Loading...
HomeMy WebLinkAbout6723 o,CS~~, Hu~~~~-d 5~92ftf~ /0 9 CFr1cOS L) Lo~a3 Tajo "/Z) R», ;vim C A2~GE MFG 2 ~ u pa) comp-67,2/6+c7 ~ oPos CDI~o UGlll~C~ ?jCc-L1_jooo% lv/II QC t4el I R- 66G a60o-/~ #)-yYOV-64 BOARD MEMBERS apF SOSouthold Town Hall Leslie Kanes Weisman, Chairperson QUO 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes #t # Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing ~cQ 54375 Main Road (at Youngs Avenue) Kenneth Schneider ~yCow, Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 4,;t _~,w -3: 1 TOWN OFSOUTHOLD F E B 2 5 2014 Tel. (631) 765-1809 • Fax (631) 765-9064 Q thold Clerk So 5FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2014 ZBA FILE: 6723 NAME OF APPLICANT: Andrew and Sarah Olsen PROPERTY LOCATION: 375 Fairway Drive, Cutchogue, NY CTM 1000-109-5-14.34 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicants' property is a 41,538 sq. ft. triangular-shaped parcel in the R-40 zone. The northerly and westerly lot lines abut Fairway Drive. The easterly and southerly lot lines abut other residential parcels. The property is improved with a single family dwelling, and an in-ground swimming pool, as shown, with proposed new construction, on the survey drawn by Kenneth M. Woychuk, Licensed Surveyor, dated May 23, 2012. BASIS OF APPLICATION: Request for Variance Article III Section 280-15 and the Building Inspector's January 7, 2014, Notice of Disapproval based on an application for building permit for two story addition to existing single family dwelling, at; 1) upon completion of construction existing in-ground swimming pool will be located in the side yard. RELIEF REQUESTED: The applicants request a variance to locate an existing, conforming swimming pool partly within a newly created nonconforming, side yard area. As a consequence of the proposed construction of a two story addition on the single family dwelling, this new construction will cause the swimming pool to then be partially located within a side yard area, instead of being completely located in the Code required rear yard where it has existed since 2001, and where it still currently exists before proposed new construction reduces the rear yard area. ADDITIONAL INFORMATION: The applicants stated at the hearing that it would be impractical, and quite costly to relocate and/or re-build the existing pool in another rear yard area. The Fairway Farms Association approved the applicant's proposed plans. Page 2 of 3 February 20, 2014 ZBA#6723 - Olsen SCTM# 1000-109-5-14.34 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 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 4267-15(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 pool will remain exactly where it has been located for more than 10 years and in-ground swimming pools are characteristic in this neighborhood. The proposed new additions/alterations to the dwelling will have conforming setbacks, and will not exceed Code allowed lot coverage. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing swimming pool was built in 2001, by a previous owner, and has a valid CO. It would produce an unnecessary hardship for the applicants to require them to remove the existing swimming pool, and/or relocate it in a new rear yard area. Because new construction will situate the pool partly in a nonconforming area, the grant of a variance is necessary. 3. Town Law 6267-b(3)(b)(31 The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the swimming pool was built with a valid building permit, has a valid CO, and has existed in the same location since 2001. The proposed new addition to the single-family dwelling will cause the pool to become only partly located in a side yard, and not totally within a rear yard where it has always existed. 4. Town Law 6267-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 with the conditions cited herein this decision. 5. Town Law 6267-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 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions, including an attached garage, and an existing swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Dames, and duly carried, to GRANT the variance as applied for, and shown on the survey drawn by Kenneth M. Woychuk, Licensed Surveyor, dated May 23, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application 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. Page 3 of 3 February 20, 2014 ZBAN6723 - Olsen SCTMW 1000-109-5-14.34 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 i I \ Leslie Kanes Weisman, Chairperson Approved for filing d /4S- /2014 Ada S.C.T.M. NO. DISTRICT: 1000 SECTION: 109 BLOCK: 5 LOT(S): 14.34 FINAL MAP REVIEWED BY ZBA SEE DECISION # bla3 DATED 0,0 /,hl 129 98 MON. 1 Bro oo eWE ~ vP^"`' y jj~~11 to tlg,ly~ ly ~4+p0'2~W.M~ U) ~ IT vv o MON. CA t0 l O LAND N/F `~O O OOF K TIMBRO ~j UNDERGROUND ~y UTILITIES v~• ~ LOT 34 EXISIM GARAGE PORTION OF EXISTING TO BE CONVERTED TV CURB To BE REMOVED 4. LIVING SPACE I DRY 1 ~-J `a ' ~ hb 60 ~j y JVELV 8. DEEP <1 PORCH I MON. 1 ~a ~ c,. < 11 1 I M11A fE \ 59.3' +x• I 7 r gt'Ith ~ I r t M1ye zR" ti~> ` r M1 yu 16.1' LAND N/1- OF L.P. GAS (TO BE RELOCATED) \tELU- q/ 1 _ A ~Z ~.1CY ((~j. B'DIAxB'DEEP 7~ ^ o'er W Xc% Mi 67.3' bg PAN 02014 ~ + a c d X is o N cn N UTILITIY 2 1. BOX 1.5'N N 88°59'20" W 253.38' LOT COVERAGE CALCULA31ONS LOT 33 DRAINAGE C.;LCULAMN`?: EXISTING FOOTPRINT W/COVERED FRONT PORCH 3,034 S.F. or 7.39. PROPOSED OVERALL FOOTPRINT = 4,173 S.F. EXISTING ASPHALT DRIVEWAY & SLATE WALK: 3,220 S.F. or 7.89. 4,173 x 0.166=692.72 < 693cf REQUIRED EXISTING SWIMMING POOL & PATIO: 1,785 S.F.or 4.3% (2) 8'DIA x 8' DEEP DRYWELL=706cf PROVIDED PROPOSED 2 STY FIRM. GARAGE & MUD ROOM 1,139 S.F. or 2.79. B) DRIVEWAY=3,050 SOFT. & COVERED ENTRY. 3,050 x 0.166=506.30 < 507cf REQUIRED (1) 8'DIA x 12' DEEP DRYWELL= 5300 PROVIDED PROPOSED TOTAL COVERAGE: EXISTING STORM DRAIN CAPACITY TO BE VERIFIED IN FIELD. DWELLING. 2STY GARAGE & PORCHES: 4,173 S.F. or 10.0% DRIVEWAY, WALK, POOL & PATIO : 5,005 S.F. or 12.0% ZONED R-40 22% COVERAGE AREA: 41,538.8 S.F. OR 0.95 ACRES ELEVATION DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK ST,4 TE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 34 CERTIFIED 'i0: ANDREW F. OLSEN; MAP OF: FAIRWAY FARMS SARAH G. OLSEN; FILED: FEBUARY 15, 1974 AS #6066 FIDELITY NATIONAL TITLE INSURANCE COMPANY; SITUATED AT: CUTCHOGUE MORTGAGE MASTER, INC.; TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design IFri P.O. Box 3, Mattituck, New York 11952 FILE MAY 23, 2012 PHONE (691) 296-1588 FAX (681) 298-1508 12-65 SCALE: 1"=3D' DATE: N. Y. S. LIC NO. 50227 maintaining the records of Robert J. Hennessy i FORM NO. 3 NOTICE OF DISAPPROVAL/ DATE: January 7, 20(104 TO:A&SOlsen 375 Fairway Drive Cutchogue, NY 11935 JAN 10 2014 Please take notice that your application dated December 19, 2013: For permit for a two story addition (ggarage/rec room) at: Location of property: 375 Fairway Dr., Cutchogue, NY County Tax Map No. 1000 - Section 109 Block 5 Lot 14.34 Is returned herewith and disapproved on the following grounds: The proposed addition is not permitted pursuant to Article III, Section 280-15, accessory buildings and structures; shall be located in the required rear yard Upon completion of the proposed construction the survey indicates the accessory swim pool will be located in the side yard. Authorized ignature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 4 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 3-I Street rR,(w4!1 Qf ~c Hamlet (yTC 6yr- SCTM 1000 Section1Qj_Block 5 Lot(s) y 3 y Lot Size ASS ZoneR' 0 I (WE) AP?EjkL THE WRITTEN DETERMINATION OF THE BUILDING INSP CTOR DATED I ly BASED ON SURVEY/SITE PLAN DATED I Z I Z. 13 Applicant(s)/Owner(s):_ ~wDgr~ t' S&rA~l 0 Is 110 Mailing Address: 31S ~/}rve~ WtT~+Su~l 13s Telephone: 0-134-4115 Fax: Email: QO~Se/e ll~e5f(~iE1).CcM4 del` Yty-SIR. (fesT # U v51= Sols e I ~+ES(F~;~w. 6v-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: Ple a check to spectfy who you wish correspondence to be mailed to, from the above names: (4 Applicant/Owner(s), O Authorized Representative, O Other Name/ Address below: WHEREBYTHE BUILDING INSPECTOR REVIEWED SURVEY/SITE P DATED I 13 and DENIED AN APPLICATION DATED i 7-111113 FOR: ( Building Permit ( ) Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: 1II Section: 28o Subsection: IS Type of A peal. An Appeal is made for: ( A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Otller A prior appeal ( ) has, ( has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Nameof Owner: 0 (k'j ZBA File# JAN 1 0 2014 ~"11Q;LW~ S)a. fr( REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, be ca e: 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: 3. The amount of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? { } No {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. A I Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo before me this day of C^/Y1 20 Notary Public Notary PuJ~~c of Now York No. 0J~96 C lifted in Suffolk Cou ua 2l1 Commission Expires July 28, Andrew and Sarah Olsen JAN' I 0 2014 375 Fairway Drive, Cutchogue REASONS FOR APPEAL: 1) Fairway Farms has a strict set of guidelines outlined in Covenants and Restrictions. We received written approval from the Fairway Farms board of directors that our plan and design meets the association's guidelines. The Covenants and Restrictions are designed to preserve the character of the homes in Fairway Farms and require an attached garage. This renovation will increase the value of the surrounding homes with our investment. 2) Practical Challenges with our lot and house: - Our property has two front yards because of Fairway Drive. - Our house was situated at an angle that makes it aesthetically pleasing as people enter Fairway Farms, but makes adding a garage space challenging because of the angle to the property line. - Our house was built on a slab, so there is no basement. We will convert the current garage to a family room. A mudroom and office will connect the new garage with the new family room. From a practical standpoint with children, not having a basement is difficult for both livable space and storage. - Our pre-existing swimming pool is currently classified as in our backyard. A portion of the pool will be reclassified as in our side yard because of the odd shape of our lot. - The new space is specifically designed to be functional for our family and consistent with the architectural style of Fairway Farms. - As a volunteer firefighter with the Cutchogue Fire Department, this design will allow me to keep a car in our garage free of ice and snow to respond to fire/rescue calls during the winter months. 3) The issue is the categorization of the location of our pre-existing swimming pool. Only a portion of the pool will be categorized as in a side yard after the new garage because of the unique shape of our lot. We are not moving the location of the pool. The existing pool has a certificate of • • occupancy number Z-27965. 4) All storm water runoff will be retained on-site; there are no physical or environmental impacts from this project. 5) Due to the reasons outlined above and the unique shape of our lot. JAN 10 2014 I • APPLICANT'S PROJECT DESCIOION APPLICANT: OD-tied 4- SArM~ 015(O DATE PREPARED: 11-111-t 1. For Demolition of Existing Building Areas ~~p ~a Please describe areas being removed: H IA N erl nikh e I'( q ~ H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 28' 1" x Y Y " - Dimensions of new second floor: X yY'-!o Dimensions of floor above second level: N h Height (from finished ground to top of ridge): 21'- S" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NJk III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: S C ~7T~ f / Number of Floors and General Characteristics BEFORE Alterations: C K Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3t O~ Proposed increase of building coverage: 1139 Square footage of your lot: 00 Percentage of coverage of your lot by building area: Ivy V. Purpose of New Construction: VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/20 12 0 0 ~/a l Andrew and Sarah Olsen JAN 1 0 ?014 375 Fairway Drive, Cutchogue APPLICANT'S PROJECT DESCRIPTION: III. BEFORE Alterations: Ranch home with attached garage on a slab, no basement. WITH Alterations: Ranch home with pre-existing garage converted to a family room maximizing natural light and southern exposure. New attached garage will be connected by mudroom and office, upstairs rec room above the new garage for our children, since we don't have a basement. V. Purpose of New Construction: To create a new family room in the pre- existing garage and attach mudroom/office which adjoin the new garage. Above the new garage will be a rec room since we do not have a basement. VI. Our lot is flat, but has a very unique shape with a curved front yard along Fairway Drive which creates two front yards and our swimming pool in the backyard. The house was situated at an angle on the lot, which makes it visually appealing as people enter Fairway Farms. Given layout of our home and the practical needs of our family, building a new attached garage was the best approach. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? JAN 10 ?014 Yes ? No B. Are there any proposals to change or alter land contours? - J No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? N o 2.) Are those areas shown on the survey submitted with this application? N 3.) Is the property bulk header} between the wetlands area and the upland buildit g area? N 114 4.) If your property contains wetlands or pond areas, have y u contacted the Office of the Town trustees for its determination of jurisdiction? h Please confirm status of your inquiry or application with the Trustees: R- and if issued, please attach copies of permit with conditions at d 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? rf'q E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? rlo Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey. p 1. Please list present use or operations conducted at this parcel ex"STi ~ 5.-,k -1, A"e pp and the proposed use 5Mv i4h 'grd s.jj row,; pv fad's OF7;rf r rW M . (ex: existing single family, proposed: same with garage, pool or other) L- l -I 1`I Authorized signature Ana Date it II AGRICULTURAL DATA STATEMENT JAN 10 2014 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 improperly 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 139n of the General Municipal Law. 1. Name of Applicant: Arl Dn ew 4- S~r4k ©I S EN 2. Address of Applicant: 3'15 ftr:rwlM1 VAW ot,tie~. Cyic(,t y11 1135 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed pi~ pp Project: lit W VH4)c Iti d4TM . 6. Location of Property: (road ltd Tax map number) 315 ~wrv vi,ud (~Tc4o ~e 7. Is the parcel within 500 Met of a farm operation? { } Yes { No ,;y8. Is this parcel actively farmed? { } Yes f of 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) 4 L,,-, 1 -1 i_IV Signa a 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 pan 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. it 617.20 Appendix B Short Environmental Assessment Form AN N 10 2014 Instructions for Comoletint= 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 1 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 Name of Action or Project: ~gra r ll~d~'w~ Project location (describe, and attach a location map): 315' f44 CIIJ C(0 J f Brief Description of roposed Acti n: QI t~ 6AY*'Itt /°tfdt~ vet vW~ tNUOro~ct, lJ Name of Applicant or Sponsor: Telephone: 014 (31-73Y-9715, NO,ge l + (*fk D~ E-Mail: halsedC TixE5adov,65-t Address: $olsq, a rl ~[$frVluJ. 4k- 31~ rtr;rw~ Dl~UE cityState: Zip Code: CUTCho ,JE I N 11135 Iv 11935 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 may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? . 9S5 acres b. Total acreage to be physically disturbed? o 2L acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor9 j SS acres 4. Check all land uses that occur on, adjoining and near the proposed action. / 11 Urban ? Rural (non-agriculture) ? Industrial ? Commercial [/Residential (suburban) ? Forest o Agriculture ? Aquatic ? Other (specify): ? Parkland Page I of 4 5. Is the proposed action, JAN NO YE N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural 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: V 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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? b. Is the proposed action located in an archeological sensitive area? 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? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 1 . 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ? Shoreline ? Forest ? Agricultural/grasslands ? Early mid-successional ? Wetland ? Urban iSuburban 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 71- - 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 b. Will storm water discharges be directed to established conveyance systems (runoff anstonn drains)? If Yes, briefly describe: ? NO YES ~,.in;~wleo 5atu Page 2 of 4 18. Does the proposed action include construction or =414 tat result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: V 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 / Applicant/sponsor name: u OA.. / + aM Mew cN Date: 1 I 1 ~j 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?" . y. 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 I i 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? 11. 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-tens, long-term and cumulative impacts. V JAN 10 2014 ? 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. ? 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 Flo ~ APPLICANT/OWNER JAN 10 2014 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 11 YOUR NAME : (JI S~fI P*0" F. own l SMAN (Las[ name, tint ame, 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) 79k ad;;Z``, 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. IV/ 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 _-7 day1 of S/At`I , 20_lt4_ Signature Y/l//~1~1 ? 1 Print Name 4ftt Ol Sed Town of Southold LWRP CONSISTENCY ASSESSMENT FORM AN 2 0 ?014 A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the 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# X09 - S - /Y.3y The Application has been submitted to (check appropriate respons Town Board © Planning Dept. 0 Building Dept. Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 6,as,, NAP, Location of action: 3~5 h~wy j 6,\)e , ('TL 'G Site acreage: )AN 10 2014 Present land use: f 6" Rte' Present zoning classification: R- yo 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: ~t"n1 t 4),~44~ ~5,t d (b) Mailing address: 315 '`V"-WLA) Q^iJf CjAV ve 1y°1~5 (c) Telephone number: Area Code( (nil ~3N "6115 (d) Application number, if any: Will the actio7" bed* ctly undertaken, require funding, or approval by a state or federal agency? Yes El No If yes, which state or federal agency? X DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ? Yes ? No ? (Not Applicable - 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 El (Not Applicable - please explain) FAIRWAY FARMS ASSOCIATION.INC P.O. Box 351 JAN 10 2014 Cutchogue, New York 11935 September 26, 2013 Andrew and Sarah Olsen 375 Fairway Drive Cutchogue, NY 11935 Dear Sarah and Andrew, The board of the Fairway Farms Association reviewed the amended proposal and plans describing your request for a side set-back variance from 30ft to 15ft on the Cases Lane adjacency. (Proposal/project description from Andrew and Sarah Olsen dated Sept 17, 2013 2013; drawings client review 2013.08.19) The board determined that: - the construction and finishes were in keeping with the existing house and neighborhood architecture and finishes - the side set back variance request adjacency is to property(s) on Cases Lane which is not in Fairway Farms and therefore only subject to town requirements. On behalf of the board I am pleased to let you know that your side set-back variance request to the Fairway Farms Association C and Rs for 15ft on the Cases Lane adjacency has been approved. We wish you good luck with your project. Yours sincerely, kh~ Y U Helen F B Corso President AMENDED DECLARATION OF COVENANTS AND RESTRIC'i J&h 0 2014 FAIRWAY FARMS CUTCHOGUE. NEW YORK DECLARATION, made thi4edday of October, 2011, by FAIRWAY FARMS ASSOCIATION, INC. (hereinafter the "Declarant"), a New York not for profit corporation with offices at 3050 Fairway Drive, Cutchogue, New York 11935, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at Fairway Farms, Cutchogue, Town of Southold, County of Suffolk and State of New York, and is the property owner's association which owns the common areas of the subdivision known as "Fairway Farms" filed in the Suffolk County Clerk's Office on February 15, 1974 as Map No. 6066, which subdivision includes Lots I - 34 on said Map, the entire subdivision being more fully described on Schedule "A" attached hereto; and WHEREAS, The Declarant's members have voted, by a majority vote of the lot owners, to amend the aforesaid Declaration in its entirety as set forth herein and have consented to such amendment of the Declaration; and WHEREAS, the Declaration of Covenants and Restrictions dated 1974 and recorded in the Suffolk County Clerk's Office on February 22, 1974 in Liber 7593 at Page 34, as amended by Extension and Amendments dated December 23, 1983 and recorded in Liber 9485 at Page 220, is hereby amended, superseded and replaced by this Amended Declaration of Covenants and Restrictions. THEREFORE, for good and valuable consideration: The Declarant declares that the Property shall be held and conveyed subject to the following covenants and restrictions, which supersede and replace the aforesaid Covenants and Restrictions as previously extended and amended, which Covenants and Restrictions herein shall run with the land until January 1, 2017 after which time they shall automatically be extended for successive five (5) year periods, unless an instrument approved by the then owners of a majority of all the lots agreeing to change same shall have been recorded, except the provisions of Paragraph 12 (e) relating the Surface Water Drainage System shall continue in perpetuity: 1. Construction Requirements. (a) Tvoeofbuilding No building shall be erected, altered, placed or permitted to remain other than those in accordance with all local state and federal authorities having jurisdiction. Furthermore, all buildings shall have a minimum of one car attached garage and a maximum of three car attached garage. There shall be no prefabricated homes erected. 1 ' (b) Accessory structure: •~a3 No accessory structure shall be erected, altered, placed or permitted to remain other than those in accordance with all local state and federal authorities having jurisdiction. Furthermore, accessory structures will be limited to the following use type: jAN 10 2014 1. Gazebo 2. Utility shed 3. Swimming pool with 30 foot minimum side yard setbacks , 4. Pool Cabana type structure, some portion of which shall comprise code required pool enclosure All aforementioned accessory structures shall be pre-approved by the executive board of the Declarant. (c) Swimming pool Private swimming pools may be constructed on any lot provided they are situate in the rear yard only and provided further that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. (d) Dwelling square footage requirements No dwelling shall be permitted on any lot unless the ground floor area of the main structure, exclusive of one-story open porches and garages, shall be less than 1,650 square feet. If the living area is on more than one floor the total living area shall not be less than 1,950 square feet. (e) Setbacks No part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy (70) feet of the front street line of the lot nor within thirty (30) feet of any side line of the lot, nor within forty (40) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only; provided, however, that the width of the side yard abutting on the street other than that upon which the lot fronts shall not be less than fifty (50) feet. (f) Approval of construction plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by the Declarant, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based on the judgment of the Declarant as to whether the proposed structure will be consistent with, and will not detract from the aesthetic character of the FAIRWAY FARMS community. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. 2 JAN € 0 ?014 (g) Building modifications All permitted accessory buildings and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other structure connecting an addition to the main dwelling, shall conform in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling shall riot project more than five (5) feet beyond to the front wall of the dwelling or structure as originally approved. 2. Restriction on division and use of lots No lot shall be divided and conveyed as two or more separate parcels, nor shall more than one dwelling house be located on any lot. 3. Residential use of lots No lot shall be used except for residential purposes. 4. Sims No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, without the written consent of the Declarant, its successors or assigns. 5. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that of dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. I 6. Trailers, tents and shacks No trailer, tent or other structure shall be located, erected or used on any lot temporarily or permanently, except party tents may be erected temporarily for up to ninety-six (96) hours. 7. Annoying activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Owners are responsible for insuring compliance by their tenants and occupants with this Declaration. Residents shall quiet their pets from excessive barking or other noise generation. Residents shall avoid non-emergency use of motorized lawn and landscaping equipment prior to 8 A.M. Monday through Saturday and prior to 9 A.M. on Sunday. 7(a) Lawn areas and shrubbery shall be kept reasonably trimmed and free of debris, and the exterior of the buildings shall be kept in good condition, including without limitation replacement of broken windows, exterior siding and trim, and repairing excessively peeling paint. Owners of vacant lots are to be responsible for the mowing of their acreage. 3 L.apAU vne vntme tsanxrng I rayment xnectutea JAN 10 2014 Page 2of2 c~ Trash N°aro°P eaHameum°ed5°nee°°°bkutlr°°rvkes°enOgftCap" Qie~ y MEMRi;RFDIC &Q.WWW. iN' AD CWft Ona BUW(I )•NA.ene CWMl e. NA.mwfts I= CaaullY rcaMeO~eanenlforNbnratlmeDweey WIOne ow Garbage or mbbish*Ml not be dumped or alllowe t°~"o rem'~'at°n on any lot, or on tkte Ekla common are theme ociation. All garbage to be collected must be contained in ~eounZ . . - - %q ei er garaged from view by low decorative fencing and shrubbery, and placed inconspicuoe the dwelling on day of collection. Trash or rubbish shall not be burned upon the preiitises. Commercial dumpsters shall not be permitted except temporarily during active construction periods. 9. Clotheslines Clotheslines and laundry poles must be located in the rear yard to the main structure. They should be placed and screened so as not to be visible from the street upon which the premises front or from other adjoining property. Structures for this purpose are to be approved by the FAIRWAY FARMS Architectural Committee. These fences may exceed four (4) feet. 10. Fences Fabricated fences shall not exceed four (4) feet in height. 11. Boats and boat trailers No boat or boat trailer shall be placed on any lot unless in a garage or authorized building, or unless said boat and/or trailer is located in the rear yard, adjacent to the main structure so placed and screened as to be inconspicuous from the street upon which the premises front or from adjoining FAIRWAY FARMS property. Screening fences and accessory buildings are to be approved by the FAIRWAY FARMS Architectural Committee. In no case may a boat trailer combination exceeding twenty one (21) feet in length be stored on FAIRWAY FARMS ASSOCIATION, INC. properties. A designated spot in the recreation area will be reserved for storage of boats of fifteen (15) feet or less, it being understood that FAIRWAY FARMS ASSOCIATION, INC. assumes no responsibility for boats or trailers so stored. 12. Road and park facilities (a) Road Improvements The Town of Southold owns and maintains the roads in Fairway Farms. (b) Park area The Declarant owns a park area for the use of the owners of lots and their guests:'anr t „ rq. T i'_ invitees, as shown on the subdivision map. No one shall commit any waste on sa!c'gR w parklands, including but not limited to the cutting of trees. N rt3ja v k: p 4 y 4 r` .c ;fit..: 8l2013 ' ' thnebanking.capiudone.com/CapitalOneBil]Pay/ScheduleSinglePayments.aspx 4/ JAN` (c) Road easement, use of nark ALL owners of lots, their guests and invitees, have an easement for the purpose of ingress and egress in common with others, at their own risk, over the roads of FAIRWAY FARMS, shown on said map. All owners of lots have been granted the right to use (pursuant to reasonable regulations from time to time promulgated by the Declarant, in common with others, at their own risk), the park area. (d) Upkeep of roads and nark area After the installations provided for in Paragraphs (2) and (b) above, each lot owner shall be responsible for one-thirty-fourth (1/34) of the real estate taxes attributable to the park area. All decisions as to the snowplowing, upkeep, and maintenance of the park area, including decisions as to the extent and cost of any repairs therefore, shall be in the exclusive discretion of the Declarant, or its successors and assigns. (e) Surface water drains a system FAIRWAY FARMS, INC., the developer of the subdivision, constructed the roads within the subdivision in such a manner that the area of each lot abutting all roads to a depth of five (5) feet therefrom was so constructed, sloped, shaped, graded and seeded as to provide a surface water recharge system for the proper drainage of surface water within such subdivision. In order to insure that such drainage system shall function property, the following covenants and restrictions are hereby imposed and continued upon the area of each lot abutting a road in the subdivision to a distance of five (5) feet therefrom (herein referred to as the drainage area). 1. The owner of each lot shall maintain the drainage area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface water over or into such drainage area. 2. No trees, shrubs, planting or other vegetation except grass shall be planted or maintained in the drainage area without the written consent of the Declarant or its successors or assigns and thePlanning Board of the Town of Southold. 3. No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed therefrom without the written consent of the Declarant, or its successors or assigns and the Planning Board of the Town of Southold. 4. No fences or other structures shall be placed or maintained in the drainage area without the consent of the Declarant, or its successors or assigns, and the Planning Board of the Town of Southold. 5. The Declarant or its successors and assigns shall have the right to enter upon the drainage area and to construct, maintain, repair and remove such drainage pipes, culverts, catch basins, sumps and other facilities and to perform such excavating, 5 L4 JAN l O 2014 filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. (f) Payment of contributions by lot owners The Declarant will pay the taxes and expenses mentioned in Paragraph (d) above, and, will submit bills to the individual lot owners for their respective one-thirty-fourth (1/34) contributions. Such bills will be paid in full to the Declarant by the then present lot owners within thirty (30) days after said bills have been mailed. (g) Property Owner's Association 1. Reference herein to Property Owner's Association shall be deemed to mean the Declarant, its successors and assigns, a. all costs and expenses associated with the park area are borne entirely by the property owner's association; b. the owners of all lots on the subdivision shall be members of the property owners' association; c. each member of the property owners' association shall be liable, on a per lot basis, for a share of the costs and expenses of the property owners' association; d. each member agrees to comply with the regulations for the use of the park facilities enacted by the property owners' association. A two-thirds (2/3) vote shall be required for the enactment of each such regulation; 2. For purposes of subdivisions 1, 2d and 2e, each lot owner shall have one vote for each lot owned, whether improved or unimproved. 6 JAN 0 2014 (h) Utilit_ y~ents An easement along the roads on said map and over any other area necessary is hereby expressly reserved for the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electrical power and telephone service and for the construction and maintenance of any utility easements; provided however, that said easements shall be over areas designated by municipal or public utility authorities. 13. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 14. Enforcement shall be by proceedings at law or inequity brought by the Declarant, its successors and assigns, or by the owner of any lot against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or both. 15. Failure by the Declarant, its successors and assigns, or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 16. All of the foregoing restrictions are intended to cover only the plots shown on the map of FAIRWAY FARMS and are not extended to any other property now or to be owned by the Declarant FAIRWAY FARMS ASSOCIATION, INC. By: es J. F n, President By: L.~ _ Matthew Gillies, Vice esident STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: t On the _Z day of October. 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared James J. Fallon, personally known to me or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, f il)Je ins ent. -Notary-Public Cheryl Simons Notary Public, State Of New York No.31-4970341 Qualified in Suffolk Counq Commission Expires February 4, 20,Z_r 7 JAN i 0 2014 STATE OF NEW YORK, COUNTY OF SUFFOLK: ss: On the leli~lay of October. 2011, before me, the undersigned, a Notary in and for said State, personally appeared Matthew GiIlies, personally knon to me, or proved to me on the basis of satisfactory evidence to the individual(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted , executed the 'nstrurr~e Notary Pubic Cheryl Simons Notary Public, State Of New York No. 31-4970341 Qualified In Suffolk County Commission Expires February 4, 20,r SCHEDULE"A" (legal description) All those certain plots, parcels and pieces of land, consisting of the entire subdivision known as Fairway Farms at Cutchogue, Town of Southold, County of Suffolk and State of New York, consisting of Lots 1 to 34, and the park areas, and common areas of such subdivision, all as shown on the subdivision map known as "Fairway Farms" filed in the Suffolk County Clerk's Office on February 15, 1974 as Map No. 6066. I Re1FahwayFarmsC&Rs a, M1 _>r $xu4j • FORM NO. 4 • (v TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office JAN f Southold, N. Y. Q 2014 Certificate Of Occupancy No. 27359 Date NQr 197.6- THIS CERTIFIES that the building located at . F.alrw4ty. Drive........... Street Map No. Fairway- YalWack No.......... .Lot No.. 34.....Cutchogue...N.Y....... conforms substantially to the Application for Building Permit heretofore filed in this office dated June ...2819.76. pursuant to which Building Permit No. .8687Z . dated June. ..28...., 19.76, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is PrlVSte -one. Papa ly.dwelliAg The certificate is issued to ..H41rQ1d. C... POWnall . Owner . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ..Noy. -8. 1976 by -R. Villa- • • . • • UNDERWRITERS CERTIFICATE No..N3C4.1-32 -Sept..20 .1976 . HOUSE NUMBER . , .375........ Street Fairway. .Dr1.ve . • .Cutchogue.. . _ .......1................................. 11 Building Inspector • FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPA2TMEN1 Office of the Building Inspector Town Hal I JAN 1 11 n ?014 Southold, N.Y- IV II CERTIFICATE OF OCCUPANCY No= L-21965 Datev 09/25/01 TDIS CERTIFIES that the building ACCESSORY Location of Property: 3:5 FAIRWAY DR COTCEOOUE (ROUSE NO.) (STREET) (HAN,LHT) County Tax Map No- 473889 Section 109 Block 5 Lot 14.34 Subdiviaicn _ Filed Map No. _ Lot No. _ conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 14, 598 purauant to which Building Permit No. 25399-z dated DECEMBER 10, 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY =ROM SWIMING POOL WITH FENCE TO CODE AS APPLIED FOR. Tte certificate is issued to O_ENISE CARDINALE (OWNER` of the aforesaid building. SUFFOLK COUNTY DSPARTMENI OF HEALTH APPROVAL N/A RLECTRICAL CKRTI17ICATE NO. N 565310 07/25/01 PiAIMBERS CERTIFICATION DATED N!A o ized Signature Rev. 1/81 • FORM NO. 4 • ~j 6,1 J TOHN OF SOCIHOLD BUILDINC DEPARTKENT Office of the Building Inspector Tn Hall JAN 10 2014 Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27966 Date: 09/24/0 1 THIS (=lFIBs that the building AUDITION Location of Property: 375 FAIRWAY DR CUTCHOGUE (HOUSE 140.) (STREET) (HAMLET' County Tax Nap No. 473889 section log Block 5 Lot 14.34 Subdivision Piled Map No. _ tot No. confovss substantially to the Application for Building Permit heretofore filed in this office dated MAY 13 1999 Pursuant to which Building Permit No. 25855-Z dated JULY B, 1999 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is GARAGE ADDITION ^O AN EXISTING ONE FAM'LY DWELLING AS APPLIED FOR The certificate is issued to DEVISE CARJINALE (OWNER' of the aforesaid building. =11OLR COUNTY DEPARTMENT OP BEALTE APPROVAL N/A BLEC'DRICAL CERTIFICATE M. PENDING 09 24 OL PLUMBERS MMTIPICATION DATA N/A Z vow' ed Signacure Rev. 1/81 _ f. r' 1 i i x ak't~~~~jt~l +"w4 Al? I 7-~ ~ li ` -i t s a IU WYII - .,.11 Z J C ~ I y ink o- t' - ~ t t I . 'y r } r ~ k ' s / r t f ~ V s INN V 4 Q- I . z 41* ) x MP ~ WN OF S THOLD PROPERTY WG"D , -CARD `ice - a STREET: V G SUB. LOT - 3 '75 aq/ i~rYlr oh & h vy- S W TYPE OF BUILDING .s~T Weed' SEAS. VL. FARM COMM. CB. MILS. Mkt. Value IMP. TOTAL DATE REMARKS : g a / ` /3 711 G G/7G 34D ~?ooo, m %e Pow v P t Ab 77 4popw r: 4~ 4 CIO -b xw R V -7100 > FRONTAGE ON WATER Woodicnd FRONTAGE ON ROAD Meadowland DEPTH House>Pibt BULKHEAD Total µ , LO OTRIM Q 4_ . ^ ° ~+r -'I t 1\1 71L 291 *F VIVVITF :1 I. # y,' 1095-14.34 02/02 e x OR =i ^ _ f 3,' -77 M.'B ton d 0 r Cterg~ion t x I ~ Extension }'10 S Foundation Bath , Dinette NWJP Basement Floors + . Q~°t~ K, Porch 2 Ext. Walls Q Interior Finish J LR. Cq . 6w~w~ ~N p ~qq Yd0 Fire Place C S _ Heat 'S DR. Garage Z Z Type, Roof ,66Le Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B 0. B..14 - ?!.@ DOrmer Driveway- Total t: 1.4 ' 1oa~l odl~ • ~ ~ 1C'2'7: 2 Zr ~ 32 ~ _ .~,.u, s~, d .vr«,%JA~ _ _ ~QO~ - r~• f i r LO i eo, C Xf> TRIM .0 VIC a. 109-5-14.34 02/02 e M $ 77 :3MCE Extension /3,Y/4 / 2s a- Extension ;Z 20e 7 Foundation Both Dinette Basement ; Floors f eIDX/°i r K. Porch Ext. Walls Interior Finish LR. 2.2- wad s F~+y„~ xu ~r~ i b q4 4bo Fire Place Heat C S DR. Garage Z a 2' Type, Roof b01$ Rooms Ist Floor BR. Patio V a / Recreation Room Rooms 2nd. Floor. FIN. B O. B. tYkrl 4, Dormer Driveway Total 1246b1. Vii. X 2^~ i 2 7 6 32 ~F gi. so u .4ra.,ldAf - /goo r_ O'SUFFO4cOG ELIZABETH A. NEVILLE, MMC h~ y Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 N Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p .te Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 10, 2014 RE: Zoning Appeal No. 6723 Transmitted herewith is Zoning Appeals No. 6723 for Andrew & Sarah Olsen 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 January 7, 2014, Letter from Fairway Farms Association, Inc. Dated September 26, 2013, Eight Pages of Amended Declaration of Covenants & Restrictions from Fairway Farms, Certificate of Occupancy No. Z7359 for Private One Family Dwelling Dated November 8, 1976, Certificate of Occupancy No. Z-27965 for Accessory In ground Swimming Pool Dated September 25, 2001, Certificate of Occupancy No. Z-27966 for Garage Addition to an Existing One Family Dwelling Dated September 24, 2001, Two Pages of Photos, Two Pages of Copy of Property Record Card, Copy of Survey Showing Existing & Proposed Construction Dated May 23, 2012 Prepared by Kenneth M. Woychuk, L.S. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/10/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6723 Olsen, Andrew & Sarah 2922 $500.00 JAN 1 0 2014 S uthold Town Clerk $500.00 By _Ic_ Thank you. ***RECEIPT*** Date: 01/10/14 Receipt#: 160994 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6723 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #2922 $500.00 Olsen, Andrew F Name: Olsen, Andrew F 375 Fairway Drive Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6723 Office Location: fjF SO~lyolo 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~ • _hc Southold, NY 11971-0959 i MUM, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 6, 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. FEBRUARY 6, 2014: 10:20 A.M. - ANDREW and SARAH OLSEN #6723 - Request for Variance Article III Section 280-15 and the Building Inspector's January 7, 2014, Notice of Disapproval based on an application for building permit for two story addition to existing single family dwelling, at; 1) upon completion of construction existing in-ground swimming pool will be located in the side yard, located at: 375 Fairway Drive Cutchogue, NY. SCTM#1000-109-5-14.34 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: V icki.Toth(&Town.Southold. nv. us Dated: January 13, 2014 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS YO~~-~SaY(ti DISt~ (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK 1, poa N5*1 residing at 3*7s Frw1'01 14uTr C.,t~r ovy I19'}~ New York, being duly sworn, deposes and says that: / I/ I On the 11 day of 'Jnw-w 201Y, I personally mailed at the United States Post Office in (Ihi,1y 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 p blic or private street, or vehicular right-of-way of record, surrounding the applicant' ro y' (Signature) I I I Sworn to before me this CHRISTINA VOLINSKI day ofJa-1'~ , 201q NOTARY PUBLIC-STATE OF NEW YORK n~n No. 01V06105050 Qualified In Suffolk County (Notary Public) My commission Expires February 26, 2016 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. I ip m . C\1J ~ f s o gg ' • _ ~ I B.. s U S' lm Postage $ f1.12 0952 lal Csffmd Fee S ILI (EMO ewm Receipt Fee f3.30 - Poekderlr t $ $1.12-" o aemenl Requlretl) f2.55 Here- ru f3.10 O Resulmetl O (E Total ntloal rse P081% 98 Delgrub a) f0.00 M (E nr MR-Flpulree) r" Poam'n - ~J O Ream Med DeMary Fee $2.$ J M1 ge & Fees $ (Entloreement Requiretl) 01!17/2014 Q , 3 Postage &Feee M1 ` IIOc A/ TP4 ber M1 T nTotal o ~1n7izo14 0 3veef, AplTYa:j 9~9 . lp~ O wPp BOx NO. M1 G~NY~ is SYate, LPt4 CcJ*L4. JE 3`/ree(iip X6:--"-_...~./..•....-• _ 17)T O nr PO BOx- 1 ~prAQ n' j M1 C~Ty;, l.Z %Hi4 1'~ U.S. Postal Service CERTIFIEDMAIL, RECEIPT Er (Domestic Mail Only; No Insurance coverage Provided) nij 43 0 0 u rq S S Postage $ $1.12 m 0952 S M Postage nj $ 12 Denmed Fee \ tl l $1.12 0+ ru $3.10 in mMk\ N cemmetl Fee $3.10 IsoH.~j l Fee JH Retum Receipt~e r3 (End-11 remt Required) P 04 rk p $2.~ Here (En reament ReCBegi u kFeeee ed) C (Endorsee Dt Requuetl) - D i C3 R O eeBEte° DeUVeeqryuired) Fee $2•w _ $0.00 A O (EndorsemeMR $0.00 N Total Postage & Fees $ $6.77 01/17/2014 M1 Total Postage & Fees $ 0 o $6.77 01/17/2014 ant o a.WQ ; ( k i ( at o C3 -P- o _ c>~ T ±cwo~ )v. 61tp o............. N wPO Box Abe ~XJ rMrt..7 Wt......._. ..3r c ~r N gym: Brere, ~R., - Postal Forn, 3800 Auguft 2006 Sop, Reversp, fop Service, CERTIFIED ~ , RECEIPT U.S. Postal Service,. D rR ' RECEIPT a 101pa.p.. -.1-6511110 . -D (Domestic Mail Only, No insurance COveratte Pro video) s F?1i .1 ° M Postage $ $1.12 0952 Il L ell ' -J- A SE Postage $ $1.12 DerdedFee m \ ru $3.10 04 nj M ROWM Postmark Qertttta°~e f3.10 04 O (Endorsement Required) ) $2.35 Here O Retum Receipt Fee l - rk O ~ ResMcted Delivery Fee (EndoraemaM Required) (Endorsement Required) $0. / -M1 ' C3 $2.$5 ere ~ Total Pasta & Fees L O (ErMOr d ~t IqWaqul etl) f0.00 a M1 o $ $b .y7 or7/2014 M1 Total Posts" & Fen $ 16.77 i C3 t 0 01/17/2014 O 3Yreei,ApciiTo:;__O M1 ~-r w~ITF ` 0 Or Po Boer No. M1 S ye, 'I C3 Sfrae%% 7Po:;----- CffySYefa,'Yir+"a---- --•-"""r--••--••-------•------•-•--"•-------•---------- o wPOB. No. T11, ---q . Pf W-aie;zia:6 CST vY N I " ' l 9 3S • • • Af vg3 REOLP E-D January 29, 2014 JAN 31 2014 BOARD OF APPEALS Dear Vicki: Enclosed please find the original green certified mail receipts dated 1/17/14 for each of the people outlined below. Please let me know if you have any questions at 484-5936. Thank you, Andrew Olsen vY Michael and Joanne Nickich 280 Fairway Drive Cutchogue, N.Y. 11935 Margaret L. White 940 Cases Lane Postal Cutchogue, N.Y. 11935 CERTIFIED MAIL,. RECEIPT -n 1 (Domestic mail only; No Ins,,,,, N ce coverage Provided) Robert J. and Carole M. Greeves PO Box 1228 9> : Cutchogue, N.Y. 11935 m Poftw $ $1.12 pgS2 ru Certified Fee ru 63.10 Ms. Janet Moore C3 ReNmR-'-'Fee erk ~ C3 (EntloraemeMReq.i red) $2.55 -ai a 7- 640 Cases Lane C3 Restricted Delivery Fee ~j Cutchogue, N.Y. 11935 O (Endo semem RegU'm *0"0 N Total Pos epe s Fees $ $6,77 01 12014. Joseph R. and Maria R. Burns C3 enr o r` y~ k t NA'a 03vrN5 PO Box 155 o sr r.aacxb: 0 o.POe"Ift Cutchogue~1 I~~ , N.Y. 11935 y4------- ---pv (~rcGt.• ~ N 11936 - - Eileen Talbot PO Box 929 Cutchogue, N.Y. 11935 Edward J. and Mary A. Reilly 34 Soundway Drive Rocky Point, N.Y. 11778 - lff 0 SENDER:C(, -ETE THIS SECTION COMPLETE TH. cCTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A i natal item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse dressa• So that we Can return the card to you. B. Received by (P C. r/ Name} p Delivery ¦ Attach this card to the back of the mailpiece, C.U or on the front if space permits. ' D. Is delivery address different from item 17 13 7 //q 1. Article Addressed to: If YES, enter delivery address below: ? No 4- MN ? 34 SP,ApaWrA~ a.;?E R.c~ 1a~'1- N~ II 1 10 Service Type I ertified Mail ? Express Mail ? egistered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rrarisfer from service tabu 7007 0710 0002 2344 4140 PS Form 3811, February 2004 Domestic Return Receipt 1025WO&M-154e SENDER: COMPLETE THIS SECTION j COMPLETE THIS • • DELIVERY - ¦ Complete items 1, 2, and 3. Also complete I ature item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. . R ceiv by (Printed ]Verne) C. ate of elivery ¦ Attach this card to the back of the mailpiece, t) S or on the front if space permits. D. Is delivery address different from item ? ? es 1. Article Addressed to: If YES, enter delivery address below: ? No ~9~4 R + {~9rik R 6urN5 f5,x Iss ervice Type Certifled Mail ? Express Mail lx/ vta 1 egistered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number - (Transfer from service iabel) 7007 0710 0002 2344 4126 - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1590 SENDER: • COMPLETE THIS SECTION • DELIVERY I ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. X ? Agent ¦ Print your name and address on the reverse Addressee so that we can return the card to you. B. R ` b P Name) C. oat of Delivery ¦ Attach this card to the back of the mailpiece, t r ~ ~1 or on the front if space permits. D. Is delivery address different from item 17 ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No T&IET hwe- ( YO CdsC) t1WE 1 3. rvice Type L U~ I l g7j s Ifled mail ? Express mail u I lstered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Reshicted Delivery! (Extra Fee) ? Yes 2, Article Number 7007 0710 0002 2344 4119 Munster from aervloe labct) ,PS Form 381,1,Februery2ona rIltn... 102se5-02-M-ica~ USPS.com® - USPS TrackingTM • Page 1 of 1 = English Castanet Service LISPS Mobile I 7 Regisrorl Sign In ~USPScOM' Bpatch USPS com or Track Packages emew rppa Thi Ship a Package Send Mail Manage Your Mail Shop Business Solutions Enter up to 10 Tracking *Find Fird LISPS Lachine Boy Stamps Schlible a Pkks, caly'l /~~.~y1Vs C TM Customer Service) L. iVIe aler"Trac1~I1Ig Have questions? We're here to help. Change of Ad@ess Tracking Number: 70070710000223444089 Expected Delivery Day:Saturday, January 18, 2014 Your item was returned to the sender on February 5, 2014 at 6:20 am in CUTCHOGUE, NY 11935 because it was not claimed by the addressee. Product & Tracking Information Available Actions Postal Product: Features: First-Class Maile Cendied Mail" Retum Receipt Email Updates ~TWN - February 5, 2014, 6:20 Unclaimed CUTCHOGUE, NV 11935 am January 21, 2014 3'.38 pm Notice Left CUTCHOGUE, NV 11935 a January 21, 2014, 1004 ' Out for Delivery CUTCHOGUE, NV 11935 am I January 21, 2014 9'.54 am Sorting Complete CUTCHOGUE, NV 11935 January 21, 2014 9-.17 am Arrival at Unit CUTCHOGUE, NV 11935 January 17, 2014 , 5'.26 pm Dispatched to Son MATTITUCK NV 11952 Facility January 17, 2014 , 4'.50 on Acceptance MATTITUCK NV 11952 Track Another Package Where your tracking (or receipt) number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy, Govemmenk Seances, About USPS Home, Business Customer Gate., Terms of Use, Buy Stamps B Shop, Nevsroom, Postal Inspectors, FOIA, Prink a Label.,in POStage, USPS Service Alerts Inspector General, No FEAR Act EEO Cam, Customer Service, Forms B PeblicaHOns, Postal Explorer Delivering Solutions to the Last Mile, Careers, Site Index ffLtFF'SjCjM{ Copinghn 2014 USPS. All Rights Reserved. https://tools.usps. com/go/TrackConfirnTAction! input.action?tRef=qt&tLc=O&tLabels=7007... 2/5/2014 SENDER:c PLETE THIS SECTION COMPLETE SECTION . ¦ Complete items 1, 2, and 3. Also complete A. Si lure item 4 if Restricted Delivery is desired. ? Agent III Print your name and address on the reverse X ? Addressee so that we can return the card to you. Received by (Printed Nam C. Date of Delivery \ ¦ Attach this card to the back of the mailpiece, or on the front if space permits. ? / ' D. Is delivery address different from hem 17 ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No Mr`r~~ 1 ~nfif 9tio Le~E Service Type C ?~`I J( tJ 1135 rtfied Mail 0 Express Mail NN1r I 1 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Oft Fee) 0 '*G 2. Article Number ((ransfer from service label) _ 7007 0710 0002 2344 4096 _ PS Form 3811, February 2004 Domestic Return Receipt - - - 102595-02-10A W • • COMPLETE THIS • . DELIVERY COMPLETE ¦ Complete items 1, 2, and 3. Also complete 'gn re item 4 if Restricted Delivery is desired. 0 Agent ¦ Print your name and address on the reverse X ? Addressee so that we can return the card to you. R lR Ived nn d Name) VC!t o o f Pelive!y ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from hem es 1. Article Addressed to: If YES, enter delivery address below: ? No R,~T 7.4 6rakE f!L C ~t~ N 7 I 1 g 3 S 3. V rvIceTYP0 Mail 0 Express Mail R Istered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Enfra Fee) 0 Yes 2. Article Number irensier from service lab 7007 0710 0002 ( 2344 4102 PS Form 3811, February 2004 Domestic-Return Rea pt - - 102595-02-M-1510 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete Items 1, 2, and 3. Also complete A. Sign urs item 4 R Restricted Delivery is desired. X - 0 Agent ¦ Print your name and address on the reverse Q-errs-a ? Addressee so that we can return the card to you. 8. eceived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 19 0 Yes 1. Article Addressed to: If YES, enter delivery address below: ? No jilt) 3. Service Type I t i bt PeTF 0` iAJv 3310 O Certlfled Mail ? Express Mail ~ 1 E3 Registered 13 Return eturn Receipt for Merchandise i 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Ezra Fee) ? Yes 2. 7012 2210 0001 2344 0793 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r January 28, 2014 Dear Zoning Board of Appeals: In preparation for our hearing on February 6, we have completed the notification process of our seven neighbors using the addresses outlined below. Certified mail/return receipt packets were sent on January 17, 2014 to all. Two notes: Eileen Talbot was in Florida and we contacted her by e-mail and sent a duplicate packet to Florida which she received. Michael and Joanne Nickich who live across the street from us have been having difficulty with their mail and did not receive the packet. They were leaving on vacation, so I personally brought them a duplicate packet on January 26, which they reviewed and signed a letter indicating their support for our project. Please let me know if you have any questions at 484-5936. Thank you, Andrew Olsen /j Michael and Joanne Nickich 280 Fairway Drive Cutchogue, N.Y. 11935 Margaret L. White 940 Cases Lane Cutchogue, N.Y. 11935 Robert J. and Carole M. Greeves PO Box 1228 Cutchogue, N.Y. 11935 Ms. Janet Moore 640 Cases Lane Cutchogue, N.Y. 11935 Joseph R. and Maria R. Burns PO Box 155 Cutchogue, N.Y. 11935 Eileen Talbot PO Box 929 Cutchogue, N.Y. 11935 Edward J. and Mary A. Reilly 34 Soundway Drive Rocky Point, N.Y. 11778 Dear ZBA Board: We are neighbors of Andrew and Sarah Olsen and have been updated on their plans for a garage addition. Since their existing in-ground pool is not moving location and has a certificate of occupancy, the new garage addition complies with the town code, as well as the unique shape of their lot, we support their request for relief from the board. Sincerely, / Name ph h Ai C_¢~/, L1 Address agv ~q~~w4y , Date i/ Dear ZBA Board: We are neighbors of Andrew and Sarah Olsen and have been updated on their plans for a garage addition. Since their existing in-ground pool is not moving location and has a certificate of occupancy, the new garage addition complies with the town code, as well as the unique shape of their lot, we support their request for relief from the board. Sincerely, Name Address ~Q ~jox Z Z P Date f P / /9~~ z~' 05 Dear ZBA Board: We are neighbors of Andrew and Sarah Olsen and have been updated on their plans for a garage addition. Since their existing in-ground pool is not moving location and has a certificate of occupancy, the new garage addition complies with the town code, as well as the unique shape of their lot, we support their request for relief from the board. Sincerely, k4~~A(A~ Name Af -5; Address Date / Dear ZBA Board: We are neighbors of Andrew and Sarah Olsen and have been updated on their plans for a garage addition. Since their existing in-ground pool is not moving location and has a certificate of occupancy, the new garage addition complies with the town code, as well as the unique shape of their lot, we support their request for relief from the board. Sincerely, l 1 k 3 Name S,u e- Address (o Ll o Date ~0/yI i vl y Dear ZBA Board: We are neighbors of Andrew and Sarah Olsen and have been updated on their plans for a garage addition. Since their existing in-ground pool is not moving location and has a certificate of occupancy, the new garage addition complies with the town code, as well as the unique shape of their lot, we support their request for relief from the board. Sincerely, Name i A-4.66 r Address 68o e x ;04. e u ~U~cue NY /1 ~ 3~ Date lps //a a72 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING `yt[L 01St>l (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, residing at 37s r ,4:rw 4; JF New York, being duly sworn, depose and say that: On the Z5 day of T ~ 201 Y , I personally placed the Town's Official Poster, with the date of he ng 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 f_ ~ A 411 Zel y V (Signature) Sworn to before me this D0 DaVat; y oofjU'll1@Y , 201 `f VICKI TOTH at; o Notary Public ScatP of New York No. 01f06190696 (Notary Public) Qualified in Suffolk Count Commission Expires July 28,1% * near the entrance or driveway entrance of my property, as the area most visible to passerby. ~ NOTICE OF HEARING ~ The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME OLSEN, ANDREW & SARAH #6723 MAP # 1090-5-14.34 VARIANCE YARD LOCATION ~ REQUEST ACCESSORY SWIMMING POOL DATE: THURS, FEB. 69 2014 10:20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 • X" ~\t #11539 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 30th day of January, 2014. Principal Clerk Sworn to before me this day of 2014. CHRISTINA VOLINSKI NOTA4Y °!I81.IC-STATE OF NEW YORK Nv. 01V06105050 ouaiiileci in Suffolk County my commission Explr®s Fabtuary 28, 2016 the scope of the building permit and cer- 4) less than the code required bulkhead #6710 - Request for Variance from Ar- tificate of occupancy for the pool house, setback of 75 feet, located at: 1050 Oak title III Section 280-15 and the Build- 2) pool house at less than the code per- Street (adj. to Private ROW, Un-named ing Inspector's September 24, 2013 LEGAL NOTICE milted minimum side yard setback of 15 Street and Goose Creek) Southold, NY. Notice of Disapproval based on an ap- SOUTHOLD TOWN ZONING feet, 3) pool house at less than the code SCUM41 0 0 0 0-77-1 7 poication for building permit for an ac- BOARD OF APPEALS permitted minimum rear yard setback of 1120 A.M. - PATRICIA ANN GIL- cessory in-ground swimming pool and THURSDAY FEBRUARY 6, 2014 15 feet, 4) In-ground swimming pool in CHRIST-MANCINO #6717 - Request shed, at; l) proposed location other than PUBLIC HEARINGS a location other than the code required for Variance from Article XXIII Section the code required rear yard, located at: NOTICE IS HEREBY GIVEN, pur- rear yard, 5) "as built" gazebo in a loca- 280-124 and the Building Inspector's 1700 Cedar Beach Road Southold, NY. suant to Section 267 of the Town Law tion other than the code required rear November 18, 2013 Notice of Disap- SCTM#1000-89-2-4 and Town Code Chapter 280 (Zoning), yard, located at: No # Montauk Avenue proval based on an application for build- 130 PM - JARRED FfELD #6715 - Town of Southold, the following public Fisher's Island, NY. SCFM#1000-9-2-15 ing permit to demolish and rebuild a Applicant requests a Special Exception hearings will be held by the SOUTH- 10:20 A.M.-ANDREW and SARAH porch addition to existing single family under Article III, Section 280-13B(13). OLD TOWN ZONING BOARD OF OLSEN #6723 - Request for Variance dwelling: 1) less than the code required The Applicant is the owner requesting APPEALS at the Town Hall, 53095 Article III Section 280-15 and the Build- minimum rear yard setback of 35 feet, authorization to establish an Accessory Main Road, P.O. Box 1179, Southold, ing Inspector's January 7, 2014, Notice located at: 15 Fourth Street (adj. to Apartment in an accessory structure, New York 11971-0959, on THURSDAY of Disapproval based on an application Great Peconic Bay) New Suffolk, NY. located at: 37470 County Route 48 (aka FEBRUARY 6.2014. for building permit for two story addi- SCFM#1000-117-10-15 North Road & Middle Road) Peconic, 030AM - BREEZY SHORES COM- tion to existing single family dwelling, 1140 AM - NICHOLAS and BAR- NY. SCFM#1000-69-4-10.1 MUNITY INC. (STEVEN ELOTTER- at; 1) upon completion of construc- BARA PALLANTE #6718 - Request for 2.00 PM - BETTY DEROSKI RE- ON)-#6701-(Adj.from December6,2013 tion existing in-ground swimming pool Variances from Article XXII Code Sec- VOCABLE TRUST #6707 - (Adj. from PH) Request for Variances from Article will be located in the side yard, located tion 280-116 and Article IV Code Section PH 1/9/14) This is a request for a Waiver vall Code Section 280-123, Article XXII at: 375 Fairway Drive Crrehogue, NY. 280-18 based on air application for build- of Merger under Article 11, Section 280- Section 284116 (B) and the Budding In- SCFM#1000-109-5-14.34 ing permit and the Building Inspector's 10A,to unmerge land identified as SCFM spector's October 31,2013 Notice of Disap- 1040 AM - CHRISTOPHER PA- December 10, 2013 Notice of Disapproval #1000-136.-1-24.1, based on the Build- proval based on an application for building VONE #6720 - Request for Variance concerning a permit for partial demoli- ing Inspector's October 30, 2013 Notice permit for additions and alterations to an from Article XXIII Section 280-124B tion and reconstruction of a single fam- of Disapproval, which states adjoining existing seasonal cottage at; 1) a noncon- and the Building Inspector's November ily dwelling, at; 1) proposed construction conforming or nonconforming lots held forming building containing a nonconform- 15, 2013 Notice of Disapproval based on at less than the code required bulkhead in common ownership shall merge until ing use shall not be enlarged, reconstructed, an application for building permit for setback of 75 feet, , 2) less than the code the total lot size conforms to the current structurally altered or moved, unless such partial demolition, additions and altera- required minimum front yard setback of bulk schedule (minimum 40,000 square budding is changed to a conforming use, lions to existing single family dwelling, 50 feel,located at:4302 Wunnewetta Road feet in this R-40 Residential Zone Dis- t) less than the code required bulkhead at; 1) more than the code permitted lot (adj. to Wunnewetta Pond) Cutchogue, trict) this lot is merged with lots 1000- setback of 75 feet, located at 47 Breezy coverage of 20%, located at: 560 Village NY. SCTM#1004111-14-30 136.-l-21&22, located at: 275 Oak Street, Shores Community Inc, 65490 Main Road Lane Orient, NY. SCTM#1000-25-1-11 120 PM - SOUNA KOOLIK #6719 - 2835 & 2855 Harbor Lane Cutchogue, (aka State Route 25) aka Sage Blvd. (adj. 1100 A.M. - DANIEL and CAROLI- Request for Variances from Article XXIII NY. SCTM#'s1000-136: 1-24.1, 21&22 to Shelter Island Sound) Greenport, NY. NA McGOEY #6721 - Request for Van- Section 284124 and the Budding Inspec- The Board of Appeals will hear all SCI'M#100453-5-12.6 ances from Article XXIII Section 280-124 tor's December 18, 2013 Notice of Disap- persons or their representatives, desir- 9.50 A.M. - SUZANNE S, COLE- and Article XXII Section 280-116B and proval based on an application for building ing to be heard at each hearing, and/or MAN #6688 - (Adj. from December 6, the Building Inspector's December 6, permit for partial demolition, recoostnu- desiring to submit written statements 2013 PH) Request -for Variances from 2013, amended January 7, 2014 Notice of tion and additions in an existing dwelling, before the conclusion of each hearing. Article III Code Section 280-15 and the Disapproval based on an application for at; l) less than the code required front yard Each hearing will not start earlier than Building Inspector's March 4, 2013, re- building permit for additions and alters- setback of 40 feet, 2) less than the code re- - designated above. Fdes are available for newed August 13, 2013 Notice of Disap- lions to an existing single family dwelling, quired minimum side yard setback of 15 review during regular business hours proval based on an application for build- at 1) less than the code required mini- feet, 3) less than the cgfle required com- and prior to the day of the hearing. B ing permit for "as Built" alterations to an mum side yard setback of 10 feet, 2) less bused side yards of 35 feet, located at: 1200 you have questions, please contact our existing pool house, construction of an than the code required combined side Sandy Beach Road (adj. to Sterling Creek) office at, (631) 765-1809, or by email: in-ground swimming pool and construc- yards of 25 feet, 3) more than the maxi- Greenport, NY. SCTM#1000-03-3-10 Vicki.Toth@TbraseStrutholiLay.us. tion of a gazebo, at; I I work outside of mum code allowable lot coverage of 20%, 130 PM - MELANIE BELKIN Dated: January BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold NY 11971-0959 t t 539-1T 1/30 Je. ZONING BOARD OF APPEALS • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P. 0. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net January 13, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, February 6, 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 January 20th: 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 January 27th: 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 29th: 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 February 4, 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. Page 1 of 1 D~-SEk-) UaA I~z3 iop, -3 , 70 N 2 '~0 217 311 10 1pA ~Gy' ~5- 6 / pa j' 153 2 c~s 5A1p2 Y~ , 32p 1~ (1) ~ ~ ~ rn N 22p 14.35 N 1.OA(c) lag (3) 0A 229 w 13a lGj~~~ i (2) ~ 5a 186 14.3 4.36 10 1.3A(c) O 110A(c) ,a1 ?2s . 188 31 ( / TeeLn n (50') 11 2' 27.2 i 175 254 O 3 1.OA(c) Ito I~ N r I O (4) 14.4 N ~ 14.33 (33) s~ 12 205 0 a 200 R 275 QD I ~ 16a I ~ N 1 N 27.1 N (e) " 14.32 (32) a $ 14.5 13 C 286 158 205 N 201 I 0 14.31 (31) 24 1 1 V DA(c) 150 v 1 1.2A(C)'N' (6) 14.6 OV'A 2.53 (sm Ell--m http://gis.co.suffolk.ny.us/rps/ESRI.ArcGIS.ADF. Web.MimeImage.ashx?ImgID=86f7feac... 1/10/2014