OF SOUjyo~ ~~~~ ~ ~~~,~ ~y00UNi'I,N"~'" http://sou[hold[own. northfork. ne[ BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Apri14, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Boazd Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6652 BROWN, James Dear Mark: Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 1000-136-1-53.3 We have received an application for demolition, reconstruction & alterations/additions. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, aze 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 yoars, Leslie . Weism Chai on By: F~cAs - Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (a[ Youngs Avenue) Southold, NY 11971 ,~'~OF SOUI~o~ ~~~ • ~O http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 4, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6652 Owner/Applicant : BROWN, James Action Requested: Demolition, reconstruction & alterations/additions to existing seasonal cottage, bulkhead setback, combined side yard setbacks and lot coverage. 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 ZB< By: Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAMES AND SUSAN BROWN #6652 (Name of Applicant) CTM Parcel # 1000-136-1-53.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) ~~ ~` ~ ~'S ~' AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the ~ ~ ~ of April, 2013, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the X) Assessors, or ( )County Real Property Office ,for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. gTh` Sworn to before me this day of April, 2013 ~G~~~z~<~.~ ( otary Public) MARGARET C. RUTKCWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk CountY_ Commission Expires June 3, ~l ~/s BROWN NEIGHBOR LIST #6652 SCTM: 1000-136-1-53.3 BETTY R DEROSKI REV.TRUST C/O TWOMEY LATHAM SHEA & KELLY PO BOX 9398 RIVERHEAD NY 11901 SCTM: 1000-136-1-24.1 ERNA LANG TRUST 220 OAK STREET CUTCHOGUE NY 11935 SCTM: 1000-136-1-51 JOYCE MONK PO BOX 772 CUTCHOGUE NY 11935 SCTM: 136-1-53.1 RECEIPT RECEIPT RECEIPT 7104 gg3q gp9000001171 71042438809000001188 ]104 2438 8090 0000 1164 '~. FROM: FROM: FROM: Moore Law Office Moore Law Office RE' brown zba hearing Moore Law Office RE'. brown zba hearing ' ~ RE'. brown zba hearing SEND T SEND TO: SEND TO: RETTV R OEROSKI REV TRUST ERNA LANG TRUST ~I ~~` ~ 220 OAK STREET 11935 ~G UTCHOGUE NV 1']9, CIO TVJOMEY LATHAM SHEA 8 f ~ ~1~ cuT L / RO BO ~ 1.)"Ch O Ny > ~~ 5° ~ FED ~ 5 20b3 /~ . '9~ ' F J EES'. 9 ~~ ~ Postage /048 Posta 0_ ip CeRified Fea / 3.10 ~~ 5 X13 31 Ce rfi I ~/f~p 55 Return Receip, / 2.55 Gertii Return Re~~iV ,f str~SdPS// Return Receipt 25 Restricted ~ Restricted 6 ~ ~ TOTAL $ 6.11 TO L $ ~ fi T (/c , DATE POSTMARK OR DATE v[1ST U DATE PO ~~~ ~~ MOORE LAW OFFI ~ 51020 MAIN ROA~ SOUTHOLD NY 11971 or ~ Agent) Clearly) Date of Delivery ~/~~3 4. Restrictetl Deliv 3. Service Type r' (Extra Feel ~ Y~ CERTIFIED ~ T. Article Number 7104 2438 8090 0000 1164 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ; ~~~ 7104 2438 8090 0000 1164 ~ 7. Article Atltlressed To: mFmmnee~,u,.enys.,,e,n BETTY R DEROSKI REV. TRUST C/0 TWOMEY LATHAM SHEA & KELLY ~Fldor-(aleSse ai:,i"c7e:dyj PO BOX 9398 RIVERHEAD NY 11901 ~ v~~ .... siaie nb . a cdde ~ M00RE LAW OFFICE SOUTHOLDINYR11971 (t7 Addressee or ^ggent) (Please Print Clearly) Date of Delivery D.Addressee's Adtlress lnmrronMemmaee,.,,u,.eeys.ne.p Sbte ~~~~~-~~~~iio~: ~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 I A. n _______.e +_ 4. Restrictetl Delivery? A Service Type (Extra Fee) ^ Yes CERTIFIED ~ 2. Article Number 7104 2438 8090 0000 1188 IIIIIIIIIIIIIIIII~I~IIIIIIIIIIIIIIIIIIII 7104 2438 809D 0000 1188 1. Article Addressed To: JOYCE MONK PO BOX 772 CUTCHOGUE NY 11935 i. r ~' 4. Restrictetl Delivery? 3. Service Type ~~ IErtra Feet 11 Ve~RTIFIED f or ^AgentJ 2 Article Number 7104 2438 8090 0000 1171 IIIIII IIIIIIIIIIIIIIIIIIIIII VIII IIII III 7104 2438 8090 DODD 1171 ~ 1. Artlde Addressed To: ERNA LANG TRUST 22U OAK STREET CUTCHOGUE NY 11935 ei.ie #11152 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 18~h day of Aoril, 2013. ~~, ~~ Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 2r 2013 PUBLIC HEARINGS NOTICE IS~EDr.REBY GNEN, pw- suant to Sacdoa267 ofthe Town law and Town Code Chapter 280 (Z6aing),Town of Southold, the following public hear- ings will be held by the 90UTHOLD TOWN 7fi1NIlNG BOARD OF AP• PEALS at the Towv HaH, 53093 M•Ip Road, P.O.Bos 1179, Somhoid, New York 11971.0959, on THURSDAY MAY S.2OL?t 9'30 A.M. - KHYIOGENOR POIN'1: INC. (BINrjj~nlt --,#6550 - (Adj. from April 4, 2013 PH) Re-Opened par Bond Resolution. Based on the Huiidfag In- spector's March 5, 2013 Notice of Disap- proval based oa work performed is be- yond the scope of the ZBA decision, l) deemed a demohtioa and ebastrudfoa of new singlefamily dwelling, located at: SO Iaclkeon Street (adj. to Grwt Peconic Bay) New Suffolk, NY SCTM#3000- 116-6 24.1 10:00 AM-MATTITUCK PLAZA. ~ 06635- Request forVatiancea from Artice III Code Section 280.15 and [he Building ImjSemor's December 17, 2032 Notice of Disapproval based on an ap- plication far building permit for an "as built" accessory building, at: 1) .located at less then me code ragttved 23 feet from any property Ijae, 2) more than the permitted lot coverage of 30%, lo- sated at. T0095 Mein Road ek8 NYS 25, (comer Factory Avenue) Mattituck, NY. SCIM#1000.142-1-26 me this l1itS0~aL. - RiCAArti~ ZeLxR_s lllf!&¢T RequestforVsriancesfromArti- cle }GUII Section 280.124 end the Bufld- mg hupector's January 23, 2013 No9ce of Diaapprovtlbaeed on ea apphcation for building permit fot "as built" deck,and raixd patio addition to existingaingle fnadlydwelling, as 1) less than-the Bode roquirad reiaimum rear yard setback of 33 Eeet,2) more t6aa~the code permitmd maximum lot coverage of:20%, located m: 443 Martens (,arse Matdtuck, NY. 12 SCM#1000.143.3=29~ - R ~ fSk M.. ROMAN ATHO :T III £Yi11~~~SAC~D~~' x7c !~+ -'Request for VCrfsace under Ar- ~ tide N Section 280.14 and the HuSdiag:. Disc Inspector's January-28; 2013 Notice of bull Disapproval baeed,on an applicadoafbr m' building permit fore lot line change, at: swY Proposed I,ot #10.1) lass than the code than required minimum lot size of 8(1,000 ul. cover fr., located at 3400 Depot Lane end 4200 code Depot Lane, [,7ttehogue;NY.SC1'M #'s- Brow 1000.96.5.12.1 --" ~ for Variance from AttideIV Section 260.18 (Bulk Schedule) and the Buil~ng Inspedor's February 13, 2013 Notice of Disapproval based on m application for building permit for additions andaltera- tioaeto exiaCingsioglcf9ttaly dwelling,at: 'i 1) lace tliia4BYe aside trogaired minimum rear yard-eetSack of 30 feet, located at: 2105 Brown's Hill Road, (wmer North View Drive and South View Drive) Ori• eat, NY. SCI'M#1000-13-1-8 1130A.M. - NICK PALUMBO #6646 - Request for Variance from Article ID, Sectibn 280-33 and the. Building Inspec- tor's Marsh 7, 2013 Notice of Disapprov- al based on en application for building permit for cowtmetion of accessory in- ground swimming pool, et 1) accessory in-ground swimming pool is proposed io a location other than the code required rear yard; located at 1243 Gillette Drive and East. Gillette Drive East Marion, NY. SCCM#1000-38-3-5 tn!+us-M- aFHBN mkd SEVGl UYANIK Y6644 - RequaR for Variance from Article XXII Section 260-116 cad the Building Inspeddr's February 27,. 2013 Notice o[ Disapprovalbesed oa~aa app8ution for bu8ding permit far addi- tions and iterations to asingle-family dwelling, at: less than the code permit- ted setback of 100 feet from the top of b1ufL located at:64873 CR 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY SCI'M#1000-04-1-4 day of l .Y/I/l~l~/~^1 A,~ 2013. \/V v -v CHRISTINA VOLINSKI NOTARY PUBLIC-STATE Of NEW YORK No.01V06106080 Cuallfletl In Suf}olk County My Commislon paplnc hbtuery 4p, 2016 equast for Varianoes from Arfide Code Section 280.13 end Amide III ffecnon 280-124 and the BuSd- Lrspedor's Mardid9, 2013 Notice of , PProvgl basad'on^an application for ding permit:fo cowtruU actlt2atity I gromd swimming~;poo4 ac 1) aceas- pool is proposed iaa location other :NIP.M - 7 nrlrc aav ~ry M6ZS0 the code requued rear yard, 2) lot ' age at men-than. the maximum permitted 20%, located al: 615 a Street (corner. Seventh Street) eenport,NY, SC1M#1000.45-3-18.1 1i30PM - MICHSVr M Nvvrrsc '. #6641-Request for Vadancec fromArtf- deXXIIISecties 280.124 and the Build- ing Inspector's March 11,2013 Notice of Disapproval based on m applicadoafor bufldingpermit to demolish and re-con- struct en existing single famay dwelling, et: 1) Tess than the code required mini. mum aide yard setback of 10 feet, 2) Iep then the total combined aide yards of23 feet, located et: 80 Oak Court (aka South Lane)(edj. to Gardiners Hay), Bast Mar- foa.NY. $CTM#1(100-37.6 ].3 Request for Variances from Article N Section 280.18, Azticle X1CII Section 280.116 (Bj and Artlcle T[I Secdoa280. 13C sad the Building Inspector's March 6, 2013, amended March 14, 2013 Notice of Disapproval baredoa an apphcation for building permit for additions and alterations to an exsting single family dweWng and constnm[ipn:of a new as cessory garage withgu4et quarters, aF. 1) less than the minimum code required side Yazd setback of 13 feet, 2) less then the code roquved brdkhead setback of 7;: fact for additioas.a~alteradom to the dweBiag, 3) ¢ttest quarters are not a (adj. to litde Pecon- e,-NY. SCI'M#3000. eS:IPI Ctxfe Secden280.35 aaathn Btti[d- ittg Impemor°s March 14„ 2013 Notice of Dieap'proval based. m application for buildiag.pe~ Osr two "ace bu0t"existing racoastnacmd saeeaaory bteidi~l, at 1) one acereary MBdiog is heated at leas than thm mde~aq aired mitdtnpt side and reaE•yyd tlHOecka of 10 fxG2) sec- ond ebeeeafry buBis located at less Chao the node required minimum rear yard xtbadk of 10 feet, located ak 13305 Main Road (State Routs 23) NY. SCTM#lfl(10.140.3-39 285.1I6Baad Atfiele'}pfIIIC&de Sec- tion 280.121 and the BuHdmg- Inspec- tor's AprO.lb: 2012, revised March 20, 2(113 Noifce df "Disapproval based on m appHention forbuBdfag permit for demo5tioaandrecoartructim and addi- tiona+altereaoasm an exietfng aeaaoeal cottage at; 1) bulkhead aetbadk of lass Chao -dre coda required 73 feet, 2) less then. the code requireC'ntaanwn side yard:setback of'l0feet;S) less Utaa the totaltxsmbfned else yards of23 feet, 4) more than the: mmamum code:perart- ted lot coverage of 20%;.located at: 170 OekStreei {ad1, to.Eupeae'e.Creekl Cu- 280-12t Disapprovakbaaed od an applatiou for building parmif tar "aebu0t" deck n8di- tioe to existing. sicglm family dwelling: 1) more than the code permlttetl maxi- mnm lot cdvetaga ot;20%, li>cated at: 1330 Bayviesr Aveaun Greeaport, t41. The. Board of Appeals will beer all persons ~or~tlteir representatives; desir-- fag fo lie Ifaatd et.eadp: hearing, andlor dCBning m~.attbmitwtitten atatemell[a before Wei onddudon of each hearing. Eaehtiearing will sot erect earlier than de®ggated aW'ye. Ries ere available for review duripg regular bueinecs hours and prior m the day of the healing. If you have quatloas, plwe contact ow office lt, (631) 765-18(19, or by email: BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Horning Ken Schneider ,~'-'~OF SOUI~o~ ** ~i~ Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 1197 I -0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY (1971 http://southold[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, MAY 2, 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. MAY 2.2013: 2:45P.M. -JAMES and SUSAN BROWN #6652 - Request for Variances from Article XXII Code Section 280-1166 and Article XXIII Code Section 280-124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additions/alterations to existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%, located at: 170 Oak Street (adj, to Eugene's Creek) Cutchogue, NY. SCTM#1000-136-1-53.3 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.Tothla~Town.Southold.nv.us Dated: April 8, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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: BROWN, JAMES # 6652 SCTM # 1000-7 36-1-53.3 VARIANCE: BULKHEAD 8 YARD SETBACKS 8 LOT COVERAGE REquesr: DEMO & RECONSTRUCTION DATE: THURS., MAY 2, 2013 2:45 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ~ ~¢ ~¢ ~,~~~~ ~~,~ ~\~ ~ ~~, 5 #11211 ~ ~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) :~~~c~j:~r~ P~pARD tJk,~PfriEAG.~ 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 23`~ day of Mav. 2013. ~ / / /i- Clerk Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOAAD OF APPEALS. THURSDAY TUNE 6, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant foSection 267 of thelbwn Law and Town Code Chapter 280 (ZoWng),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 JUNE 6, 2013: 9:30 A.M. - NI HO a ad MARY ANTONr_ I I M66 8 (adj. from PH 4/4/13) Request for Variance from Ar- ticle XXII Section 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an ap- plication for building permit for addi- tions and W[eretione to existing single family dwelling: 1) less Nan Ne code required minimum front yard setback of 35 fee[, located at: 770 Shipyard Lane (corner Landon Road) Southold, NY. SCTMM3000-64-0-20 9'45 AM -ARTHUR cKFtR~ and NAN MOLOFSKY 6665'+-Request for Variances from Article XXII Section 280-116 (B) and Artfck IV, Section 280- 18 and Ne BWlding Inspector's April 3, 2013 Notice of Disapproval based on m application for building permit for addi- tions and W[eretione to an existing eitigle family dwelling at; l) less than the wde required bulkhead setback of 75 fee[, 2) less than [he code required rear yard set- back of 50 feet, located at: 510 Bayberry Road (adj. to Wunnewe[a Pond) Cu- tchogue, NY. SCTM#1000-111-14-36.8 r- 1(iZIu~A Aa - FEIiIM A CFYn~ UYANIK M6644 _ (adj. from PH 5/7J13) Request for Variance from Article XXII Section 250-116 and tht Building In- spector's February 27, 2013 Notice of Disapproval based oa an application for building permit for additions and alterations to a single-family dweWng, at: less than the wde permitted setback of 100 feet from the top df bluff, located aC 54875 CR 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY 5CI'MM1000-44-1-0 7020 A M - IAh"FC a d S AN 6R0_WN k66~7 _ (adj, from PH S/2/13) Request for Variances from Article XXII Code Section 260.116B and Ar- ticle XXIII Code Section 280-124 and the Buildng. Inspector's April 10, 2012, revised Meroh 20, 2013 Notice of Disap- proval based on an application for build- ing permit for demolition and recon- struction and additions/alterations to an ezistng seasonal cottage a[; 1) bulkhead setback of less Nan the code required 75 fee[, 2) less then the code required mini- mum side yard setback of 10 feet, 3) less than the total k:ombined side yards of 25 feet, 4) more than [ht maximum code permitted lot coverage of 20%, located aC 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY SCI'M#1000- 136-1-533 10:45 A M - f FCI rP ~ ~*~ n~crv 66654 -Request for Variances Article XXII Section 280-116 (B) and Article III, Section 280.15F Ne BWlding Inspec- tor's Apri12, 2013 Notlce of Disapproval based oa en application for building permit for in-ground swimming pool end "as built" shed at 1) proposed in- grauod swimming pool at lea Nan the code required buONead setback of 75 feet, 2) "as boil[" shed at lees then the code requred bulkhead setback of 75 feet, 3) .e built" shed" a[ less Nan Ne code required front yard setback of 50 feet oa waterfront property, located au 1440 Kimberly Lane (adj. to Southold Bay) (North Hayview Roed) Southold, NY. SCTM#1000-70.13-20.10 ~~_ day 3. l L~ ISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. O1 V06105050 9ualllietl in Suffolk County My Commisslon Expires February 28, 2016 11:00 A.M.. MARY NN WO tl- ZOK and 70HN WOr C20K ~d N. r_GE ALOISIO 6665,° -This is a request for a Waiver of Merger under Article iI, Section 2B0-10A, to unmerge land iden- tified as SC1Td k1000.144-1.12, based on the BWlding Inspector's February 5, 2013, Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shah merge until Ne total lot size conforms [o the current bWk schedule (minimum 40,000 square feat iv this R-40 Resi- dential Zone Du[rict) Nis lot is merged with lot 117110-144.1-13, located at: 1830 and 1880 Sigabee Road Mattituck, NY, SCCM>i's1000.1441-12&13 t120 A.M -TIINOTHY bs MANRc # -Request for Variance from Ar- ticle XXII Section 280.116 (B) and Ar- ticle III, Section 280.15 and Ne Build- ing Inspector's March 21, 2013. Notice of Disapproval based on an application for building permit for demolitoh and re-construMion of a cabanalahower and decking, at 1) leas Nan Ne code required bukkhead utback of 75 feet, 2) less then Ne code squired 10 Poot setback for accessory structures, 3) tie proposed cabana is not a permitted accessory use, located au 7725 Nassau Point Road (adj. [o Little Pecdnic Bay) Cutchogue, NY. SC['MS1t700-118.45 11:40 A.M. - RAYMO_N_I) and JOYCF VACTOLs M6655 -Request for Variance Article XXII Section 280-116 (B) anti the Building Iaspecor's April 8, 2013 Notice of Disapproval based on m application for building permit [o construct m aaxesory is-ground swim- ming pool, additions and alterations to m existing tingle family dwelling at; 1) less Nan the code required bukkhead setback of 75 feet, looted an 2795 Wells Avenue (adj. m Jockey Creek) Southold, NY SCCMS1000-70.415.1 tm[xM -DAVmTLR?NERN6658- Requet for Variamxs Article XXH Sec- tion 280.116 (B) and Article III, Section 280-15F the BuUdmg Lupector'a April 29, 21113 Notice of Disapproval based on ao applcetion for building permit to demo1iah existing single family dwelling, construct new single family dwelling and accessory garage at; 1) proposed con- struction at lass than Na node required bukkhead setback o€75 feet, 2) accessory garage proposed is location other than code requred rear yard or in the case of waterfront property may be located in Ne front yard provided it meets [he prin- cipal aetbaclt, located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY SG7'MY1000.80-1-07.1 t: nRM-FORK ANCHOR C (TRACEY BYRNPC) 4'6659 -This is a request under Sectors 280-146D for an Interpreation of Ne Town Code, Artist XXII, Section 280-121, "Non- conforming urea", appealing Ne BuUd- ing Inspeaor's March 14,.2013 Notice of Disapproval for a permit to convert m accessory bam into food preparatlon for existing retail store, located at: 8955 Route 25 (aka Main Road) East Marion, NY SCl'Mi1000.31-3.16 The Board of Appeals will hear all persons or Neir representatives, desu- WB to be heard at each hearing, and/or dei[ing to submit written statements before the eoncusion of each hearing. Each hearing wiU not sart earlier than designated aliovd. Fles are available for review duringtegular businea hours and prior to Ne day of Ne hearing. If you have questions, please contact our og"ice at, (631) 765.1809, or by email: Vicki.TbNODTowa.Southold.ny.us . Dated: May 6, 2013 ZONING BOARD OF APPEALS LPSL€E KANES WEISMAN, CHAIR- PERSON BY: Vicki ToN 54375 Msin Road (O~ce Location) 53095 Maia Road (MWiog/USPS) P.0. Hox 1179 ~~~~ RECEIVED are n3,~,,~ BOARD OF APPEALS NORTH ELEVATION scare: i/s° = r EAST ELEVATION scn~: i/s^ = r ~~s~ 6'~ECEFVEC BOARD OF APPEALS NORTH ELEVATION SCALE: 1/6" = 1' WEST ELEVATION SCALE: t/8" = 1' REVISIONS: ~~s~ ~€~ ~~~4~ t~ r ~°a^ $ ~ d8x O ~ ............... a ~~ MAFIIB .. ............ PART ~ i M.~R Rm¢rr/M r/J .....ssnv rfi-~ l d COVERER CORCH wee g I"q ae~eem Q :....i , .: ~- ~ p:............ F a V a .......... . 8}~ do -.- UD ~ ~~ ~ ~ i .b ~ ~ z IYP VUTE HEILHII 1ST. FLOOR PLAN ~pRO]ECT NORTH '"'~~ ~ " z scams: uR• = I ,~~ ~ ~' 3 °5 o ^-~ PA p1AWH: MN/MS SCALE: I/{•=1'D' qBN Mnd3E A1] SHEEPNIIMBER: A-1 2ND. FLOOR PLAN ~pROJECT NORTH scams: i/s° = r REVISIONS (0W J RECEIVED MAY 3 0 2013 ROAROOFAPPEALS EDGE OF WETLANDS MHWM \ \• MHWM AS PER ^ 'v FILE MAP FLOOD ZONE •\, O LINE � EL. 7 EL 8' O H i S 72031130" E 221 .19 EL.9.7' Zo X I ZONE E EL. 6' b �° EL. 12' PROP. 1 EXISFING O I (EL. 7) P 6.7' EXHOLFL.U o, TEST HOLE I y, ,+,• -cb Z I , EL.IRs I r — (RETAINING WALL � ETLAND$) 'mo•.'n. N L.n.e' S 5' I < — — 1 I �e � °i L � ..�/��'• O klmN 1 Cy / ExISTING PROPOSED E> 1 ' m• V NN__ d• d• •' ' ' 1 COVERED �OM DECK L'• ON TURF .,a,,',A,:•,p,.., w. • • ., ':, ':• �Y11 n':• : PORCH IITOfl1N Q REMOVE) (TO REMOVE) .' d.•.'d.• d "CJ o p �'d °d°�'e.•'d°�'d°• I BUFFER � ' r 5 af•P o' PROPOSED NEW a a d. a e 'a d m: d:'°a: °o: a d d e• 'a:•°d: .'d:�'d: 'a: STORAGE : / \ Q t ?'• 2 STY. FRAMED HOUSE swe EL.no' l % .'a: .'d: .'d: 'd: .'d: 'dT47 .op•<o,p'• ' d, 'd: a: .'ae .°a:; �o;•,Rgo;.•,.a;e' :,�' vlaygWny`' .'o<�.°o: .'d: _ — — 35.T ,W FIN.FL.13s' + / •z 1 LPE�RJwYs), 's :.,a F\ �'i (REFAIN41)1G WA ) NDS) 'vi L,,, x '1 • LP 0e• :� •: • : •••: •: • PROPOSED \ I .4 �" n M 'e,y.'�b`°•.'d" .'a',•�p).� COVERED L _ _ _ EL. 12' •mPORCH WM PROP l _ --- crIIMNEv (RETAINING WALL) ETLANDS) E y UGENE' 5 5 50 EL83 �` W 80 —W — —W W — — CREEKcn MHWM AS PER O \ ._ ,_ � `t _ \ 4„ \ _ : � �.�._ S \ ,� . . '�'• . =-�i'.'6 ''--�` ,.'� FILE MAP �� . • � .,� � FLOOD ONE � MHWM � � v O LIN )1 % SITE PLAN PROPOSED EASEMENT 70' WIDE PROPOSED EASEMENT 10' WIDE PROPOSED EASEMENT / SCALE: 1" = 10'-0' AREA: 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. AREA: 1962.5 SQ. FT. / EDGE OF WETLANDS 0 M � C t\ G + 0 N W y w ® N SCTMI No. 1000-13 6-01 -5 3 . 3 LOCATION : AREA: LOT COVERAGE: '� Y � � w3 AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26 ACRES AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES *, ` v o BUILDABLE: �'T, U) �YEI� N MEETS AND BOUNDS BY: PROPOSED HOUSE (TOTAL): 1284.4 SQ. FT. 19.1% H PRCONIC SURVEYORS, JOHN T. METZGER 3 LIC. No. 49618, DATED: JULY 5,2007 PROPOSED ENTRY PORCH: 30.0 SQ. FT. 0.4% PROPOSED COVERED PORCH: 169.7 SQ. FT. 2.5% U TOTAL 1484.1 SQ. FT. 22.0% D RAW N MH/MS SCALE: TP/ 1'-0" O➢#. M.y 29,2013 SHEET NUMBER. S- 1 REVISIONS EDGE OF // RECEIVED WETLANDS APR 0 3 2013 MHWM (BOARD OIFAPPEALS ., MHWM AS PER FILE MAP FLOOD ZONE LINE 11 E 221 .191 EL.9.7 S 72031130 PROP ZONE X ZONE AE / `wood O g2 / / PROP- '• 7.S' PROP 62 (EL. 7) � CJ� . . ' I, 5 0 ` � PROP. 5.0' 7.3' ! . �U N D.W. Il�'d° .'d• .'d• .°d• .'d• d• .°d d d de d° . d• d° d• TEST HOLE •, ., :, :, .:, . • • ': EL 10.5' d• d PROPOSED,I K e ' a 0 Vie• , •'d d °a a a 'a d•• �� COV�0.6D`l, E>(1fH15TING .EXISTING PARCH SUN oon .DECK 1 (,• O e e e: e d .'o EP a d a °a a a 'a a' PROPOSED ti. HOUSE � ' ,I(.o. I (TO,REMOVF) , ', NON TURF GARAGE Y ' IN FLuro DiW. LO BUFFER / 7 M d d . a: 'd: 'd: 'd• d d d•'°d d SLAB EL 110' PROPOSED NEW CV ,S C;NEDRIVEWAY 2 STY. FRAMED HOUSE PERVIOUS d d. 'd.• 'd• 'd• •'dv ' •'d•''d d FIN.FL.125' I K V- LP '-'- 7 'a d o � u x 6'0 --- ____ WM PROP. ___ CHIMNEY q(J 9 . 4 ,Z _ 5' — 143 — 5. P N 66055'011 W 201 4 P49 � � / EUGEN EIS L nD' 80' —W W— W EL e3 ,�. oN EA$E EN CREEK � 1K' WATER LINE TO BE INSIDE LARGER DIAMETER LT��1 E E ' PIPE WITHIN 10 FEET OF SEPTIC SYSTEM AS PER SCHDS NEW WATER LINE TO BE RUN: 1" DIA. PROPOSED EASEMENT MHWM AS PER ( � WATER LINE TO BE INSERTED IN TO 2" DIA. AREA: 1125.6 SQ. FT. FILE MAP 7 CPVC, 100ps! CONTINUOUS PIPE WITH NO FLOOD ZONE MHWMO w BREAK-OFF CONNECTIONS! SANITARY LINE J MUST BE DR-18 AND MUST BE WIN EITHER LINE / x WW DIRECTION OF CROSSING. A°' 4 3 ° ` EDGE OF � L) WETLANDS SITE PLAN OSCALE: 1" = 10'-01 0 M y Li m o m ti EXISTING SCTM No. 1000-136-01 -53 . 3 a f � s LOCATION : AREA: LOT COVERAGE: m " v ly o w 3 AREA TO MHWM AS PER FILED MAP: 11,529 SQ. FT. 0.26 ACRES w AREA TO MHWM, SEPT. 14, 2000 8,102 SQ. FT. 0.19 ACRES OR BUILDABLE AREA: 6,739 SQ. FT. 0.15 ACRES l � BUILDABLE:Jv ` MEETS AND BOUNDS BY: 0 PRCONIC SURVEYORS, JOHN T. METZGER PROPOSED HOUSE (TOTAL): 1197 SQ. FT. 17.8 /0 LIC. No. 49618, DATED: JULY 5,2007 PROPOSED 1 STY. GARAGE: 290 SQ. FT. 4.3% PROPOSED ENTRY PORCH: 33 SQ. FT. 0.5% U fD PROPOSED COVERED PORCH: 167 SQ. FT. 2.5% ® TOTAL 1687 SQ. FT. 25.1% DRAWN. MH/MS SCALE 114"=l'-0" [OB 4, Much 15,2013 SHEETNUMBER. S- 1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Gcehringer George Horning Ken Schneider June 21, 2013 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 ,~'~OF SO(/r~o~ ~~- ~~ • ~O ~~'yCOurarl ~~ 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: //southo] dtown.northfork.ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6652 -Brown Dear Ms. Moore: Transmitted for your records is a copy of the Board's June 20, 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, ~~e;1u~ Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Gcehringer George Homing Ken Schneider ~o~~pf SOUr,~o~ • ~O ~~C~~~,~ http: //southold[own.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 1197 ] ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 July 25, 2013 Patricia Moore 51020 Main Road Southold, NY 11971 Re: ZBA Application #6652 -Brown Deaz Ms. Moore: Transmitted for your record is a copy of the Board's July 25, 2013 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincerely, ~~ ~~- Vicki Toth Encl. 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