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HomeMy WebLinkAbout1000-117.-3-8.4 L____ OFFICE LOCATION: o~~OF SO(/j~0 MAILING ADDRESS: Town Hall Annex ~ P.O. Box 1179 54375 State Route 25 l~ J~ Southold, NY 11971 {cor. Main Rd. & Youngs Ave.) u+ Q Telephone: 831 786-1938 Southold, NY 11971 • ~O Fax: 831 765-3136 ~y~OUNT(,~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of App From: Mark Terry, Principal Planner LWRP Coordinator Date: August 5, 2013 Re: Coastal Consistency Review for ZBA File SANFORD H. and ELIZABETH M. FRIEMANN #6887 SCTM#1000-117-3-8.4 Note: In 1994 a "Grandfathered" Wetland Permit (4318E) was issued for a beach house (unspecified dimensions in the permit) by the Southold Town Board of Trustees. An Emergency Permit for the beach house was issued on March 27, 2013. SANFORD H. and ELIZABETH M. FRIEMANN #6667 -Request for Variance from Article XXII Code I'~ Section 280-116(B) based on an application for building permit and the Building Inspector's May 29, 2013 Notice of Disapproval concerning a permit for demolition and reconstruction of beach house/cabana/deck, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 1165 Old Harbor Road (adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117- 3-8.4 A site inspection was conducted on June 26, 2073. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP policy and therefore INCONSISTENT with the LWRP: Policy 4.1. °Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specirically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 2. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. The beach house was severe{y damaged during Tropical Storm Sandy due to the location of the beach house in a vulnerable area. Site inspection revealed that the beach house suffered a total loss as a result of Tropical Storm Sandv. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas maybe warranted fora a. structures which functionally require a location on the coast or in coastal waters. The beach house does not functionally require a location on the coast and is not water dependent. 5. Manage development in floodp/ains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structura/ flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. A portion of the beach house is located within the VE FEMA flood zone (Figure 11. Flood zones should be added to the Survey of Property dated October 23. 2007 to accurately determine the area of structure that encroaches into this zone. The bluff/bank natural protective feature is also not identified on the plan. These features must be added to the plan to accurately assess the action to vulnerable fea urea. Accessory structures located within these areas have the potential to suffer high. repetitive loss and pose hazards to life and property during storm sume events The beach house structure was heavily damaged as a result of Tropical Storm Sandy. 'i Figure 1. Subject parcel showing beach house and location of the VE flood zone. It is recommended thatthe beach house be relocated to outside of the VE FEMA flood zone._ Once the top of bluff is identified. it is recommended that the Board assess if the beach house could be located to landward of the tog of bluff to further this oolicv. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney i BOARD MEMBERS Southold Town Ha ~OF SO(/j~, 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson ~ O ti~ l0 Southold, NY 11971-0959 Eric Dantes # ~t Office Location: Gerard P. Goehringer ac Town Annex /First Floor, Capital One Bank George Horning ~ i~ 54375 Main Road (at Youngs Avenue) Ken Schneider \ l~C~~~ Sout old,)~~ 1 ~ http:/ outholdtown.northfork.ne[ ~VG BOARD OF APP AL~~~vvv dWr( OF SOUT D ~~1'el. 6 ) 765-1809 • F (631) 765-9064 June 9, 2013 Mark Terry, Principal Planner LWRP Coordinator ~~1~ ~ ~ ~ D ~I Planning Board Office ~ - Town of Southold ; Town Hall Annex JUN 19 2013 Southold, NY 11971 - _ ~ Re: ZBA File Re . No. iemann #6667 Dear Mr. Terry: G We have received an application for demolition and re-construction in New Suffolk. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-SD is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By:Q~~ Encls. a~wucau^naawruraaartu ___.--'xre.'... - vnxaawlaxlau.a°a1,K as A acrac, - v~morvalw°1m,¢^axcr. P .a 1°°° PROPERTY IMP a,a6VYx WR.Ya.al~ ZBfr ~~~'J N ? • 1MTCH ____I1KE ° soa pc~NO. i . 1 sE SEC.NO. nosola ° a, 1 Y ,.,Nq i ,.aYcl RD. i a ~ , 13 4, q aiK°1 i O LM } a 3 ~ u n, S s ° • sM 4 s °n ~ © ~ ~ u s as 1.Wa1 n., .,'I . +.u ,o ,z, , : CUTCHOGUE K 1 s y4, ~ a,2 ~ HARBOR ]t ,pNal °0I ? 41 ~`O.i ~ r.. „ p +~a'~ ~ iii - 3 ~ „ >o wy ° t ° n 9r. ~ 3AHa1 tt a ' 6 7 ? ~ a ]D + 1 ~ 1° ]Z 9r ,n, ~ °°I °t 4 tl. D a ° a ss. + +Aetal 1 w +o + ®~+yyA a I ~ la KS !t2 S+. Z 8L ~ /,OM~M xl ma m2 rs y + w •°+al1p1O x an ~ n xa I a +t 2+ ~ ~ q I 16 ~ w ~ 19Na1N ri 9°H°1 O N ~ ~ LL tY a a 91. 912 ,]Nal ,1A b +1 t•28 °0 1axl,ai ;i 1•., 9 10. W.^aa ~ ..`I.,. ,JA P.D. ~ w . ,Lt y, a ? ue _p 16 3 F.D. ~ N ICwY.~ . 9AY ~C~~ N W S C K rwwa •01111101L SECTION NO nonce COUNTY OF SUFFOLK Q '"'^r'"'^~µ1FRNI^"I'^'+~^ Reai Property Tax Service Agenq v - mrewrta^a.w.vwrax arr< „ vaa YIfd11GJ1^n^LMYV6.IIMal,ea ~u Rw.wA.RY„9a, M 117 SURVEY OF PROPERTY 51TUf+~TE: NEW SUFFOLK N TOWN OF SOUTHOLD ~ ~ SUFFOLK COUNTY, NY Q„a w E na ~ e-i-- - W or SURVEYED SEPT. 12. 2001 ~ ~Qron ~Oehle~~'~ oF. PROP. POOL OCT. 22, 2001, S OCT. 23, 200 \ ~ ~ - S66o3~ SUFFOLK COUNTY TAX ~5 p ~ ~ ' N~ _26= 1000 - I I"I - 3 - 8.4 ~ _ ~~~D 1O ~ 'L ~poT~V~1 , , N 1 ~ M 424 I ~ry ,p SANPORD H. FRIffiNANN ~ , ffi.IIABS'CH M. PRII~ANN ~ M I I I I ~ ~ ~ ~ ~ X99 ~ I i 1, Z2q of '°2~' I l J ~~903 2 o~ o~z ~ o m i , i J m ,v i / 49.5' Q~~lk ~O ry ~ ~ i ' ~ / ~ ' I~ 15.8 q~' ~ ~ ~ ~ ~O / t1~ Ooh `ti~i 2c--' I b~ r --.aD-- - ~ ~ ~ I 6 r ~y~ e^i ~ ' v O ' 1./ ' v„ <Q,q bo^ I %y ` ' Sq eQ,~~'v ''hh~` °`K E oF, _ ~ry~ ~ ~ ~ r- ~ . NOTES: O MONUMENT FOUND ~ ~ ;Kt ::::a ED<..a":: U °tew<'e ° mll w can.10 9•° [ of [ r. q~ ••1 PROP05ED DRY WELL 8' DIA. 4' DEEP TO CONTAIN ~ , oi~aK:i ' uro ss.~~r~ .~oi:a 2" RAINFALL ON ROOF EXTENSION AND POOL BACKWASH °x'"~~'" m.°~ °:P"~ 6:~:: ~ ELEVATIONS REFERENCE NGVD '29 DATUM ° ~ LOT AREA =9,712 S.E. OR 0.452s ACRE V JOHN C. EHLERS LAND SURVEYOR GRAPHI G SCALE: I 30' 6 EAST MAIN STREET N.Y.S. LIC. N0.50202 RIVBRHBAD,N.Y. 11901 369-8288 Fax 369-8287 REF. D:UOBS~OTA7-199 June 10, 2013 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 To whom it may concern, My wife Elizabeth is a heart patient who has enjoyed sitting on the deck of our cabana/shed since her parents owned this property in the early fifties. As a result of super storm Sandy on October 29, 2012 the shed was completely destroyed. We ask that the ZBA keep this in mind so we may replace our shed/cabana, and that my wife may continue to enjoy what we always had prior to this devastating storm. Sincerely, ~~Q San ord H. Friemann~- Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street OLD tfA.eiSo2 Hamlet N6~J .S'vGFvc,/c SCTM 1000 Section /h• _ 31ock 3 Lot(s) 8, y Lot Size /97/2 one ,QED I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED S" 2 /3 BASED ON SURVEY/SITE PLAN DATED ro i2 . Applicant(s)/Owner(s)://~A-NFaep ~ iCt.~z.~¢Q,~?N ~Yi ~i%En~.4~,iiy Mailing Address: 11 /QO X 96~ r ~y7Gf~o d~y,,~y 9~5~ Telephone:(~3/-7pf/-6~Fax: Email: S~/f/h,tN~ C~7o.+/~sN/~. SET NOTE: In addition to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( )Owner ( )Other: Address: Telephone: Fax: Email: Please check to specl(y who you wish correspondence to be marled to, from the above names: ~ ~ ApplicanUOwner(s), OAuthorized Representative, OOther Name/ Address below: WHEREBY BUIIDING INSPECTOR REVIEWED SURVEY/SITE L DATED 29 / and DENIED AN APPLICATION DATED ~ ~ FOR: uilding Permit ( )Certificate of Occupancy OPre-Certifcate of Occupancy ( )Change of Use i ( )Permit for As-Built Construction , ( )Other: i Provision of the Zoning Ordinance Appealed. (Indicate Article, section, subsection or Zoning Ordinance by numbers. Do not quote the code.) ~I Article: ! / Section: x:90 ~ //(o Subsection• ~ Type of Appeal. An Appeal is made for: I A Variance to the Zoning Code or Zoning Map. j ( ) A Variance due to lack of access required by New York Town Law- Section 2S0-A. j ( )Interpretation of the Town Code, Article Section ( )Reversal or Other A prior appeal ~ has, ~ has not been made at anv time with respect to this orooerty, UNDER Appeal No(s). Year(s). . (Please be sure to research before comple[ing this ques[ion or call our office for assistance) _ - TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOA0.D OF APPEALS DATE June:,,,27~., 1960 Appeal No. 283 Dated June 11, 1960. ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD James C. Whelan To Old Harbor Ro8d Appellant Few Buffolk. sew York at o meeting of the Zoning Board of Appeals on June 23, 1960, Thursday the appeal was considered and the action indicated below was taken on your Request for variance due to lack of access to property ( ) Request for a spacial exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning. Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because t ? # • t 8:00 P.IL (B. D. H. T. upon application of James C. Whelan, Old Harbor Road, Hew Suffolk, Few York, for recognition of access in accordance with State of Few York Town Law, 8ectioa 280]1. Location of property: Forth side Old Harbor Road, Few Suffolk, Few York, bounded north by 3. Baxter, east by other land of the applicant, south by Old Harbor Road, and west by other land of the applicant. r*>ft • 2. VARIANCE. ey resolution of the Board it was determined that (o) Strict application of the Ordinance (would) 1tsoCkYmiat) produce undue hardship because acceee ie aeceeeary to complete the sale of this property. which is ay, s.~de lot, (b) he andship created (is) ~t~F unique and UemdM~c(would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because THie iB ggtshe~~ggonly parcel in the immediate vicinity being divided and requiring (c)cThe va4once(does) (dtobserve the spirit of the Ordinance and (~OOa1tlK (would not) change the character of the district because the proposed use o£ the property i6 resideatial in keeping with the neighborhood. and thereforg, it was further determined that the requested variance (X) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed OC) be reversed. Appeal"' ZONING BOARD PEALS 0 Gpai an Rpartl e~ccTC .c__~ dith T. Hoken Secretary Foxmr zsa `~~N-',~ • • r ^ APPEALS BOARD MEMBERS ~ ~ SCU1T L. HARRIS ~~F, Supervisor Geraid P. Goehriager, Chairman y ; Serge Doyen, Jr. ~ ~v: ~ ~ Town Hall, 53095 Main Road James Dinizio, Jr ~~~y P.O. Box 1179 Robert A. Villa : '3 '~°rJ Southold, New Yark 11971 Richard C. Wilton rY:,c"~" Faa (bl6) 765-1823 Telephoae (bl6) 765-1809 Telephone (516) 765-1800 BOARD OF APPEAIS TOWN OF SOUTHOLD ACT20N OF THE BOARD Appl. No. 4165. Upon application of SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 1000-117-3-8.4. Subject premises is located in the R-80 Zone District. WHEREAS, a public hearing was held on May 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R-80) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. Hy this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear (easterly end) of the existing dwelling, all as shown on the sketch prepared by the applicants and survey dated March 9, 1993 prepared by Roderick VanTUyl, P.C. Proposed are: (a) a 14'6" wide by 10 ft. deep addition as shown on the plan prepared by R. Lehnert, Inc. (Design Drawing) dated March 24, 1993; (b) a six ft. open deck addition extending from the proposed 10 ft. addition (and extending 16 feet from the existing rear wall of the dwelling); (c) a spa addition with deck walkway. The decks and addition will be no closer than 48 feet to the outer edge of the existing bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 117, Block 3, Lot 8.4 and contains a total lot area of 19,998 sq. ft. • '1 ~ • • Page 2 - Appl. No. 4165 Matter of SANFORD & ELIZABETH FRIEMAN Decision Rendered May 20, 1993 3. The dwelling as exists presently has the following nonconformities: (a) front yard at 24+-' at the westerly property line, (b) southerly side yard at six feet. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. In considering this application, Board Members find: (a) the relief requested is not substantial in relation to the existing established nonconforming setbacks in the area of this shoreline for "cabana-type" buildings; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure - this type .of construction is not major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each has natural bluff areas between the improvements (buildings) and the bulkheads; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) the benefit to the property owner is minimal, and there will not be a detriment to the health, safety, and welfare of the neighborhood or community by the grant of this variance; (g) the benefit sought by the applicants cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance particularly in light of the established nonconformities in this neighborhood; page 3 - Appl. No. 4165 Matter of SANFORD & ELIZABETH FRIEMAN Decision Rendered May 20, 1993 (h) in view of all the above, the interests of justice will be served by the grant of the requested relief as requested and conditionally noted below. Accordingly, on motion by Member Villa, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief as requested in the Matter of the Application of SANFORD AND ELIZABETH FRIEMANN under Appl. No. 4165. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. c GERARD~P. GOEHRING`ER, C RMAN RECEIVED AND FILED BY TFIR souTxer.D Town crux DATE~'1Q6~3 HOUR 3 ~.SD Town Clerk, Town of Southold . ~ d ~ i^ Y APPEALS BOARD MEMBERS ~ ~pf SO~ry • Mailing Address: Gerard P. Gcehringer, Chairman ~p`~ 06 Southold Town Hall 53095 Main Road • P.O. Box 1179 j c Ruth D. Oliva ~ # Southold, NY 1197{-0959 James Dinizio, h. v' ~ Office Location: Michael A. Simon ~ ~ ~ Town AnnexlFir;t Floor, North Fork Bank Leslie Kanes Weisman ~~'~op)m,~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 h[[p://sou[holdtown.nor[hfork.net ZONING BOARD OF APPEALS q REC~IVED TOWN OF SOUTHOLD ¶~!_Q°_ql a ~3 P~ Tel. (631) 765-1809 • Fax (631) 765-9064 V~ (~9a FINDINGS, DELIBERATIONS AND DETERMINATI T'""'•" MEETING OF FEBRUARY 28, 2008 Southold Towtt:ler~ ZBA # 6114 - SANFORD and ELIZABETH FRIEMANN PROPERTY LOCATION: 1165 Old Harbor Road, New Suffolk CTM 117-3-8.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007, states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicants' property contains a total lot area of 19,712 square feet with frontage along Cutchogue Harbor, and is improved with a single-family dwelling with garage as shown on the November 19, 2007 survey prepared by John C. Ehlers. BASIS OF APPLICATION: Request for Variances under Sections 280-116B and 280- 124, based on the Building Inspector's amended November 26, 2007 Notice of Disapproval concerning proposed additions, swimming pool, and alterations to the existing single-family dwelling, which new construction: (a) will be less than 75 feet from the bulkhead adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. RELIEF REQUESTED: The applicants propose to construct a 10 ft. deep roof extension over an existing irregularly shaped open deck to provide partial shade, at 45' from the existing bulkhead, and proposes a 12' x 22' in-ground kidney-shaped swimming pool set into the existing deck with acode-required 3 ft. wide deck surrounding the pool on the seaward edge, 20 feet from bluff and 46 feet from the existing timber bulkhead shown on the September 12, 2007 surveyor site plan, updated November 19, 2007 by John C. Ehlers, L.S.. This proposed construction would create a total of lot coverage at 23.2%, while the code limits total lot coverage to a maximum of 20%. Page 2 -February 28, 2008 • • Appeal No. 6114 - S, and E. Friemann CTM 117-3-b.4 AMENDED APPLICATION: During the hearing, the applicant waa asked to bring the plan into more conformity with the code. The applicant on January 25, 2008 submitted a site plan prepared by Mark Schwartz, A.I.A. increasing the setback to 31.2 feet from the closest bulkhead measured from the edge of the new construction, and reducing the proposed lot coverage to 22.4%, thereby bringing the plan into more conformity with the code. LWRP DETERMINATION: A letter from the Town's LWRP Coordinator was submitted to the Board of Appeals on January 9, 2008, after review of the original variance requests, with a recommendation of inconsistency under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP standards.) Grant of alternative relief in the variance application, as amended January 25, 2008 will increase the setback from the proposed 29.2 feet to 31.2 feet measured between the deck and the bulkhead, and will reduce the lot coverage to 22.4°~. Also, the drainage of pool water shall be contained in the existing drywell on site. Gutters and leaders shall be located on the proposed roof extension and roof runoff shall be contained. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law &267-b(3)(b)(3)(1~ Grant of the alternative relief as shown on the amended plan will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed roof extension over the existing deck is modest in size and will have no visual impact on neighboring houses, while benefiting the applicants' family with protection from the sun and rain. The proposed pool is also relatively small and will be partially set into the existing deck, thereby reducing the size of its footprint in the rear yard. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance since there is no other feasible location in which to construct a swimming pool, and the distance from the existing deck to the bulkhead is already non-conforming. 3. Town Law &267-b(3)(b)(3). The variances granted for relief in the amended application for the proposed new deck and pool are substantial. A 49 ft. setback to the shoreline bulkhead, represents a 34.6% variance, and when measured from the first, Page 3 -February 28, 2008 • • Appeal No. 6] 14 - S, and E. Friemann CTM 117-3.8.4 closest bulkhead at 31.2 feet, the variance represents a 59°~ variance from the 75 ft. minimum code requirement. The proposed lot coverage of 22.4% while the code requires a maximum of 20% results in a 12% variance. 4. Town Law 8267-b(3)(b)(5). The difficulty has been self-created because the applicant has chosen to install a pool and deck without sufficient apace to meet conforming setbacks and which will increase lot coverage beyond that allowed by code. 5. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the ghyaical or environmental conditions in the neighborhood. The existing bulkhead and upland retaining wall are stable and the property between them is covered with a large native vegetative buffer. The proposed additions are modest in size and any potential adverse impacts can be mitigated through the conditions described below 6. Grant of relief, as applied for and shown on the amended plans, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a roof extension and small swimming pool, 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, seconded by Chairman Goehringer, and duly carried, to Grant the variances as applied for and as amended, shown on Map A-3 dated January 24, 2008 prepared by Mark K. Schwartz, Architect, subject to the following Conditions: 1. The drainage of pool water shall be contained in the existing drywell on applicants' site. z. Gutters and leaders shall be located on the proposed roof extension and mof runoff shall be contained in the existing drywell on this site, as shown in the November 19, 2007 survey prepared by John C. Ehlers, L.S. with Nov. 26, 2007 ZBA date stamp. 3. The pool equipment shall be housed in sound-proof (sound-deadening) cabinet and located on the northeast side of the dwelling to create minimal visual and noise impacts on neighbors. 4. The existing deck that is not covered by the proposed roof extension shall remain unenclosed and open to the sky. Page 4 -February 28, 2008 • • Appeal No. 6114 - S. and E. Friemann CTM 117.3.8.4 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer lrman), Oliva, Dinizio, Simon and Weisman. This Reaolutiogw• my ado ed,(5.0). / ag~- GERAII,D P. GOEHRI GER, C ~ N 3//7 /08 L proved for Filing FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Of Lice of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-334D5 Date: 11/21/08 THIS CSRTIFISS that the building ADDITIONS/ALTERATIONS Location of Property: 1165 OLD HARBOR RD NEW SUFFOLK (HOUSE NO.) (STREET) (HAMLET) County Tax Nap No. 473889 Section 117 Block 3 Lot 8.4 Subdivision Filed Map No. Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 19, 2008 pursuant to which Building PeIlllit No_ 33751-Z dated MARCH 19, 2008 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 ROOF EXTENSION OVER PART OF EXISTING DECK AND IN GROUND SWIMMING POOL ADDITION WITH DECK SURROUND TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR PER ZBA $I 6114 DATED 2/28/8. The certificate is issued to SANFORD & ELIZABETH FRIEMANN {OWNER) of the aforesaid building. SUFFOLK COUNTY DSPARTI+lBNT OF HSALTH APPROVP.I. N/A ELECTRICAL CSRTIFICATH NO. 4005033 07/15/08 PLUMBHRS CERTIFICATION DATED N/A ~ A horized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OP OCCOPANCY No Z-23678 Date JUNE 1, 1995 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 1165 OLD HARBOR ROAD NEW Si7FFOLR, N.Y. Hovee No. Street Hamlet County Tax Map No. 1000 Section 117 Block 3 Lot 8.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Hu ilding Permit heretofore filed in this office dated APRIL 1, 1993 pursuant to which Building Permit No. 21435-Z dated MAY 15, 1993 was issued, and conforms to all of•the requirements of the applicable provisions of the law. The occupancy for which this certificate ie issued ie ADDITION & ALTERATIONS, DSCR ADDITION & HOTOB TO EXISTING ONS FAMILY DWELLING AS APPLIED FOR. The certificate ie issued to SANFORD & ELIZABETH FRIEMANN (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-298891 - DECEMBER 13, 1993 PLUMBERS CERTIFICATION DATED MAY 26, 1995 - SANFORD H. FRZEMANN r 1 uil ing inspector Rev. 1/61 C ^ ~ / TOWN. OF SOUTH®LD PROPERTY RECORD CARD /~i'- ,~81~~ - 3-P4 OWNER I STREET 11 I VILLAGE I DIST. COUNTY TAX MAP NO. ~~U f [ 1{) ~ I (/~C~ !`".A 'r iJ PIF` ~ I I r ~ } !^a I ~~I I _ Zq~ ~ e ~ x,475 Zi LAND IMP. TOTAL DATE REMARKS: ~ `~L. ? ~J . ~ L 6scy a/ OZ) ~ / Y $ L.f'"d/O ~iG 31G r~ ~/-U. UGA4~ Z_`~ Q c ? _ ~ I I Z 'ld~ ~ , ~'~6+ 1~ssu ~ ~3G9 G~/ba ~ - ' ~a:~ i.. 3o©o~J 7~'©a 10 4oca ~ z4 43 3'~ /~.~Yi z i; ui~: z,~,,, "',C3nC1 ~~7r_a'?'kEJ 10 ~l ~C~ f +I C~'~' I _ e eJ',< 6C~ - 'C aC~ - ~~~,77- he a: E~f ~r~em n ~ - 33 b ~ ~ ~ , ~ ~ ~'®!Al~1 OF S®ldTHOL~ ®PERTY RECOR® CA D~ ' . ~ - l/z-.". H- OWNER STREET V VILLAGE DISTRICT SUB. LOT - a ~ r ~e r ~ % n ,.?p, r ~b a f i`-~ ~ s ~P Gti a v` 1 ~S arc, FORMER OWNER N E ACREAGE { S W TYPE OF BUILDING ~ ( -----~a L' , G H . ~ {'1 r ~ G h I l f'~e fr ~/a ~ / r,.t RES~~ ~ ~ SEAS. VL. FARM COMM. ~ IND. CB. I MI~C: LAND IMP. TOTAL DATE REMARKS < [,i~; a u Y ~ 3/.~-~; a _ _ GOO s-ao ~ l~'~ d_- ~/~'4 0 /6 a v ~.,1 v _0 %/~/~S C~-~---~ o c k 5` x ~~o~ 2 n a , yen. ' /6 6 0 , ~ Go ~ ~ . ~ v s e i ~ ~ ~ 1 ~ ~GE - ~ ~UILDING ND~IT~O[~! ~ LL 1DNEW C~~AAL oo"Bft6~h(S"/,~~`J ABOVE a F-~~+ /'av-ce_~ /33 ~ .,0..700 arm Acre Value Per Acre Value ~ - - 2 Ire r ~~a e / 1'i2.~.~"_6 - J'a,/o/ ..~,(1!-~„ o ~.3i' - Tillable ] J Ov7<<i dam` ~ X9.20 TiNable 2 0 ~4~ r/ ~ Q 7~0 ~ /~d rn Tilloble 3 ' - 'D~ - - . - - - o a . L .mac / 0 .T1~f:J' /Z,6J`" Wcodlond - --I - Swam land Brushlond ~ House Plot ~ ~ , r /3Y~ ~ ~ cr6 - - ---t----- - T ' ~ Tool ~ - J ~ e w ~ TRIM ~ ~r- ee A ~ ~ I I , - - ~-I--~ - ~ -t- - ~ - _ I _ ~ t ' i ~ ~ ~ ~ _ i I _ F - I ~ ~ ~ ~ ~ - ~ i ~ I 1 ~ ' ~ { ~ i ~ - i ~ ~ t i ~ ~ ( I 117:3-8.4 9/08 L I ~ ~ ~ I I 30 _ i I II I, ~ ~ I ~I ts~r, +e+~P - I 4 f-o ~ I ~ ~ ~ ~ I I I I M. BIdg~43 X ~f - i~ 3~ b i ~ ~ ~ I-,--~, Fxtensi ~ I ~ X 4 ~ = ~'7 2 ~ 3 Z52b 1 3 ~ I , i, y ~ { ' i tens' S~' i +c +~P- I it . s ~ l S m ~ 6~~ ~ I ~ F.xtensi 221:83 - Z'A ,2~ Z _ ~ Dinette Iti K ~ o ~5a Foundation ~ h !',vJ Floors ~ fj K• ? Porch ~ ~ ~ ~ ~ L J 7.t `gs% Basement ~ _ ~ Iii bE,oZ "~6 c~ zoO ,Fxt. Walls U`~ Y ~ Interior Finish i S< t ~ LR. / ~ ~ 2 p _ ? ~/J r1 • Fire Place Heat f/ y(/ DR. ; Goroge ~ 1, z L ~ ~ 6 3 Type Roof J a ~ Rooms 1st Floor BR• 2 PatitD ~"C 'R3 i iRecreotion Room Rooms 2nd Floor ,FIN. B Dormer ~ Drivewoy I O. B. aC au.f ~ D. i - I I I Totol I ~ ti •rauJ- _ fl ~eQ~ q~3~ ~1 047 i0~ar ~ _ . ~r., ~ 1- ~ ~G i~ ~ ~ . 0 ~ - Q.: 7 .j _ , :Beard Of Sou~Mold: Town Trr~stees 4 SOUTHI9LD,-NEW YORK - PERMIT NO.: y 3 DATEs .:.5126!.94....,..._ ` z y: ISSUED TO.._..:SANFO}tD_.ERIEMAN... ~u~IIxt~~[#iDlt Pursua~ to the provisions of Chapter 6t5 of the. Laws of: the S'#ate of New York, 1893;:and Giapter 9©4;of +he Laws of the -State of New York 1952; and .the Southold Town Ord'aianea en-~ tilled, "REC-,ULATIN6 AND 7HE PI;ACIFIG: OE OBSTRtJCT1ONS IN AND' ON TOWN WATERS. AND PUBLIC L4NDS and the REIvtOVAL OF SAND, GRAVEL OR :OTkiER MATERIALS fiitOM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted'at a meeting held on .....5(.26!94--- - ~ ~ 19...9.4.., and in eons~daratioa of the sum of .5:.],O.Q..0l2...-.... paid by ~ k.. ~ ..Tohn .Geideman.#or..SANF.QRD..F.RIEMAIA _ ' of ....._New...S.uffoik N. Y. and wbject to the ~ Terms and Conditions hated on , the reverse side hereof, ! of Southold Town:Trustees authorizes and psrmHs the folbwing:. Grandfather Permit for an existing beach house, a 15' % 30' ' desk around beach house and an 85! X 4' existing dock as per . 'ifi drawing dated as reed. 2/T/94. DENIES regnest to extend docl~ 100- feet vche~I- armor a m ;accordance ai specifications as p?essrrtad in -the originating appl'u.ation. i IN WITNESS WHEREOF; The wid Board of Tniateea hRre- by aauaes :its Corporate Seal to be affued, and these. prsseiita to ba wbscribed by a majority of the said :Board as of this date. tom. _ ~ 'u~. ~ ~ ' i - - O ` ~ Trustee , I a ~ 1 l r ( ~ _ - `4 1 i'~ ~f~a~t Issued Qa~e ? X17- THIS NOTICE MUST BE.DISPL~?YE® QURING CQNSTRUCTI4N T4VI~N TRUSTEES O~IICE.TOWN. OF SQUTMOLD rv<- SOUTHOLD, N.Y.1197t TEL.: 765-1892 ISM U~F~ ph~oa ~~Jit ~ ~ ,~~w ,i.. ~ S'x ~~`e y ~/'v` ~ 1 ~ ~ Jf /fp ~~IOry M JOE ~G~GrL STd~"' IF~r~ I~I3pli W p~N ~~J ~2~M ~,pl~'M ~ 5 T~ ~~,o~ ~?b c y ~'SF ' i it ~ ~ _ ~ ~ !f~ ~ III y.l xSL k ayv..v r a.„ i F. i ' o-v... ~v ~ L++~~ ry. .v=.. ~f~ 1 V y -st _ ~ T ~ _ _ cam, s.6 tr ! ~ '~.~y _ _ 1~ u1 _ .3r.• a _ _ _ - - 012x. _--_--°----r---- - - - - - - _ ~ - - - _ 09 saaaatu a e a ~1$f ' Q~ OOZ ~aad TOWN of SOUTMOLD OFFICE OF BUILDING INSPECTOR 8 3 4 5 2 Town Hall Annex Receipt No. Southold, New York 1 1971 Date 5~~ Received, of ~ ~1 e-i'(~~1.11, / l OODollars For ~ ~ ~~1 Fee for Fee For Fee for Fee For Fee for Certificate Eledrital ? Sign ? Flood Development Pmt. ? Building Permit ? of Ckcupanry ? Inspection ? Cash ~ Check I ~ ~ ~ Building Department FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 29, 2013 TO: Sanford H. & Elizabeth M. Friemann 1165 Old Harbor Road New Suffolk, NY 11956 Please take notice that your application dated May 28, 2013, For permit for demolition and reconstruction of beach house/cabana shed and decking at: Location of property: 1165 Old Harbor Road New Suffolk County Tax Map No. 1000 -Section 117 Block 3 Lot 8_4 Is returned herewith and disapproved on the following grounds: The demolition and reconstruction of beach house/cabana/shed and decking is not allowed pursuant to Article XXII section 280-116 (B) which states "All building or structures located on lots upon which a bulkhead exists.. shall be set back not less than 75 feet from the bulkhead." The plans show the aronosed beach house/cabana/shed and deckine setback 0 feet from the bulkhead. uthorized 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. 'OWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST ' BUILDING DEPARTMENT Do you have or need the following, before applying' TOWN HALL Board of Health /1/D SOUTHOLD, NY 11971 4 sets4fBuilding Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form_~/D N.Y.S.D.E.C. Trustees C.O. Application Flood Permit d- Examined , 20 D ~ ~ ~ ~ ~ ~ Single & Separate D Storm-Water Assessment Form_ l~ ~O ~AY 2 8 2~~ Contact: Approved 20 Mail to: Disapproved a/c I!,3__~ gLOG. DEPT. ~+y / I TOWN OF SOI;THOID Phone;S' 6~9(~s ~'J(i Expiration , 20 Building Inspector APPLICATION FOR BUILDING PERMIT Date S ~ , 20 / 3 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 be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for at,y purpose what so ever until the Building Inspector issues a Certificate of Occupancy. £ Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ , /l rte' t~a.//~-~ 117 (Si~natur~cant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Dw a~2 Name of owner of premises _S~nJFc~ f~ ~ ~Z.L Z~~7~ N~! _ ~//in~.~l/lJ ~ (As an the tax rall 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. Other Trade's License No. 1. Location of land on which proposed work will be done: !/(0.5~ 4~ F/yeBo~ Qo~4~~ NF.zJ SJGG~~' E/ //9S'~v House Number Street ' County Tax Map No. 1000 Section 7 Block tnt~4u0Lot Subdivision /B-S-p Filed Map No.//~7-3 Lot ~ 2. State existing use and occupancy of premises and intended use and oc panty of proposf d construction: a. Existing use and occupancy ~E.gG/~ f/a~S.E~~~~g,5+,v?~- ~/f~~ b. Intended use and occupancy r,~E•.aFGL/ /~D(~SE , C f-,4,y~/fJ ~,~D 3. Nature of work (check which applicable): New Building ' f/ Addition Alteration Repair Removal Demolition Other Wark r9eE .S7c~M DA.++.9loFi7J (Description) S7~e~7~f_ 4. Estimated Cost Fee (To be paid on filing this app station) 5. If dwelling, number of dwelling units f)• Nwnber of,dwelling units on each floor N If garage, number of cars iir~ S )');~3 6. If business, commercial or mixed occupancy, specify nature and extent of each t~of use. _ /ll /9 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories i i ii 8. Dimensions of entire new construction: Front Rear Depth 7 ~ Height /S~ Number of Stories / 9. Size of lot: Front /O~~D Rear Q'3 ~ 8 y Depth /9`~~ 3~ 10. Date of Purchase !O Narne of Former Owner ~~/Z.9-%,~T,! ~ uJiq,~c.•¢~? 11. Zone or use district in which premises are situated ~~Sif~a7%HL 12. Does proposed construction violate any zoning law, ordinance or regulation? YEST NO~ 13. Will lot be re-graded? YES_ NO~WiII excess fill be removed from premises? YES_ NO lc <_A,vr~n y k ,E'L,z~4B.ETr! rv~ po Bow 4,~" 14. Names of Owner of premtses_. ' ~%E•M•4Nrf Address Gt~Tr~a'~~ NyPhone No. _'~.3~ 6702 Name of Architect ^Address Phone No Name of ContractorSr S Covs-rR„~Tro..) Address Phone No. 5/6- a'~S- /787 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES~NO * [F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. ] 6. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES NO~ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) SL~NFal1 !7 6/. /,Qi ~r+~ifw,~p~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above nvned, (S)He is the oy,tlfstL ~,41o iE.t>T (Contra or, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to snake and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to befo e this d of 20 ~3 MMrry ~ ~ G u~D ~7 _ Not Public ~ ntANY31 ~ S gnature of Applicant James H. Rich III 555 Reydon Drive Southold, N.Y. 11971 KA~~ ~(~'~rs.t.t-•~ RECEIVED C ~ o ~ 2 $ i+- JUN 1 7 b,.,¢'t+-l~f 'T 6 w 2013 BOARD OF APPEALS /~J a7k~ w{ ~ • GI ~ S M r~ Q~ l c rr-r L,s/r i .Z' d mac.,, p `mss r ~t-,,,' Gc ~ c r4fc ~ hc.w~ l1 o us ~ /'PrtJi / 6.~ /art-4 r~M k ~o ~ M ~ ~ K-t ~s ~>7-thy r~ce~~lA-~/r of /`©foP k•i-,t.6o,~ ~o.?.(r G~eu S~.~F-~Ilc `(tic `t ti ~ {tt ~ rs ~ ~.r I`d .,..j ~-'~c.~*. c.QO,~ yr„ r~-p a f S.~ tr dcsrSr~P fio b~ !It ,~,.c ,F~o~.~ ,5 ~('c~~« hc) st~.,.~ ~ s [M ~ tt.v~tt,- sra-u~P r fl, k flz,s 6 I d , .-%I .Tt wtcrc)~ ~~li^'~-~/+t-c-~S /F ~r~at~.e-~c hadd..,~ t~'17,t-t' ten-, ~~sTceye.~Q /!s ~G N.~r- ~°12 S'7`ceLn CartHo,r(~ V-trfcrrr_..( +a °~S 4 5 FORM NO. 3 ~ ~ j NOTICE OF DISAPPROVAL DATE: May 29, 2013 TO: Sanford H. & Elizabeth M. Friemann 1165 Old Hazbor Road New Suffolk, NY 11956 Please take notice that your application dated May 28, 2013, For permit for demolition and reconstruction of beach house/cabana shed and decking at: Location of property: 1165 Old Hazbor Road New Suffolk County Tax Map No. 1000 -Section 117 Block 3 Lot 8_4 Is returned herewith and disapproved on the following grounds: The demolition and reconstruction of beach house/cabana/shed and deckin ig snot allowed pursuant to Article XXII section 280-116 (Bl which states "All buildin¢ or structures located on lots u on which a bulkhead ...exists... shall be set of than 75 feet from the bulkhead." The lans show the ro osed beach house/cabana/shed and deckin setback 0 feet Fro the bulkhead. uthorized 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. Name of Owner: ZBA Files! REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to neazby properties if granted, because: ' %'~is is A ~Pv~-~F;...~,?T o f' r~"'t= S7oR.4+~ Stf~~e~9llgn/t4 h/DwFd~it ~ T wiLc O~iED 9/'v~.y lfr b t2 t9~D /9'PO/lo~ ~ ~ ~.vJw 9-.at~ r7 F ®/46 i iv :q-[- p~s~~SSM 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pwsue, other than an area variance, because: ~ t t S' t ..~/~oS'S/~l~-Yz 7p eo.~p~/ b.?~ 7~ CvnJL,gNT ZO~I//NCB ~~Q~/t2/yM1sN7S @ 7S"/ /IND S7/~ricTf~t~I~ ~'/~5 gf~!i.J /:J ~~/ST/tNG/g /P2ftt-t2 -Tp /grS~ 3. The amount of relief requested is not substantial because: ':~'f t<, t!-S y¢.? ~y'~Fij••Ti~~ S%R?c>v~~-F_+ PR~o2 To s'v0,~¢ STs~ S.g.•~t7~/ 4. The vaziance will NOT have an adverse effect or impact on the physical or endtronmental conditions in the neighborhood or district because: w /F S' ~ t-,,,t g ys ~ y ND wls as ~r F M~~ ~ / N YiaE /HA-/t/c ~l-~A tN •9 s /~i¢@ - F_ tiff?i~i+~ To 'l.o .asiiV s ST~c.~TVR-/z wA-t /~a/tT /~i~inn. Ta /9r~ 5. Has the alleged difficulty been self created? {Yes, or { } No Why: /~,~cyvrE CuRA.r£.?7 Zoti/.v6 ChFME /N'To ~~/S?/9NC~ /~-F7~ER S?~wYrr2,E i}.9~7 //i~sl~ /iV f~l«jTi¢NC~ Are there any Covenants or Restrictions concerning this land? No { }Yes (please famish a copy) 'i This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfar~of the community. Signature of pplicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo fore me [his ( day of /20^~ Y Vl~ Not blic ;Ot;CiALL G FflASER, dR~ ~;OTARY PUBLIC, State of New DdR~. ottc 1304700 NOTAIYyIP1EI3-1-t~'~ ~~"`e ~ r av; YOrk No. 30- NO ~.13(j4ZA~Q~' ~y 7 cn~rfied m Nassau County , pgyi'"`rt" :i,::v, : 'r,~es May 31, 2~_~.J APPLICANT'S PROJECT DESCRIPTION APPLICANT: S9.tlFo~ N ~ ~42.64fti'7fi,H~/~rh,FpNTE PREPARED: 6 / 1. For Demolition of Existing Building Areas Please describe areas being removed: H. New Construction Areas (New Dwelling or New Additions/Eatensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: i¢ Height (from finished ground to top of ridge): ~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N ~i4 III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Chazacteristics BEFORE Alterations: N//~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): / Existing squaze footage of buildings on your property: ! 7 / (0 17 Proposed increase of building coverage: /3 G d Squaze footage of your lot: / / Percentage of coverage of your lot by building area: / ~ n V. Purpose of New Construction: Q/G.~AC6' r'9 S'.ar AGC ~~~J 7'/1A7 W R S CAS-T.e -r i~y ~7d6' S/o/s^a S i31' A /~S~cT ©F ~vOEa.~'~o.em VI. Please describe the land contours (flat, slope °lo, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in eeting the code re irement (s): ~'~R-r co•~. ~rc ~ 2 ~~R.,fc - Cn a ~ L,Ess i //.9,J 7r / Fil.~ ,Eii~ 7air6 /f uLK fi~~.5~~ Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? _Yes X No B. Are there any proposals to change or alter land contours? ~No _Yes please explain on attached sheet. C. 1 J Are there areas that contain sand or wetland grasses? x/~S 2.) Are those areas shown on the survey submitted with this applica~? X,~'s 3.) Is the property bulk headed between the wetlands area and the upland building area? 'y/F_ S 4.) If your property contains wetlands or pond areas, have you contacted the Oflice of the Town trustees for its determination of jurisdiction?~_P~lLeas°e confirm status of your inquiry or application with the Trustees: ~E•CmiT ~9.vTf~~ and if issued, please attach copies of permit with conditions an approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ND E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A/D Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?~If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?~/~~' If yes, please label the proximity of your lands on your survey. ,VOTED AS o[~ H~Boe Assoc. /obo - ll7 - 3 -Q,b I. Please list present use or operations conducted at this parcel /errs/d~~v7iH- L and the proposed use ~SiI~,L-r,q~ . (ex: existing single family, proposed: same with garage, pool or other) / ~ ~ Authoriz signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant jor any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural dtstrlct OR within SOOfeet oja jarm operation located in an agricultural district. Al! applications requiring an agricultural data statement must be referred to the Sujjolk County Department ojPlanning In accordance with Section 239m and 239n of the Genera! Municipal Law. 1. Name of Applicant: 2. Address of Applicant: 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: 6. Location of Property: (road and Tax map ntunber) 7. Is the parcel within 500 feet of a farm operation? { }Yes { } No 8. Is this parcel actively farmed? { }Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Boazd Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) E/~-,~ 6 l a- i ~3 ~ignatttre of Ap icant Date Note: 1. The local Board will solicit comments from [he owners of land identified above in order [o consider the effect of the proposed action on [heir farm operation. Solicitations will be made by supplying a copy of this s[atanent. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the properly owners identified above. The cost for mailing shall be paid by [he Applicant at the time the application is submitted for review. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be coin leted b A licant or Pro ect S nsor 1. APPLICANT/SPONSOR 2. PRGJECT NAME SAND If~~•GZgg,E7N M ~~yN/? 3. PROJECTLOCATIO/N~: ~L,,~~~ ~a N~ ftiGfeUt~Ny ~~g~ S'cJFfv~ MuNdpality ~~w O~ / County o~, 4. PRECISE LOCATION (Street address ant road Irdersediars, prominent l~apd"m~r~g etc., provltle ma) S•U~fa~ LOC.9-T~~ y~ ~4 T S/v ~ O P D ~D Fi ry~/JAK ~D O/~< N v~ D /w Li¢~T Dr•w9 m~ G,EGT ~rP-/!~ ~/GCARSr GOQS~E~ar'L~ ~ON`~ %b ~T /LIZS'//~t~+~~ mAl le/6tiT(~WfM4' d/A,yL S/Div1S #//6S~ ~-/S DO"Q 5. PROPOSED ACTION IS: ? New ? E~ansion ®MotlilfealbNalteralion 8. DESCRIBE PROJECT BRIEFLY: GPL+4uE y/f T/N t / V / ~T / ~f0 SU S 9f /2,ESrwY O F SI,1~is2t 7oRn~ 5".9ND 7r . •7/ra /g Lcw6 7. AMOUNT OF LAND AFFECTED: pl.~4SE S,E,¢' V 7 Iniliafly acres Ummatey acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ? No If No, tlesute briefly 9. WHAT I RESENT LAND USE IN VICINITY OF PROJECT? ~Residendal ? IndusMal ? Commercial ~ Agriartture ? ParWFOresVOpen Space ? Other Describe: 10. DOES ACTION INVOLVE A PERMfi APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AG NCY (FEDERAL, STATE OR LOCAL)? ® Yea ?No If Yes, flat agenq(s) name and permiVapprywals: Sv++7N~v~-~ "T0~'N 71~.~'~'~"~s g ~gug f}' NS'~i9 - /-/?/8F_~ fbyThbt-D 7DW~ /JU/cW:J6 /~E/tr~i ~ SO~TiI~+~ Td~.? 2Bft 11. ES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVALT ~j. Yes ? No If Yes, Ifst agency(s) name and permiVapprovals: ~ •-~~~~r Qi~.,.rT f-I~SySF. y3/8~ 12. AS A RESULT OF PRO SED ACTION WILL EXISTING PERMRIAPPROVAL REQUIRE MODIFICATION? ~ ? Yea 1 CERTIFY THAT TH 1 'R TION PROVIDED VE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplkanVsponsor name: ~ may- Dale: signature: ~sAif/f~01~~ /~/6.~r9Nn/ If the action is in the Coastal Area, and you are a state aggency, complete the Coastal Assessment Form before proceeding with tF1is assessment OVER 1 I PART 11- IMPACT ASSESSMENT To be com leted b Lead A en A. DOES ACTIO CEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use me FULL FAF. Yes ~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 617.6? If No, a negali~ce dedarafion ma superseded by anotlrer involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may De handwritlen, H legible) Ct. Exisikl9 atr quality, surface or groundwater qualffy or quantity, noise levels, exislMg traffic pattern, solid waste production or disposal, potentlal for erosion, dreinape or flooding problems? Explain briefly: C2. Aesthetic, agricWlural, archaeological, histodG or other nahxal or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wfldlife spades, significant habltats, or threatened or entlangered spades? Fxplatn br~tly: C4. A communflys exisflrg plans or goals as oflfrJafly adopte4 or a drange in use or intensity of use of land or dher natural resources? Explain bdefy: C6. Growth, subsequent development, or related activitles likely to De induced by Me proposed action? Explain briefly: C6. Long temp, short term, cumulatlve, or other effects not identified in Ct-C5? Explain brefly: C7. Other impacts (inducting changes in use of either quanflly w type of energy)? Explain brefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENT ARFA (CFA)? Yes ~No If Yes, explain briefly: E. IS THERE, OR IS ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT6IL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes, explain briefly: PART 111-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverse effect identified above, determine whether it is substantlal, large, important or otherwise significant Each affect stwuld be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of ocatming; (c) duration; (d) irreversibility; (e) geogrephic scope; and (f) magnitude. If necessary, add attachments or reference supporting matedab. Ensure that explanations wntain sufficient detail to show that ag relevant adverse impacts have been idengfiad and adequatey addressed. If question D of Parl II was chedted yes, fire determinafan ofsignficance mustevaluate the potentlal impact of the proposed action on the environmental characteristics ofihe CFA Check this boxffyou have fdenltfied one or more poteniialy large orsignifirant adversatmpacts which MAY ocwr. Then proceed directyto the FUL ..,/EAF arM/or prepare a positive dedareaon. I~R Chedclhis box'dyouhave determined,based on Metnformatlonand anaysis above andany supportingdocumeMagon.Matthe proposed adlonWlL Y-' NOT resuK in arty signiflcam adverso envfronmenWl (meads AND provide, on attachments as necessary, the reasons supportirg Mis determinatlon ame of ad Agency Date Pnnt or Type ame o esportsi a cer M ead Agency 7ltle o esponsible O car Ignature of esponsible cer in Lead Agency nature reparer ( rent responsi officer) i ii Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits' including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. 'Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this fonn 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 al] of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE A(N~D~P~ROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ~ Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ~'cr1v~7' /'~fL ,g Zone/rU6 1//~~Z/En~G/~ I.ocationofaction: /lb~ fJLt7 If~~o2 K~ 7 /VE'`~ S~~"D~.Ny• ~~9-~~ Site acreage: S~F 9T7<I~H~ S~e~6~ Present land use: R-~S ~ ~ t' Present zoning classification: ~F'S r DG.~7i'9 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: SAny~ rev ~ N ~ ZA B~ y~ ~ ~~if.~-4 n'~Y (b) Mailing address: /y . ~oK 96~ C~T~Ho6~E,~ //°j3 S- i (c) Telephone number: Area Code b?jt '7 ~ 672- CAL - S ~6 - 9 d~~ 30 (o S/ (d) Application number, if any: WiI1 the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space; makes efficient use of infrastructure, makes beneficia{ use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes ~ No (Not Applicable -please explain) A/oT T~tj `I 7~~5 X0-1 ~T Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria 0 Yes ~ No ~ (Not Applicable -please explain) /j/p7 [.~-rF~ 'Tv -7-fjlt !lo .7izt.T Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LW12P Section III -Policies Pages 6 through 7 for evaluation criteria Yes ~ No ~ (Not Applicable -please explain) /?D? ,EC+471~+~ TD 'Th~jS ~fo'6~T Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW12P Section III -Policies Pages 8 through 16 for evaluation criteria Yes ~ No ~ (Not Applicable -please explain) NoT ~~TG,~ 0 7"f~>1 ~Eo .T,Et-T Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes ~ No r^~ (Not Applicable -please explain) N o T ,~'G~Tlr~j Td Th~l1 RQ ~G~T Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No ~ (Not Applicable -please explain) NoT /LCi~9~~o ~0 7-~is /f/to~i~cT Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. Yes ~ No~ (Not Applicable -please explain) iVoT 2~G~9-TFa `To ~ff-jS ~/Co ?Ec-7 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold From solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. Yes ~ No ~(NOt Applicable -please explain) /VO T ~u47~D 'Zo <h~/S Ro ~~E c7 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. nn 0 Ye9~ No~(Not Applicable -please explain) ivo -r ~~c.4~~n -ro isLis ~i~7~~-7 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations.~~Sjjee LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No L~ (Not Applicable -please explain) RIOT ~2 .-~~9-1~~ `"Ta ~H s Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. Yes ? No ~ Not Applicable -please explain v7 io 7 ~ ,do ~,Ec7 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No IS1 N01 Applicable -please explain NoT L 1 D o 7' IS Ro ~-7 Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ~NOt Applicable -please explain