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1000-90.-2-4
OFFICE LOCATION: ~~Of SO(jTyO MAILING ADDRESS: Town Hall Annex ~0 ~ P.O. Box 1179 54375 State Route 25 # l~f Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) w ~ Southold, NY 11971 Q Telephone: 631 76b-1938 ~O ~ Fax: 631766-3136 ~'~OOUNI'1,~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Teny, Principal Planner LWRP Coordinator 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 "I I" which states: II. 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 a/tT, ~ 2- Southold Town Hal BOARD MEMBERS ~pF SOUjy 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson h~~ Southold, NY 11971 A959 Eric Oantes ~ ~ nffire i ocation: Gerard P. Goehringer fn ac Town Annex /First Floor, Capital One Bank G ~O 54375 Main Road (at Youngs Avenue) George Homing ~ ~ Southold, NY 11971 Ken Schneider y~OUN('1 ~ http:!! southo]dtown .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 r ~ r,(-'; Town of Southold Town Hall Annex Southold, NY 11971 ~ ' JUN $ "tt ~ ' _ Re: ZBA File Ref, No. #6671 ~ F i J Dear Mr. Terry: We have received an application for reconstruction and alterations i outhold. A copy of the Building Inspector's Notice of Disapproval under Chapter 2 (Zoning Code), and survey map, project description form, ar attached for your refere e. Your written evaluation with recommen bons for this pro sal, as required under the Code procedures of LWRP Section 268-5 is requested w' in 30 days of receipt of this letter. Thank you. ery truly yours, Leslie K. Weisman Chairpersan By:~ ~ / i Encls. FORM NO. 3 / / NOTICE OF DISAPPROVAL / DATE: a 6, 2013 TO: Mladen Bay R.A. for Shari Cai 475 Hill Road Southold, NY 11971 Please take notice that your application dated Apri126, 2013 For permit for reconstruction and alterations to existing sin{?le family dyvellingat: Location ofproperty: 380 Midway Rd., Southold, NY County Tax Map No. 1000 -Section 90 Block 2 Lot 4 Is returned herewith and disapproved on the f dwin grounds: The ro osed construction on t s n n-confo 2 656 s . il. lot in the R-40 District is not allowed ursuant to Articl II s n 280-116 B which states "All buildin 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-conforminP 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' sin leg side yard and combined side yards with a total of 24.7' feet. Note: Town Trustee permit is also required. , 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. ' ~Uf~VEY 01= LOT iIS "SUBDIY1510N MAP OF GEDAF2 BEAGI-4 PAFZK" N PIL>`D MAP # 90 i=1LID DEG. 20,192 SIIUATE~ BAYVIEW TOWN: SOUTI-IOW W E I ..K GEAlNTY, NY i S ~ SLI2YEYED oa-oa-ol j yIFiQLIC GOIMIY TAX { "x _ ~ GERTIFFD rD• 1 ( i AS TRUJTEETIGOONALD I ~ h~y~ t. ' ~ c i ~ ~ 4 ~ t>~° t~ x . fF ~ °~~r ~6 rx....J( ! tT ' / ! 2 I _ I ~ ' j 1~;• _ ~ \ : j w ~ ~ ~ r ~ ~ , ~ s ~ ~ r~ N1 ` f ~ I ~ 7 ~4~~ ~~r~ ~ - j Little PecOnic ~ Bad 1 i • nObU~F.nT AXL'[ AR:F - 26,633 5 c ^iR G b'~ AG+TFS _ aevAr~cNS> Rtt:=R ro wvc2% JOHN C. EHLERS Le1tiiD SURVEYOR 6EASf MdIN STREW ~.l'.S. IJC.VO. Wt(R 6RnFHV 3::ALt 30 RIVF.RHliAO. N.Y. iI'Ntl i!Y-8?&4 F.c 369-N2K'1 RF.f-\.1{p wuW~RO5w1-2YY.pm N r, . 1.Jl. , - TOWN OF SOUTHOLD ' SI~FFOLK COUNTY, N. Y. 1000-90-02-04 SCALE.• 1'=30' SEPTEMBER 4, 20f2 s - _ , .:a». ~ ~PHf" ~~bo9a~9 bt ~ 'P `a !7 O ~ c? 4i ~ ; 65 O /N ~°e / ~ ~ ~ff / / J` ~ : / w~ &T N \ VK~ ~ LOT 1j3 /S/$#f I° /i ..u.. n, LOT o~ \ ~ / ~ OT ;f4 T1B 4/ ~o ~H~cr l o ~e^ ?N I lL6• J' ids. n J> °Za I,pZ s~~~~E kr ~ •o K 11pa r~ p C 7n~ l.~„~ IJ. ~ ' N6g~8 f1+w cty"Itttl ~ ne NU ERS REFER TO "CEDAR BEACH PARK" FILED I THE SUFFOLK SAUNTY CLERK'S OFFICE q~~,o o - ON DECEMBER 20, 1927 AS FILE Np. 90 '~,Se~ Lf+j. "'~"ACOM.,, T~ ~"Gn p~~hlC ~y`r. CER B ~ ~ t7h'- - ~y "~yy.,,,., IT SUCCESSORS AND/OR ASSIGNS AREA=26,6J6 SQ, FT. Fl ~li~~L1J1 ~7rCE %NSURgNCE COMPANY TO TfE LINE ~ i, ' j NY.S UC. NO. 49618 -2 ANY AL TERA PON OR ADDInON TO D115 SURVEY IS A VIOLA DON ~ ~t ~ ECONIC S YORS, P. C. of sec DON 7zosoF THE NEw roRK srArE EDUCAnorv [Aw f,';v;~~-- _-s~(631) 765-5020 FAX (637) 765-7797 EXCEPT AS PER SECnON 7209-SUBOMS/ON 2. ALC CER DFICA iIONS ` JI_,.g HEREON ARE VALID FOR TH/S MAP AND COP%ES THEREOF ONLY lF P•O. BOX 909 SAID MAP OR COPES SEAR THE lMPR£SSEO SfAL Of THE SURVEYOR 1230 TRAVELER STREET 11ff~ yy WHOSE S/GNANRf APPEARS HEREON. _ SOUIHOLD, N. Y. 11971 1~~~••`~'S _ _ ~~P~ N.Y.S.D.E.C. Trustees ~ `~~/7 ' C.O. Application IJ ~ ~ L/ ~ Flood Permit Examined , 20 D Single & Separate APR 2 6 D Storm-water Assessment Form Contact: Approved , 20_ Mail to: l'tV~~~t`-~ fiLD,. DEPT. Disapproved a/c ~ TOWN OFSOll?HOLD ~7~ HILL ~~'~j-IOLa Phone: X17 `ilo7-i, p~7 _~Z Expiration . 20_ Building Inspector APPLICATION FOR BUILDING PERMIT Date LE ~ t y' , 20 ~ 2r 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 Qccupancy. f Every bui (ding permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been.completed within } 8 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 ofthe perttiitrf6r an addition six months. Thereafter, a new permirshall 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 [ r name, ifa corporation) 47~ E~tt-t. CLC~ Soy-~~tr~ 6-;Y, tt9`I (Mailing address of applicant State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name. of owner of premises G/ l-f ~t~l G~.i (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. Y 3. Nature of work (check which applicable): New Building Addition Alteration Repair. Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units~~#Ctn~$c~r o~elling units on each #loor If garage, number of cars 5. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if an}': Front Reaz 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 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 MAYBE 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: AUNTY OF ) t2Z,6sj~~l~ ~eL.~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, )Heisthe _~~~C%G~ (Contractor, Agent, Corporate Ofticer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; r~UR~/Et' a~ LOT f I5 "5UBC7tV1510N MAF' CAF C.C+1~AFt PAK1G" N f9LE17 MPd' ~ 4d ~il~ DBG. 20d~t2`t 51TUATEr BAYVI~SN W ~ 9UFF3L.K GOIMfY, hh' / ~ i 5 1 euy ~coiw~rc ran ?I'yt~ f a~T}r~o *a - ~~s1y - ~ ~ s ~ a r ;~-poq,.¢ f , . ~1 . . ~.~~~r ow _ , f ~ 1 x ~w i ~g a~'~1. t ~s'N1}Z •w.. r ~ ~t~g, t,itt~e f ecanlc ` ~ day f 1.~,••. hxi.9 PF.SF a /ri%'d 4° IIR 6.V A[.5:f.° >°:E....:c+, acrra la ~!x ~r.» JC7HIV C'. FREERS L=~,;~!%7 SI.3RVFX~R N Y.M1YI' RAIN $TRYA~l" ~ i' t f R'. \O u;)(r} tifL4FNil.:(~k1,L~ f'' 'it RNF.kH1:M1t/. ~.Y. }I•Xrl .M'q-K!}A PU}!N-K}k'i KtJ~~Nl1•amuW}f'k11Wrf. H~4^:. -~.~_.r._ J...._.......-. i 13 sY= (eTSI'rNAU~ 11 `P9 `j ~-wat~~+g SURVEY OF PROPERTY N AT BA YVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-9CJ-02-04 ,S~CC~ILI:: 1'=30' ~ 4, sots " APR6L 24, 2013 (ELEVATIONS JUNE 21, 2013 fL T COVfJtA6 1 ~,ys~~~~` LOT COVERAGE NOOSE - 2/93 sq.{1. / ~ ~`~9~` 2/93/26656 = B.2x \ ~P DECK - 796 sq.{l. ~ 'lb Oy 796/26656 = 3x b ~J `9~ lolol ll.2x \ O N \ 4'/ k ' Q ~ e ~7 4y . y~~q COT ry >>s ~ \ o~ , o d ~o' L ~vq ~ COT >>4 OT ir6 a gym ~ o~~'~''~<r 2N 1),6.. h 3 1Jf. O F 'Z w 2 f Q' ~7.g~ ry 17.J. ~ o ~J.g• ~ J~. ~ o r 1L,0. o~Z.w w~ y f ~ ``~''~tt y ELEVATIONS REFERENCED TO N.G.V.D. '29 ~ /Wgg ~ 7{*w LOT NUMBERS REFER TO "CEDAR BEACH PARK" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE A~q,~,o ~ ON DECEMBER 20, 1927 AS FILE N0. 90 »e .9g. M.M w \ LI~L~ a~ Bu~H~ P~~ ~C CER TO.• 8,,9 y ~ l N.A. lT SUCCESSORS AND/OR ASS/GNS AREA=26,656 SQ. FT. dA~ L TITLE INS ACE COMPANY TO TfE LSE ~~s ° * ~ ~ ~ ~ Y IC. N0. 49618 ANY ALTERATION OR ADDITION TO 1HlS SURVEY IS A KOLATION ~ ,a., PECONIC SURVEYORS, P. C. OF SECTION 72090E THE NEW YORK STATE EDUCA7)Onl LAW. t ~-~-_.~u""" EXCEPT AS PER SECTION 7209-SUBD/NSIAV 2. ALL CERTIFlCA7/ONS ~ A/p 4948 (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY 1F P. O. BOX 909 SAID. MAP OR CoP/ES BEAR THE !hlPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 12-241 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 fee: $ Filed 13y: Assignment No. APPLICATION TO THE SOU'(HOLD TOWN BOARD OF APPEALS House No. 380 Street Midwav Road Hamlet Southold SCTM 1000 Section 90 Block 2 Lot(s) 4 Lot Sized 26,656 sq.ft. Zone_ RR=40 [ (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 6, 2013 BASED ON MAP dated 8-9-O1 prepared by Mladen Bay R.A Applicant(s)/Owner(s): Shari Cali Mailing Address: 380 Midwav Road, Southold Telephone: c/o Pat Moore 765-4330 Fax 765-4663 Email: pcmoore(n~mooreattvs.com NOTE: In addition to the above, please complete below it application is signed by applicanPs attorney, agent, architect, builder, cmnracf vendeq etc and name of person who agent represents: Name of Representative:_Patricia C. Moore Esq. for (X) Owner, or ( )Other: _ Agents Address: 51020 Main 12oad, Southold NY 11971 Telephone 765-4330 Fax 765-4643 Email: pcmoore(a~mooreattvs.com Plense check to specify who you wis/e correspondence to be mni/erl to,. from the above Homes: ? Applicant/Owner(s), or 8 Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3/15/13 and DENIED AN APPLICATION DATED May 6, 2013 FOR: ,:Building Permit ? Certificate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction ?Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 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: n 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 Tawn Code, Article Section ? Reversal or Other A prior appeal , X has not been made at any time with respect to this property UNDER_(P/ense be sure to research before camp/eling this question nr ca/!our office for assistance.) Name of Owner: Shari Cai ZBA File # REASONS FOR APPEAL {additions! sheets may be used wi[h preparePs sipnn[urel: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is lot number 115 in the subdivision known as Map of Cedar Beach Park Bled on December 20, 1927 as file number 90. This and surrounding homes pre-date zoning. Renovation and reconstruction on the Brst Boor of the existing dwelling and reconstruction ofsecond 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) 'fhe 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? OYes, 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 [his land: X No Yes (plense jurnlsh copy). This is the M[NIMUM 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 O IF A USE VARIANCE /S BE/NG REQUESTED, AN~EASE COMPLETE Tf/E ATTACHED USE VAR/ANCE SHEET.• (Piease be sure to consul! your attorney. / ~ Sig ure of Appellant or Authorized Agent .3 (Agent must submit written Authorization from Owner) Sworn to before me t/h iAs'7I day Jn.rr 20 tE~4~`~-tom-((,, AJ' { BETSY A. PERKINS Notary Public, State of New York. No. 01PE6130638 Qualified in Suffolk Cou Commission Exnirtac . h d„ ~ a (f 1 ~ N , , ~ - .4 fi ~ ~ g e °m°" ~ ~~~F ~ ~ ~ _bA ~ n' G ~ ~ ~ ('3s` ~CSii ~ ~ctwN ~ ~ i eyW ~ a ~r ~ ~l a ¢i \t1 w 1 ..ti ~ ~ 4,. ...a\ Oi ~ ~a cE~4 rows ~ i. o r Y .omsxn.~= r W. ~ l .vin ~ ~ ~ a ° a t 7 ~ 7 " ~ ~ w \ ^by . Q ~ OR E. .a 1 s ~ .~i ~ re ~ a. m a .s m _ ~ ar ~w m m o ~ n. j~s_ ~ x. w. ua a~ b b~ n e „ ~ w m ~ ~ ~ Y NOG __.__p_ ._q~~ NECK i 41 :+bw~ ~:lJ 9 ~ T~~/~~ wfi~ t&~Y k tR 4 H4a'~ . 31!' LVi ` Z6.F%~~' ~43~~r rx~+~.s !P ~~~J~! _ >Q *K"°'«, C.gtyM ~ }tl'!~9`~ ` COUNTY OF SUFFOLK ~ nonce Reel P~~M Tu Servi~ 4~F ~1 d" ~b '1` 5.~`'f~ ~F "5 b4 e'~~`e Kfs.N' E 11 ~ W• ~ ~cp,.~4 ~~G ~3uW..a a. R~ - ' LLT~, wrLLiAM E & PAULA #30.05 e i South Side Midway Rd., Soixtho3d 7/8/82 ~ G~construct ad8. to_oxxstinrf dweiYi:ng-w.th reducton_in_sisie_y_ard.___.__ _ i ~c~' tc..~'.~ ,.{TtC~i~!~~'_`_ _,ccrG~,..~+G~J.~ ~r/~rre~G - Southo~cI ~ou~n ..Board of Appe~j~ MAIN ROAD-'STATE: ROAD 25 SOUTHOLD, L.I., N:V. 11971 1 ~ ~ TELEPHONE 15161 765-1809 ACTION OF THE ZONING BOARD OF APPEALS S Appeal No. 3005 Application Dated June 14, 1982 , T0: Z,~., and Mrs. William E. Tuite [Appellant(s)] 1777 Harvard Avenue Merrick, NY 11566 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 ~ [ J 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 6CX1 Request for Variance to the Zoning Ordinance . Article III Sectiors 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 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~-story, one-family private dwelling with an enclosed 7' by 13~' porch and an accessory one-story frame garage situated in the frontyard area approximately 6'7" from the existing dwelling structure and which leaves a sideyard setback at 7'7". Upon the premises westerly of the subject premises is an accessory one-story frame garage situated in their frontyard 2'3~S" from their east side line. Under these circum _ ' c stances, the board is of the opinion that the insufficient setback has ~-t been established and that the reasoning of appellant is practical and reasonable. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique ands 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 welling, (CONTINUED ON PAGE TWO) DATED: August 13, 1982 CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) 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 8'6" as u requested, and 2. That the west side yard area be not reduced less than 18 fee as presently exists. , Location of Property: South Side of Midway Road, Southold, NY; ; Cedar Beach Park Filed Map No. 90, Lot 113; County Tax Map Parcel No. 1000-90-2-6. . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,,_~iE' , Douglass and Sawicki. This resolution was unanimously adopted. ; pPERO~ED Chairman Board of Appea _ t RECEIVED- AND FILED BY TF~ souTrror.~ To4~ra cr.~x DATE ~fi6~~,7 HOUR /d.'3DR. M . i wn Tot~C o 0 old ~ -ry. 3 ~ ] :~h •r}~~Si_ . a~Y r r -r ' q ~ i ~ 4 ~ ~ ~ _ J ' .yT. _ yam! :+l.ia~. WTM I?IO.I'.. 1RO~M~Y:1~' .~aN"f^I: Y13 ../."...V - :.~..u. ."y .._..4 _ .TOT ~l y o zii to i M J~; S ~ ~ N A ~f_----- - - -,1--- ~ j 3wav9: , i avvt/i 11SI~~ x. ; ! ~ W 1 ~ W ~ 1~ 47 E j . ~ ' tt' ~ o J/ ~\i I~ Q - ~I f`` ~ y ~ ..1 ' a 2 o " a ~ 0 4ox ~ 31Tn: r~~ ~ ~ tiE p oo O N ~ 1(7 v Z ' O W o~o~ d7 ~cs.~~ NTH/S SUdyCY WAS PREPARED 1N ACCUADANCE wIIN !Nf FEJSTlNG COOE OF NRAC//CE FOR LAND S4RVEYS AOOi7H LAND Su RVEYORS. • VNAV7NOA/ZE0 ALT FR A7/ON OR ADO/tION TO 7NK SVRVEY /S A V/OLATLON OF SECTION 7PO9 OF THE NEIL YOAA StA7 LAND SORYf YORS INAfO SEAL oR fMBOSSfO SfAt SNALL N07 BE CONS/DERED TO BE A VAL/D TRDE CO/Y. cf aTIFI[ FOR WNOM 7NE SORYEY /S PREPARED AND ON N!S BENAIF 70 INF 7/TL! CU MPgN?, f UVfRNMfN7AL A6FNCY AND LfMG [ENDING INST//VTlONS. CE RT(F/CATIONS AAf NOl 7RAMSfFRAOtf TO IDDIT/ONAL IN57170 )/ONS OA SVd3!@VENf OWNER. ~TNE OTfSCTS OR DIMENS/ONS SNOWH FROM 7NE STRVCTVRES Ttl THE IROPERTy L/NES ARE fOR A SPCC/FIG PVRDOSE fpEC 1/ON OF FENCES. Rf TA/H/NE NILLSI IOOLtI PAT/OS PANT/N6 AREAS, ADD/7/ON 70 BV/L DINES AHD ANY OtNfR C ~ TNf Ea/S7fNtE OF RIfNJ OT WA yS AHD LAI< fA5lMFNTS OF RECORD/ If ANyI NOT SNONN ARf N07 CVARA NTEf O• ~e 90 ~y's ~ ~~7 j / 3~r/ P ~-.36's~3 S .~~7 ~7 d ~ !'/X-a-Lx~c c.~ C1,fP~,,c 4, 6UZYJEe~ei 73 a.~ //N--~,LSC GL~..~ . , ' ~~~EF~ o ~ Southold fio~vn Board of Appeals ~ MAIN ROAD - STATE ROAD 25 SOUTNOLD, L.1., N.Y. 11971 ~?pl ~ y~ TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3543 Application Dated July 31, 1986 T0: Patricia C. Moore, Esq. [Appellant(s)) as Attorney for MR. AND MRS. PETER HERZ Main Road, Box 23 Matti tuck, 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 [ J Request for Special Exception under the Zoning Ordinance Article Section [X] Request for Variance to the Zoning Ordinance Article XI Section 100-119.2(6) [ ] Request for Application of PETER AND BARBARA HERZ for Variances to the Zoning Ordinance, Article XI, Section -1 9. for permission to locate new single-family dwelling with insufficient setbacks from existing bulk- head and from highwater areas along Midway Inlet and Nog 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(8) 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(8) 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 about March 29, 7982 for $85,000.00 [see deed at Liber 9163 cp 469]; (b) the appellants applied for a building permit on or about July 10, 1986 for the construction of a new 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(6) 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 Renderetl 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 dwe]lings 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 an d,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 sift from 36-48 inches, and coarse sand from 48-60 inches below the surface; (i) Ground water appears to be at approximate]y 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 Wachsherger 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; ~4) 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 Page 4 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 7, 1988 the difficulty arose and in consideration of the above factors, the interests of justice will be served by allowing the variance. 9. In applying the above considerations to the facts in this case, the Board finds: (a) that the variances requested are substantial in relation to the requirements as applied being variances of 66.6%, or 50 feet for the southerly yard setback along Little Peconic Bay, and of 80% at the closest point from the westerly side property line, or 60 feet; (b) that there will not be. an increase 1n population density by this variance which would cause an undue burden on available governmental facilities; (c) that the grant of this variance for alternative relief will not produce a substantial change in the character of the neighborhood or create a substantial detriment to adjoining properties; (d) there is no method available for appellants to pursue other than variance[s]; (e) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will not be served by granting the relief as applied; (f) the relief as requested is not the minimal necessary. i0. In granting "alternative relief, as further noted below, the Board finds: (a) that the variance is substantial in relation to the requirement, being a variance of 47%, or 35 feet for the southerly yard setback from the bulkhead along Little Peconic Bay, and of 80% at the closest point from the westerly side property line, or 60 feet; (b) that there will not be an increase in population density by this variance which would cause an undue burden on available governmental facili- ties; (c) that the grant of this variance for alternative relief will not produce a substantial change in the .character of the neighborhood or create a substantial detriment to adjoining properties; (d) there is no other method avail- able for appellants to pursue other than variance[s]; (e) in view of the manner in which the difficulties arose, the uniqueness of the character, soils, shape, size and location of this parcel, and in considering all the above factors, the Board finds that although the relief is not the minimal necessary, the dwelling structure, including liveable floor area, decks, carport, garage, porches, steps, raised walkways, and all other construction should be permitted within the approved building area, and the same is not unreasonable. 11. It is further noted that the relief, as alternatively granted herein, is not out of character with the immediate area and is within the average of those structures generally existing in this immediate area. 12. Also, under Appl. No. 3697 in the Matter of William and Paula Tuite for premises identified as District 1000, Section 90, Block 2, Lot 6, (to the west), a conditional variance was granted for an addition in line with existing dwelling at not closer than 32'6" from the highwater area, and rendered February 2, 1988. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to DENY the relief as requested under Appl. No. 3543; and it was further RESOLVED, to GRANT alternative relief in the Matter of the Application of PETER AND BARBARA HERZ under Appl. No. 3543 for new residential construction with the following Page 5 - Appl. No. 3543 Matter of PETER AND BARBARA HERZ Decision Rendered April 1988 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 2~-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. GERARD P. GOEHRINGER, C Ift'A RMAN April 29, 1988 DF.TE d4~Eb' I•!.~;3R Y: 3o P.m, io;vn CI;:..:, c v eI ~oethold `~~~~F~ ~ Southold ~'owr~ Board of Appeals ~1 ~ MA1N ROAD - STATE ROAD 25 SOUTMDLD. L.i., N.Y. 11971 'TELEPHONE 1518) )851809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3697 Application Dated November 27, 1987 TO: Mr. and Mrs. William E. Tuite (Appellant(s)] 1777 Harvard Avenue Merrick, NY 11566 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 [ ] 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 lOD-119.2 [ ] Request for Application of WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Arttc~~ectto~n [~-T19.2 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 1D, 1981, to be improved with two structures: (a) single-family, 1}-story frame dwelling set back approximately 32} 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 ZONINO BOARD OF APPEALS Form ZB4 (rev. 12181) Page 2 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered ebruary 2, 1988 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{B) 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 #163142 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 wi11 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(6) [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 . . Page 3 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered ebruary 2, 988 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 RE50LVED, 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 GERARD P. GOEHRINGER, C AIRMAN riECEIVED AND FILED BY THE 5OUTHOLD TOV~1 CLEc~K DATE pia I F~~ HOUR a ~ ~ S~ r~ of Southold Town Clerk, Town C°l~iY?'GR~, 5~~iy ~ ~S~ H~DtJA~ ~At„ ~Jm_1.4.'TN-OLh ~I./ =T sz~.Zo,~}/~dSAiTion(/6~X/.STin/G ~//IIC.L.I-?.U6 ~i.V~~~°ESS°_~?~ ~a.es~~G"- ~uLh'{~~f3D e~67'bA~R! c~ - co a~ p~' - APPEALS BOARD MEMBERS ~~gUff~(,~'`,O ~~O (,y Southold Town Hall Gerard P. Goehringer, Chairman c ~ 53095 Main Road James Dinizio, Jr. ~ T P.O. Box 1179 Lydia A. Tortora O ~ ~ Southold, New York 11971 Lora S. Collins y?J~ a0! ZBA Fax (516) 765-9064 George Homing ~ Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION 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 atwo-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, 100-239.48." 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: 1'000-90-2-9.1 (Chatpar) Southold Town Board of Appeals Applicant, through his attorney, has indicated in this application tha*_ 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 . , , M ~ Page 3 -June 23, 1998 ' Appl. No. 4574: 1D00-90-2-9.1 (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 ane such facility be permitted; (3) The subject accessory building shall not exceed eighteen (18') 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 '~2',.,~~ f j GERARD P. GOEHR GER, AIRMAN 90-2-9.1 'Approved 6/27/98 _i RECEIVED AND FILED BY ' THE SOUTH/OLD TOGJN CLEI[K Town Clerk, Town of :)oair:cla ~ - - '--------~6 ~.A JULY 9, f99:6 TOPO- GRAf\ ` ~ 8Q - SEPLEMBEfP 17, 1.996 -F 9r' j' MARCH 10, 1997 REVISED PROP., „ J p ~E~dpt~ADDDEp13~t S' LAN ~ ~ ~ ~ ~v,~i ~ M RROPbSE ROSH RUGOSA dKiSB BERRY `,y, ~ ~ S 3S, P%0~.7~ ,~1 ~ \ AREA 44,996.86 sq. fi. ~ YtiX \ ~ 39, F 7.033 as ` k 700:00' GEED, \ `o ~ \ \ ~'~~,OA~~ ~ 98os, ~r 60.69.' ~`~>3,rq \ S 7544'50 E ti X43' " E' ~~,100.00 Z. ~ \ \ ..w.y}~ ~ a a ' \ \ ` wit r ~ ~ t \ ' ~x , ~ ~ ~ _T a ~ ~ AY7G1'Y 1 T`~Mh 1 % ~ 'qy ~e \ tp [ 1°KOVO~IJ I-I/2 STORY. ' a-.4 - C~W.'I~ FAMN.Y LIC3kAKY/ ~ 3 eox i -4 1QA .4 ~ ~ s~ 1 4. F Y X ~ ! W~~ v ~ 14, ~ F ' FRAME 170U5E O ~ - ~ - - d ~ _ ~ ~ _ N ---__~S e i y,~ B:B. S.G~ 1b ~ FRAME ADGg/k7N / / I 3 ~.OT 112. / SnND edp~ % lii l0 ..,Q ~ , ae. ~ a d i~ X w . ~ N 65'38'48"`; ~ ~ ~ ---&7.301 N ~ - ~ 1 , 1, z--~ 6~o C'~o~,e ~7,e,vE,~As~ .~ou.T.~~1 i7 _ __~~t1S7.P[LG_i__ ~CUi.ti6Mi.VG~,}~67oL W~~~cE ~_En+c,~Osl~?E._zu«rf~,~~,pp/ j(5'GT• ~F~.tu-flQ/~~ - ~E~~ f}/°/~~ i6.b - l>'iPAxJT lJL7E.~V/rT6 /IG-'l~F.~ - APPEALS BOARD MEMBERS ~ ggFFO(X 0~0 CD Southold Town Hall Gerard P. Goehringer, Chairman ~ Gyp 53095 Main Road James Dinizio, Jr. y ~ P.O. Box 1179 Lydia A. Tortora ~ Southold, New York 11971 Lora 5. Collins -y ~ ZBA Fax (516) 765-9064 George Horning '~Ol ~ .~`>s Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTI~IOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 4, 1999 Appl. No. 4661- ELLEN VIOLETT PARCEL 1000-90-2-17 STREET & LOCALITY: 650 Cedar Point Drive East, Southold, NY; DATE OF PUBLIC HEARING: February 23, 1999 FINDINGS OFFACT PROPERTY FACTS/DESCRIPTION: The applicants 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 Amide 70QII, Sed9on 100-239.48 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 dosest 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 bo placing the pool doser 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. Fendng 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 (sue definitions: Patio in the Zoning Code for exemption from setback requirements). REASONS FOR BOARD ACTION, QESCRIBED BELOW: REASONS FOR BOARD ACTION, OESCRIBEA 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 m swim regularly, and she stated that swimming in the bay below the house has become impradical. AppllpnYs lot Is narrow and the front portlon -from the house to the road is wooded and sloping. Thus, the Page 2 -March 4, 1999 Appl. if4661: 1000.90.2-17 Southold Town Board of Appeals only practical location fnr aconventionally-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 100-239.46, 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 propertes. 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 preseMng 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 t>e 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 Horning of _-E1SGiers.Isl - .i ~ i . .a~ 4... 3 /i o ~9 9 ^ y: 3 b AM GERARD P. GOEI~iRING CHAIRMAN ___.._._~~'a.~.rF~.IjU_ ~ Filed on 3/10/99 /Y1 o y, Si rn a ,~Ij (,e~~sl',~/'t~ i~~~ Sov~rlidL~ ~ SG ay~'tc~Fs-7F2[.~' ~?6' Sov~`/h='.24~ / A1-f (~~3d1/~, $~d6~o ~ 9~a3~io~ C,crnd~ onW ,off ~ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson tid~~Of SU/JTyOlG 53095 Main Road • P.O. Boz l 179 Southold, NY 1 197 1-0959 James Dinizio ~ ~ Office location: Gerard P. Gcehringer Town Annex /First Floor, Capital One Bank George Homing ~p ~ ~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~'YCQU~y,~' Southold, NY l 1971 http://southold[own. northfork.net ZONING BOARD OF APPEALS RECElVEQ TOWN OF SOUTAOLD ~ j'1- ,r~ 3 ~ 1 Tel. (631) 765-1809 • Fax (631) 765-9064 qa~~.~'~^~ FINDINGS, DELHIERATIONS AND DETERMINATION ~~~'l - MEETING OF OCTOBER 7, 2010 Southold Town 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 properly under consideration in this application and determines that this review falls under the Type I[ 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 2l, 20(0, 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 standazds 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 Vaziances from Code Sections 280-124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated Mareh 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 REOi~ESTED: The applicant proposes to construct a new single family dwelling on this non-conforming parcel, with anon-conforming rear yard setback of 3l 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 - ~ Page 2 -October 7, 2010 ZBA Filep6383 - Moy CTM: 1000.90-2-] 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 heazing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the ?ocation 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-1 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, 201 D, 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 £nds 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 neazby 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 similaz 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 azea variance. The small azea 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 5267-b(3)(b)(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 Pear yard setback, is a +I l% reduction, where Code requires a 35 foot setback, and is not substantial. ~ 4. Town Law 5267-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 speciFed in the Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. T'he Applicant is also strongly encouraged by this Board to adhere to all recommendations made by the Suffolk County Soil and Water Conservation District. 5. Town Law 5267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the size and location of the Applicant's particular parcel. r Page 3 -October 7, 2010 ZBA Fileg63g3 - Moy CTM: 1000.90.2-1 6. Town Law &267-b. Grant of the requested relief is the minimtrm 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-B, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the vaziance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with tha last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-I drawn by Joseph Fischetti, Professional Engineer, and dated September 8, 2010. Conditions: 1. 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. S. 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 [o protect both bulkheads on the subject property 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 Cert~cate oJOccrrpancy, when issued. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Departrnent of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. , Any deviation from [he variance given such as extensions, or demolitions which are not shown on [he applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the caning code. This action does no[ authorize or condone any current or future use, setback or other feature of the subject property that may violate the 'i 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 o e Board.' Ayes: Members Weisman (Chairperson), Goehringer, Dini2io, Schneider. R C IV~fl (Me ber orning by tele one, no voting rights) This Resolution was duly adopted (4-O). ~ Leslie Kanes Weisman, Chairperson Approved for Filing / ~a /2010 ' roc?.". !r~ 'how Clerk i _ P646 oZ _..37._~1.4tt.....Sxreet .April l~, 19b4 j New York„ 13 ~ New.. York. Page .5- .GRANTED permission tQ erect pri¢ate-cltst~che~1......__. garagQ i~n fro.nt yard an propert}~ s~S.-private -i _xight-of-way.. Cedar Beach pask~. I.ot- 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 ,I right-of-way. 3. That garage be placed at least 5 feet from easterly lot line of proerty. TOWNOF SOUTHOIID, NEW YORK AOTION OF THE ZONING BOARD ~OF APPEALS DATE ~Dri 1 ._]~,fi, 1964 Appear No. 646 Dared March 26, 1964 ACTEUN Or' TH.L ZONING ~BOu1~RD OF APPEAI6 OF THE TOW.v OF $OUT~IOLD George W. Smith & Sons ~ Southold, New York Appellant at a mecth~g of the Zoning Board of Appeals on Thursday, April 16, 1964 the appeal was considered and the action indicated below was taken nn .your i ~ Request for varxattce due to lack oP access ip property ( ) Request far a special exceptioal under the Zoning Urdiaanre ' ~ I ReguesC for a variariee to thre Zoning Ordinance ` , SPECIAL EXCEPTION. 8p resolutiox) of the Board ~t.was determined that a apeciai exgeptlon ( ) be granted ( ) be denied pwrsuant to Article Section _......T.,.-... Subsection paragraph 01 the Zoning Ordfnance, 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 York, foz a variance in accordance with the Zoning Ordinance, Article I22, 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 #1i7, Southold, New York. * ~ * ~ 2. VARIANCE. By' resolution of the Board it was determine) that (a) Strlot applicatlan of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because SE8 REVERSE (b) Tne mardsl~ip created (is) (is not) unique and (would) (would not) be shared by all properties alike to the immediate vicinity of this property and in the lama use district because SEE REVERSE (c) Ths var'ance idoes) (does rat) observe the spirit of the Ordinance and (would) (would not) change the character oY the district because SEE REVERSE and therefore, iti was further determined that the requested variance ( ) be granted ( ) be dented and that the previous decisions of the Bullding Inspector ( ) be confirmed ( ) be reversed. ZO'NINO BOARD OF APPEALS FORM ZB4 t Vim'.--~~. Barbara L. Carroza, Secretary After investigation and inspection the Board finds that the garage cannot be placed in the back yard area because of insufficient area in the bac.~s yard, due to the fact the house is located on the waterfront. The Board also finds that the lot is oversized. The Soard 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 immedia"~s 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"cjlit=of=way, Cedar Beach Park, Lot #11?,.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 LO `feet from the right-of-way. 3. That the garage be placed at least 5 `teet from the easterly lot line of the property. x t aPP~avE~ ~hairman Board of Appeals °~.`Cr / , ,J - APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Shari Cali Date Prepazed: June 6, 2013 I. 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. II. 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 chanee measured from natural existing grade to first floor: (u 4-5' (existing) III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet ifnecessary) - Number of Floors and General Characteristics BEFORE Alterations: two stow 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 aarcel with stews 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 azea to be altered with yazd view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER:Shari Cali SCTM: 1000-90-2-4 A. Is the subject premises listed on the real estate market for sale? ~ Yes 8 No B. Are there any proposals to change or alter land contours? No ? Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? ves` 2) Are these areas shown on the map submitted with this application? e~- 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 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 [here 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? ves I f y e s, 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 pazcel are-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 J Authorized Signature and Date 2/05; 1 /07 TOWN OF SOUTHOLD . OFFICE OF BUILDING INSPEC'COR TOWN HALL SOUTHOLD, NEW YORK D P D A T E D CERTIFICATE OF OCCUPANCY NONCONFORhtI NG PREMISES THIS IS TO CERTIFY that the J?9 Land Pre C.O. 6- 217267 Q Building(s) Use(s) Date- September 7, 1988 located at 35 Midway Road Southold Street Hamlet shown on County tax map as District 1000, Section 9D Block 2 , Lot 4 does (not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient cotal area. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ® Land Building(s) 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 applicableprovisions 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: Properly contains a cwo scory, one family, wood framed dwelling with deck addition, Perini[ 6160072 C.0. 6215810, and with a[Cached garage; all [his situated in [he "A"Residential-AgriculCUra1 Zone with access to Midway Road. The Certificate is issued LO ALFRED J. S NARY ELLEN AMEND (owner, %$%%EfIFX;4YXYL`lEY.1127j of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE N0. 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- for 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. c 1 i ter x a.tOt-~ Bui ing Inspector FORM N0.4 TOWN OF SUUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.....,Z15810 May 28, 1987 y Date 'PHIS CERTIFIES that the buildin re lacement of existing deck w/new deck. g Location of Property ....35, , _ . _ MidwaX Road Southold House No. ~ ~ ~ ~ • ~ Street Ham/et County Tax Map No. 1000 Section .....90.....Block , ?.......Lot 4......... . Subdivision ............X ..................Filed Map No. X ....Lot No. x........ . conforms substantially to the Application for Building Permit heretofore Filed in this office dated • May.. ~ , . 1.4 ~ 7.... , pursuant to which Building Permit No. , , , 16 007 Z dated AIaY. 2.1.. 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 . ...Replacelneot. o.E.an..exl~t;tlg, degk, with, a new deck in same footprint. The certificate is issued to ................AIGt?ARD, A,., , ELL)N• HALL (owner, fe#~xxxaon of the aforesaid building. Suffolk County Department of Health Approval .................NlA..................... . UNDERWRITERS CERTIFICATE NO . ...................N/A . PLUMBERS CERTIFICATION DATED: N/A Building Inspector nsv. 1/91 ' ~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY 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-Z dated SEPTEMBER 15, 1992 was issued, end 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 EIRE 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 - ,IUPIE 10 1993 PLUMBERS CERTIFICATION DATED N/A _ Buil ing Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD 6UZLDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCDPANCY No Z-23818 Date AUGUST 15, 1995 THIS CERTIFIES that the building ADDITION fi ALTERATION Location of Property 380 MIDWAY ROAD SOUTHOLD, NEW YORK Hovee No. Street Hamlet County Tax Map No. 1000 Section 90 Hlock 2 Lot 4 Subdiv ieion 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 I provisions of the law. The occupancy for which this certificate ie issued ie ALTERATION & TWO STORY ADDITION TO EBISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ALFRED AMBND (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-359550 - AUGUST 1, 1995 PLUMBERS CERTIFICATION DATED J[IhY 7, 1995- MICHAEL DAWSON Building Inspecto Rev, 1/81 ~~Ftti~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE ~ ~ SOUTHOLD,NY ~o~ ~ ~ad~ BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES 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 8~ 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 4/26/2013 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 BUILDING DEPARTMENT ~ TOWN CLERK'S OFFICE ~ ~ SOUTHOLD, NY BUILDING PERMIT (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: 3/5/2013 Permission is hereby granted to: Cai, 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 9/4/2074. Fees: ALTERATION OF ACCESSORY BUILDINGS $580.00 CO -ACCESSORY BUILDING $50.00 Total: $630.00 Building Inspector Ti AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF $OUTHOLD WHEN TO USE THIS FORM.• The form must be completed by the applicant for any special use permit; site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 300 feet of a farm operation hicafed in agricultural district.. All applications requiring an agricultural -data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 234- m and 239-n of the Yienera~l}Municipal Zaw. l) Name of Agplicant:`~ Y l~ 1 L t ~ (~,C 2) Address of Applicant: ~ t ~ ~-O ?-t R t u ' Q,~ ~ ski ~ b ` ( ` 3) Name of Land Owner (if other than applicant) : '~H i 4) Address of band Owner:'3$b N t c~.>~# ~t'~Fl !1 g l'1) ~_c~~~-{-{, I 1 ) 5) Description of Proposed Project: 6) I;ocation ofProperty (road and tax map number):'3$'O 1-l tt~.tilAi-1 2t~4c~ SJJ.-yh,alc~ sc-1-~,•. pow- av-a-'~ 7) is the parcel within an agricultural istrict? I?No ?Yes If yes; Agricultural;District Number 8) Is this parcel actively Farmed?~INo Yes 4) Iaiame and address of any owner(s) of land within the. agricultural district containing active farm operation(s) located S00 feet of the boundary of the proposed project. (Information may be available thiough the Town Assessors Office, Town Hall location (7b5-1937) or from any public_campufer at the Town Hall ~ locations by viewing the parcel numbers on the Town of Southold Real Property Tax System: , B p. Name and Address , l - ~I 2 I, 3. i; 4r _ 5. , 6. i' (Please use back side of page if more than six property owners are identified.) The lot numbers maybe obtained; in advance, when. requested from either the ©ffice of the Planning Board at 765-1438 e ning Board of.4ppeals of 765-1809. ' Signature of Applicant Date I , Note: 1. The focal 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 of this statement. 2: Comrtienisretumed to the local board will be taken into consideration as part of the overall reviewof this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk bfthe board to the propeity 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 sucfi time meansthe application is not complete and cannot be acted upooby the board. - - Id4-09 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted b A licant or Pro ect S onsor 1. APPLIGANTfSPONSOR `J 2. PROJECT NAME Q. L t ~ C {~l 3. PROJECT LOCAYI'O'N: \"3 ~Q H` tO µ.Ct-c~ ~(~D (~(1 f MuniUpaLty S~ yam. County ~1.L~~j`l~ 4. PRECISE LOCAYION (Street address and road Intersections, prominent landmarks, etc., or provide map) S c.-C~-t L ~ - pia- z - 5. PROPOSED ACTION IS: New ~ Expansion ~ModiOCation/alteratlon 6. DESCRIBE PROJECT BRIEFLY: .~Z e r?'NS~lit.Y' /c x / / sr ~ ~rnci {(oa / ~ 7. AMOUNT OF LAN AFFECTED. Initially i acres Ultimately r .S acres 8. WILL PROPOSED ACTION COMPLY WITH EX45TING ZONING OR OYHER EXiSTfNG LAND USE RESTRICTIONS? Yes ®No If Na, describe brieBy y X.~1.1CC ~ Z~Ky y%t~Ngr~~PFS . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? / ~Residenlial ~ Industrial ~ Commercial ~ Agriculture ~ 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 Ves, list agency(s) name and permlVappmvals: Tus~~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes iQi No If Ves, list agency(s) name and permiVappravals: 12. AS A RESULT OF PROPOSED ACTION WILL FJCISTING PERMITfAPPROVAL REQUIRE MODIFICATION? Yes ® No V CER Y THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLED Appllcanusponsorriame: ~ f L Date: ~ ~3 Signature: ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT o be tom letod b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 8 NYCRR, PART 617,44 If yes, raordinate the review process and use the FULL EAF. Yec ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.64 II No, a negative declaretlon may be superseded by another Involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1, Exfadng elr qualify, surface or groundwater quality a quantlty, noise levels, existlng traffic pattam, solid waste productlon or tlisposal, potential for erosbn, drainage W noodlnp prcbbma7 Explain bdeny: C2. Aeslnadc, agricultural, archaedogkai, historic, or other natural or culluref resourcec: a wmmunity or nelghbomood charectefl Explain briefly: CJ. Vegetation or fauna, fish, sheA h a Wine apacba, alprdflcant habitats, or threaAened or endangered specles7 Explain briefly: C4. A cammunily's existing plans or goals es otflrAatly adopted, or a change M use or Intenslly or use of land or other natural resources? Explain briefly. C6. Grovrth subsequent devebpment, or related actWities dkaVy to be Induced Oy the proposetl actlon7 Explain briefly: C6. Lorg term, ahon term, cumulative, or other effects rot Identlfred M C7-C57 Explain brlafly. C7. Other Im acts Qncludin than es In use of either uaMi or t of a Ex sin bden . D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISYICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA CFJt7 II es ez lain brie Yes ~ No E. IS THERE, OR IS THERE LIKELY TO BE CONTROVERSY RELA7E0 TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If a lain: Ves ~ No PART III.OETERMWATION OF SIGNIFICANCE (Tor be completed Dy Agency) INSTRUCTIONS: For each adverse eNeGidanlMed shove, determinewhetherdis substandal.large,imponantor ottterwiseslgn~cent. Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) frrevereibility; (e) geography scope; end (f) magnitude. If nerassacy, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. It question d of part ii was checked yes, the determinalbn of significance muslevaluate the potennel impactofthe proposed action on the environmental charedtansdcs of Cte CFA. Check this box if you have Idendfled one or more po[entlatly large or elgnlflpnt adverea Impacts which MAY occur Tnen proceed direWy to the FUL FAF arrd/or prepare a positive decleretbn, Check this box If you nave determinetl, based on the Informalfon end analysts aDOVe and any supporting documentation, that the proposed actlo WILL NOT result In any aignifwant adverse environmental Impacts AND provWe, on attachments as necessary, the reasons supponirp till determinallon. Name of Leatl Agency Date nt or ype ama o aspons a tern ea ncy Tltlo of Responsible Officer gna ure o esporni a scar n ea gang gna re o reparer ( Bran nom respons a o r Shari Cai 380 Midway Road Southold NY 11971 May 21, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: I, Shari Cai, as ownes of property located on 380 Midway Road, Southold, New York (sctm: 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,/~ ~-L~~l' S ari Cai 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 Dart of Town officers and emplovees 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 necessarv 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 the other person or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Othe2', name the activity: Change of Zone Approval of Plat - Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which [he 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 [he 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 [he relationship in [he 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 anon-corporate entity (when the applicant ie not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP a YL" Submitted this -2 /day of ~ ~ ~3 Signature: Sha ' atricia C. Moore LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certitied 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.no~thfork.net), the Board of Trustees Office, the Planning Depa~4ment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-90-Z-4 OWNER: Shari Cali 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 L 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 Midwav Road, Southold Site acreage: 26,656 sq.ft. Present land use: single family dwelling Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Shari Cali (b) Mailing Address: 380 Midway Road, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY 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 existine saaces retaining foundation and existing house Policy 2. Protect and preserve historic and azchaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Mao 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 aroposed house will be in keeping with the surrounding homes Drainage will be provided which prevents non-point source pollution prevents floodinE and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion Bulkhead and,~tvs protect property from floodine or 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 buildine 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 adversely imaact 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 fII -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not develoRed for aPriculture . Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. 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SEE CONSTRUCTION O PLANS FOR ADDITIONAL INFORMATION. ~ f O b1 I I x~, •5 aa~ - 0 ~ ~ UNE Of NIgiKN ~ VY ~ 9ELVN 6 R ~ r 1.. ~ 6WNMMIX WµL ~ k ~ ,_l Q T i 5 EIS N1iX p 1 ] vENI I iEP EO R PWf RiOLE v[Ni ~ Q ~ ~I I ~I ~H$ECE SGVEEx i RO SUVXrzi ~OZ EC ]0' EMSi, vnxLOw XCpF SXINGLF9 i0 m O I ~ SDnz REUSeo u a ExtsnLw z =o - cm. wlrvDan ~ wins ERULEO l r!o 4- O REYYX ILI• I Pl CLD'SEISN~ ~ ~ p N E%I3t. ~i fdlNLwnOX IB \ CWi RLp 6 `xEw ~SFI. 141 SN w1iM aL[ss ~ _ ~ ~ P INigNEp R I e wrwm FOUNDATION PLAN I ~ i Scale: 1/4"=1'-0" 1 Ie ~mE ~o EYIT. r I SiYR ON. 2~0- p m Pw1CN SILL Ix ws AVU PO O BED ROOM O f cX EYISnxG DMP Ro{o{ a ~ } wr SNE6X6K5 o I Z EN KING I R. I a' q~ ao I Q .1 l-3 IL~ ox aDPE ~ sawn /3,0. Y 3'D' p O ~ S ~EO.~ uwEa I ~ Se'soE r ~ ~ GN5- I ° O wRYRf' r'~ (n ~ nuLN ~ ~xmw~ s"D'"E* T RE RACE _ REasso ~ ~ Exlslrw rLODR m eE EXIST aulu w LEVEL miry ~ ~ _ DECi s - oRlgNU xousE ~ I ~ B_R. - aVYIO RY BvER urv x 4i /q LE SEF _ X xoi • DWL. e 0. SXFLYESL RI 0 9rY36I' 3.-i. SULfRS 10 -0' - _ _ - III 6 ~ p 25 p y Y4 J i5T FLOOR PARTIAL PLAN 2ND FLOOR PARTIAL PLAN Z Scale: 1 /4"=1'-0" Scale: 1 /4 . ~'-0" J a LEGEND o o EXISnNL iD REUUN ® NEw WKL ASSEMBLY ~ 3FR SNDS mM GYP. 00. Cx BMrv SCE$ U C - - _ EFISnHG wYLS CsBiNSlE9 k [i}NREB iD BE REV02a NEw EYlER10R WµL w59EUBlY Cr NEW CXgSF W4L PSSEUOLY E%B SiU05 MIM f LN. 00. ON Ix51Cf 6' ~ ® ]YS SiVOS vniX f" GK. 00 OX OHE 510E PMFP WLRFO fI0ER646S IN6U4l1oN + PlY N MD. 91EP1XME FFLi Pa PEP Yq VIXYL $IgXL ~ Z ® xEw wKL ASeEUOLx OX ER2RgR yoE ~ 3MJ SiI(OS MIX 3" 41P. 00. Gx BDIx SIDES ® Itw' _ _ ~ U ou •nOrxxw9W ~ iuL VRGI M MuOp~ vRZ, v4i ruR w+L SCK n. ~ wL IYCTax] oanxv xuuZa _ M6U x~ nIUCI r I Nore ~ ~-E%SnNC a, xwx Foa r~nortlaNAL _ „nmxc FRAMING wEORMAnoN a - ousE SEE OETmLS No. 1&] ¢ g iE%rsnNC _ O DWG No. a pzr ousE r=~ - - ~ rc RIDSE vfxr ° ROOFING 1p ICH ~ ~ ~ iR~E ~M Jp EngwD NWEE ~ - " - C+ 6 w T Z kERSx*f. sonr - - ~ 3 ~ 3 ~ ~ F.scu~ - ~vERS..rtx soFrt R rxscU ~ '~as+s eERZ ouawG ~nv0 xEw 1 ucN{ , (n z%e xExmER _ rv.L sIDIxG To newcvss MOR h n sonic *a wrcx T ~vmmL slaw {a wxN ~ wTa E%Irnxc EM%5~'xxa mxoo« TG - - _ - ~ ~E.isilNC rwsE xoT[ ~ E%mlxc NousE _ p F~y~ *'D" _ n z%x Ruuxc a wsrs MUY ~ Vf EXR RNLING k PDSR 3-IC' NIGN Ix1pRy%{yry 3'-~0' WGX ~ _ SEE OCTNL Xo VRi10 6 FC04~0 BE SEIi uo a owG.' suPPDRr,¢, fn w/ PL nes .WD PF x%R Po53. CfC%WL _ wlegNL i0 pE XLFLICO Dr _ - OwrvER n m i i- Rn sve -uNE of FDU+w*rox wML, xND o mxR I / CWnxD eE.uvo ~ A~ SECTION Lso°I'L1°""ED e`FDUxwrlox wui. K / ~ SECTION k e%ta FaD{5G Z / Scale: 1/4"=1'-O" ( B rn2e DNpsmReED } \ Scale: t/a"-t' 0" eaL IT+R) Q p ~ BUILDING SECTION 3 ~ 0 0 Scale: i/4'=1' O" b ~ ~ z of O k ~ EW ROOf tp wTCx ~ e NOTE: ~ ~ ~ 4WG BLGxO ERiCxED ~ RIDLE `/fM fOR ADDITIONAL NNGLES ixro CnGrINC ~ FRAMING INFORMATION SEE DETAILS No. - J i--~ 4.5k6 0 DwC. No. 4 _ r~ ~I sulo.R ! L uxE of ~x~`rlcs - ~'"E aF EnsnNc ? ' ~pNE OE i'. f CW. 1. Gro.~ wiIERS O WSE ie' oc. I - _ o LNE aF uxf or I z~~ ~ rtooRR~i'uD sn / iNE OE r {EflNCC r 3N0 N it INpwR ~ ^ DEtx `0 j RWR IC OG- w'RN TLE Flx ex w z%e NTr.LCnm ro 'n ? ~ i ° LINE Of I 360 O Wx~3 w/ ) i _ 0.G. r0 1' L W. OC. ~6E _ y w4IGX -LNE YE%RIWG ps^ W. 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SNExinINL ~ ~ p2 ix 6 ~CL%ry4 wS E 51. rypuSF'INIU Rp $XIFID ~ - I P.NER BK%ED B RCOV aED io [ ~ 1 E I xp~USE x ~ ] p"°IDE 4i ~ Y ~ rl¢RLW O i i P[RWflLR 6p p3- ISP14LLnL SYPPORf JpISiS _ P ~ Irwunox _ ~ nW O xxtcx Exanxc ' Z _ 4 xPER ' I Ww E s~~PLUMBiNG RISER DIAGRAM ` ~ xc~ m TERRACE SECTION DETAIL ~ 'vi: nn-ROOF o ~ ) Scale: 1 1/2"=t'-0" ~O'~"~.) xwuwux Dmv ~ O LD6E 4t WL ti r a„ SIDES a Roor ~ o ~ m O n7 N vLRSOrEx ILILN f' fINISXLO a rI5[N X P 0p. QIUW rtn MJdxIxL (31 3%fiv nENFR I CflLmp MP,) (PT') 3 6 RLLrRWI~ I prualPl`.c waLr 3' vL. wppD we rLODR i i fR rci Pxp wti' D.x rLDOa tD w*u. wO. snufnxw. I .rta sNIELO r4au rew RaOR rxrsxfp ~ rf * 4vER m 2ND FL. AT MASRER BATH SECTION DETAIL 3 0' Wa <r wsN wm E%ISi xL RpoeT nxn splxc (m) I,' 5 - I PEn NfSe ScDle: 1 t/Y=1 -0" eRC OECmwc xLw xuN pmv A i E NLLE$ !p / LpLE 41 KC u{1CN E%TmL SMS Of Rpp[ ( p,) ]%B .IMSIS ~ fR St [IDOR Nlp RDDR ' 3 RMEaS • v x' IUr $NB r1YMmG i0 RCxNN pRDVYF 3[fi wI1L fauuNL 6 o D (m.) 3~.' _ 1, .roE ~ °fl°0E lmwLD vuos wA• sue ~ 0 16' o.c.. f• Rr CGxi IgV3 RCOR OND [xSN RDOR IE wD. $XUINIHL, Rai Lp ILIXL ~ Sprpt VCNi WIrH ~ $ELFCrfO Br WNFIf [IxSN NL~PxPER k ~ ~ L s ~ ~ I EL 0'-0" E¢vxncx iD w rn aRCwa ~ vDlw (m,) NSFCI SCREEN MDVSE - c ep. ~ ~ SXEp RVSN i DJWxING JM' NI6..rU CC NG ~ (5„MFl1 B rASLu i P,) I ! ENiAitINL FWMyTOx (31 1 %a ~ ~ ` _ _ B' GD KMiE KL LD RCWJX M)BDEx IirP.) --y. fW xp4iNm w4LL I' R4i SIaB GVDE '6 .ERIIGU Nws nr EL 0' D' ~A ROOP DETAIL ~ FRONT ENTRANCE w' o,c a (x I, woR¢oxm AR j.RS ~j~ B ~ - cpxprecrf 1 ScDle: t 1/Z"=t'-0' nfi' ovmws. u. ii ° weE nfp mcnXEe ~ mp°w soR ~ - ) 6~ TYPICAL SECTION DETAIL ~ o ~~1 FOUNDATION DETAIL ~ FRONT EENTRP.NCE ~ 4 Scale: r 1/2"-1' 0' ours 5 r„rwmery ® ~SmNEEI uEl4 r a v xma ~ / rp MICR p T ° Irv UTATIGN ~ le' oc.~O a - aRR a® ° ~~i°.i ~i vow ~iP _ ~~~~`yuP5px 55P 0~0 wvxP ~r e° Elew Pm grtlu s os lollart ~ OP I[oWL `y ~ ZO wrtwerw unms.o xe wpM ~R U]9 wNC[FS XOr p inJ - LVSOx SIRpa 5p1N srnO x~f M O E' C. Y ROOF RIDGE STUD TO TOP ROOF DIAPHRAGM j m PLATE TIE PERIMETER DETAIL UPLIFT STRAPS ° ( i ~ w4L srw PPprxL m ppp a spa Rppi o Eourvonnorv NOics ~ } Z n m ~mx. m r° w .r...... mL a.xp al xrtue le .wr>aM r. P`mu sxMY° x iw.y r. f-V Pc me.uim o.f rvr mr.m r ru reye u rn pEW a ~ le ..w x.m. R.xxwe ° Imx m.. m ..wqm m..r,m. m wxu snip ~ ~ m m4axc rllu O al m ..m.. R.. m ..aoP w.n.um.. xpLNi ~ _ BLCC%ING ! H GRMIING NOTES - (J) -6' LONL. J p ~ EVENLY SPKFp YM6 ~ O rlx~mq °Vr. a+ rwrrom a n v..rt .nmryu. m.en er ]ms t xp xxu [w« rtr Imnp - MEr4 LO4 x4L BWRJ ~ ~ SIR,epgryp M SPMEP u L LI u r m.rw ru.a s nrury w .wnw m .wnu rs r o.ya rv Ir. N]) 3z~ a [1~O Q: SCE 1.W5 al rts.. ..Y waw. nrw. m m wm w ~e' oc..w xry a e-o' .m. o L..w n.m vm E'bVP prFR Wy1 NOTE: el~w e..ne r rw.. u x. lL) as rm... frl ew m evr an I.P wu .em+ u e of nn.... IM") J Ru0 WuruL XpPxFn ' ' 1ERSECMXS _ aRF 4MiW rns w.o alx ~q .p re (a1P wUlr u~rm~.Wim ue~ml'e'u ~sel •r xu.P. sa ax~zi mtiwn arr em ee. e ~RRx..: rm: `"'w `"m' m"om" q bm L x. STUD TO STUD WALL ASSEMBLY m`°"°"`°'""°"'.°"'°°'°mq =w,a`",rr.,..~.."";,Y..,;.n"der... ,,.m,. ,,.w, ,_ww..m AT BAND BEAM INTERSECTIONS n N,ge g rr°. m v. I.e w: n ..Nm.m...,.m .u N.m m..>.... r. rg.-r......, r, q m ur q. n nuwm Mn°awv.u rmeys,ns.. vmrm~ s wrs u upema .x. rm... nux. PHEP SRL BGRIxL s .m. en. s .n _ POST SruPSW PIAIE ~ _ r~M mas~sa xnwr ura • °f°n Weu. m ur.. ec n.omen w vaw. Hewn. NpU) W~ R(qE SYSTEM M LOPxER P[5R IOP UxC Cf CONLPEiE .n w. w s.mesy... imrrrswv/ n~rq eem wn. w e-o .w u..w weu a wv. da EOWL) {pUNWTOH PFBw ~'RI]' nxCNM SruPSpx L55P urCxOP BOLT RML O ~ -O' O.L. O r ' pP EaP4' CORNER POST SILL PLATE STUD TO SILL z HOLD DOWN ANCHOR BOLT PLATE TIE 1' N Q U G tt ~ U w w ~ N~ .p5 m,. s _ z TOWN OF 50UTHOLD PhOPERTY RECORD CARD ,~=~a OWNER STREET ~ VILLAGE DISTRICT SUB. LOT r..,.. FORM OWNE ~ E ACREAGE C. McJ4nal u~ ~ i 1~//~~'c<<<:yc I-~c~f~ S W TYPE OF BUILDING r L` ~ lax y RES. SEAS. VL. FARM COMM. IND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS _ /00 X 30U / 3-YDC~ ? /~i~ CIS - I rF~ K - _~i~ Z ~-moo 7000 z3 q3 ~l 0 Z re' lace. deck tc.'c" " r7 ~n ~Or'7 ~ , l~, ABOVE R -1-1695 A4D4 ~~~a~~l~ flm~n> ~ Valued ~ - 7{O~o~C~"1J - ~ . h:.~' E~ ~ ; . o ~p,~\t'~"~~/~~, ~ 7 L~/~~ Tillable 1 ~;«`r i rr-" ~ir'? f; ~ :a i - - Tillable 2 _ _ ' oZ - ~ L~E?~ ~1- . c~ 7 ~y~ o Tillable 3 ~ ' ` a~& v - L Day - -{-o Val ~l~an~ cis ~t~cc-~/~c, Weodlond I _ ,o z-L iz7~0 y 9- a ~a C'ap' $ 1,3~~ OCc Swampland i3rushland House Plot Tctal .s ~ ~ -a i ~ ~~j+.~1/ r' r ' 1 L 11 r 'V 5 ~ r ,z cEOAR ao''~--iNr w ~ m 1 ~ 9 ~ d t d 5 • \ d my e wn p 'x CEDAR POINT ° W. ~ <Q ~ ~~cwv.° a 8 8 ~ ~ ~ ".W 1~T1 vn g ~ ° ~ 1 14 ~q~ H M~ Od M tnl {.:~{t~ 1N t yyES7 M, ~i y ° O tS ro (A~ M 1.°I~1 IJ,J y b 36 ~.~p 18 tim M 1m1 ; td .r. ~ m.~ Y a _ ° ~ ° 12 ~ ~ ~ ~ , ~ f I Y~ Y2 D N ~ w I m° .vq w na rvn ___.~J I ~ NECK HOG ~ ~ R,~ ?°"r My~wM E w+"°~~ i - E. _ ~ I i I I Id ~ 11 i3 N v l ' '~i P '1 r 3 5 cib/ n P ,3 ;3 a 3 ~ ~ ~ ~ ~ 3 M. Bldg. ~ ~ ~ E 7 43 0 - Foundation I Cho .vc Both y Extension /D 3: X30 /eo`~ ~ Basement Floors Extension Ext. Walls j~ by-rw~-t Interior Finish S - ~ is ~ Extension ~ ~3'` S° Fire Place Heot , ~e~-1e K _ '~pp a ~ Porch y ~-/Z, Attic Porch Rooms lst Floor Breezeway ~ t _ ~ SL ~ , '3'~ S Patio Rooms 2nd Floor Gora a ~ g ~ ~ Gi~u-c,c~.c,, Driveway O. B. ~ o R_ F!+A~.i v