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HomeMy WebLinkAbout6746 -jr- �U 7=F LTD 0-" POO I V OL) lit Poo Gig -t-/- S-a #� ,t.(e- Sec Y P4 5/1113, 5)/5-//4 &6Unf fal+ Is d d ms 4-o 13 gD 3 k tik+O � f ��,� jr -r ,9 -,q-v BOARD MEMBERS �F $�Uj Southold Town Hall Leslie Kanes Weisman,Chairperson y>� yplO 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �'p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUNTY�� Southold,NY 11971 RE E ED http://southoldtown.northfork.net Q� ZONING BOARD OF APPEALS JU 1 3 2014 TOWN OF SOUTHOLD Q Tel. 631 765-1809•Fax - So rold Town Jerk ( ) ax(631)765 9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 5,2014 ZBA FILE: 6746 NAME OF APPLICANT: Ralph M. Carbone,Jr. and Lauryn F. Carbone SCTM 1000-1-2.6.5 PROPERTY LOCATION: No# East End Road(aka Castle Road, adj. to Block Island Sound), Fishers Island,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 initially issued recommendations pertaining to proposed renovations to the non- conforming single family dwelling on this property dated July 2, 2013, and on April 24, 2014 updated the recommendations to include considerations addressing the "as built" swimming pool and the proposed construction of a new pool house. Based upon the determination of the LWRP Coordinator, information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the other records available to us, it is our recommendation that the proposed action to maintain an existing "as built" swimming pool location in other than the code required rear yard, and in close proximity to the top of the bluff, and further, to construct a new pool house in an area other than a rear yard location, and also in close proximity to the top of the bluff, is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. This Board has also taken into consideration the extensive bluff restoration project plans undertaken by the Applicant, and the actions that will incorporate the comprehensive ideas and recommendations of all other appropriate Town and County agencies such as the Suffolk County Soil and Water Conservation District. These mitigation measures include the recommended techniques for the bluff restoration, the planting of native vegetation in a landscape buffer zone between the pool and the top of the bluff,the installation of a pool dewatering system, the installation of a patio for the pool consisting of permeable loose stone or permeable pavers with grass fillers, a recommended 4" minimum turf mowing height, and the recommended non-irrigation areas along the top of the bluff, particularly in the vicinity of the pool. The overall purpose of these guidelines is to adequately address the numerous coastal bluff environment concerns. PROPERTY FACTS/DESCRIPTION: The Applicant's parcel is a 3.24 acre waterfront property in the R-120 Zone. The northerly lot line borders an adjacent 0.94 acre parcel also owned by the Applicant. The easterly lot line borders another parcel. The southerly lot line borders Block Island Sound, and the westerly lot line borders other residential property. The parcel is improved with a single family dwelling, with areas of decking, an Page 2 of 4 June 5,2014 ZBA#6746—Carbone SCTM#1000-1-2-6.5 attached garage, and an `as built' in ground swimming pool, as shown, with the proposed two story pool house/second dwelling, and proposed locations and bluff setbacks, on the survey drawn by CME Associates Engineering, Land Surveying, &Architecture,PLLC, dated March 28, 2014. BASIS OF APPLICATION: Request for Variances from Articles III and XXII, Sections 280-15, 280-13 and 280- 116A(1) and the Building Inspector's January 10, 2014, amended January 14 2014, March 17, 2014 and April 2, 2014 Notice of Disapproval based on a building permit application for an `as built' accessory in-ground swimming pool and proposed accessory pool house, at; 1) `as built' swimming pool and proposed pool house location in other than the code required rear yard, 2) more than the code permitted one dwelling on each lot, pool house by design constitutes as a second dwelling unit, 3) `as built' in-ground swimming pool located at less than the code required bluff setback of 100 feet, 4)proposed pool house at less than the code required bluff setback of 100 feet. RELIEF REQUESTED: The Applicant requests variances to construct a proposed accessory pool house and an "as built" swimming pool to be located in a side yard instead of the Code required rear yard. The Applicant requests another variance to construct a proposed pool house that is defined by its design as a second 24ft. x 36ft. two-story single family dwelling on the property when only one dwelling is allowed by Code. The Applicant requests a fourth variance for an"as built" swimming pool located with a setback of+/- 18 feet from the top of the bluff when 100 feet is required by Code, and the Applicant requests a fifth variance to construct a proposed new pool house with deck to be located with a setback of+/- 52 feet from the top of the bluff when 100 feet is required by Code. ADDITIONAL INFORMATION: This property was the subject of ZBA decision 2479, dated Sept. 22, 1978, in which another Applicant was denied variance relief for a request to waive the Zoning code requirement for a swimming pool fence. That prior Applicant, in approximately 1977, somehow had constructed a swimming pool without a building permit, and never received a valid CO for the "as built" pool. This existing pool and the proposed two-story pool house are the subjects of the current variance requests. The property was also the subject of ZBA decision 6660, dated Aug. 22, 2013, in which the current Applicant was granted variance relief to allow renovations and construction within an existing footprint with a +/- 13 feet setback from the top of the bluff, and variance relief to renovate a third story, non-habitable captain's walk. The Applicant had also previously secured the Board of Southold Town Trustees Wetland Permit #8043 dated Jan. 18, 2013, the Coastal Erosion Permit #8043C dated Feb. 20, 2013, authorizing extensive storm eroded bluff restoration, and the Wetland Permit#8215 dated June 19, 2013 authorizing the construction renovations on the Applicants' single family dwelling. The Applicants' have also secured a NYSDEC Tidal Wetlands Permit dated Feb. 27, 2013 authorizing the bluff restoration project. The Applicants' file contains other relevant documentation including a memorandum from the Suffolk County Soil and Water Conservation District dated June 19, 2013 issued after a site visit by a County Soil District Technician. The memorandum was updated on April 29, 2014 to include several specific recommendations relating to the"as built"pool and proposed new pool house. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 1, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances for the construction of the proposed new pool house and "as built" swimming pool to be located in a side yard area rather than the code required rear yard, and grant of the variances for an "as built" swimming pool located with a setback of+/- 18 feet from the top of the bluff when 100 feet is required by Code, and to construct a proposed new pool house with deck to be located with a setback of+/- 52 feet from the top of the bluff when 100 feet is required by Code, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing pool was built in the 1970's before the inception of the Code required 100 foot setback from the top of the bluff. The Applicant has also undertaken the construction of a bluff restoration and stabilization project as a result of the significant erosion damage caused by Storm Sandy. A swimming pool and pool house are customary accessory structures on residential properties. Page 3 of 4 June 5,2014 ZBA#6746—Carbone SCTM#1000-1-2-6.5 Grant of the variance for the proposed new construction of a second two-story single family dwelling on this property will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existence of more than one single family dwelling on one property is not characteristic of the neighborhood within this particular R-120 zone. Furthermore, the new construction of a two story structure proposed with two full bathrooms, one on each floor, is defined and described by the Town Building Department's Notice of Disapproval, last updated April 2, 2014, as a second single family dwelling. Although the applicant described family concerns for elderly parents and their accessibility to bathrooms, the facilities normally permitted in a pool house are considered to be adequate for its use as an accessory structure. The location of two single family dwellings on the same property is not permitted by Town Zoning Code. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for the continued use an existing swimming pool, and the construction of a new pool house cannot be achieved by some method, feasible for the applicant to pursue, other than the grant of area variances. The pool is already located in a non-conforming side yard, with a non-conforming setback from the top of the bluff, and cannot feasibly be moved to a conforming location. The proposed new pool house could possibly be located within a conforming rear yard area, but it would not be adjacent to the swimming pool, as is customary and functionally convenient. The grant of variances is necessary for the proposed pool house because of the proposed non-conforming side yard location adjacent to the swimming pool, and because of the proposed non-conforming proximity of the pool house to the top of the bluff. The benefit sought by the applicant to construct a new accessory pool house with two full bathrooms (one located on each level), due to its design is defined as a single family dwelling, can feasibly be achieved by the applicant by constructing an accessory pool house that will conform to the Town Code. 3. Town Law X267-b(3)(b)(3). The variances granted herein for locations in other than rear yard areas are mathematically substantial, representing 100% relief from the code for both the `as built" pool and proposed pool house locations, both constructed within a side yard area rather than the Code required rear yard. The variances granted herein for setbacks from the top of the bluff are also mathematically substantial representing +80% relief for the 18 foot pool setback, rather than the Code required 100 foot setback from the top of the bluff, and 48% relief for the proposed new pool house with a 52 foot bluff setback. However, the swimming pool has existed in its exact location since the 1970's. The entire bluff in front of the pool and existing single family dwelling has been restored and stabilized to the most feasible and practical extent by the bluff re-construction authorized by the Town Trustee and the NYSDEC. The LWRP Coordinator has determined that the applicant's proposed pool and pool house project is Consistent with LWRP standards and supported by the Board of Appeals through the imposition of the mitigating conditions required herein. 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 has incorporated the extensive input of the Southold Town and Suffolk County agencies responsible for safeguarding the coastal environment into their bluff restoration and building renovation projects. The Applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Codes. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created because 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 X267-b. GRANT of the variances for the side yard and top of the bluff setbacks for the existing pool and the proposed pool house, and DENIAL of the variance request for the construction of a second two-story dwelling on a single lot, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and accessory pool house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 of 4 June 5,2014 ZBA#6746—Carbone SCTM#1000-1-2-6.5 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Weisman, Chairperson, and duly carried,to; GRANT the variances as applied for, for the side yard and top of the bluff setbacks for the existing pool and the proposed pool house, as shown on the survey drawn by CME Associates Engineering, Land Surveying, & Architecture, PLLC, dated March 28, 2014. And; DENY the variance as applied for, for the construction of a second two-story dwelling on a single lot, and GRANT ALTERNATIVE RELIEF for the pool house with the conditions as listed: CONDITIONS: 1. One code conforming half-bath(toilet and sink) shall be permitted inside the accessory pool house and one code conforming outdoor shower attached to the proposed pool house may constructed at a minimum setback of 52 feet from the top of the bluff with onsite drainage control per code. 2. No sleeping or cooking facilities are permitted within the accessory pool house. 3. The proposed pool/pool house patio shall be constructed of permeable loose stone, or permeable pavers with grass fillers as recommended by the Suffolk County Soil and Water Conservation District. 4. A 4" minimum turf mowing height shall be established and maintained in the non-irrigation areas along the top of the bluff,particularly in the vicinity of the pool and pool house, per recommendation of the SWCD. 5. A landscape buffer zone consisting of native vegetation shall be established and continuously maintained between the pool and the top of the bluff per recommendation of the SWCD. 6. Pool mechanicals shall be placed 14 a sound deadening enclosure. 7. Drywell for pool de-watering shall be verified as installed and properly functioning. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a 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 andpublic hearing before the Zoning Board of Appeals. 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). c —phVU& /, / t Leslie Kanes Weismad Chairperson Approved for filing �jr /7 /2014 LAWN - - - - --- y_ 0 N 2223.04 % zU) `\ E 2018IZOE / \ t 6" TREE � O `\ �j1 / OIL FILL `� �Go ______�� & VENT PIPES - 1 2 �� O 1 2 ALL OIL TANKS O �} C g 1 5 7 AND PIPES TO BE RENEWED v1, CHERRY ►_7___---- 2 �A OR ABANDONED. • 118 ' OIL FILL LANDSCAPE <% & VENT PIPE BED A t IRON H ,! i i N 6 TREE ; -.-. .. SHRUB N o \ O `til 10" TREE MO O a ^I N ! 8" CHERRY -2 D B! FOUNTAIN LAWN ` �( j 10" TREE , y • i "- STONE PATIO & OF O I STEPS ��Q - t M O l (I I %�o B" CHERRY Vo Ln1 SILL=45.83 - FINAL MAP H ! - REVIEW ' ' z O ! C) SHRUB - �i EXISTING HOUSE BA PINE SEE DECl ION ►P t O 15 GARDEN DATED 16 - T i PINE - SILL=45. - O e - 15" TOP O �! PINE WALL= OPOSED POOL HOUS �`�� ' a PINE PINE ". -:_ ,. .. ` ©Cara ano rchrtects Inc B„ 8" . ! 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Smrage f A t 2 m mz r� - ---- - �rrN AlrRFNCH t� SC _ FINAL MAP _CCL 51DFG CJ P 511E C C ,1`Pr A la, 4 1 B REVIEWED BY ZBA o SEE DECISION # 40 - - - -- - DATED /L— Ey Covered Porch : ' ` _ v — Catalano Architects Inc. 54 a /V, •a'-:a" Ick_{ I Carbone Residence I Castle Road,fishers Island,NY,06390, Idyl A 1 First Floor Plan SCALE 114' = 1'-0' DATE: 6/17/14 POOL Catalano Architects Inc. 115 Broad Street Boston,Massachusetts 02110 telephone 617-338-7447 facsimile 617-338-6639 A 1 .2 Idolooll"' Q Dr I 1 MD I I Layl A .1 layl A ., 35 0 3/a rs 5 l 2 v-a 1 l le a vz" -1 5 I I Fr_c„oFFFR Fu f y - r+�+.rrF1' F<In- j I I e oar, a c eta I „Ncl, — -�-- --- R 007.L-R I I v Rlo r.,r-Lo FRnM I L ? < SIDPa_ aIRPE 9 '/.:12 9 '/.:12 — S t"i-FrF.-t FC.FDR `A LIV,n�fleel,l r'r—J-c— IFI FFRT iRr5R T5LFRFhTFC Dr -- --- - ---------- Dr - Dr TMr Layl - : F„nc F_rF, a, Layl Layl e. F jv o 1.5 r F c? 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DATED , / u 115 Broad Street Boston,Massachusetts 02110 telephone 617-338-7447 facsimile 617-338-6639 A 1 .3 2 T 44-1 ell- —IFF-1 UK 7 T.*111M� et PIF I 2-6 F, 24 14 T ri 1U U -��N I-FFF;AIUlA�HJM e' F7 k FBF EL-IF—N-0 R lk= "IFFNCL P-IITPI F,1, -NFIF 4 e5,_,_L71 FINAL MAP REVIEW BY ZBA L c!,T�El�v�abon 2�- SEE D E C I N 9 -F' 1�IF-_7-1 DATED -4 ;D 0 INE-I LIT�I,wl 1.e 'Tr L F�t� 2 TC 4' TI —_A;7 NFG t F­_ U 71-Ir .-ER -1 AI,FI "Fu aFkl 1 0 Catalano Architects Inc f -F­111C,IlF z :6 J11�1LL ­ -------- 1114&,Fe a Carbone Residence 71 11,14 W FF F1 3.1 ff IF, "F11111-1 Castle Road,Fishers Island,NY,06390, F F 11 N F,;I 14 -JG iV 7 7- kT ALL EXLALe Pool House Elevations nG 8 THC1 SCALE E : 1/4" = V-0' DATE: 6/17/14 AAK P114EL I�GE IFAMF.01 PING Catalano Architects Inc. 115 Broad Street Boston,Massachusetts 02110 telephone 617-338-7447 Bre 'CITr Efacsimile 617-338-6639 � South Elevation 3 -.ALI IW 1-1 2 . 1 *pF SOUj'yo OFFICE LOCATION: O l MAILING ADDRESS: � O Town Hall Annex P.O. Box 1179 75 State Route 25 Southold, NY 11971 (co . ain Rd. &Youngs Ave.) i5 Q Southold, NY 11971 %�� �� Telephone: 631 765-1938 �yCOUN N,N Fax: 631 765-3136 "\ LOCAL WATERFRONT REVITALIZATION PROGRAM IV TOWN OF SOUTHOLD ( �� MEMORANDUM 6EYCJEIVE APR 2 5 2014 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS- Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2014 Re: Coastal Consistency Review for ZBA File Ref RALPH M. CARBONE, JR. and LAURYN F. CARBONE #6746 SCTM#1000-1-2-6.5 RALPH M. CARBONE, JR. and LAURYN F. CARBONE #6746 - Request for Variances from Articles III and XXII, Sections 280-15, 280-13 and 280-116B and the Building Inspector's January 10, 2014, amended January 14 2014, March 17, 2014 and April 2 2014 Notice of Disapproval based on a building permit application for an 'as built' accessory in-ground swimming pool and proposed accessory pool house, at; 1) 'as built' swimming pool and proposed pool house location in other than the code required rear yard, 2) more than the code permitted one dwelling on each lot, pool house by design constitutes as a second dwelling unit, 3) 'as built' in-ground swimming pool located at less than the code required bluff setback of 100 feet, 4) proposed pool house at less than the code required bluff setback of 100 feet, located at: No# East End Road, (aka Castle Road) (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1-2-6.5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies and therefore are CONSISTENT with the LWRP based on the following: 1. Aerial analysis indicates that the swimming pool was constructed between the years 1962 and 1978 prior to the enactment of Chapter 111, Coastal Erosion Hazard Area (Figure 1.). Chapter 111 was adopted by the Town Board in 1991. 1 cannot determine if the pool was subject to the 100' setback from the top-of-bluff in Chapter 280 Zoning at time of construction since the exact date of construction is unknown. The consistency recommendation was made with consideration that no reconstruction of the pool is being proposed, the rate of shoreline erosion, the significant erosion controls constructed by the applicant to stabilize the shoreline from further erosion and the requirement that a swimming 1 ,\ C, Policy : Protect and restore the quality and pool de watering well be installed to further Po cy 6 q y function of the Town of Southold ecosystem if approved. 9 Data LMrs 91 W TRANSPORTATION 0 91 INFRASTRUCTURE 1 M RECORDS 1 j 13 Aer" 1 2M Aertats n.R. a t 2004 A-% Ap 21101 A—dIM 1978 Aefiats vE 1962 Aerol. SMA Ad li V� Figure 1. Subject parcel in 1972 shown with pool and distance to Block Island Sound. The proposed pool house is located in FEMA Flood Zone X and landward of the swimming pool. 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. 1 � r 04/22/2014 12:15 631-853-4044 S C PLANING DEPT PAGE 02 COUNTY OF SUFFOLK \C)� RECEIVED v ' Steven Eellone APR242014 SUMLK COUNTY v.XECUTrV>F BOARD OF APPEALS Tlepartment of Economic Development and Planning Joanne Minieri 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.Pox 1179 Southold,NY 1197J.-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the.requirements of Sections A14-14 thru A 14.25 ofthe Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission 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. AyAlieaot Municipal.File Number Zuar,Gary&Kathleen 6743 Kalaijian,Stephan 6744 Carbone,Ralph Jr. 6746 Pilipkowski,Karol 6747 Filipkowski,Karol 6748 Desai&Barsi,LLC 6750 Very truly yours, Sarah.Lansdale Director of Planning Theodore R. Klein Senior. Planner TRK/cd H.LEE DENNISON BLDG w 100 VETERANS MEMORIAL H%W,4th FI 0 P.O.BOX 6100■HAUPPAUGE,NY 11788-0089■(881)953-6191 4( lllloo FORM NO. 3 ?\ U RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 0 3 2014 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: January 10, 2014 AMENDED: January 14&March 17, 2014 AMENDED: April 2, 2014 TO: Ralph Carbone Jr. 635 Tudor Drive Cheshire, CT 06410 Please take notice that your application dated January 1, 2014 For permit for an as built in-ground swimming pool and to construct an accessory pool house at Location of property 6227 Castle Road, Fisher's Island, NY County Tax Map No. 1000—Section 1 Block 2 Lot 6_5 Is returned herewith and disapproved on the following grounds: The proposed construction on this nonconforming 2.5 acre parcel in the R-120 District is not permitted pursuant to Article 280-15 which states "In the Agricultural-Conservation District and Low-Density Residential R-80 R-120 R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear yard" The proposed accessory pool house and the"as built"swimming pool are located in the side yard Furthermore, the building department finds that the structure as designed constitutes a second dwelling unit Pursuant to Article III, Section 280-13, "In A-C,R-80,R-120 R-200 and R-400 Districts no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged intended or designed to be used in whole or in part for any uses except the following_ A. Permitted uses. (1)One-family detached dwellings not to exceed one dwelling on each lot." In addition, the proposed pool house and"as built"swimming pool are not permitted pursuant to Article XXII Section 280-116 which states: "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred(100)feet from the top of such bluff or bank" The"as built" swimming pool is located+/- 18 feet from the top of the bluff and the proposed accessory pool hou R Qotes a setback of+/-52 feet from the top of the bluff. � � l Authorized Signature In January 14, 2014, this Notice ofDisapproval was amended to include top of bluffsetbacks and an "as built" in-ground swimming pool that exists on the property. It was_further amended on March 17, 2014, to remove the need for a height variance. The Notice of Disapproval was amended again, on April 2, 2014, to adjust setback distances from the bluff based on an updated survey and to reflect the property's new tax map number. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA RECEIVE® APR 0 3 2014 U OF APPEALS Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 6227 Street Castle Road Hamlet Fishers Island 006.0oµ SCTM 1000 Section 001 Block 02 Lot(s) oeQ>,005 Lot Size 3.63 Zone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 04/02./2014 BASED ON SURVEY/SITE PLAN DATED 03/28/2014 Applicant(s)/Owner(s): Ralph M. Carbone, Jr. and Lauryn F. Carbone Mailing Address•• 635 Tudor Drive, Cheshire, Connecticut 06410 c/o Matthews & Ham Telephone: 631/283-2400 Fax: 631/287-1076 Email: Matthamesq@aol.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III for(x)Owner( )Other: Address: Matthews & Ham - 38 Nugent Street, Southampton, NY 11968 Telephone: 631/283-2400 Fax: 631/287-1076 Email: Matthamesq@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 03/28/2014 and DENIED AN APPLICATION DATED-01/01/2014 FOR: (4 Building Permit ( )Certificate of Occupancy O Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: IV; XXII Section: 280-15; 280-116 Subsection: Type of Appeal. An Appeal is made for: (19 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal())has, ( )has not been made at any time with respect to this property. UNDER Appeal No(s). 2479;6664 Year(s). 1978; 2013 .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner: Henry Luce, III ZBA File# 2479 Ralph M. EauryoneVAarbone 6664 RECEIVED G Z4io APR 0 3 2014 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparerIPOARD OF APPEALS signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: the swimming pool has existed in its current location for more than 35 ears; a pool house is a normal accessory structure and the proposed locayion would not have any significant visual impact on the adjoining property; there will be only=sa minimal increase in lot coverage, these owners having actually increased the size of their parcel by more than 17,000 square feet since the date of the last hearing in 2013; the owner's 3.63—acre parcel, while merged for tax purposes,* actually constitutes two building sites. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: what little rear yard there is on this property is extremely close to the bluff and the side yard near the already existing swimming pool is the only feasible location. 3.The amount of relief requested is not substantial because: the swimming pool already exists in the proposed location; the owners have incurred considerable expense to rebuild the bluff over which the pool was actually hanging as a result of erosion caused by Hurricane Sandy; while the setback of the proposed pool house from the bluff could be considered substantial, it is still a considerable distance from the top of the bluff and significantly farther from it than the existing house and pool are. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the only new construction is the pool house and it will be built in an area that is already disturbed; the bluff is being restored and adequate measures will be taken during construction to prevent runoff and instability of the bluff; overall environmental conditions at the site are being improved by the owners' actions in restoring the bluff. 5.Has the alleged difficulty been self created? { } Yes,or {x} No Why: the swimming pool was built by a prior owner in an improper location but the current owners had no knowledge of the illegality when they purchased the property and are now trying to rectify that problem; the current owners are seeking proper permits prior to construction of the pool house, not seeking retroactive approval for illegal Are there any Covenants or Restrictions concerning this land? f} No �I Yes(please furnish a copy) construction. The standard covenants and restrictions affecting the lots on the Map of she e Developmentt C�r�ogritio mnerally p is is t e tha is necessary an a e ua e,an a e same timi reserve and protect the character of the neighborhood and the health,safety and welfare of the community. L . 41-1--, , q- Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this ISf day Stephen L. Ham, III, authorized agent of April 2�4 A�&= T dnz--) *subsequent to the preparation of this Notary Public application, applicant was advised that the two building sites now have separate BARBARA T.HAM tax map designations (SCTM #i s 1000-1-2-6.4 & 6..9 Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15, 20 k1 f DECEIVED • ! APR 0 3 201 APPLICANT'S PROJECT DESCRIPTION 7��p BOARD OF APPEALS APPLICANT: Ralph M. Carbone,Jr. & Lauryn F. Carbone DATE PREPARED: April 1, 2014 1.For Demolition of Existing Building Areas Please describe areas being removed: Not Applicable II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 24' x 36' plus 10' x 20' covered porch Dimensions of new second floor: 24' x 36' plus 10' x 20' open balcony Dimensions of floor above second level: Height(from finished ground to top of ridge): 22' Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: NO III.Proposed Construction Description(Alterations or Structural Changes) NOT APPLICABLE (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 8,375 s q. f t. Proposed increase of building coverage: 1.064 sq. ft. Square footage of your lot: 2 lots combined 158,123 +/— sq. ft. (buildable area — 96,268 ff Percentage of coverage of your lot by building area: deed area coverage 5.3% current; 6.0% prop�sedt buildable area coverage 8. 74 current; 9.67 V.Purpose of New Construction: addition of pool house for seasonal use as accessory structure to swimming pool 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): The developed area (house, pool, drive, garage, gardens and proposed pool house) is relatively flat with bluff and ocean to the south and 10% to 15% slopes to the north and east. 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 V'ECEVE D ApR U M4 QUESTIONNAIFOR FILING WITH YOUR ZBA APPLICATION �O��O OF �p�EALS 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? X No Yes please explain on attached sheet. C. l.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 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? no Please confirm status of your inquiry or application with the Trustees:inquiry will be made prior to hearing and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? yes If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: Permit #38001 for interior renovations was a ended following decision in 6664 to over exterior work approved in G ended deaslon. Copies o� file with Bui.;din De�artmen PP ease attac a 1 pre-certificates o occupancy and certi icate of occupancy or 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? yes If yes,please label the proximity of your lands on your survey. shown on key map to site plan (FIDCO'Lot 1-AA; SCTM# 1000-1-2-3) I. Please list present use or operations conducted at this parcel single—family residnece with swimming pool and the proposed use same with added pool house (ex:existing single family,proposed:same with garage,pool or other) 04/01/2014 Authorized signature and Date Stephen L. Ham, III, authorized agent RECEIVED AGRICULTURAL DATA STATEMENT APS o 3 2014 ZONING BOARD OF APPEALS 80ARQ ®F APIA ��lo TOWN OF SOUTHOLD pEALS 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: Ralph M. Carbone, Jr. & Laur n F. Carbone 2. Address of Applicant: 635 Tudor Drive, Cheshire, CT 06410 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: construction of accessory structure (pool house) 6. Location of Property:(road and Tax map number) 6227 Castle Road, Fishers Island, Town of Southold (SCTM # 1000-1-2- 7. Is the parcel within 500 feet of a farm operation? { } Yes {x}No 6.4 & 6.5) 8. Is this parcel actively farmed? { } Yes {�j No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) L. k�— A,- 04 / 01 / 2014 Signature of Applicant Date Stephen L. Ham, III, authorized agent 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. R • RECEIVED 617.20 Appendix B APR 0 3 2014 Short Environmental Assessment Form Instructions for Comoletine BOARD OF APPEALS 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 Construction of Pool House — Ralph M. Carbone, Jr. & Lauryn F. Carbone Name of Action or Project: Construction of Pool House at Carbone Fishers Island Residence Project Location(describe,and attach a location map): 6227 Castle Road, Fishers Island, Town of Southold SCTM # 1000-001.00-02.00-006.005 Brief Description of Proposed Action: Construction of New Pool House consisting of two stories with first floor of 24' x 36' and 10' x 20' covered porch and second floor of 24' x 36' and 10' x 20' open balcony Name of Applicant or Sponsor: Telephone: 631/283-2400 Ralph M. Carbone, Jr. & Lauryn F. Carbone E-Mail: Matthamesq@aol.com Address: 635 Tudor Drive City/PO: State: Zip Code: Cheshire CT 06410 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town of Southold Building Department Building Permit X 3.a.Total acreage of the site of the proposed action? 3.63 acres b.Total acreage to be physically disturbed? 0.02 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.63 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban IM Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 0 APR 0 31*4 5. Is the proposed action, I NO YES N/A a.A permitted use under the zoning regulations? BOARD OF APPEA b.Consistent with the adopted comprehensive plan? X 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: located on Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: private on site septic X 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? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X 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 ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? (not in developable area) NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO®YES on site drywells Page 2 of 4 KtUt1VED APR 0 3 (ED 2014 18.Does the proposed action include construction or other activities that result in the impoundment of ®� O YES water or other liquids(e.g.retention pond,waste lagoon,dam)? ALS 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? X 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: g I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Carbone Applicant/sponsorname: Ralph M. Carbone, Jr. & Lauryn F. / Date: April 1, 2014 Signature: By �f'.�r�. �. /�+•••,u? Stephen L. Ham, III, authorized agent 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,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 • RECEIV# � No,or Moderate small to large BOARD OF APPEAL mpact impact ay may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 REGEI ED 74� APR 0 3 2-014 APPLICANT/OWNER F30ARD OF APPEALS 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 oftiossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: RALPH M. CARBONE, JR. (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 March ,2014 Signature Print Name Ralph M. Carbone, Jr. RECVED X14( APR 0 3 2014 APPLICANT/OWNER g®ARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics urohibits 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: LAURYN F. CARBONE (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 Submittedth' day of March _,20�t_AL_� Signature Print Name Lauryn F. Carbone • • KECIvED APR 0 3 z0�O AGENT/REPRESENTATIVE BOARD TRANSACTIONAL DISCLOSURE FORM OF gppEq�c 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 : Ralph M. Carbone, Jr. & Lauryn F. Carbone (Stephen L. Ham, III, agent) (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 I day of April ,2014 Signature 4-- Print - -Print Name Stephen L. Ham, III, agent DECEIVED t Town of Southold APR 0 3 2014 LWRP CONSISTENCY ASSESSMENT FORM OF APPEALS gQARD A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete thisrCCAF 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# 1000 - 001.00 - 02.00 - 006.004 & 006.005 The Application has been submitted to(check appropriate response): Town Board IE Planning Dept. 0 Building Dept. 0 Board of Trustees M Board of Appeals X 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: construction of accessory structure (pool house) RECEIVE,, �71��, Location of action: 6227 Castle Road, Fishers Island APR 0 3 2014 Site acreage: 3.63 acres BOARD n g F APPEALS Present land use: single-family residential Present zoning classification: R-120 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: Ralph M. Carbone, Jr. & Lauryn F. Carbone (b) Mailing address: 635 Tudor Drive, Cheshire, Connecticut 06410 c/o Matthews & Ham (c) Telephone number:Area Code ( ) (631) 283-2400 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No E 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. ❑x Yes ❑ No ❑ Not Applicable While the project is a private development and does not have a Public purpose, it does make beneficial use of a coastal location. Although the new structure will be within 100 feet of the top of the bluff, that bluff is currently undergoing a major restoration and the new structure will have no impact on the stability of the bluff. Moreover, an existing swimming pool, that' had'been the subject of severe erosion, will be stabilized and located a reasonable distnace from the top of the bluff. 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 ❑X Not Applicable The project is neither designed nor intended to have an impact on historic or archaeological resources of the Town of Southold. f kECEZVED A . • Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No ® Not Applicable The project is not designed nor is it intended to have any impact on visual quality or the protection of scenic resources. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No ® Not Applicable The project is not designed nor is it intended to have an impact on flooding or erosion but the concurrent restoration of the bluff will have a beneficial effect on erosion. 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 1E Yes R No ®Not Applicable The project is not designed nor is it intended to have any impact on water quality. 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. R Yes R No© Not Applicable The project is not designed nor is it intended to have any impact on the quality or functions of Town of Southold ecosystems. RECEIVE[ 'n 7 Ar o �zo� n n n i7P APPS S Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable The project is not designed nor is it intended to have any impact on air quality. 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 The project is not designed nor is it intended to have an impact on environmental degradation from solid waste and hazardous substances and wastes except that appropriate measures will be taken during construction to insure that any wastes or substances resulting from construction activities will be confined to the site. 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. ❑ YeA0 No© Not Applicable The project is a private development and provision of public access is irrelevant 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. 7 Yes ❑ No ® Not Applicable • i The protection of water-dependent uses and promotion of their siting in suRE locations are not relevant to this project. „7 APR 6 3 204+ BOARD OF LS 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 The project is neither designed nor intended to promote sustanable use of living marine resources. 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 The project is neither designed nor intended to protect agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Promotion of appropriate use and development of mineral resources is irrelevant to this project. PREPARED BY: Stephen L. Ham, III, authorized agent April 1, 2014 Created on 512510511:20 AM MATTHEWS & HAM RECEIVED ATTORNEYS AND COUNSELORS AT LAW APR 0 3 11n 38 NUGENT STREET / SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS BOARD OF APPEALS (1912-1092) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 e-mail:Matthamesq@aol.com BARBARA T. HAM April 2, 2014 BY UPS Ms. Vicki Toth Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Ralph M. Carbone, Jr. & Lauryn F. Carbone (SCTM Nos. 1000-001.00-02.00-006.004 & 006.005) Dear Vicki: In connection with the referenced application, I have enclosed nine sets of the following: 1. Applicant Transactional Disclosure Forms, signed by Ralph M. Carbone, Jr. and Lauryn F. Carbone as owners, and by me as agent. 2. Notice of Disapproval, dated January 10, 2014, amended January 14, 2014 , March 17, 2014 and April 2, 2014. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description, prior decision nos. 2479 and 6664, and standard covenants and restrictions applicable generally to lots shown on the Map of Fishers Island Development Corporation. 4. Z.B.A. Questionnaire, signed by me as agent, together with copy of Certificate of Occupancy No. Z-3632, dated October 31, 1969. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. RECEIVE[ �'y� Ms. Vicki Toth Page g e 2 April 2, 2014 APR (1 *,i BOARD OF APPEALS 8. Copies of current assessment pages for the subject premises from the Office of the Board of Assessors. 9. Letter of authorization from Ralph M. Carbone, Jr. and Lauryn F. Carbone, dated March 31, 2014, authorizing me to act as their agent in connection with this application. 10. Site Development Plan prepared for Ralph Carbone, Jr. by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated March 28, 2014. 11. One sheet on 11" x 17" paper of Pool House Plans and Elevations (Page PH 1.1) and one sheet on 11" x 17" paper of Carbone House Site Plan prepared by Catalano Architects Inc., dated March 26, 2014. (In addition to the nine 11" x 17" sets, I have enclosed a single set of those two sheets at the actual scales of 1/4" = 1' and 1" = 10', respectively.) 12. Two photographs showing the existing swimming pool. The pool house will be centered on the existing pool. (The pool house location will be staked this week or early next week and additional photographs showing the staked location will be submitted as soon as practicable thereafter and in any event before April 17.) Finally, I have enclosed my check to the Town of Southold in the amount of the $2,500 application fee. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing on May 1, 2014. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures RECEIVED APR d 3 2014-7�& BOARD OF APPEALS April 15, 2005 FISHERS ISLAND DEVELOPMENT CORPORATION Restrictive Covenants Relating to Development and Annual Assessment Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor, its successors or assigns") in the deeds to all lands in the Olmsted "Park" east of the gate on Fishers Island, relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants"run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee, his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the "Park",these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only,together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. ,,That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan)which shall have been approved in writing by the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed,without the written consent of the grantor, its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. DECEIVE® APR 032Q14�, /o "That from and after April 15, 2005,the grantee, his heirs, suc AQ&q[nPF APPEALS assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term"grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee,his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." i 1;)7_ RECEIIEL ; FORM xM4 APR U 3 2014 TOWN OF SOUTHOID BOARD OF APPEALS BUaDDW, DEPARTM&NT Towne Clerk's Office Southold,N.Y. ; Certificate Of Occupancy NO- Z- 3632— Bate . . . .. .. ... Oct. .. ..31. . . . . . .. 19.6(). TIM CERTIFIES that the building located at &/a,pVt .pAV g,f end.pv * Street I► Rp No. '•. $t. . . Bloch No. .. . . . .. .. .Lot No. � �._.,Y-i-shem•I s3and. conforms substantially to the Application for Building Permit heretofore.filed in this ofrwe dated _ .. . .. . -Sept- 1969. pursuant to which Building Permit No.• .40,36_Z. elated . . . .. . . . . .se.pt . . 10 —, 19 68., was issued, and conforms to all of the require- ments of the applicable prnvislom of the law.The occupancy for which this certificate is issued is . . .Private. -one- •Lam31,y-dv'ening. . .. .. ... . .. . . . . . . . . . . . . .. . The certificate} is issued to . . . 3erry `1t; ace` ITI (owneM ee or tenant) of they aforesaid building. Suffolk County Department of Malth Approval . . ..X+R,.. ..... . . . . . . . . . . . . . ... . . . . . . �h._jam. ._.f.«!+ � •`J'°..e+.. RECE ED APP 0 2014 Ralph M. Carbone, Jr. Lauryn F. Carbone BOARD OF APPEALS 635 Tudor Drive Cheshire, CT 06410 March 31, 2014 Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variances at Premises at Fishers Island (S.C.T.M. No. 1000-001.00-02.00-006.00 Dear Board Members: The undersigned, co-owners of premises situate at Fishers Island, New York (SCTM# 1000-001.00-02.00-006.006), hereby authorize Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as their agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any required variances that would permit the construction that is the subject of a Notice of Disapproval from the Southold Building Department relating to the referenced premises, dated January 10, 2014, amended January 14, 2014 and March 17, 2014, as the same may be subsequently amended. Very truly yours, al . Carbone, Jr. 4UVF�.7Carrbone 40 TOWN OF MOUTTROLD, NEW YORK DATE Z`!�Y.t....�.,.. 1978 . ACTION OF'TM ZON MG WARD OF AlFM5 RECEIVED Appeal No. 2479 Detect September 22, 1978 ACTIN( OF THE ZONING.BOARD OPAPPEAIA OF THF,TOWN OF SOUTMOIZ APR p32014 To Henry Luce, III Appellant p OF APPEALS Fishers Island, New York 06390 BOAR (Eric Haas, Esq.) at a meetior of the Zoning hoard of Appeals on October 19, 1978 the appeal was considered and the action indicated below wan taken on your ( ) Request for va:l;mce due to lack of seem to pmperty t ? Request for a special mmeptiou under, five Zoning Ordinance (X) Request for a variancee to the Zoning Ordhmnce ( ) 1. SPECIAL.Fx KMON.k3y resolution of the Board A was determined that a special exception. ( ) be granted ( ) be denied pursuant to Article .,... _ Section ......... _ Subsection ... ____...._ paragraph .......... of the Zoning Ordinantt and the decision of the BaUding Inspector ( ) be reversed ( ) be enuf"mad becansa 9.30 P.M.. (:D.S.'T.) Upon application of Henry Luce, III, Fishers Island, New York (Eric Haas, Esq.) for a variance in accor- dance with the Zoning Ordinance, Article TSI, Section 100-30 C 2 for parmfsoscion to construct a fence around an underground pool. Location of propertyt Fishers Island, New York, bounded on the north -by Private Road; east by Simons; south by Block Island Sound; west by Coffee. 2. VARIANa&By resaiation of the Board it was determined that (a) Strict appltcatiori of the Ordbwnce(Around) (would nett) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) Tk*hardship created (is) (ft mat) unique and (w+udd) (would mot) be shared b9 all ptpyeKto alike in the immediate vicinity of this tlroparty and in the aarne use distsiat because SEE REVERSE (c) The variasm (does) (doer rat) observe the spirit of the Ordinance and (would) (would not) change the character o6 the district because SEE TERSE and therefore, it was further determined that the roquested Variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be ftr%firmtd ( ) be reversed, SEE REVERSE JMT zCkh 00ARD OF APPMAIS roRM zM RECEIVE[ APR 0 3 2014 BOARD OF APPS After investigation and inspection, the board finds that the [�' applicant requests permission to eliminate a swimming pool fence, Private Road, Fishers island, New York., in a remotelocation at the easterly enol of the Island. The findings of the board are that the applicant owns a swimming pool (constructed prior to the .fencing regulation) situated between an attractively landscaped home and Block island Sound. Access is by means of a private driveway off a ,private road several miles from the center of Fishers Island.: urge areas of a tract and nearby areas are covered with dense native under- brush, and the pool is partly protected front casual intrusion by a steep bank to the south toward the beach. We agree that the remote, location of the pool and its surroundings reduces the possibility of accidents involving casual intruders. A number of pools in the Town of Southold are located similarly to achieve privacy by means of some or all: of the methods noted by the applicant. No one has ever been granted a fencing variance. A fence would not have prevented the only Southold Town. fatality. (the mazy jumped into a partially .filled ;pool.) it is the obligation of the Board of Appeals to require all reasonable safety precautions. Accordingly, the Board finds that the hardship is not unique or unusual and that the aesthetic considerations noted by the applicant are outweighed, in our opinion, by the need to implement the safety, health and welfare of the residents of the Town as set forth in the opening paragraphs of the Zoning Ordinance. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the character of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED that Henry Luce, 111, Fishers Island, New York be DENIED permission to eliminate a swimming pool fence. Location of property: Fishers Island, New York, bounded on the north by Private Road; east by Simmons; south by Block Island sound; west by Coffee. Vote of the Board: Ayes. Messrs; Gillispie, Grigonis, Doyen, Tuthill and Douglass. rZE. 'EIVE'D AND F7LZD BY TIZ SOMIM:i) TOVIN Ci.EE3K DATE ra�fOPP HOUR Town Clerk, Town of Southold S old Town Hall BOARD MEMBERS BOE $o(/ry 530951Road-P.O.Box 1179 Leslie Kanes Weisman,Chairperson �� ��� Southold,NY 11971-0959 Eric Dantes ~ Office ocation: Gerard P.Goehringer da Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) � Southold,NY 11971 / ��G Ken Schneider ��'�C�(Jtm 6 RECEIVED http://southoldtown.northfork.net ZONING BOARD OF APPEALS APR 0 3 2014 TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 BOARD OF APPEALS FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 22,2013 ZBA FILE: 6664 NAME OF APPLICANT: Ralph M. Carbone,Jr. SCTM 1000-1-2-5 PROPERTY LOCATION: East End Road,(aka Castle Road)(adj. to Block Island Sound)Fishers Island,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 May 24, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 2, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action to maintain an existing third story enclosed captain's walk at a height of 39 feet is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. It is our further recommendation that although the proposed action to locate renovations to an existing residential building at less than the Code required 100 feet setback from the top of the bluff, has been determined to be INCONSISTENT by the LWRP Coordinator with the LWRP policy standards, and therefore is INCONSISTENT with the LWRP, the extensive bluff restoration project plans undertaken by the Applicants do incorporate the comprehensive ideas and recommendations of all other appropriate Town and County agencies, including recommended techniques for the bluff restoration, the planting of native vegetation, and the idea of I leaving unused portions of an existing foundation on site and intact as part of the bluff erosion protection plan, and therefore does significantly mitigate the coastal environment concerns as expressed by the DAW Coordinator, enough that this Board recommends that the proposed renovation project to the existing building is CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION: The Applicants' parcel is a 3.24 acre waterfront property in the R-120 Zone. The northerly lot line borders an adjacent 0.94 acre parcel also owned by the Applicants. The easterly lot line borders another parcel. The southerly lot line borders Block Island Sound, and the westerly lot line borders other residential property. The parcel is improved with a single family dwelling, with areas of decking, an RECEIVED Page 2o�4—August 22,2013 . APR 0 3 ZBA#6664—Carbone,Jr. 201a SCTM#1000-1-2-5 /_ -4(o $OARD OF APPEAUS attached garage, and an in ground swimming pool, as shown, with proposed renovations and additions, on the survey drawn by CME Associates Engineering, Land Surveying, &Architecture, PLLC, dated March 7, 2013, and last revised on May 07,2013. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article III Code Section 280-14 and the Building Inspector's April 16, 2013, amended May 13, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to a single family dwelling, at; 1) less than the code required 100 foot setback from top of bluff, 2)more than the code limit number of stories (2 ''/z)with a height of more than the code limit of 35 feet. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations at+/- 13 feet setback from the top of the bluff where Code requires 100 feet, and another variance for a third story at a height of 39 feet,where Code only allows 2 '/2 stories at a height limit of 35 feet. ADDITIONAL INFORMATION: The Applicant's have secured the Board of Southold Town Trustees Wetland Permit #8043 dated Jan. 18, 2013, the Coastal Erosion Permit#8043C dated Feb. 20, 2013, authorizing extensive storm eroded bluff restoration, and the Wetland Permit #8215 dated June 19, 2013 authorizing the construction renovations on the Applicants' single family dwelling. The Applicants' have also secured a NYSDEC Tidal Wetlands Permit dated Feb. 27, 2013 authorizing the bluff restoration project. The Applicants' file contains other very relevant documentation including a memorandum from the Suffolk County Soil and Water Conservation District dated June 19, 2013 issued after a site visit by a County Soil District Technician. The memorandum includes several pertinent observations and recommendations for the Applicants' site regarding actions to safeguard the bluff during the bluff restoration and building renovation and construction, and a listing of preferred methods to be undertaken to stabilize the bluff, and specific actions under taken to attempt to prevent further future bluff erosion. The memorandum and related material submitted detail preferred bluff re-vegetation measures, provides a catalog of native plant selections, and further recommends that the portions of old building foundation facing the bluff, seaward of the Coastal Erosion Hazard Line, that are not included in the renovated building footprint be left intact, and not be removed, in the effort to help stabilize the bluff. The file also contains a detailed work description titled "Carbone Slope Stabilization Project" dated Jan 10, 2013 as developed by the Ocean and Coastal Consultants Company. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on July 11, 2013 and August 8, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicants are reducing the seaward footprint of the existing building. Features such as a captain's walk were common and customary to residential buildings in past decades, and the 70 sq. ft. feature has existed on this building for many years. None of the Applicants' proposed renovations will create a change in the residential character of the neighborhood. i 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for the proposed renovations cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because a large portion of the existing building lies within 100 feet of the top of the bluff and therefore the renovations require the grant of a variance. The benefit sought by the applicant for the enclosed third story captain's walk at a 39 feet height cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because Town Code allows only 2 '/2 stories at a maximum height of 35 feet. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 13 feet setback from the top of the bluff is mathematically substantial, representing 87% relief from the code. However, the Applicants are actually reducing Page 3 A4—August 22,2013 0 • RECEIVED ZBA#6664—Carbone,Jr. APR O �O1 SCTM#1000-1-2-5 � the seaward footprint of the existing building, and are applying substantial financial resources to 4IRI&Ofo ppEALS necessary because of storm related erosion. The variance granted herein for a third floor space is mathematically substantial representing 100%relief from the code. However, the space was built years ago by previous owners, its removal would require expensive roof re-construction,the 70 sq. ft. area is quite small in relation to the overall size of the entire house,and this area will remain non-habitable. 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 Applicants have incorporated the extensive input of the Southold Town and Suffolk County agencies responsible for safeguarding the coastal environment into their bluff restoration and building renovation projects. The Applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Codes. 5. Town Law 4267-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. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a building renovations and use of an existing enclosed captain's walk, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variances as applied for, and shown on the survey drawn by CME Associates Engineering, Land Surveying, & Architecture, PLLC, dated March 7, 2013, and last revised on May 07, 2013, and the architectural drawings by Catalano Architects, Inc. dated 5/13/13, pages AO.1,A D.l,A1.0 — A1.5, subject to the following conditions; CONDITIONS: 1. The existing enclosed third story captain's walk will remain as non-habitable, non-conditioned space to be used only as an observation tower. 2. The third story space will not be enlarged, and will not be outfitted with beds, tap water, or any type of kitchen appliances. 3. The third story space, and the access to and from it will comply with all applicable State,and Town Fire Codes. 4. The Applicants shall obtain a valid CO for the existing swimming pool within one year of the date of this decision. 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 variances) 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. Page 4 of 4—August 22,2013 • RECEIVED ZBA#6664—Carbone,Jr. SCTM#1000-1-2-5 ��q n g H V @ 20' b746 BOARD OF APPEALS Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted (5-0). lrw,,�— Leslie Kanes Weisman, Chairperson Approved for filing g/J� /2013 APWA f.OW A Nib T Qre F a- i �f. - - S t� All- • ',�° -•�a, � .>., `^sem :> �..,c+� �- ,,, FY - ON AM Aw lw F > J - r ! r d x r - i i� �r. i O/ k \ � l- ��t�K. +:, �.. a� 1. 2C 12 I�.' ,.x .�, �� -I "/ x 1 .e�, ... _ 4''. �1• .'� `� � � iii 1 5 •N x�. , •�� +z` '1 �� , 1�l ,i � �7 Y ''�, .i a,^ i�<� p�=.�-..,w, '1 Y k.., 4 -6 `} r ff \ -� x •�. � � _� - i� t .+,7�5/r �v� ;qi;. �/-pry` . �. t ` ' '- 4' - � pp -� �i :tri_ -- t j � v �;•�.:,, [r � K s y ..I r+d6r h\O Y. �ta�� r� �``.�+ q"�.L��i ►yew j - � V �y�- `•x ,(-��Ct�;_��l�ti� i��,*�c�,� "„��,sf�i'�y��'�Z. .e - '1���r l A�t t-f r. � - 1 }R��`�s�sr:;.�s �•-�,. 5 f iL VC WE lw IV lit t . } � ��- Ak 'S'.�� ,r. 1 f y-a1�"c + <�.' r i +�i1r k'� �/' �.✓ _ ` � 1 < ��'�'.+�/�% -1 �f" `�`� Y F All, 1 ails 43 °X _ � x �-.ow Al r• ••ti� r .� � i r �, ��V�!'�h *,,.�r�fgaf`r<• j >�• .i+;'r'� 1 = _ ----ti�.�► - — _ lC�k. c.� p y�.. % �- a4 �. � `� '�'p,>j,1 Wit`• ..' Fr ��� F s�. ,Y��/ �� r• terI� �s 1• i a _,r .Y •� �, � iR.;�'[ �-;, '-�� -= �.,� i, _,.�", _ -Rist -_. :.;. ' If _ � 'v S 6��ti-•� -.7t '�X11 'ti�rz v 'r•� {� ;1 �- -. '�. at �f�_ c� � s a � I • -- `��J iV r4S +Z \ 1 '- nTi' i � .., a�. -i � „tea,.,, ..#en �"'-. -'� a;,•g,, - .. "'�"•.•° _ '. a "rte `-""•." ".. y. ��`' _ ,a - j x , ALA- 5r g- �.....�._ ,4,e ` - `. ,. ^' ,,_. �:. °tom•^`' �' ,' -' �';2�' „�, �r ' V `\ MATTHEWS & HAM \ V "� ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW FORK 11968 PHILIP B. MATTHEW6 (1812-1882) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM e-mail:Matthamesq@aol.com April 18, 2014 6W6 RECEIVED Ms. Vicki Toth APR 2 1 2014 Zoning Board of Appeals BOARD OF APPEALS 54375 Route 25 Southold, NY 11971 Re: Application of Ralph M. Carbone, Jr. & Lauryn F. Carbone (SCTM Nos. 1000-001.00-02.00-006.004 & 006.005) Dear Vicki: In connection with the referenced application, I have enclosed seven prints of each of two photographs from different vantage points showing, among other things, stakes set at the corners of the proposed pool house that is the subject of that application. Dick Strouse told me he may have more photographs so, if you think it would be important for the Board to see them before the public hearing on May 1, please let me know. Best regards. Sincerely, Stephen L. Ham, III Enclosures ...... ... .. m FAR E A 10 . NER- . -CR-. Bay W PE 74n `- - SEas. VL FARM Comm CB. misc. mkt-varve ice: _ 30 tA ND IMP. TOTAL DATE REMARKS ao J2 0 0 C) AIL 4. Ls 7 j- V -0-1 14,0 6 - 7 LE-Z 4 2,Ji'7-- L2-0 a N Mo V(0113-- Vdfue?er -A 2-76/jO q2t 7' to IZS//3 2## Hors�e#loa I125 wLe 1,0,pgv a whoa y -A Wjwdland ' Swam:land FRONTAGE ON WATER APR 03 101 .'Brushland FRONTAGE ON ROAD D OF DEPTH DUARAPPEALS 14ouse Plot L S BULKHEAD oe y Z- 7-4 -DOCK REC VEb AAPR 0 02014 Elvi — !a IL T ! I I =¢ i ! ' `3 1.-2-5 4/12j a s:L-1f ' Both Dinette ij °c' F�t{� ,E oun lotion �r- � .� .. "aEit`etislo >` 5• v osement j,. Floors yK. =Z pct. Wa€Is Interior Finish LR. z ertsEcifi: -- �. .Fire Place Heat A/&d 17C D2' �:'r`:�°:= - -_ �=:` _ 4` _ ',Z'• Mfr / Type Roof Rooms 1st Floor BR. "'ore := : {ltt'{}��-/R/7 /F I/� •/ may/�(--Recreation Room Rooms 2nd Floor Q N. B. DOrMa r .. Drivewoy 'A t = si F. - o - s� tat F - € -.:. ..t.:.. _. _._. ... .. .:..-,.�;.-:.' '" � a• I a 3 _ ' - E �i - _ IRECEIVE - _ APR U 32014 7 �2 �' ►- _ COLOR 1 1 tV TRl s 6 � 3 � 1 • UAd ";— I r 1 St 2nd M. Bldg. Foundation OTHER Bath Dinette FULLExtension CRA RAFMA Basement sWg� P?fITFAL Floors Kit. Extension Finished B. interior Finish L.R. Extension Fire Place Heat D.R. GarageExt. Walls BR• Porch Dormer Baths DecWatlo Fam. Rm. Pool Foyer A.C. _ Laundry Library/ study t - COL0R r r tP TRIM �teCEI\/ED App 0 3 2014 Q c 1 BOARD OF APPEALS po- Ist 2rd M. Bldg. Bath Dinette Extension Flours Cit. Extension Finis Qa c Interior Finish L.R-1 Extension Fire Place ?S beat D.R. (Garage Ext. Walls 8R• �v Porch Dormer Baths Deck/Patio l Fam. Rm. t� Pool Foyer A.C. Laundry Library/ O.B. Study Dock u.1:3 _ Dock �-00-0 TOWN OF SOUTHOLD PROPERTY RECORD CARD -, OWNER STREET VILLAGE D15T. SUB. LOT Lo,� aEOS�yli > 1 �-is�qo 4=s avl a ACA. Z RE AAK 3q Re- QG 5] 1 L 12."751 Z4-00(-%P4 ib CAf `�LE5'�Sp TYPE OF BLD. PROP. CLASS 6� LANG IMP. TOTAL DATE I CE 1 ) 2-3( ) ` APR 0 3 2014 BOAR FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL * * * RECEIPT * * * Date: 04/08/14 Receipt#: 167007 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6746 $2,500.00 Total Paid: $2,500.00 Notes: Payment Type Amount Paid By CK#14526 $2,500.00 Matthews, & Ham Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID:6746 • • ELIZABETH A.NEVILLE,MMC �.1► r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 C** Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O lipFax(631)765-6145 MARRIAGE OFFICER y `► O Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �( `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 8, 2014 RE: Zoning Appeal No. 6746 Transmitted herewith is Zoning Appeals No. 6746 of Stephen L. Hamm III for Ralph M. Carbone,Jr. & Laurvn F. Carbone -the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter from Matthews& Ham Dated April 2, 2014, Two Pages of Fishers Island Development Corp Covenants,Notice of Disapproval Amended April 2, 2014, Certificate of Occupancy No. Z3632 for Private One Family Dwelling Dated October 31, 1969, Authorization Letter from Ralph M. Carbone, Jr. to Stephen L. Ham, III to Represent Them in this Matter, Action of the Zoning Board of Appeals No. 2479 Dated September 22, 1978, Four Pages of Finding & Determination No. 6664 Dated August 22, 2013, Two Pages of Photos of Property,Five Pages of Property Record Cards, Two Pages of Plans Showing Site Plans & Elevations Dated March 26, 2014 Prepared by Catalano Architects, Inc., Site Plans for Proposed Pool House Dated March 28, 2014, Two Pages Plans Showing Site Plan & Elevations Dated March 26, 2014, BOARD MEMBERS rjF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson tio�� yO�O 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing p a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YCQ(l(�(,��' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 June 10,2014 Stephen L. Ham, III 38 Nugent Street Southampton,NY 11968 RE: ZBA Applicatio #6746 - arbone Dear Mr. Ham: Transmitted for your records is a copy of the Board's June 5, 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. MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11968 l/X� PHILIP B. MATTHBWS -- (1912-1992) 631-283-2-400 STBPHBN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM e-mail:Matthamesq®aol.com May 1, 2014 MEMORANDUM TO: Zoning Board of Appeals gCIOVIC Town of Southold - D MAY 12014 FROM: Stephen L. Ham, III RE: Application No. 6746 of Ralph M. Carbone, Jr. and Lauryn F. Carbone (SCTM #s 1000-001.00-02.00-006.004 & 006.005) This Memorandum is being submitted in support of the application for variances by Ralph M. Carbone,Jr. and Lauryn F. Carbone relating to premises owned by them at 6227 Castle Road on Fishers Island(Application No.6746; SCTM#s 1000-001.00- 02.00-006.004 & 006.005). A. VARIANCES REQUESTED The Carbones are requesting variances to the Southold Town Zoning Code (the"Zoning Code")to legitimize an as-built swimming pool and permit the construction of a new pool house at their now 3.63-acre parcel as shown on the Site Development Plan Prepared for Ralph Carbone, Jr. prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated March 28, 2014 (the "Site Plan"). Except for the denial relating to the "design" of the pool house as a second dwelling unit, the desired variances relate to the respective requirements under Sections 1 280-116 and 280-15 of the Zoning Code that (i) buildings adjacent to sounds upon which bluffs exist must be set back 100 feet from the top of the bluff and (ii) accessory buildings and structures must be located in the required rear yard. Variances are needed to permit the existing swimming pool to remain in its current side yard location and the proposed pool house to be located in a side yard and also to permit both structures to be located within 100 feet of the top of the bluff on the subject property. Since a pool house and a swimming pool are permitted uses in this R-120 Zone District and, insofar as the location as opposed to "design" of the structures is concerned, the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variances are area variances. Town Law§267.1. Therefore, the standards of Town Law §267-b.3(b) apply with respect to those variances. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b.3(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. The Building Department's conclusion that the "design" of the pool house renders it a second dwelling unit is addressed in a separate heading at the end of this Memorandum. 2 B. DISCUSSION OF AREA VARIANCE STANDARDS 1. Relative Benefit and Detriment. The subject property has undergone an extensive bluff restoration/stabilization project under permits granted by the New York State Department of Environmental Conservation ("NYSDEC") and the Town of Southold Board of Trustees (the "Town Trustees"), copies of which were submitted to your Board in connection with Application No. 6664. Photographs of the bluff project from the fall of 2013 and the spring of 2014 are attached hereto as Exhibit A. The work that is the subject of this application should be out of the jurisdiction of NYSDEC due to its elevation and a letter of non-jurisdiction will be obtained if required by the Building Department. The Town Trustees will likely require some kind of permit which the applicants will obtain. I am advised that, under their current practice, the Trustees will wait until your Board has acted on this variance application before issuing a permit for matters under their jurisdiction. The proposed pool house is landward of much, if not most, of the existing residence and the existing swimming pool is now 18 feet from the edge of the bluff, a significant improvement since last year when a portion of the pool was actually overhanging the bluff. Compared to the major work near the top of the restored bluff that has been undertaken with respect to the main dwelling, the construction of the pool house will produce very little additional disturbance or development. Deed area lot coverage and buildable area lot coverage for the two FIDCO Lots comprising the subject property (see discussion under heading"C-2"beginning on page 8 below)will increase only slightly from 5.3%to 6.0% in the former case and from 8.7%to 9.8% in the latter case, in any event well 3 below the maximum of 20%. While some pine trees will have to be removed to make way for the pool house, the applicants have been advised that those trees are diseased and would have to be removed at some point in the near future anyway. Moreover, the area around the pool and the proposed pool house is essentially already a construction site. The swimming pool is now existing in the side yard and the pool house is logically proposed to be nearby. Indeed, it would make no sense to try to locate the pool house anywhere else on the property. Like the main dwelling itself, it should have no impact on the views from the principal dwellings on the adjoining properties which are both already at lower elevations. In light of the foregoing circumstances, the benefit to the owners is not offset in any respect by harm to the only two neighbors or to the public at large. 2. Character of the Neighborhood. Neither the existing pool nor the proposed pool house will produce an undesirable change in the neighborhood or to nearby properties. In the first place, based on Application No. 2479 from 1978, we know that the swimming pool has been in its current location for at least thirty-five years. Moreover, it was not so long ago that it actually overhung the edge of the bluff but it is now a safe eighteen feet from its edge. The pool house will be farther from the top of the bluff than much of the main dwelling. Lot coverage will increase but whether buildable area coverage or deed area coverage is applied,the increase will produce a lot coverage that is less than one-half of the allowable coverage of 20%. Secondly, with the property being at the extreme easterly end of the Island, 4 the "neighborhood" is limited to two dwellings, one on the east and one on the west, both of which are at a sufficient distance that the visual impact of the two accessory structures would be slight, if such changes would even be visible to those two neighbors at all. 3. Alternatives. The swimming pool has been in its current location for at least thirty-five years. Moving it to a conforming location would not only be unfeasible from a financial standpoint, it would involve substantial disturbance of and harm to the bluff that the Zoning Code provision is designed to protect. With the need for the pool house to be relatively close to the swimming pool and the swimming pool already being in place, there are only worse alternatives (like placement closer to the bluff), not feasible ones, for its location. Of course, if construction of the pool house would produce a violation of lot coverage or some other zoning violation or if it would pose a threat to the stability of the bluff, then it could be argued that a feasible alternative would be to refrain from building it at all. However, such construction would not trigger any other area variance requirements and, as evidenced by the affidavit of Azure Dee Sleicher attached hereto as Exhibit B, it would not have an adverse impact on the stability of the bluff. 4. Substantial Nature of Variance. If the applicant were seeking approval for the construction of a new swimming pool in a pristine area within 100 feet of the top of the bluff when feasible conforming locations were available, the nature of the variances requested in this case would rightly be considered substantial. However,as discussed above,the swimming pool already exists and, thanks to the Carbones' substantial expenditures for bluff restoration, it is located a safe distance from the top of the bluff. The variance for the setback of the proposed pool 5 house is substantial in absolute and percentage terms but its substantiality must be viewed in light of the circumstance that its location is essentially dictated by the existing swimming pool and the fact that the alternatives are worse. The variances needed to have the structures located in a different yard, the side yard, from the required rear yard might also be seen as substantial but, as illustrated in this Memorandum,they are unavoidable. Accordingly,substantiality should not be given too great a weight in view of the circumstances present in this case. 5. Impact on Physical and Environmental Conditions. The overall project of which the legitimization of the swimming pool and construction of the pool house are the last phases has been designed to mitigate its impact on physical and environmental conditions at this site. The bluff has been restored and stabilized under plans prepared by experts on coastal erosion matters and approved by NYSDEC and the Town Trustees. The swimming pool has been preserved at a safe distance from the bluff it overhung last year. Building the pool house will involve removal of a few diseased trees but, as described in the affidavit of Azure Dee Sleicher attached hereto as Exhibit B, it will not have a significant impact on the stability of the bluff or on the potential for future erosion. In his report dated April 24, 2014, the Town's LWRP Coordinator has found the proposed actions to be CONSISTENT with the Local Waterfront Revitalization Program. The project will be undertaken in what is essentially already a construction site. Upon completion,the views of the neighbors will not be impaired or even mildly impacted. 6. Self-Created Hardship. The issue of self-created hardship is not pertinent with respect to any of the requested variances. The swimming pool was built in 6 an improper location by a former owner and (advised by a Connecticut attorney unfamiliar with local permit and CO issues), the applicants were unaware of its illegality when they purchased the property and are now seeking to legitimize it. With respect to the proposed pool house, they have not undertaken any construction or restoration without the proper permits and relief from your Board. Their right to variances depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. C. DISCUSSION OF VARIANCE REQUIRED FOR "DESIGN" OF POOL HOUSE 1. Design Features. The Building Department, having reviewed the floor plans of the proposed pool house, has taken the position that the design of that structure renders it a second dwelling in a Zone District where only one single-family dwelling is permitted under Zoning Code §280-13. The applicants concede that they would not be able to satisfy the standards under Town Law §267-b.2(b) for the granting of a use variance and therefore no attempt will be made to do so. Instead, the applicants request that your Board either determine that the design of the pool house does not render that structure a second dwelling unit or grant a variance to permit construction with the proposed design, subject to the applicants providing appropriate undertakings to the effect that the structure will never,in its proposed or any other design, be used for habitation, rental orotherany other purposes consistent with use as a second dwelling. As can be seen from the floor plans prepared by Catalano Architects and submitted herewith, while the structure will have a living room, a great room and a wet bar as well as two bathrooms, not only are no bedrooms or dining rooms proposed, there is no kitchen in the plans either. Although the structure is denominated a "pool house", it will 7 actually serve other permitted uses throughout the year. It has been designed with two bathrooms because the two floors are likely to be used independently of one another, with the lower floor being used in the summer as a pool house accessible from the pool level and the upper floor being used during the off-season as (among other things) an observation/play room accessible from the rear via the courtyard. The applicants recognize the Town's and your Board's concerns with respect to accessory structures which could conceivably be converted into illegal second residences and the resulting reluctance of the Town to issue permits for, and of your Board to grant variances or favorable interpretations regarding, such structures, even when the owners are willing to accept written and permanent conditions concerning subsequent conversions or improper uses. However, as described in Section 2 below, the facts present in this application are, if not unique, readily distinguishable from most cases where similar relief is sought with such conditions. Accordingly, no undue precedent would be set by an interpretation of design or grant of a variance that would allow the Carbones'proposed pool house to be constructed as planned. 2. Second Residence Potential. The Carbones' 3.63 acres depicted on the Site Plan constitute two Lots (Lots 1-1A and 1-1 C) as shown on the Map of Fishers Island Development Corporation, a Map that was approved by the Planning Board and the Suffolk County Department of Health Services in the late 1980's and eventually filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A-421 (the "FIDCO Map"), as such Lots 1-1A and 1-1C were augmented by the acquisition of respective 6,926+/- sq. ft. and 10,155+/- sq. ft. parcels from the neighbor on the west pursuant to a lot line change approved by the Planning Board last fall. A copy of an excerpt from the FIDCO Map showing Lots 1-1A and 1-1 C at the time of the filing of 8 the FIDCO Map is attached hereto as Exhibit C. Following the recording of deeds reflecting that lot line change, separate tax map numbers were assigned to FIDCO Lots 1- 1A and 1-1C as so augmented by the subsequently acquired parcels (SCTM #'s 1000- 001.00-02.00-006.004 and 006.005 being the respective new numbers). Although they are often subsumed under a single tax map number(as were the Carbones' parcels prior to their lot line change), numbered FIDCO Lots are recognized as separate homesites by the Town Building Department and the Suffolk County Department of Health Services. Under the Zoning Code, as Planning Board-approved lots, they are recognized lots that are exempt from the merger provisions of the Zoning Code so long as they are (like the Carbones' FIDCO Lots 1-1A and 1-1 C) at least 40,000 square feet in area. Based upon the foregoing, the Carbones currently have a single residence on 3.63 acres of land that have been otherwise approved for two homesites as of right. Therefore, even if the proposed pool house could be deemed to be a second dwelling unit, density would not be increased beyond what has already been approved for this now 3.63- acre land area and, so long as the second homesite remains unimproved, the policy behind the prohibition against a second dwelling unit on a lot in the R-120 Zone District would not be violated. Understanding that they are now using their two FIDCO Lots as a single parcel (but never having relinquished any right to construct a second dwelling unit on the currently vacant FIDCO Lot 1-1A), the Carbones are willing to stipulate in such form as your Board may reasonably require, whether in a recorded instrument, as a condition to the grant of a variance, as a restriction on the Certificate of Occupancy or otherwise, that (i) they will not and will not permit others to use the pool house for dwelling purposes and 9 (ii) if a second residence is ever built on FIDCO Lot 1-1A, they will remove those features of their pool house that have led the Building Department to conclude that it would constitute a second dwelling unit. Any such stipulation would, of course, by its terms be made to be binding on any future owners as well. D. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the applicants to proceed with their project should be granted. S.L.H., III 10 EXHIBIT A Fl L- 2o ' 3 w jr r • a �•Tf' 6t, �. f ! a .y..r.., '•,' .� AAA 7 .I�i - • • EXHIBIT B STATE OF CONNECTICUT ) ss.. COUNTY OF FAIRFIELD ) AZURE DEE SLEICHER, being duly sworn, deposes and says: 1. 1 am a professional engineer, duly licensed by the State of New York (registration # 090426), and Chief Project Manager at Ocean and Coastal Consultants Engineering, P. C., 35 Corporate Drive, Trumbull, Connecticut 06611. 2. 1 have more than thirteen years of experience in coastal engineering, structure design and regulatory assessment and compliance for waterfront projects. Over that period, I have been responsible for a variety of coastal engineering projects, including seawalls, bulkheads and revetments for shoreline stabilization. 3. 1 am familiarwith the real property situate at Fishers Island, New York owned by Ralph M. Carbone, Jr. and Lauryn F. Carbone (SCTM Nos. 1000-1-2-6.4 &6.5) (the "Carbone Property") which, I have been advised, is the subject of a variance application (No. 6746) to the Zoning Board of Appeals of the Town of Southold (the "Board"). I inspected the Carbone Property in connection with a slope stabilization project that was permitted by the Board of Trustees of the Town of Southold and the New York State Department of Environmental Conservation. I have been advised that the slope stabilization project has now been completed. 4. 1 have reviewed the plans and elevations for the proposed construction of a pool house on the Carbone Property prepared by Catalano Architects (the "Catalano Plans") which, I have been advised, have been submitted to the Board in 1 connection with the variance application. I have also reviewed the Site Development Plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of March 28, 2014 (the "Site Plan"). I note that the Site Plan shows that the existing swimming pool is now located 18 feet from the top of the restored bluff and that the proposed pool house is located 52 feet from the top of the restored bluff. 5. In my professional opinion, with the bluff restoration and stabilization project at the Carbone property having now been completed, the presence of the swimming pool at a distance of 18 feet from the top of the bluff and the construction of the pool house in accordance with the Catalano Plans at a distance of 52 feet from the top of the bluff would have no significant impact on the stability of the bluff or on potential future erosion of the bluff. 6. 1 make this affidavit in order to assist the Board in making a determination with respect to the application of Ralph M. Carbone, Jr. and Lauren F. Carbone, knowing it will rely on the truthfulness hereof. dz""�Of, ff,�,I /I/- Az a Dee Sleicher Subscribed and Sworn to Before Me This �tt � Day of April, 2014 Y� Notary Pu lic My Commission Expires: 2 EXHIBIT C -*1p�b f - L s/ Hf AKF+ M-21 21 RBSEP 25811 FILED FDwS FRUCO tCUMofFsllFrax tax•n - w-r _ rSr R .3 rs so � � • I `J���• �" APPROVED BY PUNNING 5OARD TOWN OF=THOLD \\.)% . - \ • c f /�/�yn wTE 1991 uI N wz n^ o _ �O_s� x �•t\ a-a • . I n-e. .;may 7... � :. • o-:r_> • � g � � '•a.a. / �� �•.j�J<:•- 4S V/� - D • / 1-¢ F] '-',>.> / 4 Lx 1 Lia 1-w V 0.Nn 144 By S •.. _ n> -^1: y\ •� � •i-� �-.tit - • fin •., �\ ,� r / :-I ....�,�:wa DEC Ot� B� �( FIELD COVE 1-a• `r f ••> ..a • ... -•--•-- •a.Ma � .¢ ... :-�.:- - i_w \\r•.. ..-- ---- rte.xt. i •-- � T�AFPROVED I MFSM OF 1GAlSN OFR OF MF" .lm' 4� BZOZ r S X10 w� �._ _. - lT ! Z K LAND —1 CCI4VEC75 1075 OR PARCELS MrTN MON OWNER ~E•o ` A SS --;LOT,LMES F S 105 PLAN MADE FOR • %MTTOM --KI11:.-ELOCATON UN"TADA FISHERS ISLAND � MA-aLIM-.E L FROM FIDCOTA7<MG a RM FIDCO-LOIS i' C7 FMO LAhW IFgs•FOC4 a GOLF cam.---,,10�9. SHOWING EAST END LOTS f FISHERS ISLAND, NEW Y0RK NOTE-TNlS MAP COM.>1LED FROM L OLMS7LD 5::0`lIRS rlim—y Plw,n!vifad 9m SC.aI..E ao;, ' z r-N eRO.."N,He I•Wd a yr,L�-Is�l - ° T CHANDLER PALMER BI KING i J .c .nn 1D'_DE^D7, 'a;ni c=-r>apl:aT ,^••o:.r.7D•:v�D¢>M crD N races st^. - vrwp l?15-1535 _nnurf„nr.a.nu NORWICH,C3 CURRENT GUATTTA%MAPS �mNs smi•SHEET AUGUST !981 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF S�UryO1 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing � 54375 Main Road(at Youngs Avenue) Kenneth Schneider IyC�U �`c.` Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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: 9:20 A.M. - RALPH M. CARBONE, JR. and LAURYN F. CARBONE #6746 - Request for Variances from Articles III and XXII, Sections 280-15, 280-13 and 280-116A(1) and the Building Inspector's January 10, 2014, amended January 14 2014, March 17, 2014 and April 2, 2014 Notice of Disapproval based on a building permit application for an `as built' accessory in-ground swimming pool and proposed accessory pool house, at; 1) 'as built' swimming pool and proposed pool house location in other than the code required rear yard, 2) more than the code permitted one dwelling on each lot, pool house by design constitutes as a second dwelling unit, 3) 'as built' in-ground swimming pool located at less than the code required bluff setback of 100 feet, 4) proposed pool house at less than the code required bluff setback of 100 feet, located at: No# East End Road, (aka Castle Road) (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1-2-6.5 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 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: httpl/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. � r NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : CARBONE , RALPH # 6746 SCTM # : 1 000- 1 -2-6 . 5 VARIANCE : BLUFF SETBACK / POOL & POOL HOUSE � LOCATION / POOL HOUSE as SECOND DWELLING REQUEST: "AS BUILT" IN=GROUND SWIMMING POOL & CONSTRUCT NEW AGCY. POOL HOUSE DATE : THURS . , MAY 19 2014 90W20 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING � BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Ralph M. Carbone, Jr. & -14* Lauryn F. Carbone AFFIDAVIT OF MAILING S.C.T.M. Nos. 1000-001.00-02.00-006.004 & 006.005 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 9th day of April, 2014, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, 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. L, (- :—t{, Stephen L. Ham, III Sworn to before me this 23rd delay of April, 200114 Notary Public, State of New York BARBARA T. HAM NotaryPublic 02HState A506 95gew York Qualified in Suffolk county commission Expires August 15, 20 14 ! • J I�VJ ATTACHMENT TO � \ AFFIDAVIT OF MAILING SCTM No. Owner and Address 1000-1-2-4 William Lee Hanley Revocable Trust 250 Jungle Road Palm Beach, FL 33480 1000-1-2-6.1 Horse Head Corporation 8787 Mcdonogh Road Baltimore, MD 21208 i U.S. Postal ServiceTIVI U.S. Postal ServiceT. CERTIFIED MAILT. RECEIPT - o (Domestic •niy;No insurance Coverage Provided) (Domestic Mail Only; a- .o 15-TWITMI-1 111-11-9a "ILL ' [ F' i PEACN`fL:3; QcOt C3 �. OPostage $ $0.49 OWr-q . SOUTy � Postage $ $0.4 SMf/" `—D y7 Certified Fee Certified Fee $3.30 17 -� 'o o $3 0 � tostmark � 0 Return Receipt Fee i 7 Postmark C3 Return Receipt Fee Ciera O C3 (Endorsement Required) Here: O (Endorsement Required) $2.70 C3 $ < C3 J Restricted Delivery Fee _ Restricted Delivery Fee (Endorsement Required) 13 (Endorsement Required) $0.00 $0. 0 b. v Ln Lr) Total Postage&Fees C3 Total Postage&Fees $ $6.49 /201 m $ $6.49 -44/ M y Sent To Sent To ti William Lee Hanley Revo Trust ra Horse Head Cor_ porat_ n Street,Apt.No.; - Street,Apt%Jo.j------ ----------------- 0 or Po6oxNo. 8717 Mcdonogh Road or PoBox No. 250 Jungle Road N CitState,ZI ------------------------'-------------------------------------------- Cry,State,ZIP+a Palm Beach' FL 33'-' ' y P+4 Baltimore MD 21208 PS Form :00 August 2006 :00 August 2006 See Reverse for Instructions COMPLETE •N i COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sigipu�� item 4 if Restricted Delivery is desired. X7 ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. B. Regi ed by( 1-tdN ) C. Da a of livery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address diff t from Item 1 s 1. Article Addressed to: If YES,enter delivery address below: ❑ o William Lee Hanley ' Revocable Trust 250 Jungle Road Palm Beach, FL 33480 3. Service Type IN Certified Mall ❑Express Mall ' ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) .❑Yes 2. Article Number 7012 3050 0000 1408 4690 (i-ransier from service labeq PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i i • COMPLETE ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. d S;�s ❑Agent X ■ Print your name and address on the reverse Addressee so that we can return the card to you. `ived by(Pri ame) ■ Att�i this card to the back of the mailpiece, at of Delivery at c;\ A or,on# e front if space permits, 1. Articl >Addressed to: D. Is delivery add Rem 17 ` Yes If YES,enter deliv a ress below: No Horbe Head Corporation Z Q,8'1� 8717�'Mcdonogh Road Baltimore, MD 21208 3. Service Type ®Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 13 Yes 2. Article Number (Transfer from service iabeq 7 012 3050 0000 1408 4683 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540'; I l i ! • t MATTFIEWS Sc HAM al_1 ✓1�� ATTORNEYS AND COUNSELORS AT LAW L�yY�'1�Cn 11 38 NUGENT STREET SOUTHAMPTON, NEW TORR 11968 PHILIP B. MATTHEWS 0912-1992) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM e-mail:Matthamesq@aol.com April 23, 2014 Ms. Vicki Toth Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Ralph M. Carbone, Jr. & Lauryn F. Carbone (SCTM Nos. 1000-001.00-02.00-006.004 & 006.005) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the two properties to be notified, and the original certified mail receipts and the signed return receipt cards for the owners of those two properties. I will provide a copy and then the original of the signed Affidavit of Posting in due course. Sincerely, Stephen L. Ham, III Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Ralph M. Carbone, Jr. & Lauryn F. Carbone AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. Nos. 1000-001.00-02.00-006.004 & 006.005 -----------------------------------------------------------------------x COUNTY OF NEW HAVEN ) ss.: STATE OF CONNECTICUT ) 1, Ralph M. Carbone, Jr., residing at 635 Tudor Drive,Cheshire,Connecticut, being duly sworn, depose and say that: On the 17U'day of April,2014, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Ralph M. Carbone, Jr. and Lauryn F. Carbone noted thereon, securely upon the property of Ralph M. Carbone, Jr. and Lauryn F. Carbone, 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 (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be May 1, 2014. RiWM. Carbone, Jr. Sworn to before me this day of p ' 2014 *(Notalqj-Ablic) My Commission Expires March 31,2016 #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. r 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 and Town Code Chapter 280(Zoning),Town : me this 2day 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 1.20A owner requesting authorization to estab- 9:00 A M-PETER A BOGER#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 VOLIN$KI Inspector's January 28, 2014 Notice of with three(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 transient roomers. Location of Property building permit for demolition of an exist- No. O 1 W©410b0..e 0 in single familydwelling and construction 26350 Main Road (aka NYS Route 25) $ $ $ Cutchogue,NY.SCTM#1000-109-4-5 4uc11if*I in 5uffft (;Junty thana new single family dwelling,at; t less 10:00 A.M.-CEDARS GOLF CLUB M ComttUfi 0 ltx0d§F&W4,-.r :©) 2016 than the code required front yard setback Y 1 ti' of 35 feet,2 less than the code required LLC.#6745-Applicant request a,Special q Exception under Article-III Section 280 11:00 A M.-G RY nd I>w N 11•en A.M. - KAROL FILIPKOWS- rear yard setback of 35 feet,located at: e cant s the owner re- ZIJAR #6743 - Request for Variances 717 Private.Road#12(aka Windy Point 13B(7). ThApplicant iKI#6748SE -Applicant request a Spe- Road) (adj. to Corey Creek) Southold, questing authorization to continue the use from1Z�nd lXXIII and n nXXH,Building Sections pal Exception under Article IX Section of an existing goWclub house in conjunc mg 280-41B(2). The Applicant is the owner NY.SCIM#1000-87-4-4 tion with the adjoining g olf course. Loca- InspectorFebruary's Feb25,2014 Notice of requesting authorization to operate a 9:20 A.M.- RALPH M.CARBONS. JR.and LAURYN F.CARBONE#6746 tion of Property:450 Cedars Road (aka Disapproval based on an application for contractors' yard. Location of Prop- 305 Case's Lane,Ext.), Cutchogue,NY building permit for demolition of an exist- erty.41250 County Road 48(aka North - Request for Variances from Articles III Buildinngg 13 and Inspec- SCTM#1000-109-5-16.2 ing single family dwelling and construction Road and Middle Road) Southold,NY. 280-116A(1) and the Buil and XXII, Sections 2810:20 A.M.-CHRISTINA OUARTY of a new single family dwglilng and acces- SCrM#1000-59-10-5 tor's January 10,2014,amended Januaryso#6739-Request for Variance from Article rY garage,at;1)less than the code re- 12:00 P.M.-ANTHONY ASCH 0738 XXIII Section 280-124 and the Building quired single side yard setback of 15 feet, - Request for Variances from Article N Lice March 17,val band April 2,ding Inspector's Jan29, 2014 Notice of 2)less than the code required combined Notice of Disapproval based on a building � �' side yard setback of 35 feet,3 XXITI Section 280-124 and the Building permit application for an`as built'accesso- Disapproval based on an application for Y )more than Inspector's March 4,2014 Notice of Disap- p pp building permit for an addition to an exist- the code permitted maximum lot cover- roval based on an application for build- accessory in-ground swimming pool and proposed ing single family dwelling,at;1)less than age of 20%,4)less than the code required p permit for a screened porch addition accessory pool house,a l)`as built'swim- the code required front yard setback from bulkhead setback of 75 feet,located at: ttexisting single family seasonal dwell- ming pool and proposed pool house Iota- 1905 Ba shore Road tion in other than the code required rear Clearvicw,Avenue,West of 40 feet,locat- Y (adj.to Shelter Is- ing,at;l)less than the code required front q ed at:1495 Main Bayview Road(comer land Sound)Greenport,NY.SCTM#1000- yard setback of 35 feet(Skippers Lane), yard,2)more than the code permitted one 53-4-9 dwelling on each lot,pool house by design Clearview Avenue,West),Southold,NY. 11:20 A.M.- ARO FI .IPKMK 1 se less than the code required front yard constitutes as a second dwelling unit,3)`as SC rM#1000-70-8 4 setback of 35 feet(Oyster Ponds Lane),m built'in-ground swimming1 located at 10:40 A.M. - JOHN FORESTIERI #6747 - Request for Variances from Sched- more than the code permitted maximum Skip- less than the coder required bluff setback Request for Variance from Article uletill)IX Section Building &43(Bulk March lot coverage to 20%,located at:me Skip- of 100 feet,4 proposed 1 house at less III Section�-15 and the Building Ins c- 21, and the Building Inspector's March p�(�State Street)Lane(corner Oys- )p p° pool $ Pe 21, 2014 Notice of Disapproval based ter Ponds Lane)Orient,NY.SCTM#1000- than the code required bluff setback of 100 tor's March 7,2014 Notice of Disapproval on an application for building permit to 25-1-1 feet,located at:No#East End Road,(aka based on an application for building per- construct a new building and operate a 1:30 P.M. - SOUTHOLD HI$TORI- Castle Road)(adj.to Block Island Sound) mit for an`as built'accessory solar array, contractors'yard at;1)less than the code CAL SOCIETY#6737—(adj.from April Fishers Island,NY SCTM#1000-1-2-65 at;l)location other than the code required required front yard setback of 100 feet, 3,2014 PH)Request for Special Excep- rear yard,located at:975 Anderson Road, 2)less than the code required side yard tion under Chapter 280-45B(8). Owner Southold,NY.SCTM#1000-50-1-15 setback of 20 feet,3)more than the code requests authorization to operate a flea permitted maximum lot coverage of 20%, (Antique)market,located at:55200 State located at:41250 County Road 48 (aka Route 25(aka main Road)(Hobart Road) North Road and Middle Road)Southold, Southold,NY.SCTM#1000-62-2-52 NY.SGTM#1000-59-10-5 1:50 P.M.-STBPHAN KALAIRAN #6744-Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspector's February 19,2014 Notice of Disapproval based on an appli- cation for building permit for conversion of an`as built'3rd floor space to habitable space,at;1)more than the code permitted 2.5 stories,located at:1977 Bergen Road (aka Private Road#12)(adj.to Long Is- land Sound)Mattituck,NY.SCTM#1000- 112-1-18 The Board of Appeals will hear all-per- sons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the con- clusion of each hearing,Each hearing will not start earlier than designated above. Files are available for review during regu- lar business hours and prior to the day of the hearing. If you have questions,please contact our office at,(631)765-1809,or by email:VickLToth@Town.Southold.nyus. Dated:April 7,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O.Box 1179 Southold,NY 11971-0959 11658-17 4/24 Office Location: OF$�(/ryOlO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Q Southold,NY 11971-0959 lyOUNTY,N�� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 April 7, 2014 Mark Terry, Principal Planner LWRP Coordinator APR - 7 2014 Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6746 CARBONE, Ralph Jr. 1000-1-2-6.5 Dear Mark: We have received an application for an "as built" in-ground swimming pool and construction of an accessory pool house. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson, By: Encls. Office Location: �O��OF$Q(�jyOlO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 G�O Q Southold, NY 11971-0959 i Comm http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 April 7, 2014 Suffolk County Soil and Water Conservation District Attn: Paul TeNyenhuis 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6746 CARBONE, RALPH JR. 1000-1-2-6.5 Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. Office Location: QF SQ(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 GAO • 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 7, 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 # 6746 Owner/Applicant : CARBONE, RALPH JR. Action Requested: "As built in-ground swimming pool and construction of an accessory pool house. 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, Leslie K. Weisman ZBAC rper on By: Encls. N 418.154 (.o-74 60 s Opp 3 C 04 4 6.5mA --- ---—--- 1.QArm 3.3A(C) 3AA R.D.81 7 &3A MONEY POND 115 Wer 48A 110 a 3.2 MUD 7.8A POND 1.9A Q: 10. 2.4A 3.3 2.15A a 11 12A 12 1.9A 31 OG 3.2A 314 13 1.4A 19 a 3.14 10 19A a I-3A(C) 1-3A pST END P.D. IN 414,384 les NOTICE COUNTY OF SUFFOLK K TOWNOF SOUTHOLD SECTION NO E "NTENANCF ALTEMTIO..SALE OR Real Property Tax Service Agency Y 011IRM'DONO—PORTIO"OF TME County Center Riverhead,N Y 11901 001 VILLAGE OF �FFO-Cw.'T-~'S�IIFTED M WTH UT MITTEN PERMISSION OF THE A D00 130 DISTRICT NO 1000 ERRY. RE.PROPERTY T"SERVICE AGENCY (41 P 130 PROPERTY MAP CONVERSION WE M.,N.M11 r` E BLOCK 1 m LOT 1 AA � 6 AREA = 1.30± ACRES STONE bQ L GATE (VACANT LAND) HOUSE 0 .� -- --.. J 0 ami STLEE Nry �/ _ "�-.•.-,- - _ STONE t_M ,2 N - `-`•- WALL 1-1e w! 81.50" i ROAD 1-2A i-u as o 231.,3.3# 3 ' C__ __,.__'- 2 i� �.. �__� GRAVEL ° en ° CIO CIO CIO CIO CIO CIO eee ° ° ° DID DID ° ° OT. ° ° ° ° ° ° ° X71 a 00 1,.- STONE\ DRIVEWAY ° 0i (� A � () ° ° o / \ 4i \ \ WALL ° ° G 1-3c t-,c •/�� Q� 0 o / c0 \ \ 'yy 1-28 U 4-1F_W rz� V..� u Y o ° ° MONEY POND (/� �' U N o It = 0 D rn `� o e (HOUdFfTON) t-3e q I~ n n ARBOR EXISTING STONE AND \ '� o EXISTING ° ° _0 m ti �__ CONL�RETE GUTTER �' \ COTTAGE ` ° ° `� 0 w 51'36'22" E \\ 30 \ \ N `� 0 4' N 3 3:1 o V W 4.8 ' \ \ ` MAX Gj N L \ \ ° MAX ° \�� �••+ c ° e 1-4A J > / ---- - BLOCK 1 \ \ \\ \ \ e 4 o co 0 J 0� LOT 1A �ti� \ \ 0 ° ° 0 e cn co co AREA = 1.10f ACRES �, \ \ \ o e �/ + L) LL' \\ \\ CNI co co ° ° ETA BENCHMARK MAG NAIL co co 8 _ AREA \ \ \ N F GRAVEL WILLIAM L. HANLEY JR. RBOR ELEVATION = 36.59 \ TREE \\ 30' DRIVEWAY 1-5 in \ (SINGLE FAMILY RESIDENCE) `OPROPOSED DRY WELL \ `°� \ \ \ MUNICIPAL WATER AND 2-4 rn in `"r'(4)) \ \ EXISTING ON SITE SEPTIC PLAN SAWCUT DRIVEWAY 36 \ GATE \ \ \ SHED ff LIMITS OF CONSTRUCTION --� \\ \ LOCATION MAP SCALE 1 =400' PROPOSED NEW STONE GUTTER 1 \ N EXISTING BURIED 38-- PROPANE TANK PAVED 3 DRIVEWAY 1' 10,00 No, PROVIDE STRAW BALES BACKED FIF#ftp '` TREE ( ) \ N �9.10 o�0 1 •� to WITH SILT FENCE (TYP) I RECEIVED o -Orr \, d \ 40 `` 5 6� � Ld 3: �\ 3' 31 APR x 40 w 1 LANDSCAPE \ x?. o PROPOSED PAVED DRIVEWAY /1 I u BED p LINE PIT WITH 10 MIL Y i1 PLASTIC SHEETING. KEY I�4,�I t 6.. a ENDS INTO GRADE RD OF APPEALS z \ TREE 1 \ \ � TOP OF BANK 1 1-2012 BOA1 / AND TOP OF BANK AFTER ' SLOPE STABILIZATION v y �I GARAGE \-I� \ \ \ �i7� SECTIONr`� /AZ SLAB EL.=37.4 99, 1 W < � MAP REFERENCES 20a .. /� CONCRETE WASHOUT PIT M )I, S S1•57 w� ' ('� \ \r'� �r, ///�� 1. SURVEY OF PROPERTY OF HENRY LUCE III FISHERS ISLAND, NEW YORK SCALE: NOT TO SCALE in ( O y �f f '� \ \ r' // / 1"=50 FT. CHANDLER & PALMER, ENGR'S. NORWICH, CONN. REVISIONS & OCT. PROVIDE CONCRETE i�1 C\ M TRUCK WASHOUT / 10. `l�l \ _�O )� NOTES:DIMENSIONS SHOWN ARE FOR TYPICAL RESIDENTIAL 1969 ADDITIONS 12/6/82 AREA (SEE DETAIL) / TREE E \� \ \`�srLAwN\ \\-\ \ a // / CONSTRUCTION, LARGER PROJECTS OR PROJECTS REQUIRING 2.) COASTAL EROSION HAZARD AREA MAP, TOWN OF SOUTHOLD, SUFFOLK COUNTY, BOTTOM OF BANK AFTER , Np, �r PUMPS MUST BE SIZED ACCORDINGLY (7 GALLONS/TRUiCK, JJ-- / SLOPE STABILIZATION NEW YORK, SCALE 1"=200' SHEET 42-FI OF 49 PHOTO N0.38-879-83 DATED PROPI7SED DoY'WELL °� T \ ��`�\ \ \ > �/ /1� STONE REVETMENT 50 GALLONS/PUMP, PLUS MIN: 1' FREEBOARD). 08/29/88 PREPARED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL F R DRAINS 44 �� I \ r / CONSERVATION. BLOCK 1 OR / I / 1 UNDER CONSTRUCTION 2. CAPTURE MATERIAL AND LIQUIDS MUST BE REMOVED FROM LOT 1 C ( EE DETAIL) BOTTOM OF BANK PERMIT #1-4738-04184/00001 PIT AND PROPERLY DISPOSED OF WHEN THE PIT REACHES / W AREA = 2.53± ACRES \ 1 1-20,2 coAS�AL cONsu TANTS 75% OF ITS CAPACITY. < N/F STOCKPI \ R SILL=45.83 w I / / �j / IDATED 01/18/2013 3. INSPECT PIT PRIOR TO EACH USE TO ENSURE CONTAINMENT N Of V ! ROBINSON & JEAN BAKER M ��` a D(IST,NG I ( / l o �� \R�6BOTTOM-2012 OF BANK OF WASH WATER. NOTES LL w (SINGLE FAMILY RESIDENCE) 1z� RESIDENCE �� /// / I J O _p-OPOSEDi PAVED �� I / /�/ ,� TOP OF BANK ~ Y UNDER �� 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED z (n af MUNICIPAL WATER AND HOUSE SEE a PARKING �r \ s-2olr ON SITE SEPTIC ( � ,I� � RENOVATION -_ do ,�, � ���r e� � HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO � � U O ARCHITECTURAL \ - _ I BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE W PLANS) SILL=45.89 d` Ap r/ I J FLOOR ELEV. / ENGAGEMENT. D_ F- O CV LLL 38.0 dt 47. `! , 1 �� `� / 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS Ld L` cNp Z �j O / 1 ) O p N '� / ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN m REMOVEEQUIPMENT L -I I 44 °�r ,I I S6� /4' �✓ / / ITEM IN ANY WAY. O Of w w I z BUILDING AND PATIO - IV STONE �� ��� ��� ��� / J a " g 111' �Y- \\\� 1 /' /% /� SILT FENCE 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Q >w � r w Ln COASTAL EROSION DEC PATIO j� 6/ / SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE W U I 0 . u �> uv p --�,; -- _. ;' 2 LAWN �j / / / LAND SURVEYOR. tl u) HAZARD LINE 16" y= - r "�-Iru�,_ / �� / / WOVEN WIRE FENCE (MIN. 14 W GARDEN PI\ I� �!` r!i--- --` -, , =��� `\ L '1; _ \ // �/ / / 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC H = _ (SEE MAP REFERENCE No.2) II , �/ / DECK GAUGESPACING)/ MAX. 6" MESH w w I , / SURVEY TRIANGULATION STATION "EAST END 2" � Q �_ O EXISTING N. \/ ELEV.=±45.2 / 10, POOL / MAX 36 MIN. LENGTH FENCE _ � i ,W � �/ / / / CENTER POSTS DRIVEN MIN. 16" 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, Q �- O PROPOSED '���jrl, / / / / TO CENTER SECTION 001, BLOCK 2, LOTS 6.4 & 6.5. PINE I\ l STEPS �// // /' / / / / II INTO GROUND F- s" TOP OF BANK ��'- 6.) SITE IS LOCATED IN R-120 ZONE. 0 ." TOP OF BANK �' �6 11-2012 � PROPOSED PINE 6-2012 _ 7.) BASE FOR LEVELS: NGVD 1929. PATIO 8.) PORTIONS OF THIS SITE LIE WITHIN FLOOD ZONES VE AS SHOWN ON FIRM, / APPROXIMATE LOCATION OF FLOOD INSURANCE RATE MAP SUFFOLK COUNTY, NEW YORK COMMUNITY: TOWN OF SLOPE STABILIZATION I HEIGHT OF SOUTHOLD NUMBER: 360813 PANEL 41 OF 1026 MAP SUFFIX: H MAP NUMBER UNDER CONSTRUCTION \\ \ \ / 36103CO041 H MAP REVISED SEPTEMBER 25, 2009. ( l�__� // �� /j _ \ \ FILTER = 16" MIN. �_ � / E �Ni �i PERMIT. #1-4738-04184/ l� - oNi� 9.) APPLICANT: RALPH CARBONE JR. APPROXIMATE- BOTTOM \ \/\\ \\ \ >_/ \ \/\/ 635 TUDOR DRIVE BOTTOM OF BANK AFTER \�\ // / / TOP OF BANK AFTER EMBED FILTER\ \ SLOPE STABILIZATION \� _-_/ / �O f _ // O� \ CLOTH A MIN. OF CHESHIRE, CT m -� SLOPE STABILIZATION �� 6" IN GROUND 10.) SITE IS SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL LIMITS OF `Qp PROVIDE A CONTINUOUS LINE _ APPROXIMATE �� * F�� SYSTEM. FLOOD ZONE VE ts� // �' \\ $ OF SILT FENCE AND MAI PROVIDE OF BANK AFTER �y��•,y'� o / \ / THROUGHOUT CONSTRUCTION ,, SLOPE STABILIZATION y�~� PROVIDE A CONTINUOUS LINE 11. HOUSE ROOF DRAINS ARE CURRENTLY CONNECTED TO UNDERGROUND z a SEE DETAIL) / 5 PERSPECTIVE VIEW RETENTION SYSTEM(S). � BOTTOM OF BANK OF SILT FENCE AND MAINTAIN p 0 6-2012 6/ / THROUGHOUT CONSTRUCTION _ w BOTTOM OF BANK (TYP. SEE DETAIL) 12.) TOTAL AREA OF 1A & 1C = 3.63± ACRES (2.21± ACRES BUILDABLE) SHORELINE 1968 o 11-2012 / /�/ SHORELINE BY DEED PERCENT OF LOT COVERAGE-EXISTING- 8.7%- PROPOSED- 9.9% (n / \` / �-ROCKY BEACH // �p0 + y1 % * WOVEN WIRE FENCE (MIN. 14 �I / •� ry9 ,.y0 '�• 1/2 GAUGE W/ MAX. 6" MESH 13.) SLOPE STABILIZATION PERMITS: ON M E REVETMENT ��j�/ ,y^jSPACING) WITH FILTER CLOTH NYSDEC #1-4738-04184/00001 Ld / UNDER CONSTRUCTION / 5� h� f I SOUTHOLD TRUSTEES APPROVED 02-20-2013 36" MIN. FENCE POST o P I UNDISTURBED cV 14.) SITE DISTURBANCE FOR POOL HOUSE CONSTRUCTION- 6300± SQ. FT. ao o O FLOW-► GROUND \\ Z 15.) SOIL TYPE FROM SOIL SURVEY OF SUFFOLK COUNTY NEW YORK- USDA SOIL \ CONSERVATION SERVICE- RpE- RIVERHEAD AND PLYMOUTH VERY BOULDERY SOILS SHORELINE 1982 COMPACTED Sol L \�\ 15-35% SLOPES z \\ EMBED FILTER CLOTH \\��\\�\��\\/ f.0o Lei N A MIN. OF 6" IN GROUND EI ND L 00 DRAINAGE CALCULATIONS (POOL HOUS4„ E ~Q J 0 iy 995' PROPERTY LINE c 0 6�•0 ROOF AREA = 1000 SIF a_ ti?p; w t REQUIRED = 1000 SF X 1.0 X 2/12 = 167 CF SECTION VIEW 167 CF / 2827 CF/VF = 59 VF ABUTTERS LINE v . . a PROPOSED USE ONE(1) - 6'0 X 6' DEEP DRY WELL. EDGE OF PAVEMENT 00 N w 00 N 6�. S ROOF LEADER CONSTRUCTION SPECIFICATIONS EXISTING CONTOUR 00 36 cn 00 IL 1 RESIDENCE o m = 0 0 STONE WALL m N o N " RETAINING WALL '� � o 0 0 � 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE I- z w L oV RFLOW TIES OR STAPLES, POSTS SHALL BE STEEL EITHER "T" OR "U" TYPE OR FENCE v v v � y CD z Y HARDWOOD. < o 0 Li �+ 4" PVC CUT TREE LINE Of o w O = o v TO LENGTH MIN. 6" SOIL COVER a- m o 0 0 U L� O OVER DRYWELL BLOCKS AND CATCH 2. FILTER CLOTH TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES PROPOSED CONTOUR 44 BASIN GRATE TO GRADE SPACED EVERY 24" AT TOP AND MID SECTION, FENCE SHALL BE WOVEN WIRE, DATE: MARCH 28, 2014 FILTER FABRIC f (NEENAH R-2525-F) OR EQUAL 6" MAXIMUM MESH OPENING. SILT FENCE YYY 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE UTILITY POLE + SCALE: 1 " = 30' 9V BEN 0 0 0 0 0 OVER-LAPPED BY SIX INCHES AND FOLDED, FILTER CLOTH SHALL BIE EITHER BOUNDARY POINT O 0 0 00 0 0 FILTER X, MIRAFI 100X, STABILNKA T140N, OR APPROVED EQUIVALENT. WATER VALVE D4 PROJECT #2012828 4* SDR PVC QUALITY CONTROL CERTIFICATION SLOPE ASSREQUIRED m 0 0 0 0 ;" 4. PREFABRICATED UNITS SHALL BE GEOFAB, ENVIROFENCE, OR APPROVED m 0 0 0 o EQUIVALENT. GROUPIEWED D. E 1" STONE OR p O O OO 0 PROJECT MANAGER SCREENED GRAVEL I 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN ' SURVEY , s' 1' "BULGES" DEVELOP IN THE SILT FENCE. 3015' 0 30' SHEET ENVIRONMENTAL STORMWATER DRYWELL DETAIL 10' GRAPHIC SCALE IN FEET 1 OF 1 CIVIL NOT TO SCALE STRUCTURAL ARCHITECTURAL ,11 O BURIED PROPANE,TtiK4 +` / ul'�, u' EDGE OF PAVED (0 °� RECEIVED O B' TREE DRIVEWAY _ o LAWN .%� �x \\\ �PR a 3 zona � N 2223.04 �/ z(A) \ ` E 291101E 6 TREE 0 60ARD OF APPEALS OIL FILL J ,_r/ & VENT PIPES - •�1\ �� ALL OIL TANKS O \\�� o� 12 S 81°51 1 2 O ANDAPIPES SANDONTO BE REN ED CHERRY \ . 12 OILFILL 1ANBECDAPE O % & VENT PIPE - IRON v, TOP & BOTTOM � 6' EE;CH 1954PIN SHRUB o co MONUMEN 10" TREE � Z N { 8" CHERRY _ - BURI FOUNTAIN LA �o( ) f. LAWN % 10TREE rn \ i F i • i STONE O�J� / SPATIOTEPS 6 COQ OF s \ i 8' CHERRY Ln J BAKER Orr-i O "� ^' // SHRUB 1!+ 0 PINE Ln CD GARDEN CD O 15 i''_ TOP OF •O � PINEr � WALL=16.2± O\ PROPOSE - - °�� 8' PINE 8' PINE "POOL HO � R 9.4 WOOD STAIRS �\ - 8 PIN •�/ \� - � W/ RAILINGS• LAWN GARDENPCf �x O ION Qso PINE 1� SNE__ � .2j C , POOL MONUMENTPxNE e+- ---- -----—= CONCRETE . WALL=15.9 Carbone Residence (FOUND M�'J 6- U NT x 9.7 Castle Road, !" fishers Island,NY 10 CO o PINE — v i�nib l Site Plan fit,• ___- ` SCALE.i• et DATE: 3/26/14 9.7 PINE CONCRETE ' � Catalano Architects Inc. TOP OF SEA WALL WALL-15.3± 115 Broad Street Bostw,Mwsachuwtts02110 47 [ I / BOULDERS / telephone 617-338-7447 - � facsimile 617-338-6639 1 H /i ' SHORE LINE �+ tI �� ORIGINAL DEED ..� - BLOCK 1 SHORE LINE 0.1 T , ., 1982 zu RECEIVED ; - \ \ APR 0 3 2014 imah dow BOARD OF APPEALS CLOSET i LIVING ROOM a �T BATHROOM _.._ CLOSET a SOUTHELEV rear OPEN BALCONY —� Second Floor ����'` m - - --------- = y� RATH GREAT ROOM) H ///�\�Eas�t Elevation facing house WET BAR `/ ®CalaWrw Arthileete Iris. 1a-0'xT-T MECHANICAL ROOM i__—.__._.�._._._. " STORAGE @e 'GE Carbone Residence Castle Road, ■ fishers Island.NY Pool House �. COVERED PATIO SCALE:1/4' = V-0' DATE: 3/26/14 Catalano Architects Inc. 115 Broad Sheet 2 10 First Floor Plan B°ieiepn yes ii3e7447 facsimile 617-338-6639 North Elevation facin Street 4 �� I i .e* 11 ; I-! i \ I , \ \ \ 1 , 1, i �I BURIED PROPANE TAN jtjj , \ I'll`� „ 3 % 3 1.�..." \ i11 ,...,. i i i I - 1} M i i% O 044 11-111-1111,......I.,...11-1, % I I I �'' ` 1 9 �"'• -.. i , ,. t I I , i y , i y f 0 y ,, , I / �� y 1 PA \ \ , VE D (p ( � �'' I EDGE O F 11 i .-� ' ,y, _,, _..... ;j �✓ I 11 ',,. 8 TREE !r . Z 11 1 . 3 y DRIVEWAY'; s` -_>___ ;/ % 11 `y _ , LAWN kip ;, �. H ,, \. -.4 - A I' / ,.. ' i i _',"" (i) ,- i I11 , .... I 1 1 �.,, tyi h�ri 1 -.,-.--- k ; 1 -11 W V I-1 I ; , I \ I ,\111,, ,. 1. `I Iv1 , . 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