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HomeMy WebLinkAbout6744 i Ili a_S N + ! 1 Se r�+ skis'/ � CARRIG PATRICK & MCDONALD MARK-S. 246 ergen ve2'I 8 -mattituc -. . `7 3 le pl of access over a pvt. R.O.W. prova ��c3.-.�f✓iSion/-�y_Scc.Gi: is rR.4 Ei9.._. BOARD MEMBERSoF soSouthold Town Hall � rry Leslie Kanes Weisman,Chairperson � Ol0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�COUNN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS R CEIVE TOWN OF SOUTHOLD I Tel.(631)765-1809•Fax(631)765-9064 MAY 2 7 2014 c�., S thold TowZ n Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 15,2014 ZBA FILE: 6744 NAME OF APPLICANT: Stephan Kalaijian SCTM#1000-112-1-18 PROPERTY LOCATION: 1977 Bergen Avenue (aka Private Road #12) (adj. to Long Island Sound) Mattituck, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 22, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 24, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject property is located in a split zone AC and R80 districts and has an area of 146,811 sq. ft. It is improved with a two story framed house with attached garage and decks; it has an accessory in-ground swimming pool and a shed. It has 174.35 feet along a 20 foot right of way (aka Private Road #12), 913.91 feet along the eastern property line, 168.14 feet on Long Island Sound and 844.29 feet on the western property line as shown on the survey dated May 21, 2012 last revised March 27, 2014 prepared by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an `as built' 3`d floor space to habitable space. RELIEF REQUESTED: The applicant requests a variance to convert the third story into habitable space to be used as a home office and gym, where the code allows a maximum of 2 '/2 stories. ADDITIONAL INFORMATION: Due to the sloping topography of the subject property, more than 50% of the basement level of the dwelling is above ground at portions of the varying grade, thus constituting habitable space as a first floor. The existing and proposed height of the dwelling is code conforming. During the hearing, the applicant was asked to calculate the size of the proposed habitable third story area. The space is noted to be used as Page 2 of 3 May 15,2014 ZBA#6744—Kalaijian SCTM#1000-112-1-18 an office and gym. No bathroom or sleeping areas are proposed. The plan, as applied for, included a new set of stairs with a separate exterior entrance to the proposed third story office. At the hearing, the applicant agreed to remove the separate exterior entrance and to provide only an interior access to the third story space. Other changes on the floor plan, as applied for, include alterations to the closet on the north side, which will remain a cased opening without a door, and the walk-in closet on the opposite side which will be used for storage. The Board requested that the applicant submit revised architectural drawings showing these changes, which were received on May 6, 2014.Additionally the applicant will have to comply with NYS Code and provide a fire sprinkler system on the third story. This property has two prior ZBA actions,the first in 1984 (#3246) which granted 280A access and the second in 1986(#3523)for a request to create a two lot subdivision/set-off which was denied without prejudice. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 1, 2014at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is not visible from any road and consists of over three acres surrounded by vineyards and woods, overlooking Long Island Sound. The design of the dwelling gives the appearance of two stories because of the dramatically sloping topography of the subject property, and the proposed third story use will be contained within the existing conforming roof height to which dormers have been added. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The home has been in its present location since 1990 and is built into a substantial slope creating a condition in which slightly less than 50 percent of the "basement level" is considered to be below grade and slightly more than 50% has been determined to be above grade. The entry level of the house is therefore determined to be a second story and the level above that is considered to be a third story. The existing topography makes it functionally difficult to construct an at grade addition for the proposed home office and gym use. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from present code requirements. However, the configuration of the dwelling and the unique topography of the property create the appearance of a two story dwelling and the height is within the code allowable maximum of 3 5 feet. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and is required to comply with NYS Code regarding a fire sprinkler system. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant built the dwelling 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 construction. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story use while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to Page 3 of 3 May 15,2014 ZBA#6744—Kalaijian SCTM#1000-112-1-18 GRANT, the variance as applied for, and shown on the survey dated May 21, 2012 last revised March 27, 2014 prepared by Nathan Taft Corwin, III, LS, and the drawings prepared by Mark Schwartz, Architect, labelled A-8, proposed elevations dated September 25, 2013 and pages A-9 & 10 (proposed floor plans) dated May 6, 2014. Subject to the following conditions; CONDITIONS: 1. Proposed construction and present home shall have a code conforming fire suppression system installed on the third floor prior to any C of O issued by the Building Inspector. 2. At no time shall any area of the proposed third story be used for sleeping quarters, bathroom or cooking facilities. 3. This grant is limited to daily habitable use of the family and not to be rented or utilized by a third party at any time. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing-1-17 /2014 NY LIC. 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TAX No. 1000- 112-01 - 18 SCALE 1 "=40' MAY 21 , 2012 JULY 24, 2013 ADD SPOT GRADES AROUND HOUSE MARCH 27, 2014 ADD PROP. ADDITION ou AREA = 146,811 sq. ft. (TO TIE LINE) 3.370 ac. Y NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM a�Qr�` Ftp EXISTING ELEVATIONS ARE SHOWN THUS: 100.0 EXISTING CONTOUR LINES ARE SHOWN THUS: -----100----- \\NF F.FL. - FIRST FLOOR G.FL. - GARAGE FLOOR B.FL. - BASEMENT FLOOR lap o �% tp FINAL MAP REVIEWED BY ZB SEE DECISION #DATED 15 li�L /a 1 / 90 /joo- //�///� / �// o ` ► \ I \ \ Y 1 11 \ 1,0 A 1 1 AIN4\LINK FENCE GATE \\ oJL, \ po\i 308. ?Do, STEPS BRICK PATIO h5 9 _ 40 ' O 0 Z a: -Z\ o N INGROUND POOL (/ 1119 p 117.7 W/00 PSV WEAL 71 O't1 'Y 1 3.7 ` -LpECKsrDley GRATE, s\°° N 111 x y� O I O 5d ��. 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IP _ ---- N 01FWIEirCKE �N -—- JOSE ETH WIERBICKE 7C _ & ELIZAB N' o_ S BeI0130" W A` \'0.110 i J \\ O \ 9� a iCP a 'a PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED ,N BY THE L.I.A.L.S. AND APPROVED AND ADOPTED E / X39,6 FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. .; OF jqetV N 615ti ',,fs (� S. Lic. 'No. 50467 o r w i n III TO ATHIS SURVEY IS AATV VIOLATION OFTION Nathan Taft C ti SECTION 7209 OF THE NEW YORK STATE Land Surveyor COPIESEDUCAT LAW. y COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED ao, TO BE A VALID TRUE COPY. 7, Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN Joseph A. Ingegno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Title Surveys - Subdivisions - Site Plans - Construction Layout TITLE COMPANY, GOVERNMENTAL AGENCY AND \0 p0 LENDING INSTITUTION LISTED HEREON, AND 5 6�20 00 PHONE (631)727-2090 Fax (631)727-1727 TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 THE EXISTENCE N RIGHT C WAYS ort, New York 11947 Jamesport, New York 11947 AND, N EASEMENTS OF RECORD, IF James port, ANY, NOT SHOWN ARE NOT GUARANTEED. LO- SO �pF SO(/r�,o 4` OFFICE LOCATION: ,`O� l0 MAILING ADDRESS: V Town Hall Annex L P.O. Box 1179 54375 State Route 25 Southold, NY 11971 A� (cor. Main Rd. &Youngs Ave.) p� Telephone: 631 765-1938 Southold, NY 11971 O�yComm i Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 10-74 RECEIVED To: Leslie Weisman, Chair APR 2 4 2014 Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2014 Re: LWRP Coastal Consistency Review for ZBA File Ref. - STEPHAN KALAIJIAN #6744 SCTM#1000-112-1-18 STEPHAN KALAIJ IAN #6744 - Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an `as built' 3rd floor space to habitable space, at; 1) more than the code permitted 2.5 stories, located at: 1977 Bergen Road (aka Private Road #12) (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-18 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. It is my recommendation that the proposed actions are EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS items "BB" and "ll" which state: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The proposed actions are not located within the CEHA. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 04/22/2014 12:15 631-853-4044 S C PLANING DEPT PAGE 02 ' COUNTY OF SUFFOLK RECEIVED APR 2 4 2014 Steven Bellone SUF70I,K COLrNTY V-XECUT1W, Department of BOARD OF APPEALS Economic Development and Planning Joanne Miunieri Division of Planning Deputy County Executive and Commissioner and Environment April 22, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O.Box 1179 Southold,QTY 1197.1-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 that A 1425 ofthe Suffolk County Administrative Code,the following application submitted to the Suffolk County Planning Conumissiort.is to be a matter for local determinationas there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or- disapproval. Aipplicant Muniei al File Number Zuar,Gary&Kathleen 6743 Kalaijian,Stephan 6744 Carbone,Ralph Jr. 6746 Pilipkowski,Karol 6747 Filipkowski,Karol 674E Desai&Barsi,LLC 6750 Very truly yours, Sarah Lansdale Di�r�ecctoorr of Planning I �Ize ,Y y Theodore R. Klein Senior:planner TRK/cd H.LEE DENNISON SLOG im 1100 VETERANS MEMORIAL ttWY,4th FI■ P.O.BOX 6100■HAUPPAUGE,NY 11788-0089 0(691)663-6191 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 19, 2014 J TO: M. Kimack for RECEIVED S. Kalaijian 321 Riverside Dr. APR 0 12014 ;; Riverhead, NY 11901 (BOARD OF APPEALS Please take notice that your application dated January 31, 2014 For conversion of an "as built" 3rd floor space to habitable space at Location of property 1977 Bergen Ave., Mattituck County Tax Map No. 1000— Section 112 Block I Lot 18 Is returned herewith and disapproved on the following grounds: The proposed habitable 3�d floor is not permitted pursuant to Article III 280-14-the Bulk Schedule which permits 2.5 stories. The proposed construction indicates three stories Note: Health Dept. approval& NYS Building Code compliance also required Authorized Si nature 0 C Vq (RECEIVED 11 APR U 1 ?014 Fee:$ Filed By: Assignment No. BOAR[ F APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No./17 7? Street efEiPr'�EN /ql/� Hamlet /WMfOCk SCTM 1000 Section 2 B1ock__LLot(s) Lot Size Zone - I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): 5122 ,�l,�7V ,L`A4,1/ it//l Al Mailing Address: 77 RQ.P�AV4.� ?, 6. ha(1627 MAp)`/tUC/C.IYX l/U Telephone: /7 7D9 &a) Fax: Email: 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:j4?/L/,I,q�'L .4.k,11y gC:& for o4 Owner( )Other: Address: _V/ IVy //!PC ) Telephone:61/-727-?/D3 Fax: Email:/y/(%myCe2/b klwaay, /VEl Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), bo Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2119/16/4 and DENIED AN APPLICATION DATED D/ FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use 00 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: /// Section: 280— Subsection:/4.'RUL/!I'J=/,/E 1-45 Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal W has, ( )has not been made at any time with respect to this Property, UNDER Appeal No(s).%M&W Year(s). /5789 1Q1Q6 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED APR 01 2014 BOARD OF APPEALS 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 ear properties if granted,because: rWeA4OP,?,fXN O� TWA D0,4/tiERS"A(J,17S 7''� r/y� � A4ErQ OF rM6,601KPING.rWe,4 1r1av 4;C 17-leANC[ash.rr/4/'PC 3W 15A ;V/ ae 0xPA,VP10N o,-`A VRr1441 A-/We BG/CphVGS fiV-'j7"LY rA'E 413ro ',W2v ,,W1AV.v 1Lo4KV .4S-A�r/ OF,r/c,E.PivO GYMN�J/U�, IS r®r�4 tl y E/yCZ01,-b AND Woi� NOT 016,44 D,ETi�/tl�NT ro A� veT R Cis krl— fl� � /S f8&V11D,5P W/ny 6WZy aNt-11 Ne4fffY 2. a ene rt sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: U/��S 44RMAIC4, >h'E U� 4--' )We TJ1/R.0 f�''o-RY � -09 N C,J)'712 r*�i� M '4S A?N Ae Dr' F�.4�`/r31.� IN 3.The amount of relief requested is not substantial because: TNS ;IVIR,47 lg?-o 0,'R AX4V •yqs,rcx/rT. 19 . W»y 7�'� W,,,W Jrlle C0A1Jr eVCP7&V q- Rte!'/l ✓� 140V8B ,etc V Or y� SCC OR/A5 3, 11D 1rh�4N � r� ,QOD�L1�1/,� W'4-5'R4f olp'Ea> 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1 M5 Av�AiSeV C25 /S &)rWA-/UZZY /S'O Ga 45P rr7)� mit/); Tye PMD,,"7Y e4A1r&'1,RS' ,yND PI-r7 NCX �s'f/oN fY� 19r WA5U 14 r Mir IIANV Mr 5.Has the alleged difficulty been self create ? Yes,or { } No Why: S A ���� Mor Div*;p wr#s vV'4W'#5 rA0W,47r/C Wout� 43!/r4u ry� ANP was amov2 lbM/T, wvl c.'/ w/v S' J'U�l,�y►'v r�Y aN/�r� .r�$r,�cT Y'a A aRo ,�UCdIV G, �', V�/Z 776V- Are 7,�' Are there any Covenants or Restrictions concerning this land? X 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 Authorization from Owner) Sworn before ne this /d day of ,201 . NotaryPublic DAVID J.JANNUZZI Notary Public, State of New York . No. 02JA6052585 Qualified in Suffolk County Commission Expires 2( RECEIVED APR U 12014 FINDINGS OF FACT/ REASONS FOR BOARD ACTION BOARD OF APPEALS 1. The applicant's house location is situated on a raised portion of a 3.37 acre lot primarily surrounded by acres of Macari vineyards. There is one residence adjacent, which residence is approximately 200 feet distance on a 5.2 acre lot. The addition of the four dormers and the staircase would not be detrimental to the adjoining residence. The added staircase would provide the owner with an additional, more convenient access to the third floor. 2. The variances requested although substantial, the use of the third floor Is limited to an office, a gymnasium and storage. The proposed area of the third floor will not be detrimental to nearby properties and the office and gymnasium will benefit the owner. 3. The proposed project will have not have an adverse impact on the physical or environmental conditions in the neighborhood, which is generally remote from residential dwellings. The owner will install a fire suppression system (sprinklers) for the proposed third floor and the staircase. In addition, gutters and leaders will be installed for the staircase structure and directed to an existing drywell 4. The difficulty has been self created . S. There are no covenants or restrictions concerning this land. Michael A. Kimack, Agent Sworn to before me this day of March, 2014 61 _/\-4 CONNIE D.BUNCH Notary Public,State of New York No.01SU61$5050 DuaWW In Suffolk County Commission Expires April 14,2�('p . � RECEIVED APPLICANT'S PROJECT DESCRIPTION APR U 1 2014 4 BOAR OF APPEALS APPLICANT: jW C",j!� L 4 DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: � ,� We UI,b,Bw/y//W 46 IGL// 'OD O'�c IA- W W19MlAE aC7 , e1�-Wrws'1'/A/1►lG,�w»v�0ows e6yewZ9f ,vv L, D S /S YV 6 -'Of YA" &M�Q AFJY&JT1e1aAS- 11. S / II.New Construction Areas(New Dwelling or New Additions/Extensions): J1000A0 Dimensions of€F*floor extension: Dimensions of new second floor: Dimensions of floor above second level• ,1-* F1t� Height(from finished ground to top of ridge): U�[,/LA/71 l 01 P C Ced/JOU" Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: A10 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: J'�"o�'Oy.Z' C.k5 W/o P ffjole4RS Number of Floors and Changes WITH Alterations: , roAe /IV rz?u /iy,4 W oma/�, dYW,4JM ", -o ,4yS w N PAI WESr1'/DW IV.Calculations of building areas and lot coverage(from surveyor): J* Existing square footage of buildings on your property:&! .' !Z o'&A"W— 3-9O -70 AX Proposed increase of building coverage: /37I'Q.F)-to�5M"io4/ /y-.4,PC/,tS;E Square footage of your lot: Q / Percentage of coverage of your lot by building area:0. 7 D C V.Purpose of New Construction: S OV/,T��e4�D�l�Dt,(/N ' W>D .�l .�/Ji�9.�d C'� RAID✓, 1�E.�d�l 1 ,e 4CM721fi AN.Q ri��l �/6.7 a. ' �o)e C0A1,Q1 M Vi l/G Auld P9X-PVAA1- J AM 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): &?a&CE J'y TL_Dl'69 "/' ay, 6-7 ya 4w/V LY 912�AE 172M MIA jJ.hLa5C1iM6 rAy1,EPD4PV /V610Z&OM *VP NX.CMV,&,_'/s MrN. A1A1AQ" !S' M4D. i4T,ELY WooD,te-D 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 �--�4q RECEIVED lj APR U 12014 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 'BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? _)(_No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses. l /P,# y&v W-4 W �fc 2.)Are those areas shown on the survey submitted with this application? )/,0S' 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? N��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? Me E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Al 0 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? Na If yes,please label the proximity of your lands on your survey. I. Please list present use oro operations conducted at this parcel Ve1Vd� .7,6 '-P JEUC� t&IbA °A6,e,Pc,& POC,kXPArlDand the proposed use Aelyg; 9600AW �s �'j(/J�J w AP�irtvy Or tri/1� �5�7�(JA/?Y�M• cex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date RECEIVED APR 0 12014 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS 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. 1. Name of Applicant: Z!/} cle- 2. Address of Applicant: Q f 3. Name of Land Owner(if other than Applicant): $' 4. Address of Land Owner: l 977 ,�, [�/�,�V /r'l�. CU�`CJyO�' � /V-Y `��JrZ 5. Description of Proposed Pro ject:f/ IA/ ¢9 D1� C h/ O �iV 6. "Location of an� Oml�l.�'Ob1fl�POMz'ND�L.�d2d!►IGITiCS�.P/�,� Property: number)— #V,6/y,F! /12 — ©L— 0/4? 7. Is the parcel within 500 feet of a farm operation? Yes { }No 8. Is this parcel actively farmed?Ix Yes I ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. oj� ��Cgie! PS- 40/e q f EV,✓," ti—Aggmi✓N&&w!y'/v,y, 115-777- 2. /5-77z2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) .Z� A Signatur of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. f RECE VED 617.20 -Nq APR 0 2014 Appendix B Short Environmental Assessment Form BOARD OF APPEALS Instructions for Completing 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 Name of Action or Project: 1 < ' e A� t. Q /m G Il U/y iriaww6-,,15 Project Location(describe,and attach a location map): Av 4 Y,,VWZI,& a G Aln Y / 95-22 Brief Description of Proposed Action: W49171-1),V 0,�C ON CLOJ�50 P7WIAV MG15 WlrlVP A'55erA5R1dR saTo vvzrrrzve of oe rr1,A5h0Fr1 44PI 7aov of (4) Pa eH,0,?s M-P00r) rd i�G- PP,0v&25.r0 . U1'r''P ro e AUor/',!5r 0F10;1 CWHIVAPI vh AW'0 Name of Applicant or Sponsor: Telephone: 2 d 3 M/c e- A lell-IAC)e E lli /Z&,c"r" Address: / ✓� City/PO: State: Zip Code: a� / 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: row.v L7,,c JVOW" )0550fir e C 3.a.Total acreage of the site of the proposed action? 7 acres b.Total acreage to be physically disturbed? 0, 674 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.�7 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial b&esidential(suburban) ❑Forest I<Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 p RECEIVED I 617.20 Appendix B APR 01 2014 Short Environmental Assessment Form BOARD OF APPEALS Instructions for Completine 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&� CI; ,0,9plY-1041 QF JrIVII?asf 1'0 �J?oF�1 f CPCWV G1rX1 C6, GyM�Vf/ VIV�/, JnW,4 64, Name of Action or Project: Y �2 Project Location(describe,and attach a loca ion map): Brief Description of Proposed Action: 440117 ON OL" .e cLGZ rD J)rX IR C4-Vo '4'OV'v f4iP Y0.17.�1/I ��PZ./'4 G�'tJ r0 I/vt�!'!'J`/A� of R�IZOWI -e ,*PPI771W lq/'Rti/cry GM 4►vo �!`1 rcb rJ � or,�a C.00 As /,sow) G Y/YNA✓J' Name of Applicant or Sponsor: Telephon 5V ZZ7--21 Org C ell-6+01K E- I C l 0 Address: �v City/PO: State: Zip Code: Dl I.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: >lp1NN or OeYWIWO�'�,�y/T 0' C 4-- 0 1::X 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? 4.064 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? _3.3 7 —acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial VoResidential(suburban) ❑Forest )<Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED • 5. Is the proposed action, APR � NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed req irements,describe design features and technologies: 411&Y l T44IM- ' 4? r" WYMO 61Avs 'y 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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 g Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? O YES If Yes, a.Will storm water discharges flow to adjacent properties? XNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: TdNO❑ YES Page 2 of 4 r RECEIVED 714q qPR 0 I ?014 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? BOARD OF APPEA If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 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?" .. No, Moderate smallo large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact . �. may may _ occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED APR 0 I N'`4 BOARD CSP ❑ 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 . • DECEIVED APR 0 1 ?014 BOARD OF APPEALS AGENT/REPRESENTATIVE014, J 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. YOUR NAME : lalll4Coe 4'wC171A,!5L ,9 (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance 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/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of ,2oj Signature Print Name N10VImcl .4• • 0R/G/.VWG RECEIVED APR 0�"20 14 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : x)2Ee1o" ,gLA/s1XN (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Y Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this / day of 20/4 Signature Print Name . RECEIVED Town of Southold APR O I 01"4 LWRP CONSISTENCY ASSESSMENT FORM 13UAi2D OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /`Z - 0/ -ZZ The Application has been submitted to(check appropriate response): Town Board F� Planning Dept. [11 Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license, certification: Nature and extent of action: Z69—ZQ JXWAI 215r33l>�A/CXC: 14101097441 101-1-'I-IllycZad2w /)J.PeaJZF ro 7 3V,0V QNV,6, r r0 5MA>1166 w1r1V7 I& OUR DoRH16,P.s A410Z4;0 �'Xr 80/4,rJ /, Joo JV<�"�� • • Location of action:_ /9 7 7 94e4dF/V .4 /2!5, /'' AM19'ly C/L A/•y OTZ Site acreage: /q(, Al I !'!�' �T �• 3y 4 � RECEIVE Present land use: /Q�1'/�j�/V 7I- A Z— A P 01 x1 Present zoning classification: ©®r, OF APPEALS 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: C/G (b) Mailing address: �Zl ,j/Ve5epff (c) Telephone number: Area Code( ) 4?/ 7227- 2 Ae2 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ NoX 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 Z Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No � Not Applicable RECEIVED APR 01 2014�� Attach additional sheets if necessary BOARD OF A15PEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes [] No F� Not Applicable 17.4 W'6-7-7–DV-'E QF m&C OU1E 1/Y177�J Mi.�i�.lsL WMA l�f" LJ" Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages S through 16 for evaluation criteria 11 Yes 0 No NS Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes 0 No ©Not Applicable `ZL Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 0 No KN Not Applicable DECEIVED APR 01 Attach additional sheets if necessary BOARD OF PPE n � �'LS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No n Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 2%445 f'lZaR&25550 CAI—EdO AA1 4C TNS eoc. G G 1, / N N /r 1P1,0��A" ,mak eZ6�AM PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. nn 9 1 No❑ Not Applicable ❑ Ye dzV' PV_MeZ2 1°W4JXC7_Ar Lo 49 Y4;0 D.1/ /3�01V�TF (_.BUD WY IV NO 01&/,C .4=6295 yr4 �i�Pr G -T1�72S Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. rszf © Yes ❑ No 1/19 Not Applicable RECEIVED jqq A R R 0 1 414r — BOARD OF APPEAL5 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No%Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No❑ Not Applicable ZME D XD Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No rJ Not Applicable Created on 5125105 11:20 AM FORM NO. 4 TOWN OF SOUTHOLDRE�CEIVED BUILDING DEPARTMENT office of the Building Inspector APR 0 1 2014 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z18806 Date FEBRUARY 16, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1977 BERGEN AVENUE MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 112 Block 01 Lot 018 Subdivision KALAIJIAN PLAT Filed Map No. Lot No. 1 conforms substantially to the Application for Building Permit heretofore filed in this office dated JAN. 21, 1988 pursuant to which Building Permit No. 16723Z dated FEB. 2, 1988 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 ONE FAMILY DWELLING, ATTACHED GARAGE, POOL AND DECKS. The certificate is issued to STEPHAN KALAIJIAN {owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 87-SO-229 FEB. 8, 1990 N093821 SEPT. 26, 1989 PAGE 1 & 2 UNDERWRITERS CERTIFICATE NO. N090271 SEPT. 3, 1989 POOL PAGE 1 & 2 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HEATING 1/19/90 OE A uilding Inspector Rev. 1/61 TOWN OF SOUTHOLD • L4 BUILDING DEPARTMENT RE EIVED TOWN CLERK'S OFFICE SOUTHOLD, NY APR 01 1014 BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38130 Date: 6/25/2013 Permission is hereby granted to: Kalaijian, Stephan & Kalaijian, Kathryn PO BOX 1627 Mattituck, NY 11952 To: "As Built" alterations (dormer additions) to existing single family dwelling as applied for. At premises located at: 1977 Bergen Ave, Mattituck SCTM # 473889 Sec/Block/Lot# 112.-1-18 Pursuant to application dated 6/10/2013 and approved by the Building Inspector. To expire on 12/25/2014. Fees: AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $400.00 CO-NEW CONSTRUCTION/ALTERATION/REPAIR $50.00 Total: $450.00 Buildi g Inspector 0 TOWN OF SOUTHOLD • BUILDING DEPARTMENT RECEIVED If TOWN CLERK'S OFFICE r' SOUTHOLD, NY APR 01 2014 f BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38058 Date: 5/29/2013 Permission is hereby granted to: Kalaijian, Stephan & Kalaijian, Kathryn PO BOX 1627 Mattituck, NY 11952 To: install a new boiler as applied for At premises located at: 1977 Bergen Ave, Mattituck SCTM # 473889 Sec/Block/Lot# 112.-1-18 Pursuant to application dated 5/17/2013 and approved by the Building Inspector. To expire on 11/28/2014. Fees: FURNACE/BOILER-RESIDENTIAL $200.00 CO -ALTERATION TO DWELLING $50.00 Total: $250.00 Building Inspector . FORM NO. 4 • RE EIVED TOWN OF SOUTHOLD 4 APR BUILDING DEPARTMENT 120r Office of the Building Inspector Town Hall BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No ZISS06 Date FEBRUARY 16, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1977 BERGEN AVENUE MATTITUCK House No. Street Hamlet County Tax Map No. 1000 Section 112 Block 01 Lot 018 Subdivision KALA.IJIAN PLAT Filed Map No. Lot No. 1 conforms substantially to the Application for Building Permit heretofore filed in this office dated JAN. 21, 1988 pursuant to which Building Permit No. 167232 dated FEB. 2, 1988 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 ONE FAMILY DWELLING, ATTACHED GARAGE, POOL AND DECKS. The certificate is issued to STEPHAN KALAIJIAN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 87-SO-229 FEB. 8, 1990 N093821 SEPT. 26, 1989 PAGE 1 & 2 UNDERWRITERS CERTIFICATE NO. N090271 SEPT. 3, 1989 POOL PAGE 1 & 2 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING & HEATING 1/19/90 uilding Inspector Rev. 1/61 RECEIVED Southold Town Board of Appeals APR 0 I �; 4 MAIN ROAD• STATE ROAD 25 SOUTHOLD. L.l., N.Y. 11971 �c TELEPHONE(516)765-1808 BOARD OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3523 June 6, 1986 Application Dated TO: Mr. Christopher Hahn [Appellant(s)] Benro Survey Ltd. as Agent for STEVE KALAIJIAN 25-56 222nd Street Bayside, NY 11361 At a Meeting of the Zoning Board of Appeals held on August 14, 1986 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Ar le III , Section 100-31, Bulk Schedule ..� qt,.a.s'•�4��-,rte-r.... [ ] " RegtLest for Application of STEVE KALAIJIAN for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient lot area of proposed Parcel No. 2 in this two-lot division/set off located on the north side of a private right-of-way extending off the north side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112-01-18. WHEREAS, a public hearing was held and concluded on July 17, 1986 in the Matter of the Application of STEVE KALAIJIAN under Appeal No. 3523; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documenta- tion submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing an acreage of 3.9486 and average lot width of 170 feet, and is more particularly described on the Suffolk County Tax Maps as District 1000, Section 112, Block 01, Lot 018. " 2. The subject premises is unimproved and is at the present time subject to a pending conditional 280-a decision rendered by this Board concerning this private right-of-way under Appeal No. 3218 dated November 15, 1984 (J. Wanat). 3. By this application, appellant requests approval of the proposed insufficient area of Parcel #2 in this two-lot division/set-off of land of 62,070 sq. ft. Proposed Parcel Y1 would be 109,932.92 sq. ft. The - depth of both proposed lots are 396.72 and 658.28 feet, respectively. CONTINUED ON PAGE TWO) k. DATED; August 20, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal-No. 3523 RECEIVED Matter of STEVE KALAIJIAN Decision Rendered August 14, 1986 APR a y 2014 4. The topographical contours of the premises varies as shown on plat prepared ®A D OF APPEALS by Bernhard H. Henn January 24, 1986 from 210 feet along the right-of-way to 255 and 260 feet within the building areas to the top of bluff. The area of unbuildable land below the bluff area has not been furnished, although when scaled on the January 24, 1986 plat, it appears to be an area of approximately 54,000 sq. ft. 5. It is the opinion of the board that the variance requested is 23,8501 sq. ft., or 30% of a variance from the requirements, which is not the minimal which can be obtained under the circumstances. In considering this appeal, the board also finds and determines: (a) that the practical difficulties claimed are not sufficient to warrant a grant- ing of the relief, as requested; (b) the circumstances are not unique; (c) the relief requested is not the minimal necessary; (d) there is another method for appellant to pursue; (e) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by denying the variance, without prejudice. Accordingly, on motion by Member Douglass, seconded by Member Grigonis, it was RESOLVED, that the relief requested under Appeal No. 3523 in the Matter of the Application of STEVE KALAIJIAN BE AND HEREBY IS DENIED WITHOUT PREJUDICE, AS APPLIED. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. lk +� GERARD P. GOEHRINGER, CHAIAW f RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE'�''cojSs6 HOUR Town Clerk, Town of Southold FF DECEIVED Southold Town Board of Appeals " APR o 12014 MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765.1809 BOARD OF APPEALS ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3246 Application Dated April 18, 1984 (Public Hearing June 21 , 1984) TO: Rudolph H. Bruer, Esq. as attorney [Appellant(a) for PATRICK CARRIG and MARK S. McDONALD Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on July 3, 1984 the above appeal was considered, and the action indicated below was taken on your pCXj Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application for PATRICK CARRIG and MARK S. McDONALD, (Owners: Eric and Nancy Malm), Richmond Road, Southold, ora Variance for approval of access, New York Town Law, Section 280-A over a private right-of-way located at the north side of Bergen Avenue, Mattituck, NY, to premises identified as County Tax Map Parcel No. 1000-112-01-018, containing approximately 3.9 acres. The board made the following findings and determination: By this appeal , applicants seek approval of access over a private right-of-way one rod (16.5' ) in width having a traveled width of approximately eight feet and varied lengths commencing at a point on the north side of Bergen Avenue, as follows: (a) north 998.33 feet, (b) east 140.00 feet, (c) north 2226.71 feet, and (d) 15 feet westerly along the southerly side of the parcel in question, as shown on survey prepared by Otto W. VanTuyl and Son January 31 , 1964 for Eric S. Malm. The following report has been prepared indicating as follows: The right-of-way is on original ground. Within the first 200 feet of length, there is some gravel content, and the base of the right-of-way is in fair condition in need of some improvements. The last 250 feet of length also has some gravel content. The traveled right-of-way appears to be within the perimeter of the legal 16.5-foot right-of-way, except at the sharp-turn areas where over-sized vehicles would appear to have difficulty staying within the right-of-way. The board members agree that improvements are necessary for sufficient and safe accessibility by emergency and other vehicles, and are subsequently noted herein. The parcel in question is vacant and contains 3.949 acres with 174.35 feet of frontage along a private right-of-way. For the record it is noted that there is an application under Appeal No. 3217 for Joseph Wanat requesting an area variance in a proposed set-off (division) of land, which appears to accessible by this same right-of-way. (CONTINUED ON PAGE TWO) DATED: July 24, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) -- - - -AdL —- ---- RECEIVED Page 2 - Appeal No. 3246 APR 0 1 2014 Matter of PATRICK CARRIG AND MARK S. McDONALD Decision Rendered u y 3, 1984 BOARD OF APP ALS In considering this appeal , the board also determines: (a) that the relief requested is not substantial under the circumstances of this appeal ; {b) that by granting the relief requested, the character of the neighborhood will not be adversely affected or changed; (c) that by allowing the variance, no substantial detri- ment to adjoining properties would be created; (d) no adverse effects will be produced on available governmental facilities of any increased population if the variance is allowed; (e) that the interests of justice will be served by allowing the variance as indicated below. Accordingly, on motion by Mr. Sawicki , seconded by Mr. Douglass, it was RESOLVED, that Appeal No. 3246, application for PATRICK CARRIG and MARK 'S. 'McDONALD for approval of access, BE AND HEREBY IS A V THE FOLLOWING CONDITIONS: 1 . The subject right-of-way must be improved and cleared of all brush or other obstruction a minimum width of twelve (12) feet in the following manner: (a) Remove topsoil and loam for a depth of one foot; (b) Replace topsoil and loam with a good grade of clean fill ; (c) Place a six-inch (6") base course of bankrun with 20% of gravel and 1.5% of loam content, or equal , on the replacement material; (d) Place a two-inch (2") top course of 3/4" stone blend on the bankrun; (e) Low areas must be raised to level of adjacent properties and culvert pipe installed at two low areas. 2. Pending and future subdivisions (or set-offs) along this right-of-way require re-application to the ZBA for additional review for access approval ; 3. Right-of-Way must be continuously maintained in good, satis- factory condition for access by emergency and other vehicles; 4. Upon written notice to the Building Inspector or Board of Appeals, an inspection and approval of improvements must be made prior to the issuance of a Building Permit; 5. All right-of-way improvements shall be made within the perimeter of the legal right-of-way. Location of Property: Private Right-of-Way at the North Side of Bergen Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-112- 01-018. Vote of the Board: Ayes: Messrs. Grigonis, Douglass and Sawicki . Member Doyen of ..Fishers. Island. was absent. Member Goehringer abstained. This resolution was adopted by majority vote of the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE G��� HOU_q 9,301911A SR I GN I J R. Chairman Pro Te July 25,. 1984 Town Clerk, Town of Southold � as y 1 i- �\ ,� �-� 1977 Bergen Ave,Mattituck,NY 11952,U5R� �"� �� �a y earthGoOgle km� 11 RECEIVED APR 0 1 2014 BOARD OF APPEALS GOOSIC feet600 earth meters 100 ECEIVED APR 0 ] 2014 BOARD OF APPEALS • *a,Q`V&1N,4L 6---Tq"1 RECEIVEL) AUTHORIZATION APR U 1 1014 (Where the Applicant is not the Owner) BOARD OF APPEALS I, .SSP/�,4�/ !r',41�1,>-/.apt/ residing at (print property Owners name) !9 77 9"66V M/67/U�, PD.fax 16,77, / y7-1-InVe � -Y ll9✓`�z' (mailing address) do hereby authorize All ey,4ZZ a le/M,V e,- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner Signature) ST i_P FrA w� 6��� q (Print Owners Name) Am "__'---..................... --------- , fes —Fl7' 7 7P t; v�/1 A. s � t ��r�i � �--+- -.. �.�.�'_���.�...�.___. _-•,--� --�__ ��Fl� � �{ ice,•.« e" vi 1 S a 1 i fMITJ Y- WL d r +�, pif3,•� ''���� ! �«� r �Ye � ��t/,ti/,...Y 4.. '4#' �� .}`r��. "sFay a�. '�. _ r� 'rS.y- ...y+ ri� � .f Y�.�) }•��• C. r}d �:A'rb,p. °M Mt.. ,./'.. ,,.♦ «,�y.( �a,.! k�t'MJ.y yf� r{av�,dq s .`1 �{�' �/' �e�13 � M fy m n s9y (1) STEPKAN KALAIJIAN TAKEN MAR.8,2014 LOOKING NORTH 1 � , , } a RECEIVED APR 01 2014 POARD OF APPEALS I u. y. . ME t + #a, � ``5,"�'^rear...". 'h'• '��, _ - ' ` (2) STEPHAN KALAIJIAN TAKEN MAR.8,2014 LOOKING SE I �•r a �b - - # gee r RIN :�,� NAM� � %� o�o�o�o�o�o� a r i r ' is t i v ;,..� lw go,v . t p C- `r .ir-. -� g4.ti� .,+, y.,� • fij'.'j�';' ��,�v;Z r a0<i. X'a;`f�yr,�t, �q'�1�� #a*sL�.m. Y s '_t +mL�,,, -- � i ,:°'`Pd.'{ _.. d�`Aw i�: •c `'�,; .'P1<��•2 +k- � � +ki:. .g. �. y ,.- .. •. i .. , (4) STEPKAN KALAIJIAN t1 TAKEN MAR.8,2014 LOOKING NW T' _ - � � •'� yi �, � ' . _..gra. -■e. III�'... \ _� . � r � r { •s 1 #y/ kyr-.arc■per:e. ' ' � LAD Now e7r 1 • ,,. =C x• A- l i •.�'r _.-.. �.. �` ' sem 'v`�� swzl �t..' r - .� '.;.,,�l� `. �� �`�. t a �k e ' � - - — � � � .. 7n t f _"��� ��► ..'��/�"7s��, ,,.rte , � '�"'`�---� y.�J„J.r"4v i �a � �� �`�Y y'�',.,x'�/1 •-r�, 7 •. ice.. F m �°�-� .�„ �' 1 7: 4z ET <. a A t f'S ER OWN "' ACREAGE e „. W TYPE OF BUILDI G REAUr- e4f4, y l,Jt1 SASS VL. FART iI COMM. � IND. [ CB. � MISC. NQ F IMP. TOTAL DATE REMARKS AV lo < ..Carn cc . . i AN imha , !" 4 - BULLDttalr;--CON 10 APAS 4 .�... Acre Value Per.Acre ' Valued e, B 'T >axle (Aho//3 - r 6781 Fo — d r-m eor- �T�r±Ita�ile. � Woodlands - Swampland Brushlond House Plot .._ M t .0 Total •rs �r +rte • o - RECEIVED APR 01 2014 BOARD ()f- APPFAIM, VD V . ' 6 112:1-18 3/13 7 (0 F ju.. .... - ! .. 4- F'o'undation Fo'undation Both 5' ax Basemen ��l Floors Oa { S r Ext. Walls (� S" Interior Finish Fire Place Heat.- ix ► d"i yI 3 ,, Porch Attic — Porch Rooms 1 st Floor Patio Rgoms 2nd Floor •, Drivewo Wf - r - . RECEIVED APR 01 201 SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS BOARD OF APPEALS REQUEST FOR VARIANCE FOR THIRD FLOOR IMPROVEMENTS 1. ZBA File: 6512 Approval of use of third floor for a sitting area,storage and access to a new balcony. 2. ZBA File: 6209 Approval of a home office and attic space. The area will have a comprehensive sprinkler system with no plumbing on the third floor. 3. ZBA File: 6097 Approval of a habitable area for the third floor with no bath or bedroom. Sprinkler system installed as per code. 4. ZBA File: 5822 Approval of a third floor observatory room with a fire suppression system. S. ZBA file: 5852 Approval of a third floor addition to allow habitable floor area. This approval allowed dormers contextual with the architectural integrity of the residence. A fire suppression system was required. 0 BOARD MEMBERSV soSouthold Town Hall Leslie Kanes Weisman,Chairperson ��� Ol0 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Gcehringer G Town Annex/First Floor,Capital One Bank George Horning Q a'�� 54375 Main Road(at Youngs Avenue) Ken Schneider coSouthold, NY 11971 RECEIVED 1 http://southoldtown.northfork.net �'�, ZONING BOARD OF APPEALS RECEIVED PR 01 2014 TOWN OF SOUTHOLD cv 3I Tel. (631)765-1809-Fax(631)765-9064 / 2 8 2011 BOARDOF APPEA`ANDINGS,DELIBERATIONS AND DETERMINATION Q MEETING OF NOVEMBER 17,2011S0116t1301 ®wn Ci rk ZBA FILE: 6512 NAME OF APPLICANT: Patrick Treanor PROPERTY LOCATION: 2055 Grandview Drive,Orient,NY SCTM#1000-14-02-3.20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: 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: Subject parcel is improved with a two story dwelling containing 47,757 sq. ft. It has 150.00 feet of frontage on Grand View Drive, 318.91 feet along the southern property line, 160.00 feet on the western property line and 303.88 feet on the northern property line as shown on the survey prepared by Peconic Surveyors,PC, dated April 26,2005. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 and the Building Inspector's April 21,2011 updated September 7,2011 Notice of Disapproval based on an application for building permit for construction of a third story"as built"to an existing dwelling at: 1)more than the code required number of stories of 2 and %i. RELIEF REOUESTED: The applicant proposes to use an as built third story as livable floor area for a new bedroom, bathroom and sitting space with balcony and attic storage in the subject dwelling presently under renovation. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on November 4,2011, submitted a plan describing the use of the proposed third floor for storage, a sitting room and access to a new balcony via sliding glass doors, bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The applicant stated that the dwelling will be equipped with a fire sprinkler system throughout. Page 2 of 3—November 17,2011 • ZBA File#6512-Treanor RECEIVED CTM: 1000-14-2-3.20 FINDINGS OF FACT/REASONS FOR BOARD ACTION: APR 0 1 201�qq The Zoning Board of Appeals held a public hearing on this application on November 3, Y1`,°44hg 1 eF w�ttri and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(,1). Granting of the requested variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject dwelling structure is similar in size, mass and style to the majority of residences in this neighborhood. There is no evidence presented that the use of the proposed area of the third floor will be a detriment to nearby properties and the sitting room and balcony will provide the owner with the benefit of a water view from the third floor. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The use of a third story of a one-family dwelling requires a variance by code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a third story use is substantial. However, the substantiality of the variance is mitigated by its use being limited to storage, a sitting room and access to a new balcony. 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 entire renovated dwelling will include the installation of a fire suppression system (sprinklers) and gutters and leaders into drywells to retain roof runoff onsite all per code. 5. Town Law 12267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Granting the limited use of the third story area, as described on the amended plan, as storage, a sitting area and access to a balcony is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story limited use while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as described on the amended plan prepared by Robert I. Brown,Architect dated November 3,2011 labeled third floor,drawing no.: A3A . Conditions: 1. The third story area shall only be used for storage,a sitting area and access to the balcony. 2. There shall be no interior doors installed on the third floor, except for a door at the top of the stairwell to the third floor and closet doors as proposed on the above referenced third floor plan That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying fora building permit,the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final architectural drawings 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. � • RECEIVED (p' Page 3of3—November 17,2011 4 APR 0`� ZO1� ZBA Filc#6512-Treanor CTM: 1000-14-2-3.20 ARD OF APPEALS Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagr s or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Dote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent w lember Horning) This Resolution was duly adopted(4-0). c Leslie Kanes Weisman, Ch ai rson Approved for filing ,1 I /2011 APPEALS BOARD MEMBER* 0 SD(��. 010 Mailing Address: Gerard P. Gochringer, Chairman p�L y0� Southold Town Hall 53095 Main Road - P.O. Box 1 179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G.� • Office Location: Michael A. Simon O a� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�CQu � 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northl'ork.net RECEIVED� p E ca_ ZONING BOARD OF APPEALS 1 qq Rep LVED TOWN OF SOUTHOLD APR U 1 2014 " l Tel. (631)765-1809-Fax(631)765-9064 "7 OV 2 5 =2040 BOARD OF APPEALS �uthold Mown Clerk INDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 13, 2008 ZBA# 6209 - M. JUDGE and E. COSTELLO,Applicants PROPERTY LOCATION: 13007 Oregon Road, Cutchogue CTM 83-2-11.14 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated _2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION• The subject property is a conforming 3.4313 acre parcel measuring 270 feet along the Long Island Sound to the north, 707 feet along the eastern boundary, 277 feet along the southern boundary, and 704 feet along the western boundary. The lot is improved with a single-family house and garage, as shown on the survey by Howard W. Young, L.S., dated April 21, 2005, amended January 30, 2008. BASIS OF APPLICATION: This request for a Variance under Section 280-18 is based on the Building Inspector's August 4, 2008 Notice of Disapproval concerning a new dwelling (under construction) for which a third-story is proposed for use as the owner's office rather than attic space. LWRP EXEMPTION: This application is exempt under Town Code Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, 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: pPR � 1 01� Page 2—November 13, 2008 OF p�ppEA�� ZBA#6209—M.Judge and E. Costello,Applicants �A�� CTM 83-2-11.14 AREA VARIANCE RELIEF REQUESTED: The applicants seek a variance to allow conversion of a portion the attic above the second-floor of this dwelling to a home office thus making this three-story construction. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of a variance to allow use a portion of the existing attic as a home office will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The change is interior and will not be visible from outside the house. 2. Town Law §267-b(3)(b)(2). The benefit of a home office cannot be achieved by means not requiring a variance. There no other suitable place for a home office within the house as constructed. 3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The new office space will be within the confines of the existing house. 4. Town Law §267-b(3)(b)(5). The need for a variance was created by the applicant when they decided to make part of the attic usable as a home office. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of use of a home office above the second floor of the existing house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. Neither the home office nor any other part of the attic will be for sleeping. 2. A comprehensive sprinkler system will be installed for egress and ingress leading to/from and within the third floor area. 3. There will be no other plumbing on the third floor. RECEIVED Page 3—November 13, 2008 i y`. `` ZBA#6209—M.Judge and E. C.� 10,Applicants CTM 83-2.11.14 APR 0 1 014 BOARD O "q F A PEALS That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer an , liva inizio, and Simon. Member Weisman was absent. This Resol n was duly pt ( - G D P. GOEHRINGER, CHA MAN 11/0408 pproved for filing FINAL MAP SEP 5 2008 REVIEWED BY ZBA c�`� SEE IMCOM 1:.,.-� 14•MICROtMA RIOG[ 2+12 rxorFfVM'NG �•.r:c:`.,-/4,��[ 1 '. � _ __ _ ___ __ _ __ _ __ _ 5TKLC • lf) y i T.O.5LOFlR-97-2' W - L U- O W T.O. L aC 3 • = 1 FOLEY•FIORE CM ARCHITECTURE �I T.O.-5U R-74.0 01 GRADE-72. ALIGN W7 WALLS e'CONC D•RAI SIAa 0 �VAKM&-fflxj Aa04f FOUNDAT1ON-sef CRAWL MAO! mbridge StreetCONT ' iUOU5 DETAIL 5"M Ab Cambridge,MA 02141 617.547.8002 a•R I C CONC RG WT(S)A4 CIMS CONTINUOUS Job: T.O.wD- Costello-judge AM Residence Date: IMMMM US 08/15/b8 01 ZO�a Revision: • APR Section gop�RD OF pLPPE L i i APPEALS BOARD MEMBERS 0� SU(/ Mailing Address: James Dinizio. Jr.,Chairman �y>� ryQ! Southold Town Hall ti O 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer #t Southold,NY 11971-0959 Ruth D.Oliva cn ac Office Location: Michael A. Simon ;kA ,�a�� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman I�CQU ��•` 54375 Main Road(at Youngs Avenue) Southold.NY 11971 RECEIVEDhttp://southoldtown.northfork.net U4 ZONING BOARD OF APPEALS b APR 01 2014 TOWN OF SOUTHOLD -7, Tel.(631)765-1809•Fax(631)765-9064 , BOARD OF APPEALS IEC 19 FINDINGS, DELIBERATIONS AND DETERMINATIO1�Tonf�o1�Town Cleri MEETING OF DECEMBER 6, 2007 ZB File # 6097 - DANIEL HUME Property Location: 14216 Oregon Road, Cutchogue CTM 72-2-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's October 1, 2007 Notice of Disapproval concerning a third-story to a single-family dwelling (under construction and subject to Building Permit#33295-Z). The Building Inspector notes that the construction shown on plans submitted September 19, 2007 reflect a third-story instead of 2.5 stories ZONING CHAPTER 280 OF TOWN CODE (formerly Chapter 100)• Zoning Code Section 280-14 states that no building shall be erected in the AC district with a height exceeding 2.5 stories. LWRP CODE CHAPTER 268 EXEMPT: This application is exempt from review pursuant to Chapter 268-3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275(Wetlands and Shorelines). Page 2—December 6, 2007 . • • ZBA File No. 6097—Daniel Hume CTM 72-2-5 RECEIVED APR n 1 2014 FINDINGS OF FACT BOARD OF APPEALS The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests permission to construct a 523 square foot floor area for habitable area, or a third story, in a single-family residential house. The code limits the number of stories to two and one-half stories. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Constructing a room within the house as framed will not result in any change to the existing building's exterior. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant, access to the upper part of the interior of the house, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. Town Law U67-b(Ub)(3). The variance requested herein is not substantial. There will be no change in the exterior dimensions of the dwelling. 4. Town Law 4267-b(3)(b)(5). The difficulty has been self created. 5. 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. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to Page 3—December 6, 2007 • ! • ZBA File No. 6097—Daniel Hume .APR 0 1_ !!�� CTM 72-2-5 BOARD OF APPEALS GRANT the variance as applied for, as shown on February 2007 Revised Sheet 1, July 2007 Revised Sheets 3 and 6, prepared by Charles M. Thomas, Architect, subject to the following CONDITIONS: 1. No bath or bedroom shall be allowed on the third floor. 2. Sprinkler system shall be installed as per Code. That the above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members inizio (C irman), Oliva, Goehringer, Simon, and Weisman. This Resolution was d Vadopted - J mes Dinizio Jr., air n 12/ 1 g'/2007 Approved for Filing - iii=� c5 111 it■ lu-=` `s iii all _f�■ i e�E} ul ii■ pl �(m�� �A ��„�� Tei►_-_ `� �-- �__ ,� s�►� error ... ...... ...a,� ..., i W =I o III— I alll 111 111 111 "siii� • 1 • _ I II III iuuu� �'w I i unu uini� ui l _� `_. Ron 111 11 iii iii ,111�11 no ONE own Ban vii, �� __�Ilnll'IIIIrIIIIIIIIIIIL I iii iiiI�p 111 I 1®- �ull� 11 11 �'uii i'_I I�IIIPII IIIIIIIII��IIIIIIIII IIII�II",IIIIIIIIII IIIIIIIIIIIIII .....n..� m..., o.A.�u■ u.r.■ : o..o n■ ■u i u■ n■ - 03 ©©© -- © ®©© IIIIIIIII ! 111111 — '�! I IIIIIIIII IIIIIIIIIII.I IIIIIIII v APPEALS BOARD MEMBERS $Q ding Address: Ruth D. Oliva,Chairwoman y��0 UTyQSouthold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P. Gcehringert Southold,NY 11971-0959 James Dinizio,Jr. H Q Office Location: Michael A. SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�C�+' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 6* http://southoldtown.northfork.net RECEIVE® '> ZONING BOARD OF APPEALS RECEMD APR 01 2014 TOWN OF SOUTHOLD /:fid P/yL Tel.(631)765-1809-Fax(631)765-9064 FEB 72006 AND DETERMINATION BOARD OF APPEALSNDINGS, DELIBERATIONS, C `- / MEETING DATE: February 2, 2006 Soufiu,id kr:n Ci'erk PUBLIC HEARING DATE: January 26, 2006 ZBA Application No. 5822 Applicants/Owners: JAMES NEUMANN Property Location: 750 Mill Road, Mattituck CTM 107-1-1 SEE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 24.9088 acres with direct frontage along Mill Road in Mattituck. The house was demolished, pending reconstruction of a new single-family dwelling (see open building permit of record). BASIS OF APPLICATION: A variance is requested under Section 100-30A.3, bulk schedule, based on the Building Inspector's October 20, 2005 Notice of Disapproval concerning a building permit application to amend Permit No. 31483-Z for construction of a new dwelling which will exceed the code limitation of 2-1/2 stories for proposed 132 square feet of space above the second floor and code-compliant stairs, at 750 Mill Road, Mattituck; CTM 107-1-1. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, 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: RELIEF REQUESTED: Owner/applicant requests an amendment to an existing building permit in order to construct a 132 square foot enclosed "observatory room"extension at attic level with interior code compliant stairs that will rise above the two-and-a half-story code bulk schedule to obtain views of Long Island Sound above the existing mature tree line to the North of their property. Page 2-February 2, 20 0 • RECEIVED Appeal No. 5882-James Neumann CTM 107-1-1 TW APS �,4 REASONS FOR BOARD ACTION: On the basis of testimony present dpmate�na'TS "APPEALS submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject house and property has no immediate neighbors and is screened with heavy trees. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an amendment to their existing building permit allowing construction of an extension above the 2%story height limitation. 3. The relief granted herein is not substantial. The proposed observation room is 132 sq. feet which represents 3.4% of the gross room area. 4. The alleged difficulty has not been self-created. The owner/applicant is building a new home over the footprint of their older family home, which for many years afforded them a full water view of the Sound from their second floor. As trees matured over time, their views have become restricted. The third story observation room is necessary to both preserve the mature tree line and the owner/applicant's desire to continue to enjoy views of the Sound. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of views of the Sound while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carried to GRANT the variance as applied, as shown on the plan ALT-1 revised July 15, 2005 by Ronald Edward Pfuhl, Registered Landscape Architect, subject to the following Condition: That the dwelling be outfitted with a fire suppression system meeting New York State construction codes. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon, and Weisman. Member Goehdnger was absent. T ' esolutiones lxadopted (4-0). Ruth Oliva, Chairwoman(, 2/6/06 Approved for filing l5� 2:5e. SEE SEC.NO.100 pov P MATCH & EL z a P LS 24 COUNTY OF SUFFOLKP 1 1.3 "�• G[vEl lr+IK11T RIpkTSI 10.5A O ^K( 1^1 COUNTY OF SUFFOLK V VVELOPMEMT PFiITSi n 1 � 1 24.3A(c) s i tl 4 l.A i U.SA 1 M� I �• i s zA � S'1 �• MS*W 9�5� COUNTY OF SUFFOLK '" i�F ° ~, • � IOEN[LOPEIINT ACNTsI h7 07, ^a '� 'S.9 z Il 4 .P � c) S A S 9 jf• 2.44GASW eye• Mra► z `GO 1_}fft V J ml ° TOWN OF 14.1 1� SOUTNOLO d ti� ��� +,• 1� ,.y g;l �K i 0.0►t01 • 5 V P � � z • • A 's � 11 � 1 e 10 r A �13 n T i DSS a �Q` 13AUc) 2.IAIe1 .a G w , � jOti /�/ (�j �+• �\ _ aR i •� s � �1 11.5 LOW) 9 N6 Q? ,�/ 'O• '�Ny1^ V d V \ 1 '��'S•( Z1 �1 .c^� 1' I rya- 1• i 1s S�T�' Sy ( tA. A 141 L•�L/ �'MV d�•IN & FOR PCL.N0. f ~ 6 y'iO 1 , 1 .p s�y M.1 l,�!Y7 1.1A S.lAlci rtwI�KEN1 c '.. � )1 10 143. t E• � _ J1� ' e oo �. � .i 1e i .+�Q. ;S 1�'L �{ �'A rlr+oE��CP •I\vf. Zs WTpI $ NINE L RneR lT r A Lv. TT LCd+s en IN vw N t LM l SU o+gvrtl r. ——SM— k y —Z —-n—- e L[SS oPRe OIPFPaiu, RU PIgPCPTKS 1.6 —0—G DST-1, G _____ • ew L W. P —_e__ k. — saapl f .10ER eF0 1 LMWkR IN ItR D•a pk.wkM eNr W1,kl lW —MT fel( )pE Dukl Ike I Sl.rk -•�•� .. My,e OM.W,n •T'~ �� lkm W..t.Lr. -t - Mtrkl llM -•�._ IIGkT�[ FRT[P —�— R.M 1r�-1 'amu •a�eA El ooa= ® ---- L[GOND FLOOR KCY PLAN uC �,w `j �J JJ �{ f4 �J ®+..��.we ii.� xrm rua us roanrro arwrra,xuurooeenvunoxuw i _ NORTH ELEVATION WKR DAIC OWERVAn T Y L NEUMANN RLSIDENCE rwrtRr row.wswmao Y r� N �xrraumiun.�ew.cu �1 FIRST FLOOR PIAN rvu.nm SEC�ND rLOOR FLANRLOOKLEEVEx�FL nORPLAN(ter IXFLOOR VARIANCE) ERVATION OVERLOOK KEY PIAN uta i�•�r••o� � i �•a wu: xw. i.r.rc oee rna rwl u�ou ZA 5'FAa rus«xow mnr sr�uae ,� �� ALT-I RECEIVED APR 0 I BOARD OF APPEALS APPEAL-5 BOARD MEMBERS ® o�SSU Mailing Address: Ruth D. Oliva, Chairwoman h0y>� ryQSouthold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer > t Southold,NY 11971-0959 James Dinizio,Jr. G Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman0u�(,11 54375 Main Road(at Youngs Avenue) Southol�llg71 RECEIVE (" http://southoldtown.northfork.net 1VED APR 0 12014 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUN 5 2006 BOARD OF APPEALS Tell.(631)765-1809-Fax(631)765-9064Sio �� ice• FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 27,2006 ZB File No. 5852—ERIC ROULEAU and JAMES CARDWELL Property Location: 3105 Peconic Lane, Peconic CTM 74-4-16.1 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 applicant's 25,700 square foot parcel has 150 feet along the west side of Peconic Lane, Peconic, and is improved with a 2-1/2 story home, as shown on the September 11, 1978 survey prepared for a previous owner, Louise O. Day, by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's February 6, 2006 Notice of Disapproval, citing Section 100- 30A.3, in its denial of an application for a building permit to construct alterations to the existing non-habitable attic. The reason stated by the Building Inspector in the denial is that the Code limits a building to 2-1/2 stories, and the proposed alteration converts the attic to a third story. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct alterations which will result in an increase of 365 square feet of habitable floor area to the current non-habitable third floor space. The 365 square foot increase is equal to about half of the lower first two floor areas. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are renovating the existing home, adding a sunroom with deck accessible from the second floor, adding a similar roof deck accessible from the third floor over the existing second floor, and increasing the roof height by 2 ft. 6 inches to allow habitable floor area in the third story attic floor area. The third floor addition was previous construction in the 1940s, and will also convert a relatively flat roof to a pitched roof, and add to dormers that are contextual to the original architecture. The applicant is recreating the third floor of the home that was built in the early 1900s. Although the Code does not allow third- story homes based on the limitation of 2-1/2 stories, the Board does feel that with reasonable conditions, the result will be favorable to the architecture and integrity of the house, adding to the value, safety, and character of the house and the neighborhood. Page 2—Apn I L.l,200696 ZB File Nc.5852—E. Rouleau and J'�rdwell RECEIVQ CTM No.74-4-16.1 APR U 1 2014' BOARD OF APPEALS 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 home was built in the early 1900s and a part of the third level was used as habitable area, before it was converted to the existing non-habitable attic. 3. The difficulty was created when the third floor was altered and re-designated an attic by previous owners. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. As a condition to this variance, the dwelling will have installation of a complete fire suppression system (for all floors). RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the applicants' elevation and building diagrams date stamped Feb. 14, 2006, and a copy of a J. Ehlers surveyor map received from the applicants on February 14, 2006, subject to the following condition: That a complete fire sprinkler system shall be installed by the applicants. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). — \_i LC' _ Ruth D. Oliva, Chairwoman 6/ =�/06�Approved for Filing RECEIV E „ I APR 0 I Z 14 1(� BOARD OF APPEALS t�rrQoS�r ic�h+ 1 V C <•;�-"� '(�`� 3D+D '-'�_�: !tip 1" lam III I. L IP 11C u l .1 � �ILu�iu�T����. - --- -- L I1T-IFT i L� .................................... (0rt RIGHT SIDE ELEVATION 5CALI : 114" - I O' - RECEIV q APR 0 1 2014 BOARD OF APPEALS U IL B 111111 11 111111 Hill[ III I H 1111 111 BULUJI 11 bill Hi LI III IITT 11 U H1 RIGHT 51DE ELEVATION. SCALE: 1/4' = 1'-0" ___. * * * RECEIPT * * * Date: 04/01/14 Receipt#: 166660 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6744 '$500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1248 $500.00 Kalaijian, Stephan Name: Kalaijian, Stephan 140 E. 72nd St. #16a New York, NY 10021 Clerk ID: CAROLH Internal ID:6744 o�oS�FF011re ELIZABETH A.NEVILLE,MMC may► r/y Town Hall,53095 Main Road TOWN CLERKP.O.Box 1179 CIO 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S Fax(631)765-6145 MARRIAGE OFFICER Al RECORDS MANAGEMENT OFFICER ��! .�`�� Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 3, 2014 RE: Zoning Appeal No. 6744 Transmitted herewith is Zoning Appeals No. 6744 of MichaelA. Kimack for Stephan Kalaiiian -the Application to the Southold Town Zoning Beard of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval from Building Department Dated February 19, 2014, Certificate of Occupancy No. Z 18 806 for One Family Dwelling Dated February 16, 1990, Building Permit#38130 for"As Built"Alterations to Existing Single Family Dwelling Dated June 25, 2013, Building Permit#38058 to Install,a New Boiler Dated May 29, 2013, Certificate of Occupancy No. Z18806 for One Family Dwelling Dated February 16, 1990, Two Pages of Board of Appeals No. 3523 Dated June 6, 1986, Two Pages of Board of Appeals No. 3246 Dated April 18, 1984, Two Pages of Google Earth Photo, Authorization Letter from Stephan Kalaijian to Michael A. Kimack To Represent him in this Matter, Six Pages of Photos of Property, Two Pages of Property Record Card, List of Southold Board of Appeals Prior Findings& Determinations for Property, Three Pages of Zoning Board of Appeals No. 6512 Dated November 17, 2011, Four Pages of Zoning Board of Appeals No. 6209 Dated November 13, 2008, Four Pages of Zoning Board of Appeals No. 6097 Dated December 6, 2007, Four Pages of Zoning Board of Appeals No. 5822 Meeting Dated February 2, 2006, Zoning Board of Appeals No. 5852 Dated April 27, 2006, Three Pages of Plans Showing Proposed Construction Dated September 25, 2013 Prepared by Mark Schwartz AIA, Survey of Property Showing Existing& Proposed Construction Dated March 27, 2014 Prepared by Nathan Taft Corwin III-Land Surveyor. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF S�UjyOl 53095 Main Road-P.O.Box 1179 Q Southold,NY 11971-0959 Eric Dantes � � Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ,'�c►O • �O 54375 Main Road(at Youngs Avenue) Kenneth SchneiderIyc,VU Southold,NY 11971 01 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, MAY 1, 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, MAY 1, 2014: 1:50 P.M. - STEPHAN KALAIJIAN #6744 - Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19, 2014 Notice of Disapproval based on an application for building permit for conversion of an `as built' 3rd floor space to habitable space, at; 1) more than the code permitted 2.5 stories, located at: 1977 Bergen Road (aka Private Road #12) (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-18 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: April 7, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 0 • ��` '� 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: http://southtown.northfork.net April 7, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, May 1, 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 April 14th• 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 April 21st: 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 April 23rd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 29, 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. a • NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : KALAIJIAN , STEPHAN # 6744 SCTM # EE 1000- 112- 1 - 18 VARIANCEm THIRD STORY � REQUEST: CONVERT 3RD STORY SPACE TO HABITABLE DATE : THURS . , MAY 11 2014 1 : 50 PM 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 OF APPEALS-TOWN OF SOUTHOLD 765- 1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS A-6 SOUTHOLD,NEW YORK 1010 AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000.- COUNTY 000-COUNTY OF SUFFOLK STATE OF NEW YORK I, I"l1CyW,,96G A 91H"9 ei� residing at New York,being duly sworn, deposes and says that: On the/ 14� 'day of �P��L , 20H, I personally mailed at the United States Post Office in J)o 6(0 ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this 1 day ofAp r)' , 20) I CONNIE D.BUNCH Notary Public,State of New York (Notary Public) No.01 BU6185M Qualified in Suffolk County 1 Commission Expires April 14,2._ 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. Town of Southold Zoning Board of Appeals W�Li Tax ID, Names and Addresses of Adjoining Property Owners for: ZBA No. 6744: Stephan Kalaijian 105-1-1 Joseph T. Macari 95-40 Roosevelt Avenue Jackson Heights, N.Y. 11372 112-1-16.3 Joseph T. Macari 95-40 Roosevelt Avenue Jackson Heights, N.Y. 11372 Note: (105-1-1/112-1-16.3 sent as one certified mailing) 112-1.17 Joseph Brown U.S. Postal CERTIFIED MAIL. RECEIPT 1979 Bergen Avenue r-aProvided) D"' For a-P.O. Box 915 delivery information ' 30440410*74% L U S Mattituck, N.Y. 11952 cc Postage $ $1.40 'THo j® r=1 Certified Fee $3.30 y Return Receipt Fee 'emark C3 (Endorsement Required) $2.?0 ere Restricted Delivery Fee Q (Endorsement Required) $0.00 LnTotal Postage&Fees 1$ $7.40 04 14 M Sent To r-q � r-1 --- .--W11 A-- ---------------- C3 cr Street,Apt No.; �/ 171 City State,ZIP+4 !^ �o A11 U.S. Postal ServiceT. PS Form :rr August 2006 See Reverse-for Instructions Postalco CERTIFIED MAIL. RECEIPT U.S. r— (Domestic Mail Only; E ra � D (Domestic Mail Only; O" iso Postage $ Ei. 0' 71 -D 1 WS1.6 Cert'rfiedFee �,3 77 Postage $Retum Receipt Fee 9 P Here* Cert'rfied FeeC3 (Endorsement Required) C3 Reptmark strcted Delivery Fee g� p Retum Receipt FeeH�® �(/,/ (EndorsementRequlred) $2.�O Q (Endorsement Required) C(� '`q .(� 7 p � N Restricted Delivery Fee Er <.+ �20 (Endorsement Requlred) $0.00 ru Total Postage&Fees f?.61 ,.q Sent To _ Total Postage&Fees $ $7.61 04/ Street, LNo_ ���! l��C(/"( .. -!.[/ ."_"'... rl Sent T ,1 C`- or PO Box No. �w/ r R �P�� d L_ 1 . ................. 0 Sheet, RO.J" + ------- Q State,ZI f'`- or POB�No.�•7- >9_V� 'PS Form 3800, 2006 City,State,ZlP+4 "' --- D :.r August 2006 See Reverse for InstrUCti0ti, Postal Service,. D MAILT. RECEIPT rrl (Domestic lietaii Only; C3 O C3 :i IAL U � Postage $ 61.40 04?1 � Certified Fee $3.30 Q?i .� \ C3 Return Recelpt Fee i I.stmark C3 (EndorsementRequired) $2,70 ' Here C3 Restricted Delivery Fe rementRequlred) C3 (Endorsement $0 p N r-3 Total Postage&Fees $ $7,40 IV M Sent To ra --------- Wk- __,-/�UG�/V or PO Box No. �-II --- -,6� V ! _. City,State,21P+4 � r IPS Form 3800,August 2006 See Reverse for Instruction-, COMPLETE1 SENDER: •N COMPLETE THIS SECTIONON• ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery is desired. E3Agent X ■ Print your name and address on the reverse 13 Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Receiv by(Panted Name) C. Date of Delivery or on the front if space permits. -. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes o If YES,enter delivery address below. ❑ No N 11,41 co �'7��/7�1 ✓(if/ / 'i• /�/ D 3. Service Type E n ¢ Cwlifled Mail C Express Mail - wF ra Registered 9CRetum Receipt for Merchandise S Z U `0 S - Q' ❑Insured Mail 13C.O.D. i I fJ 4. Restricted Delivery?(Exna Fee) ❑Yes '- 2. Article Number 7011 2970 0000 4786 4978 ��`\"* � � M $ co r-- (Tiansfer from service label) PS Form 3811,February 2004 Domestic Return Receipt102595-02-M-1540 } c C3 a ❑❑ rr o ---- ---- K_l m d m v C3 ¢ P i C3 ¢SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Er E ■ Complete items 1,2,and 3.Also complete A. Si natur njE item 4 if Restricted Delivery is desired. X� ❑Agent ` ra $ ■ Print your name and address on the reverse dressee so that we can return the card to you. B. eoeived by(Prints ams) C. D o Delivery o n C3 ■ Attach this card to the back of the mailpiece, or on the front if space permits. P S �: D. Is delivery ddress different from Item 1? 1:1 Yes 1. Article Addressed to: If YES,enter delivery address below: j�Vo 4 0 tn m 3. Service Type ; 7 00 // 'Aly. �l�Ci�z, Certified Mail® C3 Priority Mail Express" ;` m z M !� / ❑Registered IVReturn Receipt for Merchandise r o ❑Insured Mail ❑Collect on Delivery a N 4. Restricted Delivery?(Extra Fee) El Yes 2. Article Number 7 011 3500 0001, 1684 0003 (Ransfer from service labeq _-- -- Ps Form 3811,July 2013 Domestic Return Receipt TOWN OF SOUTHOLD Ll �.� ZONING BOARD OF APPEALS il SOUTHOLD,NEW YORKK c� t\11 C,AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- /12 - /`/op COUNTY OF SUFFOLK) STATE OF NEW YORK) I, IeIIW f/G residing at VZ/ IVY f/Pdl,New York, being duly sworn, depose and say that: On the 1—'Y� day of A&-CIL- , 201,4, I personally placed the Town's Official Poster,with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be /Vthy I, ZO/ (Signature) {worn to be ore me this Day of fl��� � , 201 CONNIE D. BUNCH Notary Public,State of New York No.01 BU6185050 //QQ6-1" !�►`p Qualified in Suffolk County (Notary Public) Commission Expires Apm tk 2 c/ * near the entrance or driveway entrance of my property, as the area most visible to passerby. #11658 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 24th day of April, 2014. LEGAL NOTICE_.. SOUTHOLD TOWN ZONING BOARD OF APPEALS Principal Clerk THURSDAY MAY 1,2014 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town ; me this day of 2014. of Southold,the following public hearings will be held by the SOUTHOLD'TOWN 9:45 A.M. - CHERYL MEDDLES- ZONING BOARD OF APPEALS at the TORRES #6742 - Applicant request a Town Hall,53095 Main Road,P.O. Box Special Exception under Article III Sec- 1179,Southold,New York 11971-0959,on tion 280-13B(14). The Applicant is the THURSDAY MAY L 2014. owner requesting authorization to estab- 9:OO A.M.-PETER M.BO GER#6741 lish an Accessory Bed and Breakfast,ac- - Request for Variances from Article cessory and incidental to the residential XXIII Section 280-124 and the Building occupancy in this single-family dwelling STINA VOi INSKI Inspector's January 28, 2014 Notice of withthree(3)bedrooms for lodging and Disapproval based on an application for serving of breakfast to the B&B casual, NOTARY PUBLIC-STATE OF NEW YORK buildingpermit for demolition of an exist- transient roomers. Location of Property: > pe 26350 Main Road aka NYS Route 25 No. 01V06106060 of a new single lfamily dwelling construction tion Cutcho NY.SCTM#1000-109-4-5 ) ! Q(411 l f j t�tl in $of f o l k C;)1 j n 4 than a new single family dwelling,at; t less 10:00 A.M.-CEDARS GOLF CLUB. (�rl Y than the code required front yard setback LLC.#6745-Applicant request a Special Y Cornntiiai�r, x=Nira� rat',�u�-lr =+ar 2p1 b of 35 feet,2)less than the code required pp 11:OOA.M-GARY KA rrtr rrr rear yard setback of 35 feet,located at: Exception under Article'III Section 280 N 11:40 A.M. - KAROL FILIPKOWS #1213B(7). The Applicant is the owner re- ZIJAR #6743 - Request for Variances KI #6748SE -Applicant request a S 717 Private Road Corey (aka Windy Point from Articles XXIII and XXII,Sections pp q io pe- Road) (adj. to Corey Creek) Southold, questing authorization to continue the use cial Exception under Article IX Section NY.SCI'M#1000-874-4 of an existing golf'club house in conjunc- 280-124 and 280-116B and the Building 280-41B(2)_ The Applicant is the owner 9:20 A.M.-RALPH M.CARBONE. tion with the adjoining golf course. Loca- Inspector's February 25,2014 Notice of requesting authorization to operate a JR.and LAURYN F.CARBONE#6746 tion of Property:450 Cedars Road (aka Disapproval based on an application for contractors' yard. Location of Prop- - Request for Variances from Articles III 305 Case's Lane, Ext.), Cutchogue,NY, building permit for demolition of an exist- erty:41250 County Road 48(aka North and XXII, Sections 280-15, 280-13 and SC'TM#1000-109-5-16.2 ing single family dwelling and construction Road and Middle Road) Southold,NY. 280-116A(1) and the Building Inspec- 10:20 A.M.-CHRISTINA OUARTY of a new single family dwelling and acces- SCTM#1000-59-10-5 tor's January 10,2014,amended January #6739-Request for Variance from Article sory garage,at;1)less than the code re- 12:00 P.M.-ANTHONY ASCH#6738 14 2014,March 17,2014 and April 2,2014 XXHI Section 280-124 and the Building quired single side yard setback of 15 feet, - Request for Variances from Article Notice of Disapproval based on a building Inspector's January 29, 2014 Notice of 2)less than the code required combined XXIII Section 280-124 and the Building permit application for an`as built'accesso- Disapproval based on an application for side yard setback of 35 feet,3)more than Inspector's March 4,2014 Notice of Disap- ry in-ground swimming pool and proposed building permit for an addition to an exist- the code permitted maximum lot cover- proval based on an application for build- accessory pool house,at;l)`as built'swim- ing single family dwelling,at;l)less than age of 20%,4)less than the code required ing permit for a screened porch addition ming pool and proposed pool house lova- the code required front yard setback from bulkhead setback of 75 feet, located at: to an existing single family seasonal dwell- tion in other than the code required rear Clearview Avenue,West of 40 feet,locat- 1905 Bayshore Road (adj.to Shelter Is- ing,at;l)less than the code required front yard,2)more than the code permitted one ed at:1495 Main Bayview Road (corner land Sound)Greenport,NY.SCTM#1000- yard setback of 35 feet(Skippers Lane), 53-4-9 2 less than the code required front and dwelling on each lot,pool house by design Clearview Avenue,West),Southold,NY ) q Y _R constitutes as a second dwelling unit,3)`as SCI'M#1000-70-8-4 11:20 A.M.-KAc�r FIt.IPKOW'KI setback of 35 feet(Oyster Ponds Lane),3) built'in-ground swimming pool located at 1'M# A.M. - JOHN FORES'ITERt #6747- Request for Variances from Ar- more than the code permitted maximum q #6740-Request for Variance from Article ticle IX Section 280-42&43(Bulk Sched- lot coverage of 20%,located at:290 Skip- less than the code required bluff setback q ule) and the Building Inspector's March of 100 feet,4)proposed pool house at less III Section 280-15 and the Building Inspec- pers(aka State Street)Lane(comer Oys- than the code required bluff setback of 100 tor's March 7,2014 Notice of Disapproval on n a Notice of Disapproval based ter Ponds Lane)Orient,NY SCTM#1000- feet,located at:No#East End Road,(aka based on an application for building per- construct st application for building permit to 25.1-1 Castle Road)(adj.to Block Island Sound) mit for an`as built'accessory solar array, construct a new building and operate e L S P.M. - SOUTHOLD HISTORI- Fshers Island,NY.SCTM#1000-1-2-6.5 at;l)location other than the code required contractors'yard rdat;l)less than the code CAL SOCIETY#6737—(adj.from April required front yard setback of 100 feet, 3,2014 PH Request for Special Exce Southold,NY.SCTM#1000-50-rear yard,located at:975 Anderson5 Road, 2) less than the code required side yard tion underChapter280-45B(8). Owner setback of 20 feet,3)more than the code requests authorization to operate a flea permitted maximum lot coverage of 20%, (Antique)market,located at:55200 State located at:41250 County Road 48 (aka Route 25(aka main Road)(Hobart Road) North Road and Middle Road)Southold, Southold,NY.SCTM#1000-62-2-5.2 NY.SCTM#1000-59-10-5 1:50 P.M.- STEPHAN KALAIJIAN #6744-Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19,2014 Notice of Disapproval based on an appli- cation for building permit for conversion of an`as built'3rd floor space to habitable space,at;l)more than the code permitted 2.5 stories,located at:1977 Bergen Road (aka Private Road#12)(adj.to Long Is- land Sound)Mattituck,NY.SCTM#1000- 112-1-18 The Board of Appeals will hear all per- sons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the con- clusion of each hearing.Each hearing will not start earlier than designated above. Files are available for review during regu- lar 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:Yrcki.Toth@Town.Southold.nyus. Dated:April 7,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY:Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O.Box 1179 Southold,NY 11971-0959 116584T 4/24 Office Location: �QF $Q(��y Mailing Address: J Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 • Q Southold,NY 11971-0959 OOUNT`1,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 April 3, 2014 Mark Terry, Principal Planner LWRP Coordinator APR - 3 2014 Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6744 KALAIJIAN, Stephan 1000-112-1-18 Dear Mark: We have received an application for a conversion of an "as built" 3`d floor space to habitable space. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie eis Chai ers n By: Encls. 0 • Office Location: QF $Q(�ryOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 • Q Southold,NY 11971-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 3, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6744 Owner/Applicant : KALAIJIAN, Stephan Action Requested: Conversion of an "as built" 3rd floor space to habitable space. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslirhairper eisman ZBAo By: Encls. BOARD MEMBERSoF SrrSouthold Town Hall Leslie Kanes Weisman,Chairperson �0� O- 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G • Town Annex/First Floor,Capital One Bank George Homing Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU Nt`1,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 May 16, 2014 Michael Kimack 321 Riverside Drive Riverhead,NY 11901 RE: ZBA Application#6744 -Kalaijian Dear Mr. Kimack: Transmitted for your records is a copy of the Board's May 15, 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, Vicki Toth Encl. Cc: Building Dept. 5AA(c) 4 5.6A(c) 3.1 2.2 6.2A(c) 2.M(c) NO w \0 z :3 6.3 60.8A 32 6A(C) I o , w N w FOR PCL NO FOR PCL-NO FOR PCL NO SEE SEC.No. SEE SEC.NO SEE SEC.NO, 112-01-020 112-01-017 112-01-ME 'y N 3086 —————— FORPCL.NO. FOR PCL.NO. SEE SEC.NO. SEE SEC.NO. 105-01-005.3 w 105-01-001 z NA N'b 1:3 I I FOR PCL NO. SEC.NO. 113-01-003-1 k6de,u,j4al S. t, 1 1,n6 's, to 8.2 35.3A