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Home My WebLink About6671 CAL sk~~ ~1~TEG9T~z~vs- si BOARD MEMBERS DF SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ~0~~ lifOlO 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Town Annex /First Floor, Capital One Bank George Horning fie • ,~p~O 54375 Main Road (at Youngs Avenue) Ken Schneider 23 Comm Southold, NY 11971 RECEIVED http://southoldtown.nonhfork.net 3'.42 ZONING BOARD OF APPEALS AU 2 6 2013 TOWN OF SOUTHOLD Q Tel. (631) 765-1809 • Fax (631) 765-9064 So thold Town'Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 22, 2013 ZBA FILE No.: 6671 NAME OF APPLICANT: Shari Cai SCTM91000-90-2-4 PROPERTY LOCATION: 380 Midway Road, (corner West Lake) (adj. to Little Peconic Bay) Southold, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 11, 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 August 5, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION Parcel is improved with a two story frame dwelling with attached rear deck on a 26,656 sq. ft. lot in the R40 District. It has 112.66 feet of frontage on Midway Road (Private Road), 293.79 feet along West Lake Road (Private Road), 99.96 feet along Little Peconic Bay and 239.67 feet on the easterly property line as shown on the survey dated September 4, 2012 last revised June 21, 2013 prepared by John T. Metzger, LLS. BASIS OF THE APPLICATION: Request for variances from Article XXII Section 280-116(B) and Article XXIII Section280-124 and the Building Inspector's Notice of Disapproval based on an application for building permit for reconstruction and alterations to existing dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard of 15 feet, 3) less than the code required minimum combined side yards of 35 feet. RELIEF REQUESTED: The applicant is proposing reconstruction and alterations to the dwelling with a bulkhead setback of 49.7 feet where the code requires 75 feet, a single side yard of 13.4 feet where the code requires a minimum of 15 feet and a combined side yard of 24.7 feet where the code requires 35 feet combined. ADDITIONAL INFORMATION. Immediate neighborhood consists of several older improved non-conforming Page 2 of 3 - August 22, 2013 ZBA#6671- Cai SCTM#1000-90-24 homes many of which have been renovated into year round homes. In the past the ZBA has granted the existing structure variances for the proposed side yard and bulkhead setbacks. The non-conforming as built seaward deck that is within 75 ft. of the bulkhead has a certificate of occupancy. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 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 the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This non-conforming waterfront subdivision has been in existence for more than 50 years. It consists of larger non-conforming dwellings fronting on Little Peconic Bay. Most of the existing smaller homes are fronting on the small creeks and inlets within this area. The dwelling with attached deck existed prior to zoning. The applicant's agent provided other variances for similar setbacks that were granted in this neighborhood. Although, the proposed additions are non-conforming as to setbacks, the specific proposed alterations are in keeping with the existing neighborhood. The proposed reconstruction and alterations to the dwelling are proposed within the existing footprint and a small addition is proposed on the front of the dwelling that is not part of this variance. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing structure is set back 50 ft. from the bulkhead and the existing structure has a combined side yard of 24.7 ft. and a single side yard of 13.4ft. The renovations are using the existing building envelope therefore any renovation proposed would require a variance. 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 11% relief from the code for the single side yard setback, a 29% relief from the code for the combined side yards, and a 33% relief from code requirements for the non-conforming bulkhead setback. However, the home exists in its non- conforming location and all proposed improvements requiring relief are located within the existing footprint. 4. Town Law &267-b(3)(b)(4) No specific evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the proposed alterations requested while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dames, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the architectural drawings sheets 1-5 prepared by Malden Bay, RA, and dated 4/14/13, and on the undated survey by John C. Ehlers, Surveyor showing proposed additions and alterations with hand notes. Page 3 of 3 - August 22, 2013 ZBA#6671 - Cai SCTM#1000-90-2-4 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application andpublic hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minims in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dances, Horning This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing$ q C /2013 SURVEY OF LOT 115 "51MDIVISION MAP OF CEDAR BEAC44 PARK" N FILED MAP # 90 FILED VEC. 20,10121 51TUATEI BAYVIEW w E Tom; 5OUTHOl12 5UPFOLK COUNTY, NY s SURVEYED OB-O"-0I SIFFOLK GOLM TAX " Io AO-2-4 h GERTiFIED Tol CATHERINE M6DONALD ~h..• AS TWSTEE ECEIVED, ,fso I 6202014 `;r BOA D OF APPEALS \1 .rM. ry /Z ' 6 ti : d ,a ~ ~ o s2N~KUc['IOti Little Pecnnic mI,~I~us Re FINAL a y FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED is 130 l ~a AX Lt AR°A 26b3531 OR b. ALRES JOHN C. EHLERS LANE) SURVEYOR e;A .,.n, dLFFR r,. wvc2~ c Ys. I-IC..NO. -W-02 t. EA51' MAIN 5"WHET ET vRAFH.6 -,::ALE . L-10 IUVF.RHL:111. N.Y. I I`NII 3694288 F. 169-8287 REFXMI~~ ROSYII-24&; , FEB 2 0 2014 ~plp1 12'-4" BOARD OF APPEALS Q ALIGN Q O Z 36 01 LER M BOILE LINE OF EXIST. J HOUSE Z-0 0OM No.1 LLJ OIL o ADD J" TYPE X ~ GYP. BD. IN Q o BURNER g01LE BOILER RM. J ~ O I Cn 4 No.2 z S'-O" Q MINIMUM EXIST. HOT ATE FIREPLACE HEAT CHIMNEY LINE OF EXIST. HOUSE ADD J" TYPE X GYP. BD. IN Q BOILER RM. 0) 1 ST FL. PART PLAN o Scale: 1/4"-l'-O" z Q LEGEND o - o NEW EXTERIOR WALL ASSEMBLY _ 2X6 STUDS WITH 5/8" TYPE X GYP. BD. ON L INSIDE 6" PAPER BACKED FIBERGLASS o O INSULATION. J" PLY WD. SHEATHING FELT PAPER W 00 AND VINYL SIDING ON EXTERIOR SIDE rd-) U) r~ ,n ^ a ,o } I,A_I l~l ®,w ms a m ~ Q ~ 0 <Z DO ? ? ? Z~o Glie~•tMl !m•I w w Q~TO Y~ f .,em ars _ ROOF ~SHINGLES • :a o.c r ~•uo, ? ? o _ TO MATCH ? ? ? i~. v,,.F^' ?I - - EXISTING _ VINYL SIDING ? Ll 0 TO MATCH EXISTING EXISTING PROPOSED EXISTING ,••,d.,.. HOUSE IV ADDITION No. 3 IV HOUSE mp- BOILER ROOM SECTION - WEST ELEVATION o Scale: 1/4"=1'-0" Scale: 1/8"=1'-0" g FEB 2 6 2014 cc) o Cn D ? . EXISTING II' ROOF BEYOND 3 n - ROOF 1 SHINGLES o TO MATCH EXISTING F" a ® ? - - VINYL SIDING 0 O MATCH z E%ISTING O Li LU U co L EXISTING PROPOSED U HOUSE ADDITION No. 3 00 J Q ~ W m B NORTH ELEVATION o Scale: 0" NO 9 ~H~w BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman, Chairperson hO~ O~ 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dames 41 Office Location: Gerard P. Gcehringer G O Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~yCVUNr 1 Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 February 26, 2014 Mladen Bay, R.A. 475 Hill Road Southold, NY 11971 RE: Cai, ZBA #6671 Dear Mr. Bay: I have reviewed your letters dated February 19, 2014 and February 26, 2014, and the proposed survey, I' floor part. Plan and elevations and building sections noted as page 9 that you submitted with your request for a de minimus determination. Since you do not propose any changes to the side yard setback of I 1 feet, and are actually proposing to make the dwelling FEMA compliant by filling in the basement and adding a small 12.4'X 14' boiler room addition, I have determined that your requested modification is de minimus in nature. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the office to send a copy of this letter and your request, and a stamped approved copy of the amended survey and the I' FL. PART PLAN date stamped received Feb. 20, 2014 by the zoning Board of Appeals and the Elevations and Building Sections dated 4/15/13 labeled drawing no.9, to the Building Department so that you can apply for a building permit. If you have any questions, please call the office. cer y~ Leslie Kanes Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector nary 475 Hill Road, Southold, NY 11971 631 765-4180 February 19, 2014 To: Board of Appeals ~(QQ(o I Town of Southold RECEIVED 54375 Main Road Southold, NY 11971 FEB 2 0 70`4 Attn: Leslie Kanes Weisman. Chairperson BOARD OF APPEALS Re: Shari Cai 380 Midway Road Southold, NY 11971 ZBA File No. 6671 STCM No. 1000-90-2-4 Dear Ms. Weisman, I have been requested by my client Ms. Cai to look into another addition to her existing house. The need for this addition is to reduce Ms. Cai's current flood insurance premium which is $37,000/year, this is more than her current mortgage. Since Ms. Cai's loan was processed in the transition period between the old and new flood insurance rates. The new rate regulated by FEMA was a shocking surprise to her and her mortgage lender. No one had any idea how drastic the rate increase would be. This has turned out to be a financial hardship to Ms. Cai. FEMA bases the rate on the lowest elevation of the house. This is why Ms. Cai is looking at filling in the Basement, and as a result requiring relocation of her boiler equipment out of the Basement. The attached survey shows the location as Proposed Addition No.3. The location is selected because the boiler equipment is currently located on the other side of the wall in the Basement. Even though the proposed addition does not meet the setback requirements, it does not increase the level of non conformance. It does not reduce the current side yard, and is on the landward side of the house. Can this addition be considered to be a de minimis change, or does Ms. Cai have to apply for another variance? Thank you for your consideration. If you have any questions or require additional information please feel free to contact me. Sincerely, Mladen Bay As Agent for Shari Cai 475 Hill Road, Southold, NY 11971 631 765-4180 62 C ~1U ~1 February 26, 2014 FEB 2 6 2014 To: Board of Appeals r ~pptpL=_: Town of Southold 13r,;gRD Or 54375 Main Road Southold, NY 11971 Attn: Leslie Kanes Weisman. Chairperson Re: Shari Cai 380 Midway Road Southold, NY 11971 ZBA File NC-60 I-) STCM No. 1000-90-2-4 Dear Ms. Weisman, Attached are two (2) drawing copies with elevations for the above referenced project, as requested. Thank you for your consideration. If you have any questions or require additional information please feel free to contact me. Sincerely, C-z Mladen Bay As Agent for Shari Cai Office Location: f4f so Mailing Address: Town Annex /First Floor, Capital One Bank Ile 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 Southold, NY 11971-0959 28 coulm, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 30, 2013 Mladen Bay, R.A. 475 Hill Road Southold, NY 11971 RE: Cai - ZBA File#667 1, de minimus request Dear Mr. Bay: I have reviewed your letter dated December 26, 2013, and the survey showing the proposed addition that you submitted with your request for a de minimus determination. Since the small addition you are now proposing to the existing dwelling does not create any changes to the relief granted for non-conforming bulkhead and side yard setbacks in the above referenced ZBA decision, and since you are not proposing any new nonconformity, I am approving your request. Please also note that the applicant must comply with Chapter 23 6 of the Town's drainage code. I will instruct the, office to send a copy of this letter and your request, and a stamped approved copy of the survey dated 8-9-01 prepared by John C. Ehlers, Land Surveyor with the proposed addition noted as NEW ADDITION M.2, to the Building Department so that you can apply for a modified building permit. If you have any questions, please call the office. an Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector SURVEY OF LOT 115 05UBDIYISION MAP OF CEDAR BEAC44 PARK" N FILED MAP 8 90 FILED D6G. 20,1927 SITUATEI BAWEW W E TON N. SOVn4OLD SUFFOLK COUNTY. NY is WNETED.OB-0941 o`°w r Tnx I GERTR'IED TOE .t,_ ' ~~/{~J ' A6 A6 7M INE MGDONALD /N _ ! TfBJriTff , icy I r; $ ~q 44 100 e,~ v t Ji '•s• 9f - i Roar°µ Lithe Pec'onic ga cle(yll.urnttiS y FINAL MAP REVIEWED BY'. ZBA SEE DECISION # (0 6 7 DATED l2 rore5. AREA 261,33 s.- CR Db. A-xTE$ JOHN C. EHLERS LAND SURVEYOR =LEV:4nD~.5 2EF°, i0 a'. nffiW N 6 EASF MAIN STREET N V S. LIC\O. RM &RAPHiL 51-ALE - 30 ' WVERHE:AO. N.Y. I I•Nll 369-PBS F.309 28] RF.r.miv Ta"aw\mOb"m1-2"Rpm 475 Hill Road, Southold, NY 11971 631765.4180 December 26, 2013 RECEIVED Utz 2 g W3 To: Board of Appeals Town of Southold BOARD OF APPEALS 54375 Main Road Southold, NY 11971 Attn: Leslie Kanes Weisman, Chairperson Re: Shari Cai 380 Midway Road Southold, NY 11971 ZBA File No.:6671 STCM# 1000-90-2-4 Dear Ms. Weisman I am writing to you to request a change to Shari Cai s application, which we believe to be de minimis. The attached survey shows the location of the proposed Addition No.2 to the existing house. It is 63Ft. from the bulkhead. 12Ft short of the required 75Ft, therefore requiring ZBA approval. This 6.9Ft.X5.7ft addition will be used for a Powder Room. It is on the inland side of the existing house, and when considering the shape of the house the change will hardly be noticed. Thank you for your consideration. If you have any questions or require additional information please feel free to contact me. Sincerely, Mladen Bay As Agent for Shari Cai 5URVEY OF LO i "SUMVISION MAP cnevAR MACH PARK' N PILED MAP # 90 IFILED DEG. 20,192`1 SITUATE, BAWIEW TOM, SOUTMOLD W E S: K. COMM Nr +1 1 s XaveieP oe-oa-o, l s . 91AYd,K car+rv rn}I . r room-ao 7 r i , ~yj+ { GER+WRP iQ, f~` t ' 4AiTWSiaCHLOOaKP 11'~ g5-1 4v Dr~ *le .P r 4 d -9.9N[{ 1i8l Yry'S / /~n/ Pc Go,, r bay RECEIVED FINAL MAP JUN 2 6 2013 REVIEWED BY ZBA BOARD OF APPEAL. ,SEEDECISION # TED p/ F. (e~ / b y rr "4 , M>m;" JOHN C, EHL€:RS ,.AND SURVEYOR e[.nSf Mn~f<sraef:~ ors frr ~o. r,::u~ ~ry '"i-t ~ =''i'' RIVtkHG1fi. 4Y, il•xrt r ~ kFl-%?Aa fu }(p x}Ai ,%ti'Nif`+~"'4nk'[UY.M,f-?ae Vim. - - if 7_ 5f ALL P1 W.J ,,aa• i 1 3 Sr teT hevriei, 1, ~R 5 ~-yubhng RECEIVED COEVNC PORCX . JUN 2 6 2013 cOLUwz nNO arERXwc 4 T Eximxc w P, o z REUSE aEn ~ BOARD OF APPEALS m } B. R. LE~ L ~J v ~EXl TRO ` J o - FEVRE no Q J ° Q } W]R TO eE o ~ O LL Z 0.'ufl iRNAE ~ G RE°rE OYP SO L ces ON THIS POE 1 k=J~ Du N. 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Main Rd. & Youngs Ave.) N Southold, NY 11971 G~ Q Telephone: 631 765-1938 Fax: 631765-3136 t\(%w OlyCt7ONV IC` LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair Nut, 0 5 2013 Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner BOARD OFAPPEALS LWRP Coordinator VK~ Date: August 5, 2013 Re Coastal Consistency Review for ZBA File Ref: SHARI CAI #6671 SCTM#1000-90-2-4 SHARI CAI #6671 - Request for Variances from Article XXII Section 280-116(B) and Article XXIII Section 280-124 and the Building Inspector's May 6, 2013 Notice of Disapproval based on an application for building permit for reconstruction and alterations to existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard of 15 feet, 3) less than the code required minimum combined side yards of 35 feet, located at: 380 Midway Road (corner West Lake Road) (adj. to Little Peconic Bay) Southold, NY. SCTM#1000-90-2-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "ll" which states: ll. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The proposed action is not located within the Coastal Erosion Hazard Area. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Le . Iy COUNTY OF SUFFOLK V~ Steven Bellone J SUFFOLK COUNTY EXECUTIVE Department of V~l Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment July 11, 2013 Town of Southold ZBA RECEIVED 53095 Main Road P.O. Box 1179 JUL 17 2013 Southold, New York 11971 Ms. Leslie K. Weisman, Chair BOARD OF APPEALS Dear Ms. Weisman: 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 appears tabe no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Withers, Michael 6670 Cai, Shari 6671 C&L Realty, Inc. 6672 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner ,:me 1ENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th Fl ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ 1631) 853-5191 FORM NO. 3 • NOTICE OF DISAPPROVAL DATE: May 6, 2013 TO: Mladen Bay R.A. for Shari Cai RECEIVED 475 Hill Road Southold, NY 11971 2 6 2013 Please take notice that your application dated April 26, 2013 BOARD OF APPEALS For permit for reconstruction and alterations to existing single family dwelling at: Location of property: 380 Midway Rd., Southold, NY County Tax Map No. 1000 - Section 90 Block 2 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 26,656 sq ft lot 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 a bulkhead exists shall be set back not less than 75 feet from the bulkhead." The site plan shows a setback of approximately 50 feet from the bulkhead In addition, pursuant to Article XXIII, Section 280-124 non-conforming lots between 20,000 & 39,999 square feet shall maintain a minimum side yard of 15'/ 35' combined; the survey shows the new construction at 13.4' single side yard and combined side yards with a total of 24.7' feet. Note: Town Trustee permit is also required. 7 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. fee: $ Filed By: Assignment No. I JUN 2 6 2013 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 380 Street Midway Road Hamlet Southold SCTM 1000 Section 90 Block 2 Lot(s) 4 Lot Size 6~ 26,656 sq.ft. Zone_ RR=40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 6, 2013 BASED ON MAP dated 8-9-01 prepared by Mladen Bay R.A Applicant(s)/Owner(s): Shari Cat Mailing Address: 380 Midway Road, Southold Telephone: c/o Pat Moore 765-4330 Fax 765-4663 Email: pcmoorena mooreattys.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: pcmoorena mooreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or F. Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3/15113 and DENIED AN APPLICATION DATED May 6, 2013 FOR: E Building Permit ? Certificate of Occupancy ? Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction 0Other: 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 50' 2.Article XXIII, Section 280-124 closest side yard 13.4' and both yards 24.7' Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section ? Reversal or Other A prior appeal , X has not been made at any time with respect to this Drooerty UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Shari Cai ZBA File # f RECEIVED JUN 2 6 2013 REASONS FOR APPEAL (additional sheets may be used with prenarer's signature): AREA VARIANCE REASONS: BOARD OF APPEALS (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 115 in the subdivision known as Map of Cedar Beach Park filed on December 20, 1927 as file number 90. This and surrounding homes pre-date zoning. Renovation and reconstruction on the first floor of the existing dwelling and reconstruction of second floor bathrooms and bedroom is proposed. All work is being done over existing structures maintaining the existing setbacks. The existing house has been renovated (with permits) over the years and conforms to the character of the neighborhood. The neighboring homes are similarly developed. (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. The proposed renovation and reconstruction is of the existing house without expansion. Roof lines and roof pitch will modified to match the existing dwelling. (3) The amount of relief requested is not substantial because: The existing house side yard setbacks are established and remaining at 11.3 and 13.4, the foundation is remaining in place. The proposed reconstruction remains within the same setback as the existing structure (@ 50' from the bulkhead). Only a small portion of the existing house is being modified, the majority of the existing house is unchanged. A majority of the existing house was updated and the proposed reconstruction of the rooms is of the portions of the house which were not updated. (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 is developed, the proposed project is a small reconstruction of the existing rooms. Public water is in the street. 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 bulkhead, landscape ties, and two wood jetty structures. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No The existing home is pre-existing nonconforming as to set backs. Cedar Beach is a well established neighborhood of year round homes. The subject property is similarly developed to the other homes on similarly sized properties in Cedar Beach. The subject parcel conforms to the larger lots in Cedar Beach. Covenants and Restrictions concerning this land: X No Yes (pleasefurnish 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 box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney. Sig ure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this (3 day JM- , 20 t7 BETSY A. PERKINS Notary Public, State of New York No. 01PE61306n Qualified in Suffolk cot"l~ , Commission Expires July, 18, O"" I 1 APPLICANT'S PROJECT DESCRIPTION RECEIVED (For ZBA Reference) Applicant: Shari Car JUN 2 6 2013 Date Prepared: June 6, 2013 BOARD OF APPEALS 1. For Demolition of Existing Building Areas Please describe areas being removed: 10' connection of first and second floor on east side of house. 26' x 13' first floor of bedrooms with terrace above and second floor bathrooms and bedroom addition. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- existing dwelling Dimensions of new second floor- Dimensions of floor above second level : none Height (from finished ground to top of ridge): 21' Is basement or lowest floor area being constructed- If yes, please provide height (above ground) No change measured from natural existing grade to first floor: (k 4-5' (existing) 111. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: two story house Number of Floors and Changes WITH Alterations: partial reconstruction of first and second floor IV. Calculations of building areas and lot coverage (from surveyor):.07% existing Proposed construction over existing structure, no additional sq.ft. - already approved 113sq.ft. Entrance Proposed increase of building coverage: 113 sq.ft. (.42%) Square footage of your lot: 26,633 SF Percentage of coverage of your lot by building area: 1,999 sq.ft. Of existing /26,633 = 7.5 % Total= 7.5% +.42% = 7.92% V. Purpose of New Construction Requested: bathroom and bedroom addition to existing house VI. Please describe the land contours (flat, slope etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat waterfront parcel with steps down to Little Peconic Bay beach Please submit seven (7) photos, labeled to show all yard areas of proposed construction (after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE OWNER:Shari C FOR FILING WITH YOUR Z.B.A. APPLICATION SCTM: 1000-90-2-4 C RECEIVED A. Is the subject premises listed on the real estate market for sale? ? Yes No JUN 2 6 2013 B. Are there any proposals to change or alter land contours? 8 No ? Yes, please explain on attached sheet. BOARD OF APPEALS C. I ) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 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? yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: a building permit was issued for the new front entrance. Landward of the existing dwelling so it did not need variances. 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 pre-existing nonconforming single family dwelling and proposed use samed dwelling with renovation and reconstruction of bathrooms and bedroom as shown on plans (examples: existing: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 RECEIVE AGRICULTURAL DATA STATEMENT JUN 2 6 110 ZONING BOARD OF APPEALS 201 TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO 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 an agricultural district OR within 300 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the. Suffolk County Department of Planning in accordance with Sections 239- m and 239-n oftheVeneral Municipal Law. 1) Name of Applicant:_' 1Q 1 C ( F-_ 2) Address of Applicant: t ~0 1--t A t u go. S'c 440 i\ 3) Name of Land Owner (if other than applicant) : ~H 4) Address of Land Owner., Mtn . ~4 #_/jr1n_ g ? ~t , ;mow 1 119 5) Description of Proposed Project: 6) Location of Property (road and tax map number): '.3 $O 1-t k cue. +a e=L*C-, S~IJ ~Yh aLc~ SC1-ij. kC*01 -ot k-s-a-y 7) Is the parcel within an agricultural district? ?No ?Yes If yes, Agricultural District Number 8) Is this parcel actively farmed?,7No ?Yes 9) Name, and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public.computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. d Name and Address t' 2. 3. 4. 5; 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-193$sr'the$oning Board of Appeals at 765-1809. oils/ 12> Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy .ofthis statement 2. Comments returned to the local board will be taken into consideration as part of the overall review. of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME -\Q CttE C T-1 e- RECEIVED 3. PROJECT LOCATION: 8Q t p y, ,tt L*0 Municipality J~J County %"~0-611L - JUN 2 6 2013 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) K i 0~ ~-Q a CA 0, S W BOARD OF APPEALS S C'CHl ' . pp~ - `9A- Z - 5. PROPOSED ACTION IS: ? New Expansion WModification/alteration 8. DESCRIBE PROJECT BRIEFLY: cvYrs%r(ic7' /o x / a' / sr a Zrrc/(oa ' / / C~ /5YOY l~ X /3i / °T /-T/tC 7. AMOUNT OF O i LA6 NQAFFECTED: Initially acres Ultimately 15 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? E]Yes ® No It No, describe briefly V I /may /I-,- ~ b/v/I~/~.L GIBS 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? / rerResidenbal F-1 Industrial El commercial Agricufiure Park/ForesVOpen Space Other Descri 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes No If Yes, list agency(s) name and permit/approvals: -RU S k--" 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes I rV --1 No If Yes, list agency(s) name and pennillapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ® No I CER7 T THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLED 3 Applicant/sponsor name: Li C- }-E Date: Signature: If the action is in the Coastal Area, and you are a state aggency, complete the Coastal Assessment Form before proceeding with tFtis assessment OVER 1 AU PART II - IMPACT ASSESSMENT o be completed b Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,4? If yes, coordinate the review p=ass and use the FULL EAF. ? Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another Involved agency. Yea 1:1 No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, Itlegible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage a flooding problems? Explain briefly: F77777 I C2. Aesthetic, agricultural, archeaological, hlatodc, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C31 Vegetation or fauna, fish, shellfish or klgfe species, significant hale ts, or threatened or endangered specles7 Explain briefly: C4. I A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land of other natural resources? Explain briefly C5. Growth, subsequent development, or related actMties likely to be induced by the proposed action? Explain briefly: 1 C6. Long term, short term, cumulative, or other effects not Identified In C1-C57 Explain brle6y. C7. Other Impacts (including changes in use of either ua a type o/ ens Ex lain brief : D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CEA? II es lelnbrie : 0 Yes El No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If a lain: Yes 1:1 No F PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration, (d) Irreversibility; (e) geographic scope; and (I) magnitude. If necessary, add attactlments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part a was checked yes, the determination of significance mustevaluate the potential impactofthe proposed action on the environmental characteristics of the CFA. Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box If you have determined. based on the information and analysis above and any supporting documentation, that the proposed actin WILL NOT result In any significant adverse environmental Impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Print or Type Name o Responsible Officer In ea gency Ties of Responsible Officer Signature o Responsible Officer In tie Agency Signature o reparer (if eren from respons e o er APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: CAI, SHARI and MOORE, PATRICIA C. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate thei ^ other person or company name.) Cam' NATURE OF APPLICATION: (Check all that apply.) RECEIVED Tax Grievance Variance X Special Exception JUN 2 6 2013 If "Other", name the activity: Change of Zone BOARD OF APPEALS 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 corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); _ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature: Sha ' at_ ricia C. Moore LWRP CONSISTENCY ASSESSMENT FORM RECEJUN 2I20VED D A. INSTRUCTIONS BOARD OF APPEALS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LW RP 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.north fork. 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# 1000-90-2-4 OWNER: Shari CAI AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept._ Building Dept. Board of Trustees X_ Zoning Board of Appeals X I. 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 Nature and extent of action: renovation and addition to existing house- no increase in setbacks (existing maintained). Location of action: 380 Midway Road, Southold Site acreage: 26,656 sq.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: '41~--6Dbll7l RECEIVED (a) Name of applicant: Shari CaY (b) Mailing Address: 380 Midway Road, Southold JUN 2 6 2013 (c) Telephone number: Area Code (631 ) 765-4330 (Pat Moore) (d) Application number, if any: BOARD OF APPEALS 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 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. X Yes No Not Applicable the house and property is preexisting nonconforming. The alterations and additions are existing spaces retaining foundation and existing house. 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 land is not identified as area of Archeological Sensitivity or on the National Register on Map 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 provided which prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES RECEIVED 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 JUN 2 6 2013 X Yes No Not Applicable No effect on flooding or erosion. Bulkhead and jettys protect proA%RQ1 1gg*A_PW-'!1,. 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. 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 proposed construction (bathroom and bedroom alterations)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 The parcel is private ownership 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 X Not Applicable Residential use of property in establish property and neighborhood will not adverse 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 bulkhead 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 significant drain on existing energy and mineral resources 4r_/ zI/ RECEIVED *copy of Town form created on 5/25/05 JUN 2 6 2013 BOARD OF APPEALS T• OF SOUTHOLD • /Y 6P~~/ OFFICE OF BUILDING INSPECTOR RECEIVED TOWN HALL SOUTHOLD, NEW YORK U P D A T E D JUN 2 6 2013 CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the BOARD OF APPEALS EN Land Pre C.O. 9- 217267 Building(s) Q Use(s) Date- September 7, 1988 located at 35 Midway Road Southold Street Hamlet shown on County tax map as District 1000, Section 90 , Block 2 , Lot 4 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ® Land 1::7 Building(s) 1_~7 Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains a two story, one family, wood framed dwelling with deck addition, Permit 916007Z C.O. 9215810, and with attached garage; all this situated in the "A"Residential-Agricultural Zone with access to Midway Road. The Certificate is issued to ALFRED J. 6 MARY ELLEN AMEND (owner, 149F11X2SYx2HRXXX4 of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regulations. Bui ing Inspector • FORM NO. 4 ' TOWN OF SOUTHOLD~/ BUILDING DEPARTMENT CO Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. JUN 2 6 2013 Certificate Of Occupancy BOARD OF APPEALS No...... Z15810 May 28, 1987 Date THIS CERTIFIES that the building , , replacement of existing deck w/new deck. Location of Property ....35, Midwm Road Southold NouuMo. Sneer • . . . . .Jfamlet County Tax Map No. 1000 Section 90..... Block ?.......Lot 4. Subdivision ............11 ..................Filed Map No. ..A ....Lot No. R conforms substantially to the Application for Building Permit heretofore filed in this office dated May.l,.19$7..... pursuant to which Building Permit No. 160072 dated , , My. z A. • 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is Rep.7 acet4ent, A.E .aTt..eX1St,> qg, Aegk, with, a new deck in same footprint. The certificate is issued to ................911 ' IAII4. A.•.. ELLEN, HALL (owner.I XQ" XIBR$474 of the aforesaid building. Suffolk County Department of Health Approval 11lA...................... UNDERWRITERS CERTIFICATE NO . ...................N/A PLUMBERS CERTIFICATION DATED: N/A Building Inspector n... uai e • FORM No. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. JUN 2 6 2013 CERTIFICATE OF OCCUPANCY BOARD OF APPEALS No Z-22401 Date JUNE 18, 1993 THIS CERTIFIES that the building REPAIR Location of Property 380 MIDWAY ROAD SOUTHOLD N.Y. _ House No. Street Hamlet County Tax Map No. 1000 Section 90 Block 2 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 14, 1992 pursuant to which Building Permit No. 20957-7, dated SEPTEMBER 15, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIRS TO EXISTING ONE FAMILY DWELLING FROM FIRE DAMAGE AS APPLIED FOR. The certificate is issued to ALFRED AMEND (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-279168 - JUNE 10, 1993 PLUMBERS CERTIFICATION DATED N/A Buil ing Inspector Rev. 1/81 FORM NO. 4/ TOWN OF SOUTHOLD (O BUILDING DEPARTMENT RECEIVED ' office of the Building Inspector Town Hall JUN 2 6 2013 Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-23818 Date AUGUST 15, 1995 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 380 MIDWAY ROAD SOUTHOLD, NSW YORK House No. Street Hamlet County Tax Map No. 1000 Section 90 Block 2 Lot 4 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 1, 1994 pursuant to which Building Permit No. 22455-Z dated NOVEMBER 4, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION & TWO STORY ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ALFRED AMEND (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-359550 - AUGUST 1, 1995 PLUMBERS CERTIFICATION DATED JULY 7, 1995- MICHAEL DAWSON Building Inspecto Rev. 1/81 aFUt • TOWN OF SOUTHOLD / BUILDING DEPARTMENT CO(p~( TOWN CLERK'S OFFICE SOUTHOLD, NY RECEIVED A P BUILDING PERMIT JUN 2 6 2013 (THIS PERMIT MUST BE KEPT ON THE PROSABG) OF APPEALS WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit 38044 Date: 5122/2013 Permission is hereby granted to: Cai, Jing Shari _ 62-11 Asquith Cres Rego Park, NY 11375 To: construct addition & alterations to an existing single family dwelling as applied for At premises located at: 380 Midway Rd, Southold SCTM # 473889 Sec/Block/Lot # 90.-2-4 Pursuant to application dated 4/2612013 and approved by the Building Inspector. To expire on 11/21/2014. Fees: SINGLE FAMILY DWELLING - ADDITION OR ALTERATION $448.80 CO - ALTERATION TO DWELLING $50.00 Total: $498.80 Building Inspector TOWN OF SOUTHOLD 0 • BUILDING DEPARTMENT 4~kk wl TOWN CLERK'S OFFICE RECEIVED SOUTHOLD,NY f JUN 2 6 201.; BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit 37844 Date: 315/2013 Permission is hereby granted to: Cal, Jing Shari 62-11 Asquith Cres Rego Park, NY 11375 To: construct an accessory nonhabitable two car garage as applied for At premises located at: 380 Midway Rd, Southold SCTM # 473889 Sec/Block/Lot # 90.-2-4 Pursuant to application dated 2/28/2013 and approved by the Building Inspector. To expire on 9/4/2014. Fees: ALTERATION OF ACCESSORY BUILDINGS $580.00 CO - ACCESSORY BUILDING $50.00 Total: $630.00 Building Inspector ocNuc A uuu N.Y.S.D.E.C. • • Trustees ~ C.O. Application C7 ~W E Flood Permit Examined ,20 D Single & Separate APR 2 6 2013 D Storm-water Assessment Form Contact: Approved 20_ Mailto: HYP D~ lyr BLDG. DEPT. Disapproveda/ca, TOWN' OFSOUTHOLD <{7y~ HILL "~.D S4J'a'~IOI.G ' Y Phone: U !a 2l -LMT' '1 t a Expiration . 20 '11' RECEIVED Building Inspector APPLICATION FOR BUILDING PERMIT JUN p2 6 2013 D DARD g j~EALS 20 t?r INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall he kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit-for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances. building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signat applic t rname,ifacorporation) 477' Ntt~ CZ-S~', SOV-~t-~otrt~ 6J~Y, lt°~7 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder k I -r>?c'51-- Natne of owner of premises ~7 lt~l Gil (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. 3. Nature of work (check which applicable): New Building Add n _Alteration Y Repair Removal qk_Demolition Other (Description) 4. Estimated Cost Fee paid on filing this application) 5. If dwelling, number of dwelling units } t#ttn*Sr (To be ^-elling units on each floor If garage, number of cars/ 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use. kp 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 3. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 1. Size of lot: Front Rear Depth 0. Date of Purchase Name of Former Owner 1. Zone or use district in which premises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 3. Will lot be re-graded? YES_ NO Will excess fill be removed from premises? YES NO 4. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 5 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO - • IF YES, D.E.C. PERMITS MAY BE REQUIRED. 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 3. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. FATE OF NEW YORK) SS: OUNTY OF ) ~c17d10 ? ~~i~j being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, )He is the AlF;g-~ (Contactor. Agent, Corporate Officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; Shari Cai 380 Midway Road Southold NY 11971 May 21, 2013 l RECEIVED JUN 2 6 2013 Patricia C. Moore 51020 Main Road BOARD OF APPEALS Southold NY 11971 Dear Ms. Moore: I, Shari Cai, as ownes of property located on 380 Midway Road, Southold, New York (schn: 1000-90-2-4) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Board of Trustees, Zoning Board of Appeals, the NYS DEC, and any other agencies. Very truly yours, SS an Cai i p _ - ""'No i. I'LL CAI; 32iU MIDWAY KUA1J +x SOUTHOLD 'JUN 2 6 2013 SCTM: 1000-90-2-4 . BOARD OF APP.EAI_:_ ` , . a P* M1R t N • v lie a lefi t. t fir, ~ ~ ~~T • ~ S • j Y ~7 ~ , `~t ~ ~~u'~':• R ~+f'k..~D ~ 4~ r f Jr~ ~ (Dti Y4 ' 1a ,f~,9 P r tip;, t H v: O r y~ . a. t n f"- FPS ,i ? '•3y~+Y :1. . , i.y' • i .,:ice ~ ~ J y E ti;l~, E, Ey . F 'Ur., •.H cy4 f + i~ .1r.. i j 1 i •Il y'ST a ~ r ~ ~ ' E c t / ± ~ Vii, • W e f r O~~Ei A { 4•iM•ii i~t i~ M l ~ i ~ ~ q a 4 _ ~ ~ it r~`!• ar r d ~ , a y r~iw •,l"E ~~a4 t 1 y r 1 .~P .r~++Y a bl e1 E-:"., ~ RECEIVED i+ JUN 2 6 2013 - BOARD OF APPEALS l~ I ~d - W IF- 3 1 1S GAY ROAD SOUTHOLD SCTM:1000-90-2-4 - n C , rs 7 sue, ~ ~'S~ bz r i iLp lei r RECEIVED JUN 2 6 201 ~ t B~ARp OF APPEALS ri t~s t 11. CAI; 38 SOUTHOLD SCTM:1000-90-2-4 to - ~ 13 C R.E' R~a~dt. t3~.On ad A a .1 L RECEIVED JUN 2 6 2013 r' BOARD OF APPEALS r_ y_ ,Poor - - _ - rrr a r a ~ a;li~~ ti j r~y~ ~'K'L ~ 4~ ~ I ~ N S s-r i. E-~ J ' ~ ' J ~ 1~~.. ~ ,.q, ~ fd~ + ~ ; A _ f• ~ q'Cy ~ Ax_ i !s ~9(~.s ~ ~ y f I } 4 xa r .rF •.r~. [('/yl~ V++,~.,1 Fit. ~~L'`~~ + t4- °y,~7 d~ rF CAI; 3NO M l D W A Y ROAD SOUTHOLD ° v y S n _ 1> -E4 a Jt~ Ffti 1~ 77 Y akLd SCTM: 1000-90-2-4 A~ ~Yi tY~ ! l.: nY, 7i k l ,1 Ir' i ~'af ~f~thy T rr(+wa V: T, D JUN 26 2013 BONku ()t PPP---AL 1 111 is f: - tr'' ~ i f, •t' ~ tai i + ^•J4 A - A 1 a . w 4 ~~7'. , ~ ' Jam.; ? _ E _ f~~ ; r" ~ ter a,~. a.. 'Al; 380 MIDWAY ROAD SOUTHOLD _Vr r .T 1000-90-2 SCTM: _ INV Laserfiche WebLink • . Page 1 of 1 Southold WebNnk Reaaea Pa, Page 120 Hero Loper My WebLink Browse Search Aedronm CUelorrize Search Herne HR. A Iieaa-I Tea Mp_NUmber tMe (wr,ormtl Ovnere_Leal Neme Add- Harry. JUMdINm Nd,.) Field 2529 2 2529 1000.90: 210 Ro6em 50 Center Pool P E SwHoM General Yazd VSian[e Te,rylele 30()5 3005 1000.90 26 TRITE 580 Midaey Rd SwMdd General Yard Verlence I Board Actions ~I Ilmt 3543 0 I543 1000.9021].1 HERZ 120 CEDAR POINT RD SouNeM QulMnetl SeMeck 1 yT ¢ M97 1000-90.-b6 TRITE SBO MIDWAY RD ScuMald General Yard Variance T ,Map NunAe, - 11000-M3.-2 4574 1 4574 1000-90.-2-9.1 CHATPPA 680 MIDWAY RD SoNhold AEC OCneITMt(erxrauntl Mh4651 k 4661 1000-80.-z-12 VIOLETT 650 CEDAR POINT DR E Southold PuMheed $e,nno, O ,sLml~Name 6383 9 6383 1000.921 May 250 West Laid Cy SouNWE Wi eeed 9eMeck Adder. 646 y 605 1000.9: 2 2 Deny, S-M Ac[enory BIdP (POOlhowe, Cebenae, Ger. ~'/\\1 1 FL -B rt FLB 1000.90.-2-10 Robe. Cede, PO'rrrl Dr Eea1 SwMdE Flood Lay, Morands Xemlel _ V' 9.-A. lurieAClion J.H.danyory 11 Dale ~ ~I .mil 1. WebLink Search En1e, seartF RECEIVED JUN 2 6 2013 BOARD OF APPEALS SemeM1 Rase] Pwnr,d by LesrfiGe VRbL,11 vnen ) O S. lawrOCere ee • rpeMrM aeNmeM N LamWMnk Meneeemenl Center, ar,r To.-1 hrgp...a b'. Twm be sy. http://24.38.28.228:2040/weblink7/Search.aspx 6/7/2013 N (cyrco4M W _ ^ = a w a U- LU C11 0 o W - - - - ,a.a CO Y ww. ~ _ yW ~yR - n (y o ~ \ w E ? ' ys n IL - NECK AIT 31~, lyr~ Z&` Z. A z-,'' f-- ¢ .F('au~1'°(?.,;;Fh€t:l EYb'M owtK~4.mala ~ N4" ~l~t C.f }~u.t"4 ! i GDUH OF SUFFOLK E ° ReJPm TF.Se - e E<90~ - - a • rrr rnbt & PAULA #3005 b ua r South Side Midway Rd., Southold 7/6/82 with- Ccorrstruat add. to-existing-dwe3Ying" -reduction._.in_sideyard. 90-2 6 - - RECEIVED JUN 2 6 2013 BOARD OF APPEALS ~o5vFl=ot~~~ Southold 'own Board of A O 1 ~ab~ MAIN ROAD STATE;, ROAD 25 SOUTHOLD, L.11, N.Y. 11971 _v J~t • TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal= No. 3005(y~~ Application Dated June 14, 1982 RECEIVED TO: ' Mr, and Mrs. William E. Tuite JUN 2 6 2013 [Appellant(s)] 1777 Harvard Avenue Merrick, NY 11566 BOARD OF APPEALS At a Meeting of the Zoning Board Of Appeals held on July 8, 1982 the above appeal was considered, and the action indicated below was taken on your [ I Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning ordinance Article , Section Ind Request for Variance to the Zoning Ordinance Article III , Sections 100-31 and 100-36 [ ] Request for The public hearing on this matter was held on July 8, 1982. Upon application of WILLIAM E. AND PAULA TUITE, 1777 Harvard Avenue, Merrick, NY 11566 for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-36 for permission to construct addition to exist- ing dwelling with reduction in sideyard at the south side of Midway Road, Southold, NY; Cedar Beach Park Filed Map No, 90, Lot 113; further identified as County Tax Map Parcel No. 1000-90-2-6. The board made the following findings and determination: By this appeal, appellants seek permission to construct a small addi- tion to dwelling reducing the sideyard setback by approximately 14 feet, leaving a setback at 8.42 feet. The addition is proposed to enlarge the L. kitchen area. The premises in question contains an area of approximately c 21,500 square feet, with frontage of 99.85 feet along Midway Road and having an average depth of 216 feet. Existing on the premises are a 1;5-story, one-family private dwelling with an enclosed 7' by 13k' porch and an accessory one-story frame garage situated in the frontyard area approximately 617" from the existing dwelling structure and which leaves a sideyard setback at 717". Upon the premises westerly of the subject premises is an accessory one-story frame garage situated in their frontyard 213k" from their east side line. Under these circum stances, the board is of the opinion that the insufficient setback has z' been established and that the reasoning of appellant is practical and reasonable. In considering this appeal, the board determines that the variance r request is not substantial; that the circumstances herein are unique ands P-- practical difficulties have been shown; that by allowing the variance no ` substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3005, application of WILLIAM E. AND PAULA TUITE, requesting permission to construct addition to existing dwe ling, (CONTINUED ON PAGE TWO) DATED: August 13, 1982 CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) l Page 2 - Appeal No* 3005 • Matter of William and Paula Tuite Decision Rendered July 8, 1982 be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the east side yard setback be no closer than 816" as y requested, and 2. That the west side yard area be not reduced less than 18 fee as presently exists. CedaroBeachn Park Prperty: South Side of map No. 90, Lot 113; CountyaTax SMaphParcel Y No. 1000-90-2-6. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,'.:,•E Douglass and Sawicki. This resolution was unanimously adopted. AP_P_ROV Chairman Board of Appea t , RECEIVED AND FILED BY f THE SOUTiiOLD TOV114 CLEPX BATE F//6/~a HOUR 10,30A.'11 z wn To0 c old .Fr.' i RECEIVED ; JUN 2 6 2013 BOARD OF APPEALS - r ' r T' • 7 t f • at i 't .Q _r y Z// L0I ` MN ~ j, 3.wavy 3NVL74 /Ci 1 "v +4 ~ 1 t1u M bF ~ CC V, $ 1 CJ LD 14 09 S/d W 7 /~J cc C= 31,01 %L -C REC Pl/ 107 LU JUN 2 6 7013 cc BOARD OF APPEALS vvo~ , 7)1 V7 93A4 •THIS SUdYTYWAS PRfPAREO IN ACCORDANCE WIN IHE EXISTING CODE OF PRACTICE FOR LANO SURV,r,5 ADOPIEI LANG SURVEYORS. O VNAU7NOA/XEC ALTERAIION OR AOOITION TO 7H/S SURVEY IS A VIOLATION OF SECTION 7POS OF THE NEN' yOAR S7A1 LANB SURVEYORS INREO SEAL OR EM805S40 SEAL SHALL NOT BE CONSIDERED TO Oe A VALID IAVe COPY Cf RIIFIC FOR WHOM THE SURVEY AS PRef AREP AMP ON HIS BEHALF 70 TNETIILP COMPANY, 6VVERNMfN7AL AGENCY AND LfNO LENOINC INSTI IUTI OHS. CERTIFICA)/ONS ARE NOY TRANSFERABL E 70 400171ON.1L IHSI 17071 ONS OR SVASfOUENT OWNER. *TN* OFFSETS OR DIMENSIONS SHOWN FROM THE S74VCTURES TO THE 1R0PE47y LINOS .IRE FOR A SPECIFIC PIN7P05e i"C 710N OF FENCES, RETAINIIV 6 W4LLS,POOLS, PATIOS PL4N71N6 AREAS, 4001710H TO BVILDNE65 AMP ANY O7NE4 C 7m,-EXISTENCE OF R16N7 Of WAYS ANS Cf EASEMENTS OF RECORD, IF ANy, NO7 SHOWN ARE NO? CUARA N)Ef D. • 90 a L~i-L s//-Li4~ `R ~K~.s~r~~?{4J RECEIVED JUN 2 6 2013 BOARD OF APPEALS ;Mt Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS 41 Appeal No. 3543 ~P, Application Dated July 31, 1986 RECEIVED TO: Patricia C. Moore, Esq. JUN 2 P llant(s)I as Attorney for MR. AND MRS. PETER HERZ Main Road, Box 23 BOARD OF APPEALS Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on April 7, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2(B) [ ] Request for Application of PETER AND BARBARA HERZ for Variances to the Zoning Ordinance, Article XI, Section IOU71-1-97T-for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Hog Neck Bay, premises known as 70 Cedar Point Drive, Southold, NY; Cedar Beach Park Map, Part of Lots 152 and 110; County Tax Map Parcel No. 1000-90-02-1.3.1. WHEREAS, public hearings were held in the Matter of PETER AND BARBARA HERZ under Appl. No. 3543 on the following dates: May 21, 987 ; June 18, 1987; December 10, 1987, and March 17,.1988; 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 in the "A" Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 13.1. 2. The subject premises contains a total area of 21,450± sq. ft. with 74.0 ft. frontage along the south side of Cedar Point Drive East at Bayview, Hamlet and Town of Southold, and is referred to as Lot 110 and part of Lots 109 and 152 on the Map of "Cedar Beach Park." 3. The subject premises is vacant land and is bulkheaded along a large portion of the westerly side property line (fronting a Pond (or Midway Inlet), and along the southerly rear property line 90.50 feet along a 1987 highwater mark of Little Peconic Bay, as shown on the survey updated January 12, 1987 by Young & Young (CONTINUED ON PAGE TWO) DATED: April 29, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2'- Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 Surveyors. 4. By this application, appellants request Variances from Article XI, Section 100-119.2(B) for the construction of a new single-family dwelling structure with the following insufficient setbacks: (a) setbacks from the westerly side property line at variables from 14.6 feet at its closest point, 19.3 feet at the southwest corner, 25 feet at the northwest corner to the westerly side property line, and 23.0 feet and 25.7 feet from the rear of the dwelling to the tie line along existing southerly bulkhead, as shown on Plan I [updated January 12, 1987, and prepared by Young & Young]; OR (b) setbacks from the westerly side property line at variables from 20.0 feet at its closest point, 24.8 feet at the southwest corner, 31.5± feet at the northwest corner to the westerly side property line, and 25 feet and 27.7 feet from the rear of the dwelling to the tie line along existing southerly bulkhead, as shown on Plan II [updated June 16, 1987, prepared by Young & Young]. 5. Article XI, Section 100-119.2(B) requires all build- ings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five [75] feet from the landward edge of the tidal wetland, whichever is the greater distance. 6. The following additional information is noted for the record: (a) the applicants purchased the premises on or RECEIVED about March 29, 1982 for $85,000.00 [see deed at Liber 9163 cp 4691; JUN 26 2013 (b) the appellants applied for a building permit on or about July 10, 1986 for the construction of a newBOARD OF APPEALS single-family dwelling structure; (c) the appellants were issued a Notice of Disapproval by the Building Department also dated July 10, 1986, requiring action by the Board of Appeals under Section 100-119.2(B) of the Zoning Code and action by the Southold Town Trustees under Chapter 97; (d) on March 26, 1987, the Southold Town Board of Trustees granted conditional approval for a new dwelling [expiring March 26, 1988; see letter dated March 27, 1987 of the Town Trustees to Mrs. Patricia C. Moore]; (e) letter received June 23, 1987 from the Suffolk County Department of Health Services indicating that it seems possible "to change the configuration of the proposed dwelling and configuration of the sewage disposal system to effectuate greater distances from surface waters." (f) on October 4, 1987, the Suffolk County Department of Health Services approved construction of.the proposed sewage and water systems under references #87-SO-206; (g) extensive testimony was given in behalf of the applicants by Herbert W. Davids, Environmental Consultant concerning the limited areas to place the sewage and water systems; (h) opposition has been received and considered concerning several areas of this proposed project [see transcripts of hearings for details]. Page 3 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 7. The following information is noted having been found after personal inspection and investigation: (a) the existing dwelling contiguous to the sub- ject premises to the east is presently set back 75 feet from the bulkhead along Little Peconic Bay; (b) the existing dwellings to the east and identified as Tax Map Parcels No. 1000-90-2-9.1 and 1000-90-2-6 [now or formerly of Blair and,Tuite, res- pectively] are situated with setbacks varying between 32.50 ft. and 50 feet from the bulkhead along Little Peconic Bay; (c) the bulkhead along Little Peconic Bay along the subject premises is in very good condition; (d) the bulkhead along the northern area of the westerly side of the subject premises is in a delapidated condition; (e) the bulkhead along the southern area of the westerly side of the subject premises is in good to very good condition; (f) the area which is unbulkheaded between the northern and southern portions along the westerly side property line [of approximately 50 feet in length] and is beach area; (g) Predominant vegetation at the site is American beachgrass, which is an excellent erosion control plant and which have coarse sand or droughty soils. American beachgrass is extremely vulnerable to physical damage, and it is the understanding of this Board that these areas will be well protected and not disturbed in any manner; (h) Soil borings at the site have revealed coarse sand fill from 0-24 inches deep, silty sand fill from 24-36 inches, very fine loam and silt from 36-48 inches, and coarse sand from 48-60 inches below the surface; (i) Ground water appears to be at approximately 60 inches from the surface. (j) Midway Inlet appears to contain some filled lands at minimal heights above mean sea level. 8. This is an application for an area variance where the standard is whether strict compliance with the zoning ordinance will result in "practical difficulties." Although the Courts have not defined the term "practical difficulties," in the Case of Wachsberger v. Michaelis, 19 Misc. 2d 909, the Court said that the following matters should be considered: (1) how substantial the variance is in relation to the require- ments; (2) the effect, if the variance is allowed, of the increased population density thus produced on governmental facilities; (3) whether a substantial change will be produced in the character of the nei hborhood or substantial detriment to adjoining properties; (g4) whether the difficulty can be obviated by some method feasible for appellants to pursue other than a variance; (5) whether in view of the manner in which RECEIVED JUN 2 6 2013 BOARD OF APPEALS Page 5 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 988 CONDITIONS: 1. That the setbacks from the southerly yard area or bulkhead along Little Peconic Bay be not closer than 40 feet [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 2. That the setbacks from the westerly property line be not less than 20 feet at its closest points [inclusive of all overhangs, steps, decks, liveable floor area, etc.]; 3. That the setbacks from the easterly property line be not less than 13 feet at its closest points (or not less than 10 feet inclusive of all overhangs, steps, decks, raised walkways, and the like). 4. Principal building must comply with all other provisions of the zoning code (35 ft. height or 21-stories total, 20% maximum lot coverage, etc.) as provided by Article III. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. * * k £y~ o+~!4aI I k GERARD P. GOEHRINGER, C IffA RMAN April 29, 1988 IZ i rEIVI E .z D AND DF.Tl; a~~8b' I:' uR A/: 3o 01n, 41/1 iown CI.::;, Tu;va. cf Southold ~lOlo-/ RECEIVED JUN ~ 6 201? BOARD OF APPEALS ~~g~FFOL{~ Southold Fawn Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3697 RECEIVED Application Dated November 27, 1987 TO: Mr. and Mrs. William E. Tuite JUN 2 6 2013 [Appellant(s)] 1777 Harvard Avenue Merrick, NY 11566 BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on February 2, 1988, the above appeal was considered, and the action indicated below was taken on your ( I Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ l Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application of WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Art1c e ectlon - 19.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113, County Tax Map District 1000, Section 90, Block 2, Lot 6. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of WILLIAM AND PAULA TUITE under Appl. No. 3697; 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 known and referred to as Lot No. 113, Map of Cedar Beach Park No. 90 filed December 20, 1927 in the Suffolk County Clerk's Office, and also shown on Map No. 1, Part of Property of Edwin A. Brown at Bayview filed January 27, 1926 as No. 802. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 6, and is shown on survey prepared by Smith and Jung of December 10, 1981, to be improved with two structures: (a) single-family, li-story frame dwelling set back approximately 321 feet from the existing bulkhead, and (b) one-story accessory garage situated in the frontyard area 7'7" from the easterly side line, 122'8" feet from the front property line, and 9'7" from (CONTINUED ON PAGE TWO) DATED: February 2, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 19 8 the northerly portion of the existing dwelling. 3. By this application, appellants request permission to extend the enclosed porch 11'9" x 7'0" which is to remain in line with the rear (south) side of the dwelling and not closer than the existing 32'6" setback from the existing bulkhead along Little Peconic Bay. 4. Article XI, Section 100-119.2(8) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. For the record it is noted: (a) that Building Permit #16314Z is pending at this time for the repair and reconstruc- tion of the rear enclosed porch issued August 5, 1987; and (b) that the subject premises was the subject of a prior conditional action by this Board under Appeal No. 3005 rendered July 8, 1982 for the easterly side addition with sideyards at 8'6" at the east side and 18 feet at the west side. 6. In considering this appeal, the Board determined as follows: (a) the relief requested in relation to the established nonconforming setback is not substantial, being a reduction of seven feet landward of the existing nonconforming setback; (b) the circumstances are unique and are not personal in nature; (c) the variance as granted will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties; (d) there will not be an increase in density by the grant of this variance; (e) there is no other method feasible for appellants to pursue other than a variance since the dwelling is located within 75 feet of the bulkhead and existing prior to the adoption of Section 100-119.2(8) [enacted in 1985]; (f) the addition is landward of the closest established setback and will not further increase its nonconformity; (g) the relief requested is the minimal necessary and is not unreasonable; (h) the "practical difficulties" are sufficient to warrant a grant of this variance; (i) that in view of all the above factors, the interests RECEIVED JUN 2 6 2013 BOARD OF APPEALS Page 3 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 Of justice will best be served by granting the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appl. No. 3697 for an 11'9" x 7'0" addition as requested in the Matter of the Application of WILLIAM E. AND PAULA A. TUITE, SUBJECT TO THE FOLLOWING CONDITION. 1. That the addition remain in line with the established rear porch setback; 2. That the addition not be closer than 32'6" as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was Serge Doyen of Fishers Island.) This resolution was duly adopted. 1 k dC6V GERARD P. GOEHRINGER, CH IRMAN 'RECEIVED AND FILED BY TAE .OUT1j0LD TOVM Cag DATE /"c' f Fs' HOUR e.~ Town Cleik, Town of Southold RECEIVED JUN 2 6 2013 BOARD OF APPEALS - C°/~iY4PA~7~ff'M • ~ • ~a S~ yi D AY 19b, JmGC.7'N-a L.h ~1- ~7o ESSe,2J C~A.Cf~GG- `Yu1-K/~£Rd s~6Th9s.G' I RECEIVED f JUN 2 6 2013 BOARD OF APPEALS APPEALS BOARD MEMBERS O$1)FFO(~C aGy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road James Dinizio, Jr. ui P.O. Box 1179 Lydia A. Tortora O F R ew rk 11971 Lora S. Collins A O` 16) -9064 George Homing Ol ~a Telephone (516) 5-1809 JUN 2 6 2013 BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION 411-"'/n619/ MEETING OF JUNE 23, 1998 Appl. No. 4574 - PREM CHATPAR PARCEL 1000-90-2-9.1 STREET & LOCALITY: 680 MIDWAY ROAD, SOUTHOLD DATE OF PUBLIC HEARING: June 11, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is located along the southerly side of Midway Road, extending to the easterly end. The total land area (upland and wetland to tie lines) is 44,995.85 sq. ft. The survey, prepared by Joseph A. Ingegno is last-dated May 19, 1997, and shows the location of the existing two-story frame house and one-story frame garage (to be removed). BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: "Your application dated December 20, 1996 for permit to construct a two-story addition to an existing dwelling and an accessory garage ...is disapproved on the follow- ing grounds: the two story addition and the proposed construction of accessory garage encroaches on setback requirements of 75' to bulkheads, concrete wall, riprap or similar structure, Article XXIII, 100-239.4B." AREA VARIANCE RELIEF REQUESTED: The variances requested by applicant are: a) To construct two-story addition at the southeasterly corner of dwelling, with proposed setbacks at 39 feet and 46 feet (variables at the closest measurements) to the existing closest bulkhead; and b) To locate an accessory garage of 25.6" x 28' in size, plus extension and wooden step area of approximately 64 sq. ft., all as shown on amended sketch: the setbacks are proposed at 75 feet from the most easterly bulkhead, 52 feet from the southerly bulkhead, and 61.5 feet from the northerly property line at its closest points. (This proposal was modified by applicant as a result of the June 11, 1998 hearing and discussions. The applicant's original proposed location was 66 feet to the easterly bulkhead, 54 feet to the southerly bulkhead, and 59.5 feet to the northerly property line.) Page 2 - June 23, 1998 ' Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals E RECEIVED JUN 2 6 2013 L~ BOARD OF APPEALS Applicant, through his attorney, has indicated in this application that he is not requesting variances based upon former Notices of Disapproval issued 1/6/97 by the Building Inspector. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Applicant intends to remodel the existing house, including an addition of roughly 250 square feet to fill in the house's southeast corner, and to replace the existing garage with a new garage plus study. Applicant requires variances, as described above, from the Code's requirement that structures be set back at least 75 feet from bulkheads. On the basis of testimony present and personal inspection, the Board makes the following findings: (1) The proposed addition at the southeast corner of the house is a key element in applicant's remodeling plan. The addition is proposed to be 39 feet from the bulkhead at its closest point, whereas the southeast corner of the house at present is approximately 50 feet from the bulkhead. A setback of 39 feet is not inconsistent with setbacks on neighboring properties, and the granting of a variance allowing such a setback will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties. (2) The requested variance relating to the house addition is not substantial in view of: a) the setbacks on neighboring properties and (b) the fact that the entire rear face of the house will continue to be at least 75 feet from the southerly bulkhead on Peconic Bay. (3) The requested variances in relation to the house addition will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. (4) The existing garage is deteriorated, and the benefit of a proper garage can be obtained only by construction of a new building, the location of which is somewhat constrained by the location of the septic system (as well as by convenience). Applicant's amended plan shows the new accessory garage building set back 75 feet from Midway Inlet and 52 feet from the southerly bulkhead on the sandy beach. The existing accessory garage building is approximately 50 feet from that southerly bulkhead at its closest point. (5) The grant of the requested variance relating to the garage will not cause an undesirable change in the character of the neighborhood or a detriment to nearby properties because the setback from the southerly bulkhead changes very little from the current setback, and in fact is increased. Such a variance is not substantial. Page 3 - June 23, 1998 Appl. No. 4574: 1000-90-2-9.1 (Chatpar) Southold Town Board of Appeals (6) No regrading or filling of the land is planned. Construction of the new garage-plus-study in the location proposed in applicant's amended plan will not have an adverse effect or impact on physical or environmental conditions in the neighborhood. The Board concludes that the following actions are the minimum necessary and adequate to enable applicant to remodel the house and have a proper garage while also preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the variance relating to the house addition as applied for and, as alternative relief relating to the garage to GRANT a variance authorizing the location indicated in applicant's amended request submitted on June 12, 1998, subject to the following CONDITIONS: (1) The subject accessory building shall be used only for purposes accessory and incidental to the use of the dwelling and shall under no circumstances be used for habitation, rental, or other unauthorized purposes and in accordance with Owner-Applicant's sworn Affidavit of February 2, 1998; (2) The subject accessory building may contain one three- quarter bathroom (a toilet, sink and shower) which shall be located on the ground floor (in no event shall more than one such facility be permitted; (3) The subject accessory building shall not exceed eighteen (181) feet in height in accordance with Section 100-33 of the Zoning Code. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, AND HORN /Approved ERARD P. GOEHR GER, AIRMAN 90-2-9.1 6127/98 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEF& C~ RECEIVED DA!'TE(,I~ 'JUN 2 6 2013 Town Clerk, Town of Soutl.cld BOARD OF APPEALS - A ~ .es... wn xmx'wu man ~ J Q: a iT a 'I 431 Ul N I. x . e anus I a{~ yam, ~ ~ ~ NGH1!{AGfd aViNil~ Z, a SJ7K '81 - arixxra aaw. i -mpti 61004 Ping I cq \ _ Y. 3S~'N~$YIYal44x 9w. nvy 41 at WiE ,,66 t x ,zi M, „tlbd xS 3a ~ J . 86"• ' QI1K AeN21Al~ AlWYJ XYW to x% x~.G t x f. I v 100'00 S 69'09 3 n09~4t+.9L gE am 1I 0 G334 :fin "ii •bs S9•9661" a3dy tr, `6tn~y/a. RECEIVED ~aa ava 20% d 03sgsoad JUN 2 Std LM "N .9 t 030(N v 'dO'dd (I'MOa 466t •01 Hoavw F•~' ~"ol 43ew3td3s BOARD OF APP ~0t gm '6 Alflf ~So CdED/a,2 r7e,vE~As ~o~fT~4h 17 Z 7f ~~VS7'.P[cG_ - cgty~r-PM~,v{~~BaL kl~~`E-NC_ ,.I~EN ~ ~i°P~ b V'if'AUT LIL?E.EN.YTS EL~E,~ ~9' Fe©ti Bk4z l4 e: - ~~L99 RECEIVED JUN 2 6 2013 BOARD OF APPEALS APPEALS BOARD MEMBERS SAFF04 0~0 C~ Southold Town Hall Gerard P. Goehringer, Chairman Gyp 53095 Main Road P.O. Box 1179 James Dinizio, Jr. y at Lydia A. Tortora Southold, New York 11971 Lora S. Collins ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD~~ / FINDINGS, DELIBERATIONS AND DETERMINATION RECEIVED MEETING OF MARCH 4, 1999 Appl. No. 4661- ELLEN VIOL ETT PARCEL 1000-90-2-17 JUN 2 6 2013 STREET & LOCALITY: 650 Cedar Point Drive East, Southold, NY; DATE OF PUBLIC HEARING: February 23, 1999 BOARD OF APPEALS HNDIM25 OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is known as Lot #105 on the Map of Cedar Beach Park at Southold with a total area of approximately 27,000 sq. ft. The property has a lot width of 100.45 feet along the southerly side of Cedar Point Drive East and average depth of approximately 270 feet. The survey submitted with the application shows an existing single-family dwelling located 130+- feet from the front property line, a wooden stairway located at the top of the southerly bank, and wood bulkhead along the bottom of the bank long the beach area. BASIS OF APPEAL: The Building Inspector's February 2, 1999 Notice of Disapproval, under Article )0(III, Section 100-239.4B for the reason that the proposed inground swimmingpool with fence enclosure as located in the rear yard would be less than 75 feet from the existing bulkhead. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing placement of a 16x34 ft pod in the rear yard, with the closest edge of the pool located 35 feet from the bulkhead, 12 feet from the house, and 15 feet from the side property line. At the hearing on February 23, 1999, applicants representative stated that applicant would agree to placing the pool closer to the house. Applicant has stated that the 4-foot wide deck around the pool will be built at grade; it will therefore not figure in the setback calculations. Fencing will surround the pool area as required by New York State Building Code. Decking is proposed around the pool at grade or flush with the ground (see definitions: Patio in the Zoning Code for exemption from setback requirements). REASONS FOR BOARD ACTION, DESCRIBED BELOW: REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented and personal Inspection, the Board makes the following findings: (1) Applicant presented evidence that she has a medical need to swim regularly, and she stated that swimming in the bay below the house has become impractical. Applicant's lot Is narrow and the front portion - from the house to the road is wooded and sloping. Thus, the Page 2 - Mardi 4, 1999 Appl. #4661: 1000-90-2-17 me Southold Town Board of Appeals only practical location for a conventionally-shaped pool is in the rear yard, where it will necessarily be less than 75 feet from the bulkhead. (2) No evidence was presented to suggest that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (3) In terms of section 100-239.48, the requested variance is substantial, as it would allow a setback of 35 feet from the bulkhead rather than the required 75 feet. However, the Board notes that the house itself is only about 58 feet from the bulkhead. (4) Applicant's rear yard is well screened from the neighboring properties, and no objections to the pool have been heard from neighbors. Because of the privateness of the location, a pool located in the rear yard will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. However, the Board concludes that it is desirable to place the pool as far from the bulkhead as possible. (5) The action of the Board set forth below Is the minimum necessary and adequate to enable applicant to construct a pool 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 Member Tortora, it was RESOLVED, to DENY the variance as applied for and to GRANT ALTERNATIVELY a variance authorizing construction of a pool as described in the application, the seaward edge of which shall be located at least 39 feet from the bulkhead, subject to the following CONDITIONS: (1) any decking around the pool shall be built at grade and be no more than four (4) feet in width; and (2) the pool's drainage shall be led toward the road and not toward the Bay. VOTE OF THE BOARD: GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Member Homing of FichPrc Iclanrl wac ahcan - GERARDP.GOEHRINGER 311n/9 9.. y:3a,w CHAIRMAN jf Filed on 3/10/99 i RECEIVED - JUN 2 6 2013 - - BOARD OF APPEALS r • • ~.3~3- ~s%eizT•ttZc~ sF~--p2o~a-/,2c~_ Aff 6~3%~ ~ $/a6~o , 9~a31 ~o~ ~vY~~ll onc~ RECEIVED JUN 2 6 2013 BOARD OF APPEALS - - - - - - - - - - - - - I BOARD MEMBERS • • Southold Town Hall Leslie Kanes Weisman, Chairperson ?~tJF SU53095 Main Road • P.O. Box 1179 A~Z Southold, NY 11971-0959 James Dinizio r~t Office Location: Gerard P. Goehringer • Town Annex /F api BnGeorge Homing 54375 T oungs rvenucank Ken Schneider Southold, NY 1971 JUN 2 6 201 http://southoldtown.northfork.net ZONING BOARD OF APPEALS BOARD O APPEALS TOWN OF SOUTHOLD ~R() 3. 1 Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2010 Southold Town Clerk ZBA FILE No.: 6383 NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1 PROPERTY LOCATION: 750 West Lake Drive, (adj. to Little Peconic Bay and Dug Inlet) Southold, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 21, 2010, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Applicant's property is an 8,861 sq. ft. non-conforming waterfront parcel. The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold, NY. The northerly lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures 104.50 feet from West Lake Drive to the water's edge of Little Peconic Bay. The southerly lot line measures 89.93feet along a wooden bulkhead on Little Peconic Bay, and the westerly lot line measures 99.53 feet along a wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dec. 06, 2004, updated numerous times, with the last revision under ZBA consideration dated Sept. 21, 2010. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM# 1000-90-2-1. (adj. to Little Peconic Bay and dug Inlet) RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non-conforming parcel, with a non-conforming rear yard setback of 31 feet rather than the Code required 35 feet; and the Applicant proposes to establish a nonconforming setback from the bulkhead of 26 feet on the southern lot line I Page 2 - October 7, 2010 • • ZBA File#6383 - Moy CrM: 1000-90-2-1 adjacent to Little Peconic Bay, and another non-conforming setback from the bulkhead of 24 feet on the western lot line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake. AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side yard building entrance with a proposed distance from the Dug Inlet to the door steps at 24.3 ft., an increase of 3 ft., from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it further away from the Dug Inlet bulkhead, to a proposed minimum distance of 12 ft. from the bulkhead to the edge of the driveway, as shown on the revised site plan sheet S-I drawn by Joseph Fischetti, P.E., and dated Sept. 08, 2010. ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees. The Applicant has submitted a valid NYSDEC Permit, dated Dec. 19, 2006, and a letter from the Suffolk County Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding methods to ensure the protection of the natural environment. The Applicant has also recently submitted a landscape/grading plan, and a letter of intent to construct an access road as required under Section 280-137A[e] of the Town Code, drawn and written by Joseph Fischetti, Professional Engineer, and dated July 16, 2010. The ZBA has also received written statements and correspondence from several neighbors, including representatives of the West Lake Association, Inc., all of which were considered in the Board's deliberations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30, 2010, August 26, 2010 and Sept. 23, 2010, 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 and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed non-conforming sized parcels, with many non-conforming front yard setbacks, and setbacks from bulkheads. The Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse effects that would outweigh the benefit that the Applicant would achieve by the proposed construction. 2. Town Law &267-b(3)(b)(2), The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The small area size of this property and the fact that two lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances. 3. Town Law 6267-b(3)(h)(3), The variance relief granted herein for the distance to the bulkheads is substantial. The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot setback. The proposed 26 foot setback from the southerly bulkhead is a +65% reduction in the required setback. The variance relief granted for the 31 foot re" yard setback, is a +11% reduction, where Code requires a 35 foot setback, and is not substantial. M 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will comply with all of the conditions specified in the Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhnte mmendations made by the Suffolk County Soil and Water Conservation District. 5. Town Law 6267-b(3)(b)(5). The difficulty has not been self-created, but is attributed" 62a Uid location of the Applicant's particular parcel. B ARD OF APPEALS Page 3 -October 7, 2010 • • ZBA Filc#6383 - Moy CrM: 1000.90.2-1 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-1 drawn by Joseph Fischetti, Professional Engineer, and dated September 8, 2010. Conditions: I . The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on the site plan approved herein including: "Site fill not to exceed 350 cubic yards". 2. The Applicant will develop the required Section 280-137A[e] access to the property. 3. During the construction process, the Applicant shall use light, rubber tired construction equipment to avoid damage to the natural features of the subject property and the two as built bulkheads 4. Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until repairs are made as required. 5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation 6. The owner/applicant shall install a line of hay bales during the construction process as per best environmental management practices to protect both bulkheads on the subject property I 7. The owner applicant shall install a 4 ft. high wood split rail fence, or similar to act as a safety guardrail between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance 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 nonconforrnities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the j Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. - Vote 5 We Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. Je R C 'D ber orning by tele one, no voting rights) This Resolution & was duly adopted (4-0). 4- RECEIVED Leslie Kanes Weisman, Chairperson Approved for Filing / /a/2010 JUN 2 6 2013 .Ov5~IdTo~ ~Clerk BOARD OF APPEALS i QAT-mny #646 oZ 37_ _14_4.tt__.Stree.t .April lb, 1964. . li New York_ 13. New York Page .S.- GRANTED per-mission to erect ..private._dt?tAched__._._. garage in front yard on property S/S private tight-of-way. Cedar Beach park,. Lot-1-17 Southold, New York subject to conditions 1. That garage shall be placed on line with adjoining garages. 2. That garage be placed 8 to 10 feet from right-of-way. 3. That garage be placed at least 5 feet from easterly lot line of proerty. RECEIVED JUN 2 6 2~J13 BOARD OF APPEALS TOWN OF SOUTH,OLD, NEW YORK A()T10N OF THE ZONING BOARD OF APPEALS DATE _A ri 7..jfi, 1964 Appeal No. 646 Dated march 26, 1964 ACTION OF THE ZONING BOARD OF APPEALS OF TFIE TOWN OF SOUTIIOLD 110 George W. Smith & Sons Southold, New York Appellant at a me thig of the Zoning Board of Appeals on Thursday, April 16, 1964 the appeal was considered and the action indicated below was taken on your i Request for- variance due to lack of access to property - ( ) Request for a special exception under the Zoning Ordinance N RequesL for a varlaace to the Zoning Ordinance SPE(.)AL EXCEPTION. By resolution of the Board fit, was dctermin~d that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8.15 P.M. (E.S.T.), upon application of George W. Smith & Sons, Southold, New York, a/c Dai-Moy, 37 Mott Street, New York 13, New Yorke for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to erect a private detached garage in the front yard area. Location of propertys south side private right-of-way, Cedar Beach Park, Lot #117, Southold, New York. 2. VARIANCE.. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (b) The wardship created (is) (is not) unique and (would) (would rot) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because SEE REVERSE (c) The vaVarnee (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the predous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. 11(y &17/ ZONING BOARD OF APPEALS FORM 284 RECEIVED 62_ " JUN 2 6 2013 Barbara L. Carroza, Secretary BOARD OF APPEAtS - 1 0 After investigation and inspection the Board finds that the garage cannot be placed in the back yard area because of insufficient area in the back yard, due to the fact the house is located on the waterfront. The Board also finds that the lot is oversized. The Board finds that strict application of the ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediato vicinity of this property and in the same use district; and the variance does observe the spirit of the ordinance and will not change the character of the district . Therefore, it was RESOLVED that George W. Smith & Sons, Southold, New York, a/c Dai-Moy, 37 Mott Street, New York 13, New York, be granted permission to erect a private detached garage in the front yard area on property located south side private 'ri'ght-of=viay, Cedar Beach Park, Lot 0117, Southold, New York, subject to'the following conditions: 1. That the garage be placed on the line with the adjoining garages. 2. That the garage be placed 8 to 10 feet from the right-of-way. 3. That the garage be placed at least 5 feet from the easterly lot line of the property. APPROVED ~e / l~ l ~ 4 y a,- .Chairman Board of Appeals ~llc /T~ • ' l~ RECEIVED JUN 2 6 2013 BOARD OF APPEALS TOWN OF SOUTHOLD POOPERTY RECORD CARD OWNER STREET = VILLAGE DISTRICT SUB. LOT __1 l~ .S~xri 11 j~61r FORM OWNE E ACREAGE C. M6~anaf ci 5L I/ "6 1/I Y~ S 1140 4 \J~p S W TYPE OF BUILDING RES. 2,1Q SEAS. VL. FARM COMM. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS X00 X 300 ; 00 '00 %v~ J 0 y, z ,z ~L- YDC~ (.).~ok A2 H'n uJ 5-G u o q7~I { yv e-<`^ Jc i500 8©~O 1-11201r1o 3 v - i4a,Y - 71 0 IN z3 `-5 ~l 8 6P-* !-0 7- ABOVE/ e ~leclc ~ ~v~r~. q J-fcE)bg5 p4D4 61 4) Amy ~a 5~?! - Volue - `mot of 75 - (--Irr F nt ''r a Tillable 1 Tillable 2 11,0194 -,}jP% s- AL4c?r J Add-Tu) - c)v f~Ai Oct Tillable 3 a8 v -L DaD - nd 4-o V1PcIbnc/c1 Cs usI e--N/c, -Woodland lO z-L 12700 42 7 9- a h 0Q/ S 3() Q~il Swampland e0 Brushland OF House Plot p~c Tctol r s a: r G2 A w I ~ fa { j ! /S i N v l' J ,3 r~ ~ i3 2 s M. Bldg. o _ Foundation /Co vc Bath y Extension ~D 3 r /3 0 / ~~7 Basement / Floors Extension Ext. Walls Interior Finish s i _ Exi on Fire Place / Heat X32 = gon ZI J Porch Attic Porch Rooms lst Floor Breezeway 3L -7 Patio Rooms 2nd Floor Garage /t4l ~ Driveway O. B. ok R'~kS r ~o~ . _ 2r !n~P ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/28/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6671 CAI, Shari 162 $1500.00 JUL -2 204 Southold Town Clerk $1500.00 By _Ic_ Thank you. ELIZABETH A. NEVILLE, MMC h Gy Town Hall, 53095 Main Road TOWN CLERK o= P.O. Box 1179 C03 Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p _ .1L Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 2, 2013 RE: Zoning Appeal No. 6671 Transmitted herewith is Zoning Appeals No. 6671 of Patricia C. Moore for Shari Cali- 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, Copy of Certificate of Occupancy Nonconforming Premises No. Z17267 for Two Story - One Family Dwelling Dated September 7, 1988, Copy of Certificate of Occupancy No. Z15810 for Replacement of an Existing Deck Dated May 28, 1987, Copy of Certificate of Occupancy No. Z-22401 for Repairs to Existing One Family Dwelling Dated June 18, 1993, Copy of Certificate of Occupancy No. Z-23818 for Alteration & Two Story Addition Dated August 15, 1995, Copy of Building Permit No. 38044 Dated May 22, 2013, Copy of Building Permit No. 37844 for Accessory Two Car Garage Dated March 5, 2013, Copy of Application for Building Permit Dated April 15, 2013, Authorization Letter from Shari Cai to Patricia C. Moore to Represent her in this Matter, Notice of Disapproval from Building Department Dated May 6, 2013, Five Pages of Plans Showing Demolition, Sections & Floor Plans Dated April 15, 2013 Prepared by Mladen Bay RA, Copy of Survey Showing Existing & Proposed Construction Dated August 4, 2001 Prepared by John C. Ehlers-Land Surveyor, Copy of Survey Showing Existing Construction Dated June 21, 2013 Prepared by Peconic Surveyors, P.C., Two Copies of Survey Showing Photo Plot Plan & Distances, Eight Pages of Photos of Property, Weblink Search, Copy of Tax Map Showing Property, Three Pages of Action of the Zoning Board of Appeals No. 3005 Dated June 14, 1982, Five Pages of Action of the Zoning Board of Appeals No. 3543 Dated July 31, 1986, Three Pages of Action of the Zoning Board of Appeals No. 3697 Dated November 27, 1987, Five Pages of Findings & Determination No. 4574 Dated June 23, 1998, Three Pages of Findings & Determination No. 4661 Dated March 4, 1999, Four Pages of Findings & Determination No. 6383 Dated October 7, 2010, Three Pages of Action of the Zoning Board of Appeals No. 646 Dated April 16, 1964, Copy of Property Record Card (Both Sides). ***RECEIPT*** Date: 07/02/13 Receipt#: 154292 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6671 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#162 $1,500.00 Cai, Shari Name: Cai, Shari 380 Midway Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6671 BOARD MEMBERS 0 Southold Town Hall Leslie Kanes Weisman, Chairperson so 53095 Main Road - P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Homing e- 54375 Main Road (at Youngs Avenue) Ken Schneider COMM Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 8, 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, Southold, New York 11971-0959, on THURSDAY, AUGUST 8,2013: 1:30 P.M. - SHARI CAI #6671 - Request for Variances from Article XXII Section 280-116(B) and Article XXIII Section 280-124 and the Building Inspector's May 6, 2013 Notice of Disapproval based on an application for building permit for reconstruction and alterations to existing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard of 15 feet, 3) less than the code required minimum combined side yards of 35 feet, located at: 380 Midway Road (corner West Lake Road) (adj. to Little Peconic Bay) Southold, NY. SCTM#1000-90- 2-4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&Town. Southold. ny. us Dated: July 15, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 '.S w #11285 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 1st day of August, 2013. K Principal Clerk Sworn to before me this 1 day of 2013. LEGAL NOTICE 10:40 AM - .e REALTY, INC SOUTHOLDTOWN KAU - - Request for Variances from ZONING BOARD OF APPEALS Article XXH Section 280-116(B) and THURSDAY AUGUST 8,7013 Article XIII Section 280.56 and the PUBLIC HEARINGS Building Inspector's June 28, 2013 No- NOTICE IS HEREBY GIVEN, tice of Disapproval based. on an appli- pursuant to Section 267 of the Town cation for budding permit to construct Law and Town Code Chapter 280 decking additions to an existing com- (Zoning), Town of Southold, the fol- mercial building, at; l) less than the code CRtISTIN'A VOLINSKI lowing public hearing, will be held by required bulkhead setback of 75 feet, 2) NOTARY PUBLIC-STATE OF NEW YORK the SOUTHOLD TOWN' ZONING more than the code permitted lot cover- BOARD OF APPEALS at the Town age of 30% in the MII District, located No. 01V06105050 Hall, 53095 Main Road, P.O. Box 1179, at: 61600 Main Road (aka State Route Qualified in Suffolk County Southold, New York 11971-0959, on 25) (adj, to Budd's Pond) Southold, NY. ing, at; 1) loss than the code required FvM,cs February 28, 2016 THURSDAY AUGUST 8,2013: SCTAf41000-56-6-3.4. minimum side yard setback of 15 feet, 10:00 A.M. - NICHOLAS and 11:(iQ A.M. - SANRORD H. and 2) proposed construction will result (adj2'00 P.M. - JOHN AR g 7125/13, o- MARY NTON rCCI as - (adj. EL1Z,B@1'eTl•Lhti 7R ANN 16667 in existing accessory garage in a Iota- . from Special meeting Variance orig. from PH 6t6f13) 1lequeat. for Variance - Request for Variance from Article Lion other than the code PH 7/11113) Request for Varrian, from required rear Article XXII Code Section from Article XXHI Section 280-120 and XXII Code. Section 280-116(B) based yard, located at: 2745 Pine Nec Road based on an application for r building ding the Building Inspector's February 21, on an application.for building permit (adj. to Little Creek) Cutchogue, NY. permit and the Building Inspector's 2013 Notice of Disapproval based on an and the Building Inspector's. May 29, SCIM#1000-104-3-6 April 24, 2013--Notice of Disapproval application for build' permit for addi- 2013 Notice of Disapproval concerning 11:50 A.M. - RALPH and OATH- tim, and alterations to existing single a permit for demolition and recoustrucg ERINE CASELNOVA #6673 - Request red ~8eazebotxtmtt fora 10" 5' ruc- gWad v*- tion of beach houselcabana/deck, at; 1) for Variance from Article HI Section tore at leas than , the at; code 1) proposed required rbtdk family dwelling; leas than the code - required minimum front yard setback proposed structure at leas than the code 280-15 and the Building Inspector's May head setback ofOhai,located st. 8830 of 35 feet, located at: 770 Shipyard Lane required bulkhead setback of 75 feet, 14, 2013 Notice of Disapproval based on Peconic Bay Boulevard, (adj. to Great (comer Landon Road) Southold, NY. located at, 1165 Old Harbor Road (adj. an application forbvildingpermit for an Peconic Bay andPrivate Road) Laauel, SC1M#1000444.20 to Cutchogue Harbor) New Suffolk, NY. "as built"acceasoryin-groladswimming. NY. SCIM#1000.126.54 -1j~R'IA~-M: RALPH,tf CARBONE, SCrM#1000.117-3$.4 gook l) Np dian the code Wfuired side TB The - (adj. from PH 7/11/13) Re- 11:15 A.M. - HUGH SWITZER yard setback of 25 feet, 2) less than the t%m The or Boartb* d of orepr a en wig sIsseer , 40aeall quest for Variances from Article XXff Kkrfi - Request for Variance from Ar- code required minimum east. yard set-. d at cart hate a& kassbW - desiring be head . sell, aadlx Code Section 28(1/116; ands Article HI tide XXLI Code Section 280-105 based back of 25 feet, IocatedM` 26608 Main to submit written shsesawts Code Section 280-14. and the Building on an application for budding permit Road (aka State Route 25) Orient, NY. before the won of laclt kmin& Inspector's April 16, 2013, amended and the Building Inspector's May 20, SCIM#1000-18-3-9.11 Each hem will net am May 13, 2013. Notice of Disapproval 2013 Notice of Disapproval concern- 130 P.M. _ SHARr ter 1s - Re- designated above. 141ee are available for based on an application for building m$ a Permit to instal deer fencing, at: ^,vest for Varian= from. Article XXII review during regular bushaaess ham permit for additions and alterations to 1) Fence Iteigpt at more than the code Section 280-116(B) and Article XXI I and prior to the day of the heuesg. H a single family dwelling, at; l) less than permitted 4 feet when located in the Section 280.124 and the Building lospec- you have questions, please contact our the code required 100 foot setback from yard; located at: 3180 Mill Lane tot's May 6, 2013 Notice of Disapproval office at, (631) 765-1809, or by email: top of bluff 2) more than the code limit (adj. W Goldsmith Inlet) Pecone, NY. based on an application for building VickLTothQTown,SouthodAyas number of stories (2 with a height SCTM#30W-67-5-1 permit for reconstruction and alters- Dated: July 15, 2013 of more than the code limit of 35 eet, 11:30 AM . ROBERT K SCRIPPS [ions to existing single family dwelling, ZONING BOARD OF APPEALS f located at: East End Road, (aka Castle - Request for Variances from at; 1) less than the code required bulk- LESLIE KANES WEISMAN,CHAIR- Road) (adj. to Block Island Sound) Article =11 Section 280-124 and Ar- head setback of 75 feet, 2) less than the PERSON Fishers Island, NY SCrM#1000-1-2-5 title III Section 280-15 and the Build- code required minimum side yard of 15 BY. Vicki Toth ing Inspector's June 13, 2013 Notice of feet, 3) less than the code required mini- 54375 Main Road (Office Location) Disapproval based on an application mum combined side yards of 35 feet, lo- 53095 Main Road (Mailing(USPS) for building permit for additions and al- sated at: 380 Midway Road (corner West P.O. Box 1179 terations to existing single family dwell- Lake Road) (adj. to Little Peconic Bay) Southold, NY 11971-0959 Southold, NY. SCIM#1000-90-24 11,285-1T 8/1 1 • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CAI, SHARI #6671 MAP # 90.-2-4 VARIANCE SETBACKS REQUEST RECONSTRUCTION & ALTERATIONS DATE: THURS, AUG. 8, 2013 10030 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-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http-//southtown.northfork.net July 15, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, August 8, 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 July 22 rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing providing the returned letter to us as soon as possible; AND not later than July 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 31st: 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 August 6, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In - the - Matter of the Application - of x 41 ~ AFFIDAVIT SHARI CAI OF 61i6~ " (p~, 7' MAILING (Name of Applicant) CTM Parcel # 1000-90-2-4 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the e of July, 2013, 1 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. a_ 0 A ~ 4 Signature) ETSY PERK Sworn to before me this o day of July, 2013 (Not y Public) MARGARET C. RUTKOWSM Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, _Q 3 Ile- » CAI ~j NEIGHBOR MAILING LIST 1000-90-2-4 AUSTIN J. POWER JR ANNE R. SOWINSKI 8665 FRANCHI BLVD. SARAH HERMAN FORT MYERS FL 33919 18 SNEDECOR AVE. SCTM: 1000-90-2-5 LINDENHURST NY 11757 SCTM: 1000-90-1-26.1 PRESTON M. HARRINGTON III 256 VALLEY ROAD DAVID SCHAB MONTCLAIR NJ 07042 ARIEL KAMINER SCTM: 1000-90-2-3 256 W. 10TH STREET APT. 3D NEW YORK NY 10014 SCTM: 1000-90-1-9 JOSEPH G. MANZI JR 9 ROCKHALL LANE ROCKY POINT NY 11778 SCTM: 1000-90-2-28 RECEIPT RECEIPT RECEIPT RECEIPT 7104 2438 8090 00001805 7104 2438 8090 0000 1812 7104 2438 8090 00001829 RECEIPT 7104 2436 8090 00001838 7104 2438 8090 0000 1843 FROM: FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office Moore Law Office Moore Law Once RE. CAI ZBA HEARINGO RE: CAI ZBA HEARINGO RE: CAI ZBA HEARINGO Moore Law Once RE: CAI ZRA HEARINGO RE: CAI ZBA HEARINGO SEND TO SEND TO. SEND TO: SEND TO SEND TO: AU J J. POWER JR P ON M. HARRING III JOSEP 5 FRANCHI BLVD. ( VALLEY ROAD 9 (HALL LANE AN DAVID CKY POINT NY 117]8 RAH HERMAN A NAMINER FORT ERS FL 3391 MONTC IR NJ 0]042 Z 18 SNEDECOR AVE ^ ! ^ O [c01 Z EW V 10 NV STREET APTA C C ` LIN HUR~ST'NV 1]551 _ORK 14 00 O~ P tags cli U) ostage 046 Q) ostage ert etl Fee 30..1 46 ` (n C tl etl Fee ^ 3. D46 C14 0 ` F PoES: K CE stage Q E stage C141 00 Z y ertifietl Fee ^ 3.10 0 0.46 7 CJ ^ 0 CertHietl Fee 3 0 m 7 turn Receipt 2.5 turn Receipt 25 R R tri urn ctetl Receipt 2.55 n Vj rutum rn Fee 3.10 R trictetl J R trictetl J C) J Retum Receipt 2 5 Receipl^ 2.55 d Restricted ~1 ~ R trictetl ~ OTAL OTA $ OTA $ 6. T L O J O % STMARK OR DA+I STMARK OR D.k 'J STMARK OR T A~ POSTMARK 0 DD OOSTMARK 0 R AT~'J~~ M.OORE LAW OFFICE 4. Restrict Delivery? 3. Service Type 51020 MA OAD (ExtraF SOUTHOLDW11971 eVoYes CERTIFIED I I 2. Article Number I 7104 2438 8090 0000 1805 • '1'ry1II IF 1` /~b~~ Signs e: Received By: OP/ se sPrint CI tint) / IIII,1 IIIIIIIIII~I~IIIIIIIIIIIIIIII III I / V L 7104 2438 8090 0000 1805 C. Date of Delivery QJ ! 1. Article Addressed To: D.Addressee's Address /gem. rF Aenr.a.aweys..d AUSTIN J. POWER JR I 8665 FRANCHI BLVD• I aacentlery ptltlmsa I SWte / PPL % Flo 6~ e FORT MYERS FL 33919 dr) Delivery REtlreaa I MOORS I AW OFFICE 4. Restricted Delivery? 3. Sernce Type 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) ?Yes CERTIFIED 2. Article Number 7104 2438 6090 0000 1843 I it XA Sig ElAgent) I l e. Receivedr Ely~(?(P/easesPent or Cley) earlerty) ~II II~IIIIIIIIIIIIIIIIIIIIIII VIII I III 7104 2438 8090 0000 1843 C. ate of Delivery I 1. Article Addressed To: I D.Addressee'.Address /~OlmnmP,emadd,.,,u,.ders.nd.n DAVID SCHAB ARIEL KAMINER '-secondery-nda,vee7sulie-i-noC7Fido:'~ciee~e'rnd("cie:nyj 256 W. 10TH STREET APT. 3D NEW YORK NY 10014 l.: l I Slate 21P . A CedF , MOORE LAW OFFICE 4. Restricted Delivery? 3. Service Type 51020 MAIN ROAD (Extra Fee) Yes CE FIED I SOUTHOLD NY 11971 2. Article Number 7104 2438.89it,O&DO 1812 XSlgnature (f7Addreaaee IIIIIIIIIIIIIIIIilllllilllllllllllllllll I 0. Receive By: (P/ease Print d. y) 7104 2438 8090 0000 1812 C. Date of D 7~ \ 1. Article Addressed To: D.Addressee's Address rnom.,.mr,.,.Aem.,,u,ronys,ndej PRESTON.. M. HARRINGTON III 256 VANLEY ROAD "saoo~d::-y"nda7::~"i 3Gieini,i:7Fido~-jPisa:>c~~ICidenyj MONTCLAIR NJ 07042 I r sire 21P. a'coJe 1 o l P ' RECEIVED ZONING BOARD OF APPEALS 1I, TOWN OF SOUTHOLD: NEW YORK AUG 7 2013 ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIIBOARD OF APPEALS t OF SHARI CAI SIGN POSTING j Regarding Posting of Sign Upon Applicant's Land Identified as 1000-90-2-4 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On thay of July 2013, 1 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, AUGUST 8, 2013 a ricia C. Moore Sworn to before me this day of August 2013 BETSY A. PERKINS Notary Public, State of New York O is No. 01PE6130636 t PU CuelHied in Suffolk Counter CatmYc6bn Expires July 18,-~ i *near the entrance or driveway entrance of the property, as the area most visible to passersby. i 4. Restricted Deli ry? 3. Service Type r ` MOORE LAW OFOE 51020 MAIN R (Extra Fee) a CERTIFIED ` ""1 I SOUTHOLD NY 11971 > I 2 Article Number 7104 2438 8090 0000 1836 gn ture. (DAddre s e t! nt) I (IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I l~.gac ved By: (P Print Cleady)L 7104 438 8090 0000 1836 I rf~<1 ~ I 1. Article Add ressetl To: C to of Delivery - Z-2--D-Addressee's Address fXCM.nnIPmr Addne.Ua.ddy5.nd.A ANIft-,• SOWINSKI SARAH HERMAN al 18 SNEDECOR AVE. ~ E I - §ecZEjry AaEren*l SUlla l -Apl. l Fl.., (Plus Print Lleadyl LINDENHURST NY 11757 0 I I .~diW«y Addr... A I ............._.IP Cotle _ .Slaie ~ Z Lily A ~1q BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson. of $O(/jy0 00095 Main Road • P.O. Box 1179 h l0 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning • ,O 54375 Main Road (at Youngs Avenue) Ken Schneider 9,~COWN Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 June 28, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex - 77777 Southold, NY 11971 " JUN 82013 Re: ZBA File Ref. No. #6671 _ f Dear Mr. Terry: We have received an application for reconstruction and alterations in Southold. 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 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson* ~~OF SO3095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office P. Gcehringer y ce Location: ac Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider 44 Ulm Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 June 28, 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 #6671 Owner/Applicant: Cai, Shari Action Requested: Reconstruction & alterations - setbacks Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson f C~GtL1 ~(>Dlil_//~~l By:V- Encls. BOARD MEMBERS OF soU Southold Town Hall Leslie Kanes Weisman, Chairperson ry0 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 #t Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~~frCOU Southold, NY 11971 http://southoldtown.noithfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 August 23, 2013 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6671 - Cai Dear Ms. Moore: Transmitted for your records is a copy of the Board's August 22, 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, V Vicki Toth Encl. Cc: Building Dept. N WN OF SO UTHOLD FOLK COUNTY, NY 1000-90-02-04 SCALE: 1'=30' SEPTEMBER 4, 2012 ~o OJ , \ 7J? 4 M• o pp? / tp Iw 4y L07-11,5 \ o I 0 " RkEIVED LOT 176 Dn`ry a JUN 2 6 7013 s zN BOARD OF APPEALS r2s s ~ e z ~r 03 +r.,p rca, hOLSEFRAN£ ^7` +aa4 .'4. v rv r;d,r r .6 e2+1r / n [x'61 u."-T.c'°~. N6g'691j'W FILED II HE SUFFOLK OOUNTY CLERKCS OF "CEDAR PARCE ON DECEMBER 20. 1927 AS FILE NO. 90 !"icwo LlTpZ~p NH. Pao C'ER ON, 9Y AA IE N. . IT SUCCESSOhS AND/OR ASSIGNS AREA-26,656 SO. FT.AL E INSURAtNCE COMPANY N.Y.S. L/C. NO. 49618 TO TIE UNE A ANY ALTERATION OR ADDIAON TO THIS SURVEY 15 A VIOLA TION ECONIC SO M YORS, P. C. OF SECTION 72090E 1HE NEW YORK STATE EDUCATION LAW. -.`•dS,~_~--".,, p'c' (6J1) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SLIBDIWSION 2 ALL CERTIFICATIONS wsrlo`--' P.O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR SOU TRAVELER STREET 1_241 WHOSE SIGNATURE APPEARS HEREON. OUTNOLD, N. Y. 11971 SORVEY OF LOT II., / -SMVIVINON MAP OF GES>/4R BEACH PARK" FILED MAP # qO FILED DEG. 20,Ig27 r 5I7UATE, BAYVIEN Tom. 5ourHow REa E or..K C4MWTY, MY URY[TEp 00 JUN 2 6 !Z 13 I.!FROCK 2-4 TAX /G I • -FX - K -2-4 t ~ TIFIEO TO. ARD OF APPEALS `"4 F i I t F C~ i J4 - ry t _ ,t I Little I PecOr, j Bey nOTESi__ - f J~' • HpFANEttT AX I .na=_A - ~~h3s 5= oa .b: Ao;zES - JOHN C. EHLERS LA-NI D SURVEYOR I ~!EV IG0.9 Rt1=E3 T "KL NGVV'2' MAW STREET N V.S. I_IC. NO. SU2(P I. - ly KIVER <i2AF'H L" .X~AIE RIVFRHGAI). N.Y. I I'Ntl K,9-b285 Fx, 369-5251 REF \41p .W IkOSM -24S.pm SURVEY OF PROPERTY N AT BA YVIEW TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y. 1000-90-02-04 SCALE.• 1'=30' SEPTEMBER 4,, 2012 2013 APRIL (ELEV d JUNE 22,42013 (LOT COVERAI L O T COVERAGE Qrl HOUSE - 2193 sq.tt. 21 DECK - 796 93126656 =q8.2% o -po~PO ~j 96126656 = 3% 1p 9~J 9,d total 11.2% O N 6' C) } 4.1 \ 0 ~y k COT N~ \ 1S o~ o 10' 407 -114 RECEIVED l 407 -116 mm2 pRq~ 0 Pe ~'qcr,~ JUN 2 6 2013 BOARD OF APPEALS 2 )s J>•p o FF b' b )2a ? S11 4y)e' ~r ry .3 )).a• )),s, HOUSF~e ee ,fib. O m y dp•a )),Q.F• 7.. b A Svv 7~e, N Z W Y / )34, 44 ya PC 0YW Wq y 1 TIE °f Y •a Y ELEVATIONS REFERENCED TO N.G.V.D. '29 )V6 uyDSc ti'e 8 LOT NUMBERS REFER TO "CEDAR BEACH PARK" ~rz 11X 11' feu )*e FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE +a e ON DECEMBER 20, 1927 AS FILE NO. 90 '~~0.Vp TIE 4/At) 9 .gs. M,y K, v~NjC CERTIF -Ta--- * B,gY JNfAT !So l 4t A. IT SUCCESSORS AND/OR ASSIGNS AREA=26,656 SO. FT. FIDELPP7'Y IJA771RL TITLE INS ACE COMPANY TO TIE LINE * jj%ffIC. NO. 49618 ANY AL7ERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ECONIC SURVEYORS, P. C. OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. ;'(631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS P. 0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET [12--241 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 7,64-4' x,za, ~ osna, >}z,-oz ~>ro,~ W Ce ANT 1 z W. 8 03) I 1 nw •nry s U ~q^ ,nx, $ 3 yg ,Z e m 12 rq a 'w r ro ,a CEO O J ANT TOWN MB T D 10 W s ,xr ao B .sNcl 3 b $ z8 ri e ! 8 ?8 WEST al 23 UI(e $ M~1 y ' ryu $ M 14 6 ~ 1B - ~O m a _ B O n W. W(E + mu 20.1 1m~ i _ s xo :1 ~ ~ $ aq s B a1 ~ ^0 'w N 1 2 1.1A(„j ] me nw nV ,wi n, ' HOG NECK F D -1 VMS