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HomeMy WebLinkAbout6714 S�.y , rhlad� Hill i2d poi c�G�o(al �a.��2. o✓v�ol. p ovc�- cjd e fi CILT ,b1v,eA side IgLL s-e4-6� o ppwx. a.( x ' it( sec. ego-ia� i4ppr Office Location: $Q~ryolo Mailing Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) * P.O. Box 1179 Southold, NY 11971 5 p Southold, NY 11971-0959 i oI~COUmv,~ RECEIVED http://southoldtown.northfork.net /(;0 O *-Ik BOARD OF APPEALS F E B 1 0 -14 TOWN OF SOUTHOLD Southold Town Clerk Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23, 2014 ZBA FILE: # 6714 NAME OF APPLICANT: Mladen Bay PROPERTY LOCATION: 475 Hill Road (adj. to Jockey Creek), Southold, NY SCTM # 1000-70-4-30 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 B 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 December 30, 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 December 23, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTSIDESCRIPTION: This non-conforming 24,321 square foot parcel located in the R40 zone district sits between Jockey Creek and Hill Road in Southold. It is improved with a single family dwelling and accessory shed. The property has 100.00 feet of frontage on Hill Road, 245.00 along the western property line, 96.74 feet on Jockey Creek and 250.00 feet along the eastern property line. The property has a boat dock which juts out into Jockey Creek. All is shown on a site plan by Mladen Bay, Architect, date stamped received by the Zoning Board of Appeals December 10, 2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance on this 24,321 non-conforming lot to construct a garage and covered porch addition in what is now the side yard. On lots between 20,000sq feet and 39,999 square feet the combined side yard setback is 35 feet. The site plan indicates a combined side yard setback of 26 feet. ADDITIONAL INFORMATION: Testimony was taken that the septic tanks are located in the front yard of the property. The applicant stated that the purpose of the garage is to store cars and there will not be any heat or Page 2 of 3 - January 23, 2014 ZBA#6714 - Bay SCTM# 1000-70-0-30 plumbing in the garage. Additionally the applicant provided variances that were granted in the area for similar setbacks. At the hearing, two neighbors spoke against the application. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 9, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family homes. Most of the lots on the Jockey Creek side of Hill Street are similarly sized lots. Attached garages are typical in this neighborhood. Many houses in the neighborhood are at a similar setback from Hill Street. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant "as of right" can build a detached garage accessory structure 10 feet from his property line in his front yard. The applicant can also "as of right" build an attached garage closer to Hill Street than the house presently sits. However, granting the variance as applied for allows for one structure on the property instead of two, and it keeps the house further back off of Hill Street. A detached garage can be built within the same distance to the western property line as of right, as the applicant is proposing to build. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 26% relief from the code. However, the proposed attached garage addition will serve as storage space for the applicant's car collection which is now cluttering the applicant's driveway, and will therefore improve the visual appearance of the neighborhood. The proposed attached porch is in the rear yard and will have no visual impact on the street or the neighbor's property and is proposed at a conforming setback to Jockey Creek. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders and gutters on the house and install drywells to handle storm water runoff. 5. Town Law 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch and garage addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural drawings labeled 1-3 and the site plan all prepared by Mladen Bay Architect and date stamped received by the Zoning Board on December 10, 2013. CONDITION: 1) All fencing on the subject property must conform to the building code. Page 3 of 3 - January 23, 2014 ZBA#6714 - Bay SCTM#1000-704-30 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 of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). C r yt Leslie Kanes eisman, Chal erson r Approved for filing / /d /2014 �01 �� HILL ROAD RECEIVED 11.9 S.68d58'50"E.50.86 g 55 �lE� I U zul d47 Op�E. 887.95' to 0 49 4, 12.3 BOARD OF APPEALS Wells Ave. 0 FINAL IN P I Co REV, , _� OD Q p ZLil..... ASPHALT rtNcc SEE DECISION # (� ,�j DR�� PROPosED S ED DATED I (�3 gaol GARAGE 1 — is' 617Sq.Ft. N 1 1.5' N SPLIT LEVEL HOUSE 1' NOTES: m a MONUMENT N DECK 15 +— SUFFOLK COUNTY TAX MAP 34' 1000-070—�$ PROPOSED EXIST. PATIO LOT AREA —53 PORCH TO BE 544Sq.Ft. REMOVED 24,321 Sq.Ft. 280Sq.Ft. i 0 w o_ 5.1 0 o 0 N N ED A c z 1.2 v 'C pEN @gA_ _ N Cl) 4u WATDERAR NE HIGH N-5 157.210 W _ _ JOCKEY CREEKIE LINE 96.74' yT OF70E`N�p� EXIST. N DOCK SITE PLAN Scale: 1 " = 40'-0" MLADEN BAY R .A. 475 HILL ROAD SOUTHOLD , NY 11971 RECEIVED � UE, 10 2013 Q SOARDOFAWALS Q z 18'-0" Q ck� m — -J0 I 2 18 0 Z" o J �� 4" CONC, APRON L' J _ XIE z : d- (n ANSIONITP•) 4" CONC. SLAB ON RELOCATE GARAGE / \5(EREpq CII GRADE W/WELDED DOOR, INSTALL II �¢,c' M'-A0Fro9�'oy N WIRE MESH \ OVERHEAD TRACKS N PARALEL/TIGHT TO/ IIrn UNDERSIDE OF 1 4 RAFTERS ABOVE p a o� I GARAGEIz CO o / "E " � iv I I I I LINE OF N 4 CONC. S B Ln HOUSE EXISTING \ ON GRADE EXISTING I /� ll HOUSE ozowl L _ - - _ \ GAR GE - - Q \61 Sq . Ft °I � 17'-0" PORCH PORCH ® �JO JOINT RE< LVE EXISTING J m �4" CONC . SLAB ON CED R SHINGLES GRRAD WI/WELDED A INSTALL g" GYP B NEW GARAGE oa XTENON (TYP.) L;j I— ^ Ln 34'-0" Ln / o 0 a•_ e- a- n FOUNDATION PLAN B \ EXIST. ASP �AL PAVING COLUMN BASE LOCATIONS Scalle: 1/8"=1 '-0" / TO REMOVED .Ii—A 1 sq . Ft 2X4's @ -I ) F LINE OF EXISTING 16" O.C. HOUSE BELOW SLOPE SLOPE J01 _ - - - - EXP. 3 X 2s - - - - - - 17'-D" N EXIT CONC . PATIO TO B �LMOVE RESTORE WITH o � . - - - 2" RIVER " � PORC 280 Sq . \ RUNOFF GRAVEL? LINE OF EXISTING HOUSE LINE OF EXISTING / ® 544 S t ® ,l w AT 2nd FLOOR I ® � HOUSE AT 2nd o p �` Co FLOOR N p N_ 2X8's ® (4) 2X12's (PT) 6X6 i 01 ts" O.0 (2) 2X8's —COLUMNS SLOPE (TYP.) 4" CONCRETE EPDM FLAT ROOF 16" ® (2) 2X10's SLAB ON GRADE PORTION 16" o.0 10'-0" 10 —0 34'-0" 10'-483 LINE OF HOUSE BELOW G P LAN N 2x1o's ® 2x10's @ FINAL MAP SLOPE SLOPE I 16" O.O 16" O.O x LINE OF ROOF Scale: 1 /4"=1 '—O" x1iREVIEWED BY BI� SUPPORT SEE DECISION # (P N N STRUCTURE BELOW BELOW DATED l / a�J/ c2ol (/) LEGEND PARTITION TYPES z Q ROOF FRAMING PLAN EXISTING WALLS TO REMAIN x ROOF PLAN DING No: 2 ELEVATION DETAIL (AREA) Scale: / Sle: 1 8"=1 '-0" \l 4 Scale: 1 /8"=1 '-0" �� EXTERIOR WALL ASSEMBLY — 2x4 STUDS, z PLY WOOD, FELT PAPER, CEDAR SHINGLES. 1 3 SECTION \� i� 3 DETAIL (SECTION) SHEETS IN CONTRACT 3 RECEIVED OLL 10 Z013 REMOVE EXIST. BOARD OF APPEALS � OVERHANG OVER 1 D� Q EXIST. GARAGED 2 >_ Z DOOR Q L m J � REPLACE EXIST. ROOF L. I .._. __._' 1--` F SHINGLES TO SHINGLES AT THIS AREA - , L I. 1 -LI J —❑ - -1 - -- MATCH EXISTING 0 = _ ❑ ❑ I ! II11 Qn � i T7 i- I _T_ I 1 w O --I T - � r_ y L I _ � L ' i I I f Z � � � 10" FIBERGLASS ❑ ❑ ❑ COLUMN GARAGE DOOR CEDAR SIDING TO CONCRETE MATCH EXISTING PEAR H_ 0 ELEVATION A Scale: 1 /4"= 1 '-0" 0 Z ❑ z 2 ROOF SHINGLES TO 2 MATCH EXISTING 0 1 ❑ ❑ ❑ J J 6" -3" 70 = O FAT -1-- T -I - - i.;�I_ - _ ROOF o L �- ROOF SHINGLES 10 LI I r J ?❑-'fir o - - - Z In ❑- ❑ L. J r - MATCH EXISTING O 1 _r 2 F , I _-I ❑ oc L L J _S _ T_ 1 _ L _C, _ �. T 1 -i 1-. I❑ J f � T r ❑ L I CEDAR SIDING TO CEDAR SIDING TO MATCH EXISTING - MATCH EXISTING (TYP.) ELEVATION B ELEVATION C Scale: 1 /4"=1 '-C" Scale: 1 /4"= 1 '-O" zZ O W Z D 1 FRAMED FLAT ROOF ¢ 2 POCKET AT WINDOWS 2 2 (_3 1 3 3 / \ EXIST CHIMNEY 3 s/s FLASHING 1- FINAL MAP 2 12 r o 1 4 1 /2" Ply Wd. (24,Typ ) � \ REVIEWED BY ZBA 24' _ e 4 — cc 3 _ DATED d�IN 1/a 114 9 BLOCKING (TYP.) 7 In (3) 2x12 — — -_REMO:Vr- EXisT.- -� 2x10 - -1N OVERHANG OVER IRAFTERS 2x6 COLLAR TIES AT 32" .C. TO MATCH 2x8 (Typ.) EXISTING GARAGE TYP O 0 EXISTING - _ _ _ — _ DOOR _ — _ _ _ — ( ) 1 2x10 (TYP.) _ EXTEND EXISTING 2'-31' 1 : �� ❑ U FASCIA BOARD tiN EXTERIOR (PT) 6x =1co 2 4" CONC. SLAB w Q W _ e WALL COLUMN cn o I W/WIRE MESH > (/-) 2'-0" o b 4" CONC. SLA ASSEMBLY 1 I o J 4" CONCRETE -� ❑ W/WIRE MESH Ij GRADE 1 32,. o W PAD SEE PLAN 3'-0" / 1 DWG NO: 4' CONC SLAB EXIST GARAGE W/WIRE MESH DOOR TO BE RELOCATED SECTION '\\ i% \ � 6 SECTION 2 2 4"= 1 '-0'1 Scale: 1 /4"= 1 '-0" �- -' Scale: / SHEETS IN CONTRACT 3 EXISTING CEDAR CORNER SILL BEARING SIDING AND REPLACED REMOVED POST SIMPSON PLATE NECESSARY BRIDGING FASCIA � HOLD DOWN BOARDS �E�EI�E�� S S FLASHING PLY WOOD 2013 m HD5A @ALL OEC 1 0 � m CORNER RIDGE VENT W/RIDGE N ®FApp POSTS (OR LINE OF CONCRETE SHINGLE TO MATCH EXIST. 2x10 N BOARD CAtS Q I(C� IMPSON SSP EQUAL) FOUNDATION 16" O.C. RAFTERS Q >_ 2x12 (TYP) © 16" Z �--#4 REBAR R EQUAL 2x10 (TYP.) O.C. (TYP.) Q 0 SIMPSON SSP LINE OF PLY WD. "X12" ANCHOR @ 16" O.C. SHEATHING ON m _J I > ANCHOR BOLT BOLT 4'-0" O.C. OR EQUAL EXISTING HOUSE. PLY WOOD WHITE ALUM. z J O CLADDING AT LLFASCIA = _ CORNER POST SILL PLATE STUD TO SILL STUD TO TOP BOARDS Q 0 REMOVE EXISTING CEDAR 2X4 FRAMING z HOLD DOWN ANCHOR BOLT PLATE TIE PLATE TIE SHINGLES AND INSTALL 8" VINYL SOFFIT GYP BD. IN NEW GARAGE DETAIL 2x4 EXTRUDED TO MATCH EXTENSION - ALUMINUM EXISTING SHEET METAL RTRAP NAILED Scale: 1 "= V-0" FRAME TO RAFTER @ WHITE ALUM. 16" O.C. CLADDING AT SIMPSON STRONG 00 FASCIA TIE H1 O 16" O.C. RIDGE VENT BOARDS OR EQUAL 2x12 (TYP.) (TYP.) ROOF (2) 200 02x10 (TYP.) SHINGLES TO MATCH r ° HANGERS NOT EXISTING 1 '-0" DETAIL 3 ° SIMPSON STRONG SHOWN TIE EQUAL EQ ® 16" D.C. PLY WOOD SLIDING GLASS DOOR Scale: 1 "= 1 ' -0" OR UAL � ROOF RIDGE ROOF DIAPHRAGM ROOF DIAPHRAGM o UPLIFT STRAPS PERIMETER DETAIL PERIMETER DETAIL Ply WD. W/ROOFING 0 z DETAIL TO MATCH EXISTING Scale: 1 "= 1 ' -0" (TYP.) SIMPSON H1Z TIE J DESCRIPTION OF BUILDING ELEMENTS NUMBER OF COMMON NAILS NAIL SPACING ROOF FRAMING @ EACH RAFTER J SINPSON 1„ FASCIA BOARD 2x10 (TYP.) _ _ RAFTER TO TOP PLATE (TOE—NAILED) 3-8d PER RAFTER CB / I_CLI 2 PLY WD. W/ROOFING W/ALUM. CEILING JOIST TO TO PLATE (TOE—NAILED) 3-8d PER JOIST TO MATCH EXISTING(TYP.) CLADDING --�� o CEILING JOIST TO PARALLEL RAFTER (FACE—NAILED 6-16d PER LAP Ln CEILING JOIST LAPS OVER PARTITION (FACE—NAILED) 6-1 ad PER LEP 2 2X4 z I� 0 3 MINIMUM SIMPSON H1Z TIE O (n COLLAR TIE TO RAFTER (FACE—NAILED) 2-1Od PER TIE ® © EACH RAFTER VINYL SOFFIT HEADER BLOCKING TO RAFTER (TOE—NAILED) 2-8d EACH END TO MATCH RIM BOARD TO RAFTER (END—NAILED) 2—i6d EACH END FASCIA BOARD 2x1 O (TYP.) EXISTING W/ALUM. oz WALL FRAMING CLADDING— WITH TOP PLATE TO TOP PLATE (FACE—NAILED) 2-16d1 PER FOOT �� WHITE ALUM. TOP PLATES AT INTERSECTIONS (FACE—NAILED) 4-16d JOINTS EACH SIDE CLADDING 2'-0 L� STUD TO STUD (FACE—NAILED) 2-16d 24" D.C. (2) 2X10 BEAM Q 16d 16" O.C. ALONG EDGES Ir/ VINYL SOFFIT - HEADER TO HEADER (FACE—NAILED) TO MATCH SIMPSON " TOP PLATE OR BOTTOM PLATE TO STUD (END—NAILED) 2-15d PER 2%4 STUD p 0 3-16d PER 2%6 STUD EXISTING O PS418PC r_ I 4-16d PER 2x8 STUD COLUMN BASEv STRAP TIE ro BOTTOM PLATE TO FLOOR JOIST, BAND JOIST 2-16d1.2 PER FOOT ENO JOIST OR BLOCKING (FACE—NAILED) ANCHOR SCOPE OF WORK 2'-32 ' FLOOR FRAMING Q a-ea PER JOIST 1 . Provide new roofing at NEW FINAL AP JOIST TO SILL, TOP PLATE OR GIRDER (TOE—NAILED) addition (use 40 yr. architectural 2X4 16 REVIE DWG NO: 2-8d EACH END o ED BY BRIDGING TO JOIST (TOE—NAILED) shingles to match existing. � O.C. ZBA BLOCKING TO JOIST (TOE—NAILED) 2—Bd EACH END CO SEE DEC SIGN # I / BLOCKING TO SILL OR TOP PLATE (TOE—NAILED) 3-16d EACH JOIST 2. Provide ice and water shield LEDGER STRIP TO BEAM (FACE—NAILED) 3-16d 24" O.C. 2'-0" wide at all new roofing 5/8 ANCHOR 2X4 TRACK DATED JOIST ON LEDGER TO BEAM (TOE—NAILED) 3-8d PER JOIST work. BOLTS © 3 —0 0 C. z (PT) 6X6 BAND JOIST TO JOIST (ENO—NAILED) 3—i6d PER JOIST 3. Provide 3,50OPSI concrete 4" GONG. SLAB BAND JOIST TO SILL OR TOP PLATE (TOE—NAILED) 2-16d1 PER FOOT at 4" slab area. All concrete X SIMPSON EL 01 — 011 W/W'W'M' ROOF FRAMING slabs to be wire mesh reinforced. SIMPSO L` STRUCTURAL PANELS 8d 6" EDGE/ 12" FIELD DIAGONAL BOARD SHEATHING 4. Provide 1 /2 ' ply wood roof COLUMN BASE > -IN and exterior wall sheathing. r 1"%6" OR 1"XB" 2—ed PER SUPPORT W3-8d PER SUPPORT 1 11 4 GONG. SLAB �p 1"x1o" OR WIDER 5. Provide felt paper under EI 0 - 0 N CEILING SHEATHING siding. L_ W/W•WM• GRADE > 3„ GYPSUM WALLBOARD 5d COOLERS 7" EDGE/ 10" FIELD — 6. Provide 2X4 exterior wall > WALL SHEATHING DESIGN CALCULATIONS #4 VERTICAL BARS z STRUCTURAL PANELS ad 6" EDGE/ 12" FIELD DEAD LOAD framing. Use (2) 2X4 header w ROOF = 10 PSF plates, and (1 ) 2X4 sill plate. L to 8" CONCRETE BENT OVER 4'-0" N 0 FIBERBOARD PANELS CEILING = 5 PSF GRADE Q — TO SLAB AT 2'-0" O.0 6d3 3" EDGE/ 6" FIELD FLOOR = 10 PSF > FOUNDATION WALL Q 7/i6" WALL = 11 PSF 7. Provide 2X10 roof rafters 3" FOUNDATION WALL 25/32" ad 3" EDGE/ 6" FIELD with 2X10 headers & wall plates, FOR ADDITIONAL o (2) #4 HORIZONTAL IV O (TAB 3301.5) GYPSUM WALLBOARD 5d COOLERS 7" EDGE/ 10" FIELD ROOF = 20 PSF unless otherwise indicated on INFORMATION SEE — ea 5" EDGE/ 12" FIELD FLOOR (LIVING AREA) = 40 PSF drawings. DETAIL No. 5 AT 1,1 BARS IRE 6" OVERLAPS HARDBOARD CONCRETE ALL WIRE TIED _ PARTICLE BOARD PANELS 8d 6" EDGE/ 12" FIELD DEFLECTION UMfM (TABLE R301.7) DWG. No. 3 FOOTING OVER 8' TOGETHER � RAFTERS HAVING SLOPES GREATER S. Provide vented vinyl eves t0 DIAGONAL BOARD SHEATHING 2-1ad PER FOOT THAN 3/12 WITH NO FINISHES match existing. VIRGIN SOIL 2—Bd 6" EDGE/ 12" FIELD CEILING ATTACHED TO RAFTERS = L/180 LLJ 1"x6" OR 1"X8" INTERIOR WALLS AND PARTITIONS = H/180 (2) #5 BARS Q FLOORS AND PLASTERED CEILINGS = L/360 1"X1O" OR WIDER 3—Bd PER SUPPORT 9. Provide vents at roof ridges. CONTINUOUS yO a " z ALL OTHER STRUCTURAL MEMBERS = L/240 D ETA I 4 ( Section @ Patio FLOOR SHEATHING EXTERIOR WALLS WIND LOADS WITH BRITTLE FINISHES = L/240 10. Provide Cedar shake siding 3 _57 STRUCTURAL PANELS WIND LOADS WITH FLEXIBLE FINISHES = L/120 at all new work areas to match " "CJ 1•' OR LESS ed fi" EDGE/ 12" FIELD existing. Scale: 1 ' = 1 ' -0'1 GREATER THAN 1" 10d 6" EDGE/ fi" FIELD DIAGONAL BOARD SHEATHING 1 4 1"X6" OR 1"X8" 2-8d PER SUPPORT 1"X1O" OR WIDER 3—Bd PER SUPPORT TABLE R301.2(1)CLIMATE AND GEOGRAPHIC DESIGN CRITERIA D ETA I L 5 (Ty p . Wall Section )- 1. NAILING REQUIREMENTS ARE BASED ON WALL SHEATHING NAILED 6 INCHES ON CENTER AT THE PANEL SUBJECT TO DAMAGE FROM ICE SHIELD EDGE. IF WALL SHEATHING IS NAILED 3 INCHES ON CENTER AT THE PANEL EDGE TO OBTAIN HIGHER SHEAR GROUND SNOW WIND SPEED SEISMIC DESIGN WEATHERING FROST LINE TERMITE DECAY WINTER DESIGN FLOOD HAZARD UNDERLAYMENT Scale: 1 "= 1 ' —01r CAPACITIES, MAIUNG REQUIREMENTS FOR STRUCTURAL MEMBERS SHALL BE DOUBLED, OR ALTERNATE LOAD (MPH) CATEGORY DEPTH TEMP ABOVE WALL CONNECTORS, SUCH AS SHEAR PLATES, SHALL BE USED TO MAINTAIN THE LOAD PATH. MODERATE TO SLIGHT TO 2. WHEN WALL SHEATHING IS CONTINUOUS OVER CONNECTED MEMBERS, THE TABULATED NUMBER OF NAILS 45 PSF 110 C SEVERE 3'-0" HEAVY MODERATE 13' F NA 2'-0" SHALL BE PERMITTED TO BE REDUCED TO 1-16D NAIL PER FOOT. SHEETS IN CONTRACT 3. CORROSION RESISTANT 11 GAGE ROOFING NAILS AND 16 GAGE STAPLES ARE PERMITTED, CHECK IBC FOR 3 ADDITIONAL REQUIREMENTS. ti 1\� \ 9OUNTY OF SUFFOLK /\S ` RECEIVE® t ,,r`+ J JAN 0 6 2014 l� U M Steven Bellone BOARD OF APPEALS \XD SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment December 30, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie K. Weisman 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 He Number Burden, Lorraine 6712 Bay,Mladen 6714 Kooyker(Willem) & Corrente (Judith Ann) 6716 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099■ (631)853-5191 OFFICE LOCATION: �f SoUry� MAILING ADDRESS: Jw Town Hall Annex �� l0 P.O. Box 1179 \ 54375 State Route 25 * ! Southold, NY 11971 \/1,�cor. Main Rd. &Youngs Ave.) y 1(V Southold, NY 11971 G @ Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVE® t1EL 2 3 2013 To: Leslie Weisman, Chair BDARDOFAPpEAIS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: December 23, 2013 Re: Coastal Consistency Review for ZBA File Ref. MLADEN BAY#6714 SCTM#1000-70-4-30 Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet, located at: 475 Hill Road (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-30 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 actions are EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS item T" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA 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 FORM NO. 3 ��I NOTICE OF DISAPPROVAL RECEIVED` DATE: November 25, 2013 DEC 10 2013 To: Mladen Bay BOARD OF APPEALS 475 Hill Road Southold, NY 11971 Please take notice that your application dated For construction of a garage &porch addition at Location of property 475 Hill Rd., Southold, NY County Tax Map No. 1000— Section 70 Block 4 Lot 30 Is returned herewith and disapproved on the following grounds: The additions on this non-conforming are not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming &have not merged pursuant to 280-10" On lots between 20,000 sq ft. and 39,999 sq ft.,the required combined side yard setback is 35'. The site plan indicates a combined side yard setback of approx. 26' ( Authorized Signature • • • RECEIVE® Fee Filed By: Assignment No. R C I U 201- d Ri)0"PPEgLS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 475 Street HILL tW 2—Hamlet SCX ,CjHV GD SCTM 1000 Section( Block-Lot(s)--3�(�Lot SizeJA_P 21 Zone g�LQ I(WE) APPEAt THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED t t BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): E5AY Mailing Address: 47Yf k)LL ( Q&9 w. ) JoLr—��Lip) t_e>e (tom► Telephone:�11 5&_r1ODJTFax: Email: MRA.Yd11 6&, , MA I L, co -1 NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: XApplicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED _)SAL. l2 J(�)61 and DENIED AN APPLICATION DATED FOR: %Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: X)(I I ) Section: 24JO Subsection: l24 Type of A peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal has, tSlf 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 jor assistance) RECEIVED Name of Owner: ZBA File# IJU 1 ZUi3 REASONS FOR APPEAL (Please be specific, additional sheets maybe used with preparer's signature notarized): iBOARD OFAPPEACS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: TNT 140jottitN4 NoMES o� r';'OT L-�b�E 51 t t tL-A (z St ZG {.O'r5 A u P S10G -eAC-0 S�0'^C.(=5 Bps tN T�At5 ^( r\,kCPT-t oN 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: 5 {NC- th y .�t4+- - L;1T' lovk�,;t2 1/7- AGa-C 1 GtfAb�4�y (t1+% StL�t -r-Av-O 'ro notLE 5i t2La.9rYE�� ,SGi 13e�ctc 6LeGt✓t2c vi�t ��go I TTI6� L-vT vutk5 �Z cGCzc;� Zt{ � fRvPr��,c'v �.GTt3�cicg v✓vv`v �c coaJFkOlZ"Jzt 7. et bsirsd tJ6T� 'YrlskTTHl�z lei A' p-L �A�+lC:f.Y D.yARROvd' VDT WtG(4 lS 3.The amount of relief requested is not substantial because: K 4-5 Cotj-7 i 9tA-tJ-r w l'TN -r" G ""ALw(Z 40T S --Tt+C-' �KPA�pL 0 �tR(�P act% Wr�cJL� Cr l l/(s Y'1G TI'tL� A pt=t,� SLR t� TD 1'c'CLhtl My HO(38,f citopkF- t-tY GL6C5�tG tee.�t5. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1P6 plLOV,0SE A-1217) ftot-L OiiAl -4v' q4S �� ��tyTt�� �+os cEy a5 � ✓cv JF�Ot-t TrtE tzo�� ✓o�� o tr P(A iC I-'1302 N no 9, 5. Has the alleged difficulty been self created? { } Yes,or K No Why: �YEt� Ttt�t�4�t 'r-Oc t.oT t9 &�v1 g tl21-,C4ZC-, , t"1C t5 A Are there any Covenants or Restrictions concerning this land? ONo { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Aget oil (Agent must submit written Authorization from Owner) Sw to before pie this day o It 201�. kt lJc Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01D04634870 Qualified in Suttolk County lI Commission Expires September 30r l RECETiIE®WPLICANT'S PROJECT DESCRIPTIM Ll E 1. [ Q 2013 T l 1,,�/ 4 dOARI � p�A APPLICANT: h ( 1 A 17 L! I 13�.Y DATE PREPARED: 17 `D 1. For Demolition of Existing Building Areas Please describe areas being removed: O F A� ZCI At L-T yat\KGwe'Y II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height(above ground)measured from natural existing grade to first floor: l-W IH.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 5C� tT trE��t✓ 2CSt P =n� Number of Floors and Changes WITH Alterations: CIQoUN17 l 1/�L C� 4� C0000 AVIZITI ©W IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: �1 b� e '�T Proposed increase of building coverage: �TI !2 Square footage of your lot: Percentage of coverage of your lot by building area: c V. Purpose of New Construction: TO ExFAOR Ex►Gii gARXcr� AVP !k COYt;YZ4FI2 t'o2,} 1 VI. Please describe the land contours (flat,slope %, heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): tJ 41/A Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 RECEIVED QUESTIONNAIRE BOARD OF APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? 1 _Yes x No B. Are Pere any proposals to change or alter land contours? No _Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? D 3.)Is the property bulk headed between the wetlands area and the upland building area? �J_0 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 00 E. Are there any patios,concrete barriers, bulkheads r fences that exist that are not shown on the survey that you are submitting?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?-Q If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. tt R Do you or any co-owner also own other land adjoining or close to this parcel? Lam+© If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel l n l l✓ and the proposed use w 'TIA,1 _ . (ex:existing single family,proposed:same with �garage,pool or other) Authorized signature and Date RECEIVED "I , >10Z013 �11� AGRICULTURAL DATA STATEMENT BOARD OFAPPEA(S ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located In an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. I. Name of Applicant: }11./LQ�E l (�jl`� 2. Address of Applicant: �I Z'5 I^I I w 1?-00.0 v,/, 1 500iL OO L-y NY 11°l71 3. Name of Land Owner(if other than Applicant): 5hlr1 t; 4. Address of Land Owner: k4ll. 5. Description of Proposed Project: GIAAACI5-� AQ*7 7y12-Ck( AI?9L-rka7 -E 6. Location of_ P5peNt: (road an Tm — ?number 70 Lti 7. Is the parcel within 500 feet of a farm operation? { } Yes M No 8. Is this parcel actively farmed? { } Yes D<No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) G° z- _mil zv Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. EICEIVE® tS17.20 Append&B UtL 10 2013 Short Environmental Assessment Form BOARD OFAPPEALS Instructions for Comoletine Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information IV Nanfe of Action or Project: Project Location(describe,and attach a location map): Gt T5 NIL , J'-'oAp i g Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: 9 17 5_6 _(pt)< KLA,ot4 N %ns�Y/ E-Mail: � `C1� e1Alt_ G t J Address: 4-7S H (I-L_ C-4A.p \nJ City/PO: State: Zip Code: 10,_K, ( (971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that e/ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. JS 2. Does the proposed action require a permit,approval or funding from any other govemmental Agency.) NO YES If Yes,list agency(s)name and permit or approval: n 3.a.To acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? ,a Z acres - c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0, acres 4. Check all land uses that occur on,adjoining and near the proposed action. • Urban ❑ Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 5. Is the proposed action, I NO YES N/A a.A permitted use under the zoning regulations? U r t ! 0 M 13 b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing ui tural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ✓ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ✓ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? x 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetand or waterbody? x If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. ld5ptify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑A ricultural/grasslands ❑Early mid-successional El Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, / a.Will storm water discharges flow to adjacent properties? > NO❑YES x b.Will stone water discharges be directed to established conveyance systems(runo and storm drains)? If Yes,briefly describe: AIO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the in t of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: oil ` � 19.Has the site of the proposed action or an adjoining property been the location of an a ve r NO YES solid waste management facility? If Yes,describe: i 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: > I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE J Applicant/spon e: j. G�b� Date: l Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? � 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? i 1. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and , cumulative impacts. I`T` RECEIVED UEI, 10 zol?� 130ARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 13 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED 6114 APPLICANT/OWNER f�, 10 2013 TRANSACTIONAL DISCLOSURE FORM 30ARD OFAPPEALS 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. YOURNAME • C—' L."A y.;tj nky (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ?� If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5% of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this I7'H day of Pii'' A20 ' Signature Print Name lfl_lq—n 0 � Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM AC 10 2053 A. INSTRUCTIONS BOARD OFAPPEALS 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# © 70 _ _ The Application has been submitted to(check appropriate response): Town Board Planning Dept. 0 Building Dept. g Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license,certification: I� Nature and extent of action: �J (L�QJ�ST �7(Z VA2lsE�GCl- to • RECEIVED / �I ULL I d ?Oi Location of action: 4 Z�j I-I I �l� CZ oA�t7 yJ, D OFAPPEALS Site acreage:_ Q, ;-(a )-I'LC�E=i� Present land use: 'e, 1 17 1 A.y Present zoning classification: Fn Ztd 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: KI-AQL 0 (jdt y (b) Mailing address: 4 7 S H t I.L O0V1-H 01_ I7 Q K , I I !�2 7 1 (c) Telephone number:Area Code( ) ��1 Z Sb7 19? -3� 7 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ NoF?-<r 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 J No ❑ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ (Not Applicable—please explain) • • RECEIVED OEU 10 Z013 w Attach additional sheets if necessary BOARD OF A-rm" Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria 'Yes E No 0 (Not Applicable-please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes E No 2 (Not Applicable-please explain) IJJ X17(21T1Ot0A L- VLw- 1JFF wa-(- ric' �A t �1 Z i''fLii os�v P o-j Ce-Z r? PL-ekc4� Ate �X1s�)aJCl (��t7D Azk fe7 u1 � �it�� C2 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 0 No 0 (Not Applicable-please explain) to f,�G`� W11-1- IZQVC t�J� 1 rFEGf DcV u)�f d2 AL1'r`r 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 0 No 0 (Not Applicable-please explain) t?9-9JC-et v✓1Z(- tvL2 E-(A-V�� AN-)LC Ot� (VI�7 �t;Lt !emu T-M:55- 6�-co -c—c� oR W1t,+71 -11'45 f4Aff CA f RECEIVED Attach additional sheets if necessary MAKU OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No❑ (Not Applicable—please explain) rr-OJ WILL- GJflT t2 QJAj- )T 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. NYes ❑ No ❑ (Not Applicable—please explain) OJA�- C i7C)L�--,C7 PO-T- lll- V(,2 E Xi\JL! soLt� l�f� SCE 0 (2 HAz4,,,f7-ooL) e7 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. NYeL] No❑ (Not Applicable—please explain) r[Z-(VATC PCZ-OPt✓(Z:T Y Attach additional sheets if necessary WORKING COAST POLICIES • Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteriaRECEIVED KYes ❑ No ❑ (Not Applicable—please explain) !)E.l 10 Z013 P6l-0Ji;G'C VOEh bJOT t-i YC5l /kO> \ 9J T.Cz-. P4jpE 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. NX K�i Yes ❑ No ❑ Not Applicable—please explain K�Wj C(I WILD LJb FQd�YLr l��i t�ehrll/t; i— F�GGT l�l..� M,�fZINL� l2t;S;JJCLt�� 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.( Lam}Yes ❑ No❑ Not Applicable—please explain y O n)t5A2 AI\)12i t\)&('A`r) [,`F���i 122&J AJO !' ��1C0f ToJ �L�� LA )WO Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable—please explain OJ A, nJY I?cV�L_LD Oi^2EAj 5-6j U ( NI�CL/ 1, 2 ESO�tzG674 -zFCFIVEP �,I\A 11t1 T 0 2015 BOARD O Nva___�___ as rrw w / w �:Nia • � m.: or ..l V 8 a vl1,e a a a f a a '•a v'� , a i ✓ .` P,wvalnwP P • ° .' ✓ a n -\�E f a anw 'm` ram... u .rAhN- tr u. •• w ° ° © • ! Q tit pa � tl __ , ..i ti--J w Y -...� ! \ f,l I a•r � P "" 'w�• a s ♦ at'1a d � v � � VA� J,t',+ jai' viw� a, 9 •�. ..� / ,A�y a! � \ I� I� �� x •ap iayN v%•% .��,, dim ^• y + / 1 f v �a .x r •uyx ,/- P h i .vM �iVm �J.aW •LV0 j1...i > ( a - +,+N 1y • , • a N r I e ..�..` .•:.'• i ♦ N ni + � •iIP as \ iwB9 ��fv . ... Wn6orXaa . • �" 1 ,o f a N N N! gy • \ ' m�/IMIP ` "..f-� �P:..��J ♦ �... •ate .• r.:.. I � •, � vWt' v � y'i• Ve^ 1 s N S i C la`xN C n w+�x.v�xl ivp} �•f a Nn �+! ev " P'� s!° s3'• �"-� •irm as r .IM -.NM N + N M1 •w +w ' "�. r 'a ry r r » • • a a' N s � yN Na uwa a a a f a K w -+ � � • \ an t ar 1 N s� '�'✓�� OPMR1 M N •� N �.• I a. M +. O n a a M e� a 1- W a %1 `I•° x • n s n s % f .� N y © H % f a a • f f. a . w a n N + a tl N O • + NE _. v. ^� •>• • • • r ar ..a w % a w % % � a w a r • + • •r � _�.._. ... \ 4icyrC� P.9. ID .% S . . _ • `° a a w % n a i " - wcn l� ���J°� � 19YE n' a•wmr f n + • m a"9•a N a � a a y° %.v•.:, O !~ -a-S�c_�.`--_ui a vws• al a• raP� + vua- f .a+ r •Doom • � ^ � - ~ ^�„Y � � �• / %craw � _ _ _ _ _-_� xpna COUNT'OF 8UFFOLK Q : r w•oe C Real Property TV SaVM Agg " a 70 N .. . ._ uyw�wMI.•rnm N b: ry...�• "`.•� • _ _ ___� _a_� �� ���� ®' V a 1•° •PCIFRlY11I.P e � .s � � ro - may, .•�� � � ��� � 6 a .� lam':.• _ r _ i' �i APB LL - M. " F "v 511 ,t i 4 - � '` - A `•r �t��Ms LYu`' s � rc � � s�l"fe tM`�.:' ... xt i'i i _. . . t " �Gk- a-�r� dkgkf '. •'� � yx,"sst ' '4' `4 r �3."` "N� �',fia � �! +*7g"` x`.� a ,} s v1a t dli� �"i14 C� },�i- s as �"f l`�`'St �i'✓�"� a {W4, q 3 x ru U i 11ECEAFED ROAp qL!. r (� , r -T—� � 10 -7.95 ToweU.5 A M t QOPVE. i ' /Ap OF ti5_�i p50 E. .S�s41 f` SL'r 'EYE FJiZ 43bgRDDFA S POOLS mAV1112 J li9/.11p --- O;AJOiION -- — O ' 10 rL':S 5u:vEr li A VIOLATION Of I W,N.W YOU r1 I SrATE p� I Cc:!5 NOr[iAY1NG 1 • v- A:. uE Ec oL racslaJ iup 'ti Op SCJTt::.r C CCFY. C lYL7 OA KAtI 5U r0 1 '4{p( SP vl:zl"I wim H I ' o L' o. r N - 8l �Hn crab is TNi ; 9 C NJjJ/iYiK RiENCY AA9 I U t �.0 I• n lUr[J Y._L'W,NIV I iJ*A 'C• to i.;A: PF� E cE-ir.E IEm!:tc LYSiF PAT)p 7_ rt�lrE cw u s i.ii'ror a.ANsraAme .. r rp Ap]Nlpegl I NiVIgN$045LMEOVOQ ' En �: ❑ -MONUMENT N u N T(ILE'NQ:S�,_ I ? `' ", ;:';'<SUFF, t'AV, AA P.'1�•070.4-3G. u ` I �. jF_D 7pTNE �G 1�i7Y 71TE- 9 J�.2Ati`v C h _ ('!E <Q"w _ }Qr .`MAQl< - nJ :�i)(Zv '�✓ -JAN.[Z Lgai � LIFJE} .o.7q! '•_ ('���,.\0�— r l I o- G . -_ .—`_ I E -'���cF-�- •�,,_ ,�. Yam_ %=.-__�?-{� � i • FORM NO. 4 • ^ , TOWN OF SOUTHOLD aSCfVVD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. f APPEAI ROARO 0 Certificate Of Occupancy No. 76520. . . . . . Date . . . . . . . . . .oat. . . . .$p . . . . . . .. 19. 73 THIS CERTIFIES that the building located at . . Riu. Rft& . . . . . . . . . . . . . . Street Map No. .Calves.N*Wock No. . . . . . . . . . .Lot No. . . . . . . . . Southold. . .1C.Y... . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . .Jan. .30 . . . ., 19.73. pursuant to which Building Permit No.63'f 2Z. . . dated . . . . . . . . . data. . . 3Q. . . ., 19.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is j ed is private- one -family- dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issuectto . .Anthony- Cassar - - - • ,Owner. . . . . • . • • . • . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . Sept. 6 19.73 .by. A..Villa. . . UNDERWRITERS CERTIFICATE No.11 .1*408 - . . .Sept . l3. . .1973 . . . . . . . . . . . . . . HOUSE NUMBER . . . .47.5j . . . . . . Street . . . 11121. Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �N I Building Inspector ` �a TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER: STREET `! ��- VILLAGE Is SUB. LOT E1VE� �,F 2 RMER OWNERM/ad »#6,C41 Tel t p E -c 2 .ro 6_ �oq 2013 �a» er/ed�AhWlon T Cg55ar#u1{ S W p TYPE OF BULLDING pfq LS Ghcc.,�• �, s�-� RfS.z SEAS. VL. - FARM COMM. CB, MICS. Mkt. Value � r LAND IMP. TOTAL DATE REMARKS 6S44e X3 It J 7i►.e -s 0'_ 7 . .2 3 v o $ b D =o .23 00 00 00 /f 1&Z 11&617-3 & 7A24�S" t gin L(o�f4Sa Sm �irn ' gnnasttstts to L 70 rc. 7S60 s b Q vn>7 Gik'Qo1- & 6a z- - j �Q k decea vd �e q AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM i Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD DOCK I o��S�FFO(�4'c0 ELIZABETH A.NEVILLE,MMC ti� l/y Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 • Fax(631)765-6145 MARRIAGE OFFICER 01 �aO� Telephone(631)765-1500 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: December 10, 2013 RE: Zoning Appeal No. 6714 Transmitted herewith is Zoning Appeals No. 6714 for Mladen Bay - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval from Building Department Dated November 25, 2013, Copy of Tax Map with Property Highlighted, Two Pages of Photos of Property, Site Plan Showing Proposed and Existing Construction, Survey of Property Showing Existing Construction Dated January 12, 1981, Certificate of Occupancy No. Z5520 for Private One Family Dwelling Dated October 12, 1973, Copy of Property Record Card, Three Pages of Plans Showing Existing& Proposed Construction, Elevations& Specifications Prepared by Mladen Bay R.A. * * * RECEIPT * * * Date: 12/10/13 Receipt#: 159902 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6714 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1486 $500.00 Bay, Mladen Name: Bay, Mladen 475 Hill Road Po Box 165 Southold, NY 11971 Clerk ID: CAROLH Internal ID:6714 madm 475 Hill Road,Southold, NY 11971 631 765-4180 January 9, 2014 To: Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 Re: ZBA File No.:6714 STCM# 1000-70-4-30 Dear Board Members, I am requesting permission to build within the guidelines of the less stringent setback requirements of a lot that is less than 1/2 acre. My lot is slightly over half an Acre, it is less than 1/10th over. Also,the lot is relatively narrow. The lot street frontage width is more consistent with the smaller lots. There are 2 ways I could add the space as of right without having to apply for a variance. 1 st. is a Detached Accessory Structure in front of the house, IOFt from the property line.As you know being water front it can go in front of the house. and 2nd is an Attached Garage in front of the house. With an 83Ft. front yard,I could build out as much as 43Ft. These 2 options would look add and stick out like a sore thumb. The 3rd option is as I am proposing,an attached garage on the side of the house. There is a Google Sky View photo in your package, it shows a string of houses on the creek side. If you look closely you can see that my houses has one of the wider side yards between houses. The lot size is also very similar. My lot just happens to be a slightly larger lot, less than 1/10 over a 1/2 acre. In my opinion the proposed plan does the most for curb appeal, the addition would blend in with the adjoining houses,and is the most consistent with the character of the neighborhood.It is my hope that you will agree and grant me this request. Thank you for your consideration, Mladen Bay 1�! em-71r � r . �pw�-� tp " • '� �; rD w , �'� .�+ v ar•t � St �D O OL CD �P t y 1 0 � Ln 1� - ' N is eD ..� , . IsAZO: k �.I CL At .f ti ai tit 1, aj f �. D o f * t t V , ol 4'Y O. , ;42�6 7r SEE SEC.NO.063 Z- 34 S u ` RD. /�/ tY �. 39.1 v WEST HILL RD. 1`+c1 � 35 R = LiA(c) s �� Town Creek \ v ne 36 F 30 9BM w '. 40 .• Oy p '^v f+ .. 22 23 24 25 �/LC as 3> $ � a® TOWN OF SOU M1 ,ep $ em ♦b % � ue ss x , ti: q m r^ 30 /,yi r 1.4A(e) »P 46.1 34 T6 ♦A e+n" 21 "�• a / J> ,n ,x 1.6A(c) p/ 72.3A(c) O$3 4 n? �.. 9+na"•219 �.zs • CALVES45 NECK 2j1, a .p ^D rmy m1 9L. d , ,>s as i rv ,.rm rr T NOS � � � �. \'I• IJ b nn d 8 w e' .,xs 12 nn x6 � \ 340 2A(c) a bol �. r s ry1, ♦.% 6 36 m j Soo �. •1,)y4,d• \ Is 123 19.12 t9.11 /.2A lc) 1.tA(c) LpA(c) 19.4 i ,w ,n ,. 21.1 r 15 16 17 18 19 1 32A(c) m 12A(c) 12A(c) 1.OA(c) 1.OA(c) - :.sue-„f'' i 2.4 y9 TOWN OF SOUTHOLD 22 a+^x 10 2D 21 16 p +°, 1 20 A° 2p95c) m 9.IA(c) p mop, t4 54.tc 17 y 18.1 µ � 3 A pe+ a94 P() 31? a � a` �. ,. a 1 m m 1S) gY+ 14 g 2 ; a• 2D 4 1 Yi on 2D 2yDOP i m m 2 Ra ne qs dr 1 s �p ol �,� m g § wo 61 'P♦�' 'A 31? y ar 7 i e y. t4 ,w ?q. 8 16 Iw rp 7p?6 'N. •`9 4 g 44 45 3 50 g m' 40 •r 38 1.OAlc t?A(c 1 15 a „,,1aseD.N^5 wv Rm £ .m 2 m x aS� ,/p? O•A , 2 35A g ...� ... 1 ' ... .� ♦ nn c tt 7O- � $ a 4 I TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE December 5, 1960 11� Appeal No. 331 Dated November 16, 1960 Ilnl 1 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD James & Adele Rich To Wells Avenue Appellant Southold. New York at a meeting of the Zoning Board of Appeals on Thurs. , December 1, 1960 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article.,.............. Section ................ Subsection................ paragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7.45 P.M. (E.S.T. ) , upon application of James and Adele Rich, Wells Avenue, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to locate private garage with reduce d setback. Location of property: south side of Wells Avenue, Southold, New York, Lot No. 7 on map of George H. Wells. t x x 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (vZH6R99W) produce undue hardship because this would be the most logical location for the proposed garage since the land dopes away frvdm th Street tow4rd th c;ep� �nd also other peroperties in (b � area ve etd�c � garages oc to surf gar py to th4s garag he ards ip create is i unique and (would not)-be shared by all properties alike in the immediate vicinity of this property and in the some use district because the dwelling is not situated so as to attache the garage to same. (c) The variance (does) (dCIK�effi) observe the spirit of the Ordinance and (OW." (would not) change the character of the district because applicant intends to erect a garage to conform to others in the neighborhood, and therefore, it was further determined that the requested variance (X) be granted( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( X) be reversed. James and Adele Rich are granted permission to locate private garage 42 ft. from front property line of Wells Avenue. Garage to be located no closer than 10 ft. to the west property line. ROVED ZONING BOARD OF APPEALS l i6 dth T. "Boken Chaff man Board of AP"r eats Secretary FOx Zsa \TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATlkugust..24,, 1967 Appeal No. 1135 Dated August 7, 1967 AC77ON OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To George Ahlers a/c George Akscin Appellant Eugene Road Reydon shores Cutchogue, New York Southold, New York at a meeting of the Zoning Board of Appeals on Thursday, ,August 24, 1967 the appeal was considered and the action Indicated below was taken on your f ) Request for variance due W lack of awes&=W property _ ( ) Request for a special exception under the Zoning Ordinance a) Request for a variance W the Zoning Ordinance f ) r 1. SPECIAL EXCEPTION. By resolutlotl of the Board 1t was determined that a special exception ( ) be granted f ) be denied pursuant to Article ............... Section ................ Subsection ..............., paragraph ......... .... of the Zoning Ordinance, and the decision of the Building Inspector ( 7 be reversed ( I. be confirmed because 750 P.M. (E.D.S.T.), Upon application of George Ahlers, Eugene Road, Cutchogue, New York, a/c George Akscin, _Reydon Shores Southold, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 307, for permission to build a new one family dwelling with insufficient side yard area. Location of property: east side Wells Avenue, Southold, New York, bounded north by G.H. Wells Est. , easthy Jockey Creek, southlx George,McFadden, west by Wells Road. t It * x * r 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (IS) (Ls not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE `LA c.ZG ZONINO BOARD OF APPEALS FORM ZB4 f Ll�. i�'. . !i i.i%P Barbara C. Dittma9d. Secretary �JL4 After investigation and inspection the Board finds that the applicant requests permission-to erect a one family dwelling with insufficient side yard area. The applicant requests a reduction in side yard of one foot, six inches. The lot in question has 110 foot frontage on the road, however where the house is to be located the lot is 99.6 feet. The Board finds there is no unique or unusual hardship involved in this application. The Board finds that the proposed house overall is 76 feet in width and would not fit on a 100 foot lot. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created-is not unique and would be shared,by all properties alike in the immediate vicinity of thi6 property and in the same use-district; 'and the variance does observe the spirit of the Ordinance-and willnot change the character of the district. Therefore, it was RESOLVED George Ahlers, Eugene Road, Cutchogde, New York, a/c George AksCin, Reydon,Shores, Southold, New York, be DENIED permission to erect a new one family dwelling with insufficient side yard area on property located on the east side Wells Avenue, Southold, New 'York. � APPEALS BOARD MEMBERS 3�a0f Sol] Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Vincent Orlando H Office Location: James Dinizio,Jr. !' • Town Annex/First Floor,North Fork Bank Michael A. Simon fCQU'M 54375 Main Road(at Youngs Avenue) I11`' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD -t UL�(_J Tel. (631)765.1809•Fax(631)765-9064 JA $ 1 2006 Q FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Cler6 MEETING OF DECEMBER 27, 2005 ZB File 5797—Thomas and Mary Irene Marron Property Location: 3125 Wells Avenue, Southold CTM 70-4-10 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPtION: The applicant's 25,641 square foot parcel has 70 feet along Wells Road and 248.51 feet along the easterly side lot line, and is improved with a single-story frame house with garage and rear deck, as shown on the September 15, 1994 survey, updated September 13, 1995 by Joseph A. Ingegno. BASIS OF APPLICATION: Building Department's September 7, 2005 Notice of Disapproval, citing Sections 100-239.413 and 100-244 in its denial of an application for a building permit to construct proposed additions to the existing dwelling. The reasons stated by the Building Inspector in the denial are: (1) that the distance to the rip rap structure is less than 75 feet, and (2) the proposed additions are less than the code required minimum setbacks of 15 feet on a single side and combined side yards of 35 feet. The setback to the rip-rap (rock revetment) is shown at 46 feet on the site plan (undated SP-1) prepared by Garrett Strang, Architect, with proposed extensions on both sides of the existing 18'x 14'deck (and shown on the survey at 48 feet). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence was 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: AREA VARIANCE RELIEF REQUESTED: The applicant seeks relief for additions shown on the site plan prepared by Garrett Strang, R.A. stamped by the ZBA Oct. 13, 2005, described as follows: (1) add a 46'xl4' unenclosed deck at the southeast corner of the dwelling from the rock revetment, (2) 8.5'xl4' unenclosed deck at 22+-feet from the westerly side line (20'to the proposed minor step area); (3) 1-1/2 story addition 8.4' x 51.1 feet at 15.7 feet from the easterly side line at its closest point; (4) 1-1/2 story 21.7'06' addition on the north side of the dwelling , 15.56 feet from the side line at its closest point; (5) 1-1/2 story 24'x26' new garage/addition on the north side of the dwelling, 10.1 feet from the side line at its closest point. REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is currently nonconforming with 12 ft. westerly side yard and 15.6 Page 2-December 27,2005 ZB File Ref. 5797-T. and M.Marro CTM 70-4-10 easterly side yard, instead of the code required 15 and 20 ft. minimum. The property is narrow at 70 feet in width at the northerly road side of the property. Attaching the garage to the dwelling as an addition will be more favorable than locating it as a separate structure closer to the road, and maintaining the some side setbacks of the dwelling will not be an undesirable change. The proposed additional new deck area behind the home is very large at 14' for the entire length of the home, and a 12' deck as an alternative for the same length will bring the setback into more conformity with the code required setback from the rip-rap under Code 100-239.4B. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance with respect to the additions at the northerly side of the dwelling. 3. The variance granted herein is substantial. The relief requested is a 29%reduction of the code required 35 feet total for combined side yards(15 and 20 ft. on each side). 4. The difficulty was self-created when plans were designed to enlarge the home, add a larger deck, and to build a garage in areas that have been nonconforming for many years. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Chairwoman Oliva, and duly carried, to DENY the requested 14' deck areas at 46 feet from the rip-rap shown on the site plan prepared by Garrett A. Strang, and to GRANT alternative relief for a maximum of 12 feet for proposed decks along the south side of the home (instead of the requested 14 feet), increasing the setback two feet (from 46 feet to 46 feet from the rock revetment),with the Condition that the deck areas shall be open to the sky; and to GRANT a variance with respect to the additions at the north side of the home, as applied for, and shown on the site plan (undated SP-1) prepared by Garrett Strang, R.A. date stamped by the ZBA Oct. 13, 2005. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). LkA Ruth�Oliva, Chairwoman 3o106 Approved for Filing I Office Location: *OF SO(/T�olo Mailing Address: Town Annex/First Floor,Capital One Bank #t 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 • O Southold,NY 1 1 97 1-095 9 0� env f IT10 http://southaidtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION Meeting Held July 21, 2009 ZB File#6280-Luke Licalzi,Applicant Property Location, 2105 Calves Neck Road, Southold CTM#1000-70-04-46.1 Public Hearing Date: May 28, 2009 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 58,518 square foot parcel is located along the east side of Calves Neck Road in Southold and water fronts along eastern property lines on Jockey Creek. The lot is improved with a 1-1/2 story frame house, detached accessory garage, accessory pool structure, accessory in- ground swimming pool, and accessory frame beach structure, all as shown on the September 7, 2000 survey of premises prepared by Nathan Taft Corwin III, L,S., revised February 12, 2009. BASIS OF APPLICATION: Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house)which are not permitted,for the following reasons: 1) Accessory Garage Building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; Page 2—July 21,2009 ZB File#6280-Luke Licalri,Applicant �U CTM#1000-704X-46.1 at 2105 Calves Neck Road,Soutimid c) create a new nonconformance with respect to the proposed height at 25 feet,where 22 feet maximum is the code limitation; 2) Accessory Pool Building: The as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this waterfront parcel. LWRP: TOWN CODE CHAPTER 268: The May 12, 2009 reply letter from Mark Terry and Scott Hilary, LWRP Coordinators, addressing the variance for side yard location nonconformance and setback to the side property line for garage and side yard variance for pool house, recommends the proposed actions are EXEMPT pursuant to Subsection 268-3. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, 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: AREA VARIANCE RELIEF REQUESTED: The applicant requests the following variances: A. To allow the construction of a second-story addition with a proposed height of 25 feet to an accessory non-conforming pre-existing two-car garage with a one-foot side yard setback and location in a side yard,and B. To allow a preexisting, as-built accessory pool structure to be located in a side yard, instead of the code-required rear yard. ADDITIONAL INFORMATION Building Department records show a preexisting certificate of occupancy was issued for the property in 1996 which includes a C.O.for a'BBQ with Shed', and which has been replaced by the "as built' accessory pool structure. There is a prior Appeal ZBA File#5488 which requested a variance for an as-built swimming pool and a variance for an as-built accessory pool structure. Relief was granted only for the as-built swimming pool; under the same application at the request of the applicant, that part of the decision pertaining to the variance for the accessory pool stnucture was omitted. Under ZBA File#5488, the applicant confirmed he wished to pursue the 'accessory poolhouse' application status separately in order to prevent any delay in obtaining a Certificate of Occupancy for the swimming pool, and the record also indicated additional information related to the pool structure was necessary under ZBA File#5488. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Town Law§267-b(,(b) 3)(i_) A. Grant of the variances for a proposed second-story addition to the existing garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The preexisting, Page 3—July 21,2009 ZB Fite#6280-Luke Likela,Applicant IYJ 1 CTM#1000-704446.1 at 2105 Calves Neck Road,Southold accessory nonconforming one-story two-car garage sits only one(1)foot from the side property line. A second- story addition will increase the nonconformance by 100% and be significant to the extent beyond the minimum necessary and beyond what the board will allow, and will create impacts by virtue of its proposed height and proximity to the neighbors. B. Grant of the variance for the as-built nonconforming accessory pool structure to exist in a side yard will not produce an undesirable charge in the character of the neighborhood or a detriment to nearby properties. The front of the property is heavily screened with evergreen trees restricting the visibility of this structure from surrounding properties. 2, Town Law 4267-b(3)(b)(21. A. The benefit sought by the applicant of a second story addition to the garage to be used as an Office/Studio can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has other locations available on his property to construct an Office/Studio that will not require the need for a variance. B.The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance for the location of the as-built accessory pool structure because the structure is as-built and exists in a side yard. 3. Town Law 4267-b(3)(b)(3). A. The variance requested for the second-story garage addition is substantial, resulting in a 100% increase in the side yard nonconformity. B. The variance for a side yard location requested for the as-built Accessory Pool Structure is not substantial because the structure is one-story, 171 square feet and is 20.5 feet from the side property line. The premises had a Certificate of Occupancy under a dtiferent name: "BBQ shed', and this accessory structure continues to exist in the same location and form. 4. Town Law 6267-b(3)(b)(5). A. With respect to the second story garage addition, the difficulty has been self created. The applicant has additional locations on this parcel where a code conforming accessory structure or addition to the house may be constructed without the issuance of an area variance. B.With respect to the as-built Accessory Pool Structure,the difficulty has not been self created because the structure pre-exists in its present location. 5. Town Law 4267-b(3)(b)j41. 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. 6. Town Law 6267-b Page 4—July 21,2009 f l \ ZB File#6280•Luke Licala,Applicant I/1 CTM#1000.70-0446.1 at 2105 Calves Neck Road, Southold A. The Board finds, upon applying the balancing test, that detriment to the character of the neighborhood and the health, safety and welfare of the community in granting the requested relief for the construction of a second story addition to the pre-existing nonconforming garage outweighs the benefit of the applicant. B. The Board finds, upon applying the balancing test, that granting of the relief requested for the side yard variance for the as-built accessory pool structure is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health,9*ty and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Simon, and duly carried, to DENY the variances as applied for concerning the construction of the second-story addition to the non- conforming existina two-car garage, except general repair in place and in kind to this existing structure, and,further to GRANT the variance as applied for, only concerning the location of the preexisting accessory pool structure with toilet, sink and shower,in a side yard subject to the following CONDITIONS: 1.Structure shall not be used for habitation. 2. Structure shall not contain a stove or cooking preparation equipment. That the above condtns be written into the Building Inspector's Certificate of Occupancy, when issued, Any deviation from the variance given such as extensions,or demolitions which am not shown on the applicants diagrams or survey site maps, are not authorized under this application when involving nonconformitles under the zoning code. This action does not audmdze or condone any kxnrent or future use,setback or other feature of the subject property that may vidate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer(C an),Si n,#6s—m—aji,and Sohneider. This Resolution was duly adopted(4-0). G P.GOEHRINGER, CHAT N proved for Filing 7-27-2009 EC IVED 4' 3 ID JUL 2 9 2009 Southold Town Clerk LAW OFFICES / WICKHAM,BRESSLER&GEASA,P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com wbglawyers.com January 8, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application#6417 for Variance— Mladen Bay 475 Hill Road, Southold, NY SCTM#1000-70-4-30 Ladies/Gentlemen: We are the attomeys for Salvatore and Lucille Granfort, who reside at 575 Hill Road, Southold, NY. The Granfort's residence adjoins the Bay residence on the West. The existing Bay setback adjoining Granfort is 32 feet, and the application seeks a variance to allow a 15 to 16 foot setback, "more or less". The Granfort's residence has a 19.6 foot setback adjoining Bay. The Granforts object to the requested variance on the grounds that it is too extreme a reduction in the Code requirement. These properties are located in the attractive Calves Neck neighborhood of Southold, where most properties have spacious lawns and sideyards. The properties along the Creek are somewhat narrower, but the requested 9 foot sideyard reduction would result in a considerable reduction of 26% from the Code requirement. We request that the variance be denied because: 1. It would result in an undesirable change to the neighborhood, and to our clients' property in particular, because the enlarged house would have a combined sideyard 9 feet short of the Code, creating a crowded look in this neighborhood. The applicants' house now has an easterly sideyard 11.5 feet, which is 3.5 shy of the requirement. Access to the water from the street will also be impeded because, on'the East side, applicant has erected a shed which blocks access to the sideyard, and on the West, keeps a very large boat and other vehicles stored in the sideyard between applicant's house and our client's house. With an expanded garage, the large boat, and another smaller boat also kept there, will block access to the rear yard and the waterfront for emergency purposes. 2. The benefit to the applicant may be achieved by another method. Applicant can rent suitable space for his classic car collection, as it cannot be adequately housed on this small residential lot. Many classic car owners rent space for their vehicles. 3. The requested variance is substantial. Applicant seeks a 26% reduction in the Code requirement. Ignoring for the moment the reduced easterly setback, the proposal reduce the required sideyard on the West by 4 to 5 feet. 4. The physical characteristcs of the neighborhod will be adversely affected. There is a vacant lot for sale to the Granfort's West. Any precedent set in this decision will have a direct bearing on the ability to obtain reduced sideyards on that lot. The Granforts are also concerned that building a garage that close to the line will adversely impact, and possibly destroy, the mature evergreen trees which grow along the Granfort's easterly boundary. The construction and excavation will likely impair their root system. Loss of these trees would be a detriment to nearby properties. The aerial view on Google Maps shows all the homes on the north side of Hill Road, opposite the property, have very spacious sideyards. On applicants' side of the street, his house already has the smallest setback separation from the house to the East. Granting this application would duplicate that crowding on our clients' side, and create a"wall of houses"effect rather than the neighborhood norm of relative openness. 5. The difficulty in this case is clearly self created. Applicant maintains seven cars and two boats in his yard. Applicant just wants a larger garage. It is unclear, without further review of the Building Dept. file, whether the applicant converted what appears to be a two car garage on the west side of the house to living area, thereby eliminating his existing garage space. In addition, it is unclear how the proposed garage as configured will house cars, and how the existing garage, if it is still there, will be accessed. Another uncertainty is the exact amount of the variance requested. The sketch shows a proposed setback of 15 to 16 feet more or less. How much more or less? Applicant is an architect, and should be expected to provide the Board with a plan that is more precise. In summary, the need to house a classic car collection is not a sufficient reason to grant a 26 % reduction in side yard in this neighborhood of nice homes and beautiful yards. It will run contrary to the appearance of the neighborhood. Very truly yours, AAW/dn' Abigail A. Wickham ZBA/LtrGranfort Office Location: �OF SOUTjyOIO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • �O Southold,NY 1 1 97 1-0959 ��y00UNT'1,Nc� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 December 10, 2013 Mark Terry, Principal Planner DEC 102013 LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6714 Mladen Bay 1000-70.4-30 Dear Mark: We have received an application for construction of a garage and porch addition. 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 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesli . Wei man Cha r on By: Encls. BOARD MEMBERS a SOOT 4k Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O.Box 1179 �� l0 Eric Dantes Southold,NY 11971-0959 y T Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing :?� 4S 54375 Main Road(at Youngs Avenue) Ken Schneider I�COO N Southold,NY H 971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 9, 2014 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. JANUARY 9, 2014: 1:15 P.M. — MLADEN BAY #6714 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet, located at: 475 Hill Road (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-30 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.TothaTown.Southold.nv.us Dated: December 10, 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 i • � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME :0 MLADEN , BAY # 6714 SCTM # : 1000-70-4-30 '81/ARIANCE : COMBINED SIDE YARD SETBACK REQUEST: CONSTRUCTION OF A GARAGE & PORCH ADDITION DATE : THURS . , JAN . 9 , 2014 1 : 15 PM If you are interested in this project, you may review the file(s) prior to the Baring during normal business days between 8 AM and 3 PM. ZONING 'BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 f i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS (01 SOUTHOLD,NEW YORK rn LAT�" e) AFFIDAVIT OF In the Matter of the Application of MAILINGS M t_A(A�'" Elz;*Y (Name of Applicants) SCTM Parcel# 1000- -To-t} - ?y0 COUNTY OF SUFFOLK STATE OF NEW YORK I, ml'A42Gt`-4 6A,( residing at ZDoT-(4 v_p New York,being duly sworn, deposes and says that: On the Z Z day of PG C.LM13ea 2013, I personally mailed at the United States Post Office in SHO L O �,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surroundin ppliL property. (Signature) Sworn to before me this D(� day of 20 (3 ��, VICW TQTH No�ryp�c����of New York (Notary Public) No.QYf46190896 Quaow in Suffolk County Commission Expires July 28.2 L 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. UCERTIFIED MAILT. RECEIPTrance Coverage Provided) m .. only; t -° . . r m ram• N117 1 co un r 1 S ,n pp N `°°' u-) Postage $ �. - Postage $0. Z/Q( 1 Certified Fee f p ark r9 1//f r9 Certified Fee $3.10 TT p Return Receipt Fes N -t2 ere ri P ark p (Endorsement Required) 9 p Return Raeelpt Fee ��• re p `4 p (Endorsement Required) i, 2• ^ Residctetl Delivery Fee (rh r C3 aJ dY 9a,Q1 p (Endorsement Required) Residctetl Delivery Fee ..0 •=,,•� 1 201 p (Endorsement Required) p Total Postage&Fees $ `0 $ $6.11 12/23/2013 Total Postage&Fees ant eo `' -- - ant o -Q� .! 5�!- x- = ..... ..... p p Street,Mr.No.; ,L 6 ..... ------------------------- r or PO Boz No. �l,O I.._Y [ -L�_"--_--_-------_--_-----_----_--__- p Srreel,Apr. o., /;� �jjy"._jar¢,-�l 4 or PO Box No. v Gx _.......... 1 ------------- ---- ,/ city sere Yam+ PostalCERTIFIED MAIL,, RECEIPT U.S. ,o c ru (Domestic Mail Only;No Insurance Coverage Provided) Coverage Provided) S (Domestic Mail Only;No Insurance M CERTIFIED MAIL RECEIPT tco ` gg r ® g N 1117 A G 1�9 '. U u7 issd� in t~ Postage $ $0.46 ^ LrI Poelage $ $0.46 ra rZI Certified Fee $3.1 0 1+0 r�9 Carolled Fee $3.10 77 Wk O Retum Reoelpt Fee Here y C3 Endorsement Required) $2.55 Z p Return Receipt Fee p ( �, 0 (Entlorserrient Requlrstl) Restricted Delivery Fee V Fee p (Endorsement Requeed) $0.00 p (Eredaoi�tad�DnteRlN�ul,� $0.00 D 0 p Total Postage&Fees $ $6.11 p $ $6.11 i' '1,2 �3/2413 rq ` yL i I, J .�1 �{'' � TGotal Postage 8 Fees ant o Sent TO�-1� ..K--YY p gfreet No. t'-�_.__ (C ........... _�r J p Street..Apt.No.: �,.' or PO Box No. . ✓ p Street,�i pt City Slafe,YX �� i -------- PS Form 3800 August 2006 •e co g• tn ► Ap9ea a 1 USE I MPostage $ $0. Aps CaniFled Fee $ .10 TT Postmark O Ratum Receipt Fee Here C3 (Endorsement Raqulretl) 2.55 Restricted p (Endorsement Required) .00 Fee EC 2 3 2013 .A p Total Postage&Fees $ 1 12/23/2013 - r-1 p sent o �0 ��� T, ri��• p Sheer,A:rqpCNO:i---P- 1 - - (� or PO Box Na._.._.`-D___ a sty.Saim,zo �N©L D•9,Yr l l 7 { i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �01 11( SOUTHOLD,NEW YORK q� 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- 70- y-- 3c2 COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, HL-A 426" n6`( residing at �tT S NlC L CzD �iDc�td�Li7 -,�709c t4o-y New York, being duly sworn, depose and say that: On the Z,"� day of JhN(>p.SU( 201I} , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way (driveway entrance) -facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be JA6. L)Aity 9. Lt- i r?v (Sig e) Sworn to before me this Day of , 201 Ll VICKI iOTH Notary Public o of New York Qua Ni Min Suffolk Cu { \ Commission Expires July 28.1 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 1 �-CTION ON SENDER: COMPLETE THIS SECTION COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A; ❑Agent Item 4 If Restricted Delivery is desired. / ■ Print your name and address on the reverse El Addressee so that we can return the card to you. g C. Date of Delivery e i ■ Attach this card to the back of the maiipiece, j or on the front if space permits. ❑Yes \� . Is d ad d' Item ? = 1. Article Addressed to: If Y S,an delivery address low: ❑ No plZ.�tGcl�t20hy.tD DEr 24 2013 �•©, 1��t3x fo f r �jOv Y�(DVi7� ��{r 11�j1( 3 ❑Regbterep�.,-�R6tLm for ❑Insured Mail__...o_C.6b. £ $ - 4. Restricted Delivery?(Exfre Fee) �. `o ;li` z 2. Article Number 7010 1060 0001 1575 8730 [�❑ ❑ ❑ ❑ (I•iansw from servlc PS Fore 3$11,February 2004 Domestic Return Receipt E S - 0 SEN. COMPLETE SECTION • • • • j UV m ru 1 ■ Complete Items 1,2,and 3.Also complete aa� A SI re a M1 CID item 4 R Restricted Delivery Is desired. X F v a > ■ Print your name and address on the reverse Ln so that we can return the card to you. g C. Da 2 M1 ■ Attach this card to the back of the maiipiece, G a 3 N un or on the front if ce its. c m w c a sPa perm Is address d 1? in ¢ % d3❑❑❑ 1. Article Addressed to: If Y S,enter delivery address halo d X m d e O 1�osE SNar[ DEC 24 2013 0 P©. t3D� ttt3 N 5©JTt f o p t�S`( t 1971 fi o E 12 j A r-a . 0foises Mall f • $ e o E O ❑ _ _. Retum Receipt fof c 8« O ❑ Insured Mail ❑C.O.D. o M1 4. Restricted Delivery?(Extra Fee) 2•m y v LD 2. Article Number 5 a m E m (Bander from servk 7010 1060 0001 1575 8709 t`i :I: (r y 0 PS Form 3811,February 2004 Domestic Return Receipt 1p�q ` , x LT © ' Z 00 iSENDER: COMPLETE , COMPLETE THIS SECTION ON DEL lv�RY o d < O� Q 4 I A. Q `o �e � f ■ Complete hems 1,2,and 3.Also complete �n Rem 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse - so that we can return the card to you. by ) . Date of Deli1 ■ Attach this card to the back of the mailplace, ^ 201 I' or on the front if space permits. D. Is delivery address dHferent from 1? 1. Article Addressed to: if YES,enter delivery address be w: ❑ No ,-�?ov°rHVIW7 7'A/N t4AL), lisps 5"15; t-(A AL I fj P, )70, gwX /( 7 3. service Type �jd 01_v) N tf9` 11.171 lg` + J 11 PWess Mail 0 Registered ❑Ratum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fea) ❑Yes 2. Article Number (rrrsrrslerfmmservk-" .. 7010 1060 0001 1575 8747 Ps Form 3811,Fe um eceipt 1 #1540 �t �v 't° Sf\ k #11503 STATE OF NEW YORK) 1�� (�r y ryry ryyy q ) 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 2nd day of January, 2014. Principal Clerk Sworn to before me this (t7 day of 2014. LEGAL 10,10 A.M. - ROBERT WALS14 SOUT11OW10" #it67088-RequestforVariaacesfromArn- ZONING BOARD b#APPEALS cle X Section 280-46 and Article III Sec- THURSDAYJAN.UAWY4,21144 tion 280-15 and the Budding Inspector's PUBLIC HEARINGS October 15,2013,amended October 22, NOTICE IS'HBRBB7'GIVEN,par. 2013 Notice of Disapproval based on an 1 suent to Section 267 of the Town Law and application for building permit for addi- of So Code line 280 Lions and alterations to accessory. singlee, n Chapter (Zoning).Town Southmd,the followiog,Imbiic•hpatioga family dwelling and an accessory garage, will be held.by the SOUTHOLD TOWN at;1)less than the code required minl- ZONRO'OBOARD OF APPF.AIS d the mum front yard setback of 15'feet for Town HA$3095 Jivfait,Road P.O.sHox dwelling additions,2) accessory garage CHRISTINA VOLINSKI 1179,Southold,New Yak i19,L'-0 9,on proposed in a location other'thau the NOTARY PUBLIC-STATE OF NEW YORK 1AIJRSDAYAW jW 9 201,L code required rear yard,located it:780 No. 01 V0610605() 9:30 A.M. ..WILLEM-KOOYKER King Street(corner Second Street)New and AMrM-.ANN. CORRENTE Suffolk,NY.SCIM#1000-117-8-11 9uoliflecl In Suffolk County #6716-Request for Variance from At- 1030 A M - BETTY 12EROSKY My commission Expires Februory 28, 2016 tick XXII Section 280-116A(1)and the RF Vnf`ABLE TRUST#6707-This is Building Inspector's December 5,2013 a request for a Waiver of Merger under GPM-MLADEN BAY#6714-Re- Notice of Disapproval based on an ap- Article II,Section 280-10A,to unmerge quest forYariante fromAricle XXIB Sec, Filtration.for building permit for partial land identified as SCIM #1000-136:1- 11:30 A.M.-CAROLYN R.AMEEN lion 280-I24 and the Building Inspector's demoBtion and additions and alterations 24.1,based on.the Building Inspector's November 25,2013 Notice of Disapproval • October 30,2013 Notice of Disapproval, g4211. Retpmst far Vananee from Ar- to existing single family dwelling,at;1) title 7Offi SeGY1an 2tD-116B and the �d on an application for building permit less than the code required setback of which states adjoining conforlmng o B 8 Octotrai 10,2013 for consuucttonofagazageandporch addi- IM feet from the top of bluff,located nonconforming lots,held.9k.coaamon No��of Drla sa toroval based'iiu -a tion,at;1)less than the code required win- at:7832 Glaypoint Road (adj..to Fish- ownership shall mei'g'c'anift the'totat pp l> bind side yard setback of 35 feet,lasted eti )Island Sound Fiishers Island, NY. lot size conforms to the current bulk pliration for building permit.for addi- at:475 Hill Road (adj.to Jockey Creek) SCIM#1000-3-1-5 04 schedule (mmimura,A0 .sgIWe;feet tions and alterations to existing single S6udmId,NYSCIM#1000.704-30 41`M. -'RIC14ARP and LOR- in this 40 Residenttaf.Zitatt^'L?,istrict) family dwelling,at;l)less thin the code - The Board of Appeals will hear all for [his lot is met ed glthlots'I110b 13b:1- required bulkhead setback of-75 feet, ' AAMEAtV$ noes ffromEArticle2XXII4Se lion 21&22,located at:275 Oak Street�,2835 located at.755 Lupton Point Road(adj. persons of be heard rat each hearing,and/or 28 IIW Ankle =1I Section 280- & 2855 Harbor Lane{enichogn6',NY. to Deep Hole Creek) Mattituck, NY. SCIMV0000-136:1-24.1,21&22 SCFM#1000-115-114.1 desiring to submit written statements 124 and.she Ruttdipg Inspector's last 11:50 A.M. -STEVEN.and SUSAN before the conclusion of each hearing. ]0.50 A.M. - WALTER MURPHY Ppdated December 2013 Notice of (ESTATE OF)#6713-This u a request BLOOM#6709-Request for Variance Each hearing will not start earlier than .II ro'val.6ase<t an application for from Article III Section 280-15 and the designated above.Files are available for « for a Waiver of Merger under Article It, review during regular business hours 9 Permit for at buih"deck addi- Section 280-10A,to unmerge land identi- Building Inspector's November 15,2013 and riot to the day r business hesrihours tion and ia-gfouud swimming pool,at; fled as SCIM#1000.110.3-10;liased on j Notice.of 7isapproval based on an ap- P ng.If 1)less than the code required bulkhead the Building Inspector's November 25, ( plication for budding permit for an ac- you office have 631ti765-1809seo'obtaemo�ur setback r 75 feed se less than the ode 2013 Notice of Disapproval,which states ! ces�ry in-ground swimming pool,at;1) Vicki.Toth@Town.Southold.ny.us required rear Yard setback of 50 feet;3) adjoining conforming or nonconform- proposed.location other than the code Dated:December 10,2,013 less than the minimum code required ing lots held in common ownership shall '>,required rear yard,located at:78M Pe- side yard setback of 15 feet,located at: merge until the total lot size conforms '.. come Bap Blvd.,(adj.to Great Peconic LESLIE KANES WEISMAN,CHAIR- Lan28M Ole Jule Lane (comer Channel to the current bulk schedule(minimum Bay)Laatr 1,NY.SCIM#1000-126-11-15 PERSON Lane)(adj.to dredged canal)Mattituck, 40,000 square feet in this R-40 Residen- BY:Vicki Toth NY.SCIM#Y000.122-415&16 tial Zone District)this lot is merged with 54375 Main Road(Office Location) lot 1000-110:3-11, located at: 750 and 53095 Main Road(Mailing/USPS) 830 Eastwood Drive Cutchogue, NY. P.O.Box 1179 SCIM#'sl000-1I0:3-10&11 Southold,NY 11971-0959 L1 5M IT 1l2 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: httn://southtown.northfork.net December 9, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, January 9, 2014 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 December 23rd: 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 December 30th: 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 January 2nd: 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 January 7, 2014. 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. Office Location: hod*r3F SO(/j�olo Mailing Address: Town Annex/First Floor,Capital One Bank # 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 o�yCOulm,N http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 December 10, 2013 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6714 Owner/Applicant : Mladen Bay Action Requested: Construction or a garage and porch addition. 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, Lesli K. is an ZBA a' per n By: Encls. Office Location: QF SO�jyolo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 G� • O Southold,NY 11971-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 January 24, 2014 Mladen Bay 475 Hill Road Southold,NY 11971 RE: ZBA Application#6714 Dear Mr. Bay: Transmitted for your records is a copy of the Board's January 23, 2014 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. ISinnccerely, V Vicki Toth Encl. Cc: Building Dept. � x WEST HSI. PD. er1 a5 F �B 1tNcl i \ TOxT (A99a II ]a r 25 a tdLL �1 B y 47. _I x 0 `O -`• ! S B h Ro. � 4 ^+ To O SOUTH s 'i 3o t.Wq est 34 13 b to \ tNyd 1 �) 'K� w I t In ,apt0 �_ IPMt OFBW>HOID � + 19 10 9t +B p +0- t0 �Kq w W.x 9.>H4 mot..--._ t9� • w � 1° ��' �.. w9//... µ, 1► Vi a � ,1 /, Q . 99a IYH y� 3_ ., � .m • Pi iQ Sapp_ nn . 1+ b - ]1 9 is P ,r 9e1 t9 ,P> 12. �w tar lY Y a F � / 1� �.✓lt/I �JS� ' 4 `• m+g 6f y, 19 IT ^ + av �J ar t,2s Tfis .z �0 - 3 IowrJ F f'�� - � j � E�p�H�. ) ✓ �. Im♦ " iorw.a,+ m • f 2r yaz 04 t 90., tsz sou e„ r Pam) NOTICE COUNTY OF SUFFOLK © e """°` am Real Properly Tax Service Agency r