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Home My WebLink About6674 /o go Deap dole ~ /5 ~ ~6 ~'f R-dd r firms -l-e~-a.+tons eXfsfi-ry singlc ~r~ duFt'lj%"~ Ar-F. XXII , SeC- ado- /169 BOARD MEMBERS Southold Town Hal] ~pE sovey 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson ~0~ Olo Southold, NY 11971-0959 Eric Dantes * ~t Office ocation: Gerard P. Goehringer ae Town Annex (First Floor, Capital One Bank George Horning ~ ~ ,aO 54375 Main Road (at Youngs Avenue) a Southold, NY 11971 Ken Schneider ~'YCQpMy,N~ http: //southoldtown.northfork. net RECEIVED .~P a : 3a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SEP 2 4 2013 Tel. (631) 765-1809 • Fax (631) 765-9064 Q7 o~lno~a ~owtt tlatw FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2013 ZBA FILE # 6674 NAME OF APPLICANT: Frank Marsilio SCTM-1000-115-12-15 PROPERTY LOCATION: 1080 Deep Hole Drive, (adj. to Deep Hole Creek) Mattituck, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATNE 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 August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is adjacent to Deep Hold Creek with 100.15 feet bulk-headed frontage on its western side. The property runs 216.88 feet on the northern side, 222.32 feet on the southern side, and 100 feet on Deep Hole Drive. The property is improved with a one story frame dwelling and an accessory garage located in the front yard. A floating dock and ramp extends from the bulkhead into the creek. There is a shed which is primarily on the neighbors' property which slightly encroaches onto the applicant's property. The frame dwelling is in Zone X. All is shown on a survey by John T. Metzger L.L.S. dated October 27, 2010 and last updated on January 4, 2013. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116(B) based on an application for building permit and Building Inspector's June 28, 2013 Notice disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct an addition to an existing dwelling at 72 feet from an existing bulkhead, where the code requires a bulkhead setback of not less than 75 feet. Page 2 of 3 -September 19, 2013 ZBA Filek6674 - Marsilio SCTMi/ 1000-I15-12-IS ADDITIONAL INFORMATION: During the hearing testimony was taken that the neighbor on the south side of the property has a similar variance to the one being requested. Also, the property has a NYS DEC permit to construct additions to the existing dwelling. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1I. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deck/covered porch addition is proportional with the overall size of the house and would have a reverse hip roof that blends in with the existing hip roof. The covered porch would not be seen from the street and can only be viewed from the creek side of the house. Other houses in the neighborhood have covered porches facing the creek. 2. Town Law &267-b(31(b1(21. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed deck extends from the existing structure six feet wide and a six feet wide deck is desirable for outdoor dining and entertaining. A three foot wide deck would be code conforming with a setback of 75 feet however it would not be as usable. 3. Town Law &267-b(31(b1(31. The variance granted herein is not mathematically substantial, representing 4% relief from the code. 4. Town Law &267-b(3I(b)(41 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 must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(6I(5). The difficulty has been self-created. The applicant purchased the parcel afrer the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch 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 Dantes, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural prints by Niemann Architecture last dated June 20, 2013 labeled Tl, T2, S1, S2, EX, and AO-A3, and the stuvey by John T. Metzger L.L.S. dated October 27, 2010 and last updated on January 4, 2013. Subject to the following condition; CONDITION: 1. Drywells shall be installed as per Architectural prints by Niemann Architecture labeled S1 and last dated June 20, 2013. That the above condition be written into the Building Inspector's Certificate of Occupancy when issued Page 3 of 3-September l9, 2013 ZBA File#6674 - Marsilio SCTM#1000-115-12-IS Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed !n 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 Weisman (Chairperson), Goehringer, Schneider, Dantes. Absent was: Member Horning. This Resolution was duly adopted (4-0). ~i~~ Leslie Kanes Weisman, Chairperson Approved for filing ~ /2013 ~ S. C. D. H. S REFERENCE NUMBER R10-10-0063 " SURVEY OF PROPERTY NOTE: AT 11IATTITUCK SUBSURFACE SEWER DISPOSAL TOWN OF SO UTHOLD SYSTEM DESIGN BY.' JosEPH FiscHErn, P.E. SUFFOLK COUNTY, N. Y. HoaART ROAD NE1P SUFFtpjg ,q VENUE 1000-115-12-15 SOUTHOLD, N. Y. 11971 A B (631) 765-2954 ST 26' 39.5' LP 1 J5 ss SCALE.' 1'=30' LP 2 5 OCTCiBER 27, 2010 CP 3 36 51.5 DECEMBER 7, 210 (NEW SEPTIC SYSTEM) g LP 4 36 63 JUNE 1, 2011 (FINAL AN SEPTIC SYSTEM) ~ LP 5 42 9.5 JANUARY 4, 2013 (TOPO k PROPOSED ADDITIONS) ~ ~ m ~ ro ~ e y y W~ N~D/~ LORRA/NE WEIVDT ~ i Y wErzANOS (DWELLING W17H PUBL/C WATER) Y Y ° ~ Y y Y '19'2 `E FE z7' 'EL 30• iMLw. ass 216.88' 7D• d0 ~,9°LlT RAIL FENCE ~ £L. 7. g' ~ ~ d ~1.~~ h~ / / Ze' ? PVA/P ~~r / ~ a n. z:' wA»:xL,~- ~ ~ wA>FR ~ RECEIVED ~ ~ ~ ZS 11.1 - ~~Wj1-~~ 114J'~ - ~ ~ ~ ~ ~ ~ ~ ~ ~~,g JUL 1 7 2013 4 I ~ zavE AE ~ 2AME x ~ ?RSA o o ~ ~ 3 11 s) ` A0°"10N u' A ~ ~ BOARD OF APPEALS ~ ! ~ 3 $ h ° M J ~I ~ ~'7z I~ y~ sr / ~ ~ z m ~ j~u ~ ~ 4 ~ ~ ros• z ~ rESr Na.E 4,j ~ a i I ~ , i , i ~ , 4 EL. 7.d (A9AhULMI~) I ~ ~ 1= ~ 4 3 ~ I it ~ ,i i i i , ~ ~ ~ ~ ~ C0IIQPEIE L1APB 1 "ti U = ~ / ~ zss' m ~ a 2 Ise' ~ F1P. ee.r ~ ~ ~ ri'~ ~ GNP.1liE : ; mA~L aenEWAr 3 ~ a 1FST HOLE DATA ~ ~ s~iwE REr.1 ` ~ ~ ; zzw' ^ ' O (3, McDON f0 1G~"03ClENCE / /EL AB' PA1£RS ~i o e ~ ~ a.Re ~.3' \ 4Ngpq ~ ~ ~i 9E0 N ~~~JJJ fL 7.0' I I.1N (O/Lf ~ - ~ BROIMJ sLTr SAND SN ~f.IN I LZ 7.5' I N8779'20"W s'~D EL. ao' zs ROW a` E 222.32' 9ROMN FlNE SANG SP ALL DWELLINGS WITHIN 150" USE PUBLIC WATER N/off ~IERri CHRISTiANO ec PATRIgA MELE FINAL MAP FLOOD ZONE FROM FIRM MAP NUMBER 3610300482 H (DWELLING INTH PUBLIC WATER) REVIE ~ 1 `~r\ 0° wArER er SEPTEMBER 25, 2009 D BY ZB/~ WA1ER /N BRONN FINE SAND sp ELEVATIONS REFERENCED TO N. A. V. D. "88. SEE DECISION #~D ~ ~ ! om fo-n'ior n/tn the SL4NDAROS FOp f;PPRO~-,L 1~RE/Q=21~~0 DATED' ~ ( i QNO coNSrr~u~~lonl or sues R~acE sr wi~~cE TO 11E LINE ~ ~J'SPGS~~ S Y~ ' 49S F~ ; SIfJG c ~ AMi_ / ~E,IDF~CE~ _ N.Y.S. LTC. NO. 49618 cad .a ~ obia~ hy, the cndili~ns se! ~o ~r ~herF~~r ar,~' ~n the ANY ALTERATION OR ADDI170N TO THIS SURVEY /S A NOLA7/ON ~4S perrn~( to cors/ruct. OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. ~ IC YOBS, P. C. EXCEPT AS PER SECTION 7209-SUBOINSION 2. ALL CERTIFICATIONS ~ 1) 765-5020 FAX (631) 765-1797 The ~oca!ion ~ welly and cessooo's shoia~ hereon are HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. O. BOX 909 Fro„ field obsrr Minns and or from ~cta nbro ^ed from others SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR ~'1 =TREE 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. F,r,7 SOUTHOLD, N. Y. 11971 1 Q~ \ ~ Jry~~~OFFICE LOCATION: ~~OF SOUfyO MAILING ADDRESS: ~ Town Hall Annex h~ ~Q P.O. Box 1179 54375 State Route 25 # ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) ' Southold, NY 11971 ~ Q Telephone: 631 765-1935 ~ Fax: 631765-3136 o~yCOU~,~~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ~ RECEIVED To: Leslie Weisman, Chair AUG ~ 7 7Q3 Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: August 26, 2013 Re: Coastal Consistency Review for ZBA File Ref. FRANK MARSILIO #6674 SCTM#1000-115-12-15 FRANK MARSILIO #6674 -Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's June 28, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 1080 Deep Hole Drive, (adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-12-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the policy standards and therefore is CONSISTENT with the LWRP. 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' Y,`~~ ~ 5~~;;`Y ~ COUNTY OF SUFFOLK RECENEl9 ~ AUG 19 2013 ~ ~ urn ~ \ ~ wf ~ ~ ~ BOARD OF APPEALS wS M Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment August 13, 2013 Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Ms. Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Marsilio, Frank 6674 7850 Main Road LLC, d/b/a The Blue Inn at North Fork 6675 Brenner, Steven 6676 William C. Goggins of 13200 Main Road Corp. 6677 Blattner, William 6678 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENNISON BLDG ~ 200 VETERANS MEMORIAL HWY, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NY 21786A099 ~ (632 853-5191 ~ ~ FORM NO. 3 RECEIVED • TOWN OFSOUTHOLD BUILDING DEPARTMENT ~ JUL 1 7 2013 SOUTHOLD, N.Y. BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: June 28, 2013 TO: Natalie Niemann (Marsilio) 26 Churchill Lane Smithtown, NY 11787 Please take notice that your application dated June 18, 2013 For permit to construct an additions and alterations to an existing single family dwellingat Location ofproperty: 1080 Deep Hole Drive, Mattituck, NY County Tax Map No. 1000 -Section 115 Block 12 Lot 15 is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII, Section 280-116B, which states • "All buildings located on lots upon which a bulkhead, concrete wall, riQrap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes asetback of+/- 72 feet to the existing bulkhead. Au re Cc: File, ZBA ' TOWN OF SOUTHOLD ~ BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT l Do you have or need the following, before applying? TOWN HALL ~tJ Board of Health ~OUTHOLD, NY 11971 ~ ~ ~ 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 • Survey SoutholdTown.NorthFork.net PERMIT NO. • Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Examined , 20 Storm-Water Assessment Form Contact: Approved 20 Mail to: ~ Nt~Q.I~L( 2.Vwt~ Disapproved a/c DISApII ~ N tewlavl,., ~1•(PyTV~ r--, ~ Phone: ~•31 ' q 22 ' Expiration , 20_ / CZ~.y`,~,~~~y~V.~(p~~y,+~.{,~,t ~~,,/7µ,~ Building nspe PLICATION FOR BUILDING PERMIT ~ U~ JUN 1 R 2(}13 Date ~ VyL(, 2O , 20~ INSTRUCTIONS a. This ~~~jT~ST be co pletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 ~ts c e. ee 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 Petmit [o Ute 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 any 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 $uilding 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. Na4 ~ N'. z~ .Niewta,~l A~rrl~~her (Signature of applicant or name, if a corporation) 'L(o (~utr~~,il(~-~F ~t.i hlun N y !I~$7 (Mailing address of applicant) State whether applicant is owner,l0ssee, agent, azchitect, engineer, general contractor, electrician, plumber or builder - Qt t~t~el•Pr,~- , ` Name of owner of premises ~r~y MS~['~vt~,l p (As on the tax roll or latest deed) If aC'~~ rs a `iporati~j~! nature of duly authhorized officer (Name and title of corporate officer) Builders License No. ~ ~I.~. Plumbers License No. '['.$•O _ Electricians License No. rt D Other Trade's License No. -1'. ~j. b 1. Location of land on hich proposed work will be done: /~~t~I~+C tX'l~re House Number- Street Ilarttlet.... County Tax Map No. 1000 SectionM ~ ~ ' `l~loc~ °"n Lot ` Subdivision ;Fal¢d~I~4a~p,No; ~<a- Lot 2. State existing use and occupancy of premises and rote d d use and occupancy of proposed construction: , a. Existing use and occupancy fiT ~ d ~I • b. Intended use and occupancy { 1 ~d ~1d.1.2 3. Nature of work (check which applicable): New Building Addition X Alteration c Repair Removal Demolitiion Other Work ,y (Description) 4. Estimated Cost ~ ~J•'b. _ Fee y( (To be paid on filing this application) 5. If dwelling, number of dwelling units { Number of dwelling units on each floor If garage,- number of Cars ~ ~ 6. If business, commercial-or mixed occupancy, specify nature and extent of Batch type of use. 7. Diil"iensions dt±•cxlstiit`g structure, if any: Front ~ I~_Rear ~o~f c5~ ~ Depth ~ t - t I Height ~ ~"~~.t~h-. , Number of Stories l _ it ( tt DiRneflas1dns tof sarne structure with alterations o~ additions: Front G ~ 1- $ Rear ~o~ Depth( - Height~l=E> Number of Stories C~ iyc,. cs ~ _ ~ ~ 4 t t. 8. Dimensions of entYre new ©onstruction: Front O Reaz Et101@ptfl ' ~~~J'-0 Height ~Q ~ ~ u Number of Stories 9. Size of lot: Front I17D' Rear~~'(Depth 22, 2 t . ~ t 10. Date of Purchase 2 20~ D Name of Fotmer Owner ~ tc~aellC ~(acitibi n o - Sc ar•I-r,~ crv 11. Zone or use district in which premises aze situated _~'ic~L~Lnr~a ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO_ 13. Will lot be re-graded? YES_ NO~WiII excess fill be removed from premises? YES NO_ 3SAnwa~dDl.e. Rd 14. Names of Owner of remises Falk N(x•4,1 {tf7Address C.N.e4 ~.cTl (72 Phone No.G°r'I-JB? - 2to93 Name of Architect ~t P,Ua,~~_ Addressa'i(~r~y 6(. ~,~'t,Fr~l one No ~3t • q 2 2 Name of Contractor P~• T7 . Address ~ 11•J$7 Phone No. 15 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. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on properly is aY 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES X NO * IF YES, PROVIDE A COPY. .~G STATE OF NEW YORK) SS: COUNTY OF) ~ e N i fwt ~~h being duly sworn, deposes and says that (s)he is the applicant (Name of iAAndi'_vidual signing contract) above named, (S)He is the /"tOle~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application aze tme to the best of his Imowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this -day of 20J3_ RITU PAWA Io • State o1 New ~'IV-oTary~ubl#C' - ~ N0. 01 PA6180535 Signature of Applicant Oualiflad in Suflolk Coun My Commtselon Expire x„' ,,~~ro7~ RECEIVED Fee: $ Filed By: Assignment No. ~ 2O I3 APPLICATION TO THE SOUTHOLD TOWN BOARD OF AI~~B~ OF APPEALS ~~,IARE1-A VARIANCE II HouseNo.I~ O Street~fit5 Yl~le VhlV2 Hamlet ~OU'~1O~Cl r~,q SCTM 1000 Section~Block~Lot(s) 15 Lot Size 21 q(~ S ZoneN_f ~~G~~t J I (WE) APP ~ L HE WRITTEN DETERMINATION OF THE BUILDIN IN PECTOR DATED 2 BASEDLON SURVEY/SITE PLAN DATED I3 Applicant(s)/Owne2r(s): ~ \N~ F~~ 1 gI I ~ " Mailing Address::/~~N1h~~e ~Br7~,~yVlYyia(il:~_N~ ~,~72J~ Telephone:~v~JI-3~i~-2b~ Fax: EmaiL•TFW?n1 t~oD'f'0/1It?lt'.• V1G~ NOTE: la additloa to the above. please complete below if application is signed by applicant's attorney, agent, architect, builder, contraM vend*ee,~ etc. and acme of person who agent represents: Name of Rnnep//rese~~ntccative: I V~"~l ~ N 6~`P."IM c"Lt/1V1 for ~ Owner (\),Oth1e/r: -y Address:4lo LilnUf(.~/4iII L~`~QCi ?vV1V ~1n~V1~IQiU~ -I (T F- ~~7g 1 I Telephone:~,3I-~22-~I Fax: Email: y~l-alit ~ tnt~Nn3V1vl d~s~gh yIJI U Please check to specify who you wish correspondence to be maUed to, from the above names: ( ) ApplicanUOwner(s), Authorized Representative, ()Other Name/ Address below: WHEREB Ti~ (BUILDING INSPECTOR REVIEWED SURVEY/SITE P, LA,w DATED and DENIED AN APPLICATION DATED 2 13 FOR: Sj(j Building Permit ( ) CertiBcste of Occupancy OPre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built ConstruMion ( )Other: Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Subsection of zoning Ordinance by numbers. Do ant quote the code.) Article: Section: Subsection: Type of A peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code, Article Section ( )Reversal or Other A prior appeal ( )has, 4(} has not been made at any time with respect to this procerty, UNDER Appeal No(s). Year(s). . (Please 6e sure ro research before comp[efing this question or call our office for assistance) Name of Owner: ZBA File# ~r~~~~ REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of [he neighbor or a detriment to nearby properties if ranted, because: -(GAG ~e~~- ~~ered~ f s ?raP~+i i~~ w ~~}-1.~ -I~e ov~ra~1~ ~~3~ ®~'~{a~Se w~,ld ~}avC ~ r'eNe~ 1hi~ ro~F bl{,~d5 w~-W~ >°,~Ci~~i~ ~iP i''~. 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: A 5 ~ x f~ ~e~ deg-I'- ~COv~.~~d ~orrl„ i S d~~ i ra~l~c ~ b~ w~ ld l~ w~ ~~e uu ~~~M.e~d~r,{~ . 3. The amount of relief requested is no[ substantial because: pt n ~p ~oX '{w~ ~ ~r-~ ~a~- °U,V~cro~n ?~?~e,~+~' i s V~e~->,tes~ w{~{~ a ~b~l 1S Ft~~- ~ u~~icl~ is a ~ r~a~~e ~ wla~l> 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: prop~d d e w~~~ ~e ~p . 5 s an-c ~ f '~'I CX6 ~G ~?WI e~` S ~/1 G Ir~-{.(.i ~~1 ~J2~i~ . _ 'I ~ L ~ ~ ~ ~ ~ ~ ~ fl l"~~a l S Inn f ~ ~ vV1~ ~ D\l2?TiI~- lbl S~ ~ . 5. Has t e al eged diffiwlty been se f created? ~ Yes, or { } No Why: -For a v~u,~ }i - u ~ ~.t w? ~1 ~ ©wv~er. Are there any Covenants or Restrictions concerning [his land? { } No { }Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect [he character of the neighborhood and the health, safety and welfare of [he community. ~ i!/'~ Signaturew/of A~_pplicant or Authorized Agent '~,,rr , I (Agent must submit written Authorisation fmm Owner) Swo fore me this ~ day af, 20..(~_. RECEIVEQ ~ JUL 17 201'{ Notary Public SERENITY NOELJUSINO ~ BOARD OF APPtFi~`= Notary Pu61ic -State of New York NO.OtJU6236127 Ouallfled in Suffolk C My Commission Expires S Flo (~'I APPLICANT'S PROJECT DESCRIPTION APPLICANT: I DATE PREPARED: l~~ 3 1. For Demolition of Existiug Building Areas 777777 Pleas describe azeas ing removed: wf ~ h S r 0 II. New CoustruMion Areas (New Dwefling or New Additions/Extensions): QI 1 Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): I ~ ~ I 2 Is basement or lowest floor azea being constru~ted~~ I+yes, please provide height (above ground) measured from natural existing grade to first floor: ~ - ~ ~2 - III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building azeas: umber pf Flgors and Genera ha<~cterist~os ~ F RE Alte bons: ~ ' l - Number of loors d Changes WIT Alter bons: - 5 I . IV. Calculations of building areas and lot coverage (from snrveyo Existing squaze footage of buildings on your oronert 2 S . l ~ CS ~I ~aAe~ Proposed increase of building coverage: ~ ST ~TD~POSG~ a ' S) Squaze footage of your lot: Percentage of coverage of your lot by building area: ° . . V. Purpose of New C nstruction: 'rs ' v ' ~n.t s . c S 6 V~d~ c~-i~'1~ ~ . VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Acre a o~ runs-hr' u c~;i~n i s re l a.~i ~ U -FI a~f" 'Sec S ~~k ~(av11 Please submit 8 sets of photos, labeled to show different angles of yard areas after staldn corners for new construction, and photos of building area to be altered with rd rB~CEIVED 42012 ~ JUL 17 2Ut', BOARD OF APPc:i~.._.~ • • ~ ~ QUESTIONNAHtE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes ~No B. Are there any pro o is to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there azeas that contain sand or wetland grasses? 'e 2 J Are those azeas shown on the survey submitted with this application? 3 J Is th~e QQroperty bulk headed between the wetlands area and the upland building azea'? Nfl 4.) If your property contains wetlands or pond azeas, hav~~y''o__u contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation ne^~ the azea of proposed construction at or below five Feet above mean sea level? I V ~ E. Are there any patios, concrete barriers, bulkheads or fences that exist that aze not shown on the survey that you are submitting?_~ O 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?w~ 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 precertificates 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? No If yes, please label the proximity of your lands on your survey. I. Please list p esent us~ or operations conducted at this parcel e ~l St1 YlQ1 SS i~~1 I ~ and the proposed use S' anMP . (ez: ezisting single family, proposed: same with ~g~rag~, pool or other) h~9~~H~-„~,!~~~' 1 ~ib~13 RECEIVED Authorized signature and Date ~ ~UL 1 ~ 713 BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This jorm must be completed by the applicant for any specie( use permi(, site plan approval, use variance, area variance or subdivision approval on property within on agricultural district OR wrthin 500 feet oja farm operation located in an agricultural district AU applications requiring an agricultural data statement must be refened to the Suffolk County Department ojPlanning in accordance with Section 23^9ym,,,~a1nd 239n of the General Municipal Law. 1. Name of Applicant: d't oril ~ 2. Address of Applicant: f' t 3. Name of Land Owuer (if other than Applicant): 4. Address of Land Owner: 5. Description of Propo e~ ^ _ ~ L_ I ,tI ~ ro3ecf 1V`p't`~ t~~ ~1/OYLE TY~I ~.l fi G~'1 1 ~~.I.t1 ~[7 S ~(1»~D6Y ~.W ICI s ~.i' ~ 6. Location o Propertrtyy road pn Tax map r number) ~ (7 R D UCCb 1-~~e t71rI VQ Sri ~ ~ ~ oc~ I?- ~ 5 7. Is the parcel wi[hi~-n 5 0 et 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 [o you by [he Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from [he Town Assessor's Office (765-1937) or from the Real Property Tax^Ofrfice located in Riverhead. NAME and ADDRESS , 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their fatm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments resumed to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 1n, I ~ RECEIVED ~j~~0 JUL 1 7 2013 BOARD OF APPEALS • 677.20 • ' Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted A licant or Pro 6`Ct S nsor 1. APPLICANT/SPONSOR 2. PROJECT NAME NATALIE NIEMANN R.A. MARSILIO RESIDENCE 3. PROJECT LOCATION: y~/ ^ I Munidpaliy MATTTTUCK Count' SUFFOLK lY 4. PRECISE LOCATION (Street address and road imersedions, prominent landmarks, etc., or provide map) 1080 DEEP HOLE DRIVE MATTITUCK, NY 11952 JUL 1 7 2013 1084.28 FEET SOUTH OF NEW SUFFOLK AVENUE 5. PROPOSED ACTION IS: New Expansion ModificetioNaRerafion 8. DESCRIBE PROJECT BRIEFLY: EXISTING 1959 1-STORY WOOD FRAMED HOUSE (1,540 SQUARE FOOT) W/ 1-CAR GARAGE. PROPOSED NEW 1- STORY 140 SQUARE FOOT ENTRY ADDITTON (WITH NEW BASEMENT BELOW), PROPOSED NEW MASONRY FRONT PORCH (70 SQUARE FOOT), PROPOSED NEW COMPOSITE DECKING REAR COVERED PORCH (141 SQUARE FOOT). 7. AMOUNT OF LAND AFFECTED: Initialy 400 SQ. FC. acres UlOmaley aces 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER F~CISTING LAND USE RESTRICTIONS? Yes No If No, describe briefly VARIANCE REQUESTED FOR REAR PORCH 3' ENCROACHMENT TO BULKHEAD 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industdal ~ Commercial ~ Agncufluro ~ PaddFOresUOpen Space ~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ~ No If Yes, list agerxy(s) name and permiVapprovals: TOWN OF SOUTHOLD BOARD OF TRUSTEES, ZONING BOARD OF APPEALS, BUILDING DEPARTMENT 1 t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No If Yes, list agenry(s) name and permitlapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL F~CISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicenVSponsor NATALIE NIEMANN, NIEMANN ARCHITECTURE P.C. Date: ~?j Sgnature: ~t~ l~f r^ 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 To lw~m feted Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate fhe review process and use the FULL FAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN B NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwnitlen, N legible) C1. Existing air qualtly, surface w grourMwaler qualify w quardiry, noise levels, existing traffic patrem, slid waste production or disposal, poteMlal for erosion, drainage w flooding problems? Explain briefly: C2. Aesthetic, agncuflural, archaeological, historic, or other natural or cultural resources; or community w neighborhood charadeR Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, w threatened w endangered species? Explain briefly: C4. A community's existing plans w goals as offi6ally adopteQ or a change in use or intensity of use of lantl w other natural resources? F~lain briefly: C5. Growth, subsequent development, or relatetl activities likely to be induced by the proposed action? Explain briefly: I RECEIVED C5. Long term, short term, cumulative, or other effects not idenlfietl in Ct-C5? Explain briefly: JUL 1 7 2013 CZ Other impacts (including changes in use of eAher quantity or type of energy)? Explain briefly: BOARD OF APPEALS D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED 7HE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CFA)7 Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (To t>a completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or oNerwise significant. Each effect should be assessed in connection wdh its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnkude. If necessary, add attachmeMS or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of sgnficence must evaluate the potential impact of the proposed action on the environmental characteristics ofthe CFA. Check this box Hyou have iderdified one w more potenfialty large w significant adverse impacts which MAY ocwx. Then proceed directly to the FUL EAF andlor prepare a positive dedaralon. Check this box ityou have determined, based on ttte infornaaon and anarysis above and arrysupporting documentation, fhatihe proposed action VYIL NOT result in any significam adverse environmental impacts AND provide, on altachmeMS as necessary, the reasons supporting this deternination Name of Lead Agency Date Prim or Type Name of Responsible r in Lead Agency Title o Responsible r tgnature o Responsible cer in Lead Agency gnature o Preparer (If differem om responsible o cer) ~ APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emolovees 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 necessa to void _sa~me. YOURYOUR N~ 1°tt J 1 I ~ o ~f~nk (Last nemq first name, meddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance ~ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicanUagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town otTicer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation) C) an officeq director, partner, or employee of the applicant; or D) [he actual applicant DESCRIPTION OF RELATIONSHIP RECEIVED Submitted this ~ dMay~lof JV L , 20 ~ 3 Signature „ ` I JUL 17 2013 Print Name F~^"k!~'1af7t~ta BOARIIOFgppEALS ~ AGENT/REPRESENTATI V E TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the oar[ of town officers and emolovees. The purpose of this form is to provide intormadon which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to arvoid same. ~ p ' ~ ' I o-~., • p YOUR NAME • IV I'P~~T V ~~I °L ~N ~}~1LU Ulrt~ ~ f G~ (Last name, Brst name, middle iNtlN, uNess you are applying in the Dame of someone else or other tlty, such ss a company. If so, indicate [he other person's or company's name) TYPE OF APPLICATION: (Check all that apply) Taz grievance Building Permit Variance ~ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any otTicer or employee of the Town of Southold? "Relationship° includes by blood, marriage, or business interest. °Business interest^ means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5°/. of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicantlagenUrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 that 5% of the shares of the corporate stock of the appflront (when the applicant is a corporation) B) the IegN or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corponNon) C) an officer, director, partner, or employee o[ the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP RECEIVED Submitted this day o { , 20 JUL 17 2013 Signature ~ Print Name N1lPVl~rw 1 BOARt) CiF APPEALS Town of Southold 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 prepazer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal 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 standazds and conditions. If an action cannot be certified as consistent with the LWRP policy standazds and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ~ RECEIVED ~ B. DESCRIPTION OF SITE AND PROPOSED ACTION (f~ / 1 ~ JUL 1 7 2013 SCTM# 1000 _ 115 12 _ 15 BOARD OF APPEALS The Application has been submitted to (check appropriate response): Towu Board ~ Plauniug Dept. 0 Building Dept. ® Board of Trustees 0 l . Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Existing 1,862 sf home (includes 1-car garage); proposed new 140 sf front entry addition; Nature and extent of action: proposed new masonry front porch (70 sf); proposed new composite decking rear porch (141 sf). The proposed renovation and addition to a one-story single family home is minimal. The style of the proposed wo wou en in wi e c ara er o e exis ing ome an existing neig nng omes, crea mg street and watertront conditions in character with neighborhood. The proposed rear porch is approx. 72 feet from bulkhead. Lot size 21,960 sf; existing lot coverage is 12.8°k, proposed lot coverage is 17%. Therefore a minimal increase of 4.5°k in lot coverage is proposed. r ~ -~(~1~~~~ Location of action: 1080 Deep Hole Drive, Mattituck, NY 11952 g 21,960 s ~ RECEIVED Site acrea e: quare feet (0.5 acres) Present land use: Residential /Single-family t 'JUL 1 7 2013 Non Conformin BOARD OF APPEALS Present zoning classification: g Lots 2. [fan application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant: Natalie Niemann /Niemann Architecture, PC (b) Mailing address: 26 Churchill Lane, Smithtown NY 11787 (c) Telephone number: Area Code ~31j 922-4041 (d) Application number, if any: Will 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 beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. ? Yes ? No ®Not Applicable The proposed work is minimal and not a substantial impact. Attach additional sheets if cecessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ?X Not Applicable The proposed work is minimal and not a substantial impact. C''.{// Attach additional sheets if necessary ~ 1 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 Yes Q No ©Not Applicable ~ RECEIVED The proposed work is minimal and not a substantial impact. JUL 1 7 2013 R(1ARh (1F ~PDF~I C Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria Yes ~ No ®Not Applicable The loosed work is minimal and not a substantial impact. 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 ®Not Applicable The proposed work is minimal and not a substantial impact. 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 LW1tP Section III -Policies; Pages 22 through 32 for evaluation criteria. Yes Q No © Not Applicable The proposed work is minimal and not a substantial impact. 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. ~p ? Yes ? No © Not Applicable ~ i2ECEIVED The proposed work is minimal and not a substantial impact. „ „ ARD OF APPEALS 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 The proposed work is minimal and not a substantial impact. 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. © Ye>? No ® Not Applicable Private property. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No ®Not Applicable The proposed work is minimal and not a substantial impact. 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 The proposed work is minimal and not a substantial impact. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Sectiou III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No © Not Applicable Existing residential property not for agricultural use. 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 The proposed work is minimal and not a substantial impact. ~c~~~ RECEIVED Created on 5/25/0511:20 AM JUL 1 7 X013 BOARD OF APPEALS ~ Board of Zoning Aaoeals Aaalication AUTHORIZATION (Where the Applicant is not the Owner) I, ~I^An~C /~~urS~ ~~o residingat3s ~}nn5ncic~a R~ (Print property owner's name) (Mailing Address) L:J ~.~tr t NY ~ I ~ T.f do hereby authorize ~ ~1 ~~In (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Fr~.,k Mars ~~l (Print Owner's Name) ~wtt~EIVEC' JUL 1 7 ?Oi:~ BOARD OF APPEALS - • IEMANN RCHITECTURE, p.c. 26 Churchill Lane, Smithtown, NY 11787 (631) 922-4021 email: NiemannArchitecture@verizon.net PHOTOS OF PROJECT SITE ~ ~ IO`~ Owner: Frank & Carol Marsilio RECEIVEC? t t site Location: ~ JUG 1 7 2013 1080 Deep Hole Drive Mattituck, NY ] 1952 BOARD OF APPEALS A_palicant Name: Natalie Niemann, R.A., (631) 922-4041 Date ahotos taken: September 25, 2012 NEW SUFFOLK AVEINUE I W ~ ' ~ L 1 1 i-,., ~ - < 4 . ~ i `f~~ - Y ! i q ,fj ~ OGCk ! ~.I 1__'I J rAWiPNE I~ PFSiOENLE - P e.~- e, - ~om X socv ~ 2 ~ ~=(NJCRF$ v~ ~ I ~ ~VNCRETE CUR6 1 i7 ~ E~nfIG ~ I ORAYt1 DR/YEW4 ~ I w NALLr 7 1 h. ~ L. __.______-_____r_ ~1.. 1~ ROW !+F EY[RGREENS c~~~-, PHOTO KEY MAP C-1L'J' Not W Scale • • b Y ~ s ~ . ~..,sik ' , f F',~R '~a'I) ~ . . ~ t . _ ra~.t _ it R i ~ ti - ~ . ~ ~ ~ . , , °a~ _ , ~!r ~ ~ _ 1 :s y E `Y , , _ . , _ _ ~ ,I;. - ~ _ _ ~~t r, r - n. ~ _ _ _ Photo _ F . - ~ 2 '1~ ~ JUL 1 7 2Ul:i 3!1ARn OF APPEA~.~ • • f , r ~ .iq ~ ~ a'~ ~ +rrc s~ - . iP;' , ~ w h ~ - - , - ~ ¦ ~ r ~ ; .~"'~4 _ ~ ~ Photo 3 ~ ~ `mss ~ _ .7 ` , ;w e Y" t' _ F_ ' ~ ~ ~ 4 - s Dais: - _ , ` ~ , ~k.5.r=. ` _ f y a. 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' ~ 1 _ - ~ -a ~ A„ { SFr i' " ~ _ ~ i~ i R ~k t c 4* r ~ ;i?t y +Y Y S" ;1 ~ti ~ fr -..ate S ~ u~ +i - x ~ k ~ ~ s . k: _ South (n„t in k~'J' photo p . ~ h; ~ ~r.~ i ~ e t Y q.. s ~ yr_ t ~ ~ _ , _ s y~ / y i~ ~ l~ f 4 g 'fie fin. ~ ~ ' ~ ,R, Z ..C }}S 4a~~'«'' i..y Po~~ -'A ~1 t~ a~yi 4 ~'Sa k' ` S-. ~ ~ a oat in key` pi~~~tc, ~rictp) {~,uut+??~g :north ( ~30AKi~ 0~ ~,1ree# V yew • • ~ IEMANN RCNITECTURE, P.c. 26 Churchill Lane, Smithtown, NY 11787 (G31) 922-4021 email: NiemannArchitecture@vet-izon.net PHOTOS OF PROJECT SITE -STAKING (date taken: November 25, 2U12~ Owner: Site Location: Frank & Carol Marsilio 1080 Deep Hole Drive Mattituck, NY 1 1952 Applicant Name: Natalie Niemann, R.A.. (631) 922-4041 - t !MI"' - View looking u - East from existing bulkhead (future proposed rear E. ~ ~ porch location). -sr FCEIVEC' ~ , ,t ~ % ~ T 172013 r::v,~~ A ~ ~ ~i ~e ryi4 4 I FZ CAF APPEA!_ -1.~.,~ ..,;fir ~ ` , Afr ~ ~ . . _ ....n. - View looking - - West from future proposed rear , ~ : ~ ~ „ ~ y . ~ ~ r ~ ; porch edge. ~ ~r~' S~ , ~ P<~% • - ~ Far view lookin at ~ ~ g " ~ ~ ~ Northwest stake. i t ~ - ~ , 4 ~ ~ y: ~ ~ Mid view looking _ ~ , at Northwest stake. ~ "mow..-... . L 31r.. /lJy/ 1~ p•1 tomy. { ' nY .{i'4,L ~ _ Ctoseup looking at L Northwest stake. '~f. ~..Y.. :i :i 4y~ zr• ~tECEIVEC~ ~i ..f . ~ ~ b , c e 1 _r I c ` • t~. ~ ` .ry. ~ Far view looking at . ~ :..rte".. w;~;,~~~,~R,~ ?n ~ Southwest marker. a.. 4 «,'4n s Y„ S ~ ~ ~ ~ ~ ~ :r~ ~ - ~ ~ " ~ - ' i 4 4 ~ u Mid view looking at _ ~ - . , Southwest marker. ~ - - - _ ~ ~ ~ e4 * ^ 4 ~ M1 ~ ~ x j~~ ~[Y~ S k ~~a yy< \ W' 4 ~ - r ~ t /Y .a,~ - ~ti Closeup looking at _ ~ Southwest marker. a ~ s~ ~ 1 7 201? P~' e~~ ~.y~,~ d}~ ~ 1a~ ~ ' ~ i r ~ l a ms's i~ s+x~~~ . FOI[M NO. 4 / • • TOWN OF SOUTHOLD BUILDING DEPARTMENT i TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No...Z..355 J 2$ 59„ Date 19... THIS CERTIFIES that the building located at.. WIB...p~P~?~.DrSq,4 Street Map No... Block IVO.. ..............LOt No... htAttltnake.... N f~.•....................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ~.lf...... u............, 1959...., pursuant to which Building Permit No.. $67'.g.................. doted ~Y.......~......., 19..x`9.., 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 Private one. family..dtre111n~ This certificate is issued to ...s793W9fi..A1,°,.OTA6~.......~.A4£T1F.J:~ (owner, lessee or tenant) Iz. of the aforesaid building. Building Inspector ~ ~ RECEIVED JUL 17 "t013 BOARD OF APPEALS FORK NO. 4 TORN OP SOUTHOLD BUILDING DEPARTMENT i!" office of the Building Inspector Town Hall Southold, K.Y. CERSIPICATE OP OCL9PAEC7 No 2-25163 Data JULY 30, 1997 THIS CSRTIFIE9 that the building ADDI?IOM 4 ALTERIITIOY Location of Property 1080 DBBP HOLY DR. MA1RI?OCE, Y.2. House No. Street Hamlet County Tax Map No. 1000 Section 115 Block 12 Lot 35 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed In this office dated SEPT. 22, 1970 pursuant to which Building Permit No. 4967-E dated SEP'fElBBI! 22, 1970 waa issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTER YIIS?IE6 GAYEGY IYTO B7lHI?AHLE ROOK, i liEY GARADB ADDI?IOE TO SEISTIIIC OYE 1AMILI DYELLIYO + The certificate is issued to SLSIE DI~9 (owner) of the aforesaid building. SUFFOLR COUNTY DEPARTMENT OP HEALTH APPROVAL E/A UNDERWRITBRS CBRTIPICATE RO. M/A PLUMBSR9 CERTIFICATION DATED Y/A~ +THIS OPDATES CO 5-4091 ISSOBD OY DEC. 21. 1970. ui inq\Inepector RECEIVED Rev. 1/81 JUL 17 2013 BOARD OF APPEALS _ r ~ 3.- Nature of work !check which applicable):` Buildira Addition A~bn . Repoit Removal Demolition.................. Other Werk (Describe) , 4. Fstinwted Cost ...J.1~L100....._......_ ...........................Fee .......'~aOQ..........._................................._...._.................... (to M paid an firing this oppikotion) fir. 5. If dw~liing, mxnber of dwallirp amts .........V,AlI............Number of dwallirg unity on each fbor If garage, number of mra b. If business, commerekl ar mixed occupancy, specify nafuro and extern of each type of use 7. Dimensions of axhtira stnt[hrrsa, if ory: From Rear Depth . HaighR Number of Stories Dimsnions of some structuro~with aiterationa or addittora: FrorM Rear - Depth Height ..._.._...................Numtrr of Stories 8. Dimerrsiar of entiro new corMntetion: Front Rear Dapfh ...~~.2~........ Height Number of Storks ....OLri......._......_...........__....._.................................................................. 9. Slu of lot: Front Rear Depth 10. Date of Purchnss ..................._......_...........................Name of Forrnar Owner 11. Zone a ass distrkt in which premises on situated ..._...!!16..jy~fr._...._......._._ 12. Does pgwsed corgtnMlon viols ~ law, ordinuxe or regulotbn? ...............IIO........................................ 13. Nome of Owner of premises ~ .................Addrou ..1l~Tr.Ll*rYCY.........._.:...... Pharr No..................... Name of Arrhihct ......................................................Address Phone No..................... Nome of Ca+tractor ..._Et..~.,~~ ............................Addrax .._...~~iti~.~{IGk............... Pharr No.................... PLOT DIAGRAM Locate clearly and distinctly all bui~Qs. whether existirg or proposed, and indkote all sehback dimensions from property line. Giw street ord bloEk number or description according to dad, and show street names and indicate whether intarkr or comer lot. ~~~r ~~1NQ ~7Q~N ~ _ t 1'r h ~r -yv?`./ rb' 1 ~ (dv~ ,ly RECEI ED - JUL 1 2013 BOARD OF APPEALS STATE OF NEW YgRK t ~ ~ ~ J COUNTY OF utfatk..._...J ........................_.._..Rdl[••1b~.Si........:.................................Mira duly sworn, depoas and soya that M H the applkanf (Nome of individual stp+irq applkation) above nomad. Hs k the ....:........OAIILrLCSOA (Camroctor, agem, corporab offker, atcJ of said owrrr or owners, and is duly authorized to perform or haw perfortnd the said work and to make and Hk this applkotfon; that all statements contained in this application ore ttue to tM best of hh knowledge and Mliaf; and that the work will be performed in tM manner set froth in the applkofian Rlad tl+arewkh. ( to before rM MiS of .9np 19....~p / •~~fa~~Sigtatura of oppikmtt~, / ElaMFfe elal M t 0 tlafY~at tU10.1C. Sea a ttra Tat ra. sxafnas, srrrris ' J"s-'.If9M~IrrX 9°' "fir[ . tom,! q~,y/>o art P~~-. ;;r;;i.~ • ~ I~~" ` tl ~ • .oos tia ~ o row~t a so(rtxotu ~ ~ ~ Z imLrDnia ov~atRto+T alr~~ `n souTNao, N µ~,ypc.c EAOmined....~.~.~......., 19~~ Appliodlon Na. i I 7 APp~awd 19..`.... PemJt .Q I: r L tt/ asopptaM.d oh 0 ' c. o ._`.if„Italnp t o AI!/LICATION f0~ ~VfLOIIIQ MiRMIT tp O, Dan .....:.............iAfAL.......22............., 19...RO..... INSTRUCTIONS +~i) I anspectaM applkotlon must 6e camPbny flllb In by typswrita a in Ink and wibmlttad In dupllcato ro tM BulkBnp'=d b. Plot pbn dwwirq laeotton of lot pry of bu an pnm(+M. [slatlanthy toad or gblk struts er ~ anon, acrd p np 8 dkfdbd dweriptlen el liyat af(p~irfy must ba drawn an tlr dlepran~~ of !IY epplbatbn. ^I c. TUpMonwork eovwnd by ehb applkatlon mry ~no~t ba ~Onmanead- bakn IsM~alw of luUdlnp PwtMt. shad ba IuDt m tM w~~ far k~itpa~Mlon Ilniwp~haut tM Ipro~praowae~k It to tM apPikant Such Drmit e. No bulfdlnp slwll M ouvplW ar uwd M whole or in paR fa any purpasa whotfh? until o CMlfk~ of Oauponcy II have bens prannd by tM ildlnp Inrpector. l" APPLICATION IS MBtEBY MADE ro Nu t]ulklkq~ment for tM bwauo of o ttulkitq Parmlt puwuoeM ro tM 8uildl~np Zone Ordfnaneo of tM Town of County, Nhv York, and afrr appllcablo ~~Al~ea. a Rapulatlons, for tM carotructiat of buildIrp~r~pss,, ad~tkra or altarotiom ar for nnnpwl a d~molltbr{, pp tNsabad TM applka/M oprus ro campy wdth all aPP(kable lows, onllnoneu, ~ulldirq coda, housirq coda, and r~. (Slpnetun of applkaiM, a noma, 1/-e oa/poroflpJ ..............YNI1xllxxeek............................................................. (Address of applkoM) Stan whafMr applicant is owner, lessu, agent, an:hlfect, enplneer, penerol ca+traetor, electrkbn, plwnbar or !Wilder. ......................................................~iA1Ltl'UCt.RU........................................................................................._.................. Nome of owner of prembes ..Z...ltalsona - it applicant b o carparan, sipratun of duty auflgrlsed offlnr. (Name and title of eorparon offlar) i. locotian of lad an whkh ProPasad work wilt M dme. Map No.:.........~ Lot No.: 3Z................. Senet/~/N4,=be./~80 ~ o~..~~..~..........1(abtd:taelc....~~11M / 2. State existing uss ord aauponcy of pnrNm and Inrsrdad uu and occupaney of propped ca~ttc}lan;~~ a. Existing use and occupancy ay.~~.~.~1L . p~ Py. `y t~ 7 KCI.~I V EU'•_.• b. Intended use and otcupano ......~#AIf..1[ittL..aa..~,dditi.oa... . . ~uL 1 ~ 203 _ _ BOARD O~ APPEALS _ /!,f • • ~i r Q ,Y , Y h Z W y ~ I M c. / / !4 r b / ~ ~1 i~ 'U ~ S-B7°/9 ~20E. 23s. OO ~ ,r ~ ~ I ~ r ~ n s~ o lil ~ j ~ 0 ; - !!r' - - u J W o 0 1 2 a ~ ~ cti ~ ~ ~ N 0 a ~ ~ 1(; z _ ~ ~ W r,, W ; ~ O N. 69°! 24" 245.00 1.~ ~ ~ .t a ~ ~ /2 orb b ir>~s ~ ~ ~ - ~k °)VlA~t2 OF LOTS r° 7- ~SC//CVEY.60, Rye 4' ` JA/1>fES 'D.' ~ D DONS - AND / _ /n~ ELS/E ~/GOALS ~i" (fl u~ T ~ f2ECEIVEC M/4T T /TUCK S(/FFOLK COUNTY N-.Y• ` JUL 1 7 2013 sco/a so'~!" BOARD OF APPEALS Guoranfesd ~ fhe Southo/d Savings-Bank and to the /aster County Tt/e !ivora/~7y and Mortyaye Co.r/vars~JOSSUrvay64?c~nG 9~ /9S9 a . Fr,o„ument Ot/o YV• 1~4n 7Ly/G~ Son o r %rGn pipe `Yh". L icanscd Land Suryoyo~s GraenPort, N. New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SONY ~ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (831)444-0368 Fax: (631)444-0380 - Website: www.dec.nv.aov Jce Martens Commissioner June 10, 2013 Mr. Frank Marsilio 35 Annandale Road Commack, NY 11725 Re: Permit No.: 1-4738-01717/00006 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 821) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. S~erely, ~ Laura J. Scovazzo Permit Administrator LJSlIs ~ RECEIVED JUL 1 7 2013 BOARD OF APPEALS so-zai lava-ea New .York State .Department of Environmental Conservation ~ ~ The Department of Environmental Conservation (DEC) has issued permit(s). pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved .and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please .refer to the permit number. shown when contacting the DEC. Regional Permit Administrator • Permit Number ROGER EVANS .Expiration Date r_I ~ao~~ ~ RECEIVEr JUL 1 7 2013 NOTE: This notice is NOT a permit LS ' NEW YORK STATE DEPARTMENT O• NVIRONMENTAL CONSERVATION • Facility DEC ID 1-4738-01717 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: FRANK MARSILIO MARSILIO PROPERTY 35 ANNANDALE RD 1080 DEEP HOLE DR~SCTM 1000-1 IS-12-1 COMMACK, NY 11725 MATTITUCK, NY 11952 / " (631) 387-2093 /yl' CY~~ Facility Application Contact: ~ RECEIVEL, ~ i NATALIE NIEMANN NIEMANN ARCHITECTURE PC ~ JUL 1 7 2013 26 CHURCHILL LN SMITHTOWN,NY 11787 BOARD OF APPEALS (631) 922-4041 I Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Mattituck Facility Principal Reference Point: NYTM-E: 709.278 NYTM-N: 4540.623 Latitude: 40°59'23.8" Longitude: 72°30'43.5" Project Location: 1080 Deep Hole Drive -Watercourse -Deep Hole Creek Authorized Activity: Construct additions to existing dwelling. All authorized activities must be in strict conformance with the attached plans stamped NYSDEC approved on 6/10/13. j Permit Authorizations Tidal Wetlands -Under Article 25 Permit ID t-4738-01717/00006 New Permit Effective Date: 6/10/2013 Expiration Date: 6/9/2018 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: LAURA J SCOVAZZO, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK~50 CIRCLE RD STONY BRI~OK, NY 1 l~ -3 Authorized Signature: G~%~=~ ~ ~D",/~_ ~~~U Date ~ - Page 1 of 5 NEW YORK STATE DEPARTMENT. NVIRONMENTAL CONSERVATION • Facility DEC [D 1-4738-01717 Distribution List NATALIE NIEMANN Habitat - TW LAURAJSCOVAZZO Permit Components ~ (f)~ NATURAL RESOURCE PERMIT CONDITIONS ~ RE. JUL 1 7 ' GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS BOARD OF APPEALS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS -Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepazed by Natalie Niemann last revised 3/26/13 stamped NYSDEC approved 6!10/13. 2. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 3. State May Order Remova( or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazazds caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. Page 2 of 5 NEW YORK STATE DEPARTMENT. NVIRONMENTAL CONSERVATION Facility DEC ID i-4738-01717 a. State May Requve Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Envirormtental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 5. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 6. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 7. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, [he bottom portion of the form must also be signed and returned, along with photographs of the completed work. s. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from ~ construction of this project shall be completely removed from the adjacent area (upland) and removed to i an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer aeeas. 9. Seeding Disturbed Areas All areas of soil disturbance resulting from the approved project shall be stabilized with appropriate vegetation (gasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. [f the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the azea shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. lo. Long-term Plant Survival The 700 square foot buffer shall be planted with native shrubs and the permittee shall ensure a minimum of 85% survival of plantings by the end of five growing seasons. If this goal is not met, the permit holder shall re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved by the office of Regional Habitat - TW ii. Area of Disturbance for Structures Disturbance to the natural vegetation or topography greater than 25 feet seawazd of the approved structure is prohibited. 12. Straw Bales or Other at Tidal Wetland A row of staked straw bales or approvable erosion control devices shall be placed at the landwazd edge of the buffer azea or as per NYSDEC approved plan lineaz feet from the tidal wetland boundary, or as per the NYSDEC-approved plan, prior to commencement of any regulated activities and remain in place and in good, functional condition until the project is completed and all disturbed areas aze stabilized with vegetation. 13. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 60 linear feet landwazd of the tidal wgtland >~qutt~Y ~ im iate on-site rechazge. ,t~~ r jUL. ~ ~ ZO)3 Page 3 of 5 W BOARU OF APPEALS ' NEW YORK STATE DEPARTMENT•ENVD20NMENTAL CONSERVATION • Facility DEC ID 1-4738-01717 14. No Changes to Septic System This permit does not authorize any alteration, expansion or replacement of existing septic systems. GENERAL CONDITIONS -Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Enviromnental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. z. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applicatioes For Permit Renewals, Modifications or Transfers The permittee must submit a sepazate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer aze to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK~50 CIRCLE RD STONY BROOK, NYl 1790 -3409 a. Submission of Renewsl Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: / a. materially false or inaccurate statements in the permit application or supporting pa~; RECEIVE/0 b. failure by the permittee to comply with any terms or conditions of the permit; JUL 7 ' ~ c. exceeding the scope of the project as described in the permit application; Page 4 of 5 BOAKu C" ' NEW YORK STATE DEPARTMENT~ENVDtONMENTAL CONSERVATION • Facility DEC ID 1-4738-01717 d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits aze transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTTFICATTON OF OTHER PERMiTTEE OBLIGATTONS i Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not incompliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittce is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party [o the permit. RECEIVED JUL 1 7 2013 BOARD OF APPEALS Psge 5 of 5 - , , _ , , TOWN OF SOUTHOLD PROPERTY RECORD CARD r, _ OWNER STREET ~ r'1 VILLAGE DISTRICT SUB. LOT ~ l r l / YYI~X.~iI) O - ~w/~ ~ ~/2~~~~-!rte /~Ese.t-'! /3~ J FORMER OWNER N E A REAGE ~ 1 C D c / Y ~ -1~i~ SCGV UZZi•~ uJ S W TYPE OF BUILDING J f , ~ . ~i'- ~ Ya L f7,vo/~ / 1 _ l ,fi~a i- cr/~~.. ~ RES. Z~p i . 1 SEAS. VL. FARM COMM• IND. CB. MISC. LAND VV IMP. TOTAL DATE REMARKS ~,~~,Yl~~- ~C, 7~ ~ /f,~ ~a~ ~ I ~y 0 G/c^C`' G1 rS ~ / PAL) S ' ~o /1/! G~~,t,"ti.c.~-- c,/,r y ~ J J ? ) .S ~ l) J ~ ~~"~t~ ~-,ryc~~ ~t G p,: / ~Gf to 1/~ h./NEW NORMAL U LDI B LUIW/`~ABOVEr /5/^s 'i c; ~c' ~'1 `IL ~;~L ~ v. l? L c' ~ /5a, 4 ~ ~ Farm Acre ~ Value Per Acre Value ? q7_ - n ZZ, Tillable 1 ~ j ~ /p p ~ ~ Tillable 2 i ~ ~p ~s~ Tillable 3 J.!' i(. ~ _woodlond ' ~ say i is a fozz~~~~'~~ ar ~u•- ~ G Swampland ~ S ~ _ ~ { ~ _ a Q' !n- SCar`tozZr' > ttY"S~'ro '7l-f ice BrusF;'a ~ ~,ECEIV House Plot JUL 17 2013 _ - - Tota I ~ 1.~,, ~tf}r {~r . f.~, ,r 115: 12-15 10/10 M. i a / ~ ~ , ~",(S " ~ Foundotion I C Jj"-' Both 2 Exte on = ~ ~ 3 d d Z~ 6 Basement Floors ' ~ti~~( Extension Ext. Walls L,~t~, „ ~ Interior Finish , Ext 'on Fire Place ( Head Cd !/i Y;""° ~ ° off' ~ ,25 S3 y Porch Attic 021 d <u~t,~ ~°I'~ Porch Rooms 1st Floor POGk p01 Z 3$~ Breezeway Patio ? t,/.~ ~ ~ Rooms 2nd Floor Garage Z X,/y _ 6 d Driveway O. B. ~ ~ 'r a ~ io~os X183 O~OgUFFO[q-c0 ELI7.ABETH A. NEVILLE, MMC h~ l/y Town Hall, 53095 Main Road TOWN CLERK ~ ~ P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS wp • Fax (631) 765-6145 MARRIAGE OFFICER 'y~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER Oj ~ ~,a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 22, 2013 RE: Zoning Appeal No. 6674 Transmitted herewith is Zoning Appeals No. 6674 of Natalie Niemann for Frank Marsilio - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Frank Marsilio to Natalie Niemann to Represent them in this Matter, Notice of Disapproval from Building Department Dated June 28, 2013, Copy of Receipt from Office of Building Inspector Dated June 28, 2013, Copy of Application for Building Permit Dated June 20, 2013, Copy of Survey with Disapproval Dated January 4, 2013, Copy of Survey Showing Existing & Proposed Construction Dated January 4, 2013 Prepared by Peconic Surveyors, P.C., Eleven Pages of Photo Site Plan and Photos, Copy of Certificate of Occupancy No. Z 355 for Private One Family Dwelling Dated July 28, 1959, Copy of Certificate of Occupancy No. Z-25163 For Alter Existing Garage into Habitable Room & New Garage Addition Dated July 30, 1997, Copy of Application for Building Permit Dated September 22, 1970, Copy of Survey Prepared by Otto W. Van Tuyl & Son, Seven Pages of New York State Department of Environmental Conservation Permit Dated June 10, 2013, Copy of Property Record Care (Nine Pages of Plans Showing Floor Plans, Elevations and Sections Dated June 20, 2013 Prepared by Niemann Architecture P.C. ***RECEIPT*'** Date: 07/22/13 Receipt: 156277 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6674 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Pald By CK #156 $500.00 Marsilio, Frank Name: Marsilio, Frank 35 Annandale Rd Commack, NY 11725 Clerk ID: CAROLH Internal ID: 6674 t {j~A +M d~M R r m.f ) ti. F ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/19/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6674 Marsilio, Frank 156 $500.00 E- 156 mo FRANK MARSILIO ~ ~ ~ 35 ,wrl,wDU..e RD. .~~:r , f rE 7~~r r3 COMMACK. NY 11725.1748 ~ 'a* x z&~'.~ ` ~1( 1. oaoeaa _ ~ ~ ~ w" oouµs ~ >r CHASED . 1~yy~ p~ Nnk NA IISn WM~N/N 1b1c 10017 ~ /.~.t.~ Y ,~,y,G,rs.cam kZ~'v MFMO $500.00 By _Ic_ Thank you. BOARD MEMBERS • • • .Southold Town Hall Leslie Kanes Weisman, Chairperson ~~oF souryo 53095 Main Road • P.O. Box 1179 ,~O l~ Southold, NY ] 1971-0959 Eric Dantes * * Office Location: Gerard P. Goehringer H ~ Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~~ifC~~~ Southold, NY 11971 http: //southold[own.northfork.ne[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 5, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 5. 2013: 11:20 A.M. -FRANK MARSILIO #6674 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's June 28, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, located at: 1080 Deep Hole Drive, (adj. to Deep Hole Creek) Mattituck, NY. SCTM#1000-115-12-15 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothCa2Town.Southold.nv.us Dated: August 12, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httn://southtown.northfork.net August 12, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, September 5, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before August 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If anv letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner to the best of vour ability and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible: AND not later than August 28th: Please either mail or deliver to our office your Affidavit of Mailin (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the perrnanent record as proof of all Notices. 2) Not Later August 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before September 3, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARSILIO, F. # 6674 SCTnn # : 1000-115-12-15 VARIANCE: BULKHEAD SETBACK REQUEST: ADDITIONS 8~ ALTERATIONS DATE: THURS., SEPT. 5, 2013 11:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • G) \M1\ •1. • • ,``rv M ~ tea: ~i #11318 Iw STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 29tH day of August, 2013. r rttz~-_ ~t,l,t~ Principal Clerk Sworn to before rnP +hi~ _ ~ day of 2013. 1045 AM - WI I M .O ' GINS of 13200 RAIN ROAD CO P LEGAL NOTICE #bG77 - Request for Variance from SOUTHOLD TOWN Article X Section 280-0SC(f) and the ZONING BOARD OF APPEALS Building Inspector's 3une 5, 2013 Notice THURSDAY SEPTEMBER 5,2013 of Disapproval based on an application PUBLIC HEARINGS for building permit to wnvert a dwell- NOTICE [S HEREBY GIVEN, par- ing to two apartments and office space, suant m Section 267 of theTown Law and at: 1) [he proposed apartments will com- Town Code Chapter 280 (Zoning),Town prise of more than [he code permitted of Southold, the following public hear- maximum 40%ofthe principal building, CHRISTINA VOLINSKI Inge will be held by the SOUTHOLD located at: 13200 Main Road Mattituck, TOWN ZONING HOARD OF we- NY. SCTM#1000-114-11-9.1 NOTARY PUBLIC-STATE OF NEW YORK PEALS at the Town Hall, 53095 Main t1U0 AM - MA F N B ATI= No. OIV06705050 Road, P.O. Box 1179, Southold, New NER #6678 -Request for Variance from York 11971-0959, on 1'I-IURSDAY SEP- A~We XXIII Section 280-124 and the ~1UOIIfl9d In SO}tOlk CoUftfy TEMBER 5, 2013: Buiding Inspector's June 20, 2013 No- My Commisslon Expires febm°ry 28, 2016 m•m a M - FJ i FN HRENNER [ice of Disapproval based on an apphca- T #fi676 -Request for Vari- tfon for building permit for an "as built" antes from Article XXDI Section 280- deck addition m existing single family 124 aad [he Building Inspector's lone dwe8iag: 1) less than the code required 20, 2013 Notlce of Disapproval based rear yard setback of 50 feet, 130 PM - STEPHEN LICATA The Board of A on an application for building permit located at: 29i Shore Lane Peceniq NY #b679 -Request for Variance from Ar- PPeala wi0 hear all [o construct second story addition and SCTM#1000-g6-1A.19 title XXII Code Section 280-116(B) Persons or their representatives, desir- atio addition to existin sin a famil ing to be heard at each hearing, mdlor dwelling: l) less than the oode~required 1120 A M. -FRANK hLARCILIO based on an application for building per- desiring to submit written smtements minimum front and se[buk of 35 feet, N6674 -Request for Variance Gom Ar- mil and [he Building Inspector's June 28, before the coadusion of each hearing. 2 less than the coder aired minimum hde XXII Code Seth°° 280.116(6) 2013 Notlce of Disapproval concerning a Each hearing will sot start earlier than eq based pn an application for building per- permit to conswm additions and alters- deli ated above. Fda are available for rear yud setback of 35 fee[, 3) less than mi[ and the Building Inspector's June [ions [o an existing single family dwell- the cede required minimum side yard 2g~ 2013 Notice of Disapproval concern- ing, at; 1) proposed construction at less review during regular business hours xtback of 10 fett, located at: d0 South ing a permit [o constrttci additions and than [he code required bulkhead set- and prior to the day of the hearing. If Laae(Oak Court corner OW Orchard you have questions, please contact our ( alterations to an existing single family back of 75 feet, located at 670 Old Salt office at, 631 765-18(N, orb e Road) Ens[ Marion, NY. SC1'M#1000- dwelling, aC; 1) proposed wnstrvetioa Road (adj. to Peceaic Bay) Mattituck, Rcki.TOth~TTOwn.Sou[hoM.n us 37-6~3 at less than the code required bWkhead NY. SCCM#1000.144-5-13 Dated: ust 15,2013 y 10:20 A M. - FORI~HAM HOUSE. setback of 75 fee[, located at: 1080 Deep 1_50 P.M. - 7850 MAIN ROAD. L.LC ~ L~C~#~i Q -Request for Variances from Hole Drive, (adj. to Deep Hole Creek) d/b/a F B . iF NN at NORTH TONING BOARD OF APPEALS Article N Code Scetion 280-18 aad Ar- Mattituck, NY. SCfM#1fp0-115-12-15 FORK #6675 -Request for Special LESLIE KANES WEISMAN, CFIAIR- [icfe XXII Code Section 280-116 based 11:45 A M - MICHAFI a d lA Exception per Article VII Section 280- PERSON on an application for building permit WIT FR #6670 -Request for Vari- 35(6) to expand the torten[ restaurant BY:Yeki Toth and the Building Inspector's Iuly 24, ance from Article xXll Code Section use to include being open to the pub- 54375 Main Road (Office Location) 2013, amended August 6, 2013 Notice of 280.116(B) based on an application for liq enclose existing patio and surround 53095 Main Road (Maihng/USPS) Disapproval wncerning a permit to con- building permit and [he Building In- with a 3 12 foot wall located in a Resort P.O. Box 1179 strut[ a new single family dwelling, at; l) spector's June 13, 2013 Notice of Disap- Residential (RR) District, located at Southold, NY 11971-0959 proposed construction at more than the proval concerning a permit to construct 7850 Main Road and Orchard Lane (aka 11318-IT 829 code maximum height of 212 stodes,2) additions and alterations to an existing Old Orchard Road) East Marion, NY. lot coverage more than the code permit- single family dwelling, at; 1) proposed SCTM#10170-3t-6-17.2 fed 20%, 3)less than [he code required construction at less than the code re- lOD foot setback from the top o[ bluff, quired bulkhead setback of 75 feet, lo- located ae 5205 The Long Way (adj. to cared at 6635 New Suffolk Road (adj. to Long Island Sound) East Marioq NY School House Creek) New Suffolk, NY. SCTM#1000-21-5-11 SCI'M#1000-117-5-24 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS lY) j~/Z Sl L( 0 SOUTHOLD, NEW YORK ~ ~ ~ AFFIDAVIT OF Intyt-he MatLLter oAf~the Application of MAILINGS (-fin I\ 7" ~ fn fS ~ ~ ~ ~o (Name of Applicants) SCTM Parcel # 1000- L I 12- I S COUNTY OF SUFFOLK STATE OF NEW YORK I Frti~kMarS~l:o residingat3Si1.~n4nds14 T2~~ ~'"'"`uEi'~Y~r'7t; New York, being duly sworn, deposes and says that: On the ~ 6 d~ay of av~sl~ , 2013, I personally mailed at the United States Post Office in r ~k~n vl ew,/U r ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners~hown on the current assessment roll verified from the official records on file with the Assessors, or ( )County Real Property Office for every property which abuts and is across a public or private street, or vehiculaz right-of--way of record, surrounding t applicant's property. ~a~,~, (Signature) Sworn to before me this Notary Publ cE siece°° oj~, yo,~ 3 ay f ~ No. otwo6og272a QualMed in Suffolk county Commisslon Explrp a, 2034 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 17C7C7'- r I~ (3 ~ G - 5cvfi'f ~ ~i~~r:+r Mq I'f'i~~E~ N ((~j~'t Imo- rt1-12-~ti ~-v~~k,:.e 2$ ~.d~l.ei's G~«, D~,~ lo~.~_ s--12- Lb ~ ti FYI c ti r; t ~wfr~c:4 Mele l l~ o F!J l e~ r~ vt M ~ ,I're' fi,t,E ~ it,. l(f'J~L (~d.~- 123 -n3- Z8 ~v~f~olL 7u,.... CI-vk Tu.,.,. I~ i i S3~9S ~.n~.,~ Rz ,,=n ¦ Complete items 1, 2, and 3. Also complete A Signa item 4 if Restricted Delivery is desired. X ? ant ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. g, Rec ' by (printed ) C. of slivery ¦ Attach this card to the back of the mailplece, or on the front if space permits. ~ ~ 13 1. Article Addressed to: D. Is ivory add different from from 17 ? Y G h Qr y I C r tS f is n o t£YES, solar ivory address tx3row: ? No pA~Fr,c~G Mele MQ,'/~ l /~~C£ +V ! I I~IJ~1- 3. Service Type L~Certified Mall ? F~cpress Mell ? Registered ? Return Receipt for Merohandise ? Insured Mall ? C.O.D. 4. 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February 2004 Domestic Return Receipt 02593-02-M-1510 i ~ • • ~ ¦ Complete items 1, 2, and 3. Also complete A ig ture item 4 if Restricted Delivery is desired. ? Agent ¦ Print your name and address on the reverse ssee so that we can return the card to you, g. Received by (Printed e) Date of Delivery ¦ Attach this card to the back o£ the mailpiece, or on the front if space permits. Orr Q- D. Is delivery address different from item 17 ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No Lc~ rr~t ~ n¢ W 2, ~ } ~I aX~ ~ 1 fFl rJ r//f /V ~ 1f ! 43 3. Service Type ~Certlfled MaII ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C,O.D. 4. Restricted Dr,9ivary7 (Extra Fee) ? Yes 2. ArticleNUmber 7012 3050 pp171 3334 56B9 (ransfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15x0 Pp,>- ~v ~ ~ ~ ~ 0' " ru • ~ i. O N IfAt~l' NY°1~~,. ~ ~'N1' 11971. 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ArtideNumber 7py2 305 0001 3334 5702 ((ranslerlrom seMCa labeq ti f PS ~drm 3811, February 2004 Domestic Rehm Receipt tozsasaz-M-tSq; TOWN OF SOUTHOLD ~/~LS/ ~ p ZONING BOARD OF APPEALS ' I ~p SOUTHOLD, NEW YORK # ~O ~ ~ I AFFIDAVIT OF In the Matter of the Application of POSTING ~r~^I~ M ups ~ i; o (Name of Applicants) Regazding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000- I l)'- 12 - I ~ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Fr-t~k MArs~ ~ residing at .3 ~ f}nnti..Zsle G" ^^^^4~k ,New York, being duly sworn, depose and say that: On the day of _ ~ ?5?S t , 2013 , I personally placed the Town's Official Poster, with the date of heazing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) -facing the street or facing each street or right-of--way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) day prior to the date of the subject hearing date, which hearing date was shown to be ~ 1; 2u13 (Signature) Sworn to before me this ~3t~ Day of~U~r,,P~ , 201 3 ~ woons NANIry Publk, State of New yyl , N®, Oiwo6oez~za ~rotk ~~~Allflid In Suffolk County (Notary Public) ~I®n ~xPlrra Nov. 4, 20iq * neaz the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: ~O~~OF SO~T~,o~ Mailing Address: Town Annex /First Floor, Capital One Bank # ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box 1179 Southold, NY 11971 ~ • ~O Southold, NY 11971-0959 oTyCOU~,~~ http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 76~~0~ ~ag(631) 765-9064 ~r Mazk Terry, Principal Planner LWRP Coordinator JUL 2 3 2013 Planning Boazd Office Town of Southold Town Hall Annex i--------_ _ Southold, NY 1 ] 971 Re: ZBA File Ref. No. #6674 MARSILIO, FRANK 1000-115-12-15 Deaz Mazk: We have received an application for additions and alterations to existing single family dwelling, bulkhead setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, aze attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-SD is requested within 30 days of receipt of this letter. Thank you. Very truly ours, Lesli eisman Chai rs By: Encls. Office Location: ~4~~OF $O(/jy~lo MailingAddress: Town Annex /First Floor, Capital One Bank ~ * 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box l 179 Southold, NY 11971 ~0 • ~O Southold, NY 11971-0959 http://southoldtown.noRhfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tei. (631) 765-1809 Fax (631) 765-91164 July 23, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6674 Owner/Applicant : MARSILIO, Frank Action Requested: Additions and alterations to existing single family dwelling, bulkhead setback. Within 500 feet of: ()State or County Road (X) Waterway (Bay, Sound, or Estuary) ( )Boundary of Existing or Proposed County, State, Federal land. ( )Boundary of Agricultural District ( )Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie Weisman ZBA a r er n By: Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~~?~F $~(/ryO 53095 Main Road • P.O. Box 1179 ~O (p Southold,NY 11971-0959 Eric Dantes ,tom Office Location: Gerazd P. Gcehringec ~ ~ Town Annex /First Floor, Capital One Bank George Horning • ~4~ 54375 Main Road (at Youngs Avenue) Ken Schneider uly~~ ~ Southold, NY 11971 http: //southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 September 20, 2013 Natalie Niemann 26 Churchill Lane Smithtown, NY 11787 RE: ZBA Application #6674 - Marsilio Deaz Ms. Niemann: Transmitted for your records is a copy of the Board's September 19, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel Vicki Toth Encl. 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