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HomeMy WebLinkAbout6690 r~ 1-10 d, m~cha61 ~o a 3 o cl edr~v I ew ~-ue, Soul o l d a g, 3 9 0 Deck ~F- p model i fi try ~'o smote- r! aia2lli~; gz- ~c s b~~Gc 3~, S ' o~ 4~ Cs AY+ f~~3(i3 APp~vee~ io~/~/3 pt+ 7 A- SET of ,,Cars. cuiTN ~NSucF~cic~r A~'E-A---__j' BOARD MEMBERS O f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider 3 A-Utm Southold, NY 11971 http://southoldtown.noithfork.net RECEIVED ZONING BOARD OF APPEALS °r% ' 1 ' TOWN OF SOUTHOLD OCT 3 2013 Tel. (631) 765-1809 • Fax (631) 765-9064 Q uthold Town FINDINGS, DELIBERATIONS AND DETERMINATION ZBA FILE: 6690 MEETING OF OCTOBER 17, 2013 NAME OF APPLICANT: Michael Lloyd S.C.T.M. # 1000-70-10-28.3 PROPERTY LOCATION: 2350 Clearview Avenue, (corner Gagen's Landing Road) (adj. to Goose Creek) Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application 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 September 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 23, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION Subject parcel is a non-conforming lot located in the R40 zone district. It is 35,019.80 square feet and is improved with a two story single family dwelling with attached garage, deck and screened porch. It has 132.77 feet of frontage on Clearview Avenue, 276.99 feet on Gagen's Landing Road, 137.48 feet on Goose Creek and 261.61 feet on the west property line as shown on the survey prepared by Kenneth M. Woychuk Land Surveying dated Sept. 21, 2012, last revised 5-2-13. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the building inspector's March 25, 2013, updated August 29, 2013 Notice of Disapproval based on an application for building permit for a deck with spa addition to existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet. RELIEF REQUESTED: The applicant requests a variance to construct a deck with spa addition with a front yard (Gagen's Landing Road) setback of 31.5 feet where the code requires a minimum front yard setback of 40 feet. Page 2 of 3 October 17, 2013 ZBA#6690 - Lloyd SCTMN1000-70-10-28.3 ADDITIONAL INFORMATION: Although it's not on the survey, the site inspection as well as testimony showed that there is an existing hot tub in the location where the proposed deck will be built. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3, 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There is a large tree line bordering Gagen's Landing Road and no one will be able to see the new deck or hot tub from the street. The new structures will not block any neighbor's view or be near to any neighbor's property line. Furthermore, testimony was taken during the hearing that Gagen's Landing Road is not a very wide road and has limited use, in that its primary use is to access the beach and the boat ramp at the end of the road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's property has two front yards by code. One front yard is off Clearview Avenue, the second front yard border's Gagen's Landing Road. The applicant uses the yard bordering Clearview Avenue as his operational front yard. If the applicant applied to build a deck with hot tub on any other side of the property he would need a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 21.0 % relief from the code. However, it is mitigated by the additional 30 feet from the edge of the property to the road pavement and the row of evergreen trees that block the view of the deck from the road. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed location offers the least potential adverse impact to Goose Creek. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and hot tub while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dames, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for and shown on the survey by Kenneth M. Woychuk L.L.S. dated Sept. 21, 2012, last revised May 2, 2013, and the building plan prepared by Mark Schwartz & Associates Architect dated September 6, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application andpublic hearing before the Zoning Board of Appeals. Page 3 of 3 October 17, 2013 ZBA#6690 - Lloyd SCTM#1000-70-10-28.3 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dances. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /,=i)f /2013 BOARD MEMBERS *rjf S Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing 54375 Main Road(at Youngs Avenue) Kenneth Schneider -rom Southold,NY 11971 ii:-ii dri fi i ori-k-in e i- ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax (631)765-9064 January 19, 2017 Donald G. Bracken Jr. Brackenbuilt Homes, Inc. 1305 Jasmine Lane I Southold,NY 11971 RE: Request for De Minimus determination Michael Lloyd#6690, 2350 Clearview Avenue, Southold Dear Mr. Herrmann; I have reviewed your letter dated December 2,2016 requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. Your letter describes a change in the construction of the deck and placement of the hot tub increasing the side yard setback,which differs slightly from the variance relief granted. Based upon the information provided as shown on the survey prepared by Kenneth M. Woychuk, last revised December 22,2016, 1 have determined that your request to modify improvements is de minimus in nature because no additional nonconformity will be created, and that the intent of the original ZBA decision will not be altered. Please contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. ere eslie Kanes Weisman Chairperson CC: Michael Verity, Chief Building Inspector Zoning Board of Appeals �} V� { � E l Town of Southold 53095 Main Road * PO Box 1179 J\l lA l`I Il/Il:l�1\`I`11✓/`1"l"J`JJJ �'�r.r.� Brackenbuilt Homes Inc 1305 Jasmine Lane Southold, NY 11971 12/2/2016 To whom it many concern, I am writing you in regards to Michael Lloyd, S.C.T.M.#1000-70-10-28.3 located at 2350 Clearview Avenue, (corner of Gagen's Landing) (adj.to Goose Creek)Southold NY and as described in Findings,deliberations and determination meeting of October 17,2013.At that time relief was requested-for a 2"d front yard setback due to the corner lot status from 40 feet to 31.5 feet. The relief was based on the original architect's drawing for a deck and hot tub. During the construction of said deck at the homeowner's request an addition to the deck was made to accommodate the placement stand-alone hot tub on the deck. This additional work is shown on the as built architect's drawing attached.This additional work did not in any way change the 31.5 foot relief granted but maintained it. Because this is a deviation from the original plans submitted to you we are seeking a diminumous letter for the Building Dept.to grant the C of O. 1 can be reached at 631-872-5370 if you require further information etc. Thank you in advance for your help in the regard. Yours truly, r Donald G. Bracken Jr President of Brackenbuilt Homes Inc S.C.T.M. NO, DISTRICT: 1000 SECTION: 70 BLOCK: 10 LOT(S):28.3 z a 0 g n z W cL 6.7 CLEARvMW a N 6VE U a ''L 6. s 810 Og 30" �+ EDGE of PA r cl 5.9 A'S ,•'; 132.77 a EL 6.2 ARW EL 6. CID zo to EL 7.0 EL 7.1 ^ ` 'TEMPORARY 4'iMDC', WOOD DECK ;:,::r�,.•, .,. 5, EL S9 ! 62) AND RAMP.'�,,• •.;i,r'�i .�.;:r.: ! �49. C%j `(/n ., 8.2-• 1* EL RECEIVED Ic ou 21 • y'� ;.:� ";:.,Jpe• ;?':'1A ROOF SPA ,. l:%,L6;'.•,.',,.',r,.'.., {•i.''•'eri; 70k7.0•''," ......:.:.:::...:: I ZONI!VG BOARD OF APPEALS 33,4 FF10.9:..:`::. ,. ,),,;;..,... 'W000 OE q EL 7.6 13 WO JJd C EL 6.p 0°DECK 1 r U.P. EL 7.6 /EL 7.3 w \ EL 6.3 C 0.n 0 EL 5.5 CV -9 *oao RAC FENCE EL 46 A o \ CO .6 O O EL 3.9 z z -a tx ly 3EL 3.4 ujwr pp O wAYt•ACitON — EL 3.4 .y V -I Uke Ok- rrrr Rrrrwa - r4� fop • �• U.P. • r r r r � ��%. �'''ir �� red S'IA" "����t' �• �, Z �A r r r r .-s.eFNc .12� �:•ems r �Dl A'-� •• \ � •� ,� w I rrrrr � .Q,� .-ter .--',rrrrr� \ '�• • rrrrr rjlrr .-ter rrr .� r B' `�.�, ' •- rrrrr•-err .--� rrrrrr .--� .� r --GOOSE CREEK— —• rrr .--� rrrrrrrrrr .� rr -► • rrrrrr .� rrrrr .� rrr .� � • rrr ,•� rrrrrrrrrrrr ,a. � � rrr � rrrrr � FINAL MALP • rrrr �+ rrr �+ r! I REVIEWED y. Z A � rrrrrrrrr!r r r r r! SEE DECISION �¢r r r r! a1�_,RAa I/ DATED r� / i ,I rrrr ! 7 0�13 • r r r r r . r r T1 9 ) AD 17 UPDATE SURVEY 12—2 2—16 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS FIRM ZONE PANEL 166 AND OR DATA OBTAINED FROM OTHERS. AREA: 35,019.80 SQ.FT, or 0.80 ACRES ELEVATION DATUM: ___N C.V•D. 1929 ______________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MICHAEL H. LLOYD; MAP OF: FILED: SITUATED AT: PINE NECK TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK = Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 12-118 ' DATE: SEPT. 21, 2012 PHONE (831)298-1588 FAX (631) 298-1588 FILE SCALE: 1 40 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. lfoychuk S.C.T.M. NO. DISTRICT: 1000 SECTION: 70 BLOCK: 10 LOT(S): 28.3 a GL 6.7 C & ~j~ n BAR ViE aDc' CL IL teECEIVEO 1104 rt S 81°0" E A0.V EL as 6'30 ECOGE NPU r a 59 QL~f3 aY 132.77 EL a2 "ON JOARD OF APPEALS ID CID - v EL 7.0 _ EL at w,tL OJ \ EL 7.0 sTOvE a..• EL 5.9 m ~elt'w"r s,,,,49.5- N OF a2 fi LOT COVERAGE: EL "a,• e`reep S I UPLAND AREA = 33,810 S.F. m EXISITNG HOUSE,DECKS & PORCH . 3,375 S.F. 21 EXISITNG SHED - 85 S.F. y '^s' H a''4 as mw~ EXISTING STONE/CONC WALKS,WALLS & CURBING - 422 S.F. '0ipepl TOTAL EXISITNG COVERAGE = 3.882 S.F or 11.5% 2 S MG f1,Aat g 30 ~I PROPOSED DECK & SPA = 590 S.F. or 1.7% FFlN4 10.9 :1111. EL 76 u,, I TOTAL PROPOSED COVERAGE = 4,472 S.F. OR 13.2% _ w. I'... Ass, EL n.4- - K 31.5' eDAl etor U.P. - 6P.M Tit EL 7.6 a ,as ~ EL 7.3 _ EL 6.3 art O EL SS O N\OM RAq 'E"11 EL .5 \ \ \ \ A 1 m 6 O EL &9 Z Ld A8 M 3m &4 8 ~ r w Uwr or EL &4 "`E 4crioN 4T _ CV - - IGI EL &3 a ~ ~o A ` N •8&-43 48" M O 'Z' J. =y ~ ciin: EL .1 7.90' - ONE X Cn ~i r r r r a r r .1 ?ONt '~N 1 EL &2 r r80~277Nrlr y\~ (E[,j*vo4,rr` r r r r . er r r?a ''..~'-.4 o r r r z ter Z s ~N 7 r ~~"•tes U.P. r r r r r 6~r r r r r r r r r Bf \ r r r r r 5~ r r r r r r r r r?O) ~2;3* r r r r r r r r r r r r r~ ~ r r r r r r r r r r r r r r r rt ......GOOSE CREEK.. r r r r r r r r r r r r r r r -4 r r r r r r r r r r r r r r r r ~ - r r r r r r r r r r r r r t. r r r r r r r ~-t. r r r r r r r r r! FINAL MAP r~ ~'~rrr~ r r! R< r r r! y REVIEWED BYZ A / r r r r\ 7 SEE DECISION # r r r r r r r r r r r r DATEDD~ r r r r r r r ADD ELEVATIONS & LOT COVERAGE CALCULATIONS 05-02-13 ADD PROPOSED DECK & SPA 03-07-13 THE WATER SUPPLY, WELLS DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVA77ONS FIRM ZONE PANEL 166 AND OR DATA OBTAINED'VF0ROM 9 THERS. AREA: 35,019.80 SQ.FT. or 0.80 ACRES ELEVATION DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTTUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MICHAEL H. LLOYD; MAP OF: FILED: SITUATED AT: PINE NECK TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design ~J P.O. Box 153 Aquebogue, New York 11931 ~4~ PHONE (631)298-1586 FAX (631) 298-1568 FILE /J 12-118 SCALE: 1 "=40' DATE: SEPT. 21, 2012 N. Y.S LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk REVISIONS. RECEIVED AUG 3 0 2013 BOARDOFAPPEAI a NEW EXIST I G'-2" RE-BUILD / E%PANE RE-BUILD/ EXPAND BENCH (MATCH EXISTING) - I I AS BUILT DECK I I - 0 m I - PROPOSED DECK (MATCH E% DECKING) E K I I - U a W a Q a EXISTING DECK Q o0 ~ w p., o O 0. ~I m m 10,-0" 4'-0" E 0 [f ~ BENCH (MATCH EXIMNG) I~ ° PROPOSED DECK (MATCH EX. DECKING) ZE ~I U ~ II rL97Ljl a o a O N DW II I I i 1i4 II DW I HOT TUB o II ~ V INSEALI PER O O T-4" 7--l MANUFACTURER BENCH (MATCH EXIBTING) 00 O O I ® 9 e~ m N ~ II II m tic.: II II - W ~ v ~ 7 ? I I II ~ ~ II II W ~ ^y~ Io,.o„ II II 0 NOTE: Fff. II PROVIDE HOT TUB WITH ASAFETY COVER WHICH COMPLIES WITH ASTM F 1346, AS PER NYS CODE II m 6 v IF COVER IS NOT TO BE USED PROVIDE BARRIER PROTECTION REQUIREMENTS AS PER N.Y.S. RESIDENTIAL CODE: ow3 c. 1). OF RAILING TO BE 49"(MIN.) ABOVE GRADE. FL 2). B BA ERS SHALL NOT T ALLOW LLOW PASSAGE OF A 4" DIA. SPHERE. . 3). ACCESS GATES SHALL COMPLY WITH NYS CODE. 4). GATE TO BE SELF-CLOSING & SELF LATCHING 0 u V ~ o 5). DOORS ACCESSABLE TO DECK TO BE SELF-CLOSING & SELF-LATCHING. FINAL MAP I REVIEWED BY ZBA V SEE DECISION # (ND x TH DATED /D 117 QL-l 1ST. FLOOR PLAN PROJECT NORTH SCALE: 1/4" = 1'-0' IF DRA\4N MH/MS SCALE 114"=1'-0" lOB # ScptemOci 06,?012 SHEET NUMBER: BE RESPONSIBLE FOR ALL BUILDING DEPARTMENT INSPECTIONS PAINTER TO PRIME AND PAINT ALL DOOR EDGES TO MAINTAIN CONTRACTOR SHALL 40TIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN THE DRAWINGS, THE SPECIFICATIONS, AND THE FIELD CONDIT THE FIELD CONDITIONS. AND SHALL REQUEST CLARIFICATION BEFORE COMMENCING WORK. CONTRACTOR SHALL VERIFY ALL GENERAL CONTRACTOR TO COORDINATE MEETING WITH OWNERS FOR APPROVAL OF ALL CENTRAL CONTRACTORSHALL BE RESPONSIBLE FO' IT AND MATERIALS AND REMEDY ALL DISCREPANCIES WITH ARCHITECT PRIOR TO THE COMMENCEMENT OR CONTINUATION OF WORK. ROUGH ELECTRIC, PLUMBING, AND HVAC PRIOR TO INSULATING AND SHEEIFROCKING AND IHALL SECURE THE C of 0 PRIOR TO RECEIVIN PRIOR TO RECEIVING FINAL PAYMENT FROM OWNERS. MANUFACTURER'S WARRANTY AND SHALL BE INSPECTED TO VERIFY ALL WORK. DIMENSIONS AND COJDITIONS AT JOB SITE, INCLUDING BUILDING AND SITE CLEARANCES FOR DELIVERY OF EQUIPMENT AND MATERIALS, OFFICE LOCATION: ~~OF SO(/jyO MAILING ADDRESS: 9~ Town Hall Annex ~O l0 P.O. Box 1179 ! 54375 State Route 25 * Southold, NY 11971 (c r ain Rd. & Youngs Ave.) y ae Telephone: 631 765-1938 ~outhold, NY 11971 Fax: 631 765-3136 OOUNTV, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 6 9 MEMORANDUM RECEIV SEP 2 i 2W To: Leslie Weisman, Chair BOARDOFAPPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: September 23, 2013 Re Coastal Consistency Review for ZBA File Ref: MICHAEL LLOYD #6690 SCTM#1000-70-10-28.3 MICHAEL LLOYD #6690 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 25, 2013, updated August 29, 2013 Notice of Disapproval based on an application for building permit for a deck and spa additions to existing single family dwelling: 1) less than the code required minimum front yard setback of 40 feet, located at: 2350 Clearview Avenue (corner Gagen's Landing Road) Southold, NY. SCTM#1000-70-10-28.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item T" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The proposed action is not located within the CEHA. 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 n?~g ~0 Isi A (e 5-1ev a, n^P^^ I-J f COUNTY OF SUFFOLK i -Jem I -L-" RECEIVED g ti. d l Ce SEP 16 2013 1T+4r,A Jar9~1t,I13 BOARD OFAPPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 11, 2013 Town of Southold ZBA 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Att: Ms. Leslie K. Weisman, Chair Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Swanson, Steve & Beate 6681 Holfelder, Lawrence 6682 Riegel, Richard 6684 Vineyard 48 a/k/a Rose's Vineyard* 6685 McCallion, Don 6686 Flannigan, Edward 6687 Coleman, Suzanne 6688 Donadic, Johnny 6689 Lloyd, Michael 6690 *The Suffolk County Planning Commission does not review applications or make determinations regarding the interpretation of Town Code. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 117880099 ¦ (631) 863-5191 a FORM NO. 3 ~n NOTICE OF DISAPPROVAL DATE: March 25, 2013 To: Updated August 29, 2013 I Don Bracken Jr. for Michael Lloyd RECE D 1305 Jasmine Lane Southold, NY 11971 AUG 3 0 2013 Please take notice that your application dated March 13, 2013 30ARD OF APPEALS For a deck with spa addition to a single family dwelling at Location of property 2350 Clearview Avenue, Southold, NY County Tax Map No. 1000 - Section 70 Block 10 Lot 28. 3 Is returned herewith and disapproved on the following grounds: The pressed deck construction on this non-conforming 35,019 N. ft. lot, is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under ' 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 20,000 and 39,999 s q. ft. the r u' front and setback is 40'. The rosed addition indicates a front and setback 31. on this comer lot. Authorized Signature RECEIVED U 2013 Illcd B% a~sienmrrn No Ty- 130a OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 13. Street CleA_cvi4A) AyewtjQeHamlet so o4ljoQ SCTM 1000 Section -70 Block /0 Lot(s) a 8'. 3 Lot Size , ~Zone I (WE) APPEAL HE WRITTEN DETERMINATION OF THE BUILDING INS VECTOR /25 JQ 0 13 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): M / C, L_J L l oaf of Mailing Address: a 3 S0 C ep_& 0 t~e.w lie So .l _K0l Q Telephone: Fax: Email: VrAp ov 4,?Q yna t v NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: o n kA 6- 16&r ke.. J -for O Owner,( )Other: Address: ) 30 5 c~ a_syhty~e Q So o+l,o ldI N / I I Q 71 Telephone: 63/-872-53_)0Fax: Email: evise.GA_j0tves® rnsa,Cowl Please check to specify who you wish c rrespoadeace to be mailed to, from the above names: ( ) Applicant/Owner(s), (l uthorized Representative, ( ) Other Name/ Address below: WHEREBY TH BUILDING INSPECTOR REVIEWED SURVEY/SITE LA DATED t77- / and DENIED AN APPLICATION DATED d/ FOR: wilding Permit ( ) Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by 9 numbers. Do not note the code. ~Y V y~j Article: X". Section: C o J~ Subsection: Type of Appeal. An Appeal is made for: O A Variance to the Zoning Code or Zoning Map. O A Variance due to lack of access required by New York Town Law- Section 280-A. (14nterpre on of the Town Code, Article xXTI T" Section a 80 fay O Revers or Other A prior appeal has, as t een made at any time with respect to this property, UNDER Appeal No(s). Year(s). ? aj v (Please be sure to research before completing this question or call our ofce for assi) • • &~qo RECEIVED \,ime of (1~~ncr ZILV I-ilc= AUG 8 0 2013 REASONS FOR APPEAL (Please be spec fic, additional sheets may, be used wrth preparer's signature notarized) BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby n properties if granted, because: N p otve W I 1 2 d t i2ts y o6L t n~.~~~ 0.~~eG~.1( b +le NeW s `'~FLaE45 t l7 V- 11 „o+~yloc(C aNy tItout eR COMQ2 G.10s•e- y +0 r,e,yk"L pkape illy Ithe- 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: 4( u e- +o +f e_ a ok v%Qak ( e - - s tln~ 4vs . Le_ 7),.Vn VA'/5+ der-(a.ce +A,e sef~4~k FAQ 4-l c as eyc ceedeA Fort 4-k e n etj C(,e.-c A - 3. The amount of relief requested is not1 substantial because: 5 t s Poe, a 0(4---k -(tom. t ysD T" 4.Fry~~~" r.~-hy r'S er4l. tl°2• 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the lneighborhood or district because: T1%9- s ku c *u iz e w . b Q 14cect 1 h e--tn 4P-)C I ST s N y law.+/ 0.024..- J 5. Has the alleged difficulty been self created? { } Yes, or f lj No Why: Are there any Covenants or Restrictions concerning this land? {q'IIo ( ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Author' Agent (Agent must submit written AuN~orizffiio om Owner) Swo to before me th y of,_; 20 Notary Public YI TOM York r try CWW W E oms,aly 28, 2DL~ OPLICANT'S PROJECT DESCRIPTIP APPLICANT: l!)rc L (o ot DATE PREPARED: 8 Z / 1. For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: N n i i c 23 0 9913 BOARD OF AoocAl c IL New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: _ t3 Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area beintglcpns d? (If yes, please provide height (above ground) measured from natural existing grade to first floor: lU r HI. Proposed Construction Description (Alterations or Structural Changes) R~~ Tto~ 0 2y[i5~ (Attach extra sheet if necessary). Please describe building areas: o~ e o 5 Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from survey Existing square footage of buildings on your property: Proposed increase of building cov y: O 3 , a° o Square footage of your lot: I E! SD G~- Percentage of coverage of your lot by building a &a': V. Purpose of New Construction: +v a d~ Q y ,S 4-, a Src. eritec. lb-Nd 4-o c- Re- nd-e. 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): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 (2I' ESTIONN:1IRL RECEIVED FOR FILING NYIT11 YOI-R Z13A APPLICATION AUG 3 0 2013 A. Is the subject premises sted on the real estate market for sale? BOARD OF APPEALS Yes VzN o B. Are the any proposals to change or alter land contours? I/No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? AJ 0 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? fJ 4.} If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: o i h ide t o o Foo4' a ezHe~c~- and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? &10 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? OOQ- 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? IUa If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?A,Lt) If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel e G (54 Si I and the proposed use IO-C- 1c n.l T . (ex: existing single family, proposed. same with garage, pool or other) 8~a 9/i3 Authorized signs re and We RECE iv AGRICPLTL RAL DATA STATFItiMFNT AUG 3 0 2013 ZONING BOARD OF APPFALS gpgRDOFAPP TOWN OF SOUTHOLD EELS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant Vp 2. Address of Applicant 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: U -e~?' b 5. Descriptio of Proposed ` I Project: 21 C L, Adjdi I R U 6. Location of Property: (road and Ta~X m number) / U - d~• 7. Is the parcel within 500 feet of a farm operation? Yes fA~, 0 8. Is this parcel actively farmed? { } Yes No 9. Name and addresses of any owner(s) of I d within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME- and ADDRESS 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 8 / a9 i3 ignature of Applicant Dale Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.. Solicitations will be made by supplying a copy of this statanent. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. G17.20 1191 Appendix C State Environmental Quality Review RECEWW SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only AUG 3 0 2013 PART I - PROJECT INFORMATION To be completed b A licant or Project Sponsor) BOARD OF APPEALS 1. APPLICANTISPONSOR 2. PROJECT NAME rnL I a dl 3. PROJECT LOCATION: 1 Municipality So0 7 O( County S~ pp o I 4. PRECISE LOCATION (Sheet address and road intersections, prominent 1a~dmar~s etc., T tivide map) a 3~ C:leadtvtew a.,i4-vLve,, so VTo la, IU~ (1 Q, c c L~Hdttny Read Sow I tiw~sf oRav2R o F C (i"Qc ,ew 9ve- t- Gnu" r s 5. PROPOSED ACTION IS: New Expansion ModificatioNaheretion E] 6. DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OF LAND AFJECTED. Initially , 0 h{ 76 acres Ultimately . O l 47S acres 8. WILL PROPOSED ACTION ~COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? n Yes LJ '~o If No, describe briefly 11 ~oes vlo Vyi,24 To.,o 52~ bccc L p v1oL.P t e-" 16 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential E] Industnal E] Commercial Agriculture El Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE , STATE OR LOCAL)? es ONO If Yes, list agency(s) name and pennittapprovals: N Y 45,5-: G 7-o'kJVAO F 600 4-~o ( a 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ? No If Yes, list agency(s) name and permit/approvals, NYS 6 E C Pe Rrh1F-*- I - K003s01/0000 y 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E]Yes ErNo I CERTIFY THAT T I FORMA N PRO DIED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applioant1spon nanle: Cj-- V Date: .Pa 911 Signature: If the action is in the Coastal Area, and you are a state aency, complete the Coastal Assessment Form before proceeding with t9is assessment OVER 1 PART II - IMPACT ASSESSMENT To blem feted b Lead Agency) • A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF 11 Yes 110 R WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617 6? If No a negative declaration may be superseded by another involved agency. E] Yes O No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED NTH THE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: 0o re C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; m community or neighborhood character? Explain briefly: N•A2- C3. Vegetatiyo~nf or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: '~r a A-e- C4. A community's existing plans a goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: 6410 NOAH RECEIVED C5. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain briefly: C6_ Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: BOARD OF APPEA None C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. rV o A P- D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL REA (CEA)? ? Yes No If Yes, explain briefly: E. IS THERE, OR 1ST ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E]Yes No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box If you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and anysupporting documentation, that the proposed action VOL NOT resuh in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination time o Lead Agency Date a ype nw- Responsible gad - Officer Title of ResporwAble Signature Responsible r In Lead Agency Signature o Preparer (if different from responsible r) • RECEIVED mic,3U2011 APPLICANT/OWNER BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: L / 0 C1, /u C_k 6t/A (Last name, first dome, fiddle 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 y/ 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 Tide or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) - A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) -C) an officer, director, partner, or employee of the applicant; or -D) the actual applicant DESCRIPTION OF. RELATIONSHIP Submitted this day of 20 Signature f Print Name r~/~ • • RECEIVED 66p AUG 3 0 2013 AGI:N"1' IUPIMSF`TATI\ F -1 RANSA(-1 ION ,U_Dis(LOS(10 IOlinl BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. I YOUR NAME : & W r 1 d lf' 8 egC ~~¢.tr../ S-& (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person'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 applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or - D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted q4, day of s 20 _ 4 ~k _e. Signature Wosemg Print Name U0.,6-1lt L 1N161e lp, ya Torun of Southold ~~~1 RECEIVED I_A~ltl' (<1N',ISlI:M l :ASSF..CSyIEV'I FORSAI - - AUG 3 0 20)3 A. INSTRUCTIONS BOARD OF APPEALS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions. it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northforknet), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ?0 -1,o - R9. 3 The Application has been submitted to (check appropriate respons Town Board L Planning Dept. ~ Building Dept. Board of Trustees I . Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital r] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 0835 ~_`rvr eu~ _ ~dk RECEIVED D 5ilc acrca_~: ~llC.l~lc/~~ 6 AUG 3 0 2013 Present land use: WARD OF APPEALS Present zoning classification: _ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant ~ (b) Mailing address: y/lt cent, ( d SoId (c) Telephone number: Area Code( (d) Application number. it any: Will the action be dire- l)'undertaken. require funding. or approval by a state or federal agency? 1 Yes 1_J No I I ycs_ 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 (levelopment. See LWRP Section III - Policies; Page 2 for evaluation criteria. ? Yes E No oApplicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-PPoliciessPP ~3.through 6 for evaluation criteria 0 Yes D No LI Y(lYof Applicable - please explain) • • RECEIVED q~ h ' BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resou rces throughout the Town of Southold. See LWRP Section III - Polici s Pages 6 through 7 for evaluation criteria Yes No Not Applicable - please explain) 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 Page through 16 for evaluation criteria Yes No r (Not Applicable - please explain) Attach additional sheets ifnecessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 throug 1 for evaluation criteria Id Yes( No - (Not Applicable- please explain) All, o 61 wi~w Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for eval=able Yes No - please explain) RECEMD AUG 3 D_20 &q ~ BOARD OFAPPEAi S Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes M No (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. ee LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. r- ~ n Yes No (Not Applicable- please explain) I'/U L' I/ jul-4 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. P YeLJ No [ (Not Applicable- please explain) Attach additional sheets if necessary - - WORKING COAST POLICIES • • Policy 10. Protect Southold's water-dependent uses and promote siting of net% water-dependent uses in VRP Section III Policies: Pages 4"1 throu,h 56 fur evaluation criteria. suitahle locations. Zol lcs Nt) - ,Ap plicahle- please cspl;tin) RECEIVED EALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wate . See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No Not Applicable - please explain Attach additional sheets ifnecessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for ev:dua ' n criteria. r Yes L I No ? Not Applicable- please explain V10 aQ?2 lC t ~-~~~a ? elir Attach additional sheets ifnecessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LM/RP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No Not Applicable - please explain ~ ~qa RECEIVED AUG 3 0 2013 Board of Zoning Appeals Application BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) i, mtGkc.e.l U641 residingat D,?S-a Cl¢r,cvieuj Ave-5-aAA (Print property owner s name) (Mailing Address) M1, i i9-7( do hereby authorize A o ) ( d a ~~ke.>u J Q (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner' ignature) (PrinT Name) 9.20.1 Offln-W New York State Department of Environmental Conservation {1~i a I M N n o a W - 0 2_ 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 I `C!f ROGER E VANS y ~ io1~55~~ Permit Number V Expiration Date 9/421'2- 1a NOTE: This notice is NOT a permit • S.C.T.M. NO. DISTRICT: 1000 SECTION: 70 BLOCK: 10 LOT(S): 28.3 CL 0.7 C AR &S M DEL S. 3 81.06'30" E "UE, a 5.6 41 132.77 EL L2 ~4N -9 40N 6 a~ FL 7.0 _ EL 7.1 " I raNr W~ ~ EL 7.0 W = wr 4, a 9.$' EL S.9 N 4 OWWy~~,AA~~~ R LOT COVERAGE: EL 41' ar• 'a`,~ _ I UPLAND AREA - 33,810 S.F. 2I \ EKISITNG HOUSE,DECKS & PORCH - 3,375 S.F. EASING SHED - 85 S.F. r ~•Q,'~ E)USTING S70NE/C0NC WALKS.WALLS & CURSING - 422 SF. TOTAL EKISITNG COVERAGE - 3,882 S.F w 11.5% =Srv, Rayq ~.1' \ p34 PROPOSED DECK & SPA .590 S.F. w 1.7% EL 7.6 E?L ELUIg6 r4r I TOTAL PROPOSED COVERAGE - 4,472 S.F. OR 13.2% - ELe.T \ ` m.ro, ti 31.5' u.r.0 4 W EL 7.6 r xx~,., I 4 Ub J C. 7.3 M L3 I pqR p a>ti p n ss I", pF4P CV ~0 a°°^ RK EL 6A A I PF4[ c EL 3.6 p NYSDEC py I APPROVED AS PER TERMS 3M 3.4 AND CONDITIONS OF EL &4 ° PERMIT NO,/--Z/73 as3Yv ~ro_ _ Z _ I DATE 8 Sol/~of Cv hr 0.4 ~ m A ~..r;s uKC 0. 1 7.90' SpyE x U) 0. 3.2 fEl:i~j`4S ' r rrr W4'r,Q,~>0;•o-~N 774.E r rrr.--r ' r r r r r r r~, \ rrrrr.GOOSE CREEK-rrrrrr~; • r r r r r r r r r r r .--rrr r r.~r.~r rrr r.~r! I rrrr rrr r r.--~! r rrr! err r.~1 g r r r - SITE ADDRESS: MICHAEL LLOYD 2350 CLEARVIEW AVENUE ADD ELEVATIONS & LOT COVERAGE CALCULATIONS 05-02-13 SOUTHOLD NY 11971 ADD PROPOSED DECK & SPA 03-07-13 THE WATER SUPPLY, NELLS, DRYWELLS AND CESSPOOL LOCA17ONS SHOWN ARE FROM FIELD OBSERVATIONS FIRM ZONE PANEL 166 AND OR DATA OBTAINED FROM OTHERS. KONA 1920 AREA: 35,019.80 SQ.FT. or 0.80 ACRES ELEVATION DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK. STATE EDUCATION LAW, COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTI7UT7ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR 'A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MICHAEL H. LLOYD; MAP OF: FILED: SITUATED AT: PINE NECK TOWN OF: SOUTHOLD KENNETH D SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK ProftiRs and DeeiQn P.O. Box 16S t}4. New York 11931 4 W~ ~ FILE N SCALE: 1 "=40' DATE: SEPT. 21, 2012 pp~~ r ( FAX (631) NO-15W 12-118 N.Y.S. LISC. NO. 050882 main tar 1, Bav & Kameth Y. Wo7chuk OEM v err CI)i E n , n .K "9 ~M~x"9RG.... `!W. xqc~.~" T,•''`"' II _ ' _ _ f ~Iw 7, -h9A Y f~, - T qdmffqv~: fit a• ~ ' a ~plB'straw,~,......~•,.+.s~,~,'~;~.*a~` - a - y1 L AOL ' t RECEIVED UG302013 ilOARI) OF APPEALS tit's C Y ~ - , 1973 TOWN OF SODTNOLD, NEW YORK DATE January 25, ACTION OP THE ZONING BOARD OF APPEALS Appeal No. 1713 Dated January 11, 1973 RECEIVED ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles A. Gagen Appellant AUG 3 0 2013 Pine Neck Road Southold, New York BOARDOFAPPEALS at a meeting of the ZoNn` Board of Appeals on January 25, 1973 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied punuaut to Article Section Subsection paragraph of the Zoning Ordinamtt and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.S.T.), upon application of Charles A. Gagen, Pine Neck Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 301, for permission to set off lotswith less than required area and frontage. Location of property: south side of Clearview Avenue, Southold, bounded north by Clearview Avenue; east by Gagen's Landing Road; south by John Gagen; west by Schoof. Correction as per minutes of 1/25/73: south by Goose Creek, west by Hassler. 2. VARIANCE. By resolution of the Board It was determined that (a) Strict application of the Ordirmce (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike In the Immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirt of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE RE'YRSHSVvED ZONING BOARD OF ~A~PPEALSS~ FORM ZB1 44*0*wn R - of gppe2l (,grjori@ McDermott, Secretary • • o RECEIVED AUG302O13 130ARD OF APPEALS After investigation and inspection the Board finds that applicant requests permission to set off lots with less than required area and frontage. The findings of the Board are that the majority of the lots in the area are smaller in size, and that the proposed lots have Planning Board approval. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be sh ared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS ABSOLVED Charles A. Gagen, Pine Neck Road, Southold, New York, be GRANTED permission to set off lots with less than required area and frontage on premises located on the south side of Clearview Avenue, Southold, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING oftheBuildingMinspector AUG 3 0 2013 Town Hall BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No 2-23790 Date JULY 24, 1995 THIS CERTIFIES that the building NSW DWELLING Location of Property 2350 CLBARVIEW AVENSU SOUTHOLD NY House No. Street Hamlet county Tax Map No. 1000 Section 70 Block 10 Lot 28.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 31, 1994 pursuant to which Building Permit No. 22134-Z dated JUNE 20, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A ONE FAMILY DWELLING WITH ATTACHED TWO CAR GARAGE, SCREENED PORCH, DECK AND WIDOWS WALE AS APPLIED FOR. The certificate is issued to WILLIAM & JOANNE JOHNSON (owner's) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 92-30-57 JULY 21, 1995 UNDERWRITERS CERTIFICATE NO. M352766 MAY 23, 1995 PLUMBERS CERTIFICATION DATED JUNE 26, 1995 BERTSAND PLUMBING & BEATING C Buil ing Inspecto Rev. 1/81 , 'OF4(,t 'town of Southold Annex 12/27/2011 ~d yP 54375 Main Road (0/ 0 3 Southold, New York 11971 to RECEIVE wG 3 0 2013 CERTIFICATE OF OCCUPANCY 30ARD OF APPEALS No: 35361 Date: 12/27/2011 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 2350 Clearview Ave, Southold, SCTM 473889 Sec/Block/Lot: 70.-10-28.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this oflSced dated (/18/2011 pursuant to which Building Permit No. 36153 dated 1/31/2011 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: addition and alteration to an existing one family dwelling as applied for. (Four bedroom fimitl The certificate is issued to D R D Brody LI_C (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36153 12/9/11 PLUMBERS CERTIFICATION DATED 12/23/11 urt's Reliable Inc VAriz Sig lure ti TOWN OF oo- o /a -/4- - l '91X S L JQ L\ J'rU-s STREET L J VILLAGE DISTRICT SUB. LOT C~~ir~ GV1W0.r Z, 1117 / s s FORM R 0 ER N, - E ACREAGE O ne1j.~Oh?~5(~t r89., 80ARj)QF4ppr A Q, LA 6 hnson kws w TYPE OF BUILDING_ o L) S f (J SEAS. VL. FARM COMM. I IND. CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS !c,> ,f Y/ VS'40 P- :u-9 o O 3 h o v 1-s23a3- ''~L ~T~Ff/T n/_T_ C° co a._to a 3i /7,z S 12. a 6 Z AA/ ? -1510417' To / /-f ,-7SL f 133 7 26--&r> .1 d d ~e -V o C h F P cJi ' S'4 4r • .o e Y GEC UILDING NDI~' ~~fPY SeCCL ~LL,Sao Ga o z ~3xy~ ' ~~IDO 2 FRONTAGE ON WATER FRONTAGE ON ROAD T3 Zo®" z ?rx• 'illable 1 BULKHEAD 'illable 2 DOCK 'illable 3 ~Z3 ~L 7U.~ (J Voodland I Y.1't I& wompland 3 10.6 ~VD S 44 Ket K 2- n~ 0 n u3F N C rushlond cv d 0 N ~P 02 / con h e a / ~ n = fc louse Plot 9 1 1227 Y2 1 D 0&0YI l os-L 2 zs Zf-~lohnsaf SGh p"Ll t,- yoc . ~!i 'otal w (Iyl' 0'L I Z5 ta'l (O33-SchwOr~z l:~i(WV ~La RECEIVED 6 610 AUG302013 BOARD OFAPPEALS i i 1 - I I ! Wp Bldg. .32 K3'7 + 11gJr -xi 5328 'Foundation C Both 2'4 to Basement Moue Floors w tensi 3X 4 ^2 4-60 3 1 fold Ext. Walls Interior Finish i Fire Place Heat tension x = 350 - 2_b } 141 X l4 = 1 co 8 - - - - Porch Roof Type Porch Rooms 1st Floor aP--G4 14 X 14 = 19~P .J~ ~ - 1~1 1/2 ba"•:YN 01k enn 51 Gd 16 Tewcry- Patio Rooms 2nd Floor 2 6k rage 22 X 7-2. _ I Z2 Driveway _ Dormer 'e' Z(1Z) - 2 2 o~ogUFFO(,~co ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK p P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 19~ Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER # www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 4, 2013 RE: Zoning Appeal No. 6690 Transmitted herewith is Zoning Appeals No. 6690 of Donald G. Bracken, Jr. for Michael Lloyd - 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 Michael Lloyd to Donald G. Bracken, Jr., to Represent him in this Matter, Notice of Disapproval from Building Department Updated August 29, 2013, NYS Department of Environmental Conservation Permit Dated August 21, 2018, Survey Showing Existing & Proposed Construction Dated September 21, 2012 Prepared by Kenneth M. Woychuk Land Surveying, Two Pages of Photos of Property Showing Staked Area, Action of the Zoning Board of Appeals No. 1713 Dated January 11, 1973, Certificate of Occupancy No. Z-23790 for One Family Dwelling with Attached Two Car Garage, Screened, Porch, Deck & Widows Walk Dated July 24, 1995, Certificate of Occupancy No. 35361 for Addition & Alteration to an Existing One Family Dwelling Dated December 27, 2011, Property Record Card, Survey Showing Existing & Proposed Construction Dated September 21, 2012 Prepared by Kenneth M. Woychuk Land Surveyor, Plans Showing Floor Plans and Proposed Construction Dated September 6, 2012 • • * * * RECEIPT** Date: 09/04/13 Receipt#: 158292 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6690 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #813 $500.00 Lloyd, Michael Name: Lloyd, Michael 15439 Milan Way Naples, FL 34110 Clerk ID: CAROLH Internal ID: 6690 • • BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson 1~~OF SOUryo 53095 Main Road • P.O. Box 1179 l0 Southold, NY 11971-0959 Eric Dantes > Office Location: Gerard P. Goehringer co Q Town Annex /First Floor, Capital One Bank George Homing 'Act • i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~yComm t1 Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 3, 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. OCTOBER 3. 2013: 9:00 A.M. - MICHAEL LLOYD #6690 - Request for Variance from Article XXIII Section 280- 124 and the Building Inspector's March 25, 2013, updated August 29, 2013 Notice of Disapproval based on an application for building permit for a deck and spa additions to existing single family dwelling: 1) less than the code required minimum front yard setback of 40 feet, located at: 2350 Clearview Avenue (corner Gagen's Landing Road) Southold, NY. SCTM#1000-70-10-28.3 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.TothOTown.Southold.nv.us Dated: September 9, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P. 0. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net September 9, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, October 3, 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 September 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to You undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible AND not later than September 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 25th: 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 October 1, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LLOYD, MICHAEL # 6690 SCTM # : 1000-70-10-28.3 VARIANCE: YARD SETBACK REQUEST: DECK & SPA ADDITIONS DATE: THURS., OCT. 39 2013 9:00 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 • Gr(g -fo I , ~ i-e- q- i I4 • #11354 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 26th day of September, 2013. Principal Clerk LEGAL NOTICE 10.00 A.M. - FORDHAM HOUSE SOUTHOLDTOWN LLC #6680-(Adj. from PH 9/3113) Re- ZONING BOARD OF APPEALS quest for Variances from Article IV Code THURSDAY OCTOBER 3,2013 Section 280-I8 and Article XXII Code PUBLIC HEARINGS E Section 280-116 based on an application day of CC±~~-e 013. NOTICE IS HEREBY GIVEN, put- for building permit and the Building In- suanttoSection267oftheTownLawand spector's July 24,2013, amended August Town Code Chapter 280(Zoning),Town 6,2013 Notice of Disapproval concerning of Southold, the following public hear- a permit to construct a new single family ings will be held by the SOUTHOLD dwelling, at; 1) proposed construction at TOWN ZONING BOARD OF AP- more than the code maximum height of PEALS at the Town Hall, 53095 Main 2 1/2 stories, 2) lot coverage more than Road, P.O. Box 1179, Southold, New the code permitted 20%, 3)less than the York 11971-0959, on THURSDAY OC- code required 100 foot setback from the TOBER 3,2013: top of bluff, located at: 5205 The Long RI NA VOLINSKI 9*0 A.M. - MICHAEL LLOYD Way (adj. to Long Island Sound) East ##6044- Request for Variance from Ar- Marion, NY. SCTM#1000-21-5-I1 NOTARY PUBLIC-STATE OF NEW YORK title XXIII Section 284124 and the 10:20 A.M. - MAJORIE SNYDER 11.20 A.M. JOHNNY DONADIC No. 01V06105050 Building Inspector's March 25, 2013, and ANN NOTIES #6683 - Request #6689 - Request for Variances from lified In Suffolk County updated August 29, 2013 Notice of Dis- for Variance from Article XXIII Section Article XXII Code Section 280416(B) approval based on an application for 280-124 and the Building Inspector's July and Article XXIII Code Section 1248 Lss:on Expltes February 28. 2016 building permit for a deck and spa ad- 25, 2013 Notice of Disapproval based on and the Building Inspector's August 14, ming pool and construction of a gazebo, at; ditions to existing single family dwelling: an application for building permit for 2013, amended August 23, 2013 Notice of 1) work outside of the scope of the build- 1) less than the code required minimum additions and alterations to existing sin- Disapproval based on an application fe ing permit and certificate of occupancy for front yard setback of 40 feet, located gle family dwelling: l) less than the code building permit for additions and alter:- the pool house, 2) pool house at less than at: 2350 Clearview Avenue (corner Ga- required minimum front yard setback of lions to existing single family dwelling: the code permitted minimum side yard set- gen's Landing Road) Southold, NY. 35 feet, located at: 1245 Inlet Pond Road 1) proposed construction at less than back of 15 feet, 3) pool house at less than SCTM#1000.70-10-28.3 (comer Green Hill Lane) Greenport, the code required bulkhead setback of the code permitted minimum rear yard 9•.20 A.M. - RICHARD E. and NY. SCTM#1000-33-2-29 75 feet, 2) more than the maximum code setback of 15 feet, 4) In-ground swimming AMANDA J-T. RIEGEL. III #6684 - 10:40 A.M. - LAWRENCE permitted lot coverage of 20%, located pool in a location other than the code re- Request for Variance from Article XXIII HOLFELDER #6682 - Request for Vari- at: 325 Willow Point Road (adj. to a ca- quired rear yard, 5) "as built" gazebo in a Section 280-124 and the Building Inspec- ante from Article XXII Code Section nal) Southold, NY. SCTM#1000-56-5-26 location other than the code required rear tor's July 29,2013 Notice of Disapproval 280-116(B) and the Building Inspector's 11;40 A.M. - DONALD J McCAL- yard, located at No # Montauk Avenue based on an application for building per- June 20, 2013 Notice of Disapproval LION #6686 - Request for Variances Fisher's Island, NY. SCTM#1000-9-2-15 mit for additions and alterations to ex- based on an application for building from Article XXIII Code Section 284 The Board of Appeals will hear all isting single family dwelling: l) less than permit for additions and alterations to 124 and the Building Inspector's August persons or their representatives, desir- the code required minimum front yard existing single family dwelling: 1) pro- 20, 2013 Notice of Disapproval based on ing to be heard at each hearing, and/or setback of 60 feet, located at: 3651 Cres- posed construction at less than the code an application for building permit for desiring to submit written statements cent Avenue (comer Central Avenue, required bulkhead setback of 75 feet, demolition and reconstruction of a new before the conclusion of each hearing. Munnatawket Avenue and Fox Avenue) located at: 6340 Peconic Bay Boulevard single family dwelling at; 1) less than Each hearing will not start earlier than 9AO AAL ; designated above. Files are available for Fisher's Island, NY. SCTM#1000-6-3-1 the code required minimum side yard - EDWARD J. FLAN- (adj. to Great Peconic Bay) Laurel, NY. ' review during regular business hours SCTM#reat Pecon1 setback of 15 feet, 2) less than the total 8 NIGAN #6687 - Request for Variance H.Op A M BEATS ao eTF combined side yards of 35 feet, 3) more and prior to the day of the hearing. If from Article =1 Section 280-116(B) SWAN SON than the maximum code permitted lot you have questions, please contact our and the Buildin Ins tar's Jul 30, #66811 - Request for Van- office at, 631 765-18(19; orb email: 8 Pce y antes from Article XXIII Section 284 coverage of 20%, located at: 100 Dean office at, (631) 765uthold.ny.us 2013, Amended August 7,2013 Notice of 124 and the Building Inspector's May 17, Drive (aka Beachwood Road) (adj. to Disapproval based on an application for 2013, amended June 24, 2013 Y Notice of Great Peconic Bay) Cutchogue, NY. Dated: September 9, 2013 building permit for a patio and pergola Disapproval based on appl ication for SCTM#1000-116-5-13 ZONING CHAIR- and ahem- 1.20PM - SUZANNE S. COLEMAN LESLIE KANES BOARD OF WEISMAN, APPEALS addition, at; 1 less than the code required building permit for additions application it bulkhead setback of 75 feel, located at tions to existing single family dwelling, at; f16688-Request forVariances from Article PERSON BY;Vicki Toth East 330 South lane (adj. to Gardiners Bay) 1) less than the code required minimum III Code Section 280-15 and the Budding 54375 Main Road (Office Location) Marion, NY SCTM#1(100-38-6-14 side yard of 10 feet, 2) less than the code Inspectors Manic 4, 2013, renewed An 53095 Main Road (Mailing/USPS) of 25 required minimum combined side yards gust 13, 2013 Notice of Disapproval based P.O. Box 1179 (a fee et, located at: East Marion, on an application for building isting[ for Southold, NY 11971-0959 (adj. . to Marion Lake) East Marion, NY "as Built" alterations to an existing pool SCTM#1000-31-12-6 house, construction of an in-ground swim- 11354-IT 9/26 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK D AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, btvu~ l~ G- Rea-,-L, JR residing at t3 t~A-15 h91 vt'2- La New York, being duly swom, deposes and says that: On the,Q3*J da of Syo , 2012, I personally mailed at the United States Post Office in Yccy 416, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown 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 vehicular right-of-way of record, surroundin the applican t's propert . (Signa Sworn to before meJt,,s 13c)~ dayof6e4Q*-Mb.o\,2011 CONNIE D. BUNCH Notary Public, State of New York Public No.01BU6185050 (Notary ) Qualified in Suffolk County Commission Expires April 14, 2 16 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. AEL U.S. Postal Servict-,r CERTIFIED MAIL,. RECEIPT y w` (Domestic Only; rR C3 C3 C3 a ri M1 119 y r i g,'F µ to w;. " 17C , iR 30.66 _ M1 ,~D Postage $ 0971 .-n0 Postage $ $0.66 0971 U certified Fee $3,10 02 o certified Fee f3.10 Postmark C3 C3 Return Receipt Fee (Entloreemenl Required) $2.55 Here O Return Receipt Fee Postma Q 1 O C3 (Endorsement Required) $2.55 Here ! 1 Restrcted Delivery Fee Restricted Delive Fee OO (Endorsementfleq,Inan $0,00 OW O (Endorsement Required) $0,00 , `D Total Posts e & Fees $6.31 y p g $ C* 7/2013 ~ E3 Total Postage B Fees $ $6.31 m ant o Sps ITl Sent o ri Bneet Apt. No.; p M1 or PO Box No. Streer, Apt No.: M1 DI PO BOx NO. CM Siete, ZIP+4 PS Forin ( 3800. August rr i rr r. U.S. Postal Service,,, ru CERTIFIED MAIL,,., • t+l Er (Domestic Mail Only, No insurance Coverage provide Cc O O ra ITTTTT ui N1171 ,i uT M1 a~a M1 N sill ~ ,D Postage $ $0.66 0971 ,-p Postage $ u $0,66 0971 O Certified Fee $3.10 LD C3 Certified Fee l7 $3.10 02 M Return Receipt Fee Post 1 O Retum Receipt Fes Postmark C3 (Endorsement Required) $2.55 Here 0 (Endorsement Required) $2.55 Here Restricted Delivery Fee yJ Restricted Delivery Fee ? (Endorsement Required) $0.00 W17 2013 -a o (Endorsement Required) $0.00 Q/vr -D Tom] Poste e & Fees p g $6.31 7/2013 C3 Total Postege & Fees $6.31 /17/2013 M at o m ant o r rR ral o Srieei,- . M1 orPOe .AID. M1 - - 1~. Ci .SZ/ P+4 c/ysare,nPawVID p7 pY` COMPLETE SECTION • • DELIVERY Complete items 1, 2, and 3. PJso complete a Sipn lure item 4 K Restricted Delivery Is desired. ? Agent ¦ Print your name and address on the reverse x so that we can return the card to you. Addressee t' ¦ Attach this card to the back of the mallplece, B. Race by (Prin e) C. Date of Delivery or on the front if space perks. 1. Article Addressed to: D. Is del ? ? Yes _ If y . e slivery address ow: ? No tam 601 1 07 r SEP 18 2013 so~~~o la NJ q 3. ? pt for fAardiarltlla.. ? Insured ,'.W' 4. Resitica d Delivery? pine Fae) 2. Artlcle Numt>ar _ O y" I'lle 'aO swvkg 18W 7013 0600 0000 6175 1092 3 PS For 3811, February 2004 Domestic Return Receipt Al 0~1 7- TOWN OF SOUTHOLD L~w7 d ZONING BOARD OF APPEALS `I SOUTHOLD, NEW YORK (y~q 0 AFFIDAVIT OF In the Matter of the Application of POSTING L I N A M tc(not,-d ,~Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- . COUNTY OF SUFFOLK) STATE OF NEW YO"RK)~ I, residing at _f 303 JCjm ie7y- e e J~o U T k4z 14 New York, being duly sworn, depose and say that: On the /b -tk day of 2015, I personally placed the Town's Official Poster, with the date of hearing 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) days prior to the date of the subject hearing date, which hearing date was shown to be -A-L+- q4I --1 15 t (Signature) Sworn to befor m this 3Do4k ~ Day o M , 2013 CONNIE D. BUNCH Notary Public, State of New York ^ No.01BU6185050 (Notary Public) %:;:;iified in Suffolk County Cornrmssion Expires April 14, 2 11o * near the entrance or driveway entrance of my property, as the area most visible to passerby. M heal 4items 1, d3, Also complete Restrict' d pel Is d A. signature A. is ¦ so P that WS rint Your name and ad dress on the ereverse can return the card to ¦ Attach "'a card t YOU. o the b gsd Received by f^ ack of the mailpiece, /-pl or on the front if s Name h l ace P Penults. SCIA AOle h~scJ~ C. Date 1. Article Addressed to: D. Is delNery address dMerent If YES, enter delivery ? Yes M~dwp~ eddree, ro . ? ~ ~31I'~ S c/p y„~ use cJDU iJ~( 1) R 3. SaDyce 7~'Pa l?g'Ltir'tlflad Mall E3 Fla Mall Reps ? Ream Receipt for Merohand ? Insured Mall ? C.O.D. Ise 2. Article Number 4. Rest cted Delivery! (Exaa Fee) ? Yes Mansfer from seMCS kb,# 7 7013 0600 0000 6175 1085 PS Form 3811, February 2004 - - Domestic Return Recelpt 70259602-M4540 • Office Location: SO(/jyOlO Mailing Address: Town Annex /First Floor, Capital One Bank # 53095 Main Road 54375 Main Road (at Youngs Avenue) u, -hl- P.O. Box 1179 Southold, NY 11971 • ~O Southold, NY 11971-0959 COUNT I, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 3, 2013 Mark Terry, Principal Planner LWRP Coordinator F r - 4 2013 Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6690 LLOYD, Michael 1000-70-10-28.3 Dear Mark: We have received an application for a deck with spa addition to a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-513 is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Les i K. Weisman Ch rp so B Encls. • 0 Office Location: soUTyoo Mailing Address: l Town Annex /First Floor, Capital One Bank # # 53095 Main Road 54375 Main Road (at Youngs Avenue) CIO P.O. Box 1179 Southold, NY 11971 ~O Southold, NY 11971-0959 COMM http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 3, 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 #6690 Owner/Applicant : LLOYD, Michael Action Requested: Deck with spa addition to single family dwelling, front yard setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie . Weisman ZBA ' per n By: Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~QF so53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # * Office Location: Gerard P. Goehringer Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~IyCOU Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 October 21, 2013 Donald G. Bracken, Jr. 1305 Jasmine Lane Southold, NY 11971 RE: ZBA Application #6690 - Lloyd Dear Mr. Bracken: Transmitted for your records is a copy of the Board's October 17, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, 1 c,L([{ C/u / ~ ~ Vicki Toth Encl. Cc: Building Dept. S.C.T.M. NO. DISTRICT: 1000 SECTION: 70 BLOCK: 10 LOT(S): 28.3 S q N C1,EA 11111 11, 1'' a r, ~D.. AVENUE R 3 8106'30 E rya>„~+~~r 132.77 to ,o„ m ~ ID m - CV z a Kwr rr..• m r„t 49.5' ~ , Fsr ~ LV \ z1 _ nr ar., v ns tm'r~° .us SM. a~Urat„t k :o. w l \ sam am 7 1. U.F. 0 arr O 1~uh\ Yid n1 ~o aoDO et_ t A m At 41 Wra. 8 \ ""K •cnq, - y1- - z - INV *&-43 SACK 7.90' -80.38 Ale (EL~))~s~ wr . r r r 1Rt~ ~ reOb ~ ~"n,~ ~tRA~' . . . r Ra7wc ,Q~ T.77{ r ~ O~ p A~ ~ r , . . . . .GOOSE CREEK- . . r r . . . a • . . r . . . . . . . . r . . . r r iLA • r . . . r . . . r . . r r r ~a. ADD PROPOSED DECK & SPA 03-07-13 THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS FIRM ZONE PANEL 166 AND OR DATA OBTAINED FROM OTHERS. AREA: 35,019.80 SQ.FT. or 0.80 ACRES ELEVA TON DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA T£ EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MICHAEL H. LLOYD; MAP OF: FILED: SITUATED AT: PINE NECK TOWN OF: SOUTHOLD KENNETH M. 110YCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design uu P.O. Box 3, Mattituck, New York, 11952 FILE p 12- 118 SCALE: 1 "=40' DATE: SEPT. 21, 2012 PHONE (831) 29a-1588 FAX (831) 298-1388 N. Y, S. LIC NO. 50227 maintaining the records of Robert J. Hennessy purr ULK U K ~..,.m.wW.--.-- w .a,~„d,r;.,~°. 6~N Real Property Ta, Service ggency v { o g _ ^y aF ,.ww, a.i A ,t 'J d 21 1A4c) 2 a dm ~ UavE. jNOO~oisrNicr NOS • ~4 ~ti u ~ & u tin w I _ a 02 L/oyd ,rep/ , It i o- M, 3 Of M&I'lla S' ~Z- -7(3_ /0 3 19.10 ,9.t ~ -70 O -7D U p~ q, l ig 191 TIN Yv ) u need O S w s IV A IN i t TP St ,9 r ,0~ m w ~7 19 p.. tMIA pt ~ ,i 3 9,? M a 1 a,y. , m .p ~ a .p ~i ~cl m ? N w m m t ~ m r a 9.1 .C 4 s w ,i T r r, O? 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NC u w a rovm oFa z9 n Tg1 4e-. ~3 y a., ax ~ ~ z, ~ ).~-.:~orent.aut ~ sartNao N 'm p 'm -wia, ^w m PD ~ gzi _ ,t, scr > NOTICE COUNTY OF SUFFOLK © K Real Property Tax Service Agency i _ Lemgl Lamas NVaMa0.NY1Hp1 71 1~ ..T m wu ww W,aW wMA~ 66CNOa axEFO w Efl. A `B mom. o