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HomeMy WebLinkAbout6729 Ao, �actt a �� F i YAK Dev�S i vi pa✓t, ov-"-F ' pa✓f ``'/C,a�� BOARD MEMBERS so Southold Southold Town Hall Leslie Kanes Weisman,Chairperson �� yO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dames Location: Gerard P.Goehringer C1* Town Annex/First Floor,Capital One Bank George Homing 0 • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyCO(f fit` Southold,NY 11971 http://southoldtown.northfork.net RE E� l ED, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APR 2 5 2_04 Tel.(631) 765-1809•Fax (631) 765-9064 Q SA hold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6729 NAME OF APPLICANT: Vincent Bertault PROPERTY LOCATION: 95 Navy Street(adj. to Willow Street)Orient, NY. CTM#1000-26-1-12.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 19,905 sq. ft. in the R-40 Zone. The northerly lot line measures 65.93 feet along Willow St., plus 54.53 feet along an adjacent residential parcel. The easterly lot line measures 154.15 feet along a residential parcel. The southerly lot line measures 103.57 feet along Navy St., and the westerly lot line measures 207.70 feet along another parcel. The property is improved with a single family dwelling, and two accessory structures (a barn and a shed), as shown with the existing, and the proposed, new accessory structure locations, on the survey drawn by Peconic Surveyors, P.C. dated Dec. 12. 2012, and the site plan A.1 drawn by Gary R. O'Connor, dated Oct. 18, 2013. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's October 15, 2013, Renewed January 24, 2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed, at; 1) accessory barn and shed proposed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to move two accessory structures from existing nonconforming front yard locations, to a new nonconforming front yard location. The code requires all accessory structures, except in the case of waterfront parcels, be located in the rear yard. ADDITIONAL INFORMATION: The applicant's property is a through lot with frontage on two streets, and therefore has two front yards and no rear yard. The subject barn is estimated to have been built at some time in the 1920's, and the shed was also built at some time prior to the enactment of the Town Zoning Code. The applicant wishes to preserve and restore both accessory structures and to relocate them to eliminate the current need to drive cars over the existing septic system and to create more open space for gardening and recreation in the center of his property. The file contains two letters of objection submitted by an agent of adjacent neighbors stating some concerns regarding the applicant's proposed project. The neighbor's agent submitted written information on the history of the subject property. The applicant's proposed project is subject to the review and approval by the Town Page 2 of 3 April 17,2014 ZBAi16729—Bertault SCTMN 1000-26-1-12.2 Landmark Preservation Committee. The applicant submitted a letter dated March 13, 2014 proposing to relocate the barn with a 25 foot front yard setback from Willow Street instead of the 20 feet setback as originally proposed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variances to relocate two accessory structures, an existing, historic barn and shed from pre-existing, non-conforming front yard areas into new, non-conforming front yard locations will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's property is located in an historic district that includes numerous buildings, including both principal dwellings and accessory structures, with non-conforming setbacks; all situated in locations that pre-date zoning. Many accessory structures are located in front yard areas. The average building front yard setback on Willow St. is estimated to be approximately +4 feet. The average front yard setback on Navy St. is estimated to be approximately +17 feet. The applicant proposes to re-locate the barn with a front yard setback from Willow Street of 25 feet and the shed with a front yard setback of 39.6 feet, and a 15 foot side yard setback on this irregularly shaped lot. The subject structures have valid pre-existing CO's, and the applicant's project must have the approval of the Town Landmark Preservation Committee. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's property is located between two streets, creating two front yards and the parcel has no conforming rear yard area. Therefore, the re-location of the two pre- existing accessory buildings to any other on-site location requires the granting of variances. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the accessory structures proposed front yard locations, instead of code required rear yards locations. However, this is mitigated by the fact that these two structures already exist in non-conforming front yards because this property has two front yards and no rear yard location in which to move the structures, and also because of the pre-existing non-conforming status of these two structures each with a valid CO. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel in 2005, after the Zoning Code was in effect, and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of moving two pre-existing, non-conforming accessory structures to new non- conforming locations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, to GRANT,the variance for the shed as applied for and shown on the survey drawn by Peconic Surveyors, P.C. dated Dec. 12. 2012, and the site plan A.1 drawn by Gary R. O'Connor, dated Oct. 18, 2013, and Page 3 of 3 April 17,2014 ZBAk6729-Bertault SCTMH 1000-26-1-12.2 DENY,the variance request for the bam as applied and, GRANT ALTERNATIVE RELIEF, for a 25 foot setback from Willow Street for the accessory barn relocation, as proposed by the applicant in a letter dated March 13,2014, subject to the following condition; CONDITION: 1. The granting of the variances are contingent upon the applicant securing the approval by the Town Landmark Preservation Committee for the proposed project, if the application is denied by the Landmark Preservation Committee then this decision shall become null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applyim for a buildine permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan or survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dames. This Resolution was duly adopted(5-0). c�L Leslie Kanes Weisman, Chairperson Approved for filing /a� /2014 Y Gary R. O'Connor-Architect,u.c 8 Coryell Street, Lambertville,New Jersey 08530, 609-397-3635 March 13, 2014 FINAL MAP ��a� REVIEWED BY ZB Zoning Board of Appeals BA a . Town of Southold SEE DECISION #(p2_ Town Hail Annex DATED 1_�2/_aLl V Iv1AR 19 ?(414 53095 Main Road Southold,NY 11971 Re: #6729 - Bertault Residence Accessory Building Relocation (VIA EMAIL and US MAIL) Dear Chairperson Weisman and Board, Mr. Bertault and I have received and reviewed testimony (pages 26-32 of 33) from the J. and J.Woodhouse #5218 Sub-Division hearing as forwarded from the office of Patricia C. Moore. We respectfully fail to see the relevance of this testimony as it pertains to our particular case. We understand there is concern for the well-being of all existing structures on this property. As per the testimony at the hearing, Mr. Bertault shared his vision of restoring the barn to its original integrity and character. It is not uncommon in preservation history for older structures to be repurposed and/or relocated. As such, you can see on the website of The Oyster Point Historical Society, the stories of several buildings which have been relocated for various reasons over the years. In reference to Ms. Moore's letter of March 5, 2014, we would like to comment as follows: 1. Comment: Setback variance from a"front yard" which requires a minimum of 35' when 20' is requested. Response: It was reviewed during the hearing that the survey indicates an average setback of buildings along Willow Street to be 4.1' where we provide 20' which we believe to be a reasonable distance given the location of similar structures in the neighborhood. 2. Comment: Accessory Building Exceeds maximum size permitted of 660 S.F. and exceeds 18' in height. The barn is 850 S.F. and the height is not provided. Response: The barn is a pre-existing non-conforming structure. The height of the building appears in two locations. On Drawing A-1, under Zoning Computations the Existing and proposed height is indicated. Additionally, on Drawing A-3 the height is indicated on the Building Elevations. 3. Comment: The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which requires the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. 0 Zoning Board of Appeals 1R March 13, 2014 Page 2 of 2 Response: As discussed during the hearing, the barn shall be used to house a vehicle and maritime equipment. The proposed finish floor elevation is 7' where it is presently 6.1'. While 7' conforms to FEMA regulations, it does not conform to local regulation requiring (2) foot of freeboard. It is my understanding following a conversation this week with Mr. Michael Verity of the Building Department that a 7' floor elevation would be permissible provided the building walls received flood vents. Mr. Bertault prefers not to have flood vents on the barn walls and would prefer to amend the proposed finish floor elevation to 8'. In doing so, we also propose the adjustment of the street line setback to be a more favorable 25' in lieu of 20' originally submitted. The adjusted barn height will be 18'-9" above finish grade to the ridge for the elevation facing Willow Street. The top plate of the barn side wall is an average 13.9' from grade as grade varies from east to west. In closing, I would like to reiterate that the rational to relocate the barn resides with the Owner's stated goal of restoring the barn, eliminating vehicular traffic adjacent to the house/across the septic system and for the simple pleasure of creating quality open space in the center of the property for gardening and the Owners enjoyment. We trust the Board finds this request for relief to be just and reasonable. Sincerely, Gary R. O'Connor, AIA Architect Cc: File Mr. Vincent Bertault, Homeowner FINAL MAP REVIEWED BY ZB SEE DEC ION # DATED /� / 9 AREA= 19,905 SOTT. N SURVEY OF PROPERTY AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-26-01-12.2 SCALR 1'= 30' DECEMBER 12, 2012 APRIL 25, 2013 (LOCATED WALL) CLEL. 4.Y WILLOW `45` STREET N8 -28'30'E 65.93' EL5.2' LOCUST FE•1.e's, EL.4.2' 1.6'W. I 3 s 44* 'REE p N 101F JOANN T. & 1c°E°N"a`D WILLIAM H. GESELL 18• HOLLY I h 16• HOLL FE.O.2-W. M � I N8956'00"E 54.53' MON.0.2'N Z 1�jj�E EL4.9' STOCKADE FE. — .1.°M. 0.4'E. 1 6M 10'TR 6.6 A, TREE 1 15NMITE FE.O O Lot 02 BIRCH • I 1 50' BEACH TREE . 0 N O 12 B'TREE wAU 16'EYER9REEN SHED Lot 01 <;^� ✓ 0 to 11 EwxoREO1 8-7m rn STY. 1� N FRAME N (� BARN W Z M M POND 2.28 yx O 24• CEDAR 5. 10.4 R �MC.WALL t— JAN 2 8 2014 1�4 a + N 10.4' 4•TR�I� v U11LR00N' ,� NW W 1 H� 13•TREE Ul ,t ur 6.7' _____ 0 94 FLR. 19'SPRUCE 4.4 2 STORY + -O (F ESE so � It Fy,.6.5'7 MO/L . 6' r 9 16.6 2YTREE 19• E is��. 126.23 O %cKET FED EL.a 1 9p '49'40"W S869820"W 85.71' V 17.86' CLEL vp CL.E4 STREET 5.4' � s NAVY 4.8' REVIEWED BY ZBA = MONUMENT SEE DECISION # a2 DATED / /7 / � ! ELEVAnONS ARE REFERENCED TO N.A.V.D. ��Q� NELyy� Lot ®'s refer to SUBDINSION MAP FOR JOHN H WOODHOUSE y�P a�.tv;.crZ^ AF & JERILYN B. WOODHOUSE' FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE �• ten; ON APRIL 19, 2005 AS FILE No.11245. NOTE: PROPERTY LOCATED ENTIRELY IN AE6 ZONE FROM FIRM. No. 36103C0068H 9/25/2009. 49618 ANY AL7ERA77ON OR AD0177ON TO THIS SURVEY IS A KOLA77ON No.49c"• OF SEC77ON 7209OF 774E NEW YORK STATE EDUCA77ON LAW. lC SURVEYORS, P.C. EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICA77ONS LAND 1) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES ]HEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 F12-279 Gary R. O'Connor PROPOSED BUILDING RELOCATION 102CNol North Union Street ¢�(p�y zD� ' Lambertville NJ 08530 \ lV - ; • . f for the Phone: 609.397.363 BERTAULT RESIDENCE PROJECT DATA TAX MAP ID, 100b26-01�12,2 LOT# 2(LOT#REFERS TO 95 NAVY STREET, ORIENT, NY 11957 SUBDIVISION O`N$UFF°LK°°.°`ERK'$°FE°E APRIL 19,2005 AS FILE NO. 11245. ADDRESS, 95 NAVY STREET ORIENT,NY 11957 ZONING DISTRICT, R40,RESIDENTIAL LOW DENSI7YAA ABBREVIATIONS ARCHITECTURAL LEGEND 6 PROPERTY ENTIRELY IN AREA=/) _ 19 905 SQ ri T CL.EL. 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Rain Water Leader ENTRY FROM IMLLOW STREET. ADJ. Adjustable FDN. Foundation MH. Manhole R&R Remove&Replace — AGGR. Aggregate F.E. Fire Extinguisher MIN. Minimum PROPERTY LINE EL rj,2 AL. Aluminum FGL Fiberglass MIR. Mirror S N85 '-2B O E 65 9T 5"LOC ST X _ RELOCATE 18" HOLLY ALT, Alternate F.H. Fire Hose MISC. Mian,laneous - - CENTER LINE - AMP. Ampere F.H,M.S. Flat Head Metal MLD. Moulding SA R, Supply Air Register �(� I 0 0� FE'W— & ANOD. Anodized S. MOV. Movable B.C. Solid Cate x p0 1.6 W' APR Apron F.H.W.S. Flat Head Wood MRB Marble S.C.D. Seat Cover Dispenser SSA" DIMENSION TO FACE OF BLDG. SE BA ¢,'Q' , Z to APPROX. Approximate Screw MT. Mount(ed) SCHED. Schedule STRUCTURE ¢.1' AVERAGE ��xEL. {} "TREEI O Nms " ARCH. Architect FIN. Finish(ed) MTL Material SCR Screen ON WILLOW STREET i 0 A 1 O ASPH. Asphalt FIX. Fixed MUL, Mullion S.D. Storm Drain RELOCATE 16" HOLLY >0 in Cv ZONING COMPUTATIONS AS.T.M. Am.Soc.for Testing FL. Haor MWK Millwork SECT. Bectian WORK POINT FLASH. Flashing SH. Shelf(Shchas) POINT/CONTROL POINT m� 22'-I a G AUTO. Automatic FLUOR, Fluorescent SHO, Shore(d)(ing) 16 'WILD REQUIRED EXISTING PROPOSED AF.F. Above Finished Haar F.O.C. Face of Concrete SHT. Sheet SHTH. Sheathing DOORSYMBOL AT.C. Above top of F.O.M. Face of Masonry N SKL Skylight ' I , 1e.�I �_\ CHERRY x CV LOT REQUIREMEN'15, Concrete F.O.S. Face of Stud SL Sliding �BatLY tp• �I U) MIN.LOT AREA 40,000.S.F. 19,905.S.F. NO CHANGE B F.O.W. Face of Wall N North SL Similar _ I Bis I I MIN.LOT WIDTH 150' 103.57' NO CHANGE BD. Board FPL Fireplace (N) New S.N.D. Sanitary Napkin (� WINDOW SYMBOL t BET. Between FPRF. Fireproof NAT, Natural Dispenser N —' FE.. .2'W. k BIT. Bituminous F.S. Full Stu N.I.C. Not to Contract S.N.R. Sanitary Napkin RELOCATED n I Q n r PRINCIPAL BUILDING MINIMUM YARD/HT.REQUIREMENTS, B.L. Building Line FT, Foot NOM. Nominal Receptacle l5 KEYNOTE SYMBOL V! 1 1/2 STY. I ' V v✓ vJ O U ' 5�' 5,J ' MON.0.2'N FTG. Footing N.T.S. 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Street i V -p 11 I -{� B.T.C. BELOW FIN FL G.B. Grab Bar Contractor Installed STA Station C ACCESSORY BUILDING MINIMUM YARD/HT.REQUIREMENTS, CONCRETE G.C. General Contractor OFF. Office STD. Standard C C G.I. Galvanized Iron OH. Overhead STL Steel 1 m I 2a-0' 10"TRE I -P REQUIRED EXISTING PROPOSED BTR. Storage SECTION REFERENCE 9-BZ I2'-(o —� GKT. Gasket O.H.M.S. Oval Head Metal Screws GL Gloss O.H.W.S. Oval Heed Wood Screw STRUG'F.Structural S6 15� Lot O2 18"EVERGREEN fff'''```��� MIN.SIDE YARD 20' 33.92' N C CAB. Cabinet GIL Grade O.J. Open Web Joist SUS. Suspended Z / I - MIN.REAR YARD 20' NA N9.CHANGE C.B. Catch Basin $YM. Symmetrical, _ Il L MAX HEIGHT 22' 18,75'/1.5 STY 19.75'/1.5 STY CEM. Cement GRT. Grout OP. Opaque SYN. Synthetic CER Ceramic GVL Gravel OPNG. Opening SYS. System I CU.FT. Cubic Feet GYP. Gypsum OPP. Opposite S. South DETAIL REFERENCE 50" A T EE I 12.Jr I 8"TREE h' A` 660 SF 1073 SF NO CHANGE C,FL Counter Flashing GSM Gavanized Sheet 5.6 I SHED C.I. Casa Iron Metal CLG. Ceiling P T N CLKG. Caulking \ N A H PAR. Parallel T. Tread 2 a oo SHEET INDEX CL Closes T&G Tongue&Groove 12°TREE ,,,.�.' CLR Clear PART. Partition T.S. Towel Bar 1 PHOTOREFRENCE I I D 5.0 CNTR Counter N.B. Hose Bibb PAV. Pav(ed)(Ing)(ement) T C. To f at H.C. Hollow Care P.C.C. Precast Concrete p Lot I _ C.O. Clean Out TEL Telephone f' HD. Head P.C.F. Pounds per Cubic I Co 4"/6" COL Column HD. Header Faoe TEM. Tempmed / 11 EXISTING TREE TO BE 1\+-vr.) 0 CONC. Concrete THERMOThermoemt 10.7 SHEET DESCRIPTION CONT. Continoue HOW. Hardware PERT. Perimeter THK. Thick(..e) REMOVED OR RELOCATED EXSITING TREES CONT. Contamuson HDWD. Hardwood PERM. Permanent THRESH.Thmshold 6"TREE AI TONING CO PROJECT DATA, SITE CONTR. Contract H.M. Hollow Metal PRLFAB. Pmfabrirate(d) TOL. Toleranm 11"EVERGREEN II 11/2 FRAME 0 2°'_°" HOR Horizontal P.L.F. Pounds per Lineal I O-5 ZONING COMPUTATIONS,SITE PLAN CPR Copper HR. Hour Foot T.P. Top of Pavement a C.P. Covered Pomh T.P.D. 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Invert P.S.F. Pounds per Square UR Utinal IIICn p �l 72 p-1 DATED � ., � b DET. Derail Foot J N 2 8 2014 D.E. Douglas Fir, P.S.I. Pounda per Square v t��� PJ 10_4' 50' FRONT YARD SET BA Drinking Fountain J Inch — Y l— 4'T E DIAG. Diagonal PT. Paint(ed) V, Valt - - DIM. Dimension J, Joist P.T,D. Paper Towel Dispenser VAC. Vacuum �I w 13. ro WELL 00M I, :;;Lli.!, lil- DISP, Disposal JAN, Janitor P.T.D./R Paper Towel Dispenser/ VAR. Varnish RIGIDIINSUL. ROUGH WOOD � o UTIL.R 13 D.L Dead Load JT. Joint Receptacle V.B. Vapor Barrier 10.1 DN. Down P.T.R. Paper Towel Receptacle VERT Vertical 03 STY. 5.2 I {� DP. Dampproofmg P.V.C. PolpVinyl Chloride VEST. Vestibule — - N T , DPR Damper K V.G. Vertical Grain , DR Door Q VIN. Vinyl H'SE. DS. Dowrupoor K. Kip(LOGO lb.) VNR Veneer �� J DW. Dumbwaiter Q.T. Quarry Tile V.T. Vinyl Tile KIT. Kitchen BLOCKING ELEVATIONSTONE t 13"TREE DWG. Drawing KO. Knockout Y' ��1 6'7 N KP. Kinkplate W 14.4' \ SEPTIC E Draw. A W. West /� �ji 19"SPRUCE ZFRAME -I'- O ON NAVY STREET 01121114 D5 INCLUDE PHOTOLOCATITIO L R Riser, Air W/ With ` , 410 1 E. East R.AG. RemmAiCGrdl W.B. Wood Base / 8 1j,3 AVERAGE BLDG. SETBACK N0. DATE eY DESCRIPTION EXIST,(E) Existing R.B. Rubber Base 6.5) FE.O/L. PfV151ON5 EA Each LG. Length W.C. Water Closes EL.= RB.T. Rubber Tile GLASS STONE � 16.6 (F.FLR. ED LAB. Labomro WD. Wood E.B. Expansion Bolt n' R.C.P. Reinforced Conrete WDW. Window 28.6 COVE LAM, Laminate pi PORCH 19"TREE E.LF,S. Ext.Ins.Fin.System IAV. Lavatory pe W.G. Wire Gl.s �,� v P 22"TREE IT I5 THE RE5PON51BIUTY OF THE CONTRACTOR E.J. Expansion Joint LH. Left Hand R.D. Roof Drain W,H. Water Heater 3 ELEC. Electtc(al) R.D.F, Recessed Drinking WHA Wheel Bumper r� ■ TO VERIFY ALL FIELD CONDITIONS AND LKR. Locker Fountain .I 2 f COMPARE THEM MTH THE CONSTRUCTION ELEV. Elevation .I. Wrought /,' FE 1 - S`yJ1{ EL. 5'9 DOCUMENTS BEFORE COMMENCING ACTIVITIES, L.L.L Live Load RDWD. Redwood !� PICKET EMER Emergency LT, Light W.M. Wire ut F ERRORS,OMMI5510N50R ANY OTHER ENAM. Enamel LVIL Louver REINF. Reffrence, (ing) W/O Without FIN WOOD BRICK ELEVATION 1.1 QJ. I INCONSISTENCIES DISCOVERED SHALL ENC. Enclosure REF. Reference W.P. Water Proofing 6' r�Y-1 " 14/ U ENGR Engineer LBL Label REM Refrigerator W.S. Water Stop VV VV E.P. Electrical Panel REG. Register WSCT, Wainscot )� EL. n ��� -fig �- IMMEDIATELY BE REPORTED TO THE ARCHITECT. EQ. Equal M REM. Remove WT. Weight �- � tRq-J O EQUIP. Equipment REQ'D. Requited W.T.W. Wallto Wall tr= Q CL�EL' I'RO]ECTNAME EST, Estimom MAS. Masonry RES, Resilient W.W.M. Welded WiteM.h �a 8 r EXC. Exravare MAX Maximum RET Return Y ,� r� � �� 5.4' PROPOSED BUILDING RELOCATION EXR Exposed M.B. Machine Bolt REV. Revise(ion) BATT BNSUL /� CL.EL. for Cite EXT, Exterior MBAR Moisture Barrier A.F.G. Roofing YD Yard 7 BERTAULT RESIDENCE EX R Extruded �l NAVY V Y 4.8' ORIENT, NY 11957 �JI STREET NOTE: 51TE PLAN INCORPORATE5 DATA DRAW NETTLE PLYW700D FROM SURVEY PREPARED BY: TITLE SHEET,SITE PLAN,ZONING DATA PECONIC 5URVEYOR5, P.C. 1230 TRAVELER STREET DATE 10/IB/13 DRAWING NO. 50UTHOLD, N.Y. 1 1971 1241 DATED DECEMBER 12, 2012 JOB NO, SCALE, AS SHOWN A. 1 DRAWN DS I BY, RELEASEDTO 5 FpI T C L I L/lN SCALE: / 6" ° '_0n REVIEWED PERMIT DATE BY: G.R.O'C I J Gary K. O'Connor ARCHITECT, LLC. 102 North Union Street Lambertville, NJ 05530 � �'� NYLIC`. 02055 R. Phone: 609.397.3635 °" ; 4, F. F� KF� k5, t L t { IJ y t 3 J. eJ t� v BARN / CARRIAGE I15E. #3 BARN / CARRIAGE H5E. #4 FLEI"OHER STREET, ORIENT, NY� FLETCHER5TREET C7RIENT, NY VIEW Of PROP05 D BARN LOCATION DtSTANOE FROfih EARN Tt7 THE STREET 1 21-01 fP\OM WILLOW 5TREET ijijil IS I iii IN y 1 „ re I t+r � ,t st s. ...tr 1 .• k'r f i VIEW Of PP\OPO5ED BARN 0CATION BARN,1 CARRIAGE H5f. #2 ERC I I VINCENT STREET - VINCENT STREET, ORIENT, NY DI5TANCE FROM BARN TO THE STREET 12`-O' JAN F ZDtk r 7 01l34114 pg INCLUDE J'HOT{7 LbCATlON3 BY DES£RIPT(ON IT I5 ThI!RE5FON5INUT OF ME CONTRACTOR %.- 't,;r.. s t TOvrRFYALL FIEG3CoNvmoN5AND e COMPARE THEM WfENThE£ON5MCRON UCJCIJMENS36EFORE C6MMENC7N6 A£FiVITIES, C r Tn t7t`f EKRC)R5 OMMLS310NS OR ANYOTHM INCON513TENGE5 DOCOVERED.`MNJ- A "y iii t +'t'Ylt�ri ` F IMMEDIAMYBE REPORTEDTO THE AXhffECT, PROJECT NAME tsar �' PKOPO5ffD BUILDING RELOCATION 1 Es BERTAULToRE5(DENCE 95 NAVY STREET ORIENT,' NY 1 1957_ DRAWING TITLE NEIOHDORHOOD PRECEDENCE PHOT05 BARN 1 CARRIAGE H5E. # I FRONT VIEW CAE BERTAULT BARN DATE I01Ier13 DRAWING NO WILLOW STREET, ORIENT, NY 015TANCE FROM BARN TO PROPERTY LINE I .8' �r DRAWN SCALE: '.AS SHOWN ! A. '.. DRAWN DS by: REL "ED'.TO ` L ' ATI i Phut SAP INDICATING � I I C H HA A TEP.1 T1 AND PRECEDENCE F BARN CARRIAGE HOME REVIEWED CONSTRUCTION eY. : cRO£ Gary K, O'Connor RED AqC �5 y R' N _ ARCHITECT, LLC. REAR ROOF I T-I I" ± < o'co 4. DN. FU 02 North Union Street O Lambertville, NJ 08530 Phone: G09.397.3G35 < = , TOP PLATE 2'-0 8' (E) HEATER - - - - - - - - --- (E) RESTROOM SECOND FLOOR 8'-0 8" I 1 GROUND FLOOR 0'-0" - - 1 UP0 - - - - - - - - - - EAST ELEVATION SCALE: 11411 = I'-G" _ r FRONT ROOF 18'-5' ± — L - - - - I L TOP PLATE 12'-0 8" if I 5ECOND FLOOR 8'-0 8" I I 1 I L L. L GROUND FLOOR 0'-0" — WEST ELEVATION SCALE: 1/4" 1 1-01, _ PERVIOUS APRON 51MILAR OR EQUAL TO GRA55PAVE2 BY INV151DLE 5TRUCTURE5, INC -- 1 I \ I I EXISTI NG BARN FLOOR PLAN JAN 2 8 2014 SCALE: 1/4" = I'-0" (E) DETACHED SHED I I i I I FRONT ROOF 18'-9" + REAR ROOF 1 T_1 1 II I II I LJ I 01/21114 OS INCLUDE PHOTO LOCATIONS 11 WEST ELEVATION NO, DATE 5Y DE5CRIPTION TOP PLATE 2'-0 B" SCALE: 114" = I'-0" REVISIONS - - L- - - J IT 15 THE RE5PON5113UTY OF THE CONTRACTOR BUILDING HT, 12-7' To VERIFY ALL rIELDCONDITON5AND SECOND FLOOR 8'-0�" — — - COMPARE THEM WTH THE CON5TRUCTION DOCUMENT5 DEFORE COMMENCING ACTIVITIE5, 8 - ERROR5,OMMISSIONS OR ANY OTHER L FIRST FLOOR PLAN MME"ATELY01E REPORTED TO THEA°RCHITECT. SCALE: 1/4" = 1'-0" \ PROJECT NAME PROPOSED BUILDING RELOCATION y for BERTAULT PE51DENCE 95 NAVY STREET ORIENT, NY 1 1957 DRAWING TITLE GROUND FLOOR 01_0 PLANS 4 ELEVATION5 1 fill DATE IQ18113 DRAWING NO. SOUTH ELEVATION I 241 A . 3 JOB NO. SCALE: AS SHOWN NORTH ELEVATION _ SOUTH ELEVATION 5CALE: u4" = 1'-0" 5CALE: 1/4" = '-o° BY: °5 BY: RELEASED TO SCALE: 1/4 - G U I--I REVIEWED CONSTRUCTION gY: GROG 91 N MAP SHOWING SETBACKS AT ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. I 1000-26-01-12.2 SCALE.• 1'=40' STREET APRIL 25, 2013 e WILLOW _-- AVERAGE SETBACK ON WILLOW STREET=4.1' 1 1 1 1 G � 9 1 1 1000-�-01-12.2 I ou �+ I HOUSE 1 HouSE °'- "NSE AVERAGE SETBACK ON NAVY STREET=17.3' '�- V1 NAVY 3E�G1 "SAN 2 8 2014 L/C. NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A NOLATION �^^"Ib 4cn t8 ONIC SURVEYORS, P.C. OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. c71 J 31 765-5020 FAX 631 765-1797 EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CERTIFICATIONS *Ah `✓ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 12-279 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: October 15, 2013 RENEWED:January 24, 2014 AMENDED: February 21, 2014 TO: Gary O'Connor, Architect (Bertault) 102 N. Union Street Lambertville, NJ, 08530 Pease take notice that your application dated October 24, 2013 4ECEIVEL' For permit for relocation of an existing barn and an existing shed at FEB 21 2014 Location of ro ert : 95 Na Street Orient NY P P Y �'ti' 3r1A,R!a OF APPEALS County Tax Map No. 1000 - Section 26 Block 1 Lot 12.2 Is returned herewith and disapproved on the following grounds: The proposed relocation of two pre-existing accessory buildings on this non-conforming 19,905 square foot lot, with two front yards is not permitted pursuant to Article III, Section 280-15, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear ay rd•„ The proposed accessory structures,although currently located in the front yard, will be moved to another front yard location. In addition,the proposed construction is not permitted pursuant to Section 170-8 of the Southold Town Code. The proposed construction is subject to Landmark Preservation Commission approval. This Notice ofDisgpproval was amended to reflect the need for Southold Town Landmark Commission approval. ------ ---- ------------- Authorized Signature Cc: File, ZBA FORM NO. 3 RECEIVED TOWN OF SOUTHOLD // ^ �I ,JAN 2 2014 BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: October 15, 2013 RENEWED:January 24, 2014 TO: Gary O'Connor, Architect(Bertault) 102 N. Union Street Lambertville, NJ, 08530 Please take notice that your application dated October 24, 2013 For permit for relocation of an existing barn and an existing shed at Location of property: 95 Navy Street, Orient,NY County Tax Map No. 1000 - Section 26 Block 1 Lot 12.2 Is returned herewith and disapproved on the following grounds: The proposed relocation of two pre-existing accessory buildings on this non conforming 19,905 square foot lot with two front yards is not permitted pursuant to Article III Section 280-15 which states "In the Agricultural-Conservation District and Low-Density Residential R-80 R-120 R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear av rd.,' The-proposed accessory structures,although currently located in the front yard will be moved to another front yard location. i -- -- -------- orize Signature Cc: File, ZBA Fee: $ Filed By: Assignment No. 2 0' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 95 Street Navy Street Hamlet Orient SCTM 1000 Section 26 Block 1 Lot(s) 12.2 Lot Size .46 acres Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 01/24/14 BASED ON SURVEY/SITE PLAN DATED 10/24/13 Applicant(s)/Owner(s): Mr. Vincent Bertault Mailing Address: 95 Navy Street, Orient NY 11957 Telephone: 917.667.4166 Fax: Email: vbertault @yahoo.com 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: Gary R. O'Connor,AIA-Architect for(X Owner( )Other: Address: 102 N. Union Street, Lambertville NJ 08530 Telephone: 609.397.3635 Fax: 609.483.2608 Email: oconnor.architect @verizon.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()o Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 10/24/13 and DENIED AN APPLICATION DATED 11/15/13 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 26 Subsection: 280-15 Type of Appeal. An Appeal is made for: ()o A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( ) Reversal or Other A prior appeal( )has, (x)has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# .� JAN 2R 1014 r REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): - -' 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The neighborhood already is characterized with existing homes, barns/carriage houses which are very close to the street. The loop formed by Willow,Vincent and Fletcher Streets has 4 such barns/carriage houses within feet of their street front property lines with the nearest on Willow St.@ 1.8'from the property line. (please refer to photo map provided). We propose holding the Bertault Barn 20'back from the property line at Willow Street. 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: This is an existing through lot and does not have a rear yard where accessory buildings would typically be located. Technically,the present barn and shed location is in a Front Yard and non conforming.The present barn entry faces Navy St. and we propose to have it face Willlow St. so vehicles could enter without crossing over the septic system and additionally afford the Owner better use of the center of the property in the area formed between the principal building, relocated barn and shed. 3.The amount of relief requested is not substantial because: a.)As noted in 1. above,the character of the neigborhood already includes classic barns and carriage houses close to the Street and the Bertault barn shares similar characteristics of the existing barns and carriage houses in the neighborhood. b.)This Barn and shed exist and we are not proposing new construction or the addition of lot coverage with this action. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed relocation of existing Barn and Shed will not add to lot coverage. Additionally, in the effort to be environmentally sensitive, materials used for the Barn apron will be pervious to allow drainage. Additionally,the existing shed will be located on concrete piers to permit drainage beneath this structure. 5.Has the alleged difficulty been self created? { } Yes,or {X No Why: As noted in 2. above,this is a pre-existing through lot and does not have a rear yard where accessory buidlings would typically be located.Technically,the present location of the barn and shed is non conforming as the Zoning Code does not address Accessory Structures on Through Lots. Are there any Covenants or Restrictions concerning this land? W No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. • Signature of Applicant or Authorized Agent (Agent must submit written Authorisation from Owner) swodoo before me thi day of 20 Notary LAN M.Zibb Horny PWAic 8iW*rN@w kmq HaerrdarCmmy M#2WM MY CmmMm&Vim Hs0afto 6,2018 APPLICANT'S PROJECT DESCRl ,ION 4 j APPLICANT: Mr.Vincent Bertault DATE PREPARED: 01/24/14 i 1. For Demolition of Existing Building Areas JAN 2 S )014 Please describe areas being removed: Removal of the existing barn and shed foundation will bp_oerformedf ib coniuction with the relocation The existing buidling locations shall be seeded with native grass. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NA Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground)measured from natural existing grade to first floor: 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: Existing Barn has two levels and is 48.5'x 22.6'. A new concrete foundation will be built to accomodate the building in it's new location. The existing shed is 10.4'x18.5'. New concrete piers will be built to support the shed in it's new location. Number of Floors and Changes WITH Alterations: No change as the existing accessory barn and shed are existing and being relocated on the property. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2241 s.f. Proposed increase of building coverage: none requested Square footage of your lot: 19,905 s f Percentage of coverage of your lot by building area: 11,26% V. Purpose of New Construction: New construction is limited to providing foundation support for the relocated barn and shed structures. 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): There is a 1.5%slope across the Willow Street property line. The Land is generaliv lawn and garden gently sloping from east to west. The land contour is not a factor in meeting the zoning code requirement for location of accessory 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 i • QUESTIONNAIREi�y�p2 3 FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? A 2 g 2014 Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? No. 2.) Are those areas shown on the survey submitted with this application? NA 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? NA Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No. If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No. If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single family dwelling with accessory barn and shed and the proposed use is the same. . (ex:existing single family,proposed:same with garage,pool or other) Authorized ignature and Date AGRICULTURAL DATA STATEMENT iAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. I. Name of Applicant: Mr. Gary R. O'Connor,AIA-Architect 2. Address of Applicant: 102 N. Union Street, Lambertville, NJ 08530 3. Name of Land Owner(if other than Applicant): Mr.Vincent Bertault 4. Address of Land Owner: 95 Navy Street, Orient, NY 11957 5. Description of Proposed Project: Proposed relocation of existing barn and shed on the Owners residential property. 6. Location of Property: (road and Tax map number) 95 Navy Street. Tax Map ID: 1000-26-01-12.2 7. Is the parcel within 500 feet of a farm operation? { } Yes Do No 8. Is this parcel actively farmed? { } Yes ()4 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 I. Not Applicable 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applican Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 • Appendix B Short Environmental Assessment Form Instructions for Comyletin2 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 1-Project and Sponsor Information N1a Name of Action or Project: Bertault Residence-Proposed Accessory Building Relocation Project Location(describe,and attach a location map): 95 Navy Street, Orient NY 11957 (Refer to attached Location/Photo Map) Brief Description of Proposed Action: This residential property has two pre-existing accessory buidlings. A 1.5 story barn and 1 story shed which are located very close to the principal building. The Owner proposes the relocation of the barn and shed to make better use of the property. Notably,the owner desires to have vehicular access into the barn from Willow Street. Presently,there is a septic system between the barn entrance and Navy Street. Name of Applicant or Sponsor: Telephone: 609-397-3635 Gary R. O'Connor,AIA-Architect E-Mail: oconnor.architect @verizon.net Address: 102 N. Union Street City/PO: State: Zip Code: Lambertville NJ 0853Q 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Building Permit and Zoning Approval. 3.a.Total acreage of the site of the proposed action? .46 acres b. Total acreage to be physically disturbed? .05 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? .46 acres 4. Check all land uses that occur on,adjoining and near the proposed action. Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ® Residential(suburban) •Forest ❑Agriculture ❑Aquatic ❑ Other(specify): •Parkland Page I of 4 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? X w b. Consistent with the adopted comprehensive plan? Through Lot condition not addressed in plan. X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 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: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? ' X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ;�N 9. R Jntd X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b. Would the proposed action physically alter, or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ® 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? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a. Will storm water discharges flow to adjacent properties? ®NO❑ YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO ❑YES Page 2 of 4 18. Does the proposed action includ onstruction or other activities that result in the oundment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? X ti 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: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e: Gary R.O'Connor Date: 1/20/14 Signature: 1a 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 I 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?" jAN 2 $ 201 No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact 1 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, lease complete Part 3. P P Y g P �P P 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. iAN L R IIp?? ❑ 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 P APPLICANT/OWNER �i�/v 1 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emulovees.The ourvose of this form is to provide information which can alert the town of possible conflicts of interest and allow it todake whatever action is necessary to avoid same. YOUR NAME : Bertault,Vincent JAN 2 9 1014 (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 X Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agenVrepresentative) 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 Qf 20� Signature �� Print Name Vincent Bertault, Homeowner AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 0-1 YOUR NAME : O'Connor, Gary R. (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 X JAN Z S ?014 Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest' means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X 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 applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) _ A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of-Jed 20_14-Signature M - 1� Print Name Gary R. O'Connor,AIA-Architect Town of Southold • • LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for This ro osed actions that are subject to the Town of Southold Waterfront Consistency Review Law. P J P 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. "&--& q B. DESCRIPTION OF SITE AND PROPOSED ACTION JAN 2 8 2014 / SCTM# 1000 - 26-01 - 12.2 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. D Building Dept. Ed Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: We have applied for a Building Permit to relocate an existing Barn and Shed within the confines of an existing re lot"and technically does not have a rear yard. The Zoning Code requires Accessory Structures to be placed in a rear yard and techically,we have two front yards and no rear yard. I Location of action: 95 Navy Street, Orient, NY 11957 Site acreage: .46 acres Present land use: Single Family Dwelling Present Zoning classification: R-40, Residential Low Density AA 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Mr. Gary R.O'Connor,AIA-Architect (b) Mailing address: 102 North Union Street, Lambertville, NJ 08530 (c) Telephone number: Area Code ( ) 609-397-3635 (d) Application number,if any: None issued to date. Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. �} ❑Yes No Not Applicable &�a I JAN 2 R NIA Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 13 Yes ❑ No ❑ Not Applicable 0 0 Board of Zoning Appeals Application �97a� AUTHORIZATION JAN 2 R 2014 (Where the Applicant is not the Owner) j Vincent Bertault residing at 95 Navy Street, Orient, NY 11957 (Print property owner's name) (Mailing Address) I do hereby authorize Gary R. O'Connor,AIA-Architect (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Vincent Bertault (Print Owner's Name) • s FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. �`Jd 9 PRE EXISTING CERTIFICATE OF OCCUPANCY JAN No-2.-30982 Date JUNE 15 2005 i THIS CERTIFIES that the building SEASONAL DWELLING Location of Property 95 NAVY STREET ORIENT House o. Street Hamlet County Tax Map No. 1000 Section 26 Block 1 Lot 12.2 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Seasonal Dwelling built Prior to-- APRIL 9. 1957 _ pursuant to which CERTIFICATE OF OCCUPANCY NUMBER 1•30982 dated JUNE 15 2005 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 SEASONAL ONE FAMILY DWELLING & 2 ACCESSORY STORAGE BUILDINGS* The certificate is issued to_J_ERILYN B. & JOHN H. WOODHOUSE (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. B in nspe or Rev. 1/81 EO/TO 39Vd S331SANi G-10HInos TV9999LTE9 9T:TT VTOZ/LZ/TO LOCATION: 95 mw g URDW (numbar&strcot) JAN Z R M4 (muoicigaliry) SUBDIVISION: MAP NO.: LOT(S),' NAME OF()IVIYER(S): S B. OCCUPANCY: (type) (ON7lCYiCGatU) AIIMTI"IED BI° ACCOMPANIED BY: M'A VAU.ABLE: BUFF.CO.TAIL NL4P No. 1000. SOURCE OI;REQUEST: DATE: May 4, 20$`"�--- DWELLING: TYPE OF CONSTRUCTION: MM HUM py-PpESe 2 FOUNDATION: SIIH'+ 6 pOS1S M EX1TS: 3 TOTAL ROONIS; 1 CELLAR: CRAWL SPACE: BATIIROONi S : OIE �— 2ND FLR �` 3RD FLIL• ( ) TOILETROONI(S): UTILITYROOM�- PORCII TYPE: DECK,TYPE: BREY;ZEH'nl'c FIREPLACE: �•�PATIO.TYPE: DO]MSSTIC M10'1"WATFR: YE.S TYPE B:EATE $p GARAGE: TYPE HEAT; MW ARNI AIR: CONDITIONLYC �' OTHER: HOTR'ATER: � ACCESSORY STRUCTURES: GARAGE,TT'YE OF CONST.:��,STORAGE,TYPE CONST.: OTHER:_ 1090E OTHER: 10 x18 x GUEST,TYPE CONST: VIOLATIONS: CHAPTER 45&N.Y.STATE UNIFORM FIRE PREVEMTION&BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS,—B."3755-4-CM-23538 (AIDSALT) W#3/1902-CoZ309g1 INSPECTRD BY: DATE OF[ SPECTION: 12 20D5 cry r TMTE S 1:4RT:_)��� END:_ 11•(11°RL ZO/ZO 3E)Vd S331sndl Q-10HinOS T49999LT£9 9T:TT 7TOZ/LZ/TO MAK OF E*Mt< ftDW y. YA: We*- lb Srre R*#J Va.. POOCa LOCAlwN Tom. 0 0 ♦ wF � In _ � r i y AA T (1 F f I f I / of / - / ,i 1 ) Peb?#N. r I �• 5ovv VJEJU tF40PA s )"r-!D JbW go cif- of f4F-OPEPl /. 45 AM IN FV"&PVJNuO I tP 15' f#'QM l5ftyME j.tjW- 0 OWNER; vjuce q tkf 7PVC( 1- l-W RECE?': JAN % % 7114. View �� tfow. W Nf Gd1cr PAN Nom: F{t+mT sma� s 5m T 480 ASS W.GRxow,, OWW#' VINCW "TAUIt( IN OFOER- 'M CE SEE(J WrOHN lk"bphNG416S. 0 -19-14 ---t\ from Wluow s~ . 0 OWw,IC j VINCW f Bc-f-lp -f r; "Opff f MR A i iww " iww RECEIV EI JAN 2 8 2 14 OF WN + sine y, O, (5ff)Frf 0 0 owuEr-; VWAr*r( ftwfAA;t I-I°I-14 x: p r 0 0 phooto o o VIEPJ fftm Ppgv 1 GERM AcaN& sic fteAlL UNE. �a��j Gc��!%M��S Jvs-t INSIOE $IRGH'� ahtN�: ViNC�Nf 6��n-1 1-19- 14 • 11 1 -19-1.i- OWW;#L; VINGS WT bF-RTAUL-,( A?1 G 8 / /, ► N 1- 11- 14 owmr.; Vimx-m e*>zT)wj4 0 i 1 L_J JAN2a2 `.1�AtCiS f Vf- Awowo 5!w fcwArov• (laµ) E �J OmcK; VI""T Mfr7/ U14 1-M-14 ,Nti 'L IZ x'13 . yid Powm m4f or E nit emw Ap*j s�"K OF 5"r;;O ffOFA sire. I - jt, 1W oww-ft� vrNc*K befcrPUL1 0 `TOWN OF SOUTHOLD PiOPERfY RECORD CARD 1 t"�C)6-,2 __ i - 12-. Z OWNER STREET VILLAGE DIST. SUB. LOT �1f1 o Yle� ( f � it ' v� ©bchlue - FORMER OWNER J ! N E ACR.q,5' yl tglaS' S W TYPE OF BUILDING ZES. z SEAMS. VL. FARM COMM, CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS = 12-00 3(120c>3(120c> sso tit 5 2mb SOS L JZ �9L+ 5� - w 0 v [�PrIQuIIL 7>j rlrtl% ----- jAN 2 AGE BUILDING CONDITION Y NEW BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total DOCK ■ ■■■ ■ ■■■■■■NIA. SS��WSSSS■■■■■' ■■■■■ES■■ c■■ SME ■■ �SSS■■SS�ISSA 5�1��■SSSSSS s SI���■l�■■■■N■■ 'Foundation :. Interior Finish ®Pre Place �Ype Roof I . • �I���iiiff� � o a � O�OgUFFO(,�co ELIZABETH A. NEVILLE,MMC �� G.y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 COD Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICER o! �aO� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 29, 2014 RE: Zoning Appeal No. 6729 Transmitted herewith is Zoning Appeals No. 6729 of Gary R. O'Connor for Vincent Bertault the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Vincent Bertault to Gary R. O'Connor to Represent Him in this Matter, Two Pages of Pre-Existing Certificate of Occupancy No. Z-30982 Dated June 15, 2005, Thirteen Pages of Photos of Property, Two Pages of Property Record Card, Notice of Disapproval from Building Department Dated January 24, 2014, Copy of Survey Showing Property as it Exists Dated April 25, 2013 Prepared by Peconic Surveyors, P.C., Map Showing Setbacks Dated April 25, 2013 Prepared by Peconic Surveyors, P.C., Three Pages of Plans Showing Relocation of Building, Photos & Elevations Dated October 18, 2013 Prepared by Gary R. O'Connor-Architect LLC. i f ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1 /28/14 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6729 Bertault, Vincent 203 $750.00 JAN 3 0 2014 ? Gerk ou $750.00 By_Ic_ Thank you. * * * RECEIPT * * * Date: 01/29/14 Receipt#: 162836 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6729 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#203 $750.00 O'connor, Gary R Name: O'connor, Gary R 8 Coryell St Lambertville, NJ 08530 Clerk ID: CAROLH Intemal ID:6729 Patricia C. Moore ?� Attorney at Law . '` �°h'`-�' 51020 Main Road Southold,New York 11971 MAR 2 1 2014 Tel: (631)765-4330 Fax: (631)765-4643 r, March 21, 2014 Ms. Leslie Weisman, Chair and Members of the Southold Town Zoning Board Southold Town Zoning Board of Appeals PO Box 1179 Southold, NY 11971 Re: Appeal 46729 /Vincent Bertault Dear Chair Weisman and Board Members: Please accept these written comments into the record in the above-referenced appeal. Objections and Concerns: • Relocation of the barn is unnecessary. The frame barn in its existing location can serve as a garage using access to Navy Street. A pervious driveway and/or sanitary covers over the existing septic system make the requested variances unnecessary. The applicant's objective [refurbishment and use of existing barn] can be achieved by some method, feasible for the applicant to pursue, other than an area variance. • Relocation of barn is detrimental to character of neighborhood and neighboring property. Enclosed please find Google Earth photographs of the subject property and surrounding area.' Vincent and Willow Streets are quiet, tree lined residential properties. The applicant's property abutting Willow Street is wooded. The relocation of the barn and placement of a driveway on Willow Street as proposed is unsafe. The Gesell's existing driveway is located on a curve. The proposed location of the barn and driveway would create conflicting access of the two driveways on the curved road. There is no reason to knowingly and intentionally create such an unsafe condition. • Nonconforming Structure cannot be altered without creating new non-conformity. The frame barn is already a non-conforming structure. It exceeds 660 square feet. The ' Exhibit 1 [aerial photos of Willow Street and Vincent Street] Exhibit 2 [Gesell house and driveway showing applicant's barn in present location 82 feet from Willow Street Patricia C. Moore Attorney at Law MAR 21 2014 March 21, 2014 Re: Appeal # 6729 Bertault proposed relocation of the structure necessitates variances. Section 280-122(A)prohibits the alteration of a non-conforming structure if such alteration creates new or increased non-conformity. The application to relocate the non-conforming barn is prohibited by this section of the Town Code because the applicant seeks a front yard variance which constitutes a new non-conformity with the Code. • Accessory structure in front yard requires 35 foot setback. The proposed re-location of the barn at 20 feet' in the front yard violates the 35 foot setback requirement for front yard structures. The applicant cannot use average setbacks of principal structures within 300 feet to justify location of the accessory structure. • Height of Relocated Barn violates height requirements. The applicant has suggested to relocate the barn with a 25 feet setback with an "adjusted barn height" of 18 ft. 9 inches above "finish grade to the ridge" As stated above, the setback requirement is 35 feet and the proposed height violates the zoning code height limitations. Building height is defined and measured from the "natural grade" [Southold Town Code § 280-4] not, as proposed by the applicant above a "finished" grade. • Application fails to meet legal standards to justify variance. New York Town Law § 276-b(3)(b) set forth the criteria the Board must consider before granting an area variance. The applicant has not satisfied these criteria. The applicant's stated rationale' for the variance is [1] restore the barn; [21 eliminate vehicular traffic adjacent to applicant's home/across the septic system and [3] simple pleasure of creating quality open space in the center of the property for the Owner's enjoyment. Respectfully, the stated rationale does not satisfy the legal criteria to justify issuance of the requested and necessary variances. The barn can be restored in its present location without variances. The applicant should not transfer his own vehicular traffic and the impacts associated with it upon the adjoining property owner. And owner enjoyment does not justify altering the character of ' By letter dated March 13, 2014, the applicant's architect has amended the proposed setback to 25 feet which still violates the required 35 foot setback in the Code. ' Letter of Gary R. O'Connor, AIA dated March 13, 2014. Patricia C. Moore Attorney at Law March 21, 2014 Re: Appeal # 6729 Bertault the existing neighborhood, imposing the burden of a non-conforming structure in a non- conforming location on the property on the neighbor simply for the owner's "enjoyment." It is respectfully requested that the Board deny the requested variances. Sincerely; atricia C. Moore PCM/mr ,p 1 cc: William Gesell MAR 2 ] 2014 EXHIBIT _ i -/N�r�dd�ir,tvh'*�biZAL_i1F1A V bVp f�tiiHirl�le?�.}7�i.1a:t§ 1�f�D w t r' Ift i .. t C c� S€ TV _ s r � binq%, Q wx , 7 r ' fill RECEIVED AR 2 12014 BOARD APPEALS i'1' �1: ref=�,i �A �k,.•.'� ���^1:, r , 'N �• �. aN t• /� 0 • • • RECEIVED MAR 2 1 2014 BOARD OF - a • � - Y -. �li J7«w •.�.r is - -_ �7 = I �� �wa.•p�.w _ t.• r _ .•may A . Google earth 0 RECEIVE MAR 2 1201 4 i APPEALS +r s�A meters, 3 MAR 2 1 Z014 cq EXHIBIT 2- I�. .r Sri ' S ! ` / 1 i r o. 6 f , pf 1r I _ I I A � 1 iL( i• � i'. !Tl .tf vaA•� _ IF d o ��t •fi ��*4�e z C n U i7j I f d Hr. S•1 1 i k iI s� it s. wic • r 1 PATRICIA C. MOORE P Attorney at Law 51020 Main Road I n( Southold,New York 11971 N"- Tel: (631)7654330 Fax: (631)7654643 March 5, 2014 Zoning Board of Appeals Town of Southold Town Hall Annex 53095 Main Road P.O.Box1179 Southold, NY 11971 Re:Vincent Bertault #6729 Dear Chairperson Weisman and Board: I represent William Gesell and his family, they are an adjacent property owner and would be adversely impacted by the relocation of the barn to Willow Street. They oppose this application. In my review of the application the following variances are required but have not been included in this application: (1) Setback variance from a "front yard" which requires a minimum of 35' when 20' is requested. (2) Accessory Building exceeds maximum size permitted of 660 sf. ft. and exceeds 18' in height. The barn is 850 sq.ft and the heigh is not provided. (3) The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which will require the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. The property was previously owned by Mr. And Mrs. Woodhouse who obtained area variances to subdivide this and the adjacent parcel on Bay Avenue and Navy Street. Attached are the transcripts of the Zoning Board hearing, appeal #5218 of 2003. There was impassioned testimony at the hearing on the historic nature of the property and the existing structures. The subdivision supported the owner's desire to maintain the existing historic barn which was built between 1906 and 1920. y�btY� j °} i r„�19tnetaYRy}vg�•S'.����jj °� 1 ti `- -'�- _a.+mss The subdivision was supported by the neighbors because it preserved the integrity of the existing structures. The location of the structures is as important to the preservation of Orient Village as the structures themselves. Moreover, moving the barn could compromise the structural integrity of the existing structure. The applicant's reason to relocate the barn is not rational. It is much less expensive to place "traffic bearing" covers on the existing sanitary system then to relocate the barn. Finally, the notice of disapproval was revised to include approval of the Landmark Preservation Commission. This hearing should be postponed until the Landmark Preservation Commission reviews this application. This application needs a coordinated review. It is unlikely that the Landmark Preservation Commission will approve this application. Relocation of the barn should be denied. �Vcsiy trul i ours, ricia C. Moore encls. Page 26 April 3,2003 Southold Town Board of Appeals Special Meeting Public Hearing CHAIRWOMAN: And we have statements from the PB that are totally contrary to what Ed said and we have statements from the neighbors that are totally contrary to what Ed and so and so and so and so said. MR. PISACANO: Whenever the next meeting is I want it to be resolved that day. MEMBER ORLANDO: If they are put in a corner they will have to tell. It is what it is. CHAIRWOMAN: It's going to be adjourned to June 51b 6:30pm. 8:40 p.m J. and J. WOODHOUSE#5218—(continued from 2/20/03)This is a request for a Variance under Section 100-30A.3 based on the Building Department's August 15, 2002 Notice of Disapproval, amended December 16, 2002 and December 24, 2002, for lot area and width of Lots 1 and 2, as shown on the lot line change map revised 11-4-02. Location of Property: 2395 Village Lane and 255 Navy St., Orient; Parcel 1000-26-1-12. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? JENNIFER GOULD, ESQ: Jennifer Gould for the Woodhouse's. I'm going to try to keep it brief if there are any questions,just interrupt me. We had a pretty through hearing last time we were here sorry you weren't here Mr. Orlando but I just wanted to say when we started you know we went to the PB 1'. We went with the original idea of doing a setoff application. We were told by the PB we started in June of last year. We didn't qualify for a setoff because their definition of a setoff although it is not codified as such is that when you do a setoff you are creating a conforming lot and leaving a larger parcel which is could be further subdivided in whatever zone area you're in. So we have a 1 acre lot now a tax map lot of 1 acre. We have 2 single family dwellings on that lot. Our lot is basically I would call it the mother of all subdivisions because it's in the Orient Historic District and if you look at our supplemental act back in February we show that at one time there were 4 houses on what is now 1 tax lot because the man that acquired all this property between 1918 and 1934 he just basically bought up the block and all the houses on the block. He demolished 2 houses and created the larger house which is the Woodhouse's live in now which is on Village Lane around the comer on Navy St. is the existing another house which has traditionally been used as a rental-it's a yearly rental for the Woodhouse's now it's a separate single family dwelling that's the oldest house, it goes back to about the 1860's we think it was built and behind that house at one time you'll see from some of the old surveys was the Murray house. The Murray house burned to the ground that's why there's only 2 houses left. So it's like a guy bought the neighborhood 4 houses in the neighborhood and he's left with 2 houses and he keeps 2 houses and he conveys out in 1956 this one parcel and all along it was conveyed as one parcel the reason the Woodhouses want to separate into 2 distinct parcels recognized by the town is they can no longer afford to run 2 houses. They have to sell one house or it's going to have to come down to selling both houses if we don't do something quickly or soon. When the PB told us we didn't qualify for the setoff,of course the moratorium was coming and we knew that so when the PB we discussed you can see that we had these old lots and Page 26 of 33 Page 27 April 3,2003 Southold Town Board of Appeals Special Meeting Public Hearing perhaps there was a merger and the PB said we'll give you that there was a merger go back to the BD and the ZBA because under no circumstances no matter what you do here you need an area variance because you've got a 1 acre lot and you want to create 2 '/z acre lots another argument can be made we have 2 pre-existing nonconforming lots and that whole area is nonconforming. Someone argued that we don't have to get a variance, but we're not going that route we are here for an area variance. MEMBER ORLANDO: Then the PB for a lot line change? MS. GOULD: Right. So we went the BD in August once we got this letter saying go get a waiver .of merger. So I put in a lot line change application with the BD. And the BD's NOD which you have in the pack says lot line change quotes a section of the code it requires an area variance.They did not say waiver of merger was necessary so implicit in their decision was they found no merger so this was a nice surprise. I have to tell you this. I went to the code and looked at it because from my past experience I am fixated on waiver of merger because that's how most of the applications come to me. You know we have vacant land and somebody wants to split it up. But the code has exceptions in 1025C5 and that's where I felt they were coming from although they've never said it in the NOD and I know this has been a problem for this board that they never affirmatively say- CHAIRWOMAN: "They've never set our jurisdiction. MS. GOULD: I think they feel they shouldn't have to be put in the position of saying why it's not a merger or why it's an exception to the merger. They just say this is what you need and no one has to hold our feet to the fire as to why its not a merger or why it's an exception to the merger law. That's really what I think their position is they don't have to say what it's not, they are saying this is what you need they are not going to say- CHAIRWOMAN: Except for one thing, 10025 no building permit or other development entitle will be issued by the town until this section has been complied with. The BD will issue a written determination whether a property falls with an exception to the merger provision or not. It's right in the code. MS. GOULD: For whatever reason- CHAIRWOMAN: They didn't do it which is why we wrote to the BD. It's almost like fill in the blanks. We said to ourselves okay,what do we have before us? We have a lot of heresay and I'm not saying from you. Our jurisdiction no matter how you have it is appellate we are taking an appeal and we have to know is that for a lot line change? Because a lot line change can only occur if there's 2 lots. Is it for a subdivision or whatever it's for and that's why I wrote the BD and that's why we felt this application was in limbo. MS. GOULD: Well, it's been in limbo for a long time and that's why we need a decision but I don't want to beat it to death but they by not saying to us no you can't get an area variance because you've merged implicit in their decision was even though they're not willing to say it is they recognize 2 lots because we gave them the survey showing the old lot line. So it's like Page 27 of 33 Page 28 April 3,2003 Southold Town Board of Appeals Special Meeting Public Hearing the glass is half full or half empty- I don't know what it is they don't want to go out on the edge,but we have to deal with that and we know we have to deal with that so what we are kind of proposing is 2 things. The first is obviously our preference that you consider the area variance application and just based on the criteria of an area variance and say subject to PB approval and let us go back to the PB and hassle it out with the PB about whether we are a lot line because ultimately we have to go back to the PB this is just a pit stop here a long one but they are going to have to say whether it's a lot line change or a minor subdivision. CHAIRWOMAN: They won't do that though. MS. GOULD: Why? CHAIRWOMAN: The corporate chairman will tell you exactly what's going to you. Here's what's going to happen. They are going to say we cannot do a lot line change unless the ZBA says there are 2 lots. Trust me,am I wrong? MEMBER GORHRINGER: That's the reason why you want the issue of the area variance. What you are saying is you are more than 1/2 way there when you had that determination. MS. GOULD: Right because it appears from their Feb. 20111 letter to you the way the PB interpreted the BD's decision is the BD recognized 2 lots and they affirmatively state that's okay with us if the area variance is granted. CHAIRWOMAN: Then they turned around and said well if it's not 2 lots,then it's not a lot line change. MS. GOULD: But as long as we get the area variance, I think we can deal with them. CHAIRWOMAN: What are you granting the area variance for? MS. GOULD: A lot line change. CHAIRWOMAN: But you can't grant a variance for a lot line change unless there's 2 lots. MS. GOULD: Of course our argument is that we had the 19.19 lot and the code no matter what all the owners of the property did the code says if you have a house on a piece of property that is a single family dwelling of at least 850 sq. ft. that has a CO- CHAIRWOMAN: That falls within the existing lot lines- MS. GOULD: That lot was created prior to a zoning code so it conformed to the bulk rate schedule when it was created as did every other house on this lot- CHAIRWOMAN: But it doesn't have a CO does it? MS. GOULD: But the code doesn't say it has to have a CO,it says it has to qualify for one. Page 28 of 33 Page 29 April 3, 2003 Southold Town Board of Appeals Special Meeting Public Hearing CHAIRWOMAN: If it falls within the existing lot lines,has an existing CO or could qualify for one- MS. GOULD: It's in the record. The size of it is on the survey- CHAIRWOMAN: But you would have to - let's go down that argument- in order to qualify for one to obtain the exemption first you'd have to have the pre-CO. MS. GOULD: I'm not following. CHAIRWOMAN: In order to get that exemption- MS. GOULD: I don't think it says that in the code, I think it just says- CHAIRWOMAN: Each lot is currently developed with a I-family dwelling with a minimum which falls within the existing lot lines and which has a CO or would qualify for one and you cannot get the exemption until you have the CO even if you, you know we've done this before and people come in with a pre-CO,but the larger issue is this, go back to lot creation and there is no way that on the effective date of this chapter which it kicks back to which is 1983 24 goes back to 1983 and if we took a snapshot of what this lot looked like on May 30a` 1983, it was one lot and the whole provisions of the lot recognition and merger of waiver law and the exemptions they are in are to exempt lots that were merged as a result of the creation of this lot not to unmerge lots single lots that have been single lots for the last 40 or 50 years. MS. GOULD: I think we are going to disagree on that we see it differently. I see- CHAIRWOMAN: That's the way we have interpreted it, the way we have implied it in other words, when they created the whole 124, 125,and 126 the exemptions in there were to exempt lots that might be caught up in this net as a result of this law. It wasn't to go back in history 30 or 40 years ago and start recognizing old subdivision lines that existed in 1919 and 1937 and really if it comes down to an interpretation of that provision,that's what it will come down to. MS. GOULD: Just based on my own experience I've had cases where if you go with the snapshot thing I would have never been able to get a waiver of merger. What I'm saying is I'd come in here with a deed with 8 vacant lot parcels on one deed and it's only on one deed but they were old subdivision vacant lots and what happened was after'83 somebody started conveying out without approvals and then they come and they ask for a waiver of merger so not everything that comes to you if you take the snapshot approach is going to be one deed or it was on one deed or 2 deeds that's what Pm saying. CHAIRWOMAN: Pm not talking about one deed at all. MS. GOULD: You're saying when you look at that parcel? Page 29 of 33 Page 30 U'l April 3, 2003 Southold Town Board of Appeals Special Meeting Public Hearing CHAIRWOMAN: At that time,yes prior to this law. In other words you're implying somehow let's look at constructural law and you're implying somehow that when the town board enacted this law that they meant for it to be retroactive to lots going back 50 &60 years. When the board's historical interpretation of the law is that the exemption provisions and the waiver provisions in the law the specific kick back date in this law is 1983 and the provisions in here for the exemptions are meant to exempt those lots which were caught up and merged as a result of this law, not to unmerge properties that have been merged for the last 50 years. MS. GOULD: I don't agree with that but we are asking it would be a lot easier for us if we could go to Planning on the basis of a lot line change,I mean we still need an area variance, it's the same criteria, the same factors,vs. a minor sub when we are talking about 2 houses that have been in existence you know we have separate septic, separate wells for you know one house is 125 years old and the other is 85 years old. MEMBER ORLANDO: They all have CO's but the way the CO reads now,one is treated as an accessory however it's taxed as a single family dwelling,one of the exhibits shows a letter from Scott Russell that says we tax both of those houses as single family dwellings. Not as the house on Navy St. they have separate addresses. The house on Navy St. is taxed as a single family residence, not as an accessory structure or accessory building. It's taxed as a house. There's 2 separate addresses. MEMBER GOEHRINGER: It meets the 850 sq. ft.requirement which bounces back to the issue of the fact that it is able to be applied for a CO because the house is large enough to accommodate- MS. GOULD: It's carved out I think I said this last time but for the°C5 in 1997 we would be merged and I would see it as a waiver of merger. You're saying we're not even eligible for that. CHAIRWOMAN: That's what I think the BD says when the BD says this lot is not subject to the merger law,that's exactly the way I would take that. It is not subject to the merger law and it's not subject to the exemptions or anything else of the merger law. MEMBER GOEHRINGER: So let's go back to the area variance aspect. What does Ms. Gould have to do? CHAIRWOMAN: For us she'd have to apply for a minor subdivision. She'd have to amend the application for a minor subdivision because no matter how you hack it,the PB isn't going to do anything on it. We both know that. MEMBER GOEHRINGER: You mean a minor subdivision in the way of an area variance before this board? CHAIRWOMAN: Yes. Page 30 of 33 Page 31 �� � April 3, 2003 Southold Town Board of Appeals Special Meeting Public Hearing MEMBER GOEHRINGER: Why don't you do that then? MS. GOULD: That's what option#2 is going to be. Obviously we would prefer you to deliberate and decide an area variance based on a lot line change,but if you can't or there are some votes to do that, our alternative is we would amend the application and ask for an area variance subject to a minor sub because it would give us some place to go. Do you see the problem it's creating for us? One, we have a moratorium so we have to go before the Town Board and ask for a waiver from the moratorium and even as difficult as that might be because the other one had vacant land- CHAIRWOMAN: I'm going to make this suggestion. It's not that we don't like you we'd like to be done with this for your sake. MS. GOULD: We don't want a continuance we don't want to subpoena him in to find out what he meant- CHAIRWOMAN: We tried to get him to do something at our March 0 letter and this is why the whole nonsense with hearsay, well what we meant when we said the merger law does not apply is we meant we are not eligible and we tried very hard to get them to change it, it doesn't change, you need to go forward with this. I think you had submitted a lot of testimony as to why an area variance is warranted for the creation of 2 lots at the last hearing and Pd make a suggestion to the board members that when they go to the PB that our board can certainly send a letter to the TB recommending a waiver from the moratorium on this because of the unusual circumstances and because it's not going to increase the density. MS. GOULD: It's not going to change anything, it's just going to allow my clients to- MEMBER GOEHRINGER: That's subsequent to us granting an area variance so let's get to that right now. MS. GOULD: Do you want to go over the factors? MEMBER GOEHRINGER: You want her to submit an application for an area variance. CHAIRWOMAN: I want her to amend it. MEMBER GOEHRINGER: You're going to let her do that tonight and that's the extent of it, then we can close the hearing. CHAIRWOMAN: Let's do it formally. The board accepts amended application for a minor subdivision subject to an area variance and we will go ahead and act on that. MS. GOULD: As quickly as you can. I m going to ask to be put on the PB calendar tomorrow. Page 31 of 33 Page 32 �� l April 3, 2003 Southold Town Board of Appeals Special Meeting Public Hearing CHAIRWOMAN: Can you give us a little letter? We'll leave yours open for 20 minutes and go out and write I wish to amend the application for a minor subdivision and area variance as stated in the previous blah,blah and then we can wrap this up tonight. We'll recess this for 10-15 minutes -is that okay? ***** Woodhouse-Reconvened CHAIRWOMAN: Attorney for the applicant has just given us a letter dated April 3 which states regarding the appeal of J&J Woodhouse continued from 220-03 please accept this letter as an amendment to the above reference appeal requesting an area variance for a minor subdivision application at the Planning Board. Signed John Woodhouse and Jennifer Gould Esq. MS. GOULD: 9:00 p.m. PAUL AND MAUREEN CACIOPPO#5286—(continued from 2/20/03) Applicants request Variances under Sections 100-244B and 100-33,based on the Building Department's October 15,2002 Notice of Disapproval. Applicants propose a new dwelling at less than 35 feet from the front and rear lot lines, and for approval of the existing location of an accessory garage in a yard other than the required rear yard, at 195 Skunk Lane, Cutchogue; 85-3-2.2 MR. FITZGERALD: I'm sorry to say this is a simple area variance we are talking about. It will provide a nice respite for you. CHAIRWOMAN: Where is your amended plan in the file, oh yes,here it is. We are 10' from the front line. MR. FITZGERALD: So the thought was it would seem to me that the front yard is most important to the board. I don't think the very small rear yard setback could ever be a problem because the lot that backs up on that property extends to the main road and there are already structures on that up toward the Main Rd. CHAIRWOMAN: Well you got rid of the front yard variance? MR. FITZGERALD: Yes. CHAIRWOMAN: Congratulations. You did very well, you rearranged it so there's no-and your side yards are fine and the only issue is one variance. Very good. Is there anyone else in the audience who would like to speak for or against the application? Seeing no hands, Pll make a motion closing the hearing reserving decision until later. PLEASE SEE MINUTES FOR RESOLUTION Page 32 of 33 MAP OF PROPOSED BOUNDARY LINE ALTERATION TOM O, Sovn4 Street % I TOM OF SCVI}IOLD SUFFOLK COUNTY,NY Willow. _ —Nb'28'30"= RENSEp O6-OS-o2.08-09-02. 4y 52 ' II-04-02 WrFOLK GOIMTY T". 1000-26 -1-12 cMaa�®za - Z I N84956'00 4P p p 5453 NOl'IA i e ��,fQmB .�BII . s®Ftw lcccga s wknD..� � O O I . 335 1 N 0 LOT 2 I x� N85°32110"= 125..v iG,G04 5F 53 Y� 3.3 \ LOT 11 ° y L F 2 ° - L 0 S 250 8 _ 9 s!' 3,. $°j F o� �NhE�,/. . 9� F O f `cY� u. _ >s °i scare N j Y O ° z m° p How. =.9 C ; Iq 26D C ery n�4 wloeu�+'�PCUHO 126.23' ,. �.�gb°18'20°V'4 85."11' ;. j o PfPE Fg1N0 _ _ wRE FE e 1 .C�_--------- __. W000 FENOE - N Street HEW= �� Na�,y � —.-- .., -. AREA =42,154 SF OR 0.9]ACRES I- REFER&N E C=EO: L.It]25 P.541 - �— — GRAPHIC 51-ALE I"= 30' RE= _ .. o-e��w ____ °,.°nxn .+.•• _ 015TANCE5 SHOWN SUCH 100' °"�" JOHN C.EHLERS LAND SURVEYOR RFFF2GAI/'r ncrn 6E R°maTxms K C1 Page 42 ��� . February 20,2003 Southold Town Board of Apoeals Regular Meeting Public hearing 1:58 p.m. Appl.No.5218-J. and J.WOODHOUSE. This is a request for a Variance-under Section 100-30A.3 based on the Building Department's August 15,2002 Notice of Disapproval, amended December 16,2002 and December 24, 2002, for lot area and width of Lots 1 and 2, as shown on the lot line change map revised 11-4-02. Location of Property: 2395 Village Lane and 255 Navy St.,Orient;Parcel 1000-26-1-12. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application?' JENNIFER GOULD,ESQ: Good afternoon my Panic is Jennifer Gould. I'm here today representing John and Jerry Woodhouse who are also here with me. Prior to the opening up of this hearing I handed up to Linda Kowalski a supplemental submission that I'd like to be made part of the record and rve made copies for ail of you and they are tabbed. There are 6 exhibits if you want to follow along. CHAIRWOMAN: Just one moment if you don'trnird, I'd litre to give them to each board member. MS. GOULD: Briefly what the pack includes is fifst the Southold Town Code sections 124, 125, 126 and the bulk AA schedule a certified title search and Linda has the originals of all these documents. This is a search by commonwealth. It's certified the record owners of the parcels and how the parcels were created started back in 1918 through the Woodhouse's title at present. Behlind that certification are actual copies of all the deeds. The third thing I'm giving you is a letter from Southold Town Assessor Scott Russell dated February I P with copies of assessors cards of the two houses, the one at 2395 Village Lane and the 255 Navy St.houses are both assessed as single family residences. The fourth thing in the pacts is sort of a history of the parcel. There's a 1909 map showing that at one time there were 4 houses or.the current parcel ' later there were 3 Mr. Knobloch who acquired all the property knocked down the two houses on Village Lane and constructed the current house which is 2395 Village Lane. Wliafs referred to as 255 Navy Street in our application is known as the parent chief cottage and the records on that building go back to 1873 and in the record is a book by the historic orient village and the members packets live just copied excerpts showing that 255 Navy St.is on the register of historic places and then I have old surveys that 3 of the parcels are in this whole parcel and also the SPLIA Society for the preservation of LI antiquities did inventories of the property in 1973 recognizing them both as separate residences. The P item in the pack is the RE appraisal that Pat Costaldi prepared for us. She appraises the property as it is 1 property. She appraises the property as if it is 2 properties with the existing lot line which is exhibit 6. I just have a smaller survey you'll note that the lot line for 255 Navy Street separating the 2 houses cuts through the garage and makes the garage part of 255 Navy St. as a portion of the barn as well which is really why we are here to straighten that out. That's what I want to add into the record and you've received a letter that I got a copy from the Planning Board today. We have been working with the Planning Board since June of last year on this application and what we agreed to do in August was go for a lot line change and they asked us of course to go to the building dept. get our NOD. At that time they thought we'd be going for a waiver of merger but the BD picked up on something that we all picked up on was this parcel comes under an exception which keeps the ?age 42 of 63 Page 43 ���� February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing 2 houses from merging and that's the exception 100-25 C5 if you have 2 houses and they are 850 sq. ft 2 single family dwellings and they are at least 850 sq. ft. and they either have CO's or they would qualify for CO's they haven't merged. That's why the BD in their NOD back in August didn't even address the merger issue because in their opinion, I'm speaking for them obviously, they didn't think it had merged all they saw was that we had 2 pre-existing nonconforming lots and what we were asking the PB to do was reconfigure those lots and as far as the BD was concerned, they were still pre-existing nonconforming. That's why we are here. As you know in December they issued an amended NOD where they said the merger law did not apply and also we changed our map to try to make it as conforming as possible. Originally what we tried to do was draw a new line making both lots exactly equal in size and what we did was we put a line 3.2'west of the garage well that creates a nonconformity. It has to be at least 5'. We moved the line to Yon the final map so the size of one lot is 22,250 sq. ft. and the Navy St. lot would be 19,904 sq. ft. so each lot would be approximately a Y�acre which in this neighborhood you know is large. Most of the houses in this neighborhood are probably on '/< acre like our 909 map that we have that shows the whole area in that book of the historic district everybody's on probably a /< acre or less in this immediate vicinity of Village Lane Navy St. and so forth. Do you have questions? CHAIRWOMAN: This has been a long haul with this,it's been back and forth and back and forth. The NOD I have on the 24"' says the merger law does not apply to this property in question. For your information we did meet with legal council about this and the reading that we have of this in one sentence is the merger law does not apply to here because if it was 1 lot before the merger law cannot subdivide it now essentially in other words you don't get to the exemptions, you don't get to any of the exemptions. This has been one described lot. I'm just looking at the deeds you handed up since 1958 or before? MS. GOULD: I think the first time it was conveyed out that was to Mr.Dorman in 1958. CHAIRWOMAN: Since the critical question this was 1 lot in 1958. It was not 2 lots. It was a little described parcel on a little strip of land please bear with me originally he bought the lot that we see on the tax map as lot 12,then there was a little 10' strip of land that went from Navy Street up to the end there and he added that on in 1970 but at the time that Mr. Dorman bought it, it was I lot and it has been 1 lot since that time as far as I know. MS. GOULD: I cannot argue with you that it has been conveyed as 1 lot from'58 on. However the code is what's giving us protection here. The code says in Section 124 Al they will recognize the lot. The code says we recognize the lot if you can show a deed that created it. Well we showed the deed for the 1919 lot and that has a house on it and that has been forever that deed was even before 1919 and then we're conceding that everything else merged. Now yes we did have people treat the property as one and pass it on because they didn't care. Frankly until 1997 we didn't have an exception to the merger law that we would fall under. We would be here for a waiver of merger. Page 43 of 63 Page 44 � la \ February 20,2:3;:'3 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Les see if I understand what you are saying. You are saying that the merger ' law in 1997 was amended and that amendment allowed you to take a lot that was created in 1919 as 1 lot was held as I lot for 60 years and then, allows you to subdivide it. MS. GOULD: We are not subdividing it. r CHAIRWOMAN: A Iot line change under an exemption would be a subdivision. MS. COULD: We are saying that we had 2 lots each lot is currently developed with a one- family dwelling. CHAIRWOMAN: You had 4 lots actually? MS. GOULD: We had 6 lots some were vacant land we can't. say that.those- CHAIRWOMAN: But the basic principal is that what you are saying and this is what's very important here is that somehow in 1997 frat a change in the merge:law would allow you to take a lot one lot that's been a single tax lot for almost 50 years and what amounts to create a subdivision on it because it had a cottage on the part of the lot through a lot fine change. Is that the short and the long of it? MS. GOULD: I think you're describing it in very teehnical terms to ca=y on Rom what the Sprint people said. What we are proposing today no one there's not going to be a single change in the Village of Orient. CHAIRWOMAN: Why not go for a minor subdivision? MS. GOULD: Because there's a moratorium. That was the problem when we started. CHAIRWOMAN: In a normal course of things if there wasn't a moratorium wouldn°t you go for a minor subdivision? MS. GOULD: We would have tried for a setoff because we conform to what a se*.cff is,but not according the PB has it's own set of rules about setoffs that aren't codified. Maybe they want them to be codified,but they're not. CHAIRWOMAN: In my book they would be probably a minor subdivision and you would say yes the lot is in keeping with all the other lots sizes of all the lots in the neighborhood and it would be a standard area variance. MS. GOULD: But look at it this way,we are talking about property that the BD recognizes as 2 separate homes they give them separate addresses. This isn't a this is one house on Village Lane which is called 2395 and one house that's 255 Navy St. Prior to this you know how the address is always switched we had 25 Navy St.and 95 Navy St. Page 44 of 63 Page 45 ���� February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Actually the old deed on this property when Mr.Dorman bought it there was no mention of Village Lane, it was called something else. It was called Navy St. MS.-GOULD: At one time it was 25 and 95 Navy St. but as long as the assessors have kept cards on them they have been separate. They assess them as 2 separate single family residences to make us go for a subdivision because something has existed one house has been there for 130 years, the other one has been there for 83 years to make us go through the subdivision process is really cruel and unusual punishment. CHAIRWOMAN: We've never had one like thia in all the years that we've dealt with waivers,of merger I can honestly say we have never taken a single tax lot and said okay this is a single tax lot that's been held in common ownership for 50 years under one tax name and said okay well there's a deed in 1919 that says there were 6 lots there and therefore the merger law applies. We've never applied the merger law on a case like this. MS. GOULD: Well one thing about this single tax lot parcel thing. I talked to Jack Sherwood about this because I wanted to get clear in my mind and maybe this will help you get over some of this about the single tax map number. I said Jack if I'm fortunate enough to be able to purchase 3 houses on Village Lane in my name and fhave 100%ownership in each of these houses what does the county do and I take a deed you know I take 3 separate deeds just like Mr. Knobloch did and I go to record them he goes if it's 100%ownership they get assigned I tax map.. number. As long as it's 100% ownership if you own parcels all in a row it's going to be 100% ownership. That's what the county does. What's the protection for this parcel? Somebody when they made this exception in 1997 this must have come up at some time. People either had deeds right next to each other or houses next to each other that they didn't want merging and were actual houses and were used as actual houses. I think I've given you a lot in this supplemental package to show that these were in fact 2 houses. This isn't a situation like we see in Orient and throughout the town where we have garages and barns blossoming into residences. That's not what's happening here and you have pictures you have documentation of houses the 255 Navy St.house it says when dormers were added on in 1906. The SPLIA inventory shows us it's not like you are going to be setting a precedent where somebody comes in here and says well I had a deed for my house and then I had a deed for my garage which is now a studio and I want to split it because that's not going to happen. CHAIRWOMAN: One question because that was a little confusing to us and that was in the original there were inspection reports on the cottage and it said it was the one on Navy St. and at the time it said it was an accessory building. The CO was for an accessory building. It was a dwelling an accessory- MS. GOULD: They called it a cottage. CHAIRWOMAN: Yes but the CO- MS. GOULD: There was only one CO. Remember that CO was issued in 1995. First of all the people who bought it from Dorman probably didn't care,but at that time there wasn't this Page 45 of 63 Page 46 1 February 20,2003 Southold T own"Board of Appeals Regular Meeting Public Hearing exception to the merger law so no one was thinking of splitting it asking for 2 separate CO's. Now if I take my deed to Michael Verity in the BD and ask for a CO if I split this off the way it is now with a dotted line, according to the code,he's got to give me a CO for that house because the house is totally within the 1990 parcel and that's why he didn't raise merger because he saw that. I gave-him the deed he could measure it out he h3he survey. The problem for us and why we are here at all is we have how marketable is the house and the problem for the Woodhouses is a hardship and I'll let them talk to you about it because they can no longer afford to keep 2 houses. If they could we wouldn't be here to begin with it's a hardship situation. So who is going to buy the house on Navy St.when the line includes the garage when the garage rationally goes with the house on Village La. and then it cuts through the barn a little bit too. We've got to straighten it out,it's irrational. If you could just look at it as a straight variance is there going to be any undesirable change to the neighborhood, no ifs been lice this for 83 and 130 years,it's not going to change. Anything that had to be done to the house if anybody tried to change the nature of the houses,they'd be back in here for variances. They'd have to be because of setbacks. CHAIRWOMAN: You've given us a lot to look at. In the meantime;let n�e see if any of the board members have other questions. MEMBER HORNING: On the survey that we have the dotted line that you re'referrmg to that partially cuts hrough garage and also another accessory building tell us again what- MS. GOULD: That references those dotted lines reference the 1919 deed and whatthat is is the transfer in from Adela and Annie Parachess his wife to Henry Knobloch the deed was dated 7/1/1919-recorded 7/12/1919. That parcel as far as our code is concerned is protected because it's got a single family residence, it's greater than 850 sq. ft. I think the assessors figures show 1486 sq. ft the barn being 897 and the assessor I might add has the Navy St.property and the barn on one card and the Village Lane which is 2479 so. ft. and the garage 504 on the other card as does the SPLIA inventory. MEMBER HORNING: Is there a CO on one of the- MS. GOULD: On all as an entire parcel. What we want to do is make a more rational lot line and get a CO for each parcel, a separate CO. MEMBER HORNING: And you are maintaining that you are entitled to 2 separate CO's because without straightening our the lot line MS. GOULD: Absolutely,the code protects us and i think any reading because it was in one tax lot for 60 years,we can't even be considered because never mind exception to merger but waiver to merger is just awful. I don't know how else to describe it,it's so harsh given Lire situation. CHAIRWOMAN: That's the way it's been interpreted for 7 years. It's not singly cause of a tax map,it's because of the deed. The deed describes one lot. The deed has described one lot for 50 years. When we consider a waiver of merger even with a house on it we have 2 described lots as Page 46 of 63 i Page February 20,01 2003 �Q Southold Town Board of Appeals Regular Meeting Public Hearing of 1982 we can see 2 described lots in a deed. The merger law makes reference it goes right back to 1983 and if the lots have not merged since 1983. So to take a flashlight view of everything in 1983 when the merger law was passed what does this look like in terms of the deed? The deed description is one lot. Yes the tax map is one lot,but it's still one lot and if the town has been foolish in it's interpretation of it's been ftmiish since 1995 because that's the way the code has been interpreted and that's the way it's been applied. Now you've given us something else to think about and we will. MS. GOULD: You told me before this situation has not come up before. s CHAIRWOMAN: Right because our reading when they say to us this is not the subject of the merger when we see that, that says to us it's not eligible for any of the criteria under the merger law. That's the way we would interpret that_ MS. GOULD: If that's the way the BD had meant that they would have said go back to go get a subdivision. They knew where I was going. CHAIRWOMAN: We very may well have to get them to come in and testify to get that cleared Lip because I can only speak to what is on a piece of paper. But they are not here. If it takes them to come in here and explain what they meant to help you, to help us we will do it. MS. GOULD: I mean I have seen back to this thing of the one deed if you want to go talk about waiver of mergers, I've seen plenty of waiver of mergers where you do this deed certification and originally they take them all on one deed and say lot 5, 6, 7, and 8 and then they realize they have a problem and they start conveying out to make them separate but there's hundreds of them that all started on one deed and then they started doing the deeds out so I just don't think that given our situation and the existence of these houses for so long, they are not made up houses as I said they are not garage conversions it's not a barn conversion that if you take this kind of hard line with us they are going to have to sell the house and I'll let them talk about it because we can't wait for the moratorium. CHAIRWOMAN: It's not even taking a hard line with you the question is whether or not we can look at this after the building department's determination in terms of the merger law. That's the question. It's not a question of a hardship or a merger or any of those other issues at this point. I'm being as candid as I can because I don't want you to go around in circles for the next 6 months. The critical question is can we address this under the merger law? That's the question. MS. GOULD: Back to this thing about the one deed again. I don't see any reference in the code about the deed it having to be one deed, 2 deeds, 3 deeds if you're because what you're telling me is that because it was carried for 60 years on one deed you're out, go back to go. I don't see that in the code. I really don't and I'm not trying to just be combative, I don't see that and I don't think that's what they meant in the code and I don't think that's what they meant when they put this exception in under C-5. That was there for a reason and it doesn't say and by the way you have separate deeds now showing that they are separate deeds as of 1983 or 1997,but I would like Woodhouse to be able to testify too. Page 47 of 63 Page 48 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Nearing CHAIRWOMAN: Mrs. Oliva MEMBER OLIVA: Frankly Jenny there's so much mater al here and there's so many legalisms involved I don't want to make some sort of rash pronouncement until we really have time to sit down and digest it. it really wouldn't be fair to me or to you. You have everything here I'm intelligent enough to read it and understand it and ask for legal council. MS. GOULD: It just seems really unfair when there's two houses on one tax parcel to make somebody go through the whole subdivision process We already have separate septic, separate water;the water's tested every year because Jerry runs a business out of the house so SC Health Dept. comes every year. If you look what you're supposed to be doing on the ZBA arernt you supposed to give relief on situations lake this where there's a problem? Isn't that what this is all about? MEMBER OLIVA: Then again Jenny we are con ned by the code and what the interpretation of the code`ryas been in the past. Therefore feat's why I'm saying we have to go back and look at all the information once again,speak to our town attorney and then get back to you. MS. GOULD: I just, can't believe that people who have 3 and 4 houses on a lot have to go through this subdivision process or that they've been made to do that in the past. CHAIRWOMAN: You'd still need a variance: MS.GOULD: No matter what we need a variance for the lot. MEMBER HORNING: Did the applicant go to the Planning Board with the proposed lot line change? MS.GOULD: They've been copied or everything we did and as you can see the Planning Board is in favor of what we are here to do. MEMBER HORNING: I can see that via their letter: MS. GOULD: This was unsolicited too,I had no idea they were going to do this and I asked the Woodhouses. They haven't talked to the Planning Board. We haven't asked for this. MEMBER HORNING: It's been my casual impression that thePlanning Board has some domain over lot line changes. MS. GOULD: We have to go back to them after we are here. MEMBER HORNING: What happened,you went to the PB with a proposed lot line change and what happened? Page 48 of 63 Page 49 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MS. GOULD: Originally Mark Terry and I discussed how this was going to proceed. I wanted to go lot line change because I thought that's what it was and he said no it's a setoff. To me the extra step was going to the health dept. which I wasn't too happy about but I said I've got pre- existing everything so we'll do it. We wanted to get this done so we started in June. Well we went to our-first conference and they were all confused beemse of 2 houses being on one tax _ parcel. I mean they had an issue with it too but we said you know you really have to consider the merger law in this and they said yes you are right but we don't know anything about the merger law, we're just going to have to look into this. Two months later I received a letter saying you're not a setoff because a setoff to us means that if you set a piece off the piece you have left is big enough to further subdivide now I haven't found that in the code but that's their policy you know I look at page Al 06 and the criteria for a setoff are pretty much the criteria for what a variance is you know what's it going to do to the neighborhood but they also said there was a light at the end of the tunnel they said in their letter go to the ZBA and get a waiver of merger because we think that maybe some of your lots have merged and you should get a waiver of merger because we think that some of your lots have merged you should get a waiver of merger so- MEMBER HORNING: Buy you're not here for that. MS. GOULD: No,but I'd be happy to go through the criteria for waiver of merger because we fit all of it's criteria. MEMBER HORNING: One final question on this mechanism of a procedure lets'assume that in fact you have the agreement of this board for a proposed lot line change you mentioned going back to the PB. How does that work? MS. GOULD: We go back with this map and a variance from you saying okay we agreed to give you an area variance for these lots. This is kind of a side issue at this point. Pm kind of confused in my own mind when I have 2 pre-existing nonconforming lots why we need a variance. MEMBER HORNING: Because they are only one lot. MS. GOULD: That's not what the BD said. "They say you have 2 lots that are nonconforming you're still creating 2 nonconforming lots so go get a variance. That's what the PB wanted us to do. We go back to them we say we have this variance now and they say it's okay with us. So it's just then we have a public hearing. MEMBER HORNING: You need the PB's approval? MS. GOULD: Because we've discussed it all along. I know that I had to go back to them. I said to Mark is the board happy with the division line yes it's equal as possible. I said then we are going to make them a little unequal because we don't want to create another variance issue with a side yard issue with an accessory building that's why we moved the line from 3.2' to 5'so we get rid of that problem and they were okay with that too but they wanted us to come here because Page 49 of 63 Page 50 February 20,2003 Southold Town Board of Appeals Regular[Meeting Public Fearing they thought there was a merger. They waited us to get a waiver of merger. But the BD said go get an area variance. MEMBER HORNING: On paper the proposed lot line change looks fairly reasonable. I don't know if this board can come to the conclusion that we can Grove it because we don't have m enough information at this time. But offhand it looks reasonable. I want to make sure the PB thinks it's going to be reasonable too if this did happen based on this letter it seems to be okay. MS. GOULD: They've reviewed all this: r MEMBER HORNING: I appreciate how you set the line so you have Y clearance from that one garage, etc. I personally don't have a problem with this I think our board has a problem with'die mechanics and the technicalities and straigbtening out the paperwork to make sure everything is in order because we hardly recognize this critter in terms of sorting through the fact that it was never merged,there is only one deed and we'll proceed from there. MS.GOULD: We could make 2 deeds,but I don't want to do that. For one reasorl,we have mortgages on this property. MEMBER HORNING: I was wondering if you could go to the BD and get a separate CO for that other building,that would help us. MS. GOULD: The reason I can't do that is I have 2 mortgages on the property and the bank would have to release part of the mortgage premises and they are not going to do that. CHAIRWOMAN: We are going to have to cut this short because we are running over and we have more people here. Give us an opportunity to read what you've presented to digest it,to discuss it with legal council as I said the issue is which door are we coming in? Merger or lot line change or subdivision. It isn't whether what you want to do is right or wrong. As the member from Fisher's Island said if this was a straight application for a minor subdivision i think you would have been in and out of here 7 months ago quite frankly because the lot is very,Hoch conforming with all the other lots in the neighborhood we could go right down the criteria andeT 267 which would be a lot easier than this as you know I mean come on. This is like a long haul which should have been a very short trip. MS. GOULD: Can my client say a couple of words? You notice no one from Orient is here complaining because they don't have a problem with this and you know Orient likes to complain. CHAIRWOMAN: That's your comment not ours: MS.GOULD! I know,Ilive in East Marion. JERRY WOODHOUSE: I'm Jerry Woodhouse,I'm the owner of this property. I appreciate saying a few things to you. i know we are naming late but for us you know it's been months and months of getting to this point and we are really here at this point for 2 very different reasons, Page 50 of 63 Page 51 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing one of them that Jenny didn't bring up. We moved to Orient because we wanted to live in a historic community and as soon as we moved there we were both very active in the historical society and we've done a lot of research. It was our intention that we would live here for the rest of our lives. My husband retired here. This is our second home i n Orient. We bought this house because of the historic nature of it. It was a real financial stimish for us to buy it. The only reason we were able to do it is because my husband had a self funded retirement plan that enabled us to have some sort of a backup if our financial situatiox i changed and so 6 years ago we bought it. Surprisingly to us we were only in the house a couple of weeks when someone came in and made us a ridiculous offer to buy it for 2 'h times the amount of money we had just paid for it and we were like what's going on here? After talking to this person,it was clear that this was someone who was not interested in historic preservation but recognized from the size of the lot and the property that we had and because we have a wonderful waterview it would be very easy to tear down the houses that existed and build a big Mcmansion. In fact he pursued us for quite a long time and showed us on paper how he would do that and it wouldn't require any of these kinds of procedures to get those kinds of applications because he had enough square footage. We lived in a house where 2 houses had been torn down to build it. 6ur bmwas.the,,., icreation of 2 banns put together and he could do it and that was really�frightemag tualr JAnd I began to do some research at that time to see what we could do to protect our property in case we . were not there forever. Many of you know I was involved with the Orient Historic Preservation Association and we tried to figure out everything we could to protect properties because we don't have the kind of legal protection we have in the town nor do we have a certified local government though I hope that would come someday. The only thing we could do is try to put on our houses with separate deeds historic fagade easements to try to protect them in the future so nobody else could build them. That's really how we started out thinking what could we do to protect it so after we're gone thee"samtiful buildings with a historic barrrand hfstodo gauge W. could stay exactly the way they were far into the future,but somewhere along the line things changed. Two years ago my husband was diagnosed with cancer. My husband is approaching 80. The amount of work required to take care of that property for me became a really difficult prospect for the future. The amount of money that it would take for us to continue to restore the property particularly the bam and the cottage were beyond what we had and like many other people,retirement plan which we thought would protect us forever evaporated and so at this point and time we have very difficult decisions we can make. We hope we can figure out a way with your help or whoever can help us to protect this property forever because we think it's>- An important part of Southold Town that should be preserved and protected forever but most importantly we hope that we can afford to stay there forever and live here because this is where we want to spend the rest of our lives and we can't frankly afford 7 more months to figure out what we are going to do and if we have to sell the whole parcel there is nothing that could protect that property in the future and we would have to go somewhere else and we don't want to have to do that so anything you can do to help us we would appreciate. CHAIRWOMAN! Ms. Gould,one quick question. If this board cannot go through the route of the merger law but the board was very willing to look at an area variance for the creation of 2 lots and I think the board generally is amenable to that will that be okay? I have to ask you that because we have to talk to legal council on this and we have to be able to have some options here. Page 51 of 63 Page 52 February 20,2003 Southold Town Board of Appeals Regular Meeting Public -leaving MS. GOULD: It has to be okay with the Planning Board. Do you see what Fm saying because if it's going to be interpreted as a subdivision- CHAIRWOMAN:-You said lot line change before,what is tl ? MS.'GOULD: I think we can live with an area variance because then we can go back and you've avoided merger. CHAIRWOMAN: Why don't you let us talk to legal council on this and let us see if there is a way we can handle this because council advises that we cannot address this under 124 then we'S have some options there. MRS. WOODHOUSE: We spoke to all of our neighbors and they are in favor o£ they actually signed something that they were in favor of it. CHAIRWOMAN: We're leaving this hearing open. We will leave this open until what's oor next date? I don't think March 6"'is going to give us enough tune. MS.COULD: I know Linda will let me know. CHAIRWOMAN: I'm a&aid March 20a'is the earliest. I'm going to adjourn this to April P I'll make a motion ad ourning this until April 3 a at 7:10 pm. Page 52 of 63 SUBDIVISION MAP FOQ JHN H.WOODHOUSE&JERILYN B.WOODHOUSE - AT ORIENT, � TOWN OF SOUTHOLD g 'SUFFOLK COUNTY,NEW YORK S r —J ✓Ji0 35 I.3 ` � -- `� -� I aomm:mwraoecxn is wcPao ___..-- Scree[ • ____ _._. -� } —i, §- •w� INi11E OP1ENl X181ppCOlb'RIR Wi ow 4 - s I 0 0 0 ss o 1 6 F, 4 c NYC.. +,®.•. Street � I -- •••-�.. .,�.. �...e.�...o.....__,,.�.m.-,..__ -_._-_ -- 'OHN C.EHLERS LAND SURVEYOR rwa °•�->•' _ _.- ' � " ' ' 66A41 w.d41f1�1' N.YS.I]C.NO.]0ID! ra.«.2_ RIVWlPB1D,NY.11901 1 > - __ ..- - ' ]BY%Itl Wa]69-f/81 RFxNIp�.vVpugB-RN SUFFOLK COUNTY DEPARTMENT OF HEALTHIIRERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper, M.D.,M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S 10-02-0014— Woodhouse Residence, s/e/c Bay Avenue, aka: Village Lane, and Navy Street, Orient —t/o Southold—SCTM: 1000 02600 0100 012000 Hearing Date: November 18, 2004 Statement of Problem Parcels served by individual sewage systems and private drinking water wells in Groundwater Management Zone 4 must have a minimum lot area of 40,000 square feet in accordance with Article 6, §760-606, paragraphs A.5 and C.1 of the Suffolk County Sanitary Code. The applicant is proposing lot sizes less than 40,000 square feet. Construction standards require that the distance between sanitary systems and shallow private wells be at least 150 feet. The applicant is proposing a subdivision with existing conditions where the sanitary system is less than 150 feet from a private well. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management "Lone 4. 2. The parcel is depicted as one lot on the 1981 tax map. 3. The parcel size is 42,154 square feet (so. It is proposed to subdivide the parcel into two lots at 19,904 sf and 22,250 sf. Average lot size is 21,077 sf. 4. The average lot size is 53% of the required lot size. The yield at density would be one residential lot. 5. Sewage disposal will be via septic tank and leaching pools. 6. Depth to groundwater is 2.2 feet below existing grade according to the submitted test hole. 7. Soils are acceptable with sand and gravel at 1 l feet below existing grade. S. The proposed lots will have water service via private drinking water wells. Brian L. Harper, M.D.,IPP.H., Commissioner • ( ¢ � Hearing Date: November 18, 2004 o(/ Subject: Findings and Recommendations of the Review Board Regarding: S10-02-0014— Woodhouse Residence, s/e/c Bay Avenue, aka: Village Lane, and Navy Street, Orient—t/o Southold—SCTM: 1000 02600 0100 012000 9. The proposed lot No. 1 is improved with a single-family dwelling and accessory structures. The dwelling on this lot was constructed prior to 1957. The water supply for the dwelling consists of a private well located in the cellar. 10. The proposed lot No. 2 is also improved with a single-family dwelling constructed prior to 1957 and accessory structures. There is also an existing well on this lot that is located approximately in the center of the proposed lot. This well was installed in 1999 and last sampled by the department on October 20, 2003. The well met water quality standards. The well has a total depth of 25 feet with a static water level of 4.5 feet. 11. Each dwelling has a sewage disposal system consisting of a septic tank with one block leaching pool and one precast leaching pool. The septic systems have been certified by an engineer to be in good working order. 12. In each case, the existing well is located approximately 20 feet to 25 feet to the northwest of the existing sewage disposal system. 13. Direction of groundwater flow is presumed west toward the harbor. 14. The project has approval from the Town of Southold Zoning Board of Appeals issued on April 17, 2003. Determination The Board will grant the request for a variance for the 2-lot subdivision, based on the existing approved uses subject to the following conditions: • The well located on lot 1 shall be removed from the cellar and replaced with a well in a more optimum location that maximizes the separation distance from sewage disposal systems taking into account the direction of groundwater flow. It is also recommended that the well on lot 2 be moved to a more optimum location. • A covenant shall be provided, in language acceptable to the County Attorney,that the approved lots shall not be further subdivided and each lot is limited to one single-family residence only with accessory uses as may be approved by the Town of Southold. Brian L. Harper, M.D.,tP.H., Commissioner • p1°�� Hearing Date: November 18, 2004 C Subject: Findings and Recommendations of the Review Board Regarding: S 10-02-0014—Woodhouse Residence, s/e/c Bay Avenue, aka: Village Lane, and Navy Street, Orient—t/o Southold--SCTM: 1000 02600 0100 012000 Granting of the variance in this case will have no effect on water quality because the density will be equivalent to development on the parcel that is pre-existing and legally occupied. As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance for two lots under the conditions mentioned is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. November 22, 2004 Stephin A. Costa, P.E. Chairman—Board of Review JENNIFER B. GOULD • �� Attorney at L ato `( 210 Main Street • P O. Box 177 • Greenport,'New York 11944 t ) ? Telephone 631-477-8607 • Fax 631-477-2601 February 20, 2003 To: Southold Town Board of Appeals From: Jennifer B. Gould RE: Appeal No. 5218-J. & J. Woodhouse Lot area variance Premises: 1000-26-1-12 Enclosed please find copies of the following documents submitted into the record in support of the above referenced application: I. Southold Town Code Sections 100-24, 100-25, 100-26 and Bulk Schedule AA; 2. Land America Commonwealth (No. RH801E20544) deed chain of title search dated 2/19/2003 and certified to the Southold Town Board of Appeals, with copies of deeds attached; 3. Southold Town Assessor Scott A. Russell's letter dated 2/12/2(N)3, with copies of separate property record cards for 2395 Village Lane and 255 Navy St. attached; 4. Historical documents pertaining to the property including • a.1909 Orient map showing 4 houses on the subject premises (Cleveland, Sing, Stanton {Murray} and Perinchief {now known as 255 Navy St.)) • b. Society for the Preservation of Long Island Antiquities inventory dated 13/73 showing two separate residences at the premises now known as 2395 Village Lane and 255 Navy St. • c. Book published in July 1976 by the Oysterponds Historical Society entitled Historic Orient Village, which memorializes the Orient Historic District and its entry on the National Register of Historic Places by the US Department of the Interior on 5/21,11976. Perinchief residence now known as 255 Navy St. is included in this historic district because it existed prior to 19110- see page 37d • d. Van Toy[ surveys of Cleveland lot (shows barn and part of house — 1/12/192) dated 1/12/1928, Scofield lot (vacant land —I1-27-1933)and Murray lot (2 story house, shop and toilet-12/26/1934) all parcels now part of subject premises. 5. Residential real estate appraisal of 2395 Village Lane and 255 Navy St., Orient, NY, dated 2/18/2003, prepared by Patricia A. Castoldi, CSA; and 6. 8.5" x 14" survey print dated 11/4/02 of proposed lot line change. APR - 2 2003 D t^(' . P10nttuel 05:X/"( 4 6(4u 1d,),,1 /Jhf Ll-✓1 ZGC southold Town Plannin Board 6s 0 n ORIENT aoa,� Q mod. -GA, fcale 900 Feel GofleI,ulr, 1909 A t \ AL fie OS lft J 9 .�nr`� ,� � M7 \ � l`• may'\ E v �.L ow J b 156 .-[ y Iv ;. L ..:��- FOR OFFICE USE ONLY BUILDING-STRUCTURE INVENTORY FORM UNIQUE SITE NO.i(-' DIVISION FOR HISTORIC PRESERVATION QUAD NEW YORK STATE PARKS AND RFCREA1ION SERIES ALBANY,NEW YORK (51.814-4.0474 NEG. NO. YOUR NAME: lo. Odl9eos D.ATF: 12-73 APR 2 b 1376 YOUR ADDRESS: N.Y.C. TELEPHONE: ORGANIZATION(if any):_ QYStcrDOnd Is Historical SOCiet•Y IDENTIFICATION 1. BUILDING NAN1E(S):___._ DQrman's Cottage 2. COUNTY: GDffn k TOWN/CITY )1_d VILLAG�: Grient St.-,3. STREET LOCATION: Namy �� S : Liam o Male ul 4. OWNERSHIP: a. public f_1 h private D 5. PRESENT OWNER: Dr &Mr9. ae) aTd DorWAkDDRESS: - 6. USE: Original: ReniflAnCe - Present: Gamy 7. ACCESSIBILITY TO PUBLIC: Exterior visible from public road: Yes 91 No 0 Interior accessible: Explain DESCRIPTION 8. BUILDING a. clapboard 0 b. stone 0 c. brick 0 d. board and batten ❑ MATERIAL, e. cubhlestone 0 f. shingles Ex g. stucco 0 other: R STRUCTURAL a. wood frame with interlocking joints 0 SYST EAt b. wood frame with liglit members EJ (if known) c. masonry load bearing walls 0 d. metal (explain) e. other 10. CONDITION: a. excellent 0 b. good 0 c. fair 0 d. deteriorated 0 11. INTEGRITY. a. original site 0 b. moved 0 if so,when? c. list major alteaations and Jates (if known): - After 1906 and before 1920, two front dormers added, with One dormer changed and made larger in this same period. "New"brackets on top of posts. (See older photo attached). . 12. PHOTO: 13. MAP: ....��. •. • 1 Nit -. . t x 4j / } 111 12 hF0A4 SC Fr1c e s �tlLr ' \ A i • ! o4 3q 14. THRLATS TO BUILDING: a. none known (. b. zoning❑ c. roads ❑ d. developers ❑ e. deterioration ❑ M f. other: 15. RELATED OUTBUILDINGS AND PROPERTY: a. bang b. carriage house ❑ C. g - d. privy ❑ e. sited ❑ L greenhouse -- g. shop ❑ It gardens ❑ t t' i. landscape features: 5 j. other! _ 16. SURROUNDINGS OF T'HE BUILDING (check more than one if neces, a.open land ❑ b. woodland ❑ _ t c.scattered buildings ❑ - 1 - d.dertsely built-up ❑ e. commercial ❑ k f. industrial ❑ g. residential EX It.other: View ni" tho ^J+�Y i 1°? 17. INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: 1•'r �! (Indicate if building or structure is in an historic district) ft*fl"&jte' r Used as a summer rental cottage, In keeping with all the others of the same designation in the area. 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (including interior features if known): Interior not seen. SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION: 1873 Beers map shows a house on this site with the name "B.Harlew". G. Harlew was a later ARCHITECT: owner. BUILDER: 26. HISTORICAL AND ARCHITECTURAL IMPORTANCE: Marence Babbage bought property and lived here with his family around 1900. He was a steam engineer for the G.W. Hallock & Sons steamers:"Judd Field & Halyoke". Property bought by A. Pernchief around 1:906,. He was a retired boss carpenter from Brooklyn who added dormers. He bought additional land and constructed a barn. -He died 1920. The widow Pernchief then sold the house to a Mr. Knobloch. 21. SOURCES: Mr. Vinton Richard, nhtive of Orient -since '1890, and who has lived a" this street moat of his life. ?2. I HLh1F. cNAVI sr) W , I t �F Lcw GL Vi - N;/trrrSroe. L t t"'13131 ING-STRUCTURE IN1'EN'fORY FORM FOR OFFIC SE ONLY � i'3$ UNIQUE SITE N0. ( ��� cy11' DIVISION FOR HISTORIC PRESERVATION QUAD NEW YORK SLATE PARKS ANTI RECREATION SERIES `{ 11 ALBANY.NEW PORK 15111 17-1-0.179 NEG. NO. tJj YOUR NAME. P. Cdi9eos DATE: 12.7.3 APR 2 R 19'6 YOUR ADDRESS: PI.Y.C. TELEPHONE: ORGANIZATION (if any): Oysteryond r s Historical Society IDENTIFICATION I. BUILDING NAME(S): 2. COUNTY: Snffnl k —TOWN/CITY: Southold VILLAGE: Orient 3. STREET LOCATION;— "-1:4 :• :. 4. OWNERSHIP: a. public O h private 5. PRESENT OWNER " ADDRESS: 6. USE.: Original: Res deuce Present: �B 7. ACCESSIBILITY TO PUBLIC: Exterior visible from public road: Yes No ❑ Interior accessible: Explain DESCRIPTION g. BUILDING a. clapboard ❑ b. stone ❑ c. brick ❑ d. board and batten ❑ MATERIAL: e. cobblestone ❑ f. shingles ® g. stucco ❑ other: 9. STRUCTURAL. a. wood flame with interlocking joints ❑ SYSTEM: b. wood frame with light members ❑ (if known) c. masonry load bearing walls❑ d. metal (explain) e. other I0. CONDITION: a- excellent ❑ b. good IM c. fair ❑ d. deteriorated ❑ 11. INTEGRITY: a. original site ❑ b. moved ❑ if so,when? c. list major alterations and dates (if known): 12. PHOTO: 13. MAP: u , ..c. \ i .3 �� Y /f) r r et s �+Ou sr P@us EAST ,. r3 uo + •• APPEALS BOARD MEMBERS • �gtlFFO(�co �O Oy Southold Town Hall Lydia A. Torrora. Chairwoman p 53095 Main Road Gerard P. Goehringer e2 g P.O. Box 1179 George Homing O { Southold.New York 11971-0959 t Ruth D. Oliva y� O` ZBA Fax(631) 765-9064 Vincent Orlando Telephone (631)765-1809 hup: cnuthuldtown.nonhfork.nct BOARD OF APPEALS TOWN OF SOUTHOLD To: Mike Verity, Department Head Building Department D D From: Zoning Board of Appeals Date: March 4, 2003 Southald Town Subject: Application of J. & J. Woodhouse Plaanin Boa d Dear Mike: The Board of Appeals held a initial public hearing on February 20, 2003 on the application of J. & J. Woodhouse for a lot line change on SCTM# 1000-26-1-12 to create Lots 1 and 2, which application to the Building Department was denied for insufficient lot area and widths. A note at the bottom of the Building Inspector's December 16, 2002 amended Notice of Disapproval states: "The merger law would not apply to the property in question." Applicant's attorney maintains that the building inspector has determined that"the merger law would not apply to the property in question" because: (a) the building inspector recognized the two lots pursuant to 100-24A(1), and; (b) the two pre-existing lots have not merged because they are exempt from the merger law under Article 100- 100-25 C (5). The board's jurisdiction in this matter is appellate only.' The board cannot base its decision on hearsay of what the building inspector did or did not mean by the phrase, "The merger law does not apply to the property in question". At this point, the board does not have a decision or determination by the building inspector as to whether one lot or two lots exists on this property. Absent a determination by the building inspector that two lots exists, the board is without authority to consider or grant an area variance for a lot line change as requested by the applicant. Town Law 267-a 4. Hearing Appeals. Unless otherwise provided by local ordinance,the jurisdiction of the board of appeals shall be appellate only and shall be limited to hearing and deciding appeals from and reviewing any order,requirement,decision,interpretation,or determination made by the administrative official charged with the enforcement of an ordinance or local law adopted pursuant to this article..., The board would like to be able to process this application. Please render a determination so that both the applicant and Board of Appeals have a basis for reviewing and processing what is being appealed in this matter. In advance, thank you for your cooperation. F6 ,krydia Topq,p, chairwoman rbBoard otAIJbeals CC: Board of Appeals members Town Attorney Planning Board AIPLALS BOARD MEMBERS SVFFOJ/( o � X00 CGy Southold Town Hall T r Lydia A. Tortora. Chairwoman 53095 Main Road Gerard P. Goehringer at P.O. Box 1179 George Horning O Southold, New York t1971-0959 Ruth D. Oliva ZBA Fax (631) 765-9061 Vincent Orlando Ol �O Telephone(631)765-1809 http: Isoutholdtow n.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO TO: Planning Board '� FROM: Zoning Board of Appeal(k DATE: February 4, 2003 SUBJ. Appeal of December 24, 2003 Notice of Disapproval (Woodhouse) The Zoning Board of Appeals will be conducting public hearings on February 20, 2003 regarding the above variance request (#5218). The applicants have submitted an application to the Building Department for a proposed lot line request, and the variance is based on the Notice of Disapproval issued December 24, 2003 (copy attached). Your Department's review and comments are requested. Also, if there is any record of prior action by the Planning Board determination(s) regarding this property, please furnish our department with the copy for the Board's information. Thank you. Enclosures (copies from file) cc: ZBA pECEI FEB - 5 W D Southold Town Plannin Board •h 7\�' o�C�v JENNIFER B. GOULD �j 1 ,attorney at Lam Q. p.�. 210 Main Street • P.O Bos 177 • Green por[, New York 1 194 4 V Telephone 631-477-8607 • F,.,631-477-2601 December 27, 2001 Ms. Linda Ko%%alski Southold Town Board of Appeals n-� PO Boe l I79 Southold, NY 1 1971 RE: Woodhouse Lot Line Change Application Premises: 2395 Village Lane and 255 Navy St., Orient, NY Dear Linda: Enclosed please find the Amended Notice of Disapproval (December 16, 2002 & December 24, 2002) from the Building Department, along with six copies of the amended survey. Previously. I delivered an additional survey print to the ZBA office with a copy of my December 12, 2002 letter to Damon Rallis, requesting an amended notice of disapproval. The amended notice of disapproval states that the merger law does not apply to the Property in question. The two pre-existing lots at the subject premises have not merged because they are an exception to the merger law (see Article II, Sections ltltl-24 A(1) and 100-25 C (5). The single family dwelling at 255 Navy Street (picture enclosed), is known as the "Perinchief Cottage." It was conveyed by Adeltah and Annie Perinchief to Henry and Isabelle Knobloch by deed dated July 1, 1919, and recorded on July 11, 1919 in liber 980 cp 207 in the Suffolk County Clerk's Office. A copy of this deed is enclosed. Further, the metes and bounds described in the deed recorded in liber 980 cp 207 are depicted with dotted lines on the enclosed survey. In addition, the Building Department issued a pre-existing certificate of occupancy for both the Perinchief dwelling (255 Navy Street) and the Knobloch dwelling(2395 Village Lane) on March 10, 1995, No. Z-23539, a copy of which is attached. Please note that the amended survey for the proposed lot line change eliminates the need for a rear yard setback variance for the proposed lot number 1 by relocating the proposed boundary line 5 feet north of the pre-existing garage, rather than the 3.2 feet, as originally submitted. The amended notice of disapproval (12/24/2002) reflects this change. Finally, the original August 14, 2002 building permit application incorrectly stated "waiver of merger" and lot line change, rather than "exception to merger" and lot line change. I thought I'd cleared this point up in my August 27, 2002 letter that was submitted with the subject ZBA application. However. I apologize for any confusion the permit application may have created. I would appreciate your scheduling this variance application for a hearing-on the February 2(H)3 calendar. Very truly yours, ItInnifei B. Gould enclosure cc: Jerilcn and John Woodhouse ----- ----- MAP OP PROPERTY------ ------ 5177 OF�EMf __ _ _________— co-my,NY Willow Street - -- - - - N85°2550T 118A2' --_. JOAN N0RHIOC9AN - - r- ot ?J,--- ----- L- 4 =aa 7 lT ti �r. �.I LOT i o. i S} Q (L r'"P•' j� N'GM-11L'H .SX.'C fJ. Py y fN Se v vE - Ce `Sl�> ` 582' 1 qc 1 - ..�lt5—' .+crn- .. 4940'Y'kF44.09' ..586°I870'7N8571 E . Street ^!4Fa Navy = _ _ REFERENCE PE rtJpSURVEVOR - - - REFERENCE DEE�,g80 C 207 JOHN C-EHI ER5 L rAS 4AW iryE� _ --------------- w�<nuAn xr..m, xvs lRNp,qy� i �i•►o,ud �tJa 1 a3 APPEALS BOARD MEMBERS ��$UFF01d'C Southold Town Hall � ` Lydia A.Tortora,Chairwoman 53095 Main Road Gerard P.Goehringer x P.O.Box 1179 George Homing Southold,New York 11971-0959 Ruth D.Oliva y9y0! �.SOt' ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED •I-9-{ TOWN OF SOUTHOLD 3;a 5',v FINDINGS,DELIBERATIONS AND DETERMINATION AY g 2 — MEETING OF APRIL 17,2003 '"Y . C% Appl. No.5218–JOHN AND JERILYNWOODHOUSE Southold Town Clark Property Location: 225 Navy Street,Orient;CTM 1000-26-1-12 SEQRA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is a 42,154 sq.ft. parcel with 229.80 feet along the north side of Navy Street and 133.09 feet along the east side of Bay Avenue (a/k/a Main Street or Village Lane). The property is improved with four buildings: (a)single-family, 1-1/2 story frame house and accessory frame garage on the westerly portion, and (b) single-family, two-story frame house and accessory frame building on the easterly portion,detailed on the map prepared 9-22-98,revised 11-04-02 by John C.Ehlers,L.S. BASIS OF APPLICATION: Building Department's August 15, 2002 Notice of Disapproval, amended December 16, 2002 and December 24,2002, citing Section 100- 30A.3 in its denial of applicants'August 14, 2002 application. The reasons stated in the denial is that the sizes of the two lots, as proposed, are not permitted because the Zoning Code Bulk Schedule requires 40,000 sq. ft. of total area and a lot width of 150 feet. Also noted in the denial is that the merger law would not apply to the property in question, and the Building Department removed references to nonconforming setbacks noted in the previous disapprovals. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003 and April 3,2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants are requesting variances under Section 100-30A.3, Bulk Schedule, for the following: (a) lot area of proposed Lot 1 of 22,250 sq.ft. and lot width of 144.09 along Navy Street; (b) lot area of proposed Lot 2 of 19,904 sq.ft.and lot width of 85.71 feet along Nary Street. ADDITIONAL INFORMATION: On April 3, 2003, the applicants confirmed an amendment to this application requesting area variances for a minor subdivision application to the Planning Board, rather than a lot-line change. Page 2-April 17,2003 n Appl.No.5218-J.and J.Woodhouse ^lA 26-1-12 at Orient T� REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of an area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants request area variances for a minor subdivision resulting in two lots, each with a dwelling. The dwellings were built before 1957,the effect date of zoning,and are located in a historic district. At the hearings, no objections or concerns were raised by any of the adjacent or contiguous neighbors regarding the proposed area variances. The neighborhood is very developed consisting of many preexisting, non-conforming parcels approximately equal in size to the applicants' proposed lots and will not result in a significant increase in the density of the neighborhood. 2. The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue,other than area variances for a minor subdivision. The lot sizes as proposed are almost equal in size and are not able to be created without the requested area variance relief. 3. The relief as requested is substantial. Although the lot sizes are less than conforming,they are larger than lots existing in the neighborhood. 4. No evidence has been submitted to suggest that the proposed lot size variances will have an adverse impact on physical or environmental conditions in the neighborhood. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district because there will be no Increase in density. Each will contain a dwelling and accessory garage (which are existing). 5. The alleged difficulty for the applicants is self-created, since the applicants seek to create Lots 1 and 2 with nonconforming lot sizes. 6. The relief offered to this applicant is the minimum necessary for the applicants to enjoy the benefit of conveying land for each house, by separate deeds, while at the same time protecting and preserving the character of the neighborhood, as well as the health,safety,and welfare of the surrounding 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 Chairwoman Page 3-April 17,2003 Appl.No.5218-J.and J.Woodhouse �w 26-1-12 at Orient 1 Tortora,seconded by Member Goehringer,and duly carried,to GRANT the Variances in this proposed minor subdivision,and shown on the map prepared by John C. Ehlers, L.S.dated 9-22-98,amended 11-4-02. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Horning, and Orlando. (Absent was Member Oliva.) This Resolution w s d ted(4-0). Ly i A.Tortora,Chairwoman- for Filing 5/ z/03 Authorized Signature CC: file,Z.B.A. ---- -- 1T:OZ005pzi51D= Z�-�uu n-: Canmivbn ExNres Mamh 14,10 I FORM NO.3 NOTICE OF DISAPPROVAL 1 DATE:August 15,2002 AMENDED:December 16,2002 TO: Jennifer Gould A/C Woodhouse PO Box 177 Gromport,NY 11944 Please take notice that your application,dated August 14,2002 For permit for a lot setoff(subdivision)at Location of property 2395 Village Lane and 255 Navy Street County Tax Map No. 1000-Section 26 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The proposed lot setoff is not permitted pursuant to Article BIA Section 100-30A.3.,which states "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full.' The minimum lot size required in the Residential R-40 District according to the bulk schedule is 40,000 square feet and the minimum required lot width is 150 feet The proposed lot setoff will create a 21.875 square foot lot(Lot 1)with a lot width of 124.43 feet and a 20,279 square foot lot(Lot 2) with a lot width of 111.5 feet. In addition;the proposed setoff will relocate an accessory structure(Lot I garage)into the rear yard with a rear yard setback of 3.2 feet which is not permitted pursuant to Article III Section 100-33B, which states "On lots containing more than twenty thousand(20,000)square feet up to thirty-nine thousand nine-hundred and mnetv-nme(39,999)square feet such buildings shall be set back no less than five feet from any lot line." This Notice of Disapproval was amended on December 16 2002 to reflect the exact nature of this application. Authorized Signature CC:file,Z.B.A. • A �ror OfAce Uze ONy: F r _ Assigned N-% TOWN OF SOUTHOLD,NEW YORK I �� APPEAL FROM DECISION OF BUILDING INSPECTOR August 15, 2002 DATE OF BUILDING INSPECTOR'S DECISION APPEALED:..................................................... I TO THE ZONING BOARD OF APPEALS: I(We)Jerilyn,It.Woodhouse and John.H. Woodhouse ....................................... of (APpellanf). (1 323- ) ...�.Boa„3¢0,,,,Orients„NY, 11957 ,,,,,,, ,,,, el# 2762 HEREBY APPEAL THE DECISION OF THE BUILDING INSPECTOR DATED WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED.......................FOR: ( ) Permit to Build ( ) Permit for Occupancy ( ) Permit to use ( ) Permit for As Bulti O0 Other. Lot Line change permits Orient, NY 1. Location of Property 2395 Village Lane and 255 Navy St./ R-40 ...46....................................................:........... ..Zones District 10005ection...Zf1...Bloek.l...Lot(s)...12.................CunentOwner.Jeri].pn.8....and J hn H. 2. Provision of the Zoning Ordinance A Woodhouse Appealed. (Indicate Article,Sect or,Subsection and par graph of Zoning Ordnance by numbers. Do not quotb fhe lI Adlele.ZJ,ZA Section 100-3A�l..3Sub-Section..lee.'land Ipt Width Vari ce- The applicants will change the propo.7 lot }iae s$ �h t tie acce88so gggrz�a e 3. Type of Appeal. Appeal is made herewith fo wi a sTituate eat Irom iliaot 11n (R)[A Variance d fhe Zoning Ordinance or Zoning Map rather than 3.2 feet ( )A Variance due to lack of access as required by New York Town Law Chap.62,Cons:Laws Art,T6,Section 280-A ( )Interpretation of Article.........,Section 100-.._.............. ( )Reversal or Other. 4. Previous Appeal. A previous appeal property X4(d[>Y (has not)been made with respect to this P dy or with respect to this decision of the Building Inspector(Appeal#......Year.......). REASONS FOR APPEAL fAdWhpUgl shee h Mgy be with applicapt,s sl nafu 1 AREA VARf___gNCp gEgSONS (7) An undesirable _hang.will not be produced in the CHARACTER of the neighborhood or a detriment to n., 'by properties,if granted,because: .See attached j (2) The benefit sought by the applicant CANNOT be achleved by some method feasible for the applicant to pursue,other than an area variance,because: See attached (3) The amount of refleFregvrsl.d Is not substanRgl because: See attached (4) The variance will NOT have an adverse a @act or impact on the physical or environmental conditions in ore neighborhood or dishlgt because: See attached - (5) Has the alleged difficulty been sell-created? ( ) See attached ( )yep,or No. This Is the MINIMUM that it nxessary and adequate,and of the some time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ( )Check this box it USE VARIANCE STANDARDS are competed and atio had Sworn to before me this S hatu��a W A Y of ..$ 0 gent mL t subpellant or Autilorized Agent) Ulf, dzafl from ) GWLD lY oo use ! *t”Pubk Sbls of tie.YUIk nsser N.8200E8246W_Stft” John N. Woodhouse i DomstOlon Expkes Ranh 14.20 AREA VARIANCE REASONS: CONTINUATION (1) The single-family dwelling at 2395 Village Lane, Orient, New York, was built in the 1920's. The single-family dwelling at 255 Navy Street, Orient, New York, was built in the 1880's, if not earlier. See photo attached. Applicant is not seeking to increase the size of either structure and is seeking to conform with prevailing condition (lot vwidths) in the neighborhood. and a&d_ (2) The neighborhood consists of pre-existing non-conforming dwellings. There is no vacant land adjacent to subject premises to increase the size of either pre-existing lot to 40,000 square feet. (3) The proposed lots will be equal or greater in size to other existing lots in the neighborhood. See copy of tax map attached. (4) No additional construction is required. Each lot has a separate well and sanitary system. (5) No. Prior owners of premises combined seven (7) lots. There were 3 single-family homes on this parcel-"Murray" home destroyed by fire-see survey. " 1�21LYN . WOODH� OUSE HN H. WOODHOUSE Sworn to before me this 2L? t day of August, 2002 tory Public JENNIFER B.GOULD N0"Podk,W9dNewY0k N0.02GO5024640-SuffAM Cemnbn Ex"Moo 14,20 du BUILDING DEPARTMENT i you have or need the following,before applying TOWNIIALL Board of Health MOLD,NY 11971 3 sets of Building Plans TEL: (631)765-1802 Planning Board approval FAX:(631)765-9502 Survey www.northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Contact: Approved 20 Mailto,—TN or R- &uid- Disappmveda/c P.0 Wes,( 1'77 10AM Phon4q (31-4'17-860'7 Expiration 120 Building Inspector APPLICATION FOR BUILDING PERMIT q 'tG02 CU t., _-1 Date /�uC�OS+ 14 ,2002 L - INSTRUCTIONS ' attic ' ;;woo tion MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining promises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for im addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance.of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described,The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. LG7 St� CY�Y�Drp NOration) P-0 AC t 172 A52 jy t>y . (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder oLOnPr Name of owner of premises J014o H..WocdhW-,¢p Gird �Plyhg. (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 95 lbw Sfi2et ( iPrN U C House Number Street Hamlet County Tax Map No. 1000 Section o?(a Block I Lot 1Z Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: 1� a. Existing use and occupancy _-fj2»„y_dwclu24 wtN a� so2T.DOgre e' bang 9e- W4100rof wtAVr- SM Sirels?y and, lot Ilue 601r 0 b. Intended use and occupancy - z rc s 14 w L� OL - s4, dwel(ay and p*e- x/s+.ny aMessOity bad41rN,45. 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work Ii.+n r'tMac,e # u7aln.P r' (Description) VNW97' 4. Estimated Cost (') Fee $ '0 O (To be paid on filing this application) 5. If dwelling,number of dwelling units__C;t _Number of dwelling units on each floor If garage, number of cars - N&99 -'Ar- .ptp.0-o's copes a lUClt¢1Q 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. �. Dimensions of existing structures,if any:Front W tMN91i Reaz Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of------ tories 8. Dimensions of entire new construction:Front - Rear Depth Height Number of Stories 1 9. Size of lot:Front t Nq-('3 Rear I `l6 Depth 0107.'712 5Zw Sa,2” GoY off- Fro A+ t15 101 20?.1?S 10.Date of Purchase [fJ 5-Q FS Name of Former Owner Qren�),Iawr� 15 a00(os.�ar 11.Zone or use district in which premises are situated Q-4'(b )7+111)4? ekQAqe- �nF yatj s+F.127rt££ 12.Does proposed� v7olate any zoning law,ordinance or regulation?YES NO9Qregp ,u sid0 yArc! Sat?yorct. 5atroac 9a^x`Je-) t: + W."4*t4s. 13.Will lot be re-graded?YES_NO__� Will excess fill be removed from premises?YES_NO X 6R,Pn+ 14.Names of Owner of premises tsLrn4km5P— Address PQfQ 3e- TJy tg5'lPhone No.L. 51- 3�3 7.762- Name of Architect a_. Address _Phone No Name of Contractor N &- Address Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES_NO •IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES_NO •IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF Su411L) A� p,_ OCK I being duly swom,deposes and says that(s)he is the applicant —S(N of individual signing contract)above named, (S)Ile is the Ag914 - A'KorA" (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn tie me this ry day of Notary Public ignature o Applicant JOSEPH L.TOWNSEND JR. Notary Public,State of New York _ Oual.Suffolk County No.9388358 Commisslon Expires Feb.28,20 aJ OF SOUTHOLD PODPWY. WORD CA `"- •' STRE VILLAGE DIST. SUB. LOT R ERS. QULY' ACR. W TYPE F BUILDING Ce - of- b . Ste' Imo- � ARM !COMM. CB. MISC. Mkt. Value _ LAND IMP, TOTAL DATE REMARKS fr fl ®0 .d L y lzs ti o G®D Z 23 AGE BUILDING CONDI ION t 11 - 0(o SQ- � N NORMAL BELOW ABOVE - AR'M1h Acre Value Per Value Acre -pL IRZ 'rya�cal�san fiand fo Nloodhac� ors©aa nnabie 1 r;ltoble 3 Vomewna swampland; - FRONTAGE ON WATER Irusliland _ F -H RONTAGE ON.ROAD iousePkrt ®EPT'R MH✓ �. ,p-.. mro BULKHEAD 1 14, - _ 'Mal i CO TRIM ei11 l�_"_�!■i■oie■e■■e■e■e� ra�eeeu ve ae■(r■oe(�II�e■■e■eee■eF��ureee _ ° ■�eee(:o.�e(..aee■ee■Pe■■ee�eee■ �1��1e!�C�a<lelfri■■ee■e\i�isie/I#e■ _ �.' � - ■11►�;■e\lieelA■eeeee■eL�le■1!'J1■■e ■el.,..Giieiiinleeeee ode■ e■■a■1EillI6�!Ili■e■■■■■■■1•Ie■!■■■e e■�n rr�ne(•,�+roeeeee■■ee��1■■I�ee■ ■ee�(a■��=(iG/l■III■eee■�a%■c■■I■■e■ ■e■■■■ lift/■lee■!■■■!■EE■i■91■■■ '-°'�"""'�'x""` ■eeeEll�■iee■■■■■II ID�JJs1!i1■ee■ e■■■■e ■■eee■■■■e� .��.6v■■ei eeee■e■■■■■■■■e■■■■■��il■■ee■ raftrislon �® 5 sement �® 1.19i3= 15"6 z, Fli Recreation Roo Rooms 2nd Floo Ponch ®� _ Dormer Driveway 4- yes - RTY r TOWN OF SOUTHOLD OaeRTY RSC�D CARD . STREET rJ VILLAGE I DIST SUB. I,OT 1 f ji EROVJTjJ�R�/,rm son [gnd . ._ E ASR W TYPE OF BUILDING /c4dL I Y SEAS• VI FARM COMM. CB. MISC. Mkt. Value ®'O IMP. TOTAL DATE REMARKS i nR R--1741 5 S-L 1'78 50. � o0 eo &60 o o : 6 z I ol7-LJl z2— Andif rwr ''a ober�5 l � ot�d•c.I / .SAGE BUILDING CONDITION Nw NORMAL BELOW ABOVE A Acre 'Value Per Value Acre 'illuble 2 - illable 3 /oodlanO wampland FRONTAGE ONIMhFER rdshland FRONTAGE ON ROAD louse Plot DEPTH i a"n BULKHEAD ptpl - IDOCK 4 1 - COLOR w4ii7r - - _ TRIM wASir6 LL 1 � i � I niBldg.' see/ �•� z3 zo Extension. " /rxi y: Extension . P x /o i - a 326 aso S Extension - .. _.. Foundation Bath - Dinette Pow Basement Floors K. POD /9 ✓ s' .walls Interior Finish LP, Breezeway (Fire Place Heat DR. Garope - - ype Roof Rooms ist Floor BR. POO - f Recreation Room Rooms 2nd Floor FIN. B 3 X2 " H/1n/ a e2 8 9 7 S"O 4"/9 r Driveway 0 Total - LJ& 7TY 36 7$ - ` 2 Gary R. O'Connor-Architect, LLC 8 Coryell Street, Lambertville,New Jersey 08530, 609-397-3635 March 13, 2014 7d RECEIVE Zoning Board of Appeals Town of Southold Town Hall Annex 53095 Main Road BOARD OF APPEALS Southold,NY 11971 Re: #6729- Bertault Residence Accessory Building Relocation (VIA EMAIL and US MAIL) Dear Chairperson Weisman and Board, Mr. Bertault and I have received and reviewed testimony (pages 26-32 of 33) from the J. and J.Woodhouse #5218 Sub-Division hearing as forwarded from the office of Patricia C. Moore. We respectfully fail to see the relevance of this testimony as it pertains to our particular case. We understand there is concern for the well-being of all existing structures on this property. As per the testimony at the hearing, Mr. Bertault shared his vision of restoring the barn to its original integrity and character. It is not uncommon in preservation history for older structures to be repurposed and/or relocated. As such, you can see on the website of The Oyster Point Historical Society, the stories of several buildings which have been relocated for various reasons over the years. In reference to Ms. Moore's letter of March 5, 2014, we would like to comment as follows: 1. Comment: Setback variance from a "front yard" which requires a minimum of 35' when 20' is requested. Response: It was reviewed during the hearing that the survey indicates an average setback of buildings along Willow Street to be 4.1' where we provide 20' which we believe to be a reasonable distance given the location of similar structures in the neighborhood. 2. Comment: Accessory Building Exceeds maximum size permitted of 660 S.F. and exceeds 18' in height. The barn is 850 S.F. and the height is not provided. Response: The barn is a pre-existing non-conforming structure. The height of the building appears in two locations. On Drawing A-1, under Zoning Computations the Existing and proposed height is indicated. Additionally, on Drawing A-3 the height is indicated on the Building Elevations. 3. Comment: The Flood Zone may affect the height of the existing structure. The Flood Zone is AE 6 which requires the finished flood elevation to be a minimum of 8'. It is not clear what the owner intends to do with the relocated structure and at what height the foundation will be built. MAR 14 ?014 Zoning Board of Appeals BOARD OFAPPEALS March 13, 2014 Page 2 of 2 Response: As discussed during the hearing, the barn shall be used to house a vehicle and maritime equipment. The proposed finish floor elevation is 7' where it is presently 6.1'. While 7' conforms to FEMA regulations, it does not conform to local regulation requiring (2) foot of freeboard. It is my understanding following a conversation this week with Mr. Michael Verity of the Building Department that a 7' floor elevation would be permissible provided the building walls received flood vents. Mr. Bertault prefers not to have flood vents on the barn walls and would prefer to amend the proposed finish floor elevation to 8'. In doing so, we also propose the adjustment of the street line setback to be a more favorable 25' in lieu of 20' originally submitted. The adjusted barn height will be 18'-9" above finish grade to the ridge for the elevation facing Willow Street. The top plate of the barn side wall is an average 13.9' from grade as grade varies from east to west. In closing, I would like to reiterate that the rational to relocate the bam resides with the Owner's stated goal of restoring the barn, eliminating vehicular traffic adjacent to the house/across the septic system and for the simple pleasure of creating quality open space in the center of the property for gardening and the Owners enjoyment. We trust the Board finds this request for relief to be just and reasonable. Sincerely, !o O (qw ^'V Gary R. O'Connor, AIA Architect Cc: File Mr. Vincent Bertault, Homeowner MGC'ANLISS & EARLY, LLP :WALL STRE'8T PLAZA 11*8 PIN9 f;TFtPE'F TELEPHONE: 212-943-0280 NEt* YORK, NY 10005 FACSIMILE: 212-943-0283 MarcA" 3, 2014 p � Zoning Board of Appeals RECEIVED Town of Southold Southold Town Hall � ' " kiM 4 7014 53095 Main Road PO Box 1179 BOARD OF APPEALS Southold, NY 11911`d935"' ti' Attn: Vicki Toth - - 'Rq: Application of Vincent' Aea=tault 48729 Dear Members of the Zoning Board: Our firm represents Mr. : and Mfrs. A. 4, 'Bertsch, owners of 2395 Village Lane, Orient 'Point, NY,, The above property of Mr. Bertault is adjacent to' tk* Bertsch's property. Mr. and Mrs. Bertsch are currently in P1Qrida and will not be returning until on or about April 15 , 2634, It is the Bertsch's position that there should be no variance given sinoa ,that current proposal .violates the Town Code. We thank you for yp+= time and consideration. t , Very truly yours, 10M as a Mitchel i TJM/fl Enc, j r ' 1 1 (A 5 q B8 pime street ' Y4Tkj" ,,t2 16005 (212)943-0280 r TELECOPIER: (212)943-0283 Email: TMitchell@McCanliss.com FA CSnME TRANMYM;01q 1 PRIVATE RECEIVED M Ii Sig „ Y (IA " TO: VDC 1 'f (. �� I j 4, Ktgii , . I f( ' BOARD OF APPEALS COMPANY: FAX NUMBER.: f ' FROM: Thomas J.Mitch i TELEPHONE: (212)A3 423 :, ILL FAX NUMBER: Clot �I t , TOTAL PAGES (11�1C �yy #t n t ' MESSAGE: 1 d 6 Li r i, •I Wl • , �tl I It 1 IC �.r Il rl lrt YI i I�, y I ' � I at��it It �Id ' P �.. 6 " � 1 li ^y ILL li+y V I r ! ' may contain confidential or This fax is iatgndtd;Q !'' ° " ' n responsible for delivering the privileged infosmatinl.r ` message to the nalrltd i he contents should apt be disclosed to an oth IF ANY PART Off: : (212)943-0280 [ 1 l� I yy Il I' 1 f I ;. , 0 0 BOARD MEMBERS �O��r3F sooryolo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dames # Office Location: Gerard P.Goehringer G C Town Annex/First Floor,Capital One Bank George Homing p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yC�p)(rl,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 6, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. MARCH 6. 2014: 9:50 A.M. -VINCENT BERTAULT #6729 - Request for Variance from Article III Section 280- 15 and the Building Inspector's October 15, 2013, Renewed January 24, 2014 Notice of Disapproval based on an application for building permit for relocation of existing accessory barn and shed, at; 1) accessory barn and shed proposed in a location other than the code required rear yard, located at: 95 Navy Street (adj. to Willow Street) Orient, NY. SCTM#1000-26-1-12.2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.TothCcDTown.Southold.nv.us Dated: February 10, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME BERTAULT, VINCENT #6729 MAP # 26 .- 1 - 12 . 2 VARIANCE YARD LOCATION REQUEST ACCESSORY BARN and SHED 0 DATE : THURS , MARCH 612014 9 : 50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 0 s 01 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hap://southtown.northfork.net February 10, 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, March 6, 2014 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than February 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject properly seven (7) days (or more) prior to hearing. (it is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 4, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLDi ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS G6tRyR,l�lavrvorC,ff/� Ot/�+�c�7� own�l5 �R�11i'(R'(IV$ (Name of Applicants) SCTM Parcel # 1000- 2&,- /-12, 2 COUNTY OF SUFFOLK STATE OF NEW YORK I, G�6Ly G� ,O�Co NNA2 residing at /OZ X, UNION 7,j L Atn,"51t IqO/e New Yer being duly swom, deposes and say that: On the /!r day of r-ic6R UR Ay , 20/ I personally mailed at the United States Post.Office in L61" by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(>O Assessors,or(. ) County Real Property Office for every property which abuts and is`across a public or private street, or vehicular right-of-way of record, surrounding the applicant's proper' (Signature) o to before me this t� m .' (No ublic) 11arry►.wbarrorNa.Hawy Hrrde.Cary ma 244MO Mrcawarnlr BOW Neve0w6,2ote PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Lem AAE:Iul P-� NY o WlWm t �OA M N 2co • ' � — � 11 ����N � . 1 �alVk, N� 07101 7 Nvf�r,'Nm DWG IzVrmsON, Nj- 077 AM SANnRf� ►�5�1 of-,F-W ") N Y I Iqt 7- 2�•-I - 21 VIN 1 >M?4Gifl 4c&"'N Gam' u4N, �s W1 11qO1 42 LI, OEWN /AV-F,, Q&.-- I - 2-G MAIOyf%t� ANA&AR 11gG7 U.S. Postal Service'r'.1 U.S. Postal ServiceT1,1 CERTIFIED MAILTI, RECEIPT CERTIFIED MAILT. RECEIPT (Domestic Mail only;No insurance coverage Provided) Ej (Domestic maii . n- M ' 0lT Ln TN' 8 ;e`er 1 ra Postage $ $1.40 0826 a Postage 08'6 1 � Certified Fee $3,30 04 r C3 Certified Fee $3.3U 0y 17 Postmark Postmark O Return Receipt Fee / O Return Receipt Fee Here C3 (Endowment Required) $2,70 Here p (EntlorsementRequired) $2.l0 ResMIXed Delivery Fee 0 Re tooted Delivery Fee $0.00 (Endorsement Required) $0.00 (Endorsement Regmred) M1 ^+ o r--1 Total Postage&Fees $ $7.40 02i 15%2014 ri Total Postage&Fees $ $1.40 VM512014 Sent TO / r=1 Fent- o pt M_____________________ ...---_.........---.__. . .-._____....-.._______ t` pt.Na.;or PO Bax NO. i_T./f (__ ' _____________________________ x NO._ . �— ----- . _....__..-__...- -- e,ZIP+4. . Crty,State,Z/P+4 N v. irg :rr rr. See Reverse for 111st",fi-11 PS Form :00 rr. Gary R. O'Connor±AIA 102 North An Street Lambertville,NJ 08530 Architect, LLC Tel. 609.397.3635 Letter of Transmittal ............................................................................................................................................................................... To: Southold Zoning Board of Appeals Address: Town Hall Southold,NY 11971 Attention: Zoning Board Administrator From: Gary R.O'Connor Copy To: File# 1241-Vincent Bertault,Owner Date: February 25,2014 Project No.: 1241 Regarding: Bertault Residence-Proposed Accessory Building Relocation . .............................................................................................................. .............................................................. We are sending you ® Attached ❑ Shop drawings ❑ Plans ❑ Under separate cover ❑ Copy of letter ❑ Specifications ❑ Prints ❑ Samples ® U.S.Mail ❑ Change Order ❑ Other ❑ Hand Delivered ❑ Messenger ❑ For approval ❑ Accepted as noted ❑ Pick-Up ❑ For your use ❑ Returned for correction ❑ UPS Ground ❑ For your information ❑ Resubmit copies for acceptance ❑ Overnight ❑ As requested ❑ Not accepted ❑ For review and comment ❑ Return_corrected prints ❑ Accepted as submitted ❑ Prints returned after loan to us .............................................................................................................................................................................. Copies Date Description J 1 02/25/14 Certified Mailing Affidavit 1 each 02/25/14 (7)US Postal Service Certified Mail Receipt mailed 2/15/14 �I Remarks To date,(4)green signature cards have returned and(0)mail packages have returned undeliverable. 1 If enclosures are not as noted,kindly notify us at once. , J f Postal Postal RECEIPT CERTIFIED MAIL,. m CERTIFIED MAILT,, RECEIPT ' N r9 I. Only;NO insurance Coverage Provided) (Domestic� �H1#K 0�'d6 ° k N 7 A r.a Postage $ $1.40 0826 Postage $ $1.40 082'u A Codified Fee $T,30 04 ra Codified Fee $3.30 04 ° Postmark ° Postmark O Retum Receipt Fee 2 Here ° Retum Receipt Fee Hare ° (EndorsementRequired) $ .70 ° (EndomementRequired) $2.70 Restdded Delivery Fee Restricted Delivery Fee Ln(Endorsement Required) $0.00 (Endorsement Requiretl) $0.00 ry $ �!? $ $7.40 02/15/2014 r-1 Total Postage&Fees $7.40 O /15...014 r-1 Total Postage 8 Fees M Sent TO m Sent To W l dll! r -- � tf,.JN.. X 5 1 o G-'�N�-� ---------- 1 Street,Apt.No., qq d A' T t` Street,Apt.No.;- —T M1 or PO Be.No.__.___! .. f�4Z•IZlSflIU_-G�---- _...__.___________________ Or PO Bar NO...__.... y.. .�`/ ro � ,---___-----__--- CiN.State.ZIW4 PINK N °77m Crty,Stefe,ZIPad --+--!„•- .�( Q VM:.r . .r. :r. August 006 .l Sao Ro,c,,p for Msturr,b Postal U.S. Postal ServiceT. m CERTIFIED MAILT. RECEIPT ° CERTIFIED MAIL,. RECEIPT 0 (Domestic Mail only;No insurance Coverage Provided) C3 (Domestic .� - ° OtT s a F i En a u7 ra Postage $ $1.40 0826 rR Postage $ $1.40 0826 rl Certified Fee $3,30 O4 ra Codified Fee $3.30 04 ° Postmark ° Postmark ° Return Receipt Fee ° Return Receipt Fee Here ° (Endorsement Required) $2.70 Here O (Endorsement Required) $2.70 (Restricted Delivery Fee ° Restricted Delivery Fee (Endorsement Requiretl) $0.00 ra (Endorsement Required) $0.00 M1 r ra Total Postage&Fees $ $7.40 02/15/2014 r-1 Tom]Postage&Fees $ $7.40 021/15/2014 R1 Sant TO��/ ^r� // �Fp /'yy /,p RR Fsent-ro 7 '°"-I'V_--'--' // 16//7 N 0&,A rO Af,-7HUr? r '+A/�C�!`!'-.-___EX-TSL•1 r3 Street Apt Na.: 2 c ----____________________________ et,Apt Na.; or PO Box No. "J O Bax NO. .. ........... City State.Z/P.4 -N ...---State, ZrP.< 1&�7 PS Form :rr August 2006 Postal CERTIFIED MAIL,. RECEIPT co (Domestic Mail Only;NO insurance Coverage Provided) Er Ul �( § • $ En ra Postage $ L N y Certified Fee d' / Pos��ipT ° Retum Receipt Fee ^�� Here' ° (Endorsement Required) Restricted Delivery Fee ° (Endorsement Required)a � O M1 ,-=1 !� Total Postage&Fees $ M Sent r=1 To �yowr14s Mg r+ mi ---------------------------------------- --- ----- N or POBOx No. �yA. ..__..--:! 2— L)/�` O Lr-4 '^A.) 1 - _------._ City,Stefe,Z/P+4 �/ t/�/� NJ �7Y'� PS Form :r. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS I SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING VINE 13-- A" ; APPLACMT( /owl �-sAy I� ,C7 tCoMyoYL flll� ��f q�c/ s� 1 erst<v'ltvt —r (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as _I2 `z SCTM Parcel#I000- 2�o, e COUNTY OF SUFFOLK) STATE OF NEW YORK) I, _MY ©1 CoNIYCa, residing at 102 N,UNl a1U I /.4MARV"C ) 1V`.J ,Nrw +off being duly sworn,depose and say that: On the 22 NOday of Mme_, 2014-, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, Iocated ten(10) feet or closer from the street or right-of- way(driveway entrance)–facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be / *y4J- G& 2a1¢ A (Signature) Sworn to before mje this - Day of 1201 L� z l _. / Cecelia M.Dorsey . ry public State or New Jerzy (Notar blic) •^�"^°Coumy®"2177129 My Commimbo Expire November 9,2015 i * near the entrance or driveway entrance of my property, as the area most visible to passerby. p� ■ Complete Items 1,2,and 3.Also complete A. ignet Item 4 if Restricted Delivery is desired. '(�\ ■ Print your name and address on the reverse 17 Agent *� I/ so that we can return the card to you. Addressee ■ Attach this card to the back of the mailplece, B. Received by(Pant erne or on the front if space permits, ) C, Da of De very 1. Article Addressed to: a.4 D, Is delivery address diferem from Item 1? 0 S / �V I N -4 PATF-1 r%I h aN If YES,enter delivery address below: 0 No G 3 R 15A a;A-C ' LPrN Rs} NY 11�°I 3, fS.ervIce Type .q.Certified Mall• 0 priority Mall Express° 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restdcted 2. Article Number Delivery?(Extra Fee) 0 Yes ��-r (Transfer/rom service lebeq 7013170 cor-)j 1115q L? 51`13 PS Form 3811 July 2013 Domestic R _— _. _e-turn Recelot R: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 If Restricted Delivery Is desired. [ 0 Agent ■ Print your name and address on the reverse X i te 0 Addressee 80 that We can return the card to you. B. Received b (Footed Name) C. Date of Dellve I ■ Attach this card to the back of the mailplece, ry Or on the front If space permits, 7 /e ° g o g 1. Article Addressed to: D. Is delivery address different from kern 1? ❑Yes o > z s �g J. If YES,enter delivery address below: 0 No ❑ 0 8 I K 'fIV1�. T J/ •r"'/rvr I�'t Ci 'Re s cp � o 3, Service Type 2 m o 9 0 } 'Certified Mail- 0 priority Mail Express- 72 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery T M V 4. Restricted Delivery?(Extra Fee Dyes r�I�r�sevicelabso -7013 171,0 c/;001 15L10 (Po 20 08 Form 3811,July 2013 Domestic Return Receipt — m o O1 v It f ENDER COMPLETE Ue 9 9 4 ■ Complete items 1,2,and 3.Also complete A.Signatu a Item 4 If Restricted Delivery is desired, t 'o E ■ Prim your name and address on the reverse Masse o t so that we can return the card to you. B^NWIby(PrWeCT C. Date f Delivery !o o""a Q• ■Attach this card to the back of the mailplece, or on the front If space permits. ?. o D. Is delivery address dfrerent from ftm.k? 0 Yes i 1• Article Addressed to: m m E If YES,enter dell ry dress io No E« 9 0 P, or 514- a 3. Service Type Ftyo � Y E Fprtilled Mail* 0 Pdortly Mel Express^ �ffi a �i L6' ob N r� Is u8 G1 Istered 0 Return Receipt for Merchandise N �O ® 0 su ❑Collect on Delivery U. ted NOvery?(Extrs 1") O yes 2. Article Number �y�7 /'�� mansler from service label) o13 H 4 o x b 1 1 S'q o (eo o G i Ps Forth 3811,July 2013 Domestic Return Receipt Gary R. O'Connor AIA 102 North Pon Street Lambertville,NJ 08530 Architect, LLC Tel. 609.397.3635 Letter of Transmittal ............................................................................................................................................................................... To: Southold Zoning Board of Appeals Address: Town Hall Southold,NY 11971 Attention: Zoning Board Administrator From: Gary R.O'Connor Copy To: File# 1241-Vincent Bertault,Owner Date: March 1,2014 Project No.: 1241 Regarding: Bertault Residence-Proposed Accessory Building Relocation .............................................................................................................................................................................. We are sending you ® Attached ❑ Shop drawings ❑ Plans ❑ Under separate cover ❑ Copy of letter ❑ Specifications ❑ Prints ❑ Samples ® U.S.Mail ❑ Change Order ❑ Other_ ❑ Hand Delivered ❑ Messenger ❑ For approval ❑ Accepted as noted ❑ Pick-Up ❑ For your use ❑ Returned for correction ❑ UPS Ground ❑ For your information ❑ Resubmit copies for acceptance ❑ Overnight ❑ As requested ❑ Not accepted ❑ For review and comment ❑ Return_corrected prints ❑ Accepted as submitted ❑ Prints returned after loan to us .............................................................................................................................................................................. Copies Date Description leach 03/01/14 (5)Return Receipts 1 03/01/14 Affidavit of Public Notice Posting Remarks To date,(5)green signature cards have returned and(0)mail packages have returned undeliverable. If enclosures are not as noted,kindly notify us at once. 1 ' COMPLETE i SENDER: • Complete items 1,2,and 3.Also complete A. Sig n ure item 4 if Restricted Delivery is desired. X 1:1 Agent • Print your name and address on the reverse ❑addressee so that we can to the the card to you, g, Received by nted Name) C. bate of De ivery • Attach this card to the back of themailpiece, _ �( or on the front if space permits. n(Q I( 1. Article Addressed to: D. Is delivery address different from hem 1? Yes If YES,enter delivery address below. 13 No W(111?4M * �oANJ 6'�U, 11 f+A MI-150N 9f. f-Eob nn< , W o77a 3. ,,Seervice Type $Certified Mail® ❑Priority Mail Express' Registered ❑Return Receipt for Merchandise 13 Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Fxtre Fee) ❑Yes 2. Article Number 7� - (9n0 1 1!56[D (Transfer from service label) � I-710 PS Form 3811,July 2013 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTION ON DELIVERY I • Complete items 1,2,and 3.Also complete A. Sign Rem 4 if Restricted Delivery Is desired. X ❑Agent • Prim your name and address on the reverse ❑Addressee so that we can return the card to you. B. R eiviid by(Printed Name) C. of ON e • Attach this card to the back of the mailplece, or on the front if space permits. Nf D. Is delivery address different from item 1? P Yet I 1. Article Addressed to: If YES,enter delivery address below: ❑No 7a40MAZ2 * WR( A Ff--W eee- 1 42- [,iN'Df MAtJ ?4W/. • GLas'f��� N J O?w24 3. Service Type Certified mail- ❑Priority Mali Express- Cl Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extre Fee) ❑Yes 2. Article Number � (Transfer from serviceiabel) 79) 2? 1-71 Q V 1 I5 ` 69 PS Form 3811,July 2013 Domestic Return Receipt COMPLETE SECTION I � • Complete items 1,2,and 3.Also complete A. Sign Item 4 if Restricted Delivery Is desired. % ❑Agent • Print your name and address on the reverse X ` ❑Addressee so that we can return the card to you. B. 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Article Number `7 o 11 1710 000 I 1610 CD 013 r /Tom service label) 3811,July 2013 Domestic Return Receipt #11571 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 6th day of March. 2014. 'Principal Clerk Sworn to before me this Say MaYL-__2014. C I IN i- NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 mfr for relocation of existing accessory ing the code permitted 950 square feet �Lf arn 10 barn and died,at;1)Necessary,b and maximum, located at 2165 Gabtieft het,2)kw than Esc c"lle'regnited rear IEGAL NOIECE Shed prepo##d in a location other than Coil MatNmok,NY:SCIU01001)-108- yard setback"feeklad"dat 19915 SOUTHOLD TOWN ZONBMO � the code too& rear yard,bexad at. 4-732 Mahe Reed(aim ftft Reed-25)(coo- BOARD OFAPPEAIS 95 Navy Street (adj.to Willow Street) 11:15 AM.-GEORGE CURLS#6722 ner Stephenson Road and Private Road THURSDAY MARCH 6,2014 Orient,NY.SCIM#1000-Z6.1-122 U=F -Request for Variances from Article Ill (BiNaeq_e) % f�il�17- PUBLICHEABINGS. 11E10 A.M..- FO AM HO a Code Section 28015 and Article =1 1-13 �Sj NOTICE IS HEREBY GfVEN,pur- r 1 -Request for Variance from Code Seen=280+316A(1)and the Build- (A 4PH)Request'for suant to Section 267 of the Town Law Article IV Code Section 280.18 based mg Inspector's December 4,2013 Notice Variance fromAArticid Ill Section 280f5 and Town Code Chapter 280(Zoning), on an application for building permit of Disapproval based on an application and the Building Inspectors September Tbwn of Southold,the following public and the Building Inspector's January 9, for building permit for accessory ark- 24,2013 Notkeof-Disapproval based on hearings will be held by the SOUTH. 2014,amended January 16,.2014 Notice grwod swimruiog pool, at 1) location an application for building permit for an OLD TOWN ZONING BOARD OF of Disapproval'concerning a permit to other then the code requited rear yard, accessory mWound-so m usit pool and APPEALS at the Town Hall, 53095 construct a new single family dwelling, 1)less than the code lequitld lOD foot shed,at;1)proposed location other than Mom Road, RO. Box 1179, Southold, at;1)lot coverage more than the code setback from top of bluKlocated at 3190 the code required rear yard,located at New York 11971-0959,on THURSDAY permitted 20%,located at 5205 The North Sea-Drive (adj. to Long Leland 1700 Cede Beech Road Southold,NY. M&RCUA 14 Long Way(adj.to lung Island Sound) Sound)Orient,NY.SC1M#1000-15.1-5 SCIM11100089.24 kM A_M.- ROBERT, d MARY part Mmian,NY.SCIM#1000-21-5-11 11:40 A.M. - JOSEPH and CYN- The Board of Appeals will hear all ANN MAR R#6'26.Request for 1030 A.M.-L PATRICK and JEN- TWA %MAFRR 7-Request for persons or their_repcesenmbves, deair- Variances from Artide IV Code Section NIFER IIIGGINS#6730- Request for Variances from Article XXII Section ing-to be heard at each hearing,anthem 280-18 and Article XXII Code Section Variance fromArticte XXII Section 280- 280-116 and Article 7X01 Section 280- desiring to submit written slatemeets 280.116 and the Building Jospectnes 122A aedArticle Ell Section 280-15F and 124 and the Building Inspector's January before the coneuslon of each hearing. Octobw 24,2013,amended November 8, the Building Inspectors December 23, 8,2014 Notice of Disapproval based on Each hearing wilt not start earlier than 2013,amended January 6,2014 Notice of 2013 Notice of Disapproval based on an an application for budding permit for designated above.Files are available for Disapproval based noun application for application for building permit for addi- partial demolition and reconstruction of review during regular business iness boon building permit for am bon existing Lions and alterations to existing noneon- a single family dwelling,at;1)less than and prior to ft day of the besring'l single family dwelling(rased Penn with forming accessory garage,at;1)proposed the code required bulkhead setback of 75 you have qua;please contact our injOi ntrid swistnin8 pool), at; 1) less increase in noo-conformance,2)leas than fect,2)less than the code required front office at, (631) 765-1809,or by emad: than the code required minimum side the code required side yard setback of 25 yard setback of 35 feet,located at 1030 V1ckLIbth®14ws.Southo1(.ny m, yard setback of 15 feet,2)Len than the feet,located at 410 hrkson Street(adj. West Lake-hive(adj.to little Peconic Dated:February 10,2014 code required 100 fox setback from top. to Great Pecanic Bay)New Suffolk,NY. Bay)Southold,NY.SCrM#1000-90.2-3 ZONING BOARD OF APPEALS of blab located at 1365 Aquaview Av- SC1M#1000-117-1035 13'00 PM - FRFDERrCK C M r ESL1E KANFS WEISMAN,CHAIA- anue(adj.to Long Island Sound)East 10:50 A.M.-DENNIS P.and MARY- FIEL,D.JR.MM-Request for Variam: PERSON Marion,NY.SCLM#100022-2-1 ANN SCHLERSINGER #6724 - Re- or from Article XXIII Section 280124 BY.Vicki loth 9:50 A.M.-VINCENT BERTAULT quest for Variance from Article III and the Building Inspector's December 54375 Main Road(Office Location) 85729-Request for Variance from At- Section 28015C and the Building In- 26,2013,amended December 30,2013 53095 Main Road(MailinglUSPS) tide III Section 28015 and the Building spector's December 12,2013 Notice of Notice of Disapproval based on an ap P.O.Box 1179 Inspector's October 15,2013,Renewed Disapproval,based on an application for plccation for building permit to construct Southold,NY 119714M January 24,2014 Notice of Disapproval budding permit for an accessory garage, additions and alterations to existing sin- X71-ITS-ITS based on an appicstica for building per- at;1)proposed square footage exceed- gle family dwelling,at-,1)leas than the BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��Of SOUj�o 53095 Main Road •P.O.Box 1179 hO 1p Southold,NY 11971-0959 Eric Dances Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Homing �'�j • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��COUM'1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809• Fax(631)765-9064 April 18, 2014 Gary O'Connor 102 N. Union Street Lambertville,NJ 08530 RE: ZBA Application#6729 - Bertault Dear Mr. O'Connor: Transmitted for your records is a copy of the Board's April 17, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, $Plt�Vicki Toth Encl. Cc: Building Dept. 8ck 7 Ali , �n � /oC % Page 1 of 1 Giryi /0?- 6Z 139 05 0 N 4 7 y35 � w I�GJ`l 4 6 22 50 88 1N'11l 52 124 s9 O 4ps 1p 1 13 �2) 1 2: J N � . FM 1405 115 � Navy gt 126 155 G� 6z 25 24 I ; l2 21 118 N 62 � o 7 j'0 1 S 1 ej �1 �z. 0 26 49 118 s0 http://gis.co.suffolk.ny.us/rps/ESRI.ArcGIS.ADF.Web.Mimelmage.ashx?ImgID=3al84e9... 1/28/2014