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6693
(!14 EkpL) 544 KA 600 kAB61-1z x, )e E. M4p-10D) i3 ?~~~~j3 - /4MC-A ) FXlsi.~JG ~ekr~~T 3d~/v Z i ~cLv~~ AEmv REEC KD 12L)C71-eA-) D Nd?ES /9. ! ?D Fx i 57>AcU G 601-kA EA P - Ai2TXX;t I O'T`C arPO /a fib /(I1~~ 3 ~j'1'?vv~-d i(~ 2i~ (3 BOARD MEMBERS OF so Southold Town Hall Leslie Kanes Weisman, Chairperson AO~~ ry~l0 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # Office Location: Gerard P. Goehringer rn ac Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider OlyC~~ N Southold, NY 11971 http://southoldtown.northfork.net R P~E15VE ZONI NG BOARD OF APPEALS 1- 3TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 , Southold T~n Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2013 ZBA FILE: 6693 NAME OF APPLICANT: Joanna Chemushka PROPERTY LOCATION: 600 Rabbit Lane (adj. to Gardiners Bay), East Marion, NY SCTM # 1000-31-18-13 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 23, 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 November 1, 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 The parcel is 6,758 square feet in an R-40 District. The parcel is improved with a 2 story frame seasonal dwelling and an accessory frame garage. The parcel fronts Rabbit Lane for 64.27 feet to the North, is waterfront to Gardiner's Bay for 53.55 feet to the south, is bounded by an adjoining property line of 118.25 feet to the east and is bounded by another adjoining property line of 115.95 feet to the west. All as shown on the Survey prepared by John T. Metzger, L.S. dated February 6, 2013, last revised Aug. 25, 2013 (setbacks). BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's September 6, 2013 amended September 11, 2013 and amended again on October 31, 2013 Notice of Disapproval concerning a permit to amend existing building permit #38109z (storm repairs) to include additions and alterations to a seasonal dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet. RELIEF REOUESTED: The applicant requests a variance to construct second story additions and alterations proposed at a setback of 19.1 feet from a bulkhead where the code requires a minimum of 75 feet from a bulkhead. All as shown on the architectural drawings prepared by Joseph Fischetti, Jr., P.E., Sheets #1, #2 and #4 dated 8/26/2013 and Sheet #3 dated 9/13/2013 and the Survey prepared by John T. Metzger, L.S. dated February 6, 2013, last revised Aug. 25, 2013 (setbacks). Page 2 of 3 - November 21, 2013 ZBA46693 - Chemushka SCTM# 1000-31-18-13 ADDITIONAL INFORMATION: The pre-existing seasonal one family dwelling had extensive structural damage by hurricane Sandy. The foundation and the first floor have been repaired and improved in-place. The pre-existing ceiling height of the second story is not code compliant. The applicant proposes to reconstruct the second story in- place with a code conforming ceiling height. The agent for the applicant submitted an aerial view of the neighborhood showing the request as conforming to the area. Additionally, he provided several variances previously granted by the Board of Appeals to properties in the neighborhood with similar setback requests. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7, 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 5267-b(3)(b)(I). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many seasonal dwellings in this neighborhood have similar nonconforming bulkhead setbacks and the proposed second story raised ceiling height will not create a detriment to nearby properties because a number of dwellings on Rabbit Lane have been enlarged to include second stories. 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 pre-existing seasonal dwelling exists in its pre-existing non-conforming bulkhead setback location and any proposed additions and alterations to the second story will require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 75% relief from the code. However, the proposed alterations and additions to the second story would not decrease the pre- existing non-conforming bulkhead setback. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the 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 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 of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of raising the ceiling height of the pre-existing second story, 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 Schneider, seconded by Member Dances, and duly carried, to GRANT, the variance as applied for, and shown on the architectural drawings prepared by Joseph Fischetti, Jr., P.E., Sheets #1, #2 and #4 dated 8/26/2013 and Sheet #3 dated 9/13/2013 and the Survey prepared by John T. Metzger, L.S. dated February 6, 2013, last revised Aug. 25, 2013 (setbacks). 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. Page 3 of 3 - November 21, 2013 ZBA#6693 - Chemushka SCTM# 1000-31-18-13 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), Goehringer, Horning, Schneider, Dantes. This Resolution was duly adopted (5-0). . 4-c- 44 14- Leslie Kanes Weisman, Chairperson Approved for filing f/ 144 /2013 N SURVEY OF PROPERTY ` Jew o A T EAST MARION TOWN OF SO UTHOLD Test Boring SUFFOLK COUNTY, N. Y. by McDonald Geoscience x39 y 1000-31-18-13 3101113 g o _ EL a 3 •F, R~NtO ° SCALE. 1'=20' Q 9y0 xtia dam- ` FEBRUARY 6, 2013 MIXED SAND AND T p FEB. 25, 2013 (revWon) LOAM O O AU6. 29 , 2CH3 (tact bor 3.8 EL 0.5 * At25, 2013 (SETBACKS) tr Oy WATER W MVED a T SAND A i h I~ AT INPBROWN ~k2 ml s, yy BOG 0 Y WATER IN BROWN ,Ifo G?g' I~ ® s~ CLAYEY SAND yOPy p `5~ 0 ~~~~Pr q,~ \ \ Z~ 9• \ t¦. faa A WATER W PALE BROWN FOIE TO COARSE SAND 17, Sw N 0 RAIN R NOFF CONTAINMENT 5N HOUS B GARAGE -952 5q.ft. _ 1h~ ti y? 1'sJ° p•l 952 x 1 x 6.17 = 162 cu.ft. y xkk 0' x,. FINAL MAP provid 2 DRY WELL 8'0 * 2' Deep REVIEWED BY ZgA ! at SEE DECISION # REPLACE STORM DESTROYED ~G~ ti5~4 ~9? o v~ ryd \ '01'S' DATED SECTION OF EXISTING DWELLING 4p}A 0~ ELEVATE HOUSE TO FINISHED FLOOR 0 ,A TO ELEVATION 8 NAVD. ~y x104 ~s- ~f ' / y~ Y~ /Lvl~ 9J cP~VOF NEW YO j 5 ,aT. i SFP 17 2013 AREA-6,758 SO. FT.a / 5~~ TO TIE LINE 4 fi ~ BQARI.k nF APPEALS `o~, fvo..:9610 0~ ELEVATIONS REFERENCED TO N.AV.D.'88 FLOOD ZONE FROM FIRM RATE MAP N.Y.S. L/C. NO. 49618 MAP NUMBER 3610300177 H SEPTEMBER 25, 2009 ANY ALTERAT7ON R ADD177ON TO THIS SURVEY IS A NOLAT/ON ECONIC YORS, P. C. OF SEC77ON 72090E THE NEW YORK STA7E EDUCA77ON LAW. EXCEPT AS PER SEC770N 7209-SUBDIVISION 2. ALL CER77FICAT70NS (631) 765-5020 FAX (631) 765-1797 COASTAL ROSION EROSION AREA MDAP LINE FRONO.OAB T636-83 • -MONUMENT SAIDEAPROR COPIES BEAR? THE IMPRESSED7SEALOFETHEOSURVEYR 12JO TRA E ER STREET HER VALID FOR TH MAP AND COPES LY IF P. 0. BOX 909 HAZARD PHOTO - E 0 =REBAR WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 F13-116 cn z O H Q D: W H J Q W En O w z 13 [1 n z FINAL. MAP I x< REVIEWED BY i w SEE DEC SI z v °o DATED l I J `O w J Fc 1 n Fo W O LULqQ, z O cn W OE EL AS' cn NORTH ELEVATION SCALE: 1/4'~= 11-0" EXISTING RECONSTRUCT DNS DUCT ea w w Z z } Z i W ~°ON Q m~~ p o ~ a~co i Cf) w l(o(~~ w0 Of a RECEIVED SEP 17 2013 BOARD OF APPEALS EL"9'4' DRAWN BY: JF Monday, August 26 201: pF NE{yY SCALE: 1/4" = P-0" 9 SHEET NO: WEST ELEVATION s 05 SCALE: 1/4" = V-0" cn z O H Q W H J 0 Q W cn D O 2 cn z H N H FINAL MAP < P~C4 REVIEWED BY SEE DEDISIONI # Z u o 11=a- I DATED I J ° w a-EL.9s J W 3 0 J m CRAnFF149- Q :nnv Pi as• Z O ch SOUTH ELEVATION Q W SCALE: 1/4" = 1'-0" En RECD N STRUCT EXISTING cc w w Z Z wzw w X-jN z m O t tsl~) O0 U) amp LLI O RECETVECr SEP 17 2013 BCALK) OF AFPFAU, I DRAWN 8Y; IF G] DE EL 45• NEw Monday, August 26 pSCNF yO9~ SCALE: 1/4" = V-0" 1 EAST ELEVATION a SHEET NO: SCALE: 1/4" = P-0" 26,p ~1Co SIONP~' 29= V/ z O F_ w 0 H J Q W 20'-0" D 6'-4'14" 6'_5" 61-41/211 0 5 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER H h E' O n 4X12 GI t r 4 _ pq r oC D: m "0 0 00 - C'3 V O y N ~jX J J " 4X12 GII " 4X12 GIRDER _ _ 4%12 GIRDER _ 4X12 GIRDER LLa Q 101d,a. PILE 15 TON ULTIMATE Z CAPACITY (TVP) IO 20'MIN, LENGTH OF 0. O O x' INSTALLED PILE EXISTING CROSS SECTION EXISTING x CHIMNEY ~0 ¢ W SCALE: 1/4" = 1'-0" 0 _ _ 4Xt2 Gq N „ 4%12 012 GIRDER GIRDER 4X12 GIRDER 0 - m M I. O " ..a „m 11-7/B ML b EXISTING M RIDGE , STOOP 4X12 GIRDER 4X72 GIRDER 4X4 GIRDER EXIn NG 12 1 5 TG. v1 4X12 GI[ - - 4~ 2X10 RR@16.OC ~ UTILITYSHED f+l 2X8 CJ @16"OC i w m ry iiC 1 t0"d,a. PILE is TON ULTIMATE u 0 ao ul5 CAPACITY TYP) x ' C7 } 20' MIN. LENGTH OF Z •J z z SIDING PER OWNER REBUILD R w/UNDERLAYMENT „0 ~i0 INSTALLED PILE W m 9i OVER 1/2H TG LEDGER BCMDTD BE EASTENDEO I~ 2X4 STUD WALL @ 16"OC " TO BWLOING Wf TIMBERLOKm „ SELF COIJ@RSINMNG SCREWS Q 003 11 SCREWS ®16" Oq Lll 4X12 SIR z m m I 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER - ~ 0 C5 3/4" SUBFLOOR i EXISTING U) y{g1LReK0 _ _ _ STOOP D 2X10 DFN2 SISTER/AD EX. WALL TO BE REMOVED TO EX FJ @ 16"OC ? ? ? REPLACE w/ NEW BEAM FINAL MAP e~ a REBUILD EXISTING EXISTING G-41 61-4V1 61-5'j 61-41411 REVIEWED Y ZSA 5B 5, Za o„ SEE DECISIO # (R3 DATED„] SIMPSON TSP EVERY REFIRn~"oOR° OTHER, IST 7w) FOUNDATION . EF.EI,.99_ TION PLAN ..1 DDnlCr`T KinD-rU N W .1. s s1ERFD ro 2x6 FA .16.0c SCALE: 1/4" = 1' 0" _ N 4 V-0 ~ DRAWN BY: JF NO CHANGE IN GRADE ELEVATION GRADE EL. 4.5' 0 F NEW Friday, September 3, 20 RECEIVEC, ti a ~s0 p~ SCALE: 1/4" = V-0" SEP 17 2013 °g 9 SHEET NO: n 1O'dia. PILE 15 TON ULTIMATE BOAkiJ OF APPEALS y0 ~o. os2 CAFA"TM(TYH) PROPOSED CROSS SECTION PROFESSIa~~^< 2d MIN LENGTH OF INSTALLED PILE SCALE: 1/4" = 1'-0" cn z O H Q FINAL W2 REVIFT-jF!") BY B SEF ~E'I i0 # DATED V.M / j 2 ~ z LAJ x T_p.. 5•-p,. T'-p" x 5'.p" T-D" x 5..°l. O Q Iti 0 4 Q o W 'o C'S U O tH/) Q 1- Q v-°' GAS w/DIRECT VEW H ~ W OR WOOD WITH CHIMNE J LLB 2432 2432 - O o J Q O Ifl ° z O Z,_o„ Q 71 w - ~ 3 a p 12'-8 - EX STAIR Q (NOT TO CODE( ' O CLOSET 22 ~ k U EGRESS 4'-3'%" 8 _i.. CX135 CX135 CX135 W ((X25"OPNG) Z 2 EX. E 2 EX. BATH m z 00 BREFRAME UMPOUT XISTING W Z T EX. KITCHEN 00 o N (MECHANICALS) -J X J Q 00~ Z m=r p O O.:o(il act A251 A21 U - 2ND. FLOOR PLAN 1ST. FL00 FLOOR PLAN 0 SCALE: 1/4" = 1'-0" ALE: 1/4" = 1'-01, a @TPROJECT SCALE: IR' ENORTH ~,ECEIVErT E-}- PROJECT P /1N )JECT NORTH SEp 17 2013 BOFR'_, c,;: npPFALS DRAWN BY: JF Monday, August 26 201: pp NEYyy a SCALE: 1/4" SHEET NO: as stoke WIND LOAD PATH CONNECTION AND CONSTRUCTII ;UCTION DETAIL DRAWINGS o USE THE FOLLOWING APPROVED 1151- METAL CONNECTORS FOR PROPER WIND RESISTANT t GOOD CONSTRUCTION. FOLLOW MANUFACTURE'5 RECOMMENDED IN5TALLC 'ED INSTALLATION INSTRUCTIONS TO ACHIEVE MAXIMUM UPLIFT LOAD CAPACITY. F Q KING STUDS ENDWALL CRIPPLE STUD RAFTER \ J WALL STUD Q o BOTTOM PLATE HEADER RIDGE LEDGER LEDGER BATHTUB W SIDEWALL DOUBLEJOIST c1n RAFTER FT. J JACK STUDS FLOOR USP NUMBER DESCRIPTION APPLICATION O W F-I 1ST ADS5 HOLD DOWN CONNECT TO I SIDE OF ALL CORNERS ANCHOR TO FOUNDATION WIANCHOR BOLTS BATH /SPA TUBS TO HAVE A DOUBLE FLOOR JOISTS UNDER FOR ADDED SUPPORT 1--I O CONNECT TO I SIDE OF ALL CORNERS ON LOCATION USPNUMBER DESCRIPTION APPLICATION LOCATION USPNUMBER DESCRIPTION APPUCATION RAFTER SIZE USP NUMBER HOLD DOWN BOTH HOT. PLATE OF 2ND FLOOR AND TOP IIZE USP NUMBER . SLOPE HA N APPLICATION SUPPORT EACH WALL RUNNING PARALLEL WITH THE FLOOR H 2ND. ADS5 ANCHOR PLATES OFiST. FLOOR CONNECTTHROUGH ALLOPENINGS LSTA12 1-IMx12"2aga.STRAP APPLY TO EACH JACK STUD ROOF LSTA24 1-114'x24'20ga 5TRAPAPPLVOVERHIDGE TOEACHIHAFTER 2xfi-2xG L. 1A1 THE FLOORS TO EACH OTHER WITHREADED ROD. ALLOPENINGS RT3GRRTt TYODWNANCHOR APPLYTO EACH CRIPPLE STUD 2X10 L5210 iBl 1 LS2fi 189e SLOPE HANGER APPLY TO EACH RAFTER /LEDGER JOIST DIRECTION (2) JOISTS. UNDER ALL. L5110 1.1.. SLOPE HANGER APPLY TO EACH RAPFER I LEDGER FOR JOIST NOT T DIRECTLY DIRECTLY UNDER PARALLEL L WALLS. PROVIDE BLOCKING 024"OC WALLSTUD TI VI THROUGH-ROOF EXHAUST I W L, VENTS SELECTED AND METAL STRAP LI LOCATED BY CONTRACTOR V Q VI CRICKET AT TOP-SIDE OF VENTILATION CHANNEL H AD W RIM BOARD CHIMNEY RIOTER AS REQUIRED RAFTERS MAINTAIN J ' SILL PUTE(S) WALL SHEATHING RAFTER: VENTILATION WOODJOIST SIDEWALL FLASHING FOUNDATION TOP PLATE - BLOCKING ' - - FINISH WALL AND MOISTURE 2x4 LEDGER BLOCKING / 2x4 SOFFIT JOIST STAFFING TO BE ATTACHED TO WALL STUDS @49"OC BARRIER TO UP FLASHING AND ALL W WDOW/DOOR OPENING JACK STUDS AT WALL MAINTAIN GAP AMC SHALL BE PROVIDED WITI LL BE PROVIDED WITH A FASCIA NET FREE VENIUTING AREA - *JOISTSAT ED B THAN 1/150 OF THE AREA OF GUTTER FLOOR JOIST DEPTHUSP NUMBER DESCRIPTION APPLICATION BETWEEN WALL FINISH AND MINIMUM NET FREE VENTIUM INSTALL 4'0'O.C HOOFING TO AVOID SOAKING WALLSTUD NOT LESS THAN 1/150 OF THE Al THE SPACE VENTILATED ALL OF 4--a" LSTA24 1-111-x24"20ga STRAP AND JACK STUDS SHALL BE COVERED WITH CORRC VENTILATED ALL OPENINGS WOOD GIRDER COVERED WITH CORROSION- ONTIN. SCREENED VENT N It ON ALL OPENINGS PROVIDE HEMMED EDGE AT RESISTANT METAL MESH WITH M INSTALL 40"0 C FLASHING TO FORM CHANNEL OCATION USPNUMBER DESCRIPTION APPLICATION OPENINGS OFM INCH IN DIMEN51 F METAL MESH WITH MESH CONTIN SOFFIT /EXT. PLYWOOD ECISIO OF N INCH IN DIMENSION. SOFFITED EAVE D--- . 8'-14' LSTA30 IAM'x30" 18ga STRAP AND JACKSTUDS ANO SO -T. MAINTAIN AIR CONNECT 10 ON ALL OPENINGS / GAP TO ENTCAPRLARY 4'LLEZIFTER RT10 10-314"x Hga TVDOWNANCHOR EACH RAFTER INSTALL 4'D" D.C. ACTION PROVCED AND V' ROOF VENTILATION SOFFITED EAVE DETAIL ~yJ 14"18" LSTA36 1-114"x36" 1age. STRAP AMID JACK STUDS 8'-12"RAFTER RT20 21-VIP x 20ga. TYDOWN ANCHOR CONNECT' 10 ROOF EACH RAFTER SOFFIT ON ALL OPENINGS ROOFIN KEEP SHING6 NAILS OUT OF PUSHING PNO. FLOOR WALL Cr) ROOFING UPS BASE FLASHING 4INCHES BASE FLASHING WRAPS CORNERS, RAFTER -1-g- Ll EXTENDS UNDER SHINGLES AT RIDGE CAP OF SAME SIDES 4INCHES AND UPS MATERIAL AS ROOFING NAILED TO SHEATHING SHINGLES AT BASE MIN. 4INCHES THROUGH VENT WOOD JOIST TOP PLATE F GIRDEWHEADER 1ST FLOOR WALL STOPING TO BE ATTACHED TO WALL STUDS@4B"OC SIDS WALL FLASHING AND ALL WINDOW/DOOR OPENING JACK STUDS METAL FLASHING AT ALL EAVES, SIDEYIALLS, WALL STUD WOODJOIST FLOOR JOIST DEPTH USP NUMBER DESCRIPTION APPLICATION AND RAKES - PROVIDE HEMMED EDGES 60 RAFTERS AFTERS INUFACTURED KEEP SHEATHING MIN 1-1/2" ALL JOISTS CONNECTED TO A FLUSH HEADER TO BE SUPPORTED WITH INSTALL 4'D' D C. A5 TO FORM DRAINAGE CHANNELS AND LSTA36 1-114'Y36" laga STRAP AND JACK STUDS PREVENT CAPILLARY ACTION LOCATION USPNUMBER DESCRIPTION APPLICATION PRE-MANUFACTURED ON ALL OPENINGS EACH INSTALL 4'0' O.C. RAFTERIPUTE RT15 TYOOWN ANCHOR RAFTER TO PLA E OVOEGRERIN TOOLDS /ENT FOLDS FROM PEAK TO ALLOW FREE LTHE PROPER L IV-16' MSTAAB IA/4"xA"16ga. STRAP ANDJACKSTUDS CONNECT OVER! CONFORM TO SLOPE IDGE TO NR PASSAGE IF ABLE, SET FIR JOISTS APROXT1/2" HIGHER THAN LVL HEADERS RJ W IM TO SLOPE TO ALLOW FOR SHRINKAGE. E REDUCE BUMP OURS W ON ALL OPENINGS PUTEANALL SPTH4 STUD PLATE ANCHOR UTES TO EACH STUD OFROOF F Z DBIL SILL PLATE TER ERMIT PLATE SILLGASKET FSNBFLOOR •J Z (D Z WOOD JOISTS w ED NEOPRENE . • \ TVP CONC. FOUNDATION CONC SUB ( A fi CON MIL C GASKET OAMPP O EXTERIOR y GRANULAR FILL ) L6 nx0 CONTINUOUS WOOD PLATE J X Ln BOLT TO STEEL BEAM WITH Z m O [O BMIL POLY LY ON N EXTERIOR • v A ' \ ~ STEEL COLUMN ' I/2 " DIA. BOLTS • 4B" o.c. STAG. F ^ a a • 1 ( CONC. SLAB ROOF JACK II1\ STEEL BEAM O d 0 4" x I14• x B" STEEL n v y I COMPACTFILL ROOFING UPS PS TOP AND BOTTOM PLATE U) KEYWAY FOOTING V n Q•p ~p Q CONC. FTG p ,44p oQ o' n FUSSINGT R WASHERS SIDES AND TOP US QLA o ANCHOR BOLT CONNECTION USEW(UITHSP LBPS O568 ORBP583) e PSB31) T WITH x G" ANCHOR BOLT W DP WITH GROUT UL, p• p DRAIN TILE REINFORCING BAR ANCHOR BOLT CONNECTION FOUNDATION 518' DIX ANCHOR B©LT p SUPPORTING MAXIMUM SPACIN(G FLASHING UPS 3" STEEL COLUMN ON/ 1PS IO KIPS) YY SILL PLATE O FOUNDATION 1 STORY TT OC ROOFING AT BOTTOM BOTTOM a CRAWL SPACE PACE OR FOUNDATION) TYPICAL BEAM DETAIL T'PICAL GONG FOUNDATION APPLY PILASTEPS SILL PUTE TO FOUNDATION 2 STORIES 58' OC WHERE NEEDED FOR STRUCTURAL BRACING. MAN. 3"STEEL COLUMN ANCHORED T024"x24"x12"CONC `TG CRALLSPAC Fo NDATION STEEL / BOTTOM BEARING WALL BOTTOM PLATE TO FOUNDATION 1-2 STORIES W.OC BUA N,GRADE ROOF ROOF JACKS 4 VENTS DETAIL CONC SLAB SUBFLOOR I ~ 6X61O)IO WWM / GARAC GARAGE` DOOR FRAME COMPACT FILL t~ DOOR DOOR um ne JOIST 4' BLAB P T. PUTS /W/ 6X6 WMM 4" BLAB FN BLOGHOUT III- STEEL BEAM Y _YII ICI wi 646 Wre - SLOPE DRAWN BY: IF 1/Y AIR SPACE <1 C~ 4"DRIVEWAY~ NOTGN JOIST NAV-ANOLATEST HEIGHT • 9 1@4 . WITH H A NALiNG PUTS IF NEEDED) ATENOANO 1 t.C'q EB OF WOOD • • APROX. OR TO BE FAMTO L0" ALLOW HIS THAN O ' i o . : • (/17+ FOR STEE H N Monday, August 26 2< GRACE • 4 BEAMS •a J•p 0' 41q a 4 p . ° < ~ 1 (PROVIDE STRAPPING ING TO TO KEEP EEP ITT NEKI 1Y 6%6 W.W.M. - -..T ' p ° C'q C'q A4 a NOTCH BEAM FOR MUOSILL IF REQUIRED MAXIMIUM MIN. ,/b S a ^ REINFORCING BAR REINFORCINGBAR NOTCH EQUALS 1/4 DEPTH OF BEAM p ~'.Qo •0•A - sIDNF~~q~ SCALE: 1/4" = 1'-0" >e° of CRAINTILE 1P' SHEET METAL / 30F FELT UNDER BEAM AT POINT OF CONTACT WITH CONCRETE OR CONC. BLOCH pECEIVED 3u SHEET NO: TYPICAL CONC, MONOLITHIC FOUNDATION REINFORCE WITH (2( x} REINFORCING BARS THICNEN SUBS BENEATH BEARING WALLS AND COLUMNS. . SHIMS TO LEVEL BEAM REINFORCE FOOTING WITH (2) 04 REINFORCING BARS 3" MINIMUM BEARING SURFACE FOR WOOD BUM GARAC EP 17 2013 GARAGE DOOR BLOOKOUT , 06z6~~ BEAM POCKET 2npgD OF APPEALS FEgS10~~ cn Z FINAL MAP 0 REVIEWED BY ZBA C~- GENERAL ~OT S WIND FRAMING NOTES NAILING SCHEDULE 7).ROGE-TO-RAFTERASSEMBLY: SEMBLY: ROOF FRAMING: PLAN CONTENTS: SEE DEC 10 # r 1-1/4" x 20 gauge strap shall be atached to each pair of ratters in accordance to table 3.4. JOINT DESCRIPTION NAIL TINAIL TES OCCUPANCY CLASSIFICATION R3 L 9AVEW When a collar tie is usetl in leu of a ridge strap, the number of 10d c ommon nails required QTY CONSTRUCTION NOTES: in each entl of the collar tie need not exceed the tabulated umer of Btl nails in the strap. AFTRTO &WALL 3-Bd COMMON int Tha informehon within this sal of construction constr documents is related to basic tlemgn 2). RAFTER ASSEMBLY: TOP PLATE 10' WALL: 4-8d COMMON -NAIL BUILDING USE RESIDEN TiiLDWEU-ING - - El II DING HEIGHT ¢ intanl entl framing details. They are intentletl as a consWctien aitl not a substituta Lateral framing ing and end sh hear wall connections for rafter, ceiling or truss to top plate shall be In CEILING JOIST 8' WALL:3Ad COMMON E-NAIL TOTAL 90. FT. OF CONSTRUCTION LL~ for generally accepted good building placthe and compliance with current New York accordance to table 3.3 When a rafter or buss de not fall in line with studs below, rafters TO TOP PLATE 10' WALL: 4-Ld COMMON Sate building codes. The General Contractor Is responsible for providing standard or trusses shall be attached to the wall top plate end the wall top plate shall be attached to CEILING JOIST TO AS PER TABLE 3.7 ACE construction dealls and proradunes to ensure a professionally finished, structurally the to the wall stud with uplift connections. Reefs overhanging the rake side of the holding PARALLEL RAFTER WFCM -SBC AIL DESIGN CRITERIA PRESCRIPTIVE AS PER N.Y.S. RESIDENTIAL OONSTRUCTION CODE AND U) CUR T BBC NIGH WIND EDITION WOOD FRAME CONSTRUCTIO MANUAL sound antl a weatherproof completed product. shall be connected with uplift connections in accordance with table 3.3c. CEILING JOIST LAPS AS PER TABLE 3.7 ACE FRAMING ELEMENTS AS PER FLOOR PLANS CROSS SECTION AND GENERAL NOTES O 2) The General Contractorls responsible far ensuring that all work and construction 3). WALL-TO-WALL ASSEMBLY: OVER PARTITION WFCM-SBC AIL EXT. BALCONIES O meets c linen federal, state, county antl local codes, ordinances and regulations, etc. Wall studs above nd stutls below a floor level shall be anot hetl with uplLl connections in COLLAR TIE AS PER TABLE 3.4 ACE These codes are to be considered as part of the specifications for this building and accordance with table 3.3b. When wall studs above de not fall In line with studs below, the TO RAFTER WFCM - SBC END NAIL DECKS S = ,I should be adhered to even If In variance with the plan, studs shall be attached to a common member in the floor assembly With uplift connectors In BLOCKING 2 - Bd COMMON EACH TOE accordance with table 3.3. TO RAFTER END NAIL ATTICS W/O STORAGE 40 W H 3). Dimensions shall fake precedent over scaled drawings. RIM BOARD EACH END DESIGN LOAD CALCULATIONS ATTICS w/ STORAGE 20 ~ y Q ROOF (GROUND SNOW LOAD) (DO NOT SCALE DRAWINGS). 4). WALL ASSEMBLY TO FOUNDATION: TO RAFTER 2-ifitl COMMON END NAIL First wall studs shall be connected to the foundation, sill plate, or bottom plate with uplift 4). The designer has not been engaged for construction supervision and assumes no connectors. Steel straps shall have a mlmmum embedment of 7 inches In concrete WALL FRAMING: (LIVE LOADS PEP) 20 ROOMS (OTHER THAN SLEEPING) 40 Q ROOMS (SLEEPING) r•L responsibility for construction coordinating with these plans, nor responsibility for foundation and.1aban-grade, 15 Inches in masonry block foundations, or lapped under censimction means, methods, techniques, sequences, or procedures, or for safety the plate and nailed In accordance with able 3.3b. When steel straps are lapped under the JOINT DESCRIPTION NAIL STAIRS 30 I W SIPNAIL NOTES precauilans and programs In connection with the work. There are no warranties far a bottom plate, 3lnch square washes shall be used with the anchor bolts. Anchor bolt OTY specific use expressed or implied In the use of these plans. spacing is to be spaced and sized In accordance to table 3.23. In addition to spacing, TOP PLATE TO 2 - 7fitl COMMON PER FACE NAIL i GAURDRAILS (ANY DIRECTION) q0 q4 0 r R U O [-i anchor bolts are to be spaced between 6-12 Inches from the end of a sill plate and it TOP PLATE FOOT SEE NOTE 1 11L EXPOSURE CATAGORT V E 1 LOAD PATH SEE CONSTRUCTION ANDWIND PATH CONNECTION Z W 5). Refer to the Window and Doer schedule for exterior openings. corners. TOP PLATES AT 4-Teri COMMON MOINTE FACE (ROOF - FOUNDATION) DETAIL PAGE 4 GE A NOT PAG INTERSECTIONS ETA. SIDE NAIL 6). The General Contractor is to ensure that masonry or prefabracled fireplaces meets 5). TYPE I EXTERIOR SHEARWALL CONNECTIONS STUD TO 24" FACE NAILING SCHEDULE SEE GEN AL NOTE AGE J or exceetls manuacNre's spaclflcetlons and applicable codes Type attached with r sheer walls with a minimum of 7116 weed structural panel the exterior STUD 2 -16d COMMON O.C NAIL ype I e with Bd common nails at 6" o.c. at the panel el edges and ctu o.c. In the e field, and EGRESS SEE FLOG LANE AN WINDOW SCHEDULE LLJ The General Contractoristo consuRwlth the ewnerfarall built-In items 112 inch gypsum wallboard an the interior attached with 5d cooler nails at]"o.c. at panel HEADERTO 16c] COMMON 1Ifi"O,C. FACE FIRE PROTECTION -11-. (5M I 4 C02 D DTO S) SEE FLOOR PLANS such as bookcases, shelving, pantry, closets, trims, etc, edges and 10' a c. In the field shall be in accordance with the length requirements specified HEADER ALONG EDGES NAIL in table 3.15a-b TOP OR BOTTOM 2-16d COMMON PER 2x4STUD END B) Wind load requirements shall be taken into account during construction PLATE TO STUD 3-find COMMON PER 2x8 STUD NAIL U55 DESIGN WA - STANDARD STICK FRAME CONSTRUCTION ~1 6) TYPE II EXTERIOR SHEARWALL CONNECTIONS. TO: FOUNDATION NOTES. Type II stmanwalls shall meet the requirements of able 3.15a-b times the appropriate BOTTOM FLOOR JOIST, PLATE BAND JOIST, 2 - ..COMMON ENERGY CALCULATIONS REECHECK J IF0PER FACE 0T SEE NOTE 1 The General Contractor and Meson review plans, elevations, details and notes to length adjustment nt f factors in table 3.16. END JOIST OR BLOCKING 1) 1,2 1L CLIMATIC & GEOGRAPHIC DESIGN CRITERIA ¢ determine intended heights of finished floor(s) above typical grade. 7), INTERIOR SHEARWALL CONNECTIONS. FLOOR FRAMING: GROUND WINO SEISMIC FROST WINTER ICESHIELD Z O SNOW SPEED DESIGN WEATHERING LINE TERMITE DECAY DESIGN UNDERLAYMENT FL000 2), All famings to rest on Undisturbed (virgin) soil. (MIN. SOIL STRENGTH AT 2000 id) Allowable edevvel lengths provided! in table 3.14 shall be permitted to be increased when p interior shearruells are used. Sheathing and connections shall be in accordance With JOINT DESCRIPTION NAIL NAIL NOTES LOAD (MPH) CATEGORY DEPTH TEMP. REOUIRED HAZARDS 3) Provide 1/2" expansion feint material between concrete slabs and shooting 2 4 4 2 and 2.2.4 respectively JOIST TO: QTY. P'ER SPACING TOE 20 LBS. 110 B SEVERE 3PT. MODERATE SLIGHT TO 17 NONE W concrete or masonry walls occuring in exterior or unheated interior areas 4 - ed COMMON 8). CONNECTIONS AROUND EXTERIOR WALL OPENINGS SILL, TOP PLATE OR GIRDER JOIST NAIL R TO HEAVY MODERATE - 4) Any new concrete walls being attached 0 existing concrete structure shall Header and/or girder connections shall be atached with uplift connectors in accordance BRIDGING ROOF SHEATHING REQUIREMENTS FOR WIND LOADS: Ul 3.5with table 3.5. Window sill plates shell be have steel connectors in accordance with fable TO JOIST 2 - BdCOMMON END NAIL be installed With 44 re-bar, 1 8"long at 12" e.c Use approved epoxy for instillation' EACH TOE . SHEATHING LOCATION NAIL SPACING NAIL SPACING AT INTERMEDIATE NOTES 5). Unless otherwise noted, all slabs on grade to be 3500 p.s L. Concrete to be BLOCKING 2- 8qCOMMON EACH TOE poured on 4 Inch thick sand or gravel fill with 6x6 wire mesh reinforcing. Interior slabs 9). CATHEDRAL CEILING ASSEMBLY: TO JOIST EIND NAIL AT PANEL EDGES SUPPORTS IN THE PANEL FIELD 4' PERIMETER EDGE ZONE Btl COMMON 6" O.C. Bid COMMON @ 6" O.C. SEE NOTES: 1,3 to be minimum 3-112 Inch thick. All fill to be compacted to 95% relative density with Where a ridge Is to be used as a structural beam, the rafters shall either be notched and BLOCKING TO EACH TOE fi' maximum IIRs (layers] anchored on by of the beam or slope connectors shall be crashed to each rafter-to-ridge SILL OR TOP PLATE 3 -161 COMMON BLOCK NAIL INTERIOR ZONE 8d COMMON @ 6" O.C 8d COMMON @ 12'0 C 5EE NOTES:1 (BOTH FIELDS) NOTE' 2 FOR PANEL FIELD St. Crawl along the open calling pen of the building Connections to the ridge and wall shall be be spaces to be provided with r mm0 sq. . of access opening. Install one attached with the above requlmments. LEDGER STRIP 3 -18jCOMMON EACH FACE [GI 8x16 cast Icon foundation vent for every 750 sq. ft. or area. 70 BEAM JOIST NAIL GABLE ENDWAL. RAKE ANO RAKE TRUSS Bid COMMON@4"O.C1 Bd COMMON@4"O.C SEE NOTE51,3 NOTES N.V.S. Residential DECK AND COVERED PORCH NOTES: ols7oNLEDGER 3-8dCOMMUJOIST, 7). Dam aside tntlal CononsWCtlon C of ction Coodde. A . 6-rollmminous coatlpolyethyleneng film es per shall be applied over TO BEAM T 1). Unless otherwise noted, all framing materiel to be 41 ACQ pressure THESE NOTES ARE ONLY TO BE REFERRED TO IF MENTIONED IN SCHEDULE NOTES ONLY. G JOIST the below grade poNOn of eMetlor walls poorto be ckfilling. All fasteners, hangers and anchors to he galvlnlzed tar stainless steel treated lumber BAN TO JOIST 3-1GdfOMMT 1). For roof sheathing within 4 feet of the perimeter edge of the roof, Including 4 feet on each side of the roof peak, 8) Drainage as per town antl N.V.S. Residential Construction Code. 2). Girders for deck joists to be bolted to each past with washers antl nut. BA ""TT TO2 -16dCOMMth the 4 foot perimeter edge zone attachments required shall be used, Girders on concrete piers shall he anchoretl with proper steel connectors anchored SILL OR TOP PLATE FRAMING NOTES Into concrete with a mlmmum 1W die v 7" long anchor bolt with washers and nuts. ROOF SHEATHIl'i 2). Tabulated 12 Inch o c nail spacing assumes sheathing attached to rafter/ truss framing members with G>0.49 1). AL framing techniques and scion Maasnual prescriptive design of current SBC High Wind Fr method. Ed"Non Wood Framing Combustion Ma 3) Posts supporting girders shall he anchored W a 12'x12"x12" thick conc foofin JOINT DESCRIPTION NAIL "'I'L For framing members with <R42<G<0.49, the nail spacing shall be reduced to 6 inches o.c. 3J Use a minimum 1@" die x long anchor bolt with washers and nuts. Footlngs Shell be 3 ft QTY. SPICING 3). Tabulated 41nch o.c nail spacing assumes sheathing to rafter I Wss framing members with G>0.49. For QD W below grade. Porches with coveretl roofs shall have 12" On. concrete piers for the girders. STRUCTURAL PANEL 8d AS PERTABLE 3.B fn 2). Unless otherwise noted, all homing and structural woad material to be 42 +BTR. rete framing members with 0.42<G<0.49, the nail spacing shall be reduced to 3Inches o.c. Douglas Fu WFCji - SBC V a). Deck joists to have blockingatB'oo.a.. CEILING SHEATHI G: WALL SHEATHING REQUIREMENTS FOR WIND LOADS: Z_ SHEATHING LOCATION NAIL SPACING NAIL SPACING AT INTERMEDIATE NOTES o3).therwise. Floors, walls, ceilings antl rafters to be spaced al 16 inches ox. unless noted 5). A minimum of 10 Inch flashing shall be installed between the building and ledger. NAIL NAIL S Ledger to be fastened to building with 1/ry2" die bolts with washers and nuts JOINT DESCRIPTION QTY. SPACING AT PANEL EDGES SUPPORTS IN THE PANEL FIELD where needed. 4). Unless otherwise noted , all beading wall headers to be (2) 2x1042+ BTR. Doug. Fir. GYPSUM C.C. EDGE Bearing wall headers to have (2)jack studs and (2) full length stutls on each side of all WALLBOARD 5d COOLERS 7' OC FIELD 4- EDGE ZONE III COMMON @W O.C. Ed COMMON @12"OC SEE NOTES- 1, 3(BOTH FIELDS) J Z toZ LID NOTE :2 FOR PANEL FIELD W <O 0 N openings. LVL reactors to have (3)jack studs and (2) full length stutls on each side of 6). Concrete There shall be a minimum 6' above grade. INTERIOR ZONE 8d COMMON @ 6" O.C. Ed COMMON @ 12" O.C. SEE NOTE: 3 J X J openings. Bearing wall window sills shall also have(2)window sill plates for 2x4 wall 7). All joists to be supported with hangers and anchors Each Joist shall also be anchored WALL SHEATHING: openings between 4'1 and 6'0 and 2x6 wall openings between 5'11 and e'9. Provide fire Q 00 bo NOTES _ and blocking where applicable 7) girder(s). JOINT DESCRIPTION NAIL NAIL . QTY iPAIL THESE NOTES ARE ONLY TO BE REFERRED TO IF MENTIONED IN SCHEDULE NOTES ONLY. 5) All flush beamslheetlere to be Insisted with heavy duty galvinizetl hangers and B) Covered Roofs shall be assembled and anchored the same manner as a typical building STRUCTURAL Btl COMMON AS MR TABLE 3.g anchors where applicable to all connecting joists. PLUMBING NOTES PANELS MFCM - SBC 1). For wall sheathing within 4 feet of the comers, the 4 foot edge zone attachment requirements shell U,, (Q a(0~ be used. LU 7/16' OSB TO.C. EDGE PLYWOOD 6d COMMON fi). Double up floorlcisis under wells that run parallel to the floorlolst and antler bathtubs. i). All water supply, drainage and venting to be installetl as per N.V.S. Residential 6" O.C. FIELD ' 2). Tabulate ! 12 inch o.c. nail spacing assumes sheathing attached to sNd framing members with IWl Firms ceramic the installetl shall be verified for proper load capacity unless noted Construction Code GYPSUM 7 DC EDGE on plan.. WALLBOARD 5d COOLERS f8"O.C . FIELD G>0 49. Far herring members with 0 42<G<, the nail spacings shall be reduced to 6 Inches o.c. O 2) Vetltyseplicsystem with theEngineer forSuffolk CounryHealth Department approval FLOOR SHEATHING: 3). For exterior panel siding, galvinized box nails shall be permitted to be substituted far common rolls. Ny 7) blucking/mIdging In Boer joists al8'Oo.c. Use solid blocking in floor Issue r undeer all beating aring waits. 3). If wall studs, plates or joists are cut out during installation for any plumbing related work, JOINT DESCRIPTION NAIL NAIL NOTE: ? provide adequate brecing and plates to protect and secure the structure. Verify with the QTY SPACING CONTRACTOR TO PROVIDE SOIL TEST TO VERIFY Cr zj 8). Provide insulation baffles at save vents between rafters. Install drag blocking as sate code and manufacture's recommendatan for maximum hole size and spacing pennifted. needed. STRUCTURAL PANELS fi' 0.0 EDGE E EXISTING CONDITIONS. MINIMUM 3000# CAPACITY. HVAC SYSTEM NOTES 1'OR LESS Bd COMMON I2"O.C. FIELD 9). Unless otherwise noted, all roofs and walls to have a minimum 1/2"thick, 4-ply Fir 1 COX exterior sheathing grade plywood. Plywaetl to cover over pates anheedere. irements. y 3 1). PROVIDE 518" TYPE-X SHEETROCK FIRE STOPPING AT 10'0 MAXIMUM DISTANCES FOR NON ACCESSIBLE AREAS. 2) USE SIMPSON HANGERS AND ANCHORS WITH Z-MAX TRIPPLE PROTECTIVE COATING FOR CONTACT WITH ACO d ss otherelse noted 4c TBG FirarAdvantach a E EOTO IF tlhered hered with PL40 PL400 a adhesivedhesive and and scmwa rewetl to floorjolsis. Finished shed boor to bee Instilled pment suppllec Fi 3). INSTALL 1 -Co2 DETECTOR IN ADDITION TO SMOKE ALARMS PER FLOOR. cony sub0oar VAC subcontrector is to fully coordinate all system data and reqs with the MENTONED IN SCHEDULE NOTES ONLY F FIREBLOCKING REQUIRED PECEIVEfl [qui echenicel su bcontractor Is responsible far atlheadn9lo all applicable codes antl safer NOTES: 2 over subfloor as per manufacture's instructions. . Flreblocking shall be provided to cut off all concealed draft naphthas (both vertiral and hurl-,l u i Nan requirements are based on wall sheathing a and to form an effective fire barrier between stories, and between a top story and the roof space. 013 11). All bathroom walls to have 1/2" thick moisture resistant sheetrock. Garage walls and 3. HVAC subcontractor to provide final system layout drawing and submit It to the General nailed 6' on-center at the panel edge. If wail stashing R chill and war furnace to have 5/9" thick type-x sheetmck All other Paris of building Connector and owner for final review and approval. Is nailed 3' on-center at the penal edge to obtain higher Rreblocking shall be provided in wood-fame construction In the following locations. SEP 1 Z uctural to have regular 112" sheetrock. All walls to be taped and finished ELECTRICAL NOTES: ahear eapaclaea, ,brig ragwn:mana e, dar 1, membersshall s, aging re rements f connea ectord rs, 1). In concealed spaces of stud walls and partitions, including furred spaces, at the ceiling and floor APPEALS DRAWN BY: JF 12). All mof with a pitch less Nan 4:12 shall be installed with an Ice 8 Water bartler or 1). All electrical to be installed as per N V S. Residential Construction Code such as shear plates, shall be used to maintain load path. levels. Concealed honzantal furred spaces shall also be greblocked at intervals not exceeding 10 BOARD OE Feast Batts or blankets of mineral or glass fiber shall he allowed as firebloching in walls constructed Monday, August 26 201: approved equal. Flat more shall be applied with a Fiberglas base sheet with an EPDM 2). When well sheathing Is continuous over connected torch down type material over 2). All electrical work shall be approved by a qualified Underwriter membe call tabulated number of nails shall be pacnittedl 2: using parallel rows of studs or staggered studs. 2). At all interconnections between concealed vertical and horimmal spaces such as occur at soffits, ~(F NE ~ yO9~ SCALE: 1/4" = V-0" 13). All sill plates and maid in contact with concrete b pressure tested. plates to Install Smoke detectors and Carbon Monoxide detectors throughout as per section R317 to be reduced tai - 16d nail per foot be installed with a foam sill gasket and cop-r-tax termite shield or approved d equal. of of MY S. Residential n0al Construction Catle. drop ceilings and cove ceilings. 31 3). In concealed spaces between stair stringers at the top and bottom of the con. Enclosed spaces under stairs shall comply with N.Y.5, Residential Code. SHEET NO: 4) 4). At openings around vents, pipes and ducts at ceiling and floor level, to resist the free passage of flame and products of combustion. 5) h 0626~~ ~1~ 5). For the Rreblocking of chimneys and fireplaces, refer to N.Y.S. Residential Code. 0 COUNTY OF SUFFOLK RECEIVED SEP 2 6 013 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 23, 2013 Town of Southold ZBA 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Art: Ms. Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears 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 Chernushka,Joanna 6693 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th Flo P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 853-5191 1,b \ I~ Jr FFICE LOCATION: OF SO(/jyOl MAILING ADDRESS: V Town Hall Annex h O P.O. Box 1179 54375 State Route 25 # l~ Southold, NY 11971 (co . Main Rd. & Youngs Ave.) N @ Telephone: 631 765-1938 ell- 1 Southold, NY 11971 Fax: 631765-3136 ~n J_~I LOCAL WATERFRONT REVITALIZATION PROC{R~C TOWN OF SOUTHOLDF TTT \ ~p~ 1 213 MEMORANDUM 13(:)P,RU OF AQPEA~S To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner b~ LWRP Coordinator Date: November 1, 2013 Revised October 30, 2013 Re: Coastal Consistency Review for ZBA File Ref. JOANNA CHERNUSHKA #6693 SCTM#1000-31-18-13 A Wetlands Permit (8161) and Coastal Erosion Hazard Area Permit (8161 C) for the proposed action was issued by the Board of Trustees on May 15, 2013. The action was recommended to the Board of Trustees as exempt from the LWRP Coastal Consistency Review because the action proposed to "replace" storm damaged portion of the structure and raise the structure to meet FEMA regulations. A amended notice of disapproval (September 6, 2013) added the demolition and reconstruction of the single family dwelling. A subsequent amendment dated October 31, 2013 removed the demolition determination based upon new information submitted to the building department. This recommendation considers the action as last amended. JOANNA CHERNUSHKA #6693 - Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's October 31, 2013 Notice of Disapproval concerning; 1) proposed construction at less than the code required bulkhead setback of 75 feet, the proposed construction notes a setback of 19.1 feet to existing bulkhead located at: 600 Rabbit Lane (adj. to Gardiner's Bay) East Marion, NY. SCTM#1000-31-18-13 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. It is my recommendation that the proposed action is EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed structure is not located within the CEHA. Furthermore, a Wetlands Permit (8161) and Coastal Erosion Hazard Area Permit (8161 C) have been issued for the action. 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 Southold Town Board of Trustees z Sf 5 ,gyp O~~ , Town Hall Annex Telephone (631) 765-1802 54375 Main Road T Fax (631) 765-9502 P.O. Box 1179 G Southold, NY 11971-0959 • ~O ~u BUILDING DEPARTMENT TOWN OF SOUTHOLD 30ARD OF APPEALS MEMORANDUM To: Southold Town Zoning Board of Appeals From: Damon Rallis, Plans Examiner, Southold Town Building Department Date: October 31, 2013 Re: Chernushka (600 Rabbit Lane. East Marion, SCTM4. 31.-18-13) Please find a newly revised Notice of Disapproval associated with proposed amendments to building permit #38109Z (storm repairs) to include second story additions and alterations. Based on a certification from Joseph Fischetti, the work being done does not constitute a demolition and reconstruction of the existing dwelling but, rather, an addition and alteration as originally noted. A question has also come up regarding the distance to bulkhead being considered by the Zoning Board of Appeals. The original permit, issued by this office, allows the applicant to "reconstruct" the existing sunroom/porch (damaged by Superstorm Sandy) at a distance of 12 feet from the bulkhead and 28.7 feet from the rear property line. No variance is required for this type of "in place, in kind" storm damage reconstruction. Since this is not a demolition and reconstruction, the only setback that requires a variance is the second floor setback of 19 feet from the bulkhead. Please let me know if you have any further questions. Thank you. 2 Damon Peter Rallis Cc: applicant; file; Michael Verity, Chief Building Inspector A PROFESSIONAL ENGINEER 1725 HOBART ROAD /PO Box 616 SOUTHOLD, NEW YORK 11971 TEL: 631.765.2954 • FAX: 631.614.3516 • e-mail: joseph@fischetti.com Date: 30 October 2013 Reference: 600 Rabbit Lane - Chernushka &03 Town of Southold IRECEIVEL Building Department Main Road 0C1 3 1 ?V,. Southold, NY 11971 BOARD OF APPEALS Area Calculations 15t Floor 20'-0" x 31'-0" = 620 square feet 2"tl Floor 20'-0" x 13'- 8'/i' = 274 square feet TOTAL FLOOR AREA 894 Square feet 75% of 894 square feet= 670 square feet allowed Storm Damaged Porch 8'-7 W x 20'= 190.4 square feet 2ne floor reconstruction 274 square feet Total reconstruction 465 square feet OF ~Y s • BOARD CERTIFIED IN STRUCTURAL ENGINEERING SU(/jy MAILING ADDRESS: -Al LOCATION: P.O. Box 1179 Town Hall Annex y Southold, NY 11971 54375 State Route 25 T 1~1 \ (c . /Main ain Rd. & Youngs Ave.) G O Telephone: 631 765-1938 Southold, NY 11971 ;Q • Fax: 631 765-3136 Comm, LOCAL WATERFRONT REVITALIZATION PROGRAM J~ TOWN OF SOUTHOLD MEMORANDUM bl t) FC:E:IVET OCT 3 0 2013 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner l~? LWRP Coordinator Date: October 30, 2013 Re: Coastal Consistency Review for ZBA File Ref. JOANNA CHERNUSHKA #6693 SCTM#1000-31-18-13 A Wetlands Permit (8161) and Coastal Erosion Hazard Area Permit (8161 C) for the proposed action was issued by the Board of Trustees on May 15, 2013. The action was recommended to the Board of Trustees as exempt from the LWRP Coastal Consistency Review because the action proposed to "replace" storm damaged portion of the structure and raise the structure to meet FEMA regulations. The amended notice of disapproval (September 6, 2013) added the demolition and reconstruction of the single family dwelling. This recommendation considers the action as amended. JOANNA CHERNUSHKA #6693 - Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's September 6, 2013 amended September 11, 2013 Notice of Disapproval concerning a permit to amend existing building permit #38109z (storm repairs) to include demolition and construction of a new seasonal dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) less than the minimum code required rear yard setback of 35 feet, located at: 600 Rabbit Lane (adj. to Gardiner's Bay) East Marion, NY. SCTM#1000-31-18-13 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 INCONSISTENT with the policy standards and therefore is INCONSISTENT with the LWRP. The action was reviewed to policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. d. sites where relocation of an existing structure is not practical The structure does not require a location on the coast and is not a water dependent use. Relocating the structure further from the Coastal Erosion Hazard Area is possible. Note, however, that the entire area landward of the single family dwelling is located within the FEMA Flood Zone AE El. 6 and there is no ability to locate the structure outside of the zone. 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. C. Ensure effective treatment of sanitary sewage and industrial discharges by: 8. providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens an excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. The sub-surface sanitary system is not shown. To further the above listed policy, it is recommended that Board require the inspection and approval of the system by the Suffolk County Department of Health Services. The test hole shows that groundwater was encountered at 3.8 feet from grade. It is also recommended that the Board require that the sub-surface sanitary system meets setbacks required in Chapter 275, Wetlands and Shorelines. The required setback for septic tanks is 75' and leaching pools 100' from a wetland unless a variance is granted. Further, it is recommended that the Board require that the action complies with Chapter 236 "Stormwater Management; Erosion and Sediment Control; and Illicit Discharges Law" regulations. 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 Southold Town Board of Trustees FORM NO. 3 RECEIVEL.. TOWN OF SOUTHOLD (1(: I ; BUILDING DEPARTMENT 011, SOUTHOLD, N.Y. $OARDOFAPFEALS NOTICE OF DISAPPROVAL DATE: September 6, 2013 AMENDED: September 11, 2013 AMENDED: October 31, 2013 TO: Suffolk Environmental Consulting (Chernushka) Po Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated August 29. 2013 For permit to amend an existing building permit #38109z (storm repair) to include additions and alterations at Location of property: 600 Rabbit Lane. East Marion NY County Tax Map No. 1000 - Section 31 Block 18 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 6,758 square foot parcel in the Residential R-40 District is not permitted pursuant to Article XXII Section 280-11613, which states "All buildings located on lots upon which a bulkhead concrete wall riprap 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 a setback of 19.1 feet to the existing bulkhead Please see building department memo dated October 312013, for explanation of amendment - -1---- Authorized Signature Cc: File, ZBA 0 If bO3 FORM NO. 3 RECFIVFC` TOWN OF SOUTHOLD SEP 17 201:'1 BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEAL- NOTICE OF DISAPPROVAL DATE: September 6, 2013 AMENDED: September 11, 2013 TO: Suffolk Environmental Consulting (Chernushka) Po Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated August 29, 2013 For permit to amend an existing building permit #38109z (storm repairs) to include the demolition and reconstruction of aiNzw 5 easog)( dwelling at Location of property: 600 Rabbit Lane, East Marion, NY County Tax Map No. 1000 - Section 31 Block 18 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 6,758 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXII Section 280-11613, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap 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 a setback of 19.1 feet to the existing bulkhead. In addition, the construction is not permitted pursuant to Article XX111, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum rear yard setback is 35 feet. The proposed construction notes a rear yard setback of 28.7 feet. This Notice of Disapproval was amended on September 11, 2013, based on new information submitted by the applicant uthorized /gnature Cc: File, ZBA RECEIVEr-' Fee: $ Filed By: Assignment No. SFP 7 2013 APPLICATION TO THE SOUTHOLD TOWN BOARD OF A1H~711~1§ OF APPEALS House No. 600 street Rabbit Lane Hamlet East Marion SCTM 1000 Section 031 Block 18 Lot(s) 13 Lot Size 6'758 one R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 9111/13 BASED ON SURVEY/SITE PLAN DATED 8126/13 Applicant(s)/Owner(s): Joanna Chernushka Mailing Address: 845 Bay Avenue, East Marion, NY Telephone: Fax: Email:Ichemvs@Optonllne.net 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: Bruce A. Anderson forwlDwneC~Other: Address: P.O. BOX 2003, Bridgehampton, NY, 11932 Telephone: (631)537-5160 Fax: (631)537-5291 Email: Bruce@suffolkenvironmental.com Please check to specify who you w h correspondence to be mailed to, fir a above names: FlApplicant/Owner(s), Authorized Representative, " Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED August 28, 2013 and DENIED AN APPLICATION DATED August 2e, 2013 FOR: Building 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 numbers. Do not quote the code.) Article: xxu xxui Section: 280-116 280-124 Subsection: a Type of Appeal. An Appeal is made for: QA Variance to the Zoning Code or Zoning Map. HA 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, Q has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) • 0 3 Name of (Amer: ZBA File d REASONS FOR APPEAL (rddilional rlr -e! mal• be used milt Pr'epurer's.vienunu'e): IRL.1 1 .IRLI.VCE RE ISOAS: (1) An undesirable change Brill not be producer) ill the CHARAC'.FER of the neighborhood or a detriment to nearby properties if granted, because: The existing house on the property currently has a 2nd story, but that second story is not up to code. This proposal is to reconstruct the 2nd story as to meet code. Furthermore, during repairs from Hurricane Sandy, a significant portion of the structural members were replaced on the first floor, resulting in "demolition" status. (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: In order to reconstruct the 2nd story to code, the roof structure needs to be modified. therefore a zoning variance is required because the house is within the 75 foot required setback from the existing bulkhead. Furthermore, during repairs from Hurricane Sandy, a significant portion of the structural members were replaced on the first floor, resulting in "demolition" status. (3) The amount of relief requested is not substantial because All construction will lake place within the footprint of the existing house, and the reconstructed 2nd story will have the same dimensions, but the roof will be 2 feet higher. A variance is required because we are altering the roof structure. Furthermore, during repairs from Hurricane Sandy, a significant portion of the structural members were replaced on the first floor, resulting in "demolition" status. (4) The variance Trill NOT have an atterse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house on the property has existed for many years without adverse effect on the physical or environmental conditions in the neighborhood. (S) Ilas the alleged difficult' been self-created? Yes, or EPNO. Are there Covenants and Restrictions concerning this land: F./-lNo. Yes (please Larnish a"L12. 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, safet, and welfare of the community. ClrecA this box 0 IF I I SE I' IRI.IACI! IS BEING REQUESTED, , fN'D PLEASE COMPLE•TF. THE ITT (CITED I iSE I'.-IRL INCL. SIIIiET: lMva.se be sure to (e ms t I-to r dto'ne r.1 - - Signature of Appellant or Authorized Agent Agent inns) submit „riven Antha riintimt 6'om O,.ner) Sys urn kr before a this dar of .20 _ r_C_FT\11 i Nota P blic SEP 17 - - - " Wtff pw D IvRns 2013 No+ u i rv York 9 SOARC+ OF !-tPPE CAL.S Commission [xpi,u< January 221 20~~ X93 APPLICANT'S PROJECT DESCRIPTION SEP 17 (For ZBA Reference) 2013 Applicant: Bruce A. Anderson Date Prepared: 8/29/13 BOAFt1) OF APUEAI,S 1. For Demolition of Existing Building Areas Please describe areas being removed: The 2nd story of the existing house will be removed, and reconstructed to code. Furthermore, more than 75% of the original first floor has been reconstructed due to storm damage from Hurricane Sandy. Therefore this project is classified as a demolition 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 20'x 14'6" Dimensions of floor above second level: N/A Height (from finished ground to top of ridge):23' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 4'6" above grade III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The existing house is a 2 story single family residence. The 2nd story is not up to code, and will be replaced. Number of Floors and Changes WITH Alterations: The reconstructed sewnd floor will have the same dimensions same existing house, but the roof of the moonstructed 2nd floor will be 2 feet higher than the existing roof. Furthermore, the existing 1 st floor has been significantly remnstructetl IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 952 sq.ft. Proposed increase of building coverage: 0 Square footage of your lot: 6,758 sq.ft Percentage of coverage of your lot by building area: 16.15% V. Purpose of New Construction: To rebuild the 2nd story of the existing house, in order to bring it up to code. Also, the first floor of the structure has already been rebuilt due to structural damage caused by Hurricane Sandy. 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): The upland area of the property is generally flat, sloping marginally to the bulkhead. Please submit seven (7) 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. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION NCt-r A. Is the subject premises listed on the real estate market for sale? SEP 17 Yes TZINo ?o1,3 B. Are there any pro osals to change or alter land contours? EiOgKl1 < F'Pa ;yL` _~No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? Yes 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? Yes 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: will apply afterZBA determination. 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? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No 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? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. G. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel Single Family Residence and the proposed use Single Family Residence garage, pool or other) (ex'. existing single family, proposed- same with Autho d signature and Date ~ ~10~93 AGRICULTURAL DATA STATEMENT SEP 19 ZONING BOARD OF APPEALS 2013 TOWN OF SOUTHOLD 80AIlt) !)F AP~FA~4 WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: Bruce A. Anderson 2) Address of Applicant: Ro. Box 2003, Bodgehampton, NY, 11932 3) Name of Land Owner (if other than applicant) : Joanna Chemushka 4) Address of Land Owner: 845 Bay Avenue, East Marion, NY 5) Description of Proposed Project: The applicant proposes to reconstruct the 2nd story of the existing house in order to meet code. The new 2nd story will be 2 feet higher than the existing. 6) Location of Property (road and tax map number): 600 Rabbit Lane, East Marion, NY 1000 - 31 -18 - 13 7) Is the parcel within an agricultural district?Q?No QYes If yes, Agricultural District Number 8) Is this parcel actively farmed? ONo ?Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-?ignature e onin Board of Appeals at 765-1809. ~<2C~ l3 of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 F~•El.kE1 14-16-4 (9/95)-Text 12 617.20 S EQ H PROJECT I.D. NUMBER Appendix C SEP 17 State Environmental Quality Review 2013 SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BC)^'j1 t'/ f' 1O ALS PART 1-PROJECT INFORMATION To be completed b A licant or P,o'ect s onsor I. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. CHERNUSHKA Property 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 1100 Dean Drive; Cutcho ue, New York - SCTM 1000 - 31- 18 - 13 5. IS PROPOSED ACTION: E New ? Expansion ? Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to replace the 2"d story of the existing dwelling, with a 2^d story that is 2 feet taller, and thereby meets with code requirements. Furthermore, the first floor of the dwelling has been reconstructed due to heavy structural damage from Hurricane Sandy. 7. AMOUNT OF LAND EFFECTED: Initial) < 0.2 acres Ultimate) < 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes E No If No, describe briefly Because the house is located within the 75 foot setback required from the bulkhead, any change to the roof structure of the house requires a Variance. Furthermore, the first floor of the dwelling has been reconstructed due to heavy structural damage from Hurricane Sandy. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? EResidential ?Industrial ?Commercial ?A riculture Describe: 9 ?Park/Foresf/Open space ?Other Private sin le family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? E Yes ?No If yes, list agency(s) and permit/approvals Town of Southold Wetlands Permit. 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ? Yes E No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes E No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: . Ivans Date: July 10. 2013 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 0 PART II- ENVIRONMENTAL ASSESSMENT To be completed b Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. ? Yes ? No B. 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. ? Yes ? No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: 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: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ?Yes ?No D. 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 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 It was checked yes, the determination and 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 any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer 2 ~~j -5 Signature of Responsible Officer in Lead Agency Signature of Preparer (if different From responsible officer) 3 • APPLICANT TRANSACTIONAL • DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The impose 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: Chemushka, Joanna (Last name, first name, middle initial, unless you are applying in the name J ^ of someone else or other entity, such as a company. If so, indicate the t1' other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance SEP 1 Variance XX Z~ ~3 Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 XX Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted 9`h day Signature: Print Na rut/ Joanna Chernushka APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Anderson, Bruce A. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: Check all that apply.)(, f Tax Grievance - Variance Special Exception SEP 1 2~~ 7 .,1 If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat 0 or Official Map Other 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 0 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: William Price Title or position of that person: Justice Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); Q 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 Brother-in-Law Submitted 's? a 1y ofAG+rtT Signatur Print Name: Qrws.! A. ate dam Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PRWERTY LOCATION: s.C.T.Al.c THE FOLLOYtiINO ACTIONS MAY REWRRE THE SUBMN)EWN OFA y(P 1000 - 031- 18 - 013 $ AND ORWR CONTROL P6AN WW TjEMr BjX- -UW- SCOPE OF WORK - PROPOSED CONSTRUCTION rrEM N / WORK ASSESSMENT Yes No a. What is the Toted Area of the Project Parcels? 1 WIN Oft Project Ratan AN SlomeWsar Run-0R (ndude Total Area of all Parcels located within 0.16 acres Generated by a Two (2h Inch Rainfall on Site? ? the Scope of Work for Proposed Construction) (s.F. l Aar) (Thls rem will include all nen-off created by site x b. What Is the Total Area of Land Clear" clearkg andfar conduction activities as well as aft - and/or Ground Disturbance for the proposed < 0.2 acre. Site improvements and the pemranem creation of surfaces.) Impervious conatnlction activity? (s.r.1 Avila) 2 Does the Sfte Plan and/or Swvey Show AN Proposed PROVIDE BRIT PROJECT DESCRIPTION p+addaAmawrPavarmuare 9 Drair"a StruNwes lndicatkg Size 8 Location? This X a - Item sitaN klWlde all Proposed Grade Charges and Applicant proposes to replace the 2nd story of the SW" controAlne surface Water Flow. existing dwelling with a similarly sized, two foot 3 Does the Site Plan and/or Survey describe the erosion a taller 2nd story in order to meet code. Furthermore, "e" eO"n practices that wiehch used to X and mic Y control site erosion and storm water discharges, This the first floor of the dwelling has been Item must be maintained throughout the Entire reconstructed due to heavy structural damage COnstuctionPedod' from Hurricane Sandy. 4 Will this Project Require any Land FiNng. Grading or Excavation where them Is a charge to the Nature) Fxistinlg Grade Involving more than 200 Cubic Yards X of Material wihin any Parcel? - - 5 Will Mb Application Require Land Disturbing Activities Encompassing an Area In Excess of Five Thousand X (5.000 S.F.) Square Feel of Ground Surface? - - 6 is there a Natural Water Course Runntrg through the Sae? Is this Project within the Trustees jurisdiction - General DEC SWPPP R.owr.m.ms: or wtWn One Hundred (100') fast of a Wetland or Submasbn of e SWPPP Y mgAed W al Cwbuct on act~ hwo" ad Beach? dbbuesnces of cme (1) or more saes: Mckdrg astuteness of lass man amt sae OW 7 Will them be Site preparation on ExLserg Grade Slopes - we part of a lamer common plan that we$ ukmstey dkrhxb one or more aan of lard: which Exceed Fifteen (15) fast of Vertical Rise to X mtludiv costraacn actlvites immeAtg sol demrNrrns of less than one (1) sae whore One Hundred (100') of Horizontal Distance? the DEC has demoKred that a SPDES peons is required for storm Witter dYCharges. (swppp,s tiheN mot the IanYnun n.gWnm ins of Yea SPDES General Puma 8 Will Driveways, Parking Areas or other Impervious for storm wake Disehargn from Construction activity - Parma No. OP-0-10-001.) Surfaces be Sloped to Direct StormWaler Run-Off X 1. The SWPPP etW be prepared prior to the submitted of the Not, The Nor titres be Into and/or in the direction of a Town right-of-way? - suarara to the Deparomnt pmt to the commencement of construction actively. 2. The SWPPP std dsaabe the emeabn smd sadirrent corral prscl, and Wham 9 WIN Oft Project Require the Placarnent of material, roprdn0. poatmemxJidu storm welr menagerrentpractices thatwa bo used ardor Removal of Vegetation and/or to Construction of any X merrotluctod m rtlrce tie porAemxe b storm water da hMM and m asrm Item Within the Town Right-of-Way or Road Shoulder aomplWxe wt h fns tams anti w dbrn d tiA pamL m edom.IM SWPPP shat Area? tn+r ar+a+trot tewrraw k.n.sawr artxn.Wwy Awes) MWMY potntW awaa of portion which may stoonaby be expected to aged the NOTE: "Any Arwwarb Questions One aroogh ken. V AneWwrad week, • clan Mark gw11yatslam tardiireths s. ata wake nrx Practice ma am andthe oaAbVgtMr able deYabarre abaN+een 4000 SA a 1 Ann m Was, J.N s a tins u; n the by gmay a qu Desilmal Uowk in New York askemwxkx, Oradbq. Drakueaa a Erosion Control Plan N ft"drad Its the Town of oarpanix mt alWbap prad icr e ktw Mn somehow ant Must be NdYralled for aaview Pd r to lestauce of Any Building Penn. died bkrewtodpsabie htle pmwcpes and Oealgnti DraWCn es Professional rmWat spnmx. (None; AChaktAak(~)enabrMwWerbaedr OraanYlYabW beOanpYY APPIrarle^) SrI All OF NEW YORK, _ y SUFFOLK CBRUCE A AANDERSON @ SUFFOL....... SS SEP 1 ENVIRONMENTAL CONSULTING, INC. ic 2013 'that l . being duly swum, deposes and says that he/she is the applicant for Permit, (Nero d trrdiv(dret algrrkq DoaxrxvN) AGENT gpq~~ OF APUEALSAnd that he/she is the or, Agra, Corporate Oaar, etc) Owner and/or representative of the 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 are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed he Swom to before me this; of....................{gef?hew 4"fvahS20..... Not r, l P York Notary Public:... err fm 'a........ (SO, orApva+rll FORM - 06/10 on; ,s,~ ;lziio.ry 22, 200 r Town of Southold FCEIIdFt: LWRP CONSISTENCY ASSESSMENT FORM SEP 17 2013 A. INSTRUCTIONS BOARI OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this 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.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 031 18 013 The Application has been submitted to (check appropriate response): Town Board ? 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 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: Applicant proposes to reconstruct the existing 2nd story in order to bring the house up to code. The reconstructed 2nd story will be 2 feet taller than the original structure but otherwise will have the same dimensions Furthermore the original 15t story has been heavily reconstructed because of storm damage from Hurricane Sandy. This reconstruction has caused this project to be labeled as "demolition" Attach additional sheets if necessary • 0 Location of action: 600 Rabbit Lane, East Marion. New York Site acreage: 0.16 acre t Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Joanna Chernushka (b) Mailing address: 845 Bay Avenue; East Marion. NY 11939 (c) Telephone number: Area Code (631) 537 - 5160 (d) Application number, if any: N/A 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 As indicated within Policy 1 "Development /hot does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold" this proposal is to replace the existing 2"d story of the dwelling with a marginally taller 2"d story with the some dimensions. This is an effort to bring the house up to code and no additional floor space will be created Additionally, the first floor of the existing house has been heavily reconstructed due to storm damage from Hurricane Sandy. This reconstruction has caused the project to be labeled as a "Demolition" Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources 'TE (J,-1VF1 SEP 17 2013 BOARD OF APPEAL • 0 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria ® Yes ? No ? Not Applicable Subiect proposal will not adversely impact the visual quality of the surrounding area in that the existing property has been improved with a single-family residence for many years without any evidence of resulting in adverse impacts to the neighborhood As currently constructed the majority of the first floor has been demolished and replaced with new studs to prevent the structure from collapsing in the aftermath of Hurricane Sandy, but it remains unfinished pending Zoning Board clearance In addition the neighborhood itself is comprised of similarly sized properties improved similarly for many years and which also has not resulted in any form of adverse impacts to the surrounding area furthermore this policy could not preclude both the legal creation of this property as a building lot or the improvement thereon 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 As the proposal is for the modification of the 2"d story of an existing house Policy 4 is not applicable to this proposal. 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 Subiect proposal is not applicable to Policy 5 Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria ? Yes ? No ® Not Applicable 4'r- Subiect proposal is not applicable to Policy 6-~FF(TVEr. / Attach additional sheets if necessary • 10 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ? Yes ? No ® Not Applicable Subject proposal is not applicable to Policy 7 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ® Not Applicable Subject proposal is not applicable to Polite 8 Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria ? Yes ? No ® Not Applicable Subiect proposal is not applicable to Policy 9 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria Yes No Not A Applicable 1 ? ? ® PP `VF Subject proposal is not applicable to Policy 10. 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 Subiect proposal is not applicable to Policy 11 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable Subiect proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production etc ) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary A~-L6-1?3 RECEIUBp SEP 1 7 2013 BOARD AP~rA.L Created on 5125105 11:20 AM Suffolk Environmental Consulting, Inc. Newman V111al-le. Suite F. 2322 Main .Street, P.O. Box 2003. Bridgehampton. New York 119;2-2001 (631)537-5160 Fax: (631) 537-5291 Bruce Anderson. M.S.. President c Z (pl HAND DELIVERED SEP 17 2013 September 17, 2013 BOAkD Oi p; ~1 RL Ms. Leslie Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY, 11971 Re: CHERNUSHKA Property Situate: 600 Rabbit Lane, East Marion, NY SCTM#: 1000 - 031 - 18 - 13 Dear Board Members, This Firm represents Mrs. Joanna Clicrnushka, owner of the above referenced properly, who is seeking variance relief in order to reconstruct (lie second stotT of (lie existing single family residence in order to meet code restrictions. Accordingl), please find originals and eight (8) copies of a complete applications package containing the Ibllm%ing items: 1. Town of Southold Building Department Notice of Disapproval, last dated September 11, 2013; 2. Town of Southold Zoning Board of Appeals Application; 3. Agricultural Data Statement; f. Applicant's Project Description; :i. Town of Southold Zoning Board Questionnaire; 6. Owner's Endorsement 7. Transactional Disclosure Forms for both Owner and Agent 8. Town of Southold Short Environmental Assessment Form; 9. Town of Southold Erosion, Sedimentation, & Storm-Water Runoff Assessment Form 10. Town of Southold Local Waterfront Consistency Review Assessment Form; • . 11. Letter of NoJurisdiction lions the New York State Department of Environmental Conservation re ordingthe sulilect property. 12. Town of Southold Property Record Card; 13. Deed for the sulliccl property, and the propaiy to the north which is co-owned by the Applicant. 11. Pre-Existing Certificates of Occupancy for the subject propertg; I5. Photos of the sullicct propert}; 16. Location Map of subject properb; 17. Survey of subject propel IN,; prepared by Pee unit.5'urrc~rns, P.C, last dated Autust 25, 2013 18. Floor Plans and Elevation, prepared by Joseph Fischetti, P.1":., last dated SCplcnuber 17, 2013 19. Check made pavablc to the ,I,ovvu of Southold to cover the requisite application Ice. Kindly commence the review of the enclosed application submission and schedule [lie matter lot- the next available hearing date. Should you have any questions or concerns, please feel free to contact this oflice. Thank you ;is always Ibr your attention and consideration. Sincerely, k~fiz_ James F. Laird attached SEP 1.7 2013 0 0 OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) SEP 9 2013 STATE OF Y OF SUFFOLK) COUNT ) S,S:~i~kr Joanna Chernushka being duly sworn, deposes and says; I reside at: 845 Bav Avenue East Marion NY In the County of Suffolk and the state of New York and I am the (owner in fee) (officer/ agent of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized. SUFFOLK ENVIRONMENTAL CONSULTING INC. to make the foregoing application as described herein. al ignature Signature If Corporation, name of corporation and Officer Officer's Title Before e, this.IMU of Cy f-r- 2(!S N< a v Public Matthew D, Wars Notarc p.iollc of New York No 011"8053859 oualilied in Sullolk county ~l commission Expires January 22,20t 2013-06-13 10:41 10 Permits 6314440360 6315375291 P 1/1 New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SONY (Q Stony Brook 50 Circle Road, Stony Brook, NY 11790.3409 Phone: (631) 444-0365 - Fax: (631) 444-0360 Wobstta: www.d~c.nv,oov LETTER OF NO JURISDICTION l~~s TIDAL WETLANDS ACT March 11, 2013 Ms Kathryn Gray Meihuish c% JosephChemushka SEP 17 2013 845 Bay Ave. East Marion, NY 11939 Re: 1-4738-00740100009 640 Rabbit Lane, East Marion, SCTM# 1000-031-18-013 Dear Ms. Melhuish : Based on the information you submitted, the Department of Environmental Conservation has determined that the portion of the property which is located landward of the bulkhead shown on the survey by Anthony W. Lewandowski dated October 1, 1984, which was constructed prior to August 24, 1977(as per TW Map # 722-554) is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, In accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required for work which is located landward of the bulkhead. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as Indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 Jurisdiction which may result from your project, Such precautions may include maintaining adequate work area between the Jurisdictional boundary and your project (I.e, a 15' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. This tatter shalt remain valid unless site conditions change, Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other ag cies or local municipalities. Ajcke Ackerm an~ IZ eputy Permit Administrator cc: Suffolk Envy Bt7M-TW?". 1111111 IIII IIIII IIIII IIIII IIIII 11111 IIIlI IIIII IIII IIII ! Iillll 11111111111111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 04/12/2013 Number of Pages: 4 At: 01:18:50 PM Receipt Number : 13-0043170 TRANSFER TAX NUMBER: 12-20061 LIBER: D00012726 PAGE: 386 District: Section: Block: Lot: 1000 031.00 18.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $400,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $5,000.00 NO Fees Paid $5,255.00 TRANSFER TAX NUMBER: 12-20061 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County SEP 17 201 V El F2 • • Number of pages RECORDED f•. ' I- .2013 Apr 12 01:16:50 PM JUDITH A. PASCALE 2013 CLERK OF S E P 17 This document WIII be public SUFFOLK COUNTY record. Please remove all L D00012726 Social Security Numbers P 386 i~~)R1~. , O~7~_1 prior to recording. DT8 12-20061 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Reco f rding / Filing Stamps 3 FEES Page / Filing Fee , f Mortgage Amt. (~I 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total _ Notation SpecJAssit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. C Dual wn _ Dual County R.P.T.S.A. 4 He] for Ap true Comm. of Ed. 5. 00 Transfe Tax Mansio Ta Affidavit ~ The pro erty vered y this mart is Certified Copy or will im roved by a or two NYS Surcharge 15. 00 family dwe Sub Total \/1~' YES or NO Other --~r If NO, s ro riate tax clause on GmndTOtal P P page A f this ' t men . a Di, 13009679 1000 03100 1900 013000 WS dQ 5 Community Prese a tliii-n d Real Pro P T S I~~YN~VWIIIV~II~Ip~~l~l~l Consideration Amount $ Tax Set R LPA A Agen 11-APR-1 CP Tax Due $ Verifies - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: \ Vacant Land _ '71'/ILGC~Q~I,r-GfRn4/ TO TD TO Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Lj2-N=C =A '6 www.suffo[kCountyny.gov/Clerk Title u ( S 8 Suffolk Count Recording Endorsement Page, This page forms part of the attached BIU~~pp ~ _ made b (SPECIFY ~TYSPE OF INSTRUMENT) y~ 1 The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ///1ptcy i Q TO In the TOWN of In the VILLAGE or HAMLET of BOXE 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING is a,w..,wau (over). IMP&ANT NOTICE , II'I If the document you've just recorded is your SATISFACTION OF MORTOAOE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that You may be billed directly for all future nrooertv tax statements. ! Local property taxes are payable twice a year: on or before January 10'" and on or before May 310. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes Ll One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 l1~ (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 SEP 17 20Yi Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road F3DA,,R! , O~ Apui-,_; Huntington, N.Y. 11743 Southampton, N.Y. 11968 1631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes _ Southold Town Receiver of Taxes. . 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold. N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, a. •Judith A. Pascale Suffolk County Cleik r \ , 1 Id.. C6/CE4E BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) I~ STANDARD NYBTU FORM 8007 CAUTION: THIS AGREEMENT SHOULD E f PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND !eI PURCHASER BEFORE SIGNING. THIS INDENTURE, made4the lLtOl day of P-Irt ..l Zpl3 between GEORGE P. GRAY, residing at 5417 Wesleyan Drive, 01213, Virginia Beach, VA 23455, by KATHRYN GRAY MELHUISH, his attomey-in-fact, ANDKATHRYN GRAY MELHUISH, residing at 1312 Sussex Place, Norfolk, VA 23508 AND GEOFFREY WILLIAM GRAY, residing at 7627 Clifton Road, zL / ,~3 Fairfax Station, VA 22039 AND MARY GRAY PAYNE 17B S. Cartwright Road,Shelter Island, NY 11964 /.IJ' (y lL party of the first pan, and JOANNA CHERNUSHKA,residing at 845 Bay Ave., East Marion, NY 1 1939 party of the second part, SEP 17 2013 WITNESSETH, that the party of the firs[ pan, in consideration of Ten Dollars and other valuable consideration, paid by the party of the second pan, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second pan forever, BOAR') ")F I` P P[7 A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED (DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the same premises as conveyed by deed dated January 12, 2007 recorded February 15, 2007 in Litter 12492 page 190. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. l AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: / rlyhuisa y ~,l~Cd ~ Geor P. Grayfiy , th n ra Ihu~ish~s/Uf Kathryn raMe ash hd Geoff y'Willm Gray nn Mary Gra ayne ' NYSBA Residm i.1 Rml Esmm F. .o HolDaesa(9Aq) Copyright CaptnfP Dwetopmml ACKNOWLEDGMENT STATE OF VIRGINIA SPA'P@~PVtR&HdtA COUNTY OF nOf I ) ss.: ~ 'rArE of MAk,1'A Ja ) ss.: F /I RtNCE fps Cvt,,.~ry On the 14 day of Peb 2013, before me, the On the day of 7, 2013, before me, the undersigned personally appeared KATHRYN GRAY undersigned personal appeared GEOFFREY MELHUISH, personally known to me orproved to me on WILLIAM GRAY personally known to me or proved to the basis of satisfactory evidence to be the individual me on the basis of satisfactory evidence to be the whose name is subscribed to the within instrument and individual whose name is subscribed to the within acknowledged to me that he executed the same in his instrument and acknowledged to me that he executed capacity and that by his signature on the instrument, the the same in his capacity and that by his signature on the individual, or the person upon behalf of which the instrument, the individual, or the person upon behalf of individual acted, executed the instrument and that such which the individual acted, executed the instrument and individualmade such appearance before the undersigned that such individual mad such app ~a~nce befc the in the nnrpt) (Insert the undersigned in the ~f rvo' !S city or other politicalsubdivision and the state or country (Insert the city or other political subdiv'io the or other place the acknowledgment was taken.). state or country or other plat the acknowledgment was taken.). v mow,„ -r f'c: r. FLETC otary ~Ptu_bl' 1 % 9 t' Ia 0% i ;7,, , SEP 17 201? 386311 f OT ~y3 CSrLlARL, Ot-' H --'C7=tU~ qny PV.A u STATE OF VIRGINIA n_ ) ss State of New York ) COUNTY OF 1~06(U(IL ss: n( County of Suffolk On the 14 day of Ab 2013, before me, the On this day of 2013 undersigned personally appeared KATHRYN GRAY before, the undersigned, personally appeared - MELHUISH, personally known tomeor proved tome on MARY GRAY PAYNE, personally known to me the basis of satisfactory evidence to be the individual or proved to me on the basis of satisfactory whose name is subscribed to the within instrument and evidence to the be individual(s) whose name(s) is acknowledged to me that he executed the same in his (are) subscribed to the within instrument and capacity and that by his signature on the instrument, the acknowledged to me that helshelthey executed individual, or the person upon behalf of which the the same in his/her/their capacity(ies), and that individual acted, executed the instrument and that such by hislher/lheir signature(s) on the instrument, individual madesuch appearance before the undersigned the Individual(s), or the person upon behalf of which the individual(s) acted, executed the in the -l"k? . (Insert the instrument. cityor other political subdivision and the state or country or other place the acknowledgment was taken.). Notary Public NV FLFT a P C DOROTHY S. OGAR • •••w ~ Notary public, State of r New York s ~C: m i Na,52-8200218.Stiffolkcoun 1, o~ O ` 9 ii Commission Expires August 31. 368311 p • :hrttjM b: `~U ,qRy P10 '4ps"a.m, NYSAA Rniden,id Rol Fs4¢ Fv m, ,n Hotoo (9Aa) CapyrigN C"Rr"a' pevelopmeni 2 SCHEDULE A DESCRIPTION OF PREMISES ~~~ccc vytlS~44ccc aF SLPtA14- iycr18 J ~o~1~ k11~ i~+cr~~ls.{~N OnDCO~ ~ i4-X3 ALL that certain plot on the so er y me o1 a 1e foot pnvate roA Vnown ptscK,6c4 as "Rabbit Lane", 560.26 feet easterly along said southerly line from Bay rq.t. GPI Inns' Avenue, said point of beginning being the northeasterly corner of land of Pascale; from said point of beginning running along said southerly line of said "Rabbit Lane", North 46 degrees 59 minutes 50 seconds East 64.27 feet to land of Rackett; thence along said land of Rackett, South 29 degrees 05 minutes East, 125.00 feet, more or less, to ordinary highwater mark of Gardiner's Bay; thence westerly along the highwater marls, 55 feet, j more or less to said land of Pascale; thence along said land of Pascale, North 34 degrees 12 minutes 40 seconds West, 120 feet, more or less to point of BEGINNING. i ALSO a right of way over said sixteen (16) foot roadway from the easterly line of Bay Avenue easterly to the easterly line of the premises. BEING AND INTENDED TO BE the same premises as contained in deed dated July 5, 2005 and recorded in Liber 12412 page 140 in the Office of the Clerk of the County of Suffolk on August 17, 2005. SEP 17 2013 l l l l l l II I I I!I if 1 1 1 1 1 1 IIlI I I I II I I IIl IIIII III II I I I I I I I I 1111111 IIIII IIIII IIII Illl SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Recorded: of Instrument: DEED 04/12/2013 At: 01:18:50 PM Number of Pages: 4 Receipt Number : 13-0043170 LIBER: D00012726 TRANSFER TAX NUMBER*- 12-20062 PAGE: 388 District: Section: Block: Lot: 014.000 1000 031.00 17.00 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $50,000.00 Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO Page/Filing $5.00 NO NYS SRCHG $15.00 N COE EA-CTY $5.00 NO EA-STATE $125.00 $5.00 NO Notation $0.00 NO TP-584 RPT $60.00 NO Transfer tax $0.00 $0.00 NO NO Comm Pres $0.00 NO Transfer t Fees Paid $255.00 TRANSFER TAX NUMBER: 12-20062 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County SEP 17 201:3 • Ll F2 3 RECORDED Number of pages 2013 Apr 12 01:18:50 P11 JUDITH A. PASCALE CLERK OF This document will be ubiic SUFFOLK COUNTY SEP 17 2013 record. Please remove all L D00012726 Social Security Numbers P 386 DTe 12-20062 fit) st i , , ?r prior to recording. Deed /mortgage instrument. Deed/ Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing, Fee - Mortgage Amt Handling 20. OO 1. Basic Tax 2. Additional Tax _ TP-584 Sub Total Notation Spec/Assit. or EA-5217(County) Stib Total o Spec. /Add. _ EA-5217 (State) TOT. M . TAX R.P.T,S.A.Q D I Town _ Dual County _ eId for Ap e Comm. of Ed. 5..00 Tansfer Tax Affldavh • anslon Tax Certified Copy Th property co ered y this s or im r one. or two NYS Surcharge 15. 00 family dwelling only. Other Sub Total YES . or NO Grand Total If NO, see appropriate tax clause 4on, page If of this lnstr*ume a 4 =01st. 13009198 1000 03^^1000~III0 '~'wIIIIq17I0II 1700 014000 5 Community preservatioReal Property F T S III~II~~I~IBIIIWII~u IIII ItlIA~9Y Tax Service R SMI A Consideration Amount $ Agency oa-APR-7 CPF Tex Due $ Verification 75atisfacaibns/ ers Mailing A ddress VI Im ed' RD & RETURN TO: Vacant land TO - TO Mull to: Judith A. Percale, Suffolk County Clerk 7 Tide Col any Information 310 Center Drive, Riverhead, NY 11901 Co. Name wwwsuffolkcou ntyny.gov/derk Title e 7 _ B Suffolk County Recording & Endorsement Page This page forms part of the attached G6!Ga2' made b1': (SPECIFY TYPE OF INSTRUMENT) G The premises herein is situated in / SUFFOLK COUNTY, NEW YORK TO In the TOWN of j In the VILLAGE or HAMLET of BOX' THRU 8 MUST BE TYPED ORPRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, over i r , IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE. please tie aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact our local Town T ax Receiversothat you may be billed directly for all future property tax statements. - Local property taxes are payable twice a year: on or before January to. and on or before May 31,,. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Undenhurst NY. 11757. Riverhead, N.Y. 11901 7ry ~OI~ (631) 957-3004 (631) 727.3200 SE J CP 1.I Brookhaven Town. Receiver of Taxes - Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingviile, N.Y.11738 " Shelter island, N.Y, 11964 (631) 451-9009 '(631) 749.3338 East Hampton Town Receiver of Taxes - Smithtown Town Receiver of Taxes 99 West Main Street 300 Pantlgo Place Smithtown, N.Y. 11787 East (631)324-27701. 0N.Y. 11937 (631) 360-7610 , Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main street 1161-1ampton Road Huntington,-N.Y. 11743 - Southampton,N.V. 11968 (631)351.3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40.Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold,N.Y, 11971 (631)224•SSBO (631)765.1803 Sincerely, n ~i,.,c+t,atd. L.L. Nipasa-psi Judith A. Pascale 5uffolk County Clerk dw . 2/99 1i01K0~VIW - BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 5007 nn CAUTION: THIS AGREEMENT SHOULD nEPREPARED BY AN ATTORNEY AND REVIEWED BYATFORNEYS FOR SELLER AND PURCHASER BEFORE SIGNING. THIS INDENTURE, madek a NJ N^ day of 2p13 , , between GEORGE P. GRAY, residing at 5417 Wesleyan Drive, #213, Virginia Beach, VA 23455, by KATHRYN GRAY MELHUISH, his attomey-in-fact, SEP 17 2~~fa party of the first pan, and JOSEPH CHERNUSHKA AND JOANNA CHERNUSHKA,as husband and wife, both residing at 845 Bay Ave., East Marion, NY 11939 party of the second part, - WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED (DESCRIPTION OF PREMISES) BEING AND INTENDED TO BE the same premises as conveyed by deed dated July 5, 2005, recorded August 17, 2005 in Liber 12404 page 298 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: George T. Gray, by 19athryJi el uish a/Uf do NYSBA R.idemiol Renl Fsta,e Forms an HNDooa(9/ODI Copynghr Caproa'De clopmenl ACKNOWLEDGMENT STATE OF VIRGNIA COUNTYOF On the 14 day of 4.6.06ry2013, before me, the undersigned personally appeared KATHRYN GRAY MELHUISH, personally known tome or proved to meon the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his SEP 17 2013 capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument and that such individualmad such appearance before the undersigned in the ~fJO/Xal~. .(Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.). pXMI (WN, , of Ic ~P'N~t<`c'Y s; 00 01 U 366311 r < i 2 RGOl""' sRgY P\) NYS3A Rm.&MXl Rml Rttue FOma m HMDMS6 (9a0e) • Z Copyrigpl Gpsafl°Devebpmmr " r Fidelity National Title Insurance Company TITLE NO. 12-7405-65467SUFF SCHEDULE A-t (Description) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly line of a 16 foot private road known as "Rabbit Lane" 561.95 feet easterly along said northerly line from Bay Avenue, said point of beginning being the southeasterly corner of land or Curran; from said paint of beginning running along side land of Curran, north 34 degrees 12 minutes 40 seconds west 175.00 feet more or Less, to the shore of Marion Lake; THENCE easterly along said shore of Marion Lake, 40 feet, more or less, to land of Koch; THENCE along said land of Koch, south 34 degrees 12 minutes 40 seconds east 165.00 feet, more or less, to said northerly line of "Rabbit Lane"; THENCE along said northerly, south 46 degrees 59 minutes 50 seconds west 40.00 feet to the point or place of BEGINNING. ALSO a rigid of way over said 16 foot roadway from the easterly lint of Bay Avenue easterly to the easterly line of the premises. ALSO a right of way over a strip of land 8 feet in width, beginning on the southerly line of said 16 foot roadway about 60 feet westerly from the premises hereby conveyed and running thence southerly to the Bay. For Information Only: Remises also known as 565 Rabbit Lane, East Marion, New York. District 1000 Section 031.00 Block 17.00 Lot 014.000/&7 SEP 17 2013 I' I ME POLICY TO BE ISSUED tinder this commitment will insure the title to such buildings and improvements on the premises which by law consfi me real property. FOR CONVEYANCING ONLY: Together with all the right title and interest of the parry of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-I (Description) Itcv. (0311N) Town of Southold Annex 5/15/2013 54375 Main Road Southold, New York 11971 Tpa~. q# rai" PRE EXISTING CERTIFICATE OF OCCUPANCY No: 36238 Date: 5/15/2013 THIS CERTIFIES that the structure(s) located at. 600 Rabbit Ln, East Marion SCTM 473889 Sec/Block/Lot: 31.-18-13 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 36238 dated 5/15/2013 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: seasonal one family dwelling with access ry~;araef NOTE: Extensive Structural Damage by Hurricane Sandv k F= SEP 17 20f3 The certificate is issued to Gray, George & Melhuish, Kathryn Gray (OWNER) _ of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 'PLEASE SEE ATTACHED INSPECTION REPORT. Auth Signa" ture' BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 600 Rabbit Ln, Fast Marion SUFF. CO. TAX MAP NO.: 31.-18.13 SUBDIVISION: NAME OF OWNER(S): Gray, George & Others OCCUPANCY: ADMITTED BY: Joseph Chemushka SOURCE OF REQUEST: Gray, George & Melhuish, Kathryn Gray DATE: 5/15/2013 DWELLING: # STORIES: 2 # EXITS: 3 FOUNDATION: locust CELLAR: CRAWL SPACE: BATHROOM(S): 1 TOILET ROOM(S): UTILITY ROOM(S): hot water heater PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: 1 GARAGE: DOMESTIC HOTWATER: yes TYPE HEATER: electric AIR CONDITIONING: TYPE HEAT: WARM AIR: HOT WATER: # BEDROOMS: 2 # KITCHENS: 1 BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST: accy one car garage STORAGE, TYPE OF CONST: SWIMMING POOL: GUEST, TYPE OF CONST: OTHER: VIOLATIONS: SEP 17 2013 REMARKS: INSPECTED BY: GARYFh DATE OF INSPECTION: 4/25/2013 9 1 TIME START: END: • 0 LOCATION: (municipality) 2 (number & street) mil' SUBDIVISION: MAP NO.: LOT(S): NAME OF OWNER(S): OCCUPANCY: (owner-tenant) (type) SEP 17 ?01 OS-49D# C~'{LA f){ cCOMPANIED BY: ADMITTED BY: KEY AVAILABLE: SUFF. CO. TAX MAP NO. 1000- SOURCE OF REQUEST: DATE: DWELLING /j TYPE OF CONSTRUCTION: 6,,-4- # STORIES: EXITS: 3 FOUNDATION: C0 u-(S i BASEMENT: CRAWL SPACE: # OF BEDROOMS: 1ST FLR: 2ND FLR 3RD FLR: BATHROOM(S): i:~ TOILET ROOM(S): UTILITY ROOM: N~?~~C GIG PORCH TYPE: DECK, TYPE: PATIO, TYPE: BREEZEWAY: ' FIREPLACE:'--- GARAGE: DOMESTIC HOT/WATER: ~ TYPE HEATER: AIRCONDITIONING: TYPE HEAT: h6l&_ WARM AIR: HOTWATER: # OF KITCHENS: Oz_llQ- FINISHED BASEMENT: YES- NO OTHER: JE dCMtf4 ? .)o ~tjw 9F- ACCESSORY STRUCTURES '1_1 V GARAGE, TYPE OF CONST.: dNQ C~_ STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST: OTHER: VIOLATIONS: CHAPTER 144&, N.Y. SIAM UNIFORM FIRE PREVENTION & BUILDING CODE LO ION PTION ART. SEC. IrFi _ 'am REMARKS: INSPECTED BY: DATE OF INSPECTION: gl 13 TIME START: END: CHERNUSHIfA Property~',,, Situate: boo Rabbit Lane; East Marion, New York SCTM 1000 - 031 - 18 - 013 (Photo taketr oar Jawiary 29,-9013) SFP 7 7 EXIS'T'ING 1=3()AR1_i OF AP- ~ DWELLING wpm } 1:• 5- -r,,."~- ..'E's'c Y.-~'b'?_ °31?~'-'t~ -t 41 •e-. ` ~7 Photograph indicating the current conditions of the front of the existing Single-Family Dwelling within subject property following Hurricane Sandy. Photograph taken from Rabbit Lane, facing southeast, towards Gardiners Bay. t CHERNUSHIfA Property,,,,,~ Situate: soo Rabbit Lane; East Marion, New York SCTM 1 ooo - os 1- 1 s- o 1 s 1 t- (Photo taken on Jantiag 29, 2019) SEP 17 nn E30ARD OF EXISTING DWELLING W Photograph indicating the current conditions of the rear of the existing Single-Family Dwelling within subject property following Hurricane Sandy. Photograph taken from the shoreline of subject property and Gardiners Bay, facing northwest. III CHERNUSHKA Property Situate: boo Rabbit Lane; East Marion, New York SCTM woo - oS i - 18 - o i 3 SUBJECT PROPERTY w~ 0~ Went No~row ! 0 a 9 . RPM ;i xs Beach Stirlmg INN Pond County Zo Grei_ u~:~it e<<"aa Shelter ton F.: ,;i CIO" ,,.one SUBJECT PROPERTY T2 ey ~~h 0 i 0 IS o, P9 a MdHom ~ tote S EP SEP 17 2013 "c ~K'q eat ~r~° BOARD OF APPEALS G a r d i n t r s O1 d sayw"v D~ CP~P CP Q /rB COLOR 1 ~n TRIM L.. ij a s f 1 P Bath Dinette - M. Bld I(o kZV = 37-0 Foundation ggU T/ ~ K. N 0 N Floors Exten ijrj K Zo = I !00 Z,l.S 36Ot/ Basement - S / Interior Finish 25 Il~S'; Ext. Wa I lls 6 '11 DR. Extension Zo o 14o Fire Place Heat /Vc~ iV Extension 'Ak 6 3(08 Z Type Roof Rooms 1st Floor BR. ~ X20=1 0 Rooms 2nd Floor FIN. B. Recreation Room vA~- 10 4u f Dormer Pone X Zp - Breezeway Driveway Garage 4 ;4V /,00 Z $ 0 - Ratio O. B. Total s 1? F7 lo/g3 /,?TOWN OF SOUTHOLD- PROPERTY RECORD CARD YZ OWNER STREET k VILLAGE DIST. SUB. LOT ORME OWN N ~ E ACR. la roc a v e to , C' 4 /1A 1L S TYPE OF BUILDII)4~ r J J-, (A 2ES. SEAS.fG0~I VL. FA COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS U Q 7 G Q. 15 gL fLL^~1~e cuv. J ~R~~4 2 Od a m ci 5 15~~ 213Y,1) al ecA e) 0S cggjoCe e ~4.r~Et^ - E Z9'bb /coo G ccT 7 cc .,-1 L -7 as-~ z v 29~- r I on C-) SCXD 2.800 /3 h 467-1- Z ~9 -CEst ca'q 9co 1900 'R z 200 I -I `l3 BU IN C NDITIO 1 00 NEW NORMAL BELOW AB V FyM Acre Value Per Value Acre )mw 1,-tj Tillable 1 Tillable 2 32° 060 '1I2oco) to ~ irt6~ Tillable 3 Woodland = g Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Total ' DOCK • ~~gOFFO(,rc ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • .F 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 18, 2013 RE: Zoning Appeal No. 6693 Transmitted herewith is Zoning Appeals No. 6693 of Bruce A. Anderson for Joanna Chernushka - 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, Storm-water Run-off Assessment Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Suffolk Environmental Consulting Dated September 17, 2013, Authorization Letter from Joanna Chemushka to Suffolk Environmental Consulting, Inc., Notice of Disapproval from Building Department Amended September 11, 2013, Letter of No Jurisdiction from the New York State Department of Environmental Conservation Dated March 11, 2013, Six Pages of Deed Between George P. Gray and others to Joanna Chernushka Dated February 14, 2013, Six Pages of Deed Between George P. Gray to Joseph Chernushka & Joanna Chemushka Dated February 14, 2013, Pre- Existing Certificate of Occupancy No. 36238 for Seasonal One Family Dwelling with Accessory Garage Dated May 15, 2013, Housing Code Inspection Report Prepared by Gary J. Fish Dated April 25, 2013, Inspection Sheet Prepared by Gary J. Fish Dated April 25, 2013, Two Pages of Photos of Property as it Exists, One Page of Map of Property, One Page of Property Record Card, Survey Showing Property as it Exists Dated August 25, 2013 Prepared by Peconic Surveyors, P.C., One Page of Plans Showing Proposed Elevation and Project Foundation Plan Dated September 13, 2013 Prepared by Joseph Fischetti, P.E., Six Pages of Plans Showing Elevations, Floor Plan and General Notes Dated August 26, 2013 Prepared by Joseph Fischetti, P.E. • 0 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/18/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6693 Chernushka, Joanna 14119 $1000.00 SEP ? R 2013 Southold Town Clerk $1000.00 By _lc_ Thank you. ***RECEIPT*** Date: 09/18/13 Receipt#: 158583 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6693 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#14119 $1,000.00 Suffolk, Environmental Consulting Name: Suffolk, Environmental Consulting P O Box 2003 Bridgehampton, NY 11932 Clerk ID: CAROLH Internal ID: 6693 -Air rr x ' ~l C .1 it I~'.r of L rya L t~ Ax, 1 a n-T 67 f a i , bt, j 3 11 - I Its ~i 1111 . ~ ~1 jq- i; f I I g ~".J'it • I y, 1 Mud v IICr I _ 1fi~~~~~ ~r'~ . ~ ~ ~ -l' ~a$~ i~ ~ `t ¦pVay ~ - Ac' tlki r 1. ~ fir,A~d ~ i't 10 I.i fi'.; • V 4 , j ¦ vyr ~ -a. ~y i•~ r~ l `1r t 1 I r, -v ~ - ~,or' _ NOW i '417 y it l t I G ~ a b ~ , SufYolk Environmental Consulting, Inc. Newman Villagc. SLutc 1:1. 2322 Nlain Sir-eel Ovelview of Rabbit Lane with Lot Lines Alt, - r ^1 1, ~f a !a. i t . ' is g - ti< L .may i'- ~ ~ ~ , i Nail 4 _ 4• N Y t. Ii 3 try`s 1 No. s i wxF ,~1. " ~r d,. 4L 4" F _ Fey ~ _ k< ~ja ter. L sh _ y ! V~ M ' c~1ffo Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE 15161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3464 (NYS D.E.C. Action 2/19/85) Application Dated February 10, 1986 (Trustees Action 9/25/86) TO: Mr. Ted Dowd [Appellant(s)] 201 13th Street East Tierra Verde, FL 33715 At a meeting of the Zoning Board of Appeals held on November 3, 1986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , Section [X1 Request for Variancesto the Zoning Ordinance Articles III Sect }ion 100-31 Bulk Schedule and Article IX, Section 100-119.2(6) [ ] Request for Application of TED DOWD for Variances to the Zoning Ordinance, Articles 111, SectionD=-3T, and XI, Section 100-119.2 for permission to locate new sin le-family dwelling: (a) with an insufficient front- yard setback, (b) with an insufficient sideyard setback, (c) with an insufficient rearyard setback, (d) with total lot coverage in excess of maximum-permitted 20%, (e) with insufficient setback from tidal wetlands. Location of Property: 350 Rabbit Lane, East Marion; County Tax Map Parcel No. 1000-31-18-8. WHEREAS, a public hearing was held and concluded on October 22, 1986, in the Matter of the Application of TED DOWD under Appeal No. 3464; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to construct a new single-family dwelling structure: (a) with an insufficient frontyard setback at 20 feet at its closest distance, (b) with an insufficient easterly sideyard setback at five feet, (c) with an insufficient rearyard setback at 19 feet at its closest point, (d) with total lot coverage in excess of maximum- permitted 20 percent, (e) with an insufficient setback from tidal wetlands at 19 feet (from ordinary highwater mark), all as shown on sketched survey revised April 1, 1985. 2. The premises in question is a described parcel of land located along the south side of Rabbit Lane, East Marion, Town- ship of Southold, New York, containing a total area of 4,734± sq. (CONTINUED ON PAGES TWO AND THREE) DATED: November 3, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3464 Matter of TED DOWD Decision Rendered November 3, 1986 Ila ft. with 50.36 ft. frontage along Rabbit Lane and lot depth of 94 feet. 3. The subject premises is located in the "A" Residential and Agricultural Zoning District and is vacant. Abutting the subject premises to the west is a parcel improved with a dwelling structure set back 24± feet from Rabbit Lane. The premises immediately east of the subject parcel is also presently vacant. 4. Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum: (a) frontyard setback at 35 feet (or the average established within 300 feet, 100-33); (b) sideyard setback at 10 feet, (c) rearyad setback at 35 feet. Article III, Section 100-31, Bulk Schedule, limits lot coverage to a maximum of 20 percent of the total lot area. Article %I, Section 100-119.2(8) requires all buildings proposed on lots adjacent to tidal water bodies other than the Long Island Sound at not less than 75 feet from the ordinary highwater mark. 5. The amount of relief requested in relation to the zoning requirements are: (a) front yard, 15 feet, or 43% (b) sideyard, five feet, or 50%, (c) rearyard, 16 feet, or 46%, (d) lot coverage, 703.2 sq. ft., or 74.5%, (e) wetlands setback, 56 feet, or 75%. 6. The board finds the general configuration and contours of the parcel lend to the difficulties in locating a principal structure, and strict adherence to the code regulations would not be feasible. 7. It is the opinion of the board that the percentages of relief requested in relation to the requirements are substantial and are not the minimal necessary under the circumstances. In considering this appeal, the board also finds and determines that in granting reduction in the relief as an alternative: (a) the project will not be inconsistent with those generally existing in the neighborhood; (b) the relief will be the minimal necessary under the circum- stances; (c) the circumstances of the property are unique; (d) there will be no substantial change in the character of the area; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, conven- ience or order of the town; (f) in view of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, that the following relief be and hereby is GRANTED in the Matter of the Application of TED DOWD under ppA--eal No. 3464 in the proposed placement of a single-family dwelling structure: 1. The frontyard setback not be less than 24 feet, in line with the existing dwelling abutting this property to the west (presently Moor); 2. The easterly sideyard not be less than nine feet, and total sideyards 24 feet (15 and 9); 3. The total lot coverage for all structures not to exceed 22% at this time; (CONTINUED ON PAGE THREE) A Page 3 - Appeal No. 3464 Matter of TED DOWD Decision Rendered-November 3, 1986 4. No construction or disturbance of area within 25 ft. of ordinary highwater mark (except for bulkheading as may be recommended by State, County or Town agencies, and after receiving appropriate approvals in writing); 5. Setback from rear property line and ordinary high water mark be not less than 25 feet. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. GERARD P. GOEHRINGER, HAS November 12, 1986 :EI'VED AND rvr By 1 =ALL'":~~:.L LIn-Clerk, Town of I I c' c~ I IF A' 11... NU - I' I ~ I V7 ry I - -STATEMENT OF INTENT SI Snl O ?p yi - _I r s_ 1 tJ<: THE WATER SUPPLY AND SEWAGE I'll" 4-~ u-` I% 7 I lG I SYSTEMS FOR THIS AESIDBNCF Wh . t' 1i I ! CONFORM,~-STANDARUw OF IHIi P HEAL N5 iVIt LS SUFIS K LITANY- w SUFFOLK COUNTV DEPT. OF Hill" III n c-I SERVICES FOR APPROVAL <n I 0 1 x CONSTRUCTION ONLY o s. ) DATE. _ . I . I I 0b 1 H. S. REF NO • J- APPROVED y ~ Qt ~ J I j SUFFOLK CO TAX MAP DESIGNATION. r r 1 I DIST_ SECT. BI OCK Pcl ri " 1 o rt OWNERS ADDRESS. -rN ~y i lip I ~b~ I ~ r.; ~ t zor I rl. rr~r-l. tls I .f 1 A I II rs I Y a +.a.'~' " r . -T4 DEEI D. L ro566 P TEST HOLL STAMP . l 1 _W<I rY vil, .1~ ~O•lr, I I j b y' "W Inn e.w•erwnn _ ry{ppyo, ll! ~ b coNSr ~ 5a nd f ~ rw~irw~i.ad ~ •aiarw I N ~Im~~ ~ 1~F O 0 ~ io(-"'r / wlael.~.a+sm^..o'o I Inn lunrcrl~- - 1 I - 1 J T N4 `t' ~ ~ ~a°' srti wrw?. we w+v r; 1 1 r c = 0 1 -C, - p s...r.nabe. Warr Area=9,678 aq. f-Y. - I I u 91 _ u- yy IIkI T w7`sr~ C 1 ,ond o,w.+w~am.a;rmnxw •M1 1 I- _I N ~f, ~fY, I C ?.fAe.. Y .rww~NN w o_ r r>osa d RE - 4RL j. GU F V I / ~rn wmw wa red II. - s 6AR- Sq Ja q r n I ( J ...~I (i 1. L 11 3. Perce Gage overe 20X. equest S ti.""ya'e lnr+men. r+meI Ill-- 1 z f. rn 2. Sq Ft o£ Lot Area ,734. d 4.85 1.I - $$5~''achyarea as shovm. EAL r,r,Ib ^Rrxa m. S~agrass area is sli ht. - - 9.a - r LiI ~`JOZi <X I fin. rdda vi:.cd tJc<:. r9, 1984 il.lrva~r=l Dr+r_. S:, r'304 c.5~ e.o %^^k rs Poel 4 m2 April l , 1985 RODERICK VAN TUYL, P.C. -y~oun wa r I Elevvho^5 Isma`-~'4 /ever. LICENSED LAND SURVEYORS fi 4, en GREENPORT NEW YORK L-7-L-- BOARD MEMBERS ~qf so Southold Town Hall lpb Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 James Dinizio ~t # Office Location: Gerard P. Goehringer CA Ae G Town Annex /First Floor, Capital One Bank George Homing r 54375 Main Road (at Youngs Avenue) Ken Schneider Comm, ~ Southold, NY 11971 http://southoldtown.north fork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RE EIVED Tel. (631) 765-1809 • Fax (631) 765-9064 2 ~IUp FINDINGS, DELIBERATIONS AND DETERMINATION k~LG MEETING OF OCTOBER 21, 2010 Southold Town Clerk ZBA FILE # 6413 NAME OF APPLICANT: Stephanos Stefanides SCTM#1000-31-18-17 PROPERTY LOCATION:780 Rabbit Lane (adj. to Gardiner's Bay), East Marion NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 28, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 15, 2010. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed second story addition (roofline) is EXEMPT from Coastal Consistency Review. However, the as built deck is recommended as inconsistent with LWRP policy 4.1. It is recommended that the Board consider requiring that the applicant relocate the structure landward of the Coastal Erosion hazard line. PROPERTY FACTS/DESCRIPTION: The subject parcel is a non-conforming 7,013 sq. ft. improved lot in the R- 40 zone. It has 72 feet of frontage on Rabbit Lane, 94.74 feet along the eastern property line, 72.47 feet on Gardiners Bay and 112.30 feet along the eastern property line as shown on the survey dated July 24, 2009 prepared by Nathan Taft Corwin, 111, LS. BASIS OF APPLICATION: Request for Variance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspector's June 11, 2010, Notice of Disapproval concerning proposed alterations/additions and "as built" deck addition to seasonal dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required total combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, 5) more than the code required total lot coverage of 20%. RELIEF REQUESTED: The applicant proposes additions and alterations to the existing roofline to create a cathedral ceiling requiring a side yard setback of 8.2 feet where the code requires 10 feet. The applicant is also requesting variance relief for an existing deck on the rear and side of the dwelling requiring a bulkhead setback of 0 Page 2 - October 21, 2010 ZBA File46413 - Stef1wides CTM: 1000-31-18.17 feet, a side yard setback of 0 feet, combined side yard setback of 5+/- feet and a rear yard setback of 2+/- feet to the high water mark where the code requires 75 feet from the bulkhead, minimum side yard of 10 feet with 25 feet combined side yard and 35 feet rear yard setbacks. Additionally, the applicant is requesting to maintain existing lot coverage of 24% where the code allows a maximum of 20%. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 23, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance for the alteration of the roof line on the north side of the house will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the improvement will not add any more livable space to the house then currently exists. The granting of alternate relief for the as built deck requested setback variances will reduce the detriment to nearby properties by reducing the potential damage from flooding and erosion hazards as stated in the LWRP memorandum dated September 15, 2010. (see conditions below for alternative setback dimensions granted.) 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 because the entire house sits within 75 feet of the bulkhead therefore any construction to this property would require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not substantial with respect to the proposed raising of the roof line. However, the alternate relief granted for the reconfiguration of the existing deck is substantial because the new setbacks will still be well within the 75 setback from the bulkhead. 4. Town Law t1267-b(3)(b)(4) No evidence has been submitted to suggest that a variance and grant of alternate relief, in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The partial removal of the deck by the amount granted will help minimize potential loss and damage from flooding and erosion as stated in the LWRP Memorandum dated Sept. 15, 2010. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. To the extent that the house has existed in its present location since before 1957 the difficulty has not been self created. However, recent interpretations by the Zoning Board (Walz Application 5039) require applicants seeking relief from the code for pre-existing non conforming setbacks, to attempt to bring these structures into closer compliance to the existing requirements. 6. Town Law 4267-b. Grant of relief for the roof line change is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of updating the outside appearance of their home, 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 Dinizio, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance requested for the alteration/addition as applied for; DENY, 1) The 0 foot setback from the bulkhead for the "as built" deck addition. 2) The 0 ft setback requested for the westerly side yard. 3) The 5+/- ft. setback requested for easterly side yard. 4) The variance requested to maintain the existing nonconforming 24% total lot coverage. And, GRANT ALTERNATIVE RELIEF as noted below: Page 3 -October 21, 2010 ,SPA nK~~ ZBA Fite46413 - Stefmides CTM: 1000-3148-17 1) An 8.2 ft. setback on the westerly side yard. 2) A 7 ft. setback from the rear of the dwelling to the bulkhead in the southern/rear of the property. 3) A 15 ft. setback on the eastern side yard. Conditions: 1) Deck shall remain open to the sky. 2) The shed shall be moved to conform to the code required 35 foot front yard setback and 3 foot side yard setback. That the above conditions be written into the Building Inspector's Certificate of occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey with recalculations of lot coverage, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Schneider, Horning. Absent was Member Goehringer. This Resolution was duly adopted (4-0). 41 RECEIVED Leslie Kancs Weisman, hairperson 4 ' O -SAO Approved for Filing ,td,zr /2010 2 7 Southold Tow~f }n Clark M 1 SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD .S~ SUFFOLK COUNTY. NEW YORK S.C. TAX No. 1000-31-18-17 01 SCALE 1'=30' JULY 2l 2009 f.,V~1A4 AREA ]A1] z9. 1,. /~~y,•p ~Q ¢ Q. 61 dd` ~0 y ~ 4 sa o; sT RECEIVED Sy 9°ts '°naq• S~e,2 / / •°'T 2 BOARD OF APPEALS li j 9• \ / A~9~ ^ryO.1P s~~~? vy"~~ / b ti i ~73atAFTCp Y~ u.o sa;A Nathan Corwin 111 ra< Land Surveyor mo• . mu ~m nrv[NU P.- (63W21z"o m t ~ - •e. ar0/a ? x]~ wYwrt[o „i N65w _ i urr, xo~ SqA u[ xe. ~ g961R5 BOARD MEMBERS Southold Town Hall # W" Leslie Kanes Weisman, Chairperson ~y?OF SOpj~o 53095 Main Road • P.O. Box 1179 SO Southold, NY 11971-0959 11 Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider ~iJMrMy Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD (631) 765-1809 • Fax (631) 765-9064 ~ 17- Tel. AP 2 3 2013 FINDINGS, DELIBERATIONS AND DETERMINATION So hold Town Clerk MEETING OF APRIL 18, 2013 ZBA FILE: 6640 NAME OF APPLICANT: Richard Frizzi SCTMtl1000-31-18-15 PROPERTY LOCATION: 680 Rabbit Lane (Private Road) (adj. to Gardiners Bay), East Marion, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 19, 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 March 25, 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, EXCEPT for the Proposed Patio being proposed in the CEHA which is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, the applicant has agreed to reduce the size of the proposed patio to less than 200 square feet, thus making it consistent with the LWRP policy. PROPERTY FACTS/DESCRIPTION: Subject parcel is a non-conforming 3,596 square foot lot in the R40 zone district. It is improved with a 1 story frame house with attached deck (storm damaged) and an accessory frame garage. It has 27.40 feet of frontage on Rabbit Lane (Private Road), 103.60 feet along the northern property line, 40.96 feet on Gardiners Bay and 113.45 feet along the southern property line as shown on the survey dated January 14, 2013 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's March I, 2013 Notice of Disapproval based on an application for building permit for construction of a new single family dwelling: 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard setback of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet. RELIEF REOUESTED: The applicant requests a variances to demolish and reconstruct a new single family dwelling with a rear yard setback of 28 feet where the code requires 35 feet, a single side yard setback of 6 feet where the code requires 10 feet, a combined side yard setback of 16 feet where the requires 25 feet and lot Page 2 of '3 - April 18, 2013 ZBA Fi106640 - Frizzi SCFM 1000-31-18-15 coverage of 29°/a where the code permits a maximum of 20%. Additionally, the applicant is proposing a 17 foot setback from the bulkhead where the code requires 75 feet. ADDITIONAL INFORMATION: The applicant proposes to build a new two story dwelling to replace the one- story dwelling that was destroyed by hurricane Sandy in October of 2012. This Board asked for comments from the Southold Town Trustees and in a memo dated April 3, 2013, the Trustees stated that the proposed on-grade patio located within the CEHA is not to exceed 200 square feet as per Chapter I I I Jown of Southold Coastal Erosion Hazard Area Law; and it needs to be constructed with pervious material in its entirety to prevent storm-water runoff and erosion. An e-mail was received from an adjoining neighbor with concerns. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4, 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 fallowing facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of pre-existing non-conforming waterfront parcels with dwellings and accessory structures, all of which have multiple non-conformities, similar to the subject parcel and to what the applicant proposes. 2. Town Law &267-6(3)(6)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The pre-existing non-conforming subject parcel is narrow and shallow with a pre-existing non-conforming accessory structure located in the front yard which eliminates any location where a dwelling may be proposed and not require area variances. 3. Town Law &267-b(3)(b)(3). The five area variances granted herein are mathematically substantial. I) The proposed rear yard setback of 28 feet represents a 20% relief from the code required 35 feet. This substantiality is mitigated when considering the proposed rear yard setback will be in more conformance with the code than that of the previous pre-existing rear yard setback of 15+/- feet. 2) The proposed side yard setback of 6 feet represents a 40% relief from the code required 10 feet. This substantiality is mitigated when considering the proposed side yard setback will be in more conformance with the code than that of the previous pre-existing side yard setback of 4.5 feet. 3) The proposed combined side yard setback of 16 feet represents a 36% relief from the code required 25 feet. This substantiality is mitigated when considering the proposed combined side yard setback will be in more conformance with the code than that of the previous pre-existing combined side yard setback of 9.2+/- feet. 4) The proposed bulkhead setback of 17+/- feet represents a 77% relief from the code required 75 feet. This substantiality is mitigated when considering the proposed bulkhead setback will be in more conformance with the code than that of the previous pre-existing bulkhead setback of 7.5+/- feet. 5) The proposed lot coverage of 29% represents a 45% relief from the code permitted maximum of 20%. This substantiality is mitigated when considering the proposed lot coverage will be in more conformance with the code than that of the previous pre-existing lot coverage of 36%. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code and additionally, the applicant installed a new bulkhead. 5. Town Law &267-b(3)(b)(5). The difficulty has not been self-created. The hurricane destroyed the pre-existing non-conforming dwelling. Page 3 of 3 - April 18. 2013 ZBA File06640 - Frizzi SCTM 1000-31-18-15 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the architectural drawing prepared by Angel B. Chorno, R.A., sheet No. SK/1, dated 2-14-13, last revised 3-4-13, and the survey prepared by John T. Metzger, L.S., dated January 14, 2013. Subject to the following condition: CONDITIONS: 1. The proposed patio in the Coastal Erosion Hazard Area shall be less than 200 square feet and be constructed with pervious materials, so as to mitigate storm water runoff and erosion. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ofa 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 in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote o,fft the-~ Board Ayes. Members Weisman (Chairperson), Goehringer, Horning, Schneider This Resolution was duly adopted (4-0). Leslie Kanes Weisma , Chairperson Approved for filing qa /2013 R.66rf Cove SURVEY OF PROPERTY N AT EAST MARION TOWN OF SOUTHOLD RECEIVED SUFFOLK COUNTY, NY MAR 06 2013 1000-31-I8-15 BOARD OF APPFALB SCALE, 1'= 20' JANUARY 14, 2013 ~l g0 FINAL MAP lQ¢`~P REVIEWED BY ZB y SEE DEC18101 # N~ DAUD~ l I b 0 yp` M1' oa y\~ A Z l7 1$ .ryas M~ ~~F N E„yn . x >5 d Y ?'Y P P"- d, F 14 WETLANDS AT MHRM. AS PER BRUCE ANDERSON OF SUFFOLK £NNRONMENTAL CONSUL ANC INC. JAN. 16, 20IJ ELEVA DONS ARE REFERENCED TO NAVD.'88 COASTAL A2MW AIZARD LDa FROM MAP PHOTO NO. 48-08--W FLOOD 2ON64 TAM PROM PTRM MAP Na 30099=7H REVAM 88PT. 24 2" AREA= 3,596 S0. FT. (TO TIE LINE) ANY AL 7ERA DON OR ADDIT70N TO THIS SURVEY IS A KOLA DON l i OF SEC77ON 72090E 774E NEW YORK STA7E EDUCADON LAW. 1 N.Y.S. L/C. NO. 49678 EXCEPT AS PER SEC77ON 7209-SUBDILIS70N 2 ALL CERDFCADONS P.C. HEREON ARE VALID FOR 77V5 MAP AND COPIES THEREOF ONLY /F FAX (637) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. WHOSE SIGNATURE APPEARS HEREON. 1SOUTH N .Y. STREET 11 j3_It71 BOARD MEMBERS r4F 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 co ae Town Annex /First Floor, Capital One Bank George Horning • ,p~O~ 54375 Main Road (at Youngs Avenue) Ken Schneider COw Southold, NY 11971 http://southoldtown.noithfork.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, NOVEMBER 7, 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. NOVEMBER 7. 2013: 1:30 P.M. - JOANNA CHERNUSHKA #6693 - Request for Variances from Article XXII Code Section 280-116(B) and Article XXIII Code Section 280-124 based on an application for building permit and the Building Inspector's September 6, 2013 amended September 11, 2013 Notice of Disapproval concerning a permit to amend existing building permit #38109z (storm repairs) to include demolition and construction of a new seasonal dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) less than the minimum code required rear yard setback of 35 feet, located at: 600 Rabbit Lane (adj. to Gardiner's Bay) East Marion, NY. SCTM#1000-31-18-13 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.TothO)Town.Southold.nv.us Dated: October 7, 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 #11406 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 31St day of October, 2013. Principal Clerk LEGAL NOTICE - SOUTHOLDTOWN ZONING BOARD OF APPEALS / THURSDAYNOVEMBER7,2013 me this day of V PUBLIC HEARINGS Y 2013. NOTICE IS HEREBY GIVEN, put- 1050 A.M. - JEFFREY s P INUM suanl to Section 267 of the Town Law and #6694 - Request for Variances from previ- Town Code Chapter,280 (Zoning), Town ous ZBA Grant#5498, Conditions #1 and 2 of Southold, the following public hearings and the Building Inspector's September 6, will be held by the SOUTHOLD TOWN 2013 Notice of Disapproval based on an ap- ZONING BOARD x OF APPEARS the ncanon for building permit alterations to Town Hall 53095 53093dam Road, P.O, . Box an existing non<onfomrnhg building with 1179, Southold wrl'ork 11971-0959, on a Conforming use (garage) at 1) change in THUR. E 7dlL}: use from accessory storage garage, 2) addi- nc. tion of utilities other than electric and Cold ?f9ri Rom Ar- water,locatedan1185 Mill Road Mattituck, GC STINA VOLINSKI ~ RVI r ance ticle XXITI $ac Joe 2$0.124 and the NY SCIM#1000.106-95.4 NOTARY PUBLIC-STATE OF NEW YORK Buildirtg~ 'a .gttgI st 13, 2013 11110 A .M- TRUE LIGHT Notice oI al 'b -on an ap CHIJRCH (MEM RENSf1NI,#6695 - No. 01V06105050 pl+eation f$t W+aiht;fo[,.~r:rmen Rtf on pmT('A~d¢ fuolifled in Suffolk County porch addiW t9'elhRlri{ single famby quests + _ ' _ me• dwelling: 1)1e54 thiN Elie Sect required questing My commission Expires Eaorumy 28, 2016 2:00 P.M.-BREYj+,~}~A(~YARI, mimmuin ('pgtSYt1laof 75 feet, office space a wor. R Nr4liYr IlJl" iil7:ma - locat<d of #n EedRoed (adj shi and re an Request to Fi takar'b Sul. t r's is_and, 3'1615 Main d 25) % in Variance fmmArdele XXU bode Sec- NY. Cutchogue, 1 24.1 time 280_A6 H)'asd.&t Building Inspec- 1130 e M - ES (i ,I1yNIESj tors Ad" 6,1113 Notimof blsapproval 8ISS8TT. Hi 46896'-Apji)iaa¢trequests .based miff application for boAding,permit ` ' ' Exemption -a E%eeptldo under Article III, h' du~4hAAd1 IOL ct a new-restroom a" 'C Inf. `tab (f-138(19). Smaieie 880-138(13). The Applic'aat is buildl°& 10 0 pospaaed-,ak m as him, - The qpC u..tffi"t;t eT=tegnesting the oaver requtatmg authorization to man thetxtddr cedhJRli6adsetbac of autleet fg the rl It A,A ocessory establish an Apceasory Apartment in an 75 (aetdnriKd ,~,~3~W'ManhesWAvenue Pf#taaoture to accessory structure, toes, aY: SS Oft (add Io sai,SiTBng Basin) caw at C7 ra'koed-Matrim&, Neck Rohl (4omer of e k0ad, 'SC;1M#1g60.36-1-1 o,,AppealswiBlitaraBper- NY. scrwill00-95-3-4.1 - aka Otatity.Route 48, private'kOW'y) 1030 AX -ROY WARD #6691 - Mattimck, NY. SCI'MItAG-113-7.19.233 sMfs dashing to be The Request for Variances from Article XXII :30 P. M. - JOANNA - hmad t hearing, andlin desiring in Code Section 280-116(B) and Article KA 96693 - Request for a[1 hue mdsett nnijAen statements before the con- Code Section 280-124 based on an Article XXH Code Section $80-116(8) chums of each hes ng Each hearing Will application for building permit and the and Article XXIEI Code Section 280- not start earlier than designated above. Building Inspector's August 5, 2013 Notice 124 based on an application for building Files are available for review during regu- of Disapproval concerning a permit for permit and the Building Inspector's Sep- lar business hours and prior to the day of "as built" patio structure, an 1) proposed tember 6, 2013 amended September 11, the hearing. If you have question; please Construction at less than the code required 2013 Notice of Disapproval cnfoming Contact our office at, (631) 765-1809, or by bulkhead setback of 73 feat, ,.2):1ess than a permit to amend existing building per- email: V1ckiJbth@'Ihwn.Southold.nyus the code required.:Wmmutn h¢if yard mit #38109z (storm repairs) to. irtelude Dated: October 7, 2013 r - a demolition and construction of a new ZONING BOARD OF APPEALS setback of 50 feet, 3si ids thin- seasonal dwelling, at, 1) proposed con- LESLIE KANES WEISMAN, CHAIR- requued mmmrum side yard ..M struction at less than the code required PERSON 15 feet, basted Crook 4075S' E llwater ene's CrvenE ue bulkhead setback of 75 feet, 2) less than BY Vicki Toth at; (adj. to East Chee aka ugek) the minimum code required rear yard 54375 Main Road (Office Location) Cutchogue, NY. SCIM#100 -137-1-8.1 setback of k feet, located at 600 Rab- 53095 Main Road (Mailing/USPS) bit Lane (adj. to Gardiner's Bay) East P.O. Box 1179 Marion, NY. SCTM#1000-31-I8-13 Southold, NY 11971-0959 11.406-1 T 10131 ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CHERNUSHKA, JOANNA #6693 MAP # 31.-18-13 VARIANCE SETBACKS REQUEST DEMO/RECONSTRUCT SEASONAL DWELLING ~ DATE: THURS, NOV. 7, 2013 10030 PM If you are interested in this project, you may review the file(s) prior to I the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httn:Hsouthtown.northfork.net October 7, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, November 7, 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 October 21st: 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 October 28th: 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 October 30th: 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 November 5, 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK .3 AFFIDAVIT OF In the Matter of the Application of MAILINGS L YA.d A- ' (Name of Applicants) SCTM Parcel # 1000- 3 t - - 13 COUNTY OF SUFFOLK STATE OF NEW YORK ~Ll~YDLKCNUiKOwNttn~7"xYC-C~^=su~nn~L-. /,iJ~ I, D((r--f- (~%gSSI CiL residing at M 4/1'j SEE, n~wn r fr / r c 9 bk - r New York, being duly sworn, deposes and says that: '!D (s-f-/{yyypra,,; , On the 4 day of COnSgV- , 201 , I personally mailed at the United States Post Office in 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, surrounding the applicant's property. (Signature) §yvom to before me this (yof (,/D36 20/3 Wl",PS, D (vans (Notary Public) Nor York c ~ ~ n, rrty Coma C~, arq 22,201 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. Chernushka 600 Rabbit Lane; East Marion 1000-31-18-13 J 3 31.-17-13.2 Romeo Solon Ann Marie Solon 7 Shore Rd Manhasset, NY 11030 31.-17-15 Betsch Family 2012 Revocable Trust c/o Barbara Betsch PO Box 92 East Marion, NY 11939 31.-18-12 Laura L Orlando 4 Shinnecock Ln East Islip, NY 11730 i postal RTIFIED CEo Insurance Coverage provided) (Domestic Mail Only; N " 1 s :.z . I j o -n Postage $ $0.96 Ln Certified Fee $3.10 03 dt, ry 4 OO Return Receipt Fee mmentRecluir)d) $2.55 ^ (EndoC3 O (Entlo emeDmB1Ri~evalrern $0.00 j Total PoelageB Fees $ O Sent o A/ Sheet, Apt. No:: 17 M or Po Box No. =S.- t` CIry State ZIP+4 s~ 3 U.S. Postal Service,,, CERTIFIED MAIL,. RECEIPT r~ (Domestic Mail Only; No Insurance Coverage Provided) Q Postage $ $0.96 ~ a CariXletl Fee $3.10 03 C3 Posarwrk r,..•, C3 Rehm Receipt Fee Here C (Endorsement Required) ' , (J C3 Restricted DeliveryFee (.l 1 (Endorsement Required) $0~ , O Q S Total Postage & Fees $ $6.51 1 8/2013 O u ant is r /JS} } 1~N~J---Ne! =i r-9 Street Apt. - Or PO sox NO. N s.uc+c~.. Glry, State, ZIP +4 'V :r r. On/ I PS For. U.S. Postal Service,,, CERTIFIED MAIL~,, RECEIPT ,q (Domestic Mail Only; No Insurance Coverage Provided) _n S ~*s~ n W AL Postage $ $0.86 9 r-q C3 Cengred Fee pZ u.lo (~((77 1 R p Return RecelPl Fee 7~f (Endorsement Required) $2. 1 { O Restricted Delivery Fee C3 (Endmsement Required) $0,00 ~ Total Postage & Fees S $ $6, / O S nt a C3 or Po Box No. CIry~,Stete, ZIP+4 n~7t PS For. 3800. A~,.~l a fJ7 rr. ~I SENDER:comi- E THIS SECTION COMP! ETE THIS Sl- LION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete t"s room 4 k Restricted Delivery is desired. ¦ Prim your name and address on the reverse 13 A9ant so that wtr call `ao you r¦ Attlleh this card to the back of the mailpiece. , C- Date or Deliv ery or Qt the front if space permits. 1. Addressed to: D. Is delivery address dWwem from Item 17 ? Yes If YES, enter delivery address bek,, 0 No Romeo Solon Pp C , e o o t( " Ann Marie Solon 7 Shore Rd Manhasset, NY 11030 3. Type Mail 13 Express Mall E' ed O Return Receipt for Merchandise Inured Mall ? C.O.D. 4. Restricted DeliveW Xkir, Fee) 13 Yes 2. Article Number (rransfer rrorn service iabo 7012 0470 0000 5160 4997 PS Form 3$11, February 2004 Domestic Return Receipt ww"k#.- i 102595-02-M-15e0 COMPLETE ENDER. SECTION COMPLETE THIS SECTION ON DELIVERY ¦ =4p" ete kerns 1, 2, and 3. Also complete A. Sig at k Restricted Delivery is desired. l7 A9@m ¦ Prim your name, and address on the reverse = A T so that we can return tftcard to you. JZ7 ¦ Attach this card to~thAloack of the mailpiece, B. ived by ( "red N ) ; . Date of or on the front If space permits. p 1. Article Addressed to: D. Is delivery address dikerent q Yes If YES, enter delivery address ? No J Laura L Orlando ~r s 4 Shinnecock Ln ~ East Islip, NY 11730 3. Mall 13 Express Mail Registered E3 Return Receipt for Merchandise ? Insured mail 13 C.O.D. Number 4. Restricted Delivery? (Extra Fee) ? Yes 2. Artfce (iransfar thorn service iabeq 7012 0470 0000 5160 4447 Ps Form .3811, February 2004 Domestic Return Receipt CNERJUI.tst,Ia- toussaz-M.tseo SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. si999~~~hhhaaetttuuure item 4 k Restricted an Delivery is desired. X [ / ¦ Print your r name name and address on the reverse R/Wa'14- tp Addressee so that we can return the card to you. B. Received b rhf[etl ¦ Attach this card to the back of the mailpiece, by (P C. of IN ' or on the front If space permits. E 1. Article Addressed to: D. Is delivery address d ,from Yes If YES, enter delivery 0 No Betsch Family 2012 tlablib Trust c/o Barbara Betsc PO Box 92 ti4 3 1YVe East Marion, NY ~39ri &L MaII ? Express mail ? Registered ? Return Receipt for Merchandise gecj ? Insured Mail 0 C.O.D. 4. Restricted Delivery! (Exsa Fee) ? Yes 2. Article Number- 70],2 0470 0000 5160 4461 (transfer Irom seMce labe9 Ps Forth 3811, February 2004 Domestic Return Receipt /t,r TOWN OF SOUTHOLD ZONING BOARD OF APPEALS I 1 _ ~/'3 SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 3j - / ~2 - 13 COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, -DQA=x-- residing at Ml4/N 5325 - t ~i~~/vrY9 uj//LG?1( - S New York, being duly sworn, depose and say that: On the ao( day of _C?('j' b gyp , 201 it , 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 confine 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 ~rjr 3 (Signature) Sworn to before me this / Day of AX2, 2073 M~"r D Ivans Notary Public) NO e irk C. ° `v Comn;, s- ~.rres J:.._ y 22, 201 near the entrance or driveway entrance of my property, as the area most visible to passerby. --Suffolk Environmental Consulting, Inc. Newman VdLt"c, Suite E, 2333 Will Street. P.O. Box 2003. Bridgehampton. New York 11932-2003 (631)537-5100 Fax: (631)537-5291 Bruce Anderson, M.S., President October 23, 2013 Southold Town ZBA c/o Ms. Vicki Toth P.O. Box 1 179 Southold, NY 11971 / Re: Chernushka Property 10~~ 3 Situate: 600 Rabbit Lane; East Marion SCTM#: 1000-31-18-13 Dear Ms. Toth, As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Zoning Board of Appeals, I enclose herewith: ? Affidavit of Mailing dated October 18, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick enc. cc: Mr. Chernushka r BOARD MEMBERS QF SoU Southold Town Hall Leslie Kanes Weisman, Chairperson JiyO 53095 Main Road • P.O. Box 1179 hO ~n Southold, NY 11971-0959 Eric Dantes # # Office Location: Gerard P. Goehringer ac Town Annex /First Floor, Capital One Bank : el-% 54375 Main Road (at Youngs Avenue) George Horning Ken Schneider Ol~COO Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 September 18, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold S E P 1 ~5 'J'',3 Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6693 - Chernushka Dear Mr. Terry: We have received an application for demolition and re-construction in E. Marion. 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, Leslie K. Weisman Chairperson By: C~Q~xL4~fl~ Encls. BOARD MEMBERS • Southold Town Hall Leslie Kanes Weisman, Chairperson a solliz. 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Horning • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 September 18, 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 #6693 Owner/Applicant: Chernushka, Joanna Action Requested: Demo/Reconstruction - setbacks Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson - o Encls. BOARD MEMBERS a $oSouthold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider lyCOU Southold, NY 11971 http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 November 22, 2013 Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application #6693 - Chernushka Dear Mr. Anderson: Transmitted for your records is a copy of the Board's November 21, 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, 06f V 06f Vicki Toth Encl. Cc: Building Dept. N .mE fOxxL W.°EE SE~Iq. SEE SEL.N0. 032 ~d~y,pp _ l1NE \ MATCH d MATLN IINE - O l O SLL. No S . A' „ EE SEO.NO. 1 V QS M1 ~°d mac]atea m ~ 12 Ipppl eClLEI I.iA p ~ FavFrttx y'l/• q•` ,0 / ~•{SI w,rtwm M1 ,O Ot" A nr ` IPW CF 1M1~, °M1 c 1Pr' nt ~ •i4 ~ f` ,h? m .NAcI 6 MAIN o b f sa+n.,.fw Sy e to 19 \ I~,wWS`1 ] 10.6 ~ O 1 ] °~o\ m ? St h~ Q 4/ ,M1 ,9 ° 11 13 B ~ 25A ® Q / ° 7.1 ' 2]A 1 V ? 10 yB111 10? Z , 41 / h •A v1AAc1 je °ylcl M1 1.]A p % O 2.]A AA ° a . s ^e ? p9 ~ M1 0 13 / b h ~ ° Q eI: 6 ? M1 A All 1 l/ OM~\ A ?6 qa, h~~ M1 } bM1 11 (J s+J k i CE q3 TOM OF Sd KOLO x0 b~ ` b MARION LAKE ~C I I 7 R~' ~'0 O O 1 a q • : to Wcl Aft a v 2 e e q ' , 1 ° MARION LAKE 9 e eW4 q M4 Tom I, ecUTNOttt / visor T(A w n a is ~ ° ~ v P?~ 12 10 b9 ~ N Me ~ O v S N • s" P 1 m MK COUNTY OF SUFFOLK 1: 1 NOTICE Real PfOPeiry Tax Service Age-, I Uw_ om _ ~ y~ymworrvwnr,n,r z O H F- Q cr W H Q J In Q W 20'-a' Z) O w 6 6'-4/2 :o - 4X12 GIRDER 4%12 GIRDER 4X12 GIRDER 4X12 GIRDER 'O H CA O G X Pa m 10 N Ii% o~ o~~ T z V y co J `W 4X12 GIRDER 4XR GIRDER 4X12 GIRDER 4X12 GIRDER Q ~ 1o"do 10"d,] PILE 15 TON ULTMATE p;; Q 0`x 0 2C CAPACITY (tYP) z 2o' MIN. LENGTH OF O INSTALLED PILEN RN EXISTING CROSS SECTION ° EXISTING m M:: I 0 Q CHIMNEY LLJ SCALE: 1/4" = 1L-0" , Q 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER 0 M m n 0 1: ~N O p o„ X 11d19 ML ~ EXISTING RIDGE STOOP ~m 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER 4X12 GIRDER „ EXISTING 12 i u /2"CDX 5HTG UTILITY SHED M 4 2X70 RR @16"OC ' 276 C1 @16'OC 4.0; QJ W ,J ~ ED 5a o"du. N iiW t0"du. PILE IS ON ULTIMATE LL0 Z CAPACITY (TYP ) 20' MIN LENGTH OF O SIDING PER OWNER 2C F f m •J Z Z INSTALLED PILE 0' I W m REBUILD w/ UNDERLAYMENT - m, Om °D OVER 1/ LEDGER BOARD TO BE FA NDED SHAG. i~ TD BuILDING WITH TIMBERLOxm r 2XM1 SND WALL @ 16'OC J OOm SELECOIJ ERSIN'INC 5CREW5 Z m=r -_4X72 GIRDER -All _--_4X12 GIRDER__-- -_-4XR GIRDER-__~ O cs 11 U) m Q SCREWS @ I6-ad - 4X12 GIRDER ~0Om 3/4" SUBFLOOR 0 EXISTING / W STOOP ~(v ILL [EK 1~"p SISTER / ADD 2X10 DF#2 WALL TO BE REMOVED TO EX FJ @ 16"OC ? ? ? RECEIVED C?b ~ REPLACE / NEW BEAM 5,_0„ SEP 17 2013 REBUILDEXISTING SIMPSON TSP EVERY G-41/2" 61-511 6'-4A" 201-0" 5„ RC).ARD OF APPEALS OTHER) IJYP) FOIUNDATION PL s ON PLAN PROJECT NORTH in slcrFREn TO axe EI @I6roc SCALE: 1/4" = 1'-0" = 1-0 - N DRAWN BY: ]F Monday, August 26 2C GRADE EL 45' OF NEWS SCALE: 1/4" = V-0" p190yF~09~ SHEET NO: I IL 10"dia PILE 15 TON ULTIMATE CAPACIW `"P' CROSS SECTION N 0525~~ Q3_ 20' MIN MIN LENGTH OF INSTALLED PILE SS10~~~ SCALE: 1/4" = 1'-0"