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HomeMy WebLinkAbout6657/j1 G/YICc n (,{S , ! i rte o-F~i, c~ I l 8 ~~as~Uassa,~ Poir,f-Rd., C~-oJ~re ~ (o 1057 - T~ev~~,e.ec.~ s~u~ Cc~.~~vta,/ slLu~ ~.~ ~cec~~~ ; s~~y sl~Uws s~e-i~~ ~, dui~~~ CUB' Q ' , 22a-v~ ~ a va( S2~h ~CU~ 0 C~-~ ~^-vl ~• n o-~- ~ pe~n~ r ff~d ~1-Cc y use. ~r xx~c ,sec~.~o-~~~CeJ ,~,,~{ d8 P / d -/S- OJ' CrA % a.-ate- o.i r' ~~~ j~ WILLIAM C. GOGGINS ATTORNEYAND COUNSELOR AT LAW 13235 Main Road, P.O. Box 65 Mattituck, New York 11952 Phone (631) 315-5300 Fax (631)298-4214 K~~ED ~ybL 6~~~13 B~p (~ ~DJ wllhamaoQQms n,yahoo.com WILLIAM C. GOGGINS July 12, 2013 Southold Zoning Board of Appeals P.O. Box 1179 Southold, New York 11971-0959 Re: Timothy McManus; Appeal No. 6657 Dear Board Members: Attorney aJ Law DONNA M. PALMER Parolega! ANTHONY H. PALUMBO, ESQ. Of Counsel Please be advised that we are withdrawing the above appeal without prejudice. Thank you for your courtesies. Very t~ru~ly~yours, C~l ~ `- WILLIAM C. GO GINS ~ U}t161NAL FORMN0.3 ~f~GJ~ NOTIC~ OF iElj'~ft~VAL APR 2 4 2013 DATE: Mazch 21, 2013 `~ TO: Thom Samuels for BOARD OF APPEALS T & M McManus. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 7, 2013 For permit for demolition and re-construction of acabana/shower & deckins at: Location of property: 7725 Nassau Point Rd. Cutchogue, NY County Tax Map No. 1000 -Section 118 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed demolition and re-construction of an accessory cabana with shower & deck in the R-40 District is not allowed pursuant to Article XXII section 280-116 (Bl. which states "All buildi~ or structures located on lots ~n which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows a setback of 0 feet from the bulkhead. Also per Art III 280-15 lots between 20 000 and 39 999 require a 10' setback. The site plan shows the accessorystructure is setback approx. 0'. Finally the proposed cabana is not a permitted accessory use. 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. _ ~a i ~ I'9' O'O' ..., -_. _.. ..... f 1~ I T I ~, I I III III 9 II I ~ i II 1 I ~~ II III I~~ _ __ II III _ T ~ n Y II~ ~ u ~$ ~ r ~I ~~ plll ,•I!I I I. I I• II p I~ _ ~3~ v ___ ~~ I' _:_. _ Zr II I ~ I I II _ ... I r III ~~,I ~~I --~ 4 I li III '~! III i~ 14 I I _ I II; ', I f \ -.._ _ -~ 9 v z i ~ . a .m __ ~~ ' it _. w.a'_._. I FOUNDATION PLAN ~,~ tfAGEO R~Y'D - ~r1µ11~UNN690.iER SIYTTI NGM BROOM 0.vp~•YfL~CCR W. 570RAGE SHOWER FIRST FLOOR PLAN ~_ - ~ .,.~~~~K.w __--- TOILET NGTES: ~p s~w.a s.~:~rre o.+ma w.n ~O T 2, L 'u = o ~= u ~~ U 1 ~Q 6 Cm ~ a ('/ i II N rZ C C~ ~ i G 1::s~~j~ rmc~ PLANS i Tom---1 2'~ ____-_.I ~ u~~,A ~'~~~~ ~ ~ I~ -~-~~ - w~ - i NORTH ELEVATION .e ~~~K.~x.~.,,e GEDK yaxKE YOi IN£R W ]y' 0.vYi 3~Y~>' SM PRwM~ a cFnwe simrv L~ L~Cx scu£ ryw yKE ~~ PDn(H weeEa.ci.av..~e ~+aoFi.a ~aeo ror.~ r~ rt. ioee~iuiww .r 0 U F V O O K F_ a 6 J N N Q 2 a W iii ;~ r _3 EAST ELEVATION. SOUTH ELEVATION WEST ELEVATION .~- ^ ~o~yr~ ~,~ is%(ciryr.::_ /~.....~ ~, i, ~ ~~ s ,'z ~+ d, , .1 Y ~ j,. ~~,i tr ~.. ~ ~;, :;; " ` I~ t ~f ~f t' ,~s rt .~ '~~ t . y~° ~, ,`~~„` ~. 1 a~ ~+. ~ ~ i t ~: r ~. e 4 ~ t Yy f . ~ ~ J ~ ~~~ ~~ ~~~~~~ ~~ ~ ~~~ ,~ ~~~' ~~~ ~~ i, _ .,, . ar , 1~' Y I 4 ~ ~' ~ ' ~ ~~ _ I - ~. _~'~: -' ~ .c `~ ~ ~ ..~ b~ _ _ :Z. r-.. tea.. "i' 1 ~ ) , ~ ~ ~: j ~ ~~~~~ ~~ ~ ~n ~' ~ 19 1 ~t ,~ - - = __~ - F~ -. ~ R.. . v ~4 1 l ~ YR.. Yf' ~` ~ ~. Ste. ~ ~ i~' ~ ~~ ..t ~ ~ ~ ~- ~7 '~~ 1~~ il" i ~ + , , ~ '~ ~~ ~ _ i~Jla.~j~~jr'~i,~.y. ~ •R ~f;;' l' ; }y~~~ ~~f~ ~~ ly~~ Y Ft. ~4~ J*'i~~, ~ _ _, a. ~, Bey .~'' I .~i~~'. r ~ ;.y ~~ ~ ~ Y i 14> R~ X11 ~~. ~, .~4 ~ _ ; y,e~ F~,, 'hic~~~Q o ~~~ .. .. ~Yl. Y• r.J~ v .r ~O . ~ s~_ . ~~-~ „` ~~ ~ i. ~ ~ ~~h ->~. ~ ..{ 7 a :. s ~..,..1 a<:__ , ~:~ ~~ r.. ~ ,,,, , ,~ ~: aJ ~~~~ .~{ ~1: : 1~ r„~~ ~~ T `~ j x, . ~i ~i ~•~ t ~ ~ . ~!: `} ,_ .s ~~~ ~ ~ ' ~~ ~. .~ ``. ,~ ~~l ~- .. :. ~. ~~ 1 ~. .wr ~.:.~ ^ k -~ ~ ~ '~_ ~~~ Fi ~~ I ~~ ` ~ LF ~ C ~j~ ~ ~ ~ ~ ~ , ', ~• ,` j''~ sue; ~-~°° ~ ~~ ~:, dr:~ ~ ~i i ' ;F + A fit. ~,~ ` ~W e' ~~\` 4~ 7 s. a 4 .a a - ~' .. I~ ?' : ,, T ;F~ ~ c~''". ~"F' I ~ ~ r .l I Y . f'St. a r , . ~ ~ 'I ~'V ]]S ~~ 1 yY.Y q j^ .* * ~ ,r ? ~~, ` f..~.,~ _~a~ fir. "' :~~ 7 r. fi L ~P'~} ~ _ .a 3~ ,~f j, ,,, .•v ~ : 44- dr t ~ , ~ yy ~~r J t ~, ,r. ~ ~ x.: y ~ ~a ~ ~ , ~~ ~ , f ~ ~~~ • b'` ,~FFICE LOCATION: ~ JL~'1_/~" Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 f~~,~\~3 ~o~~pf SOUjyo~ # • ~#~ ~C~U~~N~ MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 785-1938 Fax: 631 765-3138 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: May 24, 2013 -~~~S~I RECEIVED ~IAY 2 4 ~ 013 BOARD OF APPEALS Re: Coastal Consistency Review for ZBA File # TIMOTHY McMANUS #6657 SCTM#1000-118-4-5 Note: Three permits were issued for actions on the parcel by the Board of Trustees. The last wetlands permit (8010) was issued on January, 2013 and approved the "reconstruction of the variable width deck". The cabana was not applied for in the application and was not included in the permit. A site inspection was constructed on May 23, 2013. Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 280-15 and the Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required 10 foot setback for accessory structures, 3) the proposed cabana is not a permitted accessory use, located at: 7725 Nassau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP policy and therefore INCONSISTENT with the LWRP: Policy 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 recommended: specifically ~~51aF3 • A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 2. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas maybe warranted for.• a. structures which functionally require a location on the coast or in coastal waters. The structures do not functionally require a location on the coast and is not water dependent. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural Flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. ~5 ~`'~3 hazard) EI 9 Flood Zone. Further. this aroaosal includes shiftinst a newly constructed cabana to the west which would encroach into the banklbluff fa arotected natural feature). The shift would result in additional removal of bluff vegetation and overall area. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ~~ 3 a ~3 A ~7 ~~i3`.y ~ ~ ~\ ~~~i~~~5 ~/`,~'~ ~~ Steven Bellone SUFFOLK COUNTY EXECUTIVE RECEIVED MAY 2 4 l!l13 $OARD OP APPEALS Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner May 15, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Deaz Ms. Weisman: Division of Planning and Environment Pursuant to the requirements of Sections A14-14 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 appeazs to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municiaal File Number Skelskie, (Arthur) & Molofsky (Nan) 6653 Windisch, Leslie 6654 Vastola Residence (c/o Nancy Steelman) Wolczok, Mary Ann McManus, Timothy (c/o William C. Goggins) Turner, David Fork & Anchor, LLC Breezy Shores Community, Inc. (Cottage #25) Breezy Shores Community, Inc. (Cottage #13) 6655 6656 6657 6658 6659 6660 6661 Very truly yours, Sazah Lansdale Director of Planning TRK:mc Theodore R. Klein Senior Planner H. LEE DENNISON BLDG ~ 100 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BO%6100 ~ HAUPPAUGE, NV 11788-0099 ~ (631) 853-6191 • ~~ Fee: $ Filed By: Assignment Nd.(/~" ~ ' °` "" "~ i;~: 4 20?3 AREA VARIANCE 80ARG OF APPEALS House No. 7725 Street Nassau Point Road Hamlet Cutchoi;ue SCTM 1000 Section 118 Block 4 Lot(s) 5 Lot Size.898 acre Zone R-40 I (WE) APPEAL THE WRTTTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 21, 2013 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Timothy McManus MailingAddress• c/o Goggins & Palumbo, P.O. Box 65, Mattituck, New York Telephone: 631-298-4200 Fax: 631-298-4211 Email. williamgoggins@yahoo. cpm NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contraM vendee, etc. and name of person who agent represents: Name of Representative: William C. Goggins for (X) Owner ( )Other: Address' P.O. Box 65, 13235 Main Road, Mattituck, New York Telephone' 631-298-4200 Fax: 631-298-4214 Email, williamgoggins@yahoo.com Please check to specify who you wish correspondence to be maUed to, jrom the above names: ( ) ApplicanUOwner(s), (7~ Authorized Representative, ()Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 3 / 7 / 13 FOR: ( )Building Permit ( )Certificate of Occupancy OPre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction (~ Other: Demolition and re-construction Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ._ ___ _ ___ .._ ._. Article.IIL.Section 280-15 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 ( ) Reve 1 or Other A prior appeal has, (~ h n t been made at an ti a with res ect to this roe , UNDER Appea o(s). 1r~ Year(s). . (Please be sure to research before completing this question or call our office jor assistance) Name of Owner: ZBA File# RECEIVED APR ~ 4 701a ~~~~ REASONS FOR APPEAL (Please be specifrq additional sheets may be used w{lJhpr,~ptZCer~F. REPEALS signature notarized): ~vHYtU 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to neazby properties if granted, because: the structures are pre-existing and were consistant with other waterfront properties 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area vaziance, because: the Peconic Bay only abuts the east side of the property 3. The amount of relief requested is not substantial because: it is pre-existing 4. The variance will NOT have an adverse effect or impact on the physical of environmental conditions in the neighborhood or district because it is apre-existing use damaged by Super Storm Sandy 5. Has the alleged difficulty been self created? { }Yes, or {~, No Why: damage from Super Storm Sandy Are there any Covenants or Restrictions concerning this land? {X} No { }Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare f the cotnmunity. Signature of Applicant or A orized Agent (Agrnt must submit written Autho ion from Owner) Sworn to before me this day of April 20 ~~~~ _ -Notary Public DG°~' "e o ~deva'(ori: Notary Put^ ~ ' ,, ~Srolk CountY~~~ No. O1PA5`' ° ,~~ember 9. Gommissior~ '",,. APPLICANT'S PROJECT DESCRIPTION APPLICANT: TIMOTHY McMANUS I. For Demolition of Existing Building Areas DATE PREPARED: April 23, 2013 Please describe areas bein removed: demolition and reconstruction of an accessory cabana wi~h showe II. New Construction Areas (New Dwelling or New Additions/Eatensions): Dimensions of first floor extension: n/a Dimensions of new second floor: ~/a Dimensions of floor above second level: _ n! a Height (from finished ground to top of ridge): n/a Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building azeas: Number of Floors and General Characteristics BEFORE Alterations: deck and accessorv structures V. Purpose of New Construction: rebuild storm damaged structures VI. Please describe the laud contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty iu meeting the code re9uirement (s): waterfront property with a slope from 16 at the top of the bluff to 8.5' at the bottom where the top of the bulkhea and the deck and cabana are located Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. cabana 4/zo 12 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 12, 650 BOAFtU O F APP A S Proposed increase of building coverage: ~~5 Square footage of your lot: 39 , 131 Percentage of coverage of your lot by building area: _ ° QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. B. Is the subject premises listed on the real estate mazket for sale? Yes % No Are there any proposals to change or alter land contours? ~No Yes please explain on attached sheet. RECEIVED t APR 2 4 2013 BOARD OF APPEALS ~~ C. 1.) Are there azeas that contain sand or wetland grasses? no 2.) Are those areas shown on the survey submitted with this application? n/ c 3.) Is the property bulk headed between the wetlands area and the upland building area? no, bay front 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the azea of proposed construction at or below five feet above mean sea level? No, elevation is 8' E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show azea of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any aze lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel existing one family dwelling and the proposed use same . (ex: existing single family, proposed: same with garage, pool or other) y~~3~~3 Authorized signa d Date • RECEIVE[? APR 24 2013 AGRICULTURAL DATA STATEMENT 1~j/, < ZONING BOARD OF APPEALS gpAkL, OF APP~ALS`+'Y~J TOWN OF SOUTHOLD WHEN TO USE THIS FORM: 77rts form must be completed by the applicant for any special use permit, sue plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within S00 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 139m and 239n of the General Municipal Law. 1. Name of Applicant: Timothy McManus 2. Address ofApplicant: c o ox Mattituck, New York 11952 3. Name of Land Owner (if other than Applicant): 4. AddressofLandOwner: 7725 Nassau Point Road, CutchoQUe, New York 5. Description of Proposed Project: demolition and re-construction of an accessory cabana wt rh shower and deck 6. Location of Property: (road and Tax map number) 1000-118.00-04.00-005.000; 7725 Nassau Point Road 7. Is the parcel within 500 feet of a farm operation? { }Yes ~ No 8. Is this parcel actively fanned? { }Yes ~}CNo 9. Name and addresses of any owner(s) of land within the agricultural district containing active fatm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1, None 2. 3. 4. 5. 6. (Please use the back of this page if there aze additional property owners) 04 / 23 / 2013 Date Note: 1. The local Board will solicit comments from the owners of land identified above in order [o consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant a[ the time the application is submitted for review. • 877.20 • Appendix C State Environmental Quaiity Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted b A licant or Pro ect S ansor "` `t'S r 1 . APPLICANT/SPONSOR 2 PROJECT NAME McMANUS, TIMOTHY McMANUS i 3. PROJECT LOCATION: Munidpaiity Southold Oouny Suffolk 4. PRECISE LOCATION (Street address and road interseGions, prominent landmarks, etc., or provide map) 7725 Nassau Point Road, Cutchogue, New York 11935 5. PROPOSED ACTION IS: New ~ Expansion ®ModificatloNatteratbn 6. DESCRIBE PROJECT BRIEFLY: Demolition and re-construction of an accessory cabana with shower and deck 7. AMOUNT OF ~ AFFECTED: $ 9 Initialy acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ©No If NO, describe briety pre-existing non COnf Orining StrllCtureS 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ® Ftesidentlal ~ Industdal ~ Commercial ~ Agdculture ~ ParklFOresVOpen Space ~ Other Describe: R-40, 1 acre zoning 10 . DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY , (FEDERAL, STATE OR LOCAL)? ® Yes ~ No Yves, List agenq(s) name and peimiVapprovals: Zoning Board of Appeals Board of Trustees 11 . DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes ~NO If Yes, list agency(s)name and penniVapprovals: Board of Trustees 12 . AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATIONT Yes ~ No I C T Y THAT THE FORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE AppiicanVsponsorna Date: April 23, 2013 Signature: If the action is in the oastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT fTo be cemotets!ri by Lain Anaarvt ___ _ A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 817.49 if yea; caortlinate tits review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONSiN 6 NYI:RR; PART 817.89 t(No; a negative dedarafien may be superseded by anomer invohred agency: Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE. EFFECTS ASSOCIATED 1MTH THE FOLLOVNNG; (Answers may be. handwrildert, 'rf legible) C1. Existkg airquality, surface orgroundwater qualfly or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential forerosbn, dremage or flooding problems? Explain briefly:. C2. Aesthetic, agricultural, archaeological, historic, or other natural or suitors/resources; or community or neighborhood character? Explain briefly: G3. Vegetation or fauna, fish, sflelifish or wildlife spades, signifceM habeaffi, or threatened ar entlt+ngered species? Explain briefly: C4. A cwnmunity's existing plans or goals as officialty adopted, ar a change in use or intensity of use ~ land or other naWret resources? Explain briefly C8. Growth. subsequent development, or related aclMities fikey to be induced by the proposed actlon9 Explain briefly: C8. Long term, short lens, cumulative, or other effects not idengfied inC1-05? Explain bdefly: C7. Omer impacts (indt~ng dtartges in use of eimer quantity or type of energy)? Explairtbriefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSEPTHE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)9 Yes ~ No ff Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly: PART ill - DETERMINATIOMOF SIGNti='ICANCE (To be completed by Agency) INSTRUCTIONS: For eachadvereeaffeUidentiTgdabove,detemttnewhetherftissubstantlal,large,importantorotherwisesignificant. Each affect should be assessed in connection with its (a) setting (i.e. urban or rureq; (b) probabNity of occurring; (c) durefion; (d) irreversibility' (e) geograpnie scope; and (f) magnitude. If necessary, add attachmenffi or reierenee aupportirg materials. Ensure that explanations contain sufficient detadto show that all relevant adverse impacts have been identfied and adequately addressed. If question D of Partll was cnecketl yes, thedatannlnationof slgnificanrsmust evaluate Me potenfial impact of the proposed action on theenvironmental charedarisfics of the CEA. Check this tax if you haveitlentifled one a more potentlaiy large or significant adverse impedswhieh MAY ocar. Then proceed diredty to me EAF and/or prepare a positive dedarafion. Chedcthis boxifyou have detennlned, based anthe information and anatysisabove and anysuppartingdceumentation, thatiha NOT result in any significant adverse emironmeraai impacts AND provide, on attachmenffi a8 necessary; the reasons support erne o eatl Ageney P nt or ype erne o esponsi car m e envy nature o espons. a car a envy Title aponsi re cer naWre reparer( d'. rent mresponsi e r i~ r" TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Last namq first namq middle ipidal, unless you are applying in the name of someope else or other enpty, such ea a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance R Trustee Permit Change of Zane Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5°/a of the shares. YES NO R If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Towa of Southold Title or position of that person Describe the relationship between yourself (the applicanUagenUrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5•/. of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or _D)the actual applicant ~ RECEIVED DESCRD'TION OF RELATIONSHIP APR 2 4 2013 ~~~ Submitted this Signature Print Name APPLiCANTNDWNER TRANSACTIONAL DLSCLOSURE FORM eompaay. if so, intacate tae other pctwa's or TYPE OF APPLICATION: (Check all that appy) Tas gricrattcc ,~,~_` Variance Change of Zone Approval of Flat Other (activity) anme.) Building Permit Trustee Permit Coastal Erosion Mooring Ptenning Do you pcrsotmlly (or through your company, spouse, sibling, parcel, or cbiW) Gave a relationship witfi any officer or employee of the Tawn of Southold?'"Reaatioaship" includes try blood, marriage, or buresiness$ eO Q 1. ~B~t tness iatcrest" means a business, ineludlog a partnership, in wfiicb the town officer ar employ pn ownership of (ar employment by) s corporation fn wbicfi tfie tows officer or employee owns more than 5•b of the shares. YES NO R ttyou answered aYES", complete the bahtnre of this foton and date and sign where indicated. Name of person empMyed by the Town of SouthaW Title or position of that person Describe the relationship between youraeif (the appliesnUagenUrepresenfative) and the town officer or employee. Eitfier check the appropriate tine A) through D} attdtor describe in the space provided. Tho town officer or employee or hb ar brr spanar, sibling, parent, or child is (check all that apply} ; A} the owner of greater that SHe of the shares of for torporatc stock of the applicant {when the applicant is a corporation) _ 8) the legal or brneiicisl owner o[ any interest io anon-corporate endty (when tde apptkant is aot a corporation) C) as ofiieer, director, partner, or employer of the appiicaah or _R} the actasl applicant DESCRiPTtON OF RELATIONSHIP ~x l~ 5~ i-:E(~EIVEG Submitted this.,, ._ 23 day o~pr1 ;. , 20 13 ~~ ~ Signaturr A .' „- ."~~ Print Nnmr TIMD Y MCMANUS BOARD OF APPEAL YOURNAME' ~'l _..,..« .......,tat. t•tx„t. adear vm, arc aodvian la tht name of samrnao rise ar othc enaty, avch ar n Town of Southold A. INSTRUCTIONS RECEIVED LWRP CONSISTENCY ASSESSMENT FORM QPR 12 4r ,20C13~ BOAkI~ ~3F~(R~EALS All applicants for pernuts* including Town of Southold agencies, shall complete this CCAF for proposed actions that aze 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 prepazer 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 azea (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds 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 standazds 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# 118 - 4 - 5 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ~ Building Dept. ® Board of Trustees 0 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) Pemut, approval, license, certification: Nature and extent of action: Application to Board of Appeals to demolish and re-construct apre-existing accessory cabana with shower and deck Location of action: 7725 Nassau Point Road Site acreage: • 898 acres //,^, Present land use: single family residence Cf'~ ~~~ Present zoning classification: R-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: Timothy McManus (b) Mailing address: c/o William C. Goggins, P.0. Box 65, Mattituck, New York, 11952 (c) Telephone number: Area Code () (631) 298-4200 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ^ No ^ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes ^ No ^ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ^ Yes ^ No ^x Not Applicable If yes, which state or federal agency?_ n u Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No ~ Not Applicable l.Q ~5 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria © Yes ~ No ®Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LW12P Section III -Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. ^ Yes ^ No ® Not Applicable ~~~ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ^ Yes ^ No ©Not Applicable 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 SouWold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ^ Yep--I No ®Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. ^ Yes ^ No ~ Not Applicable Attach additional sheets if necessary - / Policy il. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ^ Yes ^ No ®Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ^ Yes ^ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ^ Yes ^ No ® Not Applicable Created on 5/25/05 11:20 AM GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 Apri123, 2013 wiLLtAM c. cocciNS, Esq. RECEIVED p'NTI IONY H. PALUMBO, ESQ. Southold Town Zonin Board of A als TRAM L. xARSCH, Esq. g P ~ Q ~ i~ ~ DONALD A. MATES, ESQ. 53095 Main Road APR ~q`~t~p~3 ! ofcounse~ DONNA M. PALMER Southold, New York 11971 Paralegal BOARD OF AppEALS Re: Timothy McManus 7725 Nassau Point Road, Cutchogue, New York SCTM No. 1000-118.00-04.00-005.000 Dear Sir/ Madam: Enclosed please find original and seven sets of the following: 1. Notice of Disapproval; 2. Original variance application; 3. Project Description; 4. Questionaire; 5. Certificates of Occupancy; 6. AG Data Form; 7. Short Form Environmental; 8. Owner's consent; 9. Owner Transactional Disclosure form; lO.Agent Transactional Disclosure form; 11. LWRP 12. Photos of property; 13. Town Property Cards; 14. Survey; 15. Building Plans; 16. A check in the amount of $00.00. If you have any questions, please do not hesijate to contact the undersigned. V C. WCG\dmp -osa[ xa ~ • `r ~ ~ ;_, AP(Rp2(~4a'2~013 ' ' BOARd`f7F A'~~gLS Certificate Of Occup TOWN OF SOUTHOLD BUILDING DEPARTMENT Towa Clerk's Office EIVEd Southold, N. Y. ..~ "\ No..7,7.7.b2..... Date .. ... .Ttt1r...; .., 19.',~J. THIS CERTIFIES that the building located at lltissau. P~t 8oab:. • • • • • • • • Street 1 ` Map NoA~s ~ . F.t .. Block No.......... Lot No. ~ .....Cutat~ogus ............... . conforms substantially to the Application for Building Permit heretofore filed in this office dated. .. ..Fab. 27• ..., 19"jfi . pursuant to which Building Permit No..eggpy. dated .. >*eb.. .27., 1~ . ,was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .. •Frisete • o>Le • Pataily dwei].1ng •wlth a~lterattioa• dc• sddlbfoa• • • • . The certificate is issued to . Lottia &obilzBOA" .. flNrx18T .... ....... • ........... . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval 1(.8. ..... .... . UNDERWRITERS CERTIFICATE No....I.pr 19• • •1977 • •~• 14333~x • • • • • • • • HOUSE NUMBER ~~5... Street .. 7ISas.• •Ft Baad• .... Gutiohogne • • • • • • . .............................................................................. ~~. . Building Inspecto TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,NY BUILDING PERMIT RECEIVEC APR ~~,,QQ4 2013 BOARD 6F ~PPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 37591 Date: 10/19/2012 Permission is hereby granted to: McManus, Timothy & McManus, Michelle 54 Sutton PI Rockville Centre. NY 11570 To: demolish an existing house and construct a new Single Family Dwelling with attached three car garage 8~ porches 8~ terrace per Trustees permit #7883 as applied for At premises located at: 7725 Nassau Point Rd, Cutchogue SCTM # 473889 Sec/Block/Lot # 118: 4-5 Pursuant to application dated 10/3/2012 and approved by the Building Inspector. To expire on Fees: 4/20/2014. SINGLE FAMILY DWELLING -ADDITION OR ALTERATION $4,488.40 DEMOLITION $1,110.40 CO -NEW DWELLING $50.00 Total: $5,648.80 i :__~ ~_ Building Inspector FORM NO. 4 TONN OF SOUTHOLD BUILDING DEPARTMENT RECEIVEf~ office of the Building Inspector Town Hall Southold, N.Y. ~ APR 2/4~ i~ PRE EZISxIHG BOARD O((FppAPPEALS CBATIPICAxE OP OCCUPANCY No L-25215 Date SEPTEMBER 2, 1997 THIS CERTIFIES that the building OHB FAMILY DNELLIHG Location of Property 7725 NASSAU POINT AO71D COTCBIDGOE, H.Y. Hovee No. Street Hamlet County Tax Map No. 1000 Section 118 Block 4 Lot 5 Subdivision Filed Map No Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER ~ i-25215 dated SEPTffi~IDER 2, 1997 was issued, and conforms to all of the requirements of the applicable proviaiona of the law. The occupancy for which this certificate is issued ie ONE FAMILY DfIBLLIHG KITH ACCESSORY HA19 EOUSE* The certificate ie ieaued to LSNIS i JEAHHS ROBIHSOH (owner) of the aforesaid building. SUFFOLR COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRIT$RS CERTIFICATE NO. H/A PLUMBERS CERTIFICATION DATED N/A *PLBASE SEH ATTACHED INSPECTION REPORT. ~~~~~~~ _ ildinq I pector Rev. 1/B1 BUILDING DEPARTMENT 70NN OF SOUTNOLD 9WSTNG CODs INSPECTION REPORT LOCATION: 7725 NASSAU POINT ROM CUTCHOGUB, A.Y. number d atree[ ~uaicipahty SUBDIVISION NAP MO. IAT(c NANE OP ONN68 (e) 18UI5 ~6 JBANNB BOBINSON OCCUPANCY SINGES FAMILY Ltypel (owner-tenant) ADNITT60 BY: BILL BELLY ACCOMPANIED BY: SAMH [HY AVAILABL S AY NAP N0. 1000-118-4-5 SOURCE OP 88QU8ST: ~ GABY PLARNEB OLSBN A31R DATE: ]OLY 17. 1997 DWELLING: TYPE OP CONSTRUCTION WOOD PRAM6 I STOBIBS 1 i HZLTS 3 FOUNDATION BIACK CELLAR SOZ CBANL SPACE 30Z - SLAB 20Z TOTAL RONIS: IST FEB. 7. 2ND FEB. - 3RD PLR. - BATBBOOM (e) 2 TOILBT R00l1 (s) UTILIYY BOON eoece TreE DHCS, ryeE esTlo BR88ZEVAY PIBePLACE YBS GARAGE ACCESSORY DOMESTIC HOYWATeB eLeCTBIC TYPE HEATBB SLSCTRIC AIBCONDITIONING YSS YYP6 HEAT BLBCTBIC WABM AI8 HOTWASB@ OT116R: ACCESSORY STROCTUBSS: WOOD F8AlBi 2 CAB WITH SiOBAGe. GARAGE. TYPE OP CONST_ STIIRAGE, TYPE CONST. SWIIDIING POOL GOEST, TYPE CONST. OTHER: ACCESSORY BEACH NDDSR (CONCBBTS) WITH NBit RAFTERS VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM PIKE PBEVeNTION A BDILDING CODE h/~ INSPHGTED BY DATE OP INSPeCTION JULY 27, 1997 MICBASL VERI TIME STATT 10:50 END 1 1 as ggNAg~; BP iB390Z-COZ-7762(ALS S ADD) BP 1243352-COZ-25214 (BSPAIR d DECK TO ACCESSORY BATH HODSE) _ d 0 a N n n 4 n n b m Q n u z u n J 0 C 2W Q J W p> Q a m a n 0 A A M a LOT SB tr ro ~, ~. «xtf N 87 00'00' E .mrb rt BB 429' tyro xm ~ n. 2 SiS.Jd' Qo a rt r mu r, i 3.T. o ~ , 3 0 °o I~~~(.mw~~~ya} y ~' ~ ^ GaNACF 1 m t2 W Q lur reo1. ur[» aoVlt rRAYf acs. 1 ~- ~ : = p 3 tt rt. COT 59 ` n ~ ~ ~ ~ o ` AsrxAU s xm ti ~ ayrf wdr ; 2 p dNKK , .. ~ o 0 ~ p n Pai . - f HAIR ~ N j O ` GLIIAI ' I ~ ~ yQj 2 `~ 3 ~ m a J59.i5' lrxf . m mrrc wA J2.76' xm U 2 ro sdroD'~'w 434 CY CB 0 g W u LOT 60 cr..+er irBabd 1er• „ ~.i r. Y ' aeh Y M pnr lar .b• M ame/ W i pqw{ ael a K Wai M M ~ 4N a~Ml, Cwnarcl INnry, v leeiy i!%rr i Ned irerl d TUINILL RD r ~' arl"'° ~ ~' tw~ri ~~ , yAP OF tewr4er w nr uw4niM Ae duira ~~ x,~~ ewww SURVFY Of LOT 59 rw Iaoi-I Ia-Brit - nr yAP tr rRantfB slreansrorl P•adiedrd airnir ar a/piee w N ry / lu rdfB OC/. I I/It ~ SEtf10N B r ewy it • rekia d 3•tAr 7781 ~ RAStA!! POMP CCN PRORfRBCS, BIG Ne new Td Se.r i4e•Iie kw GI~ ~ h7 SfNATE SURVEYED BY AA[A= I.1:I301Y y BR 99l ' NASSAU POINT TANtfY ~. B 0 0 R AcP[S TOWN DE SOUTNOLD Goir ~ w no/ reR ~ u••M • f ' 11 SUFFOLK COUNTY, N,Y. +• irA Sw•pe •.eard .+ drl ; GUARANTEED 10 .el M eriirad r M ~ raid au a SWMgp SURVEYED FOR LFWlS B. ROBlNSON r~ N D , MY a: yyr n/y faKrY41 y:d 3f wau•» ~ } [~ECEIVE~ i APR 24 2013 ~`~ BOAR~i OF APPEALS • FOBM NO. 4 TOWN OF SOUTHOLD ~ F~E~EZVEG~ BUILDING DEPARTMENT APR 2 4 Zp13 Town Clerk's Office Southold, N. Y. ~~ AppEALS 80 AFtD t~~5~ Certificate Of Occupancy No. 77.493...... Date ...... June„ 21, , , . ,, 19.16. THIS CERTIFIES that the building located at .r~aS.K~Ll. P.4iztt..BRad....... Street Map No.Na s ~ .. rt ... Block No.......... Lot No. ~9..... ~ut41}4gu@ .. T•.,y r ....... . conforms substantially to the Application for Building Permit heretofore filed in this office dated ... ..Feb, 27 ~ 1976. pursuant to which Building Permit No..83~Q'4 dated Feb 2Q 19 ~6 . , was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one fatgily. dwe311ng with addition ,(G~~,qg@), , , , , , , , , , _ The certificate is issued to Louis Robinson owner , , , , , , , , , , , , , , , , , , , , , , , , , , , , . .. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ~ ' R UNDERWRITERS CERTIFICATE No. Pending ...... .............................. HOUSE NUMBER .. 77~5. .. .Street Nassau ,Point , Ro,~d , , , , , , , , , , , , , , , ,, , , , Building Inspector ' FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT , office of the Building Inspector Town Hall ~" RECEIVED Southold, N.Y. /' F APR 2 4 2013 CERTIFICATE OF OCCOPANCY BOARD OF APp EgLS No 8-25214 Date SEPTEMBER 2, / 1997 ~/_~/ n THIS CERTIFIES that the building REPAIR k ADD ITIO~N Location of Property 7725 EA68AII POINT RDAD CRFCH]OGDE, N.Y. House NO. Street Hamlet County Tax Map No. 1000 Section 118 Block 4 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 7, 1997 pursuant to which Building Permit No. 24335-8 dated AIIGUST 29, 1997 was issued, and conforms to all of the requirements of the applicable provieio¢e of the law. The occupancy for which thla certificate is issued is REPAIRS k DSCR ADDITIOE TO EZISTIEG RATH RDUSE AS APPLIED POit ^AS HUILT^ The certificate is issued to LSWIS k '°a"°'a 14DEIRSORI (owners) of the aforesaid building. SUFFOL& COUNTY DEPARTMENT OF HEALTH APPROVAL N/A CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A / `• Hu ding In for Rev. 1/B1 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Gcehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon ~~~~~~~~ Southold Town Hall 53095 Main Road • P.O. Box I l79 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~ ~ 4 ti~13 BOARD OF APPEALS t^''^^ QPR ~Tp,~VN OF SOUTHOLD WW ' C~~ ~~ ):631) 765-1809 • Fax (631) 765-9064 ~<<- REC YED o~ F E 82006 ~..~s~ FINDINGS, DELIBERATIONS AND DETERMINATION SOUL Odd O~'III 4161'IC MEETING OF DECEMBER 27, 2005 ZB File No.5803 -ROBERT and JOSEPHINE CORCORAN Property Location: 7725 Nassau Point Road, Cutchogue CTM 118-5 SEORA DETERMINATION: The Zoning Board of Appeals has visfted 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 43,429 square foot parcel has 100 feet along the east side of Nassau Point Road in Cutchogue, and is improved with asingle-story, one-family dwelling and accessory (garage) building as shown on the site map prepared by Fairvveather-Brown Design Associates, Inc. BASIS OF APPLICATION: Building Department's August 26, 2005 Notice of Disapproval, citing Section 100- 100-310 in its denial of an application for a building permit to consVUCt alterations to an existing garage building, and dormer addition, utilizing the second floor (converted from the existing attic) for use by the owner as an artist loft/workshop. The reason stated by the Building Inspector in the denial is that alterations to an existing accessory garage for a garage and studio area is not a permitted use under Section 100-310. AMENDED APPLICATION: A revision to this application with the October 31, 2005 by Fairweather-Brown Design Associates map (proposed floor plan and elevations) was received from the applicant with the Building Inspector's October 28, 2005 revised Notice of Disapproval reflecting changes, adding a halt bathroom (toilet and utility sink). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to alter the existing garage by adding dormers, creating an open second-story room with head space, for use as an artist studio workshop, as shown on the plans revised 10/31/05 by Fairweather-Brown Design Assocates, Inc. with a ZBA date stamped November 3, 2005. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The existing height of the garage from ground to the top of the ridge is 20' 3'/." with the mid-ridge height at 14' 3-1/8". The proposed mid-ridge height will be 15' 9" and the proposed height from existing ground to the new ridge will be 21' 8-Y.". The existing two-car garage will remain the same use, except that doors will be Page 2 -December 27, 2005 • ZB File No. 5803 -Robert and Jos~rcoran CTM No. 118-4-5 replaced with larger carriage house styled doors, and the existing entry doors will be refurnished. The dormer addition will be at fhe front edge of the garage roof, with four columns added. The accessory building will remain as a two-car garege and the applicant is not requesting sleeping or living area, limiting the plumbing to a half bathroom and utility sink(s) as shown on the revised October 31, 2005 plans. For these reasons, grant of the variance will not produce an undesireble change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant wishes to convert the existing attic above their two-car garage for their own artist workshop with dormers and half bathroom, which is not permitted for accessory buildings without some type of relief from the code restrictions. 3. The variance granted herein is not substantial 4. The d~culty was created when the homeowner planned changes to re-design the existing two-car garage and convert the existing attic for more headroom and facilities for a private artist work area. 5. No evidence has been submitted to suggest that a vaziance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations, while preserving and protecting the chaacter of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the revised plans stamped October 31, 2005 by Fairweather-Brown Design Associates (with ZBA date stamp of November 3, 2005), subject to the following conditions: 1, There shall be no sleeping or Irving quarters in the accessory building. 2. The building shell remain unheated. 3. The building may not be rented and shall remain as an accessory use. This action does not authorize or condone any curent or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehdnger, Dinizio, and Simon. This Resolution was duly adopted (5-0). Ruth D. Oliva, Chairwoman 2/a /O6 Approved for Filing ~~~ Board of Zonine Anneals Annlicatian r F AUTHORIZATION (Where the Applicant is not the Owner} RECEIVED APR 2 4 20137 _~ BOARD OF APPEALS I, Timothy McAianus residing at 7725 Nassau Paint Raad (Print property owner's name} {Mailing Address} Cutchogue> New York 21935 do hereby atttharize William C. Goggins {Agent) to apply for variantx{s} on my behalf tirom the Southold Zoning Board of Appeals. {flwner s Signature) TIMOTHY MCNANU5 (Print Owner's Name) • • 4p 2 -a e ~ # e ~~5, ~~~~~.~ R 2 4 ?013 U~ ~,~'P~AL5 • • ~~~~ 0 o ~ '~; o T ~ ~ -v w rn v a u ,,, - ; ; ,r: , ;, . ,.- TOWN OF SOUTH~LD Pi~OPERTY RECORD CARD ;.--~ ; OWNER STREET --~ VILLAGE DISTRICT SUB. LOT ' ~ r m ~ ~ ~ /y1.tC h¢l e ~.• Yh~l'Y}a~-!~5 =- ~v,:.~.~ ,. l'n~ti?` aa~t+ `.~v?~c.~ ~ ~ ve /~ ~1/xr~'~~;,.ri I r~l~ _ ~1FORMER OWNER ~~ ~~ C.~r N E ACREAGE ~ ~' ~ ""~`~~'~ J-{~~'`r:~ F, .(Tea S W TYPE OF BUILDING ~"~• J2a~4- Da(Z_~~~ RES,~/O~ SEAS. VL. FARM COM/vl. fND. CB. MISC. LAND - IMP. TOTAL ,; -- ~~~`~:, DATE REMARKS Jd ~d `Q 9 ~ ~tr h S/0 ~ _ g~ 3 7 j, "~~ a '- : ~ ~~ ~ ~~".~- o -~,~ ~, .~~ pia ~ . P - n ~ r N q ,~ ~:, " / / ryy~. ( '.: ., . t / ~ ~ I 1 -_ ~. {~ I H50 N -FC'~ ~'~C~] I ~k ic., 6-~ ~~, y. ~.. {.+~.. t ,~ ~ k , :~> ~.3 ~ a `- ~ ^ n~ ~ r 7 ~ ~.r' ~S- won ~~{-, ~'e u~.;,- ~-. an~P D~~ ef~- 6'~~J„ ' ,, ~ ~ ~ 'i G G ~UU 6 ~ v _? ~ o / ~.: ~!d r~'G 4s~s-2o $ o1Ci r17-LII s ) ~ c~'~ ~OId '~C c, ~.~i 4s iZ.- =/u~,yh~ n:„so„fsf.# Q.Ilt7 "fD C~'UY'CCY'~il ~W`~- 1 ~-~ y ~t7! Q '~ ~~ d O 0" ,~} 1~ ~~ ` ~ ~'i`1- 3~~/ / tiVA u~r~nC _" k~ "ri? "Il : ff ~il~l /'0 00 /3 ~~-' ." 9~ aa~ 9le-~~a ka- -i..,vrevr'~n ~ ~ ~vrcur~- ~0~ a NORMAL RK BF~OW ABOVE 4 r7 u / g d ~ ~ xx - Q d 3~I~1 ~arm~ ~~Acre ~ V lue Per Acre Va lue c~ ~ ~ 3S- 7 D- { G/3 ti L/ ~'u~~ O P Tillable 1 Tillable 2 (b I t 9 ~l - ,~j~# S 7J~9 -- P.cU B / ' Tillable. 3 Woodland Swampland ECEIVEQ Brushland ~ APR 24 20?3 House Plot "`' ~ "~ ~~ Tctol ~ ^ s __ V ~_- _ ~~- ~~., ~S i i = I 0 _ . - . - 30 ~~ S _ ~ L - ~ c ~JXP .`;p ^~ • ., i 118.-4-5 3/OS j ~ _ y , ~- F ~~ ~ ~ M. Bldg Y Sp ..- ~G Foundation ."~i ~ Bath Extensio_n~ ~ ~ 2~ ~ Basement ~ Floors ~~ ~ E Extension Ext. Walls - cti u o 0 :> ~ ~ a Lnterior Finish s, ~~ ~ t' G/a,~G l~q' Fi Pl Head - ~ti~,,pq~ ,t o0 re ace ~'~j y ~ec~sl o- c ~ a .- \ o g6,p~~ SBxllc _ '~ ~3Z Porch Attic , _ o - Porch Rooms lst Floor •g~e~.ey ~ Patio Rooms 2nd Floor Gar Yi' ~ Y 3 _ ~ Driveway 5c~%~a.e ~rt~,..s !/o i~ 30o Z. op oo , p J'!J 9'IA<Y4"'t / ' _ C ~T ~/ \ 1 ` 9 l98 'Q ~~~ ~ • ~. ~, <.~ ,;.a ... . x ` i~i 3 Par + 13~~1-. «~"~~ i i a - i ~- i 7 .4 TY L... ~ ~. ~ c.. r ..~. ~~ L~ _~ ,tea i COLOR TRIM • 1st 2nd /M BI gr °-y'~ans i Foundation C OTHER Bath 5 5 Dinette ~ ~,r ~ztens an ~ ®~s ` Basement n1LL COM&) s~ ~ P~ Floors ~ Kit. / Extension Finished B. Interior Finish L.R. Extension _ Fire Place ~ Heat + D.R. Garage ~~X 36= 86 L(- 3.75 Ext. Walls Ce BR. ~ Porch `~'" 3 =`1'76 6x as: s0 ~ 0 6 •S Do er ~ ~~' Baths a /L 3 ~ Sxl6= o WPatio x ~~ _ z Fam. Rm. I Pool Foyer ~ A:C. Laundry / O B Library/ Study Dock 16{~a.~ - rict,.ic„_ ELI7.ABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o~o~~g~FFO(,~c~ G N Z oy~ol # ~~o! W • 'F Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631)765-6145 Telephone (631) 766-1800 www. southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 29, 2013 RE: Zoning Appeal No. 6657 Transmitted herewith is Zoning Appeals No. 6657 of William C. Goe¢ins for Timothy McManus- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from William C. Goggins Dated Apri123, 2013, Copy of Certificate of Occupancy No. 27762 for Private One Family Dwelling with Alteration & Addition, Copy of Building Permit No 37591 to Demolish and Existing House & Construct a new Single Family Dwelling Dated October 19, 2012, Copy of Pre Existing Certificate of Occupancy No. Z-25215 for One Family Dwelling with Accessory Bath House, Copy of Housing Code Inspection Report Dated July 27, 1997, Copy of Survey Showing Property as it Exists Dated July 29, 1997, Copy of Certificate of Occupancy No. 27093 for Private One Family Dwelling with Addition (Garage) Dated June 21, 1976, Copy of Certificate of Occupancy No. 2- 25214 to Repair & Deck Addition to Existing Bath House Dated September 2, 1997, Two Pages of Board of Appeals Findings & Determinations No. 5803 Dated December 27, 2005, Authorization Letter from Timothy McManus to William C. Goggins, Two Pages of Photos, Three Pages of Property Record Cards, Notice of Disapproval from Building Department Dated March 21, 2013, Copy of Survey Showing Property as it Exists Dated Mazch 27, 2012 Prepazed by Nathan Taft Corwin III-Land Surveyor, Four Pages of Plans Showing Floor Plans, Site Plans & Elevations Dated March 5, 2013 Prepared by Samuels &Steelman-Architects. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/25/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6657 McManus, Timothy 2006 $1500.00 RECEIVED PR 2 6 2013 So thol o $1500.00 By _Ic_ Thank you. Date: 04/26113 Receipt: 149187 Quantity Transactions Reference Subtotal 1 ZBAApplication Fees 6657 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type CK #2006 Name: Goggins, & Palumbo P O Box 65 Mattituck, NY 11952 ***RECEIPT*** Amount Paid By $1,500.00 Goggins, & Palumbo Clerk ID: CAROLH Internal ID: 6657 6UILU7NG DEL'ARITIEN'f TOWN OP SOU1'1101.D 110USiNG CODE INSPEC'f70N REPOIt'f LOCA'f10N: ~ ~~ S- SURUIVISiON --~/---- NAP NO. LOT(s) NAND. OP OWNRR (s) ~9t-2; ~.~G+~wM_ OCCUPANCY ADHI'fTEO RY KEY AVAII.AR SOURCP, OP R ACCOMPANIED RY AX HAP NO. /, L G !/" T+~'~ / STORIES f EXITS ~ TY PE CONSTRUCTlON OP ' t jZ6-~.-Q (i LAIt CET SU~RAWL SPACB '~~ _ POUNDA f1:ON_~1t`~~ . _ _ 2._ 7 _7 ^~y . 'f0'I'Al. ROOMS: 1ST Pi.R . __~_2ND PLR.= _ 1RU PLR. 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' hry : yam' y ~, // fi, ~}` 3",y` ~ , `~ " 4 ~ 'Qi °~ ~.Y ° ~ r.mr , °'a s, 17.2Ak) µ~geAlwicwwml __ >> 5 \~ n~ ~ ~ '~ ~ L~~~~_~- -~ rya,/O ~c 9. ~ l /~ ~ e #~ q \1 i x,27 i r l © a,a, ~~~ •,, AO . sa T ~ ~°~ ~\`~ j ~~~ er~'~ \~' '\~'' ~\~ ~~~ #11242 d ~~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 27tH day of June. 2013. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN 7,ONIN(: BOARD OF APPEALS ' THURSDAY JULY 11, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant toSection 267 of the Town Lew end Town Code Chapter 280 (Zoning), Town of Southold, [hc following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY JULY 11, 2013: 10:00AM -TIMOT'HYM naANl S ~"~ - (AdJ. from PH 6/6p3) Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 28f1- 15 and [he Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a ca- bana/showerand decking, at; 1) less than ' the code required bulkhead setback of 75 feet, 2) less than the code reyuired mini- mum 10 foot side and/or rear setback for accessory structures, 3) the proposed ' cabana is nut a permitted accessory use, located at 7725 Nassau Point Road (adj. to Little Peconic Bay) Cutehogue, NY. SCTM#1(q0-118-4-5 10_20 AM - 1 O MI RAUy (BREEZY SHORFC a~5) 1t6,S _ Re- quest for Variance from Article XXIII Code Section 280-123A and the Build- ing Inspector's March 7,2013 Notice of Disapproval based on an application Lor building permit for additions and altera- tions to an existing seasonal cottage at 1) a nonconforming building contain- ing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use locat- ed aC #25 Breezy Shores Comm. Ina, 65490 Main Road (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53_ ~-12.6 1040 AM - GRAHAM WIL LOl1GHBY (BRFF Y CHOREc #131 #6661 -Request for Variance from Article XXIII Code Section 280-123A and the Buildiog Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application I for building permit for additions and ' alterations to an existing seasonal cot- tage at; 1) a nonconforming building wntaining a nonconforming use shall not be enlarged, reconstructed,structur- ally altered or moved, unless such build- ing is changed to a conforming use, lo- cated at #13 Breery Shores Comm [nc., 65490 Main Road (aka Stale Route 25 and Sage Blvd.) (adj. to Shelter Island Sound) Greenport, NY. SC"I'M#t0pp-53- 5-12.6 ]1~WAM -RALPHM ARBONP 7~ 664 -Request for Variances from Article XXII Code Section 280-116 and Article III Code Section 280-14 and the Building Inspector's April lfi, 2013, amended May 13, 2013 Notice of Disap- proval based on an application for build- ing permit for additions and alterations to a single family dwelling, at; 1) less than the code required 100 foot setback from top of bluff 2) more than [he code limit Dumber of stories (2 '/z) with a height of more than the code limit of 35 feel, located aC East End Ruad, (aka Castle Road) (adj. [n Block Island Sound) Fish- ers Island, NY. SCTM# I f100-1-2-5 1120 A M - DINA MASSO #fi66 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3, 2013, emended May 16, 2013 Notice of Disapproval based on an application fur building permit for additions and alterations to an existing single family dwelling, at; l) less than the code required total side yard setbacks of 35 feet, Iwated at 5705 Nassau Point Road, (adj. to Little Peconic Bay) Cu- tcltogue, NY. SCTM#1000-111-13-4 Principal Clerk day of _I %~~~ 2013. c ~HIV ~cHRISTINA VOIINSKI NCtTARY PUBLIC-S1ATf OF' NEW YORK No. 01 vGb 10 ti 050 In 5uff01N County Jres February a8, 2016 1~0A M -KEVIN CALL ACFJEu and DOROTHY GALLAGHER #6662 - I-hts is a request for a Waiver of Merger under Article II, Section 280-10A, to un- merge land identified as SCTM #1000- 70-10-61.1, based on the Building Inspec- tor's January 9, 2013, updated March 21, 2013 Notice of Disapproval, which smtes adjoining conforming or nonconform- ing lots held in common ownership shall merge until [he total lot size conforms [o the current bulk schedule (minimum 40,000 square feet in this R-40 Residen- tial Zone District) this lot is merged with lot 1000-70-10-62.1, located at: 1800 Park Way and 40 Beachwood (adj. [o Goose ('reek) Southold, NY SCTM#'s 10(10-70- 10-61.1 & 62.1 >~ P.M - RATSO r C #6666 - Re- quest for Variances from Article XV Cade Section 280-64A and Article XV Code Section 280.63 and the building Inspector's May 13, 2013 Notice of Dis- approval based on an application for building permit for additions and ahera- tions to an existing commercial building, at; 1) less than the code requred mini- mum front yard setback of 100 feet from the right of way, 2) less than the code required minimum rear yard setback of 60 fee[, located aC 67875 Main Road (aka CR 25) (corner Albertson Lane) Greenport, NY SCTM#1180-52-5-58.2 1:20 P.M. -JOHN ABBOTT #6663 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's April 24, 2013 No- tice of Disapproval concerning a permit for construction of a 10'X15' covered deck/gazebo, at 1) less-than [he code required bulkhead setback of 75 feet, located at 8630 Peconic Bay Boulevard, (adj. [o Great Peconic Bay and Private Road) Laurel, NY SCTM#1000-126-5-1 The Board of Appeals will hear all persons o[ their representatives, desir- ing to be heard a[ 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 [he day of the hearing. if you have questions please contact our office at, (631) 765-1809, or by email: Vicki.Toth@Town.Sou[hold.ny.us . Datedaune 13, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold,NY 11971-0959 11.242-IT 6YL7 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider ,~'~OF SOUryo~yy ~'~~ T • ~~0~ ~~y00UNT'1,~"~'' http: // sou[hol dtown. northfork. net • Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 11, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JULY 11, 2013: 10:00 A.M. -TIMOTHY McMANUS #6657 - (Adj. from PH 6/6/13) Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 280-15 and the Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum 10 foot side and/or rear setback for accessory structures, 3) the proposed cabana is not a permitted accessory use, located at: 7725 Nassau Point Road (adj, to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(a~Town.Southold.ny.us Dated: June 13, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 7179 Southold, NY 11971-0959 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Coehringer George Horning Ken Schneider ,~''~OF SO(/l~o~ q## # • ~~0,~ ~~y00UNt'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 (at Youngs Avenue) Southold, NY 11971 http: //sou[holdtown.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, JUNE 6, 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, JUNE 6. 2013: 11:20 A.M. -TIMOTHY McMANUS #6657 - Request for Variances from Article XXII Section 280-116 (B) and Article III, Section 280-15 and the Building Inspector's March 21, 2013 Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required 10 foot setback for accessory structures, 3) the proposed cabana is not a permitted accessory use, located at: 7725 Nassau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(caTown.Southold.nv.us Dated: May 6, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME McMANUS, TIMOTHY MAP # 718: 4-5 VARIANCE SETBACKS; USE REQUEST DEMO/RECONSTRUCT #6657 CABANA/SHOWER & DECKI NG DATE: THURS, JUNE 6, 2013 11:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 • ~ ~~s~- 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: htt~ //southtown.northfork.net May 6, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, June 6, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before Mav 20tH: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If anv letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability. and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than Mav 28th: Please either mail or deliver to our office your Affidavit of Mailin (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 Mav 29tH: 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 June 4, 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. GOGGINS & PALUMBO • ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631)298-4200 Fax: (631) 298-4214 May 28, 2013 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Re: Timothy McManus 7725 Nassau Point Road, Cutchogue, New York SCTM No. 1000-118.00-04.00-005.000 Dear Sir/ Madam: ~~~~~ Enclosed please find the following: 1. Affidavit of Sign Posting; and 2. Affidavit of mailing containing the mailing of the cover letter, Legal Notice and plans, certified mailing receipts, and return cards received. If you have any questions, please do not hesitate to contact the undersigned. V tru yo , illiam C ggins WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal WCG\dmp enclosures ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of / ~~ 1 TIMOTHY McMANUS, AFFIDAVIT OF MAILINGS 7725 Nassau Point Road, Cutchogue, New York SCTM NO. 1000-118.00-04.00-005.000 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) DONNA M. PALMER, residing at New Suffolk, New York, being duly sworn deposes and says: ONE: On May 13, 2013, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice, Cover Letter and Survey, attached hereto, in postage prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way o~ record surrounding the applicants property. TWO: Copies of the certi a mailing receipts r turn cards are attached hereto. . ~. ,. . A M. PALMER me Public Anthony H. Palumbo Notary Public, State of New York No. 02PA5114032, Suffolk ~C'oytt~y Commission Expires pug, 9 DD (~ .~ N [` S rrl ~ Postage $ S '~ Cartlfled Fes f~.~f f3•i0 ~ Relum Reeelpt Fee 0 (Endorsement Required) O Reatrkted DelNery Fee (EMOrsament Required) f2..~ ~ Here 10.00 `r ~ ~ 0 ~ Total Postage&Feea $ f6•il i ll)v D fLl ! To ra MMC RealtX ................_.-----....---•---...--------....._---- 0 or POBOZNO. 1~-$_Me@c~k]C4Qk-.~R~d....-------°•---------... ~ °ity~re'z!P'OGarden City, NY 11530 ... .. a f~ fU M1 ~ Postage $ '~ Certitletl Fee X07 W ~ RaNm RecelPt Fee i d R f ~qb, ,~ / qg " O re ) (Endorsement equ .Y ~ ~ O Restrktetl DelNery Fee ~' ~ (Entloreamant Requlretl) • ~ Total Postage B Foes $ f6.11 05~13~2013 O fU ,q anf To Mitchel E. Menaker__________________________________ ra -- --------------- Sfieat, Apt No.; - O or PO BOx NO. 77 Mercer S 1r fz~et ................................ N Clly Stste, ZIP+4 --- - _ .. New York NY 10012 :r.. ... ^ Complete items 1, 2, and 3. Also complete ~re X S ~ l7 ~eM Item 4 H RestrkKed Delivery is desln~[l. ~ ~~~ ^ PrIM your name and address on the reverse so that we can return the card to you. B. Received by ( nted N rre) C. Date of Delivery ^ Attach this to the back of the mailpiece, or on the ~ Perrrr~• D. Is delivery address different from item 17 ~ Yes 1. Article Add If YES, errter delivery address below: ~ No Mitchell"G. Menaker 77 Mercer?9treet NY,NY a servlceiYve pi ceranea Mall o ~p~ Man ^ Registered ~ Rearm Receipt for Merehendise ^ Insured Mdl C.O.D. 4. ResbiCted DelNery? (ores Fee) ^ Yes 2. ArtlcbNUmber 7011 2000 0000 6434 7270 _ (transfer rrom servfceAabdl - - PS Fonn 3811. Febn(ary 2004 Domestic Return Receipt t~~'t`t'~~a a ` f>n • . ~ .a S h:~ ~ Postage $ ~.~ ~ ~~..a ~ Certitietl Fee f3.10 ~ 2 ~ Retum Receipt Foe ~. ~osonark "~ ~ (Endorsement Required) f2•~ ere -~ O flesidctetl Delivery Fee f~, b O (Entloreement Requlretl) fO,QQ qs ~(~ ~ Total Postage 8 Fees $ ffi.11 fL enl To a John J. Stack & Elizabeth M. Stack------•---- ra s4reer. Apt: No.i -.'."-.-.'-'°' . . . . .. . . . .. .....-----•°---' - o arPO6oxNO. 1160 Park Avenue Apt. 9B M1 ....................."-.-.-.-..-.--...--...---.----..--_..---...--'--,.. ____ _ Crfy, SYale, ZIP+4 New York, NY 10128-1212 .. ~~~ ~ ! ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of f ~S~ TIMOTHY McMANUS, AFFIDAVIT OF SIGN POSTING 7725 Nassau Point Road, Cutchogue, New York SCTM NO. 1000-118.00-04.00-005.000 STATE OF NEW YORK ) COUNTY OF )ss: SUFFOLK) I, William C. Goggins doing business at 13235 Main Road, Mattituck, New York, being duly sworn deposes and says that: On the 11th day of May, 2013, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from the street or right-of--way (driveway entrance) -facing the street or facing each street orright-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 June 6, 2013. ~%~ WILLIAM C. G GINS to before e this ~4€ ,2013 Notary Public v No Anth°ny H. Palumyo No. 2p p~blie' State of New yak A6114032, Suffolk Cottruy Con~~l~ Expires Aug, g~l ~~~ ~w ~~~~~ °~~~ ~~~ ~ ~~ #11211 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) P~fiAR~ (A~ pPIPi4F.~ 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`d day of Mav. 2013. ~ j Clerk y~ Sworn t0 before r" ioixi AM - ~H1M e CFVr_r UYANIK #6644 - (ad' f PH 5/2/ LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JUNE 6, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY JUNE 6, 2013: 930 A M - NI HO A d MARY ANTONUCCI #6638 - (adj. from PH 4/4/13) Request for Vadance from Ar- tide XXIII 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 al[eraton [o existing single family dwelling: 1) less than the code required minimum frost yard setback of 35 feet, located at:770 Shipyard Lane (corner Landon Road) Southold, NY. SCTM#1000-64-420 9:45 A.M. -ARTHUR K . `;~ and NAN MOLOFSKY #6653 -Request for Variances from Article XXII Section 280-116 (B) and Article IV, Section 280- 18 and the Building Inspector's April 3, 2013 Notice of Disapproval based on en application for building permit for addi- tion= end alteration to an existing single family dwe0ing aq 1) lea than [he code required bulkhead setback of 75 feet, 2) less than the code required rear yard set- back of 50 feet, located aC 510 Bayberry Road (adj. to Wunneweta Pond) Cu- tchogue, NY. SCTM#1000-11Y14-36.8 1. rom 13) Request for Variance from Article XXII Section 280-116 and [he Building In- spector's February 27, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to asingle-family dwelling, au less than the code permitted setback of 100 feet from the [op of bluff, located at: 54875 CR 48 (aka North Roed) (adj. m Long Island Sound) Greenport, NY SCIM#100034-13 10:20 AM - 7AMt:c and cr rcnN BROWN Jffib52 _ (adj. from PH 52/13) Request for Variances from Article XXII Code Section 280-116B and Ar- ticle XXIII Code Section 280-124 and the Building Inpecto~'s April 10, 2012, revised March 20, 2013 Notice of Disap- proval basedbn an epphcation for build- ing permit for demohtion and rewn- stroction and additions/al[erations to an existing seasonal cottage at 1) bulkhead setback of less than [he code required 75 fee[, 2) less than the code required mini- mum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than [he maximum code permitted lot coverage of 20%, located at: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY SCTM#1000- 136-I-53.3 10.45 A M - r Fcr IF WINDtcru # -Request for Variances Article XXII Section 280-116 (B) and Article Ill, Section 280-15F the Building Inspec- tor's Apol 2, 2013 Notice of Disapproval based on an application for building permit for in-ground swimming pool and "as built" shed aF 1) proposed in- ground swimming pool at less then [he code required bulkhead setback of 75 feet, 2) "as built" shed at less than [he wde required bullrhead setback of 75 feet, 3) "a built" shed" at lea than the wde required front yard setback of 50 feet on waterfront property, located aC 1440 Kimberly Lane (adj. to Southold Bay) (North Beyview Road) Southold, NY SCIM#1000-70-13-20.10 day 13. l L~ ISTINA VOLINSKI NOTARY PUBLIC-STATE OP NEW YORK No.OlV06105050 Qualified in Suffolk County My Commission Expires Fubrumy 28, 2016 1100 A M -MARY ANN WOr r- ZOKa_dlOHNWOTMOK nd N- rCF A OHIO ~6 - 71de ie a request for a Waiver of Merger under Article II, Section 280.10A, [o unmerge land iden- tified as SCTM #1000-1441-12, based on the Building Inspector's February 5, 2013, Notice of Disapproval which smtes adjoining conforming or nonconforming lots held in common owne[slup shall merge until the total lot sin wnforms ro the current bulk sctiedde (minimum 40,000 square feet In this 2.40 Resi- dential Zone Distdct) this lot is merged with lot 1000-144-1.13, located at: 1830 and 1660 Sigsbee Road Mattituck, NY. SCITvt#'s1000-1441-12&.13 1120 A M - T[MOTHY McMAN 1 #6657 -Request for Variances from Ar- ticle XXII Section 280-116 (B) and Ar- ticle III, Section 280-15 and the Build- ing Inspector's March 21, 2013. Notice of Disapproval based on an application for building permit for demolition and re-construction of a cabana/shower and decking, at; l) lea then the wde required bulkhead setback of 75 feet, 2) less than the code required 30 foot setback for accesory sVUC[ures, 3) the- proposed cabana is not a permitted acceaory use, located au 7725 Naaau Point Road (adj. to Little Pecdnic Bay) Cutchogue, NY. SCl-M#1000-1183-5 t t ~en A M - RAYMOND and lOYCP VASTOLA #6655 -Request for Variance Article XXII Section 280-116 (B) and fife Building Inspector's April 8, 2013 Notice of Disapproval based on an applcaton for building permit [o construct as accessory in-ground swim- ming pool, addition nmd alterations to m existing-single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, located au 2795 Wells Avenue (adj. to Jockey (}eek) Southold, NY. $CiM#1000.70-4-15.1 t •00 PM - DAVm'r't rRNFR #6fi56 - RequeBt for VarieneesArticle XXII Sec- tion 280-116 (B) and At'[ide III, Section 260-15F the Building Inspector's April 29, X113 Notice of Disapproval based on m application for building permit to demolish existing single mmily dwelling, construct new single family dwelling and accessory garage at; 1) proposed wn- s[ruction at lea than the code required bulkhead setback of 75 feet, 2) aweaory garage proposed vt lotion other than code requred rear yard or in the case of waterfront property may be located in the front yard provided i[ meets the prin- cipal setback, located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY. SC1M#1000-BO-1-07.1 120 P-M.-FORK &ANCHOR r t r (TRACEY BYRNP~ #6659 -'Otis is a request under Section 280-146D for an Interpretation of the Town Code, Article XXIII, Section 260-121, "Non- conforming uses", appealing the Build- ing Inpec[or's March 14, 2013 Notice of Disapproval for a permit [o convert an accessory barn into food preparation for existng retail store, located at: 8955 Route 25 (aka Main Road) Eat Marion, NY SCI'M#1000-31-3-16 The Board of Appeals will hear all person or then repruen[atives, desir- ing to be heard at each hearing, and/or desiring [o submit written sm[emen[s before the wnclusion of each heazing. Each hearing wi6 ho[ smrt earlier than designated above.Files are available for review during'regulaz bninea hours end prior to the day of the hearing. If you have question, please wntact our .office a[, (631) 765-1809, or by email: Virki.ToUt®'Fown.Southold.ny.us . Dated: May 6, 2013 T.ONR40 BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Mein Road (Office Location) 53095 Mein Roed (MeBing/USPS) P.0. Box 1179 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerazd P. Goehringer George Homing Ken Schneider ~o~~pF SOUIyo~ • ~O ht[p: //sou[holdtown.northfork. net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Apri125, 2013 Mazk Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6657 (McManus) Dear Mr. Terry: APR 2 62013 We have received an application for demolition and re-construction in Cutchogue. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-SD is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerazd P. Goehringer George Horning Ken Schneider ~o~~pF SO(/r~o~ • ~O ~~y00UNTY,~`~ http: //sou thol dtown. northfork. net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 1 ] 971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 April 25, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6657 Owner/Applicant: McManus Action Requested: Demo/Reconstruct -bulkhead and rear yard setback Within 500 feet of: ()State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( )Boundary of Agricultural District ( )Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson BYC~y ~ 1J~Y3,/// ~Gi Encls. ~r -- o, ,a, WU oy ~f}rl. 0 /~~-~-~ ~~~-~J~ N ~.. NE3~R