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HomeMy WebLinkAbout1000-53.-5-12.6 OFFICE LOCATION: V SOpjyol MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 JI l~f Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) co ~ Southold, NY 11971 Telephone: 631 765-1938 Ol~COUNTY, A Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: November 26, 2013 Re: Coastal Consistency Review for ZBA File Ref. BREEZY SHORES COMMUNITY, INC. (STEVEN FLOTTERON) #6704 SCTM#1000-53-5-12.6 BREEZY SHORES COMMUNITY, INC. (STEVEN FLOTTERON) - #6704 - Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #7 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the below denoted Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board considers the following: 1. Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended. specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for- d. sites where relocation of an existing structure is not practical The structure is located within a Moderate Wave Action Zone and Flood Zone AE El 6 (FIRM Panel 0159H). However, due to the extent of the flood zone extendin north across Sae Boulevard the relocation of the cottage is not practical. Similarly, due to the extent of the flood zone increasing the distance from the bulkhead would not substantially reduce the risk of flooding The proposed structure has been designed to meet Chapter 148 Flood Damage Protection of the Southold Town Code •-.rev :ao~~r~ iP ,.fi~~%jf///' r.:s ° 1 / v ~1''/ s / J/ rrr#~ ! 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Subject structure located within the AE El 6 flood zone. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney M i , otA Office Location: OF SO(/j~olo Mailing Address: Town Annex /First Floor, Capital One Bank # 53095 Main Road 54375 Main Road (at Youngs Avenue) rn P.O. Box 1179 Southold, NY 11971 • ~O Southold, NY 11971-0959 COUNTY,~ http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD ~11 L I v Tel. (631) 765-1809 Fax (631) 765-9064 November 4, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office OO V -11u'13 1G13 Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6704 FLOTTERON, Steven 1000-53-5-12.6 Dear Mark: We have received an application for additions and alterations to an existing seasonal cottage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. eisman Chai so By: r,4 zu -J 1A Encls. -31 12,i~:c. 4-, '4973 # I FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 10, 2013 AMENDED: October 31, 2013 TO: Fairweather Brown (Flotteron) 205 Hay Avenue Greenport, NY 11944 Please take notice that your application dated September 30, 2013 For permit to make add,igtty_hnd alterations to an~xisting seasonal cottage at Location of property: 654901touty 25, Grell lp IL NY (Bream Shores Cottage }f7) County Tax Map No. 1000 - Section 53 Blocks Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations are Ctot_,pstlitttted pursuant to Article =11, Segion 280-123 A, which states. "A nonconforming buildiu r&, n;Aaining a noneoniorming use shall not be cola ged, or Amquraliva tered or tnovcd, exccDt set rth belnw, unigss„the use of such buildine is cha to a conforming use." In addition, the proposed construction is not permitted pursuant to Article &XIi, Section 280- 116% which states; "All buiklintrs located on lots upon which a bulkhead, concrete wall, riprau or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be setback not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a setback of 72 feet to the existing bulkhead. J'his Notices)L[L)isapproyaI was amended to include bulkhead setback: ollowdnr new information - fi the a r- _ rized Signature Note to Applicant, Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: tile, Z.B.A. Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.' Street &590 RQUtB 2S Hamlet 6YCG4)po r~ SCTM 1000 Section k53 Block .5' Lot(s) A •4 Lot Size 8-1• L 4VWZone8-0 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED !l+ o fo cBASED ON SURVEY/SITE PLAN DATED 10150116 Applicant(s)/Owner(s): y ~Q~eJ n r- I o feu N I 91 ry Mailing Address: 7/0o 0co4 t 44 rt1J2 (+y14y?~(V~~I 1 111..1b Telephone: J 6?7 Fax: Email:,S o P.YOr1 D G~.I~t_/ 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: ~?y?yMartin/ ~ ± 1~' `F"~b for (owner ( )Other: ?~kt t ! Y PiY)U Cr ~/I ~~iY) p~ Address: Telephone: Fax: 7'd 3 Email: )7Li'n0-&4?_weAjL-bir6tjx -caw Ple a check to specify who you wish orrespondence to be mailed to from the above names: ( Applicant/Owner(s), (~thorized Representative, ( ) Other Name/ Address below: WHEREBY H BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 0 and DENIED AN APPLICATION DATED 40 FOR: (16 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 b~ypumbers. Do not quote the code.) Article: X7' Section: ~igD Subsection: Type of A eal. An Appeal is made for: (vA 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 ( ) Revers or Other 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 o +ce for assistance) Name of Owner: MUD ~ ZBA File# ()taAD t s7 Mullm" IP46A ,37113 FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT 1. BROWN, ARCHITECT, P.C. 205 Bay Avenue Greenport, N.Y. 11944 ('1) 477-9752 (F) -477-0973 Admin(a),Fairweather-Brown.com ZBA Application October 29, 2013 Permit Agent - contact Amy K. Martin Owner: Steven Flotteron Cottage #7 Breezy Shores Cooperative 65490 Route 25, Greenport SCTM# 1000-53-5-12.6 Reasons for Appeal 1. An undesirable change will not be Produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: It has been determined by the Town of Southold that all 28 Seasonal Cottages at the Breezy Shores Community, Inc. constitute non-conforming buildings containing a non-conforming residential use. As a conforming use shall not be sought, the building department has disapproved our application to make small additions and alterations to the existing cottage, while raising it to conform with flood plain requirements. 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: Without a variance, the minor, requested additions cannot be made to this or any cottage due to its pre-existing, non-conforming status as the code states it "shall not be enlarged, or structurally altered or moved". 3. The amount of relief requested is not substantial because: This is one of the smaller cottages on the property and the addition of 150 square ft. to 718+ square ft. footprint of the existing cottage represents an increase of approximately 21% but actually does not change the perceived size while vastly improving the quality of interior space of this Seasonal cottage. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The requested variance relief only effects this small community which has voted to allow its cottage owners a maximum of 150 sq.ft./cottage of additions. One of the proposed additions to this cottage is 72' landward of the required wetlands setback from the historic bulkhead where 75' is required. The pre-existing 60'11 " distance to the bulkhead is in-kind to other cottages. 5. Has the alleged difficultv been self-created? No ( X ) Yes O Does this variance involve as-built construction or activity? No( X ) Yes( ) Zoning code creates the difficulty with these pre-existing, nonconforming buildings. The cottage suffered some water damage during Hurricane Sandy and therefore will be lifted to avoid future problems. It makes sense to request the new, co-op- allowed slight additions to improve the family's enjoyment of this beautiful location Are there any Covenants or Restrictions concerning this land? No (X ) Yes ( ) copy attached This is the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. Amy K. Martin, as Agent Sworn to before me this day of 2013 Notary Public APPLICANT'S PROJECT DESCRIPTION APPLICANT: i r, hI DATE PREPARED: G 2g I 1. For Demolition of Existing Building Areas In Lt kk , i~ ~Ctx o Please describe are sp bei g removed: (1z&V--CY- w7UL H. New Construction Areas (New Dw fling or New Addition s/ExtenSlo_n EFAsf G~5 1N ENST1NCrl ~~ftr°c/tdrs ,S" Dimensions of first floor extension: kV •d"3'' A f~ERS i Q 5 '3 c /63 EVE n `Jl N Dimensions of new second floor: Dimensions of floor above second leve : N Height (from finished ground to top of ridge): low lj a- t' Is`basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 11' F III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations m i i e, S rn' l W CK. G T e, IV. Calculations of building areas and lot coverage (from surveyor : Existing square footage of buildings on your property: S Proposed increase of building coverage: )>p s Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: i n^vVQaSe K omi h raJ~ i1lalcI SpkcC~ 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): -P-10a - Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject preml s listed on the real estate market for sale? Yes No B. Are/there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with thi application? Cj 3.) Is the roperty bulk headed between the wetlands area and the upland b ' ding area? 10 y 4.) If yout] property contains wetlands or pond areas, have o contacted the Office of the Town rustees for its determination of jurisdiction?o c a: Please confirm status of your inquiry or application with the Trustees: l and if issued, please attach copies (A -t ewxc~ronditionsfa~td a~p l L' rVovned surYel. Z~A ~~~~v91110d I~ D. Is there a depression or sloping elevation near the area of proposed construction at or t below five feet above mean sea level? tJo E. Are there any patios, concrete barriers, bulkbeads or fences that exist that are not shown on the survey that you are submitting? A 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?_k-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 Buildi g Department to either obtain them or to obtain an Amended Notice of Disapproval. eCltdl Ci i17111~ 05~ Z _ I I~ H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel 5uAj QJ e~Opand the proposed use . (ex: existing single family, proposed: same with garage, pool or other) @ J ~.t,~, 16 did orized re and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31196 Date: 10/11/05 THIS CERTIFIES that the building REPAIRS Location of Property: 65490 MAIN RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 5 Lot 12.6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 5, 2003 pursuant to which Building Permit No_ 29709-Z dated SEPTEMBER 8, 2003 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 REPAIRS TO EXISTING SEASONAL COTTAGE #7 AS APPLIED FOR. The certificate is issued to BREEZY SHORES, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-446076 02/11/9 8 PLUMBERS CERTIFICATION DATED N/A 7briz Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 139m and 239n of the General Municipal Law. 1. Name of Applicant: 6fe y Q f) ?-16AR ?O o IA-wN 0)6L-~Yyl (A~Fx 2. Address of Applicant: 3. Name of Land Owner (if other than Applicant): - ~S 4. Address of Land Owner: F'o LEA ~_ikl al AT L liq 3 5. Description of Proposed I Project: itft hemp fo - icVA 6~etin ?e~Ur~tme~E a~~ 3 77WTI/1 nt,,YS= Ist)to4i fr Y ti fAin~i 2 vnFCrn~ 6. Location of Property: (road and Tax map number) c f Z> (~~K }'K 7 1 jt9f3C' S~-2. 7. Is the parcel within 500 feet of a farm operation? { } Yes No 8. Is this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided 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 L 0h1e15r1RN T3f~ ?Z C3o ~ ,~Ths~c 2. 5c V#1 -'9-jooo- SA /0 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) YAI~~'^ Io / 14 Signature of Applicant Date Note: 1. The local Bond 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 retumed to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Comaletine 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 Ac~ti nor Project: ~~0TI21'o11 1/~'P.e2 1072`J ) Project Location (describe, and attach a I cation map): 5 0 . lof6 J5_ 0 C- V31 V) Brief Description of Proposed Action: c( y~ 5( cC G IIUD ions <0 f 1'l t~3 L' u~ 1 u I IZe~rnfivt 5 r Name of Applicant or Sponsor: Telephone: Am 14 1/ 1 1 E-Mail: fn I a) nAy- fin ~ ~61~~• Address: 9'~ ~~11v Ci 0: s~ay~ Zip Cod P,~i11 UY ' 1 ~ 1. D es the p posed action only involve the legislative adoption of a plan, local law, ordinane, 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,a proval: _ (ate, Tt u5'~ , -Dui lit lu f' lays ? 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? W,24 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?acres 4. Check all land uses that occur on, adjoining and near the proposed ction. Urban Rural (non-agriculture) ? Industrial ;Commercial ;Residential (suburban) ? Forest Agriculture Aquatic ? Other (specify): ? Parkland Page 1 of 4 5. Is the proposed action, NO YES 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 Y landscape? 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES 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: 1 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: 14. I ntify the typical habitat types [hat occur on, or are likely to be found on the project site. Check all that apply: horeline ? Forest ? Agricultural/grasslands ? Early mid-successional Wetland ? Urban ? Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? eNO ? YES b. Will storm water discharges be directed to established conveyance systems (runoff and/sterm drains)? If Yes, briefly describe: t , ? NO COX YES t+lA ~ Page 2 of 4 18. Does the proposed action include construction or other activities that 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: 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: -VI AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE t Applicant/sponsorname. Date: f4 k:3 Signature: Igmy /dl) 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?" t % zk ' =s ' o r. No, or Moderate > "~1~N i~ v Y- Y x' V C• sY?# r fl small to large impact impact 4 may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 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-term, long-term and cumulative impacts. ? 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 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1> SiV-VLA T_ F JO ` j:JXp/Iresiding at 230 i1Jo oJL- ~S : ?Q (Print property owner's name) (Mailing Address) I17~~ t)f WJU-7 Wy~ do hereby authorize , (At) o apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (O er's Signature) 5~Q?Qn T- Fi,:~ ~ }Q ~J1 (Print Owner's Name) i. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM «oum"ld s Coda of Ethics mohibits conflicts of interest on the RM of town officers and emnlovees The purpose of 11c Town chi form is to txovide inforination which can alert the town of possible conflicts of interest and allow it to take whatever action is ; tKoessarv to avoid same. ^i- 1 - YOURNAME: C1,. i'QyeA J IFI AT e ro i (Last name, first name, ~ ddle initial. unless you are applying in the name of l someone else or other entity, such as a company. If so, indicate the.other j person's or company's name.) NAME OF APPLICATION: (Check all that apply.) - - - - Tax grievance Building i Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning - I I Other I. (If "Other, name the activity.) 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 parhurship, 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 I YES NO X II Ifyou answered "YES", complete the balance of this form and date and sign where indicated. !I Name of person employed by the Town of Southold - - Title or position of that person l Describe the relationship between yourself (the applicantlagmt(relimsentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided i. The town officer or employee or his or her spouse, sibling, parent, of child is (check all that apply): A) the owner of greater than 5%ofthe shams 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 I~ L I Submitted this 13 day of JQ 2041 Signature, ale I Print Name 7 jgypn JT _ Z Z.1 M Ate? 4 Form TS I I. AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics arobibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance ~ Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in hick the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the apphcant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) - A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) - B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day ~u µp200 Signatur A-i ~.l' p Print NameYl~d ~til 1°v Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# -5 - - o' • ~0 The Application, ~s In submitted to (ch k appropriate response): Town Board El Planning Dept. Building Dept. d Board of Trustees 12 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital El construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: l/ Nature and extent of action: G5y,~ f Htc;~l IS XVVt Coc ra~ ru 2 au}oc -4t(/~ O- Location of action: p~ Site acreage: ei CVf,5 Present land use:tQLe -4I a1cgr 1hon Cmfo-I' Y1i0I 5JeASona[ C&,r, C r,ke4J-- Present zoning classification: R So 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: <<,, IL (a) Name of applicant: (lee Z ~~Y181C5 l1n!"XIWYt ~ -rNe 7 O~P.f%,r7 . (o ?I hQe#`~\ ~fo#~.ren I p t ~ J (b) Mailing address: 28U W 0od l a,n A T) r ~ Y' GI 6U 5 Xi I i ] ~ A''~011'~Pj c-a I U5 13A4 PrJU. reettP"f ~l y uft``~ (c) Telephone number: Area Code ( Ohl (pT 5 -6 17 1 AM 1 4-77-0/7JL4, (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by as state or federal agency? Yes I No~ If yes, which state or federal agency? dp b j OLIN TAUS ES op +ctwt~~" V741 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. E]Yes ? No JZNot Applicable J`' hiS g I~CAIDn IS li 5 s ADFA TGN I r16 W G ru .e, - tj t Yb M - D 15 do-'I (11 _ GA E ti D C't lic en e-K Attach add 'onal ~Iaeets f 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 0 Yes E No ~ Not Applicable 41 - i Q 3 u G Gt.3- ? V)l i Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No-F~<Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pa es S through 16 for evaluation criteria 13/Y( No Not Applicable Y/~[ ~ bil U'n 1 l Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III for evaluation criteria - Policies Pages 16 tZpplicable Yes 0 No Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal lush and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes © No ua I Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No 5/mot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. ee LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. nn VNot ? YVD No Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locationsIN LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No ot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town w ers. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for eevvaluu ion criteria. ? Yes ? No I~ Not Applicable Attach additional sheets if necessary Policy 13. Promote propriate use and development of energy and mineral resources. See LWRP Section III -Policies; ages 65 through 68 for evaluation criteria. 0 Yes ? No Not Applicable Created on 5125/0511:20 AM -Y.r. = y's'd'.- ""~.~F"-+ .tr,,.•)Y'''~ gyp. 3..~ 4E ~•e~. ~ `ro 1 I (~N ~ ~(CG C{~.5 I Sf 1'7E 111 I'M 11 lj~ I, III, f r.. ¢t~."~~rb }~fC~4d ~-~SC'~ s. P ;i kr#A. ~ I ~ ~_t ~ ~ r ~w fi1~.'~ 4 ~ ,~u~ K t~,t~~ 3 :a»~~ a• ~¢C ~ ~A~~ ~ t r,?~~~y y. ~ Y ri !r! ~h •.zd1 ~ vS~~~ ~`,t ryR './,'`r~'J }~y~ rf°P'4 ~ adfl4, h• I. ii y . w 4 pvq Ix I t 1-AN D ~-3 In 7~'K a!- r y~-,-. r r. r' 'rt' T"` ""'i' .e--... -^r Q' j ro ~+a,•,.1r~, 'Yti ~~„y ~ s + ""~ra•~ ,:y ,,-4,`2„°• s*'~~-5 T°+ 'w•-•w~•.~ ~~,"TM~r`.` q"" ~ '---"r ~y,? ~e -~y.~,~'Xr"'"~. jt'f g <~s~g. ;:ter „ ~ i-„';,;_,_ a~.~*+.~ •T ,~,-'.T,,,~-a a•_^+' t,-. °twT",'.,-.- -t-. .r•y - T s = M - fg F~ a t n.'4" R ~ d• a.~ r r~ ~ ~A{ ~ ;4x' ~ 't~.F,a ~ mac r,.,~.rr~'~ ~ P ,~r~ Ys 9 f ~ i. ~ r 'r'rrt x-rs^"~'~ ~^-`+-,re A` t~rP`y~'""~,,, i all x[i''' ?y~r >J s , r,~ wt '~~nr P v _ S x i ,aw~c~xuuxx~wasRgy. u..°s~+-~~~e~a.~rsa~;~at^ra,. f ~~5i 5?~~ Ivu ~~'t>I ro ~ w~ .,.»rz w-.. . 7- s BOARD MEMBERS of soul Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 James Dinizio, Jr. 41 Office Location: Gerard P. Goehringer e~ Town Annex /First Floor, Capital One Bank George Horning X10• 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD rRE% 5 9 Tel. (631) 765-1809 • Fax (631) 765.9064 7 Yet FINDINGS, DELIBERATIONS AND DETERMINATION 4$70dl• .on MEETING OF JULY 19, 2012 ZBA FILE: 6525 NAME OF APPLICANT: Breezy Shores Community, Inc. (Heman Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM#1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTSIDESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8, 2011, Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3 - July 19, 2012 ZBA File#6525 - Otano CTM: 1000-53-5-12.6 RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built" construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: 1) the nonconformity to be considered under the use variance standards; and 2) the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file #6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2011, January 5, 2012, March 1, 2012 and June 7, 2012 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 6267-b(3)(b)(1)_ Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally, the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law 6267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 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 Page 3of 3-July 19, 2012 ZBA Filc#6525 - Otwo CTM~ 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10, 2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning. Nay. Me er Dinizio. This Resolution was duly adopted (4-1). Leslie Kanes Weisman, Chairperson Approved for filing 7123 /2012 BOARD MEMBERS DOE so Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 l~ Southold, NY 11971-0959 James Dinizio, Jr. # Office Location: Gerard P. Goehringer ~e Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ECEIVED TOWN OF SOUTHOLD 9 : O Tel. (631) 765.1809 • Fax (631) 765-9064 2 7 2012 FINDINGS, DELIBERATIONS AND DETERMINATION S • old Town Berk MEETING OF JULY 19, 2012 ZBA FILE : #6557 NAME OF APPLICANT: Breezy Shores Community, Inc. (Heenan Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM # 1000-53-5-116 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordi or issued his recommendation datedmNove I. Based upon the information provided on' WRP onsistency Assessment Form subitt to this dep ent, as well as the records available to us, s our reco endation that the proposed action s CONSISTENT ith LWRP policy standards and therefore i CONSISTEN with the LWRP. PROPERTY FA T /DE I T Subject parcel is located in the R-80 zone an contains 82.6 acres. It is improved with three dwelling , rick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Heman Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF REOUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage. The total 807 square feet includes the habitable space and non-habitable porch, but not Page 2 of 6- July 19, 2012 ZBA Filetl6557 - Owio CTM: 1000.53.542.6 the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage) on a subject property that already has a principal use (dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status, the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1, 2011, January 5, 2012, March 1, 2012 and June 7, 2012, 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. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6, 2012, the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure. The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: I. A floor plan with its original application dated 11/10/2011 indicating "rebuilt existing walls" and "new walls" 2. A memorandum, received on December 28, 2011 that included a listing of items that remained in the structure and items that were re-built 3. A letter from an Architect, Robert I. Brown dated December 13, 2011 stating that "less than 50% of the structure had been demolished" At the public hearing on March 1, 2012, the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally, the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10, 2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation, nor did he provide such calculations at or after the public hearing as requested. As such, the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand, and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of 6 - July 19, 2012 ZBA Filcg6557 - Dwno CTM', 1000-53-5-12.6 3. Newjoists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1, 2012 hearing (transcript p. 24, line 25, p. 25 line 1) "[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such, this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. II. Nonconformine Status of the Structure and Interpretation of 4280-122 A. Nonconforming Status of the Structure As set forth above, the December 12, 2011 Notice of Disapproval (updated March 6, 2012) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use At the January 5, 2012 pubic hearing, when asked to explain the language of the Notice of Disapproval, the Building Department Permits Examiner, Patricia Conklin, testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review, determined that it was a nonconforming building. No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building. The second part of that nonconforming use is, it's the second structure as a principal building which is on that property. (January 5, 2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures, they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition, this is a nonconforming building because it's less than 850 square feet, as defined in the Southold [Town Code]." (January 5, 2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under §280-122. More specifically, the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84 (2nd Dept. 2004) as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under §280-121 which governs nonconforming uses. The Court concluded Page 4of 6-July 19, 2012 ZDA File46557 -Oumo CTM: 1000-535-12.6 that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here, the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling, having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to §280-13(Axl) each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this "cottage" does not meet the definition of a dwelling under §280-4, that "cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such, this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of §280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required, the ZBA will issue a determination on whether §280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind, without the need for further variances, as argued by the applicant. Section 280-122 (A) states: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding, the applicant has argued that, pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety, without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with & copy of a memorandum of the ZBA to the Building Department from 2002. (March 1, 2012 Transcript, pp 16-21). This memorandum set forth types of "reconstruction" that would not trigger the need for additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without increasing the degree of nonconformity; repair or replacement, in place and in kind, of siding or roofing; or replacement or repair of existing decks, porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such, the term "reconstruction" as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. 11. Use Variance Application 1. Town Law 6267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind, the applicant's ownership interest has no value and is rendered useless. The applicant Page 5 of 6 - July 19, 2012 ZBA FikK6557 -Olano CTM: 1000-53-5-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property, as well as information regarding the maintenance and carrying charges on the property, In light of these circumstances, the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law 4267-b(2)(b)(2). The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law 4267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally, the location of the reconstructed structure is appropriate within the context of this neighborhood, as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law 6267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house, the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 6267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the use variance as applied for, subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. Thai the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ofa building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 6 of 6- July 19, 2012 LBA Filc#6557 - Ouno CTM: 1000-53-512.6 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. Vole ofthe Board: Ayes: Members Weisman (Chairperson), Coehringer, Schneider, Horning Nay: Member Dinizio. This Resolution was duly adopted (4-1). Leslie Kanes Weisman Chairperson Approved for filing /~t~ /2012 b~3 ' .'7'frLE Gw/6 T/LSr /i~'T~/rr/A /}OA/d.fK ~NES, y/C/fA!/ A a 6' _N~~L•o•cLoZZ_-T~6E.v.9E~ _ /PE O.!°E~ VCt.tI.WFi~ ~TTA6~,~_uSEJI~SeovTianeJ,f.e 110.Et 7-4v oL ~!nt es - 1J.~uFi<<b - yL995~ _ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson o~~Of SO!/jyo 53095 Main Road • P.O. Box 1179 ~O Southold, NY 11971-0959 Eric Dantes 4 Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Homing • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider IM Southold, NY 11971 http://southoldtown.northfork.net R IIE ED ZONING BOARD OF APPEALS y TOWN O SOUTHOLD ~~201 Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 ZBA FILE # 6661 NAME OF APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage 413 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE COD C: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION • Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Cottage 13 "Breezy Shores" at Greenport, dated Jan. 09, 2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a Page 2 of 3- July 25, 2013 ZBA#6661 - Breezy shores Community, Inc. (Willoughby) SC-rM# 1000-53-5.116 nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REOUESTED: The applicant requests a variance to construct a 27 square foot addition for the reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A- 3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1), Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 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 seasonal cottage is a non-conforming building with a non-conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3% expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 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. 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. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 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 an addition and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the architectural drawings, A-I site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions; Page 3 of 3- July 25, 2013 ZBAA6661 - Breezy Shores Community, Inc. (Willoughby) SC'rm# I DD0-53-5-12.6 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dances, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 1,3U /2013 RECEIVED MAY 2 2013 FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: March 7, 2013 ~i TO: Frank Uellendahl 11oU 4 by AMENDED: May 2, 2013 ~ 9 PO Box 316 Greenport, NY 11944 Please take notice that your application dated March 4, 2013 For permit to make additions and alterations to an existing seasonal cotta at Location of property: 65490 Route 25, GreenporL NY (Breezy Shores Cottage #13) County Tax Map No. 1000 - Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations are not permitted pursuant to Article XXIII Section 280-123 A., which states: "A noncwnibrmina building containing a nonconforming use sball not be enlarged, or structurally altered or moved, except as set forth below ales the use of such building is changed to a conforming use." Th, it ed on May 2 I3 to remove the nee or variance under 280-II6B ollowin a new site PLas sub issio date 4/30/13. ignat urh Note to Applicant: Any change or deuce e a ove referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~<10F S~Vlifr~ 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 l} # Office Location: Gerard P. Goehringer v+ Town Annex /First Floor, Capital One Bank George Homing • ,OQ 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net REC IV D ZONING BOARD OF APPEALS ~F IIsQ TOWN OF SOUTHOLD Tel. (631) 765.1809 • Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 Z13A FILE: 6660 NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage #25 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE COD F: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to its, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to zoning by the Sage family in the early 1900s, The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets Al-3, dated April 30, 2013, with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Pagc 2 of '3 - July 25, 2013 ZBA 46660- Breezy Shores Community, Inc. (Mizrahy) SCfM#1000.53-5.12.6 BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; I) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage #25, including a 5.8 sq. ft. new addition for the placement of a water heater, with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft. to 5 x 3 ft., dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft. to 639.8 sq. ft. for a total increase in non-conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code, and are not to be included in the consideration of any overall increase in non-conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 2. Town Law 62674(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. Code defines that this seasonal cottage is a part of a larger non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code, which the Board determines to be de minimus in nature. 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 existing building will be temporarily raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92% to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created since 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. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. Page 3 of 3 - July 25, 2013 7.BA #6660- Breezy Shores Community. Inc. (Miuahy) SCTM* 1000-53-5-12.6 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations to a seasonal cottage, 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/variances as applied for, and shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A-1, A- 2, A-4 dated April 30, 2013, and sheet A-3 with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: I. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board., Ayes: Members Weisman (Chairperson), Coehringer, Schneider, Dames, Horning This Resolution was duly adopted (5.0). f, -Jbt. Leslie Kanes Weisman, Chairperson Approved for filing 7 /)o /2013 BOARD MEMBERS ~F S0 Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 W Southold, NY 11971-0959 lxl l~t Office Location: Gerard P. Goehringer H ae Town Annex /First Floor, Capital One Bank George Horning .'r 54375 Main Road (at Youngs Avenue) Ken Schneider Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS E EIVEDp TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 M R 77 2013 FINDINGS, DELIBERATIONS AND DETERMINATION u ho qwrr er MEETING OF FEBRUARY 28, 2013 ZBA FILE: 6622 NAME OF APPLICANT: Breezy Shores Community, Inc. (Naomi Mullman) SCTM# 1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd, Cottage #11, (adj. to Shelter Island Sound) Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type lI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 8, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1, 2012 for General Amendments, Sheets 1 of 2, and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. Page 2 of 3 - February 28, 2013 ZBA Fileg6622 - Breezy Shores Comm., Inc. (Hallman) CTM: 1000-53-5-12.6 (cottagc M 11) RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet (as shown on the survey) where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION, The Board received a letter dated February I, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(D. Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the] 940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law 8267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of nonconforming buildings with non-conforming uses. However, the proposed addition of 20.6 square feet to the existing bathroom is 3.1% of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical. All other proposed alterations will be constructed in place and in kind. The variance granted herein for relief from Section 280-116(B) is mathematically substantial, representing 27% relief from the code. However, in the context of the entire community, the variance is not substantial. The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 5267-6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3-February 2%2013 ZBA File#6622- Breezy Shores Comm., Inc. (Mullman) CTM: 1000-53.5.12.6 (cottage NI I) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Gcehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. I, 2012 for General Amendments, Sheets I of 2, and 2 of 2. And the architectural drawings prepared by David Mullman, R.A., as follows: Sheets A-1 and A-2 dated 8113/12 last revised 11/12/2012 titled "Site Plan for Proposed Renovation", and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 last revised 10/25/12, sheets A-101, A-102, A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown an the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that a de minimis in naturefor an alteration that does not increase the degree of nonconformity. Vote ofihe Board. Ayes: Members: Weisman (Chairperson,) Horning. Gcehringer, Schneider. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing 3 ( /2013 Page 1 of 1 4 TOWN OF SOU HOLD PROPERTY RECORD CARD vvILAGE UIST 9118 •',egmtIm -••w MiHER - S1TiEET•1 { _ _ ..tin' ~T,t. If'cJ-__ is?tf'1i//4.. ~ ~!U t-- MMAAkS hCn 7 ~ ~ ?'~!7 f Lu TYPE OF OLD a gat. ,r~ l~~r~~"' -wpor. cVss v za S L17. ~ 8S- rur' F.kra~,rB~rc_f'rk~ ~ 1d'dc .TA I M10 1MP' TOTAL DAT[ y 2 AD d- rill r lj~. )M[' l9 h!/9 r?ILi4 x2zd3 3ZLL 'u.7 . rqt. r , a,i'rn' a #v ~ ~ ~ $~~ig7D5 fepw[<c BPrk :a-1t.+ t Alp'? mputcs 5f#-- BP ~__~~e 1gP:4~a7rac, Pik d9~0 fe Dkua~ 11~Z~ 3 arJ~ ca~7l! Ye pmC5 PAP* 2~ 1? L - 9 a5 $ „_3lyYj_t.a 1 /rt_ L~c:r #LR f A k" Jk' 2 i QII 1 is In •t NdP `~w r rrMa, or Whom fic!i}Jm:.' pi 74Io1 BPj33517$ n PST i+ _ ORE OWTN BP gy 04SI S,W t NEh OIL,, s~ 1 _ _ rd E er 8ilib kc nVin% 1xi UAW Page 1 of 1 scUA0 ~ vitae _ ~4 TOWN OF SOUTMZpw PROPERTY RECORD CARD .1 ER - 6TREET L~j YQ VILLAGE t"ST um LOT apln ad Green Dr+ iU ATM. l .z I{ RlMM1kA SC{ TYPE Of OLD, u.s vnGV• cuss 7; ~f~ • ~97L233 {~r_ fj {~I~J_ t• a:rr.~~ LAND' YMP TOTAL DATE y011 o p,~~ S ~ Fnl. r v Q~: Iv`• ' 20A- # ;p y1 rrAdwe a ZIP2 yr n,r ---Y"-. FRONTAGE ON WATEP NOUSE+LOT Page 1 of 1 FORMER OWNER . N AOL 43l}~i/Y1Q~-PS.' ~ t. t(( ^({fR'Y. 7".pnM~ i S W - TYPE OF BUILDING - - Res StAS vt. FApAV [OraAi, f8 MIS[. MAr. VaLw LAND ihtF. TOTAL DATE REMAA'xG " T--- . - I ~ a it LILL 2fA T s o n~_ .4°.f 1-- BD ILDiNG CONDITIDN frE1M1' Np'HE1AAl OFLON ABOVE d t A~ FARM AcR Yak"s P« V.I. Acre #"-,pYR Is F q -Zw. 1 i1461e z - 7 ac., IYable 3 .nZ Y a p FRONTAGE OFi WATER ez NltiSs~Ee}dd _ 1 PROhFTAGE GN RMO .P" DEPTH _ f - WL046ADSlat Fla 0o Y O 1 t` co x z 500 fn ,r s...a. nd POCK Ca. Ci. so u o 3'j ad ~ .Y) nn Page I of 1 ^ CCum TRIM. - - - - - 7 arkn....dr 3 --.RD ! Fcuxlotlpn both ~IYF,enR '_~1 Gr3~jc-?i=+LS Howm°n+ - IewT K. d eA.'a ~ _30 13- "T WOlb IipvrMr Pripet LA ne"!- 7- - A. Fin Pgae ER, yPR Raul Roams ht Fkar ER patndpn Roan Raemt4nQ FVpa fIN. 8 Page 1 of 1 AVNER 41LLhGE osr -wa. 447 a+«. o. at1 NER ~ STREET _ _.T F'L"ER OWNER N 1 E ACE, R2 TYPE OF BUILbfW iX ~SEAS. r r >,N„ FAFh{ COMM. Co. MICS. Mill, 'HAW _4 6ANO IMP, TOTAL DATE REMARKS ae>, o" d r ri3..-.. ,.f v 2 _a_ a •L a . c ~kf, x1l4_ 3ti~_, ~.d.1`- ~-'T 3r S-Yb• -Jr' .__._~~_a ^1} i"~ YYS _ _3 S"~_' _--t'-- i It r ~9 • r...{.u'L:.' . -70 Aa a1RLOING CMDCMN - a vEW NORMAL 86i.OW AaOVE 3 ,Yp L ' F_ In L't1 imm L~'llbt. t~ .~_L• ARFA AFr• Vd;e Px Yokvt F<rr E - .IIWk R4NTAFE ON WATER `j 4aF Rio -.L.o.1 _t..... .i,e~. /mdtand FRONTAGE ON ROAD puu Plot a€a.KHEAV OIXK Page I of 1 { F SOUTHOLD PRbTY'E R16C4RD s CARD A N~44~1 7419 OWNER YFLLAG€ oLS'G_. St7F. N E . rY<YIK :nrxhl 4 ranr°' , J. y~.Ye•w a S W TYPE OF 7imr- Oc 4.•. T- Fir,,' 1:.> 8ES SEAS. VL FARM COMM. C8. MKS, Mkt, Vt LANG IMP. TOTAL DATE REMARKS 4~-•L!lb;~P~d.i~r5!rl,~',rr.G~rA`rF,.. n.F . NG96 r dTS- ~i'~ A ~ ~s:fidrLF.+tE:~r( ~°'o? dr? .'?31982 oRni ocup-7~•p686Li_-. tli8~ OA17 TYTa CO ~ o5a/Ds4CR1F4fE8f !]C6d 5 YS rl SWIM PBRILIS a[PA(~EAa'EAGB 8Z_---._........~• 5/15111 URNI R"A'R 944'['M WS 79163 5 1. rnNIT MMM..M 19 It 928 CBTSA43r GA TEtdil. j3 d" 6115f96 I UV. W a6w 2 -l~].6~1 a[ue/a6 PAST RiP`XE srlam7w Eit9oRAL coTrA- MROdPVrloid Page 1 of 1 (-t-7-1"t?'!'i"'t 4IN..~6-F~-B-OU ~y~~~1.......,..._. • _ s;'- HOED PROPERTY RECORD CARD CAF FTFEET ~ vYlLAOE IRS SUBv ~LOI . r. .N! a.AS.".~e_._. _ ACS j RFMMKS L e TTPE w eLO r_, r'ecrf} crrlrr` fn, rt-0`{ ~:Ct~nxr' txFP ` TMP~ TOTAL OATF y LI7O 3Q~ d• r'll X, (.~idTr #H'd[ !da 9 64' 7 tr P! ?7ddrz 2/3/ 31LL. ~ta3.,"aW rF r 9,t _ ww-l 4 , S @.F ~'...xx1 z F - k' - Alf1 !M1J'2~5.-.-_.. 44 BP3~h2y705, rem-; Bf'>~ a Jda4 _ Rte- g31p~_. RM+cs Bari tL _ j R 6 $P - 3I'~'`_r11y[h ~~S;r #Lei Iola W, K k y r s Pir4YT_- 06PSN BP Sf K++ Shl[ MEh OwLAH - _ E BUI.KREAD I ~ b. CrJS!~[ p _ . 4 !d S Bp 341 mkt! u a ec -cdf7aP.ixi Page 1 of 1 SCrUA at TOWN Of SOUTHOID PROPERTY RECORD CARD Nr, STREET (.5j (r WLL.ADE D14T. SUA LOT .~w.Y..__ C- ux. , J 1. x. , din K ad "IS YeErI ~r*?< tb Af1i..z, REMARKS Sec TYPE O* BID r v'r= PROPG-AESt 2L S - CWL--f IL~t' ~x4 r.n 51 LAN- D IMP. aaTOTAL DATA _ t~ (!D pr~ f~:~ Fh1ea A.' -i. d iii • " ~ i•l~'• ? 10. x N IfJ.- ,#(l+~JS 3a? ~?~i1~ a J b~ t, ..1.' FROHTAGEMI-W HOUSE +LOT Page 1 of 1 r W 41 k • ,l COLOR ~ f t-_ _ . I i I . IAIM ~ _ - ~ - a r 40 x n rvu,r 4 Kbrw 9N1. / Waue; ER~M111Y1 R.4 (SrafS Flowa 3 46 K F Imd3rY! &t Walk c= Iarrbr Pln >H I-` LR. TWa Nool RWn'i9 iri r'kw~ h <h 1t f -l+- ._r33? rwNun Roane br.lFlm FIN N..:. rlAi~ 4.9fuJ 7, °51• lay.' i Tad I ~ 4 y r oY: r- r-a http://24.3 8.28.228:2040/weblink7/lmageDisplay.aspx?cache=yes&sessionkey=WLImag... 10/31/2013 ots or coat t w."" ' 62 - 5- 59. tv "M -.X! ' i. a'.:% so- Y•-3•F Ili. j • S • „ S3_ 3-lad0 ftCSybit°ex Az= w 5 1- 3•f•a ® $3-5-3 Ilya: s3 - S-3 .~i. a 33- S - b 31, jy .Lr •~.t v l 4'a•-44.5 53 5 12.Y • 5+-.1- 40.1. e' ~r v + s3 -4-4rt 5:7 - 1--35 y 53- 4- E 2r o ' S3 S~- I-39 % .X v v o : y a - 4E- 44.36 Jr3 - l { ,.-s......- ® 'R ;r a ? 5 3 - w.. 4.4. 40 7c v v 53-444.6 * o w 5s- 4 - Ot6 i~ x 1 6g - Lt /gyp F~ z• 63 - 4- µ•a.11 51-4 %44,3: MW i \ 3._ 07 FF, ~ 3 FF 3 FLOTTEPON RESIDENCE co >,2 F F . s : , ra) . 2g FF \ f '1 x 7.- s 5TE PLAN BA~ ON SURVEY BY YOUNG AND YOUNG SURVEYORS k ~O 1, FOR BREE21'~,HORES COMMU IT SCTM NO 1000~- 5- 05-12. DEC. 30 2010 4~7 Y i 4•. 1 " - 20' 398 f Kc ,f R 1. E,, V ~c r17; ~x . PEe a:z fARvYEATriEK F(3L r~5 ifiF`~~, kNC 2C9 3A" AVENUE ly - c ENPOKY N , i 1944 C ~~~a~~ a"~ ~ ? * 63I-'-7U. (Pa=e.. -~7?-Og?3 OCT z.~ l ' C)FT PO1\ 01 2013 s 10 1 2" 1 2•_G" 1 2•. 5~-3" 51 5.F. ADDITION Q NE!N 24" 50. I NEV? F'4" 50. NEw 1 •3^/ WINDCN/ IN N?IDE DCOR I W~NDOW iN 1 CENTER OF CENT AI t. NE`N WALL NEN/ WALi.. REMOVE 1 EXISTING WALL. I I REMOVE 53 F REMOV` EX151ING CIELING IN EXI5TING - Tn15 .ALA. WALL. I I REPAIR a PAINT EXF05ED III RELOCATE EXISTING 51 PJCTURE. /y m WINDOW TO CENTER OF / I..I p WALL u _ ° `Y Rfanovf NEw z6~ I I j C:I OSEi WIDE DOORS n\' ~_LL.., KELC?CAir 1 el ee;. PANE I_ counlTFR ~ _ -7 NOTES: FRIG RELOCATE iu WINDOW ON TOWEL 9AR EXISTING 5.F. (ENCLOSED) 680.8 SF L EXISTING S.F. (DECK) 37.8 SF O O x r --BATHROOM TOTAL EXISTING 7 1 8.G SF O O PROPOSED ADDITIONS _XTEND BEDROOMS: 1 04 SF 9 Ba.TIIROOn." NEW DECK (EXCLUDING STEPS) 4G SF ENCLOSE N ROOF O`iER _ `X15TING FNGLOSED --1 DECK PoRcrl. TOTAL NEW CONSTRUCTION 150 5F \ (2) NEW z4 5`" NO CHANGE IN ROOF LINE RELOCATE Fx15TINr „ wlNO xr .s As 5HO'NN STRUCTURE TO BE RAISED APPROX. 24 DOOR AS NOTED - 3'-3" O a 1 NEw 2^x=r PROPOSED HEIGHT GRADE TO ROOF RIDGE: APPROX. 1 G'-G" 57UD `NALI_S. REMOVE ENLARGE DOORWAY cLOL,ET J A`_ s oWN NEW STEPS TO EXTEND APPROX. 4'-O" CLOSER TO WATER (MIN. AS REQUIRED BY CODE) 46 5.F. ALL NEW EXTERIOR MATERIALS SHALL MATCH EXISTING RFMIOVf MISTING T:IELING IN I c c Tr115 AREA, REP'A'R t FAINT EXP05ED i STRL!C?URE. p I { w T i I ~I tGAaK'~??aCFTiE ,~EPEDAgCyi +,yV'F 3V i'"ERSON, X51. -''V T~ p TAIL'1 :'.~~iG UNDERTHE E. m APTT ' OFf LICENSED eAf'V-T, TO ALTER ANY * o Y4!S DRAWING LN ~ A r YA ~~+oaez~D ( , 9 Q A~%' t r, A ) ly p F ' AI-CURDANCE ` o cN .0 • GROUND FLOOR 205BAA GPE-_NPORI, N.Y. ' i 04t A I G3 -477 °752 ;Fax) 631 ,477 Q.)7. 5CA!-f : 1 !4 1 '-0° FIO E:~ON EXISTING EXCEPT AS NOTED T i n _ I u L xo lEg I ELEVATION ELEVATION j RECEIVED F _ [C P.ICf:~f t fFCLO%f%5!:F .N I Get-T' C1 j 31 2013 ®rr~mrtril r~T77 rrrmi -rrii IS BOARD OF APPEALS I I - ELEVATION I ELEVATION I WP.TER 510[ A 5.ensr ,157!:.6 5TRU^URF ON I•IF'di FOLN!C4TIO1'! E CEPI' AS I1101CA7C. PE~ARGH/ Leo - ~ti.I c t F,R..`EAITff:R DE N -s a < j r,• sRp Fc U.' }:E lpy 2C5 BAY AJCNUE Cn"_CNFORt, Y 1 1944 63 1 -477 975 .2 tr=a=~ - .477 0973 # 4 "x4" WALL CONSTRUCTION. EXPOSE RAFTS 24"0 EX SED ERS 2 " O.C. "x4" W L 2"xG"@ I G"O.C. z" CDX OPEN ORAGE REA ONST CTION. PLY 5HEATHING SPLIT 5h1EET ROOFING. 12 - -13 REMOVE EXISTING STORAGE REMOVE EXISTING CEILING, REPAIR AND CEILING, REPAIR AND 2"x4" WALL PAINT EXPOSED PAINT EXPOSED CONSTRUCTION. STRUCTURE. STRUCTURE. O PROPOSED FLOOR ELEVATION 9.0' NEW P.T. 8"x8" BEAM5 BASE FLOODPLAIN ELEVATION G.0' EXISTING AVERAGE GRADE 5.5' 6"x I G" BLOCK 4'-O" BELOW LOWEST 0 EXISTING GRADE ON UNDISTURBED SOIL. 8'TFi. SLAB. 8"TH. SLAB. 8'TYi. REINFORCED POURED CONC. SLAB (WITH 6/6 x 10/10 W.W.M. GALVANIZED). i S E C T I ON X04 1 "BROwc~ S.EAST SCALE: 1/4"=1'-O~ A ~ Imo" 1 EXISTING STRUCTURE ON NEW RECEIVED OCT 31 zoll FOUNDATION EXCEPT AS INDICATED. . ; 16 NOTE: BOARD OF APPEALS 7ATF HOUSE TO BE RAISED APPROX. 18" ABOVE EXISTING. ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE w GREENPORT, N.Y. 1 1944 - 631-477-9752 (Fax) 631-477-0973 ' FLOTTERON ry 09/27/2013