Loading...
HomeMy WebLinkAbout6762 e cvb rssll-.�� 11 a,-,, DC 7 s --. &u 41,� /C f9 beOl(0 r of �eyq g hive -t�l'1�5 `tom{ l v Yh.J 6� A(f"I SSf r dwetlirL ; frtof j o-vk P4 --�Jca (tq cl */ayl'q _ f - ` oto _ BOARD MEMBERSOF SOSouthold Town Hall SUIy Leslie Kanes Weisman,Chairperson � Ol0 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 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQ(fMy,N Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS s TOWN OF SOUTHOLD U rhold Tel.(631) 765-1809-Fax (631)765-9064 /Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 24,2014 ZBA FILE: 6762 NAME OF APPLICANT: Nicolas DeCroisset SCTM# 1000-117-10-19 PROPERTY LOCATION: 20 Third Street(adj. to Great Peconic Bay),New Suffolk,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 1I 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 June 19, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 1, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP because the small 0.225 acre lot does not allow relocation of structures with an adequate on site sanitary system outside of the VE floor zone. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone district and is non-conforming with 11,105 sq. ft. of buildable area. It is improved with a one story framed dwelling and an accessory shed and outdoor shower. It has 122.00 feet of frontage on Third Street, 90.00 feet on the north property line, 127.00 feet on the east property line and 89.47 feet on the Great Peconic Bay as shown on the survey dated January 2, 2008, last updated June 26,2014 prepared by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 13, 2014, amended/renewed April 22, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required bulkhead setback of 75 feet RELIEF REQUESTED: The applicant requests variances to construct a new dwelling having; 1) a 9.3 foot front yard setback where the code requires a minimum of 35 feet and, 2) a 13.1 foot bulkhead setback where the code requires a minimum of 75 feet. Page 2 of 3—July 24,2014 ZBA#6762—DeCroisset SCTM#1000-117-10-19 ADDITIONAL INFORMATION: The applicant proposes to demolish the existing nonconforming dwelling which was damaged by Super Storm Sandy and construct a larger new dwelling in its place, meeting FEMA requirements. The existing dwelling's first floor elevation is almost at grade. In order to meet FEMA requirements, the proposed new dwelling's first floor will be elevated from grade onto a piling foundation. The total height from grade to the proposed roof ridge will be conforming at 30 +/- feet. This property was the subject of a prior ZBA decision in 2010, under file#6354, in which the applicant was granted the non-conforming accessory shed location. At the public hearing the adjacent neighbor spoke in favor of the proposed new dwelling. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July, 10, 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 &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 proposed new elevated dwelling will be approximately 300 square feet larger than the existing dwelling and have decking of approximately 400 square feet, all of which is in character of this neighborhood. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The subject parcel, like others in this neighborhood, is small and does not permit other feasible options for the proposed new dwelling's location given the location of the driveway/parking, frame shed, proposed new septic system and storm water drywell system. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a front yard setback is mathematically substantial, representing 73% relief from the code. However, the proposed new dwelling will maintain the existing dwelling's front yard setback. The variance granted herein for a bulkhead setback is mathematically substantial, representing 83% relief from the code. However, the proposed bulkhead setback to the proposed deck will be greater than the existing bulkhead setback to the existing deck(to be demolished). 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The proposed first floor elevation will be raised to 14 feet N.A.V.D.to mitigate storm surge and flooding impacts. 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 demolishing an existing dwelling and constructing a new FEMA compliant dwelling in its place, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Horning, and duly carried, to GRANT, the variances as applied for, and shown on the Survey/Site Plan prepared by Nathan Taft Corwin 111, L.S., dated January 2, 2008, last revised June 26, 2104 (add drywells), and the architectural drawings prepared by Page 3 of 3—July 24,2014 ZBA#6762—DeCroisset SCTM#1000-117-10-19 Toshiko Mori Architect PLLC, dated March 7, 2014 and Jan. 31, 2014, floor plan, cross section, elevations and 2 color renditions showing the proposed dwelling. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays andlor 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing r) //2014 Z(�P` JACKSON S TREET SURVEY OF PROPERTY SITUATE o rno NEW SUFFOLK R rLSEE - --- TOWN OF SOUTHOLD -nn A SUFFOLK COUNTY, NEW YORK 3� MAP S.C. TAX No. 1000-117-10-19 A> SCALE 1"=30' 8x WED BY B� JANUARY 2, 2008 �1 N/0/F �/ JANUARY 20, 2008 VERIFIED HIGH WATER MARK ZC) g THOMAS P. MARTIN CISION # Y! MAY 9, 2009 STAKE PROPERTY LINES a rn DWELLING /� NOVEMBER 19, 2009 UPDATE SURVEY ^' W ll� USES PUBLIC WATER "� ay 1 a'L JANUARY6, 2013 ADDED 1st FLOOR EL. R FLOOD ZONE I 90.00' PouKO FEBRUARY 3, 2014 UPDATE SURVEY Q! N 87'21 OO" IT 4w coKc YON MARCH 24, 2014 ADD PROPOSED HOUSE ED REW JUNE 2, 2014 REVISE SEPTIC SYSTEM 19 1 "ij "- s PIPE is.o \` X� N JUNE 26,AREA 2014 ADD 11,105 Dsgq.. ft S AZ x f- \X Z O (TO BULKHEAD) 0.255 cc. CERTIFIED T0 B„I- 1 U1 .• � �.;;X O NICOLAS DE CROISSET y m'npo• rWAME TEST HOLE DATA �Iurr O IN / ti ` O FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK -`1 (TEST HOLE DUG BY McDONALD GEOSCIENCE ON MARCH 1, 2014) NOTES: XA•r L" O a EL. 5.4' 0' i�SLT S: O X33 Xz.4 --/ TE51 I b a DARK BROWN LOAM OL C - _ �iP �y} F" 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM m s2 r%AM, STE RAME xmNc °) c ArA, 1 EXISTING ELEVATIONS ARE SHOWN THUS:S,o C ' VALVE 8'DIA.2 DEEP y U) o °ko 93 X2 .b 4.8 LEACKBJC POOLS No sy BROWN CLAYEY SAND SG EXISTING CONTOUR LINES ARE SHOWN THUS:- - - -s- - - - f � � o EL. 0.8' 4.6' 2. THIS PROPERTY IS IN FLOOD ZONE VE (EL 8) AS SHOWN ON �z � m s y, ; sIAWSOz �� �� FLOOD INSURANCE RATE MAP No. 3610300501 H y A ❑Jin I ,,i s t:, WATER IN BROWN CLAYEY SAND SC ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); a nff � j` x a n a o BASE FLOOD ELEVATIONS DETERMINED N#0 1 � � azo 7, 3. MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1,250 GALLONS. M ry a-o_ Exsr bio; %3'DEEP N ' s 1 TANK; 10' DIA., 3' DEEP sEP1x TAKK x C b 4. MINIMUM LEACHING SYSTEM FOR 3 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. Ana�j z PROPOSED 5 POOLS;2 ' DEEP, 8' dia. LL DECK t7jPRa k a X EXI5TIN5 SEPTIC SYSTEM WATER IN BROWN FINE SAND SP OPOSED FUTURE SOt EXPANSION POOL TO 13E REMOVED N FL 5EE NOTE No. 6 SIX" 3.1 .O �Z PaLE IAV. - - ,rs+�' - _ XPROPOSED 8' DIA. X 2' DEEP LEACHING POOL _ 13' �O x� X_ X PROPOSED 1,250 GALLON SEPTIC TANK OM "AP �I I� - a000 em"EAD �3 0 n Ta 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD STEPS _ DRAINAGE SYSTEM CALCULATIONS- OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. N N ROOF AREA: 1,220 sq. ft. 6. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND 1V v 1,220 sq. ft. X 0.17 = 207.4 cu. ft. REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. O O 207.4 cu. ft. / 42.2 = 4.9 vertical ft. of 8' dia. leaching pool required APPAnEKt 1Ica1 WATER WM AS OF 01/20/08 O Xyp PROVIDE (3) 8' dia. X 2' high STORM DRAIN POOLS (6 vertical ft.) nE LIKE PREPARED IN ACCORDANCE WITH THE MINIMUM + ++ STANDARDS FOR TITLE SURVEYS AS ESTABLISHED N 8928 30 W 89.47' TYPICAL STORMWATER UNIT BY THE L.I.A.L.S. AND APPROVED AND ADOPTED BAY (TOPS TO BE TRAFFIC BEARING) / FOR SUCH USE BY THE NEW YORK STATE LAND GREAT PECONIC (NOT TO SCALE) /r � o TITLE ASSOCIATION. CAST IRON INLET FRAME & COVER (FLOCKHART /63518 TYPE 6840) FINISHED GRADE EL. 6.0' %OR 6'THICK REINFORCED CONC. COVER ;,•' OF 1._ . .V O S 8*TRAFFIC BEARING SLAB $ EL. 5.5 (ma.J ' PIPE FROM ROOF GUTTERS D OF APPEA +,•`'',.�" *, ,.,:'CC, ` 8'-0• GING BOAR .. 3'-0' 3'-0' ZO ' 4 Z LEACHING RINGS( _min.) o REINFORCED PRECAST CON04 (T1O') CRUSHED 3/4' - 1-1/2' STONE PROPOSED SEPTIC SYSTEM DETAIL 4000 PSI O 28 DAYS ALL AROUND I 2.8' HOUSE (NOT TO SCALE) o 1'`� p' �• ELEV. 14.0 FINISHED GRADE FINISH GRADE EL. 0.8� E -� '"_ `77 ELEV. 7.7' ELEV.6.6' GROUND WATER '"' f .Y.S. Lic. No. 50467 ON PILES24',Re.LOCKING,WATERTIGHT!INSECT PROOF CAST IRON COVER TO GRADE UNAUTHORIZED TOP EL 6.7' 1' MIN. TOP EL. 5.6' ft' MIN. TO THIS SURVEY IS ATV VIOLATION OION OR DITION MIN. 4• DIA. r6� SECTION 7209 OF THE NEW YORK STATE APPROVED PIPEW APPROVED IP LEPOOOOL LEACHING T SAND E� EDUCATION LAW. Nathan Taft Corwin III INV. EL. min. PITCH 1/4"/1' min. PITCH 1/8"/1' POOL 1 " COLLAR6.3' CLASS 2400 PIPE TYP INV. EL. 4.8' COPIES OF THIS SURVEY MAP NOT BEARING INV EL. Land Surveyor OD 5.0' THE LAND SURVEYOR'S INKED SEAL OR BOT. EL. 3.0' }f-8'� 8' �I' �8'� � =n EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN DISTRIBUTION POOL OF BOT. El. 2.8' GROUND WATER - 5 POOL SYSTEM ELEV. 0 B' ONLY TO THE PERSON FOR WHOM THE SURVEY S PREPARED, AND ON HIS BEHALF TO THE SEPTIC TANK (1) TITLELENDING COMPANY, GOVERN ENTAL AGNCAY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LEACHING POOLS (5) TO THE ASSIGNEES OF THE LENDING INSTI- L. MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1.250 GALLONS. TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 FOX (631)727-1727 1 TANK; 10' DIA., 3' DEEP 1. MINIMUM LEACHING SYSTEM FOR A 1 TO 3 BEDROOM HOUSE IS 250 sq ft SIDEWALL AREA. 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 5 POOLS; 2' DEEP, B' dia. 3. WALL THICKNESS SHALL BE A MINIMUM OF 3', A TOP THICKNESS OF 8' AND A BOTTOM THICKNESS OF 4'. 2. LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) OFFICES LOCATED AT MAILING ADDRESS ALL WALLS. BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 psf. LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS. 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. 3. ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL). THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 31/47 4. A 10' min. DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ON A MINIMUM 3' THICK BED OF COMPACTED SAND OR PEA GRAVEL. 5. AN 8' min. DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED. ANY, NOT SHOWN ARE NOT GUARANTEED. 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. • RECEIVED JUIN 0 3 2014 LONGITUDINAL SECTION BOARD OF APPEALS 28'-T' 29_7' JBA-I 7 td' 9'0' 2T 3"SHOWER0 13 NICOLUMN/BRACING - �' OOM2 - __ STORAGE AND BEDROOM 1 BEDROOM 2 MECHANICAL LINE OF STRUCTURE _ __� ABOVE N _. _ y -_.-SKYLIGHT ABOVE ❑ ❑ ❑ CLOSET REF W/D CLOSET N'' CLOSET DW - BATHROOM 1 I KITCHEN ENTRY I (7l N N Er � I I I I I LADDER TO T MEZZANINE BLADDER / FIREPLACE--- ❑ ❑ ❑ OPEN TO BELOW ci / I � I GREAT ROOM PILE FOUNDATIONS d ❑ ❑ I II I I I a DECK -LINE OF DECK ABOVE °p D AR KO A�Oy�Ttr 28-5° a'-1a' ti� L FINAL MAP s F EVIEWED BY ZBA Ground Floor First Floor SEE DECISION # .� , Mezzanine q� o�a2sg yo`" DATED 1, of FOFN�� -- - - de CROISSET SCHEMATIC PLANS SCALE: 1/8" = V-0" TOSHIKO MORI ARCHITECT PLLC MARCH 07,2014 . F RECEIVED 6-1�a .JUN 0 3 1014 BOARD OF APPEALS NOTE: ALL ELEVATION MARKERS ARE MEASURED IN REFERENCE TO SEA LEVEL IT- zD-ia ss s a is-� ----- _ - - 361-81 TOP OF ROOF OPERABLE WINDOW MECHANICAL MECHANICAL LADDER TO .. MEZZANINE EL: +22'-6" A.F.F. BATHROOM 1 - IOTCHEN r tj BEDROOM 1 CLOSET - -J BATHFbOM 1 GREAT ROOM m I • • p -� -FIREPLACE { EL +14'6.. i A.F.F. AIR - D § EL: 10'-0" MECH mI MIN.UNDERSIDE STRUCTURE CHASE -- .-Ire- ----- ------ ---'�---- -----------may - -------------------------- - -------- -- — — — — --- yl -- ----------- ---- --- EL 6.-0" —` — — --- T T —+ FEMA FLOOD LINE { EL: +5'-6" GRADE PILE FOUNDATIONS PILE ON S i i 11 II II II II II II 11 _------------------------------------------------------------------------------------------------------------------------------------------- EL: 0'-0' SEA LEVEL'--- LONGITUDINAL SECTION CROSS SECTION D ARCh'i FINAL IV! s., a��oS�%KO REVf EV` t' ZBA SEE DEC f Via` DATED i I s�qT 014259 F OF NES de CROISSET SCHEMATIC PLANS SCALE: 1/8" = 1'-0" TOSHIKO MORI ARCHITECT PLLC MARCH 07,2014 RECEIVED FINAL MAP JUN u 3 2014 EL: +36'-8" EL: +36'-8" TOP OF ROOF — WE'D BY ZB BOARD OF APPEALSTOPOFROOF ION # - --- / � - --CHIMNEY -- -- — - -- EL: +22'-6' + - - -- - EL: +22'-6" m l _ _ A.F.F. h� A.F.F. I ag I rl IF � 1 I I — — � —� � - EL: +A1 F-F' J � � II A.F.F. EL: 10'-0" EL: 10'-0" MIN.UNDERSIDE STRUCTURE MIN.UNDERSIDE STRUCTURE EL: 947 EL: 8'-0" FEMA FLOOD LINE FEMA FLOOD LINE l EL: +5.6 EL: +51-6" 6" GRADE GRADE WEST ELEVATION SOUTH ELEVATION EL: +36'-8" ____ - EL: +36-8" - TOP OF ROOF - TOP OF ROOF I CHIMNEY OPERABLE WINDOW - - RED ARC 'yi A4p -- - - - - - _ l ' y -- - -- EL: +221-6" - - -- - +22' - r-- A.F.F. 4--0- - - - fV - - 1 -• Ir _- N - _.. - - i 014259 y4�5c - - — II a I II � - - __ -_ - _ OF Nti� w I I III 77T EL: +14'-6" ! - -- - - EL: +141_6. - A.F.F. - --- - - — - --- - - A.F.F. ' I EL: 10-0 f EL: 10'-0' MIN.UNDERSIDE STRUCTURE -- MIN.UNDERSIDE STRUCTURE ! I I EL: 8'0EL: 81-0" FEMA FLOOD LINE - - FEMA FLOOD LINE EL: +5'-6" EL: +5'-6' " i ; GRADE - g,g• fx q_p GRADE EAST ELEVATION NOTE: --- - "I'I NORTH ELEVATION ALL ELEVAT10N NREF REFERENCE LVEL MEASURED de CROISSET SCHEMATIC PLANS -- — -- - SCALE: 1/8" = 1'-0" TOSHIKO MORI ARCHITECT PLLC MARCH 07,2014 RECEI ED 7(0 FINAL MAP JUN 0 3 2014 REVIEWED BY ZB& RD OF APPEALS SEE I)CCISIDN # 61(p DATED s w Rf—o AR chi 5N�KO Mo J. e S�•4T 014259 y0� FOFNE� ,r ff s17 _ t °T de CROISSET SCHEMATIC PLANS SCALE: 1/8" = V-0" TOSHIKO MORI ARCHITECT PLLC JAN 31,2014 RECEIVED 169' JUN 0 3 2014 BOARD OF .APPEALS FINAL MAP REVIEWED BY.ZBA SEE DECISION # - DATED M rs ', a «y aF+ III �5 5N1K0 Mp fit\ 01425q FOF NES de CROISSET SCHEMATIC PLANS TOSHIKO MORI ARCHITECT PLLC SCALE: 1/8" = V-0° JAN 31,2014 pF SouryQ /Z/OFFICE LOCATION: �� MAILING ADDRESS: �} Town Hall Annex 'lam l0 P.O. Box 1179 1 ` ,1 54375 State Route 25 l Southold, NY 11971 �(cor.pM *n Rd. &Youngs Ave.) cn �r old, NY 11971 QZ Telephone: 631 765-1938 COUNT`I Fax: 631 765-3136,�� //41�1 LOCAL WATERFRONT REVITALIZATION PROGRAM A\\ TOWN OF SOUTHOLD 6�Gd- MEMORANDUM RE MID JUL 1 2014 To: Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 1, 2014 Re: Coastal Consistency Review for ZBA File Ref NICOLAS DE CROISSET#6762 SCTM#1000-117-10-19 NICOLAS DE CROISSET#6762 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 13, 2014, amended/renewed April 22, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required bulkhead setback of 75 feet, located at: 20 Third Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM# 1000-117-10-19 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 CONSISTENT with the LWRP. Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards includes the following sub-policy. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: C. sites where relocation of an existing structure is not practical. The majority of the subject parcel is located within the FEMA flood zone VE and the remainder is located within the AE flood zone (see Figure 1. below). The recommendation was made considering the following: 1. Due to the size of the lot (0.225 acres) there is no ability to relocate the structure with adequate on- site sanitary systems outside of the VE (velocity hazard) flood zone. 2. The first floor elevation of the dwelling will be raised to 14.0' N. A. V. D. to mitigate storm surge/flooding impacts. A orr v ' • ae ,, Figure 1. Subject parcel. 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. Cc, Stephen Kiel. Assistant Town Attorney JUL 1 2014 ZONING BOARD OF APPEALS 96UNTY OF SUFFOLK RECEIVED f JUN 2 6 2014 VoBOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment June 19, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as 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. Applicant Municipal File Number De Croisset,Nicolas 6762 Johnson, Michael 6764 Gonzalez, Jewell 6765 Domeluca LLC 6766 Stratigos, Helen 6767 Warden, Robert Goodwin 6768 MMMM Beer, LLC 6770 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■(631)853-5191 p /y.OL s C (Q/ FORM NO. 3 t L �QrID� TOWN OF SOUTHOLD �✓S BUILDING DEPARTMENT SOUTHOLD, N.Y. JUN 0 3 7014 - NOTICE OF DISAPPROVAL BOARD OF APPEALS V' DATE: January 13, 2014 AMENDED &RENEWED: April 22, 2014 TO: Boeckman Building Construction Corp. (DeCroisset) PO Box 1453 Mattituck, NY 11952 Please take notice that your application dated December 23, 2014 For permit for demolition of an existing single family dwelling and construction of a new single family ellin at Location of property: 20 Third Street New Suffolk NY County Tax Map No. 1000—Section 117 Block 10 Lot 19 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 11,105 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet is required. Following the proposed construction, the single family dwelling will have a front yard setback of 9.3 feet. In addition, the proposed construction is not permitted pursuant to Article XXII, Section 280-116B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75) feet from the bulkhead." The proposed construction notes a setback of 13.1 feet to the existiulkhead- This Notice o Disa royal was amended on April 22 2014 to a(dress than es made b th licant. ----- ------------------ ----> uthorized S ature Cc: File, ZBA • • RECEIVED CoIGa JUN 0 3 2014 Fee:$ Filed By: Assignment No. BOARKU U- APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. ZQ Street ZV/,QZ;� Hamlet 645W tz&�[ SCTM 1000 Section&7Block_,j0Lot(s) /9 Lot SizeA14— Zone je— I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): All e 044s PX' Mailing Address: 13,� W�f,T' '�'d T Sj_r_!:, i(/5&o' e4fg A/y a d/Z IF Telephone: 9/7 9&FY7Wi Fax: Email:Ale ckel.uz-. 'j,�r¢Jt , C&,y 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: YA AEZ,Q A���,k forJ Owner( )Other: Address: / &Z VZZ� 4wz Vse. &/'694ZW iV Y 129,011 Telephone:t 7—Z/i & Fax: 4 �,Q/Z Off/, Nor Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), jClj Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Do 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:XX11V=11 Section: 2g /24.�?AIL-//6B Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal 06 has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 6364 Year(s). 2001 . (Please be sure to research before completing this question or call our officefor assistance) / Name of Owner: /C+0,eA f' jW CPJ.Crry- ZBA File# RECEIVED SUN ���14 BOARD OF APPEALS REASONS FOR APPEAL (Please be.specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: GRAWr CX VA*V40#VW W1,41- A/OT/W OOU C9 v�PXeA,W0 C-111+LV&,X /'V C3h11/JRAt 7VR OA"I&V.dO"-140. Ah)ZC',-L Zr L D 0V P%r-U/A/ 4A; QWEP A/OAV- CO.Na4elfl.VG COV"tl-W"o 11 rlBvicT AR14p? To ZaM,1416, C0a,,- rNer pe o�drZe,p 046V, ;W I�WVcru4Vs'/--,e o'NrY-4" JY020 0-1 WAW 94*1,4),oV 7-h+&,/X:14kt 9 0fXV, 72AV I'ETB. C 9 7 �c�?h /s gPiPDX, TN JXMF AW rVA /Ji -iVG Sll rr& 7VZ5. 1. t he oe��ci�t s ught by the appncant OT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: ry,E L Or, ZIA-E )WAVY Or.SjfeS IAI�.6 A"W rir, W Z Or A90,0x iVaj 4-el-Qu/ 454 Qom' OP77 AM5 f 9OPO.IZC,D Jp*UCyVeej G/VF/V THS L D 0477 0AI Ot- rM6 PRI Y,C/,U,9 y, AWA t/f A�L»j f',f 010414P J'Lci'/?C f'YJr�ivJ ,div r� J701/41 warp MA/61r .ry. r-,e" 3.The amount of relief requested is not substantial because: 7�& X-R&1V;r YARD J-7".8'.4 CIZ W/1L "NOW P-N,05 JV M,& -4-r MAr A-W)'77/M6 J'TjPU C711,eO 771,tr nnergw c/e xeOry 3vLr 0LzyL�,4P y'"D 77--� P96/10J25P p4-41c44 )I� 1' roV4N 77-1Z',PR4'.l]5VT CaV,�RAP tPoeC14 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 7W5!5',RR,01&MP ✓Ti�'UC�'URL4717W- OUGiY ALA5Y.0)ZO 7-0 C'O/S�iC:-'d 1y Y-0 A;5.flf7 C0A1Pr,QUCy16N,y WIZ4 Errw1r7AV1,Y PR.�' vT• A PCS o,/ZZ- r O PURR 01bV,?P'1id 6 I7-,¢r',4 A116,vwe 5.Has the alleged difficulty been self created? DQ Yes,or { } No Why: v.frfQ.v 8y /.eofcil-I vt, 14- �6 JP1X0C76JA5 //Y /77-7 1V4v- CB/YtAO,C141,/V6 j4d CA.17d/V Are there any Covenants or Restrictions concerning this land? X No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or u ortzed Agent P', (Agent must submit written Authorization from Owner) Sworn to before me this) day of 20 1� . ( Notary Public CONNIE D. BUNCH Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County Commission Expires April 14,20 RECEIVED JUN O 2 1 - APPLICANT'S PROJECT DESCRIPTION BOARD JOF APPEALS APPLICANT: f/C9,�L �LIYAQG t DATE PREPARED: S//(�LZD/,� 1.For Demolition of Existing Building Areas Please describe areas being removed: 22,EY401,/p]'&IV df 5X1W19V6 I/W�GLl/1/L� t a. II.New Construction Areas(New Dwelling or New Additions/Extensions): >bTAL � FL. EXl � Dimensions of first floor extension: 4 Z'Y ,A! 3 Dimensions of new second floor: Dimensions of floor above second level: AIAX Height(from finished ground to top of ridge): ! —2 Y Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: &Q III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: OA&ie-W Y �DUSX W/c�����11 • .g C o�&X aMriGv W/�na� - — - Number of Floors and Changes WITH Alterations: ON,P/4 VGS WVZ 9 > AGOaP&1&r&A IV. Calculations of building areas and lot coverage(from surveyor): 1/4 1!776"Q3 rGraL Ex1jY7A-61 Existing square footage of buildings on your property;&/&/Ay(,: ?"..5'/;DMQ;44-'1'/taleiQ'04Z Proposed increase of building coverage: O Square footage of your lot: L Percentage of coverage of your lot by building area: 0, V.Purpose of New Construction: Q5&M- ;WE f„r f�rlA J�'r7UC7U.� To 9415 &EMQ-t� M r&.4iy Aezyw" '904WMd� /Jy eooravaivc� 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): i� &Wje4,-."Z / T ZZUZ /S CuJ7�� of,l'.q lyy .l pn!x 1 ;rsei /NGLE w-l-rtf 4 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 RECEIVED 1000 QUESTIONNAIRE J U/N 0 3 2014 FOR FILING WITH YOUR ZBA APPLICATION `-e,;—74`'� BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes _V No B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. J'E C IV1�i�1 Td " RAVM-,0 -2&T T 46U,.I�Y o4oly AMID O!/r,4,v Cl OF D/irzl!3vrl,a v ROo4 s, 7"6 61co11w wA!Ar C. 1.)Are there areas that contain sand or wetland grasses? ,YJE2 2.)Are those areas shown on the survey submitted with this application? �(/Q 3.)Is the property bulk headed between the wetlands area and the upland building area? 1/f'S' 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?y�S Please confirm status of your inquiry or application with the Trustees:&_eW Z g p_R/ C4774A/pF,JVDI V6 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? ZEES E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?(Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? &0 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?�� If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Ae�/C 12�ww?L and the proposed use �,FJy�GJy�J,rgL (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date RECEIVED JUN 0 3 220114-- AGRICULTURAL DATA STATEMENT (� ZONING BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: C'_14jeZ 4 &11V,Q e_/G 2. Address of Applicant: , l 3. Name of Land Owner(if other than Applicant): p - 4. Address of Land Owner: /*_f' I&EE+j g_ p,J`r "'r 20,- N,WAW XPAM iV y /O D/z- 5. 5. Description of Proposed Project: PdWjW 17jW D�c j6X//�1.' oN� !'TMYAlUl&M PD.QC rJl//Y,OgT!OA/ CD/✓/�/�l/S� .4N�EL ft✓ ��yaUr wvI'/UHdS w/,"- f Z�.t1�viy�C 6. Location of Property: (road and Tax map number) 2 C TibIXO jr il/L�W J'1/.C�O� /U O d J 17- A9 7. Is the parcel within 500 feet of a farm operation? I ) Yes No 8. Is this parcel actively farmed? I ) Yes VNo 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) Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. a" r � • RECEIVED 4, 617.20 Appendix B JUN U 3 2014 Short Environmental Assessment Form (,�,-76,�)— BOARD OF APPEALS Instructions for Completine Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information, Name of Action or Project:4.5- C 0,1S'S,1177� ,FJ'/p�/�/ Project Location(describe,and attach a location map): zo 77Wew 0%%CL 6,ynrl-106,6l A Go Brief Description of Proposed Action:f 6;--/ uSzL/ 6WJ71-,V6 l feazl:�p0RW.-s 9fwUN/0*;1:4V OW91.70WV 4e&:r✓. 7W,0 PIZIN6S R Mo1/,� ��c%tT:1�I'TJc JYfl 1"� ,D�l', ?f�U IV!'OOt.�' AY-0 R540 CA 1G.ea�L O,e ,0W✓�, WC JV-7,F10-1 aZ 40 7 COW1PUC /�iv��aJrte Name of Applicant or Sponsor: Telephone: 4V OYA!2 AQ�W 0J4 E-Mail: A49- r Address: City/PO: State: Zip Code: I O� 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval:J-007,W40 j.rOMP2W5, NY_rP,,L5 C J'UCfOZA:� CTS!IIS4 Z 7V 4! Pr .4A40 cay-MOZ X 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? Q OZ acre s[J)FAWCJ'y.%zW11W.,V 3 c,Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0,?S,�acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 T RECEIVE* 5. Is the proposed action, JUN 0 3 2014 NO YES N/A a.A permitted use under the zoning regulations? / I& a— b.Consistent with the adopted comprehensive plan? p OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8, a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: =&gj U 0 GU WIGS S L"14Vh e,AA9ve1Avc1A'9 X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Z4 l ZE!9= 4YA� 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands O Early mid-successional Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? XNO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DCYES !tel C.t�l//DUS S Page 2 of 4 18.Does the proposed action include construction or other activities that result in theMiUM101of W1 NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? If Yes,explain purpose and size: nQJA1)U 14 V 0 L U I It X" 19.Has the site of the proposed action or an adjoining property been the loca c r s NO YES ' ' solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X, I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: CSG Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,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 RECEIVED jUN 0 3 W4 No,or Moderate �A small to large (� tC/ impact impact RD OF EALS may may BOARD 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 0 • RECEIVED Juni o�o � APPLICANT/OWNER BOARD of TRANSACTIONAL DISCLOSURE FORM APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME:-,F- CQ-0 %f9ET MLAS (Last name,first name,middle hfitial,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 aG Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /(~ day of�Jly,204- Signature ad., J Print Name /.#)/co L -i l>•E CnoISJ L27 RECEIVE® JUN U 3 2014 AGENT/REPRESENTATIVE BOARD F TRANSACTIONAL DISCLOSURE FORM APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart 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 : /_f/ AC44�ld Cue (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance ) Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in 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_16 day of "Y�12014 Signature Print Name • RECEIVED Town of Southold BN u 3 z014 LWRP CONSISTENCY ASSESSMENT FORM 0YAPPEALS A. INSTRUCTIONS BOARD 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#�/J 7 -_- / 9 The Application has been submitted to(check appropriate response): Town Board F Planning Dept. 0 Building Dept. JPeRS.1 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital E 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: V,6N cWrloAl 0,& ,95iX/1VA16 NO C/1 ,VAI P F0CIA1 4 CQiys W4l,E Lr] p VdieZZAV6 Gv R�e-40V� , 1'�'LA/G !�j°Tl C C�1� /000 AI,6w PjAe" w.4 DZ12 14-VGr' fVrP--*tY Location of action: 6 J�,�./'� � ,/ . /(/:461 PVOJ 544-k --FINED Site acreage: / , /Q,S .S'©, �J; �. Z.S.S�C'. � 'ZKCC �(P N 0 2014 Present land use: �' I'lI� IV➢'�.QL.. Present zoning classification: BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: HI (Ve (b) Mailing address: P/ (c) Telephone number: Area Code( ) 6-1 7-e27- .21193 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No DV/N" If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No g Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No;Z Not Applicable JUN U 3 1014 Attach additional sheets if necessary n q F Policy 3. Enhance visual quality and protect scenic resources throughout the 8Q499f`�tu"thpoldASee LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ® No Q Not Applicable 272?,56 OS (,V1LL L /V Y L AI 111Ok'ff vv L A ach 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 E No 11 Not Ap licable Gf r2aW ,E ZO a .SL L/ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes E No E Not Ap licable nvo - - -1.Z - ZZ-7-CT LvZ4Z AW&4 CZ AN 6x/1y-Z06 OA!MND o [ -r / / UAB/ZY A5 Oyr qi Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No� Not Applicable RECEIVE® Attach additional sheets if necessary BOARD OF APPEALS 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 Y No❑ Not Applicable y6 GUS_ — 1J 1, AA11JJ w,144 14V�5 A Rj,y1MA-L 4e)FA Cr DLJ c Me �CJL� l �UGULC!/ t, G(J!L L !?�M�lrl7 , 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. 0 Yes No 0 Not Applicable s s �,Edl�1�Jl> 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. 0 Yej_k No 0 Not Applicable /AC S'S AG e w s � b VMeSE 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. ❑ Yes ❑ No Y Not Applicable RECEIVED -111N A T4 BOARD OF APPEALS 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 V Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable 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. X Yes ❑ No ❑ Not Applicable Al?D!'��AW4(--ZAG WALL 9,6- GULL !•/J✓'UL.4, � G F11L�1c-�y!.-mss'�171.�j,�Pt�P� Created on 5125105 11:20 AM • FORM NO. 4 • RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUN U 3 2014 Town Clerk's Office �Ok Southold, N. Y. BOARD OF-7APPEALS Certificate Of Occupancy NoZ7191 . . . . . . . Date . . . . . . . . . . . .Aug 24 19 76 THIS CERTIFIES that the building located at . . . E/S, Third St C bay Street Map No. . .Xxx . . . . . . Block No. . Xxx. . . . .Lot No. ,xxx New Suffolk conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .JulY. . .1.5.7 19 75. pursuant to which Building Permit No. . �Q7.7�. dated . . . . . . . . . . . JglY. . . 5. ., 19.7 5., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .N-C. Business building (Fishing Station) The certificate is issued to . .Newt ri .li0b iiis. , , , , P�mp37 of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval N.R. UNDERWRITERS CERTIFICATE No. N.R. HOUSE NUMBER . .20. . . . . . . Street . . Third. St . . , . . .New Suffolk Building Inspector a, C + 1fFtlt,f Town of Soul old Annex 1/20/2012 54375 Main Road � Southold, New York 11971 RECEIVED JUN 0 7.014 '�2{7+.IXLPX� BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 35400 Date: 1/20/2012 THIS CERTIFIES that the building ELECTRICAL Location of Property: 20 Third St, New Suffolk, SCTM#: 473889 Sec/Block/Lot: 117.-10-19 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 1/1/1900 pursuant to which Building Permit No. 36933 dated 1/20/2012 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: underground electric service. The certificate is issued to De Croisset,Nicholas (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36933 1/20/12 PLUMBERS CERTIFICATION DATED i Authorized Signature Office Location: QF so(/jyo� Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 4 Southold,NY 11971-0959 RECEIVED I�CoU �-�P- http://southoldtown.northfork.net RECEIVED JUN 0 3 2014 BOARD OF APPEALS ae �l a TOWN OF SOUTHOLD BOARD OF APPEALS TOWN 1 6 241J Tel. (631)765-1809 Fax(631)765-9064 Southold Town Cled FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2010 ZBA FILE 6354 NAME OF APPLICANT:Nicolas DeCroisett PROPERTY LOCATION: 20 Third St.New Suffolk,NY(adjacent to Great Peconic bay) CTM#1000-117-10-19 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 December 15, 2009 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: This application has been reviewed under 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 us, it is our recommendation that the proposed action is EXEMPT from LWRP coastal consistency review requirements pursuant to Section 268-3. PROPERTY FACTS/DESCRIPTION: This 11,105 square foot non-conforming parcel is improved with a one story cottage style home fronting 89.47 feet on Peconic Bay, with 122 feet along Third Street, 90 feet along the northern property line and 127 feet on the easterly property line. BASIS OF APPLICATION: Request for variance from Code Section 280-15,based on an application for building permit and the Building Inspector's September 23,2009 Notice of Disapproval concerning as-built accessory shed, 1)at less than the code required 35 foot front yard setback,2) location of accessory shed in the side yard rather than a rear or front yard,(adjacent to Great Peconic Bay)at 20 Third Street New Suffolk,NY.CTM#: 117-10-19. RELIEF REQUESTED: The applicant requests relief from the following: Section 280-15, on waterfront lots accessory buildings may be located in the front yard, provided that such buildings meet the front yard principal setback. The present plan shows the existing shed at 30', code requires 35'. The present location of the shed is in the side yard,where a rear or front yard is required per code. ADDITIONAL INFORMATION: The applicant submitted a plan to the Building Department on location of proposed shed, which was submitted with this application.The survey by Nathan Taft Corwin, III Land Surveyor, dated November 19,2009 update survey, indicates an"as-built"shed in its present non-conforming location. --- - -- - - • • t kE-CEIVED Page 2—April 8,2010 ZBA File#6354-DeCroissett CTM: 1000-117-10.19,at 20 Third St.,New Suffolk,NV(Adj.to Great Peconic Bay) JUN U 3 �(]j tl Cp 7 0,;', FINDINGS OF FACT/REASONS FOR BOARD ACTION: BOARD OF APPEALS The Zoning Board of Appeals held a public hearings on this application on March 25,2010,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law 5267-b(3)(b)(1) Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The"as built"shed is located in the rear of the existing off street parking area for the home. Present survey indicates a setback of 31.9' from the front property line. The parcel is located in an older non-conforming community, where lot sizes are from one quarter of an acre to three quarters of an acre in square footage. Most of this entire area of New Suffolk, was built out, prior to the establishment of the Zoning Code in the Town of Southold, The placement of this"as built"shed,although placed in the side yard area, will not cause a detriment to adjacent properties. The surrounding parcels, share the similar non-conformities, as the improvements on the subject property. Town Law 5267-b(3)(b)(2) The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue,other than an area variance. The applicant could move this shed to the rear yard area,however, this location allows for easy access to the shed,adjacent to the parking area. Also,the applicant chose this location to allow his adjoining neighbors clear view of the bay. The shed is in line with the easterly side of the home,which places the shed in the technical side yard. Town Law 5267-b(3)(b)(3) The variance granted herein is not substantial, the variance requested is a 9% relief from the code required 35 foot front yard setback. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The terrain is flat and there are no drainage problems on site. The shed is landward of the existing dwelling and has no impact on the Bay Town Law 5267-b(3)(b)(5) The alleged difficulty has been self created, by building the shed in its present location. Town Law 6267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of easy access to his shed, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variance as applied for, and shown on the survey, dated January 2, 2008, updated November 19,2009 by Nathan Taft Corwin, III,Land Surveyor. Subject to he following conditions: 1. The shed shall contain the only utility of electricity. 2. The shed shall only be utilized for storage purposes. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. RECEIVE® K Page 3—April 8,2010 ZBA File#6354-DeCroissett JUN U 3 2014 CTM: 1000-117-10-19,at 20 Third St.,New Suffolk,NY(adj.to Great PeconicBay) Any deviation from the survey,site plan and/or architectural drawings cited in this decision will 1 .RDIQF k PEALS 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. 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 Dinizio,Goehringer,Schneider,Weisman(Chairperson). (Absent was: Member Homing This Resolution as duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filingf�/2010 / RE EIVED c4- A?n 1 6 �` '.:.H T�^"`F`♦k Fri" r. '. 'f l ". o:. 4.77 y � Google earth feet 400 Lmeters 100 o�c,Po�ss�r R.�`�'/� '�C'E RECEIVED r.t (,o7&,;?-- JUN U 3 ?014 BOARD OF APPEALS � RECEIVED 6 OL JUN 0 3 2014 BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1, 1y%c-pk,,A s %,3,e G/L#11 S ST residing at 1 I r W,-, (Print property owner's name) (Mailing Address) ,1y -/ do hereby authorize h k c �.�n4►— 1ehAc.k (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) N G c,wa s j3 E C 201jJ& (Print Owner's Name) RECEIVE( 7 d, ` SOUTHOLD BOARD OF APPEALS JUN U 3 2014 PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONBARD OF APPEALS REQUEST FOR VARIANCE FOR FRONT YARD AND BULKHEAD SETBACKS FOR NICOLAS DECROISSET (1000-117-10-19) a. 1. ZBA File: 6614 Approval to construct roof extension and in-ground pool less than the required 75 feet from the bulkhead (31.2 feet) 2. ZBA File: 5163 Approval for the demolition and reconstruction of two story residence in a non-conforming location less than 75 feet from the bulkhead 3. ZBA File: 6670 Approval for additions and alterations to an existing single family dwelling less than 75 feet from the bulkhead (20.2 feet) 4. ZBA File: 5966 Approval of second story additions to the existing dwelling and convert garage less than the 35 feet required setback from the front property line. (30.4 feet) 5. ZBA File: 6270 Approval of one story addition and new Bilco door and maintaining the existing non-conforming setback (4.40 feet) from the front property line 6. ZBA File: 6595 Approval of addition and alteration to a single family dwelling less than the required 35 feet setback to both front property lines. (14.75 and 16.58 feet- corner lot) 7. ZBA file: 5819 Approval of reconstruction of existing single family dwelling within 50 feet of the required front property line setback 8. ZBA file: 6205 Approval of deck addition that is a reduction in the required front yard setback from 35 feet to 9.5 feet as•„-se 10-,x-97 0327-00 05-08-01 06-12-01 N 1116 I82 w K N-JQ 0&22-01 .e,, 1 (5O) 07-1� o� - "r 1 % 2 3 t S MATCH __-- \ � _ S 4 �6 7LINE 12-10-02 ! -t _ a° I .$ 1co +m FOR PCL.NO. _ 1 04-07-03 w0325-03 ? �_� "' w 7- SEE SEC.NO. 1.2Ac 09-01-10 - I 9 R ss 110E-034 .m 05-07-12 J i Q/^ �. 1AA(c) 11�c)19 m 13.1 N 9A(c) J Ur�r TUTHILL RD 3 10 a 201 201 '1 42 1B 4.1 11� r 2 13A ; 16A 5 12m z. a *2 O l0 aN I12 FOR PCL.NO, e� n0 13w B 1.tA(c) t tA(c) " 3 RV /(' SEE SEC.NO. 7 ny Or 6 28A'(c) 116-03-001 / 8 14 3 5 4 2-BA sa tl. n0 7.5 16 17.3 112a(c) 6 7 >m 7 5.5 g m m y I GEORGE W(ELSIQ RD. on w 24 O 1 ep 2 762 17, 18.4 35 25 1Z 3 r 1.30(c) w m 1 a a 1s_$ " ., - 162 34 26 '4 12.1 a�� CUTCNOGUE RECEIVED z ur w 19 T 1.4A(d w ro � m ` 13 W �lY 5 14 11 18.6 'r � 73 27 w 108 r z � 14.1 �V� � to 2014 1 u0 R0 w 18.5 '�• s y 6 13 fp "' 1.3A(,) 1 \\ ►9, $ 15 20 x ® 26 291 t �2 r 50 ° HARBOR + 6§ 7w f2 w w walr :w 31 p0 2.2A(c) \ 1.6A(c) t,1,• ; Na f) = 8w 30 _ \. �- •,• �"°w BOARD OF APPEALS _J 17 11 l� 2A 25 26 Ms s` ro`•--� w �p t 22A(c) 46.4 46 " s a(}1 10 33 6 y .w '00 35 - j4 30 m 0r w t ii t FlSHER r36 47 n 71 a m 31 1 2 3 1.6A(c) w + 34 n y9-38 r r 1.6A(c) 6 32 33 r .` w � r w w * ` 0 ' 3.4Atc) 12 13 21 5 3 w w , .° .° l _ s a4 r 9 m r w 24 7 27 s12 •11.1 1,2i Y132 13.1 w = '46 26 32 6 "0 KOURORD. r. r 18 25 V 'S 19.1 20.21 _ � 17 X193 It C- 26'1 s010a0R1 57. t6 v 14.1 I 16.2 16.6 ; _ w Z w 31 IVT & tt 23 t y7A1�1 " Z 20.1 mar w 4 5 ,"' '0b 1 00w1c1n 1 323 1 w 1.4A(c) 10 12 r 18 a 22 w 1 w21 I _ Wrs MEW '° w 3-5Kd +o.M s N 142 -( w r Sfi6 BCIIDa (n 9 13 t6.3 w r w -4 Bw 00, 1601 q1 w32.1 2 93Z2 � 142 - 16.4 16 A 22 23 24 28.5 253 I 0p0 MAIN 129 30 vpLO 15 NEW SUFFOLK AVE. _13 12 1 2421 1w w 41 5.1 .. 7 8.1 9n 2MA0 T w 15. w -31 19tl 3.3N0)N 1.3A(c) 29A(c) 32 O ? t4 1 19 ZO 25 n� „ d i + r �C s1e. .IAC1(Spf 1:, 52 ,6eo 16 m w 21 22 "" p2 - -x 110 Y ST' 1 2 w 16.1 782 20 3.1A(C) 1 3.5 4.1 124 23 20 . 0 14-1 2A.9 SA(c) 22A(l) 6 6 7 8 9.1 92 10 11 16 21A(c) 1.8A(c) •1.2A r1 w 90 19 r ¢ 123 12.2 0` --- ---2D_ 1 4,2 - � m w 29 F.D. 10 BAY w Iw N 10298 _...--..'...''- PECONIC / N 9R g GREAT L ......... aw ------ .� .. --�- y�ar9.Ms L - N wrslauwo oWe 0 nn.cw ea m E ���� N..A., �� --r-_ - -- „1f,n,.,,,es0unr,°as,Rc,:.. NOTICE COUNTY OF SUFFOLK © K 10 TOYNIOF SOUTHOLO SECTION NO -'�- a.w.rw�ssaaw (21) .r N. O r. 1....o.01e u. --"-- ,s +cvlue E G MNN1ew,cE�lTENOTJKSKEOR Real Property Tax r a E �H- n Y.C•wa� --rr-- wr.ul O.MVLi� -Kr-_ E _- pSTRIBUTgN OFANY PLRnLN OF TIE a I,T ^ W.IAC.E OF 117 arc.�.r, m ow u. -- lw aww --�-- 1+rre ol..ly 1..--�-- `�" m Ta 9lsvouccamnrA%wrls raanaiEo 6D BRITRiwrM�a.N V71f0, M N "'• -- r..0 «sloe_� xn1r:w s A [M6TRILT NO 1000 D w. 23 .N 1v A{°)ar f2.,A t_t� a+a1.n -r-- r+.w�.orinu.--rwr-- we+wcc r/1EEMIe1, WT1nUiwmTEl1 PE/r118S1aN OF TIE - �Q� 100 tiw1 or o aro rp 0.1..1.1r.o� urMN, �•••• ----- �.aruln. --s-- fEIL ENOPERTY TIV[6ERNCEACENCIf. P PROPERTY MAP 0°.1�swN on+E:wraa lo•z Mailing Address: APPEALS BOARD MEMBERS• SOF$Q(�ry • Gerard P.Goehrtn er,Chairman Southold Town Hall 53095 Main Road•P.O.Box 1179 j c Ruth D. Oliva Southold,NY 1 1 971-0959 James Dinizio,Jr. G� • Office Location: Michael A. Simon l� Town Annex/First Floor,North Fork Bank Leslie Kanes 54375 Main Road(at Youngs Avenue) s)"D Southold,NY 11971 http://southoldtown.northfork.net JIJN 0 $ 2.014 ZONING BOARD OF APPEALS A REC lVED -- BOARD OF APPEALS TOWN OF SOUTHOLD a ;,3 B Tel. (631)765-1809•Fax(631)765-9064 fmusns FINDINGS, DELIBERATIONS AND DETERMINATI .� MEETING OF FEBRUARY 28, 2008 Southold Town Clerl ZBA#6114 - SANFORD and ELIZABETH FRIEMANN PROPERTY LOCATION: 1165 Old Harbor Road, New Suffolk CTM 117-3-8.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007, states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicants' property contains a total lot area of 19,712 square feet with frontage along Cutchogue Harbor, and is improved with a single-family dwelling with garage as shown on the November 19, 2007 survey prepared by John C. Ehlers. BASIS OF APPLICATION: Request for Variances under Sections 280-116B and 280- 124, based on the Building Inspector's amended November 26, 2007 Notice of Disapproval concerning proposed additions, swimming pool, and alterations to the existing single-family dwelling, which new construction: (a) will be less than 75 feet from the bulkhead adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. RELIEF REQUESTED: The applicants propose to construct a 10 ft. deep roof extension over an existing irregularly shaped open deck to provide partial shade, at 45' from the existing bulkhead, and proposes a 12' x 22' in-ground kidney-shaped swimming pool set into the existing deck with a code-required 3 ft. wide deck surrounding the pool on the seaward edge, 20 feet from bluff and 46 feet from the existing timber bulkhead shown on the September 12, 2007 surveyor site plan, updated November 19, 2007 by John C. Ehlers, L.S.. This proposed construction would create a total of lot coverage at 23.2%, while the code limits total lot coverage to a maximum of 20%. Page 2-February 28,2008 . RECEIVED Appeal No.6114-S.and E.Friemann CTM 117-3-8.4 1 u N 0 3 �(��76 BOARD OF APPEALS AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on January 25, 2008 submitted a site plan prepared by Mark Schwartz, A.I.A. increasing the setback to 31.2 feet from the closest bulkhead measured from the edge of the new construction, and reducing the proposed lot coverage to 22.4%, thereby bringing the plan into more conformity with the code. LWRP DETERMINATION: A letter from the Town's LWRP Coordinator was submitted to the Board of Appeals on January 9, 2008, after review of the original variance requests, with a recommendation of inconsistency under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP standards.) Grant of alternative relief in the variance application, as amended January 25, 2008 will increase the setback from the proposed 29.2 feet to 31.2 feet measured between the deck and the bulkhead, and will reduce the lot coverage to 22.4%. Also, the drainage of pool water shall be contained in the existing drywell on site. Gutters and leaders shall be located on the proposed roof extension and roof runoff shall be contained. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the alternative relief as shown on the amended plan will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed roof extension over the existing deck is modest in size and will have no visual impact on neighboring houses, while benefiting the applicants' family with protection from the sun and rain. The proposed pool is also relatively small and will be partially set into the existing deck, thereby reducing the size of its footprint in the rear yard. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance since there is no other feasible location in which to construct a swimming pool, and the distance from the existing deck to the bulkhead is already non-conforming. 3. Town Law §267-b(3Vb)(3). The variances granted for relief in the amended application for the proposed new deck and pool are substantial. A 49 ft. setback to the shoreline bulkhead, represents a 34.6% variance, and when measured from the first, REC VEG 7� Page 3—February 28, 2008 • • JUN 0 3 2014 Appeal No.6114—S.and E.Friemann CTM 117-3-8.4 BOARD OF APPEALS closest bulkhead at 31.2 feet, the variance represents a 59% variance from the 75 ft. minimum code requirement. The proposed lot coverage of 22.4%while the code requires a maximum of 20% results in a 12% variance. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the applicant has chosen to install a pool and deck without sufficient space to meet conforming setbacks and which will increase lot coverage beyond that allowed by code. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing bulkhead and upland retaining wall are stable and the property between them is covered with a large native vegetative buffer. The proposed additions are modest in size and any potential adverse impacts can be mitigated through the conditions described below 6. Grant of relief, as applied for and shown on the amended plans, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a roof extension and small swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to Grant the variances as applied for and as amended, shown on Map A-3 dated January 24, 2008 prepared by Mark K. Schwartz, Architect, subject to the following Conditions: 1. The drainage of pool water shall be contained in the existing drywell on applicants' site. 2. Gutters and leaders shall be located on the proposed roof extension and roof runoff shall be contained in the existing drywell on this site, as shown in the November 19, 2007 survey prepared by John C. Ehlers, L.S. with Nov. 26, 2007 ZBA date stamp. 3. The pool equipment shall be housed in sound-proof(sound-deadening) cabinet and located on the northeast side of the dwelling to create minimal visual and noise impacts on neighbors. 4. The existing deck that is not covered by the proposed roof extension shall remain unenclosed and open to the sky. APPEALS BOARD MEMBERS �SUFFQ(�- �p Southold Town Hall Gerard P.Goehringer,Chairman ti� � 53095 Main Road Lydia A.Tortora 00 P.O.Box 1179 George Horning ^+ Southold,New York 11971-0959 Ruth D.Oliva Gy O�� ZBA Fax(631)765-9064 Vincent Orlando l >� �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD / FINDINGS,DELIBERATIONS AND DETERMINATION )U� 3 ,7 6 MEETING OF OCTOBER 3,2002 � Zp Appl. No. 5163—NATHANIEL AND SUSAN KWIT Property Location: 1000 Old Harbor Road, New Suffolk 117.5-12.1 BARD OF APPEALS SEQRA DETERMINATION:The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: BASIS OF APPLICATION: Building Department's April 18, 2002 Notice of Disapproval denying a permit for reconstruction of a two-story residence in a nonconforming location at less than 75 feet from the bulkhead structure and less than 50 feet from the rear property line. The existing nonconforming dwelling will be demolished. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 19, 2002,at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Applicants request a Variances under Section 100-239 reconstruction of a two-story residence in'a nonconforming location at less than 75 feet from the bulkhead structure and less than 50 feet from the rear property line. The existing nonconforming dwelling will be demolished. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted,and personal inspections,the Board makes the following findings: 1.Grant of the variance will not produce an undesirable change in the neighborhood or a detriment to nearby properties. The present home was moved to Its existing location many years past. Because of substandard construction, applicants wish to replace the existing dwelling with a new,updated building In the same or similar footprint 2.The benefit sought by the applicant cannot be achieved by some other means other than an area variance. Since the applicants are going to utilize essentially the same location of the existing home, setbacks remain almost exactly the same, or mostly 0 RECEIVED Page 2—October 3,2W, I I e� O Appl.No.5163—N.and S.Kwit J!U 117-5-12.1 at New Suffolk BOARD OF APPEALS similar. The reason for this location is because of topography and major landscaping on the site,as well as present location of the sanitary system. 3. No evidence has been submitted to suggest that this variance will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing dwelling is virtually unable to be renovated, due to lack of a foundation and oche; substandard factors. Based on topography of the site, the key to reconstruction of the dwelling is the existing location 4. The premises is located on a well-vegetated and elevated portion of the property, updated bulkhead leading to Schoolhouse Creek. A significant alternating of the present location would only disrupt a well-manicured lot with many mature trees and landscaping. 5. Grant of this requested variance is the minimum necessary to enable applicants to enjoy a new dwelling,while preserving and protecting the character of the neighborhood, and the health,safety,and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Oliva, seconded by Chairman Goehringer,it was RESOLVED,to GRANT the variance as appliedfor, and shown on the plan prepared by Samuels & Steelman of 4/17/02 (site plan with envelope). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, and Oliva. This Resolution was duly adopted(3-0).(Members Horri n7Odn o were absent.) 99 erard P.Goehringer— prov or Filing BOARD MEMBERS �0f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson O`� y0 53095 Main Road•P.O.Box 1179 ti �O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(a(Youngs Avenue) Ken Schneider l�C� Southold,NY 11971 http://southoldtown.northfork.net R CEIVED RECEIVED ZONING BOARD OF APPEALS W" X3 I TOWN OF SOUTHOLD SE 2 4 2013 JUN 0 3 1014 Tet.(631)765-1809•Fax(631)765-9064 nn CoutholdTwn�. BOARD OF APPEALS FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19,2013 ZBA FILE: 6670 NAME OF APPLICANT: Michael and Celia Withers SCTM 1000-117-5-24 PROPERTY LOCATION: 6635 New Suffolk Road, (adj. to School House Creek)New Suffolk,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 July 11,2013 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, review of the Town of Southold Town Code and the Local Waterfront Revitalization Program r(LWRP)ont Consistency Standards. The LWRP Coordinator issued a recommendation dated August 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTI N. The property is a waterfront property in a Marine II district. It is an irregular shape. The property has 256.67 feet of bulkhead frontage on School House Creek. The property has 75 feet of frontage on New Suffolk Road and is bordered by another piece of property which is 75 feet wide and then continues for an additional 30 feet on New Suffolk Road. On the north side the property goes 125 feet east and then goes 125 feet north. Next the property goes 215.63 feet east. The property then goes 120 feet south and then 85.09 feet west until it hits the bulkhead. The south side of the property runs 234.56 feet from the road until it hits School House Creek. In the middle of the property is a developed lot which has 75 feet of frontage on New Suffolk Road and 155 feet on the south and north sides of the lot and 75 feet on the east side of the lot. On the property there is a 2 story frame house, an accessory frame garage and an accessory frame shed. There are also five floating wood docks and one long wood dock on School House Creek. The existing structure is 20.2 feet away from the bulkhead at its closest point. All is shown on a survey by Nathan Corwin Taft Licensed Land Surveyor dated March 14, 2013. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116(B) based on an application for building permit and the Building inspector's June 13, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling at 1)proposed construction at less than the code required bulkhead setback of 75 feet. S RECEIVED �v� o 76� Page 2 of3—September 19,2013 �o14 ZBAM6670—Withers SCTMN1000-117-5-24 BOARD OF AppFAL S RELIEF REOUESTED: The applicant requests a variance to construct additions and alterations to the existing dwelling with a proposed setback of 35 feet from the bulkhead, where the code requires a setback of not less than 75 feet from a bulkhead. ADDITIONAL INFORMATION: The existing accessory shed on the property has a certificate of occupancy to be in its existing location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed addition is characteristic of other residential properties in the neighborhood in both scale and design. It will not be seen from the street. This property is a unique lot in that it is a Marine Il property with accompanying boat docks. Many of the houses in this neighborhood are older and are within 75 feet from a bulkhead. The proposed addition will not be less conforming to the code than the existing structure already is. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The entire structure is located within 75 feet of the bulkhead and would need a variance for any proposed addition. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 53%relief from the code. However, the proposed addition is a one-story addition located behind the house at the furthest distance from the bulkhead as possible. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the proposed construction must retain all water on site via new drywells and must comply with all best management practices for storm water runoff during construction. 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 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried,to GRANT, the variance as applied for, and shown on the Architectural plans by Samuels & Steelman Architects dated June 4, 2013 labeled pages SP, and pages 1-3. RECEIVED Page 3of3—September19,2013 JUN 0 3 2014 ZBA#6670—Withtn SCTM#1000-117-5-24 BOARD OF APPEALS Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes. Absent was: Member Horning. This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing gN /2013 APPEALS BOARD MEMBERS *O f$QU • Mailing Addre : Ruth D. Oliva, Chairwoman h�y� jy0� Southold Town Hall Gerard P. Goehringer 53095 Main Road •P.O.Box 1179 41 James Dinizio,Jr. CA NY 11971-0959 N Michael A. Simon O Office Location: O Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'YCO54375 Main Road(at Youngs Avenue) Southold,NY 11971 rr PIE C E http://southoldtown.nonhfork.net / (Q ZONING BOARD OF APPEALS RECEIVED 1111 TOWN OF SOUTHOLD + Q:35 a,m 130/00 OF �4Tel.(631)765.1809•Fax(631)765-9064 AQ 6 2006 FINDINGS, DELIBERATIONS AND DETERMINATION lovthold Town tied MEETING OF NOVEMBER 9,2006 ZB File No. 5966—MARC F. and ELLEN WIEDERLIGHT Property Location: 50 Fred Street and Fanning Road, New Suffolk CTM 117-4-22 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 18,125 sq. ft. parcel has 125 feet along Fred Street and 145 feet along Fanning Road, and is improved with a single-story, one-family dwelling. BASIS OF APPLICATION: Zoning Code Sections 280-15, 280-122 and 280-124, based on the applicants request for a building permit and the Building Inspector's August 25, 2006 Notice of Disapproval. The reasons stated for disapproving the building permit is that the additions and alterations will constitute an increase in the degree of nonconformance when located less than 35 feet from the front lot line. The second reason was that the new construction would place the swimming pool in a yard other than the required rear yard, and the applicant removed the swimming pool from the plans. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELI F REQUESTED: The applicants wish to construct a second-story addition and convert the garage, portions of which will be an increase in the degree of nonconformity when located 30.4 feet from the front lot line at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The structural alterations will not increase the dimensions or size of the structure. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The alterations and addition will be within the building area (footprint)of the existing home without creating new nonconformities. 3. The variance granted herein is not substantial. The relief is related to the same nonconforming 30.4 ft. Page 2—November 9,2006 • RECEIVED ZB File No. 5966—M.and E.Wiederlight 7 CTM No. 117-4-22 '101 0 3 �-014 11DARD OF APPEALS front yard for the existing 20.2 ft. wide garage, which setback will be maintained after alterations and an addition. 4. The difficulty has not been self-created,resulting from a need for additional living space. . 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition with alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTIQLN,.OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, referred to in the October 26, 2006 letter from Frank Notaro, R.A. and shown on the amended 10-26-06 Drawing No. A.1-2, the 9-11-06 Drawing No. A. the 9-12-06 drawing No.A-SITE, and the 9-11-06 Drawing No. A.2, prepared by Arch itecnolog ies. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that Is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D.Oliva, Chairwoman 11 14/06 Approved for Filing pF Office Location: SOS,,��� 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 • �O� Southold, NY 11971-0959 RECE VEII• http://southoldtown.northfork.net RECEIVED 70Ccf AUN l.O� BOARD OF APPEALS 0: 00 BOARD OF APPEAL TOWN OF SOUTHOLD J U N 2 2 2009 Tel.(631)765-11109 Fax(631)765-9064 Southo d Town Cterk FINDINGS,DELIBERATIONS, DECISION MEETING OF JUNE 16,2009 ZBA FILE#6270—EFSTATHIOS and MARYANN KATSOULAS,Applicants PROPERTY LOCATION: 1175 First Street, New Suffolk CTM Parcel 117-7-27 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 December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county- wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 15,271.61 square foot lot in the Residential R- 40 District, with street frontage along First Street. It is improved with a single-family, two-story frame house with attached garage and in-ground swimming pool with wood deck as shown on the architectural plot plan by Oyster Bay Drafting dated 4/22108 page NA BASIS OF APPLICATION: Request for Variances under Sections 280-122 and ZBA Interpretation#5039(R. Walz) based on the Building Inspector's November 12, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction will constitute an increase in the degree of front yard setback and lot coverage non- conformances. RELIEF REQUESTED: The applicants propose to add an 8.11ft x 9.2 ft one story addition and new Bilco doors to their dwelling in order to expand their living space. The addition will maintain the pre-existing non-conforming front yard setback of 4.40 feet. Pursuant to ZBA interpretation in Walz(#5039)such additions and alterations will constitute an increase in the degree of non- conformance. In addition,the Building Inspectors Notice of Disapproval noted the existing lot coverage of 24.8%will increase to 25.5% with the proposed additions while the code permits maximum lot coverage of 20%. These calculations were based upon plans by Oyster Bay Drafting dated 4122108. ADDITIONAL INFORMATION: At the public hearing on April 23, 2009, the Board requested that the applicant submit a letter from Oyster Bay Drafting:and/or a licensed architect or engineer or a new survey showing the existing and proposed lot coverage since it was not clear from the plans submitted. On June 3,2009 that Board received a letter dated May 27,2009 that was signed and stamped by Dennis Mele, licensed architect, noting an existing lot coverage of 24.3% and proposed lot coverage of 24.8%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2-E.and M.Katsoulas RECEIVED ZBA#6270—June 16,2009 / —y CTM 117-7-27 SCJ �b JUN 0 fir;': BOARD OF ADOIZ-aL.S 1. Town Law §267-b(3)(b)(3)(11. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed addition in the side yard of the house will not be seen from the street because it is screened by another part of the existing house and is well screened from the neighbor along the side yard by an existing side yard fence. The proposed addition is small at only 74.61 square feet and only one story while the house itself is two stories. 2. Town Law 4267-b(3)(b)(2) The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance because the construction is already over the permitted lot coverage and has a pre-existing non-conforming front yard setback,so any addition will require a variance. 3. Town Law$267-150)(b)(3) The variance granted herein in terms of the proposed lot coverage is not substantial because it is an increase of only 0.5%. The variance for maintaining the 4.40 ft. front yard setback is not substantial in so far as the proposed addition will maintain this pre-existing non-conforming setback and because it is a technical interpretation since the small addition is not proposed in the front but rather along the side of the house. 4. Town Law 267-b 3 b 5 . The difficulty has been self-created because the applicants already enjoy the benefit of lot coverage beyond that which is permitted by code through a previous ZBA variance(#5522 June 3,2004). 5. Town Law 267-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. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a slightly expanded living space in their dwelling, 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 267-8,motion was offered by Member Weisman,seconded by Chairman Goehringer,and duly carried,to GRANT the variances as applied for and shown on the architectural drawings by Oyster Bay Drafting (Sheets N 14) dated 4122/08 and lot coverage calculations as confirmed by Dennis Mele, Architect in his letter dated May 27, 2009 received by the Board of Appeals on June 3, 2009, and with an attached table of zoning calculations which amend the calculations that appear on Sheet N-1 of the architectural drawings. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonoonformities 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 Oliva(Chairwoman), Goehringer, D' ' ' , Simon and sma t luti s duly adopted(4-0). RARD P.GOEHRINGER,CH IRMAN Approved for Filing 6l 'zv /20 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0f SID UjyO 53095 Main Road •P.O.Box l 179 ti0 �p Southold,NY 11971-0959 James Dinizio,Jr. 4 4 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider l�com Southold,NY 11971 RECEIVED http://southoldtown.northfork.net h -/ a ZONING BOARD OF APPEALS JUN 0 014 TOWN OF SOUTHOLD RCE VE © Tel.(631)765-1809•Fax(631)765-9064 3 .�30 BOARD OF APPEALS OC 2 32012 FINDINGS,DELIBERATIONS AND DETERMINATIONCl MEETING OF OCTOBER 18,2012 So oId Town erk ZBA FILE: 6595 NAME OF APPLICANT: Solution East LLC PROPERTY LOCATION: 1060 2"d Street(corner King Street)New Suffolk,NY SCTM: 1000-117-7-25 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 September 17, 2012 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 6,642 sq. ft. parcel in the R-40 Zone. The northerly lot line measures 101.35 feet along an adjacent parcel. The easterly lot line measures 65.51 feet along another parcel. The southerly lot line measures 101.22 feet along King St., and the westerly lot line measures 65.51 feet along 2"d. Street. The parcel is a corner lot and has two front yards. The property is improved with a single family dwelling, as shown with proposed new construction, on the survey drawn by Elizabeth Thompson, Architect,dated June 22,2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-124, based on an application for building permit and the Building Inspector's August 9, 2012, amended August 30, 2012 Notice of Disapproval concerning proposed addition and alteration to a single family dwelling, at; 1) less than the code required front yard setback of 35 feet for both front yards on this corner lot, 2) more than the code permitted lot coverage of 20% maximum. RELIEF REQUESTED: The Applicant requests two variances to construct a porch/deck addition with one front yard setback of 16.58 feet,and the other front yard setback of 14.75 feet, where Code requires a 35 feet setback. The Applicant also requests a variance for proposed lot coverage of 21%, where Code allows 20%. . FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 4, 2012,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property RECEIVED _. JUN 0 3 1014 Page 2 of 3—October 18,2012 BOARD ZBA Fildt6595—Solution East LLC OF APPEALS CTM: 1000-117-7-25 and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1) Grant of the variances will not produce an undesirable change in the characteref the neighborhood or a detriment to nearby properties. This long established residential neighborhood has maty buildings with non-conforming setbacks from the streets. The non-conforming front yard setback on 2nd.St.ts pffc_ existing, and will not be changed. A wrap around porch is customary to many single family dwellings, and the porch will enhance the appearance of the building and also the neighborhood at this corner street location. 2. _Town Law 6267-b(3)(b)(2) The benefit sought by the Applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The two non-conforming front yard setbacks on 2nd St. and on King St. are pre-existing, and therefore any construction in those areas requires variances. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial; representing +54'Yo variance relief from the Code required 35 feet for the front yard setback on 2nd. St., and+53%relief from the Code required setback of 35 feet for the front yard setback on King St. However, the non-conforming setback on 2"d St. is pre-existing,and will not be reduced by the porch construction. The non-conforming setback on King St. is also pre-existing, and although the proposed porch will further reduce this setback as it is measured to the lot line, a 16.7 foot area of grass remains in what functionally operates as the applicant's side yard and which is screened from the street by an existing mature hedgerow. 4. Town Law 6267-b(3)(b)(41 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 property has an established hedgerow on the lot line along most of King St. and along the length of the easterly lot line. The Applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The Applicant will comply with all of the conditions stated below. 5. Town Law 6267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT. the variances as applied for, and shown on the site plan submitted by Elizabeth Thompson, Architect, and dated June 22, 2012 as amended and attached to an a mail from Elizabeth Thompson RA dated October 11,2012 to show the relocation of the outdoor shower from the side yard to the proposed open deck, and architectural drawings by Elizabeth Thompson RA dated 6/22/12 an labeled first floor plan, second floor plan, roof plan, north elevation (amended to remove the outdoor shower),east elevation,south and west elevations. CONDITIONS: 1. The Applicant will install a silt fence and hay bales along the work area adjoining the adjacent northern property to contain all soils and debris on site. 2. The Applicant will comply with the asbestos removal regulations in New York State per copy of same received by the Zoning Board dated October 11, 2012. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. OCEIVE® - Page 3 of 3—October 18,2012 J U N 0 3 1 0 4 ZBA File#6595—Solution East LLC CTM: 1000-117-7-25 BOARD Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result OF APPEALS EARS 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. Vote of the Board: Ayes:Members Weisman(Chairperson),Dinizio,Schneider, Horning. Absent was:Member Goehringer. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing 10/Z7, /2012 APPEALS BOARD MEMBERS • OF$QUl • Mailing Address: Ruth D. Oliva,Chairwoman h�y�� y0� Southold Town Hall Gerard.P. Goehringer 53095 Main Road-P.O. Box 1179 James Dinizio,Jr. �, Southold, NY 11971-0959 Office Location: • Michael A. Simon � � iO Town Annex/First Floor,North Fork Bank Leslie lanes Weisman 1��� 54375 Main Road(at Youngs Avenue) 1 Southold,NY 11971 http://.southoIdtown.northfork.net RECE1VcD RECEIVED ZONING BOARD OF APPEALS (p-?fv -:)- TOWN OF SOUTHOLD JUN 0 3 ?-011 Tel. (631)765-1809• Fax(631)765-9064 Pfl 6 BOARD OF APPEALS Sovfitoid AW-111 C(er:; FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 9, 2006 ZB File No. 5819—James and Karen Speyer Property Location: 2100 Jackson Street, New Suffolk CTM 117-10-18.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION The applicant's 43,415.97 sq. ft. parcel has 120.21 feet along Jackson Street and 371.62 feet along Fourth Street. The property is improved with a one and story two frame, single- family dwelling with accessory shed and garage, as shown on the January 28, 2005 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's October 19, 2005 Notice of Disapproval, amended January 6, 2006 and February 3, 2006, citing the Walz Interpretation (Sections 100-242A and 100-244), and Section 100-242A, in its denial of an application for a building permit. The reason stated by the Building Inspector in the denial is that after demolishing portions of the existing two-story dwelling, the reconstruction in the same place, and new additions and alterations, will constitute an increase in the degree of nonconformance when located at less than 50 feet from both streets. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a reconstruct a substantial portion of the existing single-family dwelling, and to add a minor extension, within 50 feet of the front yard property lines, as shown on the site plan prepared by Samuels&Steelman,Architects dated 1/6/2006(Project 0419). REASONS FOR BOARD ACTION• On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to replace the additions built many years ago with new construction, preserving and restoring the original historic, mid-nineteenth century design with a gabled roof as opposed to a flat roof, in the same footprint of the existing home. Also proposed is a new bay window and covered, open porch for enjoyment of the southern vistas. The applicant states that the new construction will result in improvements very much like the existing house in architectural form and mass, and will require upgrades by the Health Department for a new sanitary system meeting current codes. The height Page 2—March 9,2006 • RECEIVED ZB File No.5819—J.and K.Spey CTM No. 117-10-18.1 JUN Q 3 1014 BOARD OF APPEALS for the new construction will be 297"to the top of the ridge. The setbacks will not be reduced to less than the existing nonconformities on the northern or western yards, and the footprint of the existing home will be utilized, except that a single-story, open covered-porch will be added at the south side of the home. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. While applicant's wish to preserve and restore the architectural integrity of the existing home, the code requires approval from this Board before a building permit may be issued. The home contains additions that were poorly built and placed in a location that does not conform to the current zoning code. With the proposed reconstruction of similar architectural design as the existing dwelling, proper structural supports and building standards will be met. 3. The variances granted herein are substantial, in that the nonconforming setback areas for the new construction, as a replacement, are substantially less than the code requirements. 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 road services three existing houses and the new construction will be screened. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction of a major portion of the existing house, and a minor addition, 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 Simon, seconded by Chairwoman Oliva, and duly carried,to GRANT the variance as applied for, as shown on the site plan prepared by Samuels & Steelman, Architects dated 1/6/2006(Project 0419). Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon and Weisman. Member Dinizio was absent. This Resolution was duly ado ted(4-0). Ruth D. Oliva, Chairwoman 4/.S"/06 Approved for Filing APPEALS BOARD MEMBER �QF$Q(��. 0 Mailing Address: Gerard P.Goehringer,Chairman �p`� - 01 Southold Town Hall 53095 Main Road• P.O. Box l 179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. • Q Office Location: Michael A. SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l�C�l , 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://sou[holdtown.northfork.net ZONING BOARD OF APPEALS 30TOWN OF SOUTHOLD RECEIVED ����� �� �PP�AL�j Tel. (631)765-1809•Fax(631)765-9064 PNOV _}, g' J 3 208 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD OCTOBER 16, 2008 Southold own Clerk ZBA# 626.5 - RONALD POLLIO PROPERTY LOCATION- 165 Second Street, New Suffolk CTM 1000-117-10-20.5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply received September 15, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,999 square foot parcel in the R40 District, measuring 70.00 feet along Second Street to the east, 200.00 feet to the northern boundary, 100.00 feet along the southern boundary, and 0.00 feet along the western boundary. The lot is improved with a single-family dwelling, as shown on the survey by John C. Ehlers, L. S. dated June 25, 2008, BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building Inspector's July 18, 2008 Notice of Disapproval concerning a proposed deck addition on a nonconforming 6,999 square foot parcel, which new construction will be less than the code required minimum of 10 feet on a single side yard setback and less than 35 feet on the minimum front yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 25, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: i RECEIVED JUN � 7014 A, �. Page 2—October 16, 2008 ZBA#6205—Ronald Pollio,Applicant BOARD OF APPEALS CTM 1000-117-10-20.5 RELIEF REQUESTED: The applicant seeks variances for a 12 ft. wide by 24 ft. deep deck addition withl reduced south side setback from 10 feet to 6.5 feet, and a reduction of front yard setback from 35 feet to 9.5 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of setback variances will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. An existing high hedge on the south side of the property will screen the deck from the neighbor's property. Increasing the non-conformity in the front yard will add only a 7.4 foot extension of a 36.3 foot east side of the house. 2. Town Law &267-b(3)(b)(2). The benefit of an expanded and renovated house cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Any expansion of the existing deck would require a variance. 3. Town Law §267-b(3)(b)(3). The variance is not substantial. The reduction of the front yard setback applies on. The existing front yard setback will be extended but will not exceed the existing nonconforming setback. 4. Town Law §267-b(3)(b)(5). The need for a variance was self-created only so far it is a consequence of a decision to extend an existing side deck on a narrow nonconforming lot. 5. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. Owners of the three adjoining houses have indicated their support of the application. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to RECEIVED JUN (a?6 a Paged—0-1-ober 16, 2008 3 2014 ZBA#6205-Ronald Polho,Applicant CTM 1000-117-10-20.5 BOARD OF.APPEALS GRANT the variances as applied for, as shown on Project 0821 Site Map A-1, prepared by Peconic Permit Expediting dated 7-21-08, subject to the following CONDITIONS: 1. Relocation of the existing outdoor shower (to a conforming location), and 2. Retention of the vegetative screening on the south side of the property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. This Resolution was duly adopted (4-0). Chairman Goehringer was absent. RUTH D. OLIVA, Vice Chairwoman Approved for Filing 10/ 3d /2008 L =` RECEIVED JUN(OO 3 2014 BOARD OF APPEALS 1�a (1)Nicholas De Croi sset May 13,20141 Looking SE "n AMz (2)Nichlas De Croisset May 13,2014 1 Looking South • � �"��l�i� 1`�IYllllNijjiily�i'� i YYII V1, pill Sll r. �.. s ¢ w 54{• , .�±. .� (3)Nichloas De Croisset Ed.WtV C� May13,2014 J Looking Werst ,.r=.�.. 4. 6 7& BOARD OF APPEALS _ r i l w t e • x (4)nichias De Croisset "'�"�� May 13,2014/Looking West NMI � r r �.' � •'. sqs. Ys" t� �•• 4. ty t x i{g A � i T 3 ,�bar•, C L�.�!t �J4{ ',� �,,,,� +'<�� � � 4, �.. �- � t + xi .fir P / p l: SUN U 3 'LW4 pF APPEALS _ (7)Nicholas De Crofsset BOARD May 13,20141 Looking NE tr � 4 FIX (8)Nichlas De Croisset May 13,20141 Looking NIN RECEIVED JUN 0 3 2014 BOARD OF APPEALS (9)Nichloas De Croisset May13,20141 Looking NE p. (10)nichlas De Croisset May 13.2014 1 Looking NW i, x n a e FEZ mmnx r - FFtEYVE® �jUN OARD OF APPEALS . e Croisset May 13,201chlas4!Looking NE ` d t ` (12) Nichlas De Croisset May 13,2014 1 Looking NW T _q RE FIVE® 1 lJN U 3 2014 t,. R_ - BOARD ARO OF PRPEALS - (13)Nicholas De Croisset May 13.20141 Looking West V r'" 3 x ti t 4 III i (14)Nichlas De Croisset t May 13,2014 1 Looking South 7 TOWN OF SOUTHO D OPIERTY RECORD CARD ter OWNER STREET 2C) VILLAGE DISTRICT SUB. LOT FORMER OWNER N .^ E / ACREAGE / _}_M, H "1 Y UY �, • W TYPE OF BUILDING a ,rr RE,jj,��6iVj SEAS. VL. FARM IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS13e> 6 /600 I/Z4 xe-r-jxl :v let, fe, die d r ti ✓ ` 13G .d bl e+r/ �z /-?P /t9l' -rowAt ��,�ri t�., c�tuett%�y�. �"�'•�' 7a,4 .fan g 3 � 13 _ c t Q C:) s �C> ✓ -4/ J't1'k, Y16 r. d r' v Cat' ll f;+rJE� o c }Gf- 57 T. . 5 ` tGEt B LDING (TION '7 1 l 75 I �' ## t3 73ut1 D & t?r`" �~ C ` 00, NORMAL LO, ABOVE Val e Per Ace slue Act(,-- arm - cre y,.._ },}gyp Tillable 1 '`1 Tillable 2 Tillable. 3 Wcodland Swampland Brushland JUN 0 3 0 House Plot BOARD OF APPEAIS .moi+ Tp.t i , . ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ 4' � �� _ til■■■■■■■■■■■■■■■■■■ r ■■■■■■A■■■■■■■■■■■■■ ■■■■■■■1 IN■■■■■■■■■■■ `,} -., .. :,.. G,t#ate ��$y. `"b Y �a, P' ..,r' .. ■■��■���� ®'■■■■■■■■■■ Wffl Foundation r r i ♦ .a,� • s • • Interior FinishRooms ist Floor.. *R Fire Place s c =10�-plppp— I'»-Ww -3 ti * * * RECEIPT * * * Date: 06/03/14 Receipt#: 171225 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6762 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#528 $1,000.00 Decroisset, Nicolas Name: Decroisset, Nicolas 135 W 3rd Street, Apt 5 New York, NY 10012 Clerk ID: CAROLH Internal ID:6762 i 0 �oS�FFo���o ELIZABETH A.NEVILLE,MMC 1;P Town Hall,53095 Main Road TOWN CLERK o= P.O.Box 1179 COD 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER 'yOff' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.( `�►a 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: June 4, 2014 RE: Zoning Appeal No. 6762 Transmitted herewith is Zoning Appeals No. 6762 of Michael A. Kimack for Nicolas DeCroisset-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval from Building Department Amended& Renewed April 22, 2014, Certificate of Occupancy No. Z7191 for N-C Business Building Dated August 24, 1976, Certificate of Occupancy No. 35400 for Electrical Dated January 20, 2012, Three Pages of Findings & Determination No. 6354 Dated April 8, 2010, Google Earth Photo of Residence, Authorization Letter from Nicolas DeCroisset to Michael Kimack to Represent Her in this Matter, List of Prior Findings & Determinations from Southold Board of Appeals, Copy of Tax Map Showing Other Findings & Determinations from Southold Board of Appeals, Three Pages of Findings & Determinations No. 6114 for Sanford& Elizabeth Friemann Dated February 28, 2008, Two Pages of Findings & Determinations No. 5163 for Nathaniel & Susan Kwit Dated October 3, 2002, Three Pages of Findings & Determinations No. 6670 for Michael & Celia Withers Dated September 19, 2013, Two Pages of Findings & Determinations No. 5966 for Marc F. & Ellen Wiederlight Dated November 9, 2006, Two Pages of Findings & Determinations No. 6270 for Efstathios&Maryann Katsoulas Dated June 16, 2009, Three Pages of Findings& Determinations No. 6595 for Solution East LLC Dated October 18, 2012, Two Pages of Findings & Determination No. 5819 for James& Karen Speyer Dated March 9, 2006, Three Pages of Findings & Determinations No. 6205 for Ronald Pollio Dated October 16, 2008, Seven Pages of Photos of Property, Two Pages of Property Record Cards, Survey of Property Showing Existing& Proposed Construction Dated June 2, 2014 Prepared by Nathan Taft Corwin, Land Surveyor, Five Pages of Plans Showing Floor Plans&Elevations Dated March 7, 2014 Prepared by Toshiko Mori, Architect. BOARD MEMBERS *QF Soar Southold Town Hall Leslie Kanes Weisman,Chairperson � y00 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 Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider llouf `(,N 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, JULY 10, 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, JULY 10, 2014: 11:00 A.M. - NICOLAS DE CROISSET #6762 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116 and the Building Inspector's January 13, 2014, amended/renewed April 22, 2014 Notice of Disapproval based on an application for building permit for demolition of an existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required bulkhead setback of 75 feet, located at: 20 Third Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-10-19 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.TothCajown.South old.ny.us Dated: June 13, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS ,(�a SOUTHOLD,NEW YORK CV-0 S�4 AFFIDAVIT OF In the Matter of the Application of MAILINGS A/CD-4AS' 17—4- CZ0,/5'.sET RECENED (Name of Applicants) SCTM Parcel # 1000- //7— /D 18 2014 COUNTY OF SUFFOLK ZoNING 60ARD Of APPEAL'` STATE OF NEW YORK I, /�J/PyA.t"� /?. /I�2��e(C residing at New York,being duly sworn, deposes and says that: On the /.,?**day of vl(IW O , 20/¢ I personally mailed at the United j States Post Office in 5'60f7-101-D ,New York, by CERTIFIED MAIL, 1 RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this day ofS(-k/\J—, , 20 19 � � CONNIE D. BUNCH 4 Notary Public, State of New York No.01 BU6185050 (Notary Public) QuaNfied in Suffolk County T Commission Expires April 14,2—(O—)At(o PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. W f F t Postal Service-r. ■ • s, Service,.CERTIFIED MAIL. RECEIPT so CERTIFIED MAILm RECEIPT (DomesticOnly;No Insurance Coverage Provided) E" (Domestic Mail only, • Insurance Coverage • ••• M ti 11 ,` . CID CID 1AC USE _r Postage $ $1.19 0971 � Postage $ $1.19 0971 Certified Fee C3 $3.30 , o Certified Fee o #3.30 0 Ny OO Return Receipt Fee J Postmark �� C3 ReturnRecei t Fee Postmark 1j 0 (Endorsement Required) $2.70 O Here 6 CO (Endorsement Required) $2.70 v {{ Here y�{ _1116 ry uJf 7 Q1l4 Restricted Delivery Fee (n , 1V Restricted Delive Fee �+ -3 (Endorsement Required) $0.00 C3 (Endorsement Required) $0.40 M1 M1 0r Total Postage&Fees $ $7.19 ni PrU Total Postage&Fees $ $7.19 1 rq Sent To r•q Sent To a JAlllllpti_INdC Ai WRZC�it*-('A_ M !C C3 Street,Apt No.; p - --� _� 141fo------- ! Street,Apt.No.; M1 or PO BoxNo." �`f Q� C�V�L� /ti/� --•--- tti or PO Box No. - city,State.Zl l+ ! �,C O J /• v City,State.Z/P+4 �. � L.e_ 7_ ............... PS Form 3800,August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Revpr,.f­I-- vp 4 Postal Postal CERTIFIED RECEIPT CERTIFIED MAIL- RECEIPT r� rance Coverage •. cc (Domestic Mail Only; Provided) M1 (Domestic MailOnly; ru I- For delivery information visit our website at wwvt.usps.comQ� CID F_`�Iulmm � Postage $ $1.19 0 LD At Postage $ $1.19 097 C3 Certified Fee $3.30 O� Certified Fee $3.30 1� Postmark � C3 Postmark C3 Return Receipt Fee 'J Return Receipt Fee $2.70 er (Endorsement Required) $2.70 C/) ! � J Q (Endorsement Required) Ii ifs J O 40 Restricted Delivery Fee Restricted Delivery Fee $0.00 J� M1 (Endorsement Required) $0.00 p (Endorsement Required) 17- ru Total Postage&Fees $ $7.19 06/ PS a- Total Postage&Fees $ $7.19 ni f06 PS r-9 Sent To _ Sent To C3 Street, t No.; Q/�/" i"�"1"" r3 Street,Apt.No.; ���+ r' or PO Box No. Q/h7111� _45 ` (` or PO Box No.2�D O �r W'r_pk�--------------------------- Clty State,ZIP+ ✓ ^ Clty State.ZIP+4PS Form :rr August 2006 See Reverse forI�Instructons :rr r��• j/ i i COMPLETESECTION •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. (� Agent N Print your name and address on the reverse J ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ^1„ ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: n D. Is delivery address different from item 1? ❑Yes WILL/.�/`1 �N�17��AO.v If YES,enter delivery address below: ❑No /UN�1NG� /�Y 11,7 3 3. Service Type Y [Certified Mail® ❑Priority Mail Express'" ❑Registered Iii(Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labe 7011 2970 0000 4787 4304 l PS Form 3811,July 2013 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS r SOUTHOLD, NEW YORK lv AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) - residing.at T/ �1� 1C, 1 Y� �S6Y X1901, New York, being duly sworn, depose and say that: On the f8 day of_ rLAVj5 , 2014, I personally placed the Town's Official Poster, with the date of hearing and•nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of--way entrance,* and that I hereby confirm that the Poster has remained•in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be ,y'ULY z e p/¢ (Signature) Sworn to before me this Day of fVA-,( , 201z/ • • -� CLAIRE L.(iLEW Notary Public,State of New York No.01 GL4879505 Qualified in Suffolk Coun��jjGG,o Commission Expires Dec.8,Yi(J�� (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. COMPL, THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. 13 item ■ Print your name and address on the reverse X JJJ��� Addressee so that we can return the card to you. B Received y(Pri ted Name) C. to of Delivery ■ Attach this card to the back of the mailpiece, R L^ G 1 or on the front if space permits. 7 D. Is delivery address diffe nt f m item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No /V-Y- //743 3. Service Type [Certified Mail® ❑Priority Mail Express ❑Registered Wheturn Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 2970 0000 4787 4298 (transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt i • • SECTION COMPLETE ■-Complete items 1,2,and 3.Also complete A. item 4 if Restricted Delivery is desired. X ad e ■ Print your name and address on the reverse so that we can return the card to you. B. tinted Nam) )9ate of D ■ Attach this card to the back of the mailpiece, 'Q or on the front if space permits. D. Is delivery address different fro 1. Article Addressed to: If YES,enter delivery address be o ,TA�.�s' Z. Zp'- zCClao�yVg, °Ny 3. Se ice Type certified Mail® ❑❑Priority Mail Express"' Registered id Return Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7011 2970 0000 4787 4274 (rransfer from service/abet) PS Form 3811,July 2013 Domestic Return Receipt NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME : DECROISSET , NICOLAS # 6762 SCTM # : 1 000- 1 1 7- 1 0- 1 9 VARIANCE : �ugLKIiEAD SETBACK � REQUEST: DEMO 8 RECONSTRUCTION OF SINGLE FAMILY DWELLING DATE : THURS . , JULY 10 , 2014 11 : 00AM 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 • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 12, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, July 10, 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 June 23rd: 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 June 30th: 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 July 2"d: 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 July 8, 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. fFI1/Oq 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 26th day of June, 2014. r Principal Clerk Sworn to before me this day of > 2014. plication for building permit for demo- 2014 Notice of Disapproval based on lition and reconstruction of an existing an application for building permit for TINA VOi INSKI accessory building,at: 1) less than the an addition to an existing single fam- code required side yard setback of ily dwelling,at;1)more than the code:-STATE OF NEW YORK 25 feet, located at: 56125 Main Road permitted lot coverage of 20%,located 1V06 10 (aka NYS Route 25) Southold, NY. at:1380Waterview Drive Southold,NY, SCTM#1000-63-3-10 SCTM#1000-78-7-25 in Suffolk County 10:40 A.M. - ROBERT G. WAR- 1:50 P.M - HELEN STRATIGOC ,lrys F(,t,)runrV 28, 2016 DEN and MARGARET S WARDEN #6767- Request for Variances from Ar- #6768 - Request for Variance from ticle XXIII Section 280-124 and Section Article XXIII Section 280-124 and the 280-15(B)(F) and the Building Inspec- Building Inspector's June 6,2014 No- tor's January 27,2014,amended March tice of Disapproval based on an appli- 13,2014 Notice of Disapproval based cation for additions and alterations to on an application for building permit an existing single family dwelling,at:1) for second story addition,to existing LEGAL NOTICE less than the code required minimum single family dwelling and an accessory SOUTHOLD TOWN ZONING rear yard setback of 75 feet, located garage,at;l)less than the code required BOARD OF APPEALS at: 2945 Equestrian Avenue (adj. to combined side yard setback of 25 feet, THURSDAY JULY 10,2014 Little Hay Harbor)Fishers Island,NY. 2),more than the code permitted maxi- PUBLIC HEARINGS SCTM#100-9-3-14.1 mum lot coverage of 20%,3)Accessory NOTICE IS HEREBY GIVEN,pur- 11:00 A.M.-NICOLAS DE CROIS- garage at less than the code required suant to Section 267 of the Town Law SET #6762 - Request for Variances front yard setback of 35 feet, 4) ac- and Town Code Chapter 280(Zoning), from Article XXIII Section 280-124 cessory garage at less than the code Town of Southold,the following public and Article XXII Section 280-116 and required side yard setback of 5 feet,lo- hearings will be held by the SOUTH- the Building Inspector's January 13, cated at: 1500 Sound Beach Drive(adj. OLD TOWN ZONING BOARD OF 2014,amended/renewed April 22,2014 to Long Island-Sound) Mattituck,NY. APPEALS at the Town Hall, 53095 Notice of Disapproval based on an ap- SCTM#1000-106-1-33.1 Main Road, P.O. Box 1179, Southold, plication for building permit for demo- 2:10 P.M. - MMMM BEER. LLC. New . -- New York 11971-0959,on THURSDAY lition of an existing single family dwell- #6770-Request for Variance from Ar- rULY 10,2014. ing and construction of a new single ticle III Section 280-15 and the Build- 9:30 A.M.-KAROL FILIPKOW KI family dwelling,at;l)less than the code ing Inspector's May 28,2014 Notice of #6747 - (Adj. from PH 6/5/2014) Re- required front yard setback of 35 feet, Disapproval based on an application quest for Variances from Article IX 2)less than the code required bulkhead for building permit for an`as built'ac- Section 280-42 & 43 (Bulk Schedule), setback of 75 feet,located at:20 Third cessory storage building,at;1)location and the Building Inspector's March 21, Street(adj.to Great Peconic Bay)New other than the code required rear yard, 2014 Notice of Disapproval based on an Suffolk,NY SCTM#1000-117-10-19 located at:42155 Main Road aka State application for building permit to con- 11:20 A.M. - DOMELUCA LLC Route 25(corner Peconic Lane)Pecon- struct a new building and operate a con- #6766-Request for Variance from Ar- ic,NY.SCTM#1000-75-1-14 tractors' yard at;1)less than the code ticle III Section 280-15 and the Building The Board of Appeals will hear all required front yard setback of 100 feet, Inspector's June 4,2014 Notice of Dis- persons or their representatives,desiring 2)less than the code required side yard approval based on an application for to be heard at each hearing,and/or desir- set.back of 20 feet, 3) more than the building permit to construct in-ground ing to submit written statements before code permitted maximum lot coverage swimming pool,at;l)proposed location the conclusion of each hearing. Each of 20%,located at:41250 County Road other than the code required rear yard, hearing will not start earlier than desig- 48(aka North Road and Middle Road) located at:14909 Main Road(aka State nated above. Files are available for re- Southold,NY.SCTM#1000-59-10-5 Route 25) (adj. to Dam Pond) East view during regular business hours and 9:30 A.M. - KAROL FILIPKOWS- Marion,NY.SCTM#1000-23-1-2.3 prior to the day of the hearing. If you KI#6748SE-(adj.from PH 6/5/2014) 11:40 A.M. - MICHAEL JOHN- have questions,please contact our office Applicant request a Special Excep- SON #6764 - Request for Variance at,(631) 765-1809,or by email: Vicki. tion under Article IX Section 280- from Article XXIII Section 280-124 Toth@Town.Southold.nyus. 41B(2). The Applicant is the owner and the Building Inspector's June 3, Dated:June 13,2014 requesting authorization to operate a 2014,amended June 5,2014 Notice of ZONING BOARD OF APPEALS contractors' yard. Location of Prop- Disapproval based on an application LESLIE KANES WEISMAN, erty:41250 County Road 48(aka North to convert existing unheated enclosed CHAIRPERSON Road and Middle Road)Southold,NY. porch to conditioned living space in an BY:Vicki Toth SCTM#1000-59-10-5 existing single family dwelling, at: 1) 54375 Main Road(Office Location) 10:00 A.M.- MICHAEL RANSON less than the code required minimum 53095 Main Road(Mailing/USPS) #6753-(adj.from June 5,2014 PH)Re- front yard setback of 40 feet,located at: P.O.Box 1179 quest for Variance from Article XXII 38200 Main Road(aka NY State Route Southold,NY 11971-0959 Section 280-116B and the Building In- 25)Orient,NY.SCTM#1000-20-3-14.3 11756-1T 6/26 spector's March 17,2014 Notice of Dis- 1:15 P.M: - THOMAS and KATH- approval based on an application for LEEN BURKE #6763 - Applicant re- building permit for"as built"accessory quests a Special Exception under Article structures (shed/deck),at;1) less than III,Section 280-13B(13).The Applicant the code required bulkhead setback of is the owner requesting authorization 75 feet, located at: 8740 Peconic Bay to establish an Accessory Apartment in Boulevard(adj.to Great Peconic Bay) an accessory structure,locate at:1570 Laurel,NY.SCTM#1000-126-5-2.1 Bray Avenue (corner Fourth Street) 10:20 A.M. - CACI PARTNERS Laurel,NY.SCTM#1000-126-7-26.1 LLC #6761 - Request for Variance 1:30 P.M. - JEWELL GONZA- from Article III Section 280-15B and LEZ #6765 - Request for Variance the Building Inspector's May^28,2014 from Article XXIII Section.280-124 Notice of Disapproval based on an ap- and the Building Inspector's May 12, Office Location: *OF SO!/jg Address: o� yol Mailin Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 • 0 Southold, NY 11971-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 June 3, 2014 JUN - 3 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6762 DE CROISSET,NICOLAS 1000-117-10-19 Dear Mark: We have received an application for demolition and construction of a single family dwelling. 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, LesliWeism Chai By: r 0 0 Office Location: O &rjf $Q�jyol Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 119710 • Q Southold, NY 11971-0959 a http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 June 3, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6762 Owner/Applicant : DE CROISSET, NICOLAS Action Requested: Demolition and construction of a single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesli K Wei man ZB Ch 'r on l' By: Encls. R CHARD �'ATRICIA WOpDARD MARIANNE CARTrRIGHT s 05.00,0071 w ROW OF BUSHES O ' O co t���J g �� WOOD RAI. Wad 8� I O O �..• � eH Sw,n,tp d N BID 4 70.2 co ✓ �lj d 1 STORY FRAME g S 05'00'00" W Z N6w ZI w.6� HOUSE RAaVJ� d.o 233.28' P.Ak ) 32.21 ��.__•.,r . METER STOP— V, TOP—VALVE op .. `' O � ±` BOII�NEAD J VC' a. � 122. � ASPNgCT PAVEyM'• STREET RECEIVED OVERNP win—� NOV 2 3 2009 BOARD OF APPEALS MARK BOECKMAN BOECKMAN BUILDING CONSTRUCTION CORP. GENERAL CONTRACTOR•CUSTOM HOMES•ADDITIONS (631)29&5319(OFFICE) P.O.BOX 1453 (516)383-5985(CELL) MATTITUCK,NY 11962 f'� , SURVEY OF PROPERTY SITUATE NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-10-19 JACKSON STREET SCALE 1"-30' '^ JANUARY 2, 2008 N/o/F wu THOA/AS M. MARTIN JANUARY 20, 2008 VERIFIED HIGH WATER MARK w$ MAY 9, 2009 STAKE PROPERTY LINES & JAYNE P. MARTIN NOVEMBER 19, 2009 UPDATE SURVEY DWELLING mp USES PUBLIC WATER JANUARY 6, 2013 ADDED 1st FLOOR EL. & FLOOD ZONE + 90.00' Foy FEBRUARY 3, 2014 UPDATE SURVEY • F N 8721'00" ED REW .4o LONC 10N MARCH 24, 2014 ADD PROPOSED HOUSE JUNE 2, 2014 REVISE SEPTIC SYSTEM ° X3.J 3F pp 3s.r x� Fvxs AREA = 11,105 sq. ft. LA (TO BULKHEAD) 0.255 cc. • z wuo CERTIFIED TO: O B1` XM .- 5. trP NICOLAS DE CROISSET F-3 cN s1DNE rRAME O FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK O p x� e O ;` Fi� \� x�Ib xs' I. PRPP L!MOLE N b 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM m s2 WATER STEPS FRAME ) EXISTING ELEVATIONS ARE SHOWN THUS:�.O cno m at\ Pry VALVE 93 b 4.8' sNowE a O�iA 2 DEEP Ln EXISTING CONTOUR LINES ARE SHOWN THUS:- - - -6- - - - r- HH 6 x LEACHING POOLS Vl Z m m f • o �,y\ 2. THIS PROPERTY IS IN FLOOD ZONE VE (El 8) AS SHOWN ON 5z y _ • m� Z�\ FLOOD INSURANCE RATE MAP No. 36103CO501 H D" A 9' W 1 A+ • 0,_All a ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); ,... X f� BASE FLOOD ELEVATIONS DETERMINED A n � O • 1 � �0 3. MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1,250 GALLONS. rn ry pw ut yb 1 TANK; 10' DIA., 3' DEEP Ex6TWG 10;DIK X 3'DEEP 1Z .tpmw W 0 SEPTI TANK 4. MINIMUM LEACHING SYSTEM FOR 3 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. 0 Z ILL PROPOSED n 5 POOLS; 2' DEEP, 8' dia. <.3 O O W DET W�ooTD y PROPOSED FUTURE 50% EXPANSION POOL J O k p EXISTING SEPTIC SYSTEM TO BE REMOVED FLAG M rAK u O PDQ x SEE NOTE No. b 0 PROPOSED 8' DIA. X 2' DEEP LEACHING POOL x �� - o �1`.............. „^..y .::._.... des 9 xso xse Ti;'ST HOLE DATA -j"'- x" X_W (TEST HOLE DUG BY MCDONALD GEOSCiENCE ON MARCH 1, 2014) PROPOSED 1,250 GALLON SEPTIC TANK T11 � X�< Ila x1e '° WOOD t>tAxNGD Et.. 5.4' 0' 1KXH n 0 T& DARK BROWN LOAM OL 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD 7F 1.2w. 1 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. a N) srEPs € N Q BROWN CLAYEY SAND SC 6. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND ►� v E.,-°•e' ' 4 B' REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. iUrwcH WAtEN wlec A5 of Dt 2000 WATER IN BROWN CLAYEY SAND SC nE UNE PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED N 89*28'30" W 89'47' 7' BY THE L.I.A.L.S. AND APPROVED AND ADOPTED GREAT PECONIC BA y RECEIVED TIITTLLESASSOCIATIONY THE NEW YORK STATE LAND Y OF NZh, WATER IN BROWN FINE SAND SP �7 � � .§ C�� t1'1E�I JUN 0 3 ?0`1 >� BOARD OF APPF *j PROPOSED SEPTIC SYSTEM DETAIL < HOUSE (NOT TO SCALE) ELEV. 14.fl FINISHED GRADE FINISH GRADE ELEV. 7.7ELEV.6.6' N.Y.S. Lic. No. 50467 ON PILES 24'dio.LACKING,WATERT04T k INSECT PROOF lAhn CAST RON COVER TO GRADE TOP EL. 6.7' 1' MIN. TOP EL. 5.6' f-1' MIN. UNAUTHORIZED ALTERATION OR ADDITION MIN. 4' DA. 6' ED THIS SURVEY IS A VIOLATION OF Nathan Taft Corwin 'I' SEPTIC LEACHING 3' CLEAN SECTION 7209 OF THE NEW YORK STATE INV. El. APPROVED PIPE TANK APPROVED PIPEPOOL m LEACHING f_a SAND EDUCATION LAW. 6.3' min. PITCH 1/4'/1' L, INV min. PITCH 1/8'/1' POOL COLLAR CLASS 2400 PIPE TYP IN 5.5' INV. EL. 4.8' INV. EL. COPIES OF THIS SURVEY MAP NOT BEARING OR BOT. EL. 3.0' }f--8'-�{ 5 D B .8 � i EMBOS ED SEAL SOHALL INOTDBEECONS AL ID Land Surveyor TO BE A VALID TRUE COPY. DISTRIBUTION POOL OF BOT. EL. 2.8' GROUND WATER CERTIFICATIONS INDICATED HEREON SHALL RUN 5 POOL SYSTEM ELEV. 0.8' ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE SEPTIC TANK (1) TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LEACHING POOLS (5) LENDING INSTITUTION LISTED HEREON, AND 1. MINIMUM SEPTIC TANK CAPACITIES FOR 3 BEDROOM HOUSE IS 1,250 GALLONS. TO THE ASSIGNEES OF THE LENDING INSTI- 1 TANK; 10' DIA., 3' DEEP 1. MINIMUM LEACHING SYSTEM FOR A 1 TO 3 BEDROOM HOUSE IS 250 sq n SIDEWALL AREA. TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fox (631)727-1727 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 5 POOLS; 2' DEEP, 8' dia. 3 ALL WALLS. BOTTOMTHICKNESS BAAND TOP SHALL CONTAIN RENFFORCL BE A MINIMUM OF 3". A TOP IINGKNESS OF TO RESISTBANND A APPLIEEDD FORCE OF 30TTOM 0 p�.4w 2. LEACHING POOLS ARE , LI CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) OFFICES LOCATED AT MAILING ADDRESS LEACHING STRUCTURES, SOLID DOMES ANO/OR SLABS. 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. 3. ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (DR EQUAL). THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 11/4') 4. A 10' min. DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. ON A MINIMUM 3'THICK BED OF COMPACTED SAND OR PEA GRAVEL. 5. AN 8' min. DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED. AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. ANY, NOT SHOWN ARE NOT GUARANTEED. BOARD MEMBERS fjf S0� Southold Town Hall Leslie Kanes Weisman,Chairperson �� jy010 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 Horning %2p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YCQU01 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631) 765-9064 July 25, 2014 Michael A. Kimack 321 Riverside Drive Riverhead,NY 11901 RE: ZBA Application#6762-DeCroisett Dear Mr. Kimack: Transmitted for your records is a copy of the Board's July 24, 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. Sinc/errelly,, �l.�t� Vicki Toth Encl. Cc: Building Dept.