Loading...
HomeMy WebLinkAbout6774kAn&s, 4- e - y- i ]to 5 tomes -f -R,.f kl4p e- f1f SI 9/4//Y be4q I -edtC-7;W4-, M* 114 "/,f/ty y BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD SEP - 8 2014 Tel. (631) 765-1809 • Fax (631) 765-9064Q .'Q: outhold T�k FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 4, 2014 ZBA FILE: 6774 NAME OF APPLICANT: Alexander Kofinas, as Trustee --- - 6 PROPERTY LOCATION: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-- �- _" 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 1414 to 23, and the Suffolk County Department of Planning issued its reply dated July 23, 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 31, 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. As recommended in the LWRP Memorandum, to mitigate the inconsistency the applicant shall install a perpetual Landscaped Buffer landward from the wood retaining wall and the applicant shall also remove the subject as -built storage structure and deck, all of which will make the proposed construction CONSISTENT with the LWRP. The Buffer shall be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs. Landscaped Buffer defined — A land area of a certain length and width which is planted with indigenous, drought -tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain view sheds, replanting of vegetation and establishing a four -foot -wide access path constructed of pervious material for access to the water body. PROPERTY FACTS/DESCRIPTION: Subject parcel is a conforming 41,164 sq. ft. located in a R40 zone. It is improved with a single family dwelling, accessory garage and accessory deck/storage deck. It has 140.00 feet of frontage on West Road, 285.32 feet along the east property line, 140.59 feet on Peconic Bay and 303.3 feet on the west property line as shown on the site plan (S-1) prepared by Mark Schwartz, RA, dated August 13, 2014. Page 2 of 3 —September 4, 2014 ZBA#6774 — Kofmas SCTM# 1000-10-7-4 -f� () 'A1� BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B and Article III Section 280-15 and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re -build a single family dwelling with pool surround, cabana and legalize an "as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage shed and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed in location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to; 1.) To construct a new dwelling having a 55 foot bulkhead setback where the code requires a 75 foot setback, 2.) To maintain an as built storage structure with deck at a 10 foot rear yard setback where the code requires a minimum 15 foot setback and located with a 0 foot bulk head setback where the code requires a minimum of 75 feet, 3.) To construct an accessory pool cabana in the side yard where the code requires a rear yard or front yard location for water front parcels. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on August 13, 2014 submitted a plan increasing the bulkhead setback of the proposed dwelling to 62.2 feet. Additionally, the Board received a letter from the applicant's agent, dated August 27, 2014, stating that the applicant will remove the subject as -built storage structure and deck so as to clear this violation and variance request from the Notice of Disapproval, thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: A letter with concerns was received from an adjoining neighbor. A letter in support of the variances requested was received from a neighbor, FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7, 2014at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-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 dwelling will be setback similar to other dwellings in this neighborhood. The adjoining property owners to the east and west have similar setbacks from the bulkhead to what the applicant proposes. 2. 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 proposed dwelling could be located at a conforming bulkhead set back, however this would require additional excavation and the removal of large mature trees. The proposed cabana in the side yard is the most feasible location due to proximity to the pool. 3. Town Law 5267-b(3)(b)(3). The variances granted herein for the proposed dwelling is mathematically substantial, representing 17.3% relief from the code. However, the proposed location is similar to what exists in the neighborhood and the proposed new dwelling will be set back further than the existing dwelling that is to be demolished. The variance granted herein for the accessory cabana is mathematically substantial representing 100% relief from the code. However, the cabana will have a conforming side yard setback location. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. l.� Page 3 of 3 — September 4, 2014 ZBA#6774 — Kofmas SCTM#1000410-7-4 6. Town Law 4267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a new dwelling with an accessory cabana, 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 Weisman (Chairperson), and duly carried, to DENY as applied for, the new dwelling and as -built storage structure with deck. GRANT the RELIEF AS AMENDED and shown on the site plan labeled sheet S-1 prepared by Mark Schwartz, RA and dated August 13, 2014 as follows: the new dwelling with raised patio shall be setback no less than 62.2 feet from the bulkhead and the pool cabana shall be setback no less than 68.2 feet from the bulkhead. CONDITIONS: 1. The applicant shall install a perpetual Landscaped Buffer landward -from the wood retaining wall. The Buffer shall be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs. The LANDSCAPED BUFFER area shall be staked prior to any construction on-site. 2. Pool mechanicals shall be placed is a sound deadening enclosure. 3. Drywell for pool de -watering shall be installed. 4. The as -built storage structure with deck shall be removed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan andlor 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). e neth Schneider, Acting Chairperson Approved for filing e? / S_ /2014 D - Michael A. Kimack Attorney t Law o 321 Riverside Drive Riverhead, New York, 11901 Tel. 516-658-6807 E-mail: mkimack2kverizon.net August 27, 2014 AUG 2 7 2014 30ARD 01FAPPEALS To: The Zoning board of Appeals Board Subject: Kofinas: rile No. 6774 Purpose: Removal of violation for "as built" storage/ deck under Article XX 11, sections 280-15B and 280-116 and request for approval of granting a variances for the remaining violations. The intent of this letter is to inform the Board that Mr. Kofinas will remove the "as built storage/deck in order to clear this violation from the Notice of Disapproval regarding an application for a building permit dated June 14,2014 at his residence at 805 West Road in Cutchogue. As such, we respectfully request the Board approve variances re -build a single family dwelling with pool surround and cabana with a revised setback of not less than 62.2 feet from the existing bulkhead at its closest point and the accessory pool cabana located in other than the rear yard at your next public hearing scheduled for September 4, 2014. In an effort to commence construction this season, and not forego another month due to the Trustees next scheduled hearing falling one day before your next special meeting on September 18., we would request the Board take an action affirming your intent to grant the above referenced variances and inform the Trustees in an appropriate manner. Based upon your vote and intent to formally reaffirm, we would urge the Trustees include our Wetlands permit application for discussion at their September 17 public hearing. Thank you for your consideration in this matter. cc. Alex Kofinas Southold Board of Trustees, by hand Sincerely, 'Michael A. Kimack FINAL. MAP REVIEWED BY ZBA SEE DECISION # L-1 4 DATED�l /_�_ /ao L, GENERAL: DRY WELLS MUST NOT BE USED WHERE THERE INSTALLATION WOULD CREATE A SIGNIFICANT RISK FOR BASEMENT SEEPAGE OR FLOODING, CAUSE SURFICIAL FLOODING OF GROUNDWATER, OR INTERFERE WITH THE OPERATION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS AND OTHER SUBSURFACE STRUCTURES. DRY WELLS MUST BE LOCATED AND CONFIGURED WHERE THEIR CONSTRUCTION WILL NOT COMPACT THE SOILS BELOW THE DRY WELL FINALLY, A DRY WELL SHOULD BE PROTECTED BY EASEMENT, DEED RESTRICTION, ORDINANCE, OR OTHER LEGAL MEASURES THAT PREVENT ITS NEGLECT, ADVERSE ALTERATION, AND REMOVAL. THE BOTTOM OF THE DRY WELL MUST BE AT LEAST 2 FEET ABOVE SEASONAL HIGH WATER TABLE OR BEDROCK AND BE AS LEVEL AS POSSIBLE TO UNIFORMLY DISTRIBUTE RUNOFF INFILTRATION OVER SUBGRADE SOILS. CONSTRUCTION: FOR DRY WELLS, PROTECTION OF THE SUBGRADE SOILS FROM COMPACTION BY CONSTRUCTION EQUIPMENT AND CONTAMINATION AND CLOGGING ARE VITAL. PRIOR TO ITS CONSTRUCTION, THE AREA TO BE USED FOR THE DRY WELL SHOULD BE CORDONED OFF TO PREVENT CONSTRUCTION EQUIPMENT AND STOCKPILED MATERIALS FROM COMPACTING THE SUBGRADE SOILS. DURING DRY WELL CONSTRUCTION, PRECAUTIONS SHOULD BE TAKEN TO PREVENT BOTH SUBGRADE SOIL COMPACTION AND SEDIMENT CONTAMINATION. ALL EXCAVATION SHOULD BE PERFORMED WITH THE LIGHTEST PRACTICAL EXCAVATION Q ALL EXCAVATION EQUIPMENT. EQUIPMENT SHOULD Q BE PLACED OUTSIDE THE LIMITS OF THE DRY WELL. TO HELP PREVENT SUBGRADE SOIL CONTAMINATION AND CLOGGING BY SEDIMENT, DRY WELL CONSTRUCTION SHOULD BE DELAYED UNTIL ALL OTHER CONSTRUCTION SHOULD BE DELAYED UNTIL ALL OTHER CONSTRUCTION AREAS THAT MAY TEMPORARILY OR PERMANENTLY DRAIN TO THE DRY WELL ARE STABILIZED. THIS DELAYED CONSTRUCTION EMPHASIS THE NEED, AS DESCRIBED ABOVE, TO CORDON OFF THE DRY WELL AREA(S) TO PREVENT COMPACTION BY CONSTRUCTION EQUIPMENT AND MATERIAL STORAGE DURING OTHER SITE CONSTRUCTION ACTIVITIES. SIMILARLY, USE OF THE DRY WELL AS A SEDIMENT BASIN IS STRONGLY DISCOURAGED. WHERE UNAVOIDABLE, EXCAVATION FOR THE SEDIMENT BASIN SHOULD BE A MINIMUM OF 2 FEET ABOVE THE FINAL DESIGN ELEVATION OF THE DRY V'UELL BOTTOM. ACCUMULATED SEDIMENT CAN THEN BE REMOVED WITHOUT DISTURBING THE SUBGRADE SOILS AT THE DRY WELL BOTTOM, WHICH SHOULD BE ESTABLISHED ONLY AFTER CONSTRUCTION WITHIN THE DRY WELL'S DRAINAGE ARE IS COMPLETED AND DRAINAGE AREA STABILIZED. IF DRY WELL CONSTRUCTION CANNOT BE DELAYED UNTIL ITS DRAINAGE AREA IS STABILIZED, DIVERSION PIPING OR OTHER SUITABLE MEASURES SHOULD BE INSTALLED DURING ALL PHASES OF CONSTRUCTION TO DIVERT ALL RUNOFF AND SEDIMENT AWAY FROM THE DRY WELL. THESE DIVERSION MEASURES SHOULD NOT BE REMOVED UNTIL ALL CONSTRUCTION WITHIN THE DRY WELL'S DRAINAGE AREA IS COMPLETED AND THE DRAINAGE AREA STABILIZED. STONE FILL AGGREGATE SHOULD BE PLACED IN LIFTS AND COMPACTED USING PLATE COMPACTORS. A MAXIMUM LOOSE LIFT THICKNESS OF 12 INCHES IS RECOMMENDED. PRETREATMENT: AS WITH ALL OTHER BEST MANAGEMENT PRACTICES, PRETREATMENT CAN EXTEND THE FUNCTIONAL LIFE OF A DRY WELL. WHILE GENERALLY NOT A SIGNIFICANT SOURCE OF RUNOFF POLLUTION, ROOFS CAN NEVERTHELESS BE THE SOURCE OF PARTICULATES AND ORGANIC MATTER AND, DURING SITE CONSTRUCTION, SEDIMENT AND DEBRIS. THEREFORE, ROOF GUTTER GUARDS AND / OR SUMPS OR TRAPS (EQUIPPED WITH CLEAN -OUTS) IN CONDUITS TO A DRY WELL SHOULD BE INCLUDED WHEREVER PRACTICAL TO MINIMIZE THE AMOUNT OF SEDIMENT AND OTHER PARTICULATES THAT CAN ENTER THE DRY WELL. 11-11-10' DRY WELLS TO BE 10' MIN. AWAY FROM HOUSE PECONIC BAY N 26 R W OO �i 41,184 SQ. FT. 16 3: I EL. 4.1' .� O Z > I I ?Iz 1 Z (DWELLING, PUBLIC WATER) N O t 8'dia, 4'deep --------------------- N 12.9, :..............}.. � = 8'dia, 6'deep / I DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED, TILL THE SOIL FIRST, AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT 7 END LOADER. PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. �ATCH BASIN / FROM BULKHEAD DRYWELL I A). IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS, OVER DIG BY 3 - 4 FEET. / o / RAISED GEN 18 20 / If v � 3 CU. YD. D / I ' r/ TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. 26 I O 30 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE. PITCH GRADE ALONG PERIMETER 32/ v I m /I------ -/ - -- SEPI C.-TAD-RE� -------- --tftT- /------- 7` ' m -�-- --- /- v M 10.0' 2421.7 SQ. FT. 5.4% m 100 CU. YD. RAINING WALL - 614.2 SQ. FT. 1.5% / LIMITS OF PROPOSED NORTH PORCH: 85`: 69.0' I/ / / I / / I N/O/F O FRAMED N / -_ -_ -_ -_ -_ -_ -_ 4 € ?, _ ': u,, _ DOUSE m:U x v OO �i 41,184 SQ. FT. W 3: PAT LAVARONE O 66.5' W Z > I I ?Iz 1 Z (DWELLING, PUBLIC WATER) N TO BE REMOVED/ t 8'dia, 4'deep --------------------- N 12.9, :..............}.. / / 50' SETBACK 8'dia, 6'deep 4. 20.0' DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED, TILL THE SOIL FIRST, AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT 7 END LOADER. PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. �ATCH BASIN / FROM BULKHEAD DRYWELL I A). IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS, OVER DIG BY 3 - 4 FEET. / B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR / RAISED GEN 18 20 / 22 24 / BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIONS). 3 CU. YD. -303.3 4 ' i RETAINING WALL TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. 26 281 30 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE. PITCH GRADE ALONG PERIMETER 32/ (WHERE POSSIBLE) OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH /I------ -/ - -- SEPI C.-TAD-RE� -------- --tftT- /------- ---- -�-- --- /- - / PROPOSED NEW HOUSE: 2421.7 SQ. FT. 5.4% 350 CU. YD. 100 CU. YD. RAINING WALL - 614.2 SQ. FT. 1.5% / LIMITS OF PROPOSED NORTH PORCH: .. 0.4% 35 CU. YD. 10 CU. YD. PROPOSED RAISED PATIO, PERGOLA: 1937.4 SQ. FT. 4.9% 150 CU. YD. 50 CU. YD. PROPOSED NEW POOL: 1,034.0 SQ. FT. RINGON ..:... ..... 250 CU. YD. 50 CU. YD. PROPOSED CABANA 168.8 SQ. FT. 0.4% 50 CU. YD. 10 CU. YD. / _::r..::::r dia, 4'deeP O iY) 50 CU. YD. 75 CU. YD. PROPOSED SEPTIC SYSTEM: WALKWAY 75 CU. YD. 50 CU. YD PROPOSED DRYWELLS: TEST HOLE / EL. 24.1' / To ERMAINONSTEWSTEFO0. _ :== ouRATIONOF_C9wsr�n�i 8'dia, 4'deep DRYWELL w/ MPERVl4415 DR){WELLw/ °° `" " uce) - %as 'l Lo U I / 6846.7 SQ. FT. 17.2% 1152 CU. YD. 413 CU. YD. Em,W uu PLANTER O PLANTER `^ CATCH BASIN r Ei1tIVEWAY I/ / / I / / I 0' DARK BROWN LOAM 1' OL BROWN CLAYEY SAND SC 4' PALE BROWN FINE TO MEDIUM SAND SP L - - J 17' TEST HOLE McDONALD GEOSCIENCE 12/26/2013 HOUSE ROOF AREA: 4151 SQ. FT. AT 100% WATER RUNOFF: 700 CU. FT. PROVIDE (3) V DIA. X 6' DEEP DRYWELLS DRYWELLS CAPACITY: 760 CU. FT. CABANA ROOF AREA: 445 SQ. FT. AT 100% WATER RUNOFF: 75 CU. FT. PROVIDE (1) 8' DIA. X 2' DEEP DRYWELLS DRYWELLS CAPACITY: 84 CU. FT. rA 9.2 30.4' / .9 34 15.5' 11.0' 1 I Ln N / RAISED PLANTER / o / """"' ON SITE �T REMAIN OIN PORT A- o PATIO / :::...... +' OF CQNST CT N I / �� 1'' EP 1 / LIMITS OF 8 - CLEARING z .-•-•-•- ASH OUT ------_/ LOCATION--- o _-•°`-`� _._ 0 2 STY. W ' I r O FRAMED N / -_ -_ -_ -_ -_ -_ -_ 4 € ?, _ ': u,, _ DOUSE m:U x v OO �i 41,184 SQ. FT. W 3: o O 66.5' W Z > I I ?Iz 1 Z 68.2' 0' DARK BROWN LOAM 1' OL BROWN CLAYEY SAND SC 4' PALE BROWN FINE TO MEDIUM SAND SP L - - J 17' TEST HOLE McDONALD GEOSCIENCE 12/26/2013 HOUSE ROOF AREA: 4151 SQ. FT. AT 100% WATER RUNOFF: 700 CU. FT. PROVIDE (3) V DIA. X 6' DEEP DRYWELLS DRYWELLS CAPACITY: 760 CU. FT. CABANA ROOF AREA: 445 SQ. FT. AT 100% WATER RUNOFF: 75 CU. FT. PROVIDE (1) 8' DIA. X 2' DEEP DRYWELLS DRYWELLS CAPACITY: 84 CU. FT. rA 9.2 30.4' / .9 34 15.5' 11.0' 1 I Ln N / RAISED PLANTER / o / """"' ON SITE �T REMAIN OIN PORT A- o PATIO / :::...... +' OF CQNST CT N I / �� 1'' EP 1 / LIMITS OF 8 - CLEARING z .-•-•-•- ASH OUT ------_/ LOCATION--- o _-•°`-`� _._ 0 2 STY. W ' I _ _j€ POOL ,ri, LL•: LOT COVERAGE: FRAMED N / -_ -_ -_ -_ -_ -_ -_ 4 € ?, _ ': u,, _ DOUSE m:U x v 8'dia, 4'deep IMPERVIOUS DRYWELLw/ '% DRI. EWAY �i 41,184 SQ. FT. W : - _:_:_:_:_:_:_: p`Ip € I ` 1 CATCH BASIN ; / p� i I EXISTING ARBOR 14.5' • v �'• : .,'• � ij 2 , 5. - _ Uri ::>:;': deep :€I`ARKII♦jG . ; �' COURT: INSTALLED WHERE VEHICLES ENTER THE JOB SITE. N TO BE REMOVED/ t 8'dia, 4'deep --------------------- N 12.9, :..............}.. / / D(2YWELL w/ 4. 20.0' DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED, TILL THE SOIL FIRST, AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT 7 END LOADER. PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. �ATCH BASIN / -----------• SCREENED A). IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS, OVER DIG BY 3 - 4 FEET. / B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR / RAISED GEN PORCH 12.8' HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHICH THE SLOPE IS STABLE, USSUALLY PATI 1 CN O 28 0'. GARA'Gj�,'', m BURIED PROPANE n =CLEAR OF ' ' ' ' ' ' ' ' ' ' I / N TANK (LOCATION TBD) T� , �::ill:iol:i;::i:;:i,:;i;IIi;IIitl:ei ' NGI 1 iiiiiiiiiiiiii, = 1 / 11.1111111111111 CONC & WA 10.4' CABANA RETAINING cv i 1 °' WALL p PLOOOLl UTION INT DR 8 ELL O Y Y CN ♦ /� ♦ i / 04 ♦/ 8'dia, 2'deep DRYW LL r--� 1 PROVIDE SOUND ATTENUATION 50' SETBACK SURROUND FOR POOL EQUIPMENT FROM BULKHEAD ..... / SITE CLEARING: CLEARANCE OF MINIMUM SITE WORK AS NEEDED. INSTALL BERMS, HAYBALES, SILT FENCING AS REQUIRED. RUNOFF LOT COVERAGE: - ----- la, DRYW CATC e p IItt w/ BTASIN OF UNDERGROUND WIRES, CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE 41,184 SQ. FT. AREA IS CLEAR. CLEAR THE SITE AT LEAST 20 - 25 FEET (IF APPLICABLE) FROM THE PROJECT PERIMETER. DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION; DISTURB VEGETATION ONLY AS NEEDED, THEN RESEED OR REPLANT AS SOON AS PROPERTY WETLANDS: / AREAS WITH FENCING OR OTHER BARRIERS. PLACE BARRIERS AROUND THE DRIP -LINE OF TREES TO PREVENT INJURY TO THE ROOT EXISTING ARBOR SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS, A TEMPOARY GRAVEL DRIVEWAY SHOULD BE 39,966 SQ. FT. INSTALLED WHERE VEHICLES ENTER THE JOB SITE. N TO BE REMOVED/ 3 8'dia, 4'deep M / IMPERVIOUS DRIVEWAY / / D(2YWELL w/ DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED, TILL THE SOIL FIRST, AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT :----- END LOADER. PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. �ATCH BASIN / -----------• 25 CU. YD. A). IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS, OVER DIG BY 3 - 4 FEET. / B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR i GEN EXISTING PATIO (TO REMOVE): HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHICH THE SLOPE IS STABLE, USSUALLY BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIONS). 3 CU. YD. A). AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. 4 STORM WATER RUNOFF CONTROL: INSTALL DRYWELLS (AND SEPTIC IF NEEDED) DURING CONSTRUCTION. GUTTERS AND DOWN SPOUTS i RETAINING WALL TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. LIMITS OF CLEARING N/O/F ITS MY WAY LLC N / 0 / F C.A. BRAUTIGAN (CESSPOOL 150') SITE PLAN SCALE: 1" = 20'-0' SEQUENCE OF PROJECT: 7 W� / (160) O EX. Wm 36 I / TOP SOIL / LOCATION / 20.4' EXISTIN �� � GARAGE 0 / 6.4' O -oo / S 26024'30" E P E Q U A S H 1 SITE CLEARING: CLEARANCE OF MINIMUM SITE WORK AS NEEDED. INSTALL BERMS, HAYBALES, SILT FENCING AS REQUIRED. RUNOFF LOT COVERAGE: PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION. EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS FILL: OF UNDERGROUND WIRES, CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE 41,184 SQ. FT. AREA IS CLEAR. CLEAR THE SITE AT LEAST 20 - 25 FEET (IF APPLICABLE) FROM THE PROJECT PERIMETER. DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION; DISTURB VEGETATION ONLY AS NEEDED, THEN RESEED OR REPLANT AS SOON AS PROPERTY WETLANDS: PRACTICAL. LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE - DO NOT DRIVE OVER UNCLEARED AREAS. PROTECT UNCLEARED AREAS WITH FENCING OR OTHER BARRIERS. PLACE BARRIERS AROUND THE DRIP -LINE OF TREES TO PREVENT INJURY TO THE ROOT SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS, A TEMPOARY GRAVEL DRIVEWAY SHOULD BE 39,966 SQ. FT. INSTALLED WHERE VEHICLES ENTER THE JOB SITE. 2 POLLUTION CONTROL: CONSTRUCTION DUMPSTER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. 3 SOIL CONTROL: EXCAVATED SOIL TO BE RETAINED ON SITE AS INDICATED ON SITE PLAN. RETAIN AS MUCH TOP SOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE. EXCESS FILL TO BE SHIPPED OFF SITE. CONTRACTOR AND EXCAVATOR SHALL INSPECT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS. ANY DIGGING WITHIN 24 ICHES OF UTILITY MUST BE DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED, TILL THE SOIL FIRST, AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT END LOADER. PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. EXISTING HOUSE (TO REMOVE): EXCAVATION SHOULD BE AS LEVEL AS POSSIBLE. SET ELEVATION BENCH MARK PRIOR TO EXCAVATION. OVER DIG FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOR A WELL -DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK. 25 CU. YD. A). IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS, OVER DIG BY 3 - 4 FEET. 438.1 SQ. FT. B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR 5 CU. YD. INSTALL SHORING. EXISTING PATIO (TO REMOVE): HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHICH THE SLOPE IS STABLE, USSUALLY BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIONS). 3 CU. YD. A). AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. 4 STORM WATER RUNOFF CONTROL: INSTALL DRYWELLS (AND SEPTIC IF NEEDED) DURING CONSTRUCTION. GUTTERS AND DOWN SPOUTS TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. EXISTING DETACHED GARAGE: UNDERGROUND HOOKUPS (ELECTRIC, WATER, GAS, ETC.) TO BE INSTALLED. 5 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE. PITCH GRADE ALONG PERIMETER (WHERE POSSIBLE) OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH 414.6 SQ. FT. DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. MEETS &BOUNDS BY: PECONIC SURVEYORS DATED: NOV. 20, 2013 JAN. 179 2014 (B.O.H.) AVENUE EL. 36.7' (DWELLING, PUBLIC WATER) SITE DATA: FINAL MAP REVIEWED Ey ZIP SEE DECISION # DATED CA SCTM # 1000-110-07-04 -7 RECEIVED AUG 13 2014 ZONING BOARD OF APPEALS DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 41,184 SQ. FT. .95 ACRES PROPERTY WETLANDS: 1,218 SQ. FT. BUILDABLE PROPERTY: 39,966 SQ. FT. ESTIMATED AREA OF GROUND DISTURBANCE: 20,000 SQ. FT. EXISTING HOUSE (TO REMOVE): 1909.7 SQ, FT. 100 CU. YD 25 CU. YD. EXISTING PORCH/DECK (TO REMOVE): 438.1 SQ. FT. 5 CU. YD. 5 CU. YD. EXISTING PATIO (TO REMOVE): 422.0 SQ. FT. 2 CU. YD. 3 CU. YD. EXISTING DETACHED GARAGE: 393.7 SQ. FT. 1.0% EXISTING BULKHEAD DECK: 414.6 SQ. FT. 1.0% PROPOSED NEW HOUSE: 2421.7 SQ. FT. 5.4% 350 CU. YD. 100 CU. YD. PROPOSED SCREENED PORCH: 614.2 SQ. FT. 1.5% 10 CU. YD. 5 CU. YD. PROPOSED NORTH PORCH: 162.3 SQ. FT. 0.4% 35 CU. YD. 10 CU. YD. PROPOSED RAISED PATIO, PERGOLA: 1937.4 SQ. FT. 4.9% 150 CU. YD. 50 CU. YD. PROPOSED NEW POOL: 1,034.0 SQ. FT. 2.6% 250 CU. YD. 50 CU. YD. PROPOSED CABANA 168.8 SQ. FT. 0.4% 50 CU. YD. 10 CU. YD. W U SEPTIC SYSTEM TO REMOVE O °O U 50 CU. YD. 75 CU. YD. PROPOSED SEPTIC SYSTEM: 0 c -i N � 75 CU. YD. 50 CU. YD PROPOSED DRYWELLS: r - 75 CU. YD. 30 CU. YD. CIJC3 0 aj 0 uce) In ++ � %as 'l Lo U TOTAL: 6846.7 SQ. FT. 17.2% 1152 CU. YD. 413 CU. YD. REVISIONS: O Q a W o H a O h� a� W U O °O U m 0 c -i N � L� � u vi O +V+ r - wLo V CIJC3 0 aj 0 uce) In ++ � %as 'l Lo U ^-I 4 v u') v lil o Em,W uu O DRAWN: MH / MS SCALE: 1" = 20' JOB #: August 13, 2014 SHEET NUMBER: S.1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider August 12, 2015 Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead, NY 11901 RE: ZBA#6774 - Kofinas Dear Mr. Kimack: Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 I have reviewed your letter dated August 7, 2015 requesting a de minimus determination in the above referenced ZBA decision. Your proposal is to amend condition #4 in the decision by removing the upper deck and reducing the shed and lower deck. I have reviewed the original decision and approved survey in the file and have determined your request is not de minimus in nature. The decks and shed were `as built' structures with no permits or CO's. To be clear the decks, upper and lower, are and were considered one structure along with the storage shed and are to be removed in their entirety as stated in the decision. Please return to the building department for further action. mce ely, Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Cc: Building dept. file 7 Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead, New York, 11901 Tel. 516-658-6807 E-mail: mkimack2ga verizon.net August 7, 2015 To: Zoning board of Appeals Subject: ZBA File: 6774 Request for reconsideration ('114, a ErvE® AUG 2 0 2015 «.Iyilyli BOARD OF APPEALS On September 15, 2014, the above referenced permit was issued to Alexander Kofinas, as Trustee. Under conditions (4), the as -built storage shed with deck shall be removed. The as -built storage shed is covered by a deck that is approximately 23 feet 81/2" in length and 18 7" feet in width which seaward side is even with the bulkhead. That deck will be removed in accordance with the condition set in the permit. We wish to ask for reconsideration for the removal of the entire storage shed. Presently, the shed is 6 feet 8" in width by 20 feet 21/2"in length. We would request that Mr. Kofinas be allowed to preserve a storage shed of 6'8'x 16" by removing 4' from the westerly side. The permit made no mention of the lower deck. It just referred to a singular deck. Presumably, the lower deck which sits on the bulkhead and provides access to the shed was not part of the removal condition. That deck is 10'3" in width and 36' 1' in length. As part of our request to preserve a portion of the storage shed, we would remove a 10'3" x 12 ` section of deck (123sgft.) to line up with the westerly side of the storage shed. Thank you for your consideration in this matter Sincerely, I N/O/F PAT LAVARONE (DWELLING, PUBLIC WATER) 50' SETBACK HAY BALES / FROM $ LKHEAD SILT FENCE T;� W 16 1B F 20 22 ' 24 26 / 28/ 3,-303.3 ' 32/ " �I / / - -7- PRePe5mfoNe-ffwsf - / -i- __.. : __. P OPOSED REF IN W LL TEST HOLE EP ♦1 / c°amurn°w wMmm LIMITS OF�,lON' nuwN avmcronO1 I B'da, 6'd¢ep EL 4.1' \°uca�nmc A l G i bRPROPOSED SEPTIC SYSTE- / ROPJXElkJED E PROPOSED PLAN ER 69.0' 9.2': -DRIVEWAY / 34 .4' 155' 11.0' /o I I / N PRGPOSED N ; r / 137.9%f- ♦ ,o'RAISED PROPbSED EXISTING SEPTICTOBE/'B'dla, 6deep PATIO PLANTER REMOVED PE SCHDS RE �arn DRYWELL LIMITS OF REMOVE DECK AND / ...... . //"' F"'1 ;/ / � CLEARING STORAGE SHED BELOW F / 1 / i -'-•----3.0' i2'IP DRAIN NON-NRFI1 I n BUFFER rt' - 1 a i I � / • W - W JJ WASH 9UT / / -{I _ - -•7 m g /• �/ LOCATION 1 , / `" " 9! PROPOSED 2 STY. N PROPOSED / i / - - / I (PROPOSED _ IMPERVIOUS - - ♦ `, Z ` ;I POOL - _ - FRAMED HOUSE 1 _ 1 DRIVEWAY � -/ I 7 W P E C O N I C m / I of I-4d"s^'� �' \ � f� / IB 6'deep / // _ / D6o1 O EX. B p �/ 62.5'RYWELL P A [ 5.� 6 a, deep a WM 1 !,/� ; / Pfj;O OSED z � I 3 I I a. zo.o' I 12.9' ;1 .7' FA KING ' < TOPSOIL / URT / �+1 I PROPOSED 'y PRO�SED LOCATION I RAISED ✓ SC,REENED I/ O W a PATIO b♦ I; ,PORCH § NEW BURIED PROPANE I / / O O 1 N 2e.o: ', PROPCiSiIj �, rANR (EOCATION reP1 / m -i LIMIT OF '{ I �,e ; t GARAt,E',� CONSTRUCT 2 TIER RETAINING O i CLEAR NG I I I II I Ij SjFj{. 1 WALLS AT 6T EACH O 1 I I �k- •---------•'-----"--i.. _ ^•.�,'i l / 116.6 / / o i D.� V: �^ DE / / DO Z I :I I \ E„ PROPOSED - R D iV / r ! / / P POSED > CABANA ETAINING i - ♦ EXISTING ARBOR ENDED Z 66.2 ' WAu y ,�w,a (/ .d• / BDRYWELLp Ln DRYWELLp TO BE REMOVED/ / ROOF EXIST N I ,cee. 1 =- , L ♦ 89a, 6'deep / _ a F _ /,. _ _ _ i i / / GARA E r•� - - 2 _ _ Q I ( O i ♦ i I \, N ..,,° I 60.YWELL 1 ./' \ - / `. -A 6. ♦I / dla. 8'dgep CATCH � � / � / • PROPOSED I� ERdI0U5 DRIVEWAY� / •v: �C I I/ dla,�1'deep rdia,2'deep / GEN RYWELL BASIN cd / m I 2 O i e PROPOSED RETAINING WALL, O PROVIDE SOUND ATTENUATION LIMITS OF 50' SETBACK SURROUND FOR POOL EQUIPMENT CLEARING FROM BULKHEAD (UNDEVELOPED) ITS / WAY LLC SITE DATA: SCTM # 1000-110-07-04 - - - - - DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 41,184 SQ. FT. .95 ACRES fY z � PROPERTY WETLANDS: 1.218 SQ. FT. v m c� vt m BUILDABLE PROPERTY: 39,966 SQ. FT. z Lw Lw 0 ESTIMATED AREA OF GROUND DISTURBANCE: 20,000 SQ. FT. i c I/ EXISTING DETACHED GARAGE: 393.7 SQ. FT. 1.0% EXISTING BULKHEAD DECK: 414.6 SQ. FT 1.0% PROPOSED NEW HOUSE: 2421.7 SQ. FT. 5.4% 350 CU. YD. 100 CU. YD. PROPOSED SCREENED PORCH: 614.2 SQ. FT. 1.5% 10 CU. YD. 5 CU. YD. PROPOSED NORTH PORCH: 162.3 SQ. FT. 0.4% 35 CU. YD. 10 CU. YD. PROPOSED RAISED PATIO, PERGOLA: 1937.4 SQ. FT. 4.9% 150 CU. YD. 50 CU. YD. PROPOSED NEW POOL. ' 1,034.0 SQ. FT. 2.6% 250 CU. YD. 50 CU. YD. PROPOSED CABANA,; '' 168.8 SQ. FT 0.4% 50 CU. YD. 10 CU. YD. SEPTIC SYSTEM TO REMOVE 56 CU. YD. 75 CU. YD. PROPOSED SEPTIC SYSTEM: 75 CU. YD. 50 CU. YD PROPOSED DRYWELLS: 75 CU. YD. 30 CU. YD. TOTAL: 6846.7 SQ. FT. 17.2% 1152 CU. YD. 413 CU. YD. O F C.A. BRAUTIGAN (CESSPOOL 150') SIl'E PLAN. SCALE: 1" = 30'-0' 1. i PEQUASH AVENUE ASPHALT OR COBBLESTONE bliq REcEIVFO AUG 10 2015 BOARD OFAPPE ALS I REVISIONS:I JOB #: July 10, 2015 SHEET NUMBER: S-1 Q� O w Q fY z � V v m c� vt m u w= d z Lw Lw 0 i c I/ I REVISIONS:I JOB #: July 10, 2015 SHEET NUMBER: S-1 % , REVISIONS: RECEIVED .JUL Q 1 2(114 IN,,'/�. BOARD OF APPEALS ..,18,11 PROPOSED NORTH ELEVATION SCALE: 1/8" = 1' I DRAWN: MH/MS I JOB #: June 26, 2014 SHEET NUMBER: A-1 REVISIONS: 1�',/�. e u un d � e u r s d W � z o O Q a Q w H wEll L/1 cn O W P-. 0 O 0 a M� w onC) WO � � U 0 m U O u DRAWN: MH/MS SCALE: 1/4 -P -O" JOB #: June 26, 2014 SHEET NUMBER: A-2 RECEIVED JUI, 01 Mm BOARD OF APPEALS 2�` PROPOSED SOUTH ELEVATION SCALE: 1/8" = 1' REVISIONS: e U � w a v �z v' a W V1 z o H 0 > a w Q ti w ] � o 0 A P-, o a 0 a a� w � 3U 0�0 � °O U DRAWN: MH/MS SCALE: 1/4"=1'-0" JOB #: June 26, 2014 SHEET NUMBER: A-3 mom SEEM MEN 111101 1 mom ■ mom Em■ MOO ON .0,00 Out MEA mom■ mom .1 REVISIONS: `IA,+(t'�� o cn o �� r4 �xCd tzi 00 u DRAWN: MH / MS SCALE: 1/4-F-0" JOB #: June 26, 2014 SHEET NUMBER: A-4 . �_o '-------'----' GARAGE �U__ - -' -------------- MASTER BEDROOM --'T—1 01 INSIDE N&S AND COUNC VING -' --'-----' ------' ------ '-' El -------------------------------------- WALK-IN CLOS 'E -=----,,-' --,--~- ' ------ �1-5 --------'------'------- ' IF1 MASTER BATH _ ENT � HiEE] r7 ( 1ST. FLOOR PLAN SCALE: 1/8"~I' == 2. �WH.MOTORIZED SHADES ~^~~~OO~NG.~~~MY~~^"AK ~"=°" IN" `""�=�=�=�"�� ,�,",�°�/ `.°=="=M==TH~�°= LIVING SPACE: 2394 1 SQ_ FT.] �11 ECEIVE R|U| 0 K y014 BOARD OF APPEALS _____ REVISIONS GRADE EL 19.5'I ROLL DOWN SCREEN/J"� /J .............. ... ;� ;� (,fir a. rE�LEgJ ........ 45'X 20' POOL CABANA WE PATIO 1/2 BATH 1/2 6 ATH FF EL 24.5' '/•-1 rJ •-J•� rJ Li(' r - - - - - -ROLL WWN SCREEN - - - - - ----------------- - - - - ROLL DOWN SC-_-1Lj - - - - - GRADE EL.24.0' 1-- 1 1 � 1 � 1 I I PERGOLA PORCH 1 SCREENED t FF EL 26.0' ' g PORCH g � t ' I 1 � t ' t � 1. 1 1 1 EEL 269 E PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8" = 1' (orf PLANTEB ?y !\1 t? U �! ?014 BOARD OF APPEALS GRADE EL16.0' GMDE EL21.0' L2I�� RECEIVED JUG_ 0 BOARD OF APPEALS REVISIONS: W', Tollk, VIPs 0 u Q v tir a W Q O W O � w O z a N O� a �U m u O u DRAWN: MH/MS SCALE: 1/4"=l'-0" JOB #: June 26, 2 114 SHEET NUMBER: A-6 4POUNTY OF SUFFOLK . RECEIVED JUL 2 8 ?014 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner July 23, 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: Division of Planning and Environment Pursuant to the requirements of Sections A14-14 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 Kofinas, Alex 6774 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG 0 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 0 (631) 853-5191 OFFICE LOCATION: n Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) V ' \ Southold, NY 11971 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 31, 2014 Re: Proposed Wetland Permit for ALEXANDER KOFINAS, AS TRUSTEE #6774 SCTM#1000-110-7-4 RECEIVED AUG 1- 2014 ZONING BOARD OF APPEALS ALEXANDER KOFINAS, AS TRUSTEE #6774 - Request for Variances from Article XXII Section 280- 116B and Article III Section 280-15 and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re -build a single family dwelling with pool surround, cabana and legalize an "as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage shed and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed in location other than the code required rear yard, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-110- 7-4 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 determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The Board of Trustees issued a Wetland Permit (7669) in 2011 to replace a 14'x36' boardwalk and ... removal/replacement of bathhouse and roof for bulkhead replacement following damage to the structures by a storm/erosion. The "as built" storage deck was re -built without review from the Zoning Board. Portions of the storage deck are located within FEMA flood zone VE (velocity hazard). Note that structures that are constructed within these areas are at risk of repetitive damage and loss from storm surge. The structure and cabana are proposed to project further seaward than the existing structure on the parcel. It is recommended that the structure and cabana be located away from flooding and erosion hazards to the greatest extent practicable to further this policy. Figure 1 Subject parcel (White Arrow) If the event that the action is approved, it is recommended that a perpetual LANDSCAPED BUFFER be established landward from the wood retaining wall. The buffer should be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs. Chapter 268 defines a Landscaped Buffer as - A land area of a certain length and width which is planted with indigenous, drought -tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four -foot -wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] It is further recommended that the LANDSCAPED BUFFER area be staked prior to any construction on-site. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney i FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael Kimack for A& G Ko finas 321 Riverside Dr. Riverhead, NY 11901 9'e, 6 *04,15 - DATE: June 10, 2014 RECEIVED JUL 01 2014 Please take notice that your application dated June 14, 2014 BDARD OF APPEALS For a permit to rebuild a dwelling with pool surround & cabana & legalize an "as built" storage buildinp- with deck at Location of property 805 West Road, Cutchogue, NY County Tax Map No. 1000 — Section 110 Block 7 Lot 4 Is returned herewith and disapproved on the following grounds: The Dronosed construction is not Dermitted pursuant to Article XXII Section 280-116 which states: " All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The principal structure & cabana are indicated at approx. 55' from the bulkhead. The "as built" storage/deck is located at 0' from the bulkhead. Also, the "as built" storage/deck does not meet the requirement of 280-1513, which requires a 15' setback .The structure is 10' from the tie line. Also per 280-15 the proposed accessory pool cabana is located in other than the rear yard. Authorized Si n RECEIVED g, 2014 Fee: $ t �7 Filed By: Assignment No. 81 APPLICATION TO THE SOUTHOLD TOWN BOARD OFA4 L91 APPEALS AREA VARIANCE House No. 80,5 Street WAST IZD,tt/.7 Hamlet eUTC1a00I-46 SCTM 1000 Section/0 B1ock__7 Lot(s).4_Lot Size Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED JTL&yAf O 26.x4 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): OgZ of,,?,4&�e /,ViVS I11' Mailing Address: 4,6,516:Y &AA&6/,tzs-S'1r% Telephone:603, 0o 38/0 Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ,/yZOAW,FC .4, &/MW Ck forgo Owner( )Other: Address:/ A/yE.tfi/12A-dr7 /YX 1190/ Telephone: 631 P7-21,03 Fax: Email: 14 -fel We&2 & VEaZO/V. &6, 1- Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), N Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED Q FOR: 06 Building Permit ( ) Certificate of Occupancy W 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: XX!/ Section: Zen Subsection: Type of Appeal. An Appeal is made for: N A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, M has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# 1* rz . RECEIVED �7 7y JUL 01 2014 BOARD QF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer s signature notarized).- 1. otarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimqpt to nearby properties if granted, because: �Lc � � 1KI(, e j PIZA255&IA16 W1AV&Rv� �°a� Z SPA/JID pQTIp.. C itL>r//� u//,ZLlG�idY.S' /'J'l' 4 A" 4071 IAA 7%W OXIMOV& ('/9WZ4 1102 Off' PNf_/v0lGyy,BAWo406 ih' ti.,06,A 4fWO 4P isv>✓E.es.- i v �VL�J7 Ow LNV _ D� w0aP .4 AgrrR/ T /O A<.EWRY AA'4 "IZ5�7 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: )W*O- fifa v r r&IXo &V 77), ' G a7- ,gownzo & w"1:rrr R o.*n 4BoL -Y 7a J�LS Mei s' /TlJlxi`C UGr TO i�'fi�?<N �/r� p�' IJRI U.�Gl�i�3✓iW/I4'6 //WXiV . � P�7oi'o1 25 Gl!/6GC1�vl� iJ'! y�y p �gPpe�c.LOFA,PYo.V 4F X -Me Cx>�V�vV �Gv 04r� j �ro�P/�v g�y� ��t��� vce 4m/�f''f"rd 640 trdbsta4iffa 4ie�iCse. A�Ih�OV Ght P. � p/p a�11. �arJL �S cccu�r7 A01WX 710 IV,-!5h'U0WJ;Wn V ove rA 70 7a vr¢�ziA o 9 s J' y 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in t1_V � neighborhood or district because: 7X1,6�' .1V12W d&1W141& ('4111-f&/171" WwV/ s/&its //o vrt- jMV C77'Zrs .947W OZ16H 77� r -/Z9.4 PaocS; Af,P 4t),aUA16 4N,D ��4015V /.8Y V�G4r� 7 ti a ��' AAJ7•6WY 5. Has the alleged difficulty been self created? {X' Yes, or { } No Why: Are there any Covenants or Restrictions concerning this land? J(fNo { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) I Sworn to b fore me thin day Notary Public CONNIE D. BUNCH Notary Public, State of New York No. 01 BU6185050 Qualified in Suffolk County Commission Expires April 14, 2� 10 00 RECEIVED M, JUL APPLICANT'S PROJECT DESCRIPTION BOARD OF APPEALS APPLICANT:alj&ZrDATE PREPARED: Q O 1. For Demolition of Existing Building Areas Please describe areas being II. New Construction Areas (New Dwelling or New Additions/Extensions): /SCA4V,0,) Dimensions of first floor extension,- Dimensions xtension'Dimensions of new second floor: Dimensions of floor above second level: ,y Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: RC2 JP -A 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: Z Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: A 4 / Square footage of your lot: 44 ZR -4 Percentage of coverage of your lot by building area: / , 2 70. V. Purpose of New Construction: ��cit��p�QJ�jj/y1r� ,dGf��11NC& 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): i9s 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 r A. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? _Yes No Are there any proposals to change or alter land contours? _)(_No Yes please explain on attached sheet. RECEIVED JUL O 1 2014 BOARD OF APPEALS C. 1.) Are there areas that contain sand or wetland grasses? YES' 2.) Are those areas shown on the survey submitted with this application?YAE2_ 3.) Is the property bulk headed between the wetlands area and the upland building area? Wcs 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: 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? A10 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?A10Please 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? A10 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ,QA5n/Dfi02,91, and the proposed use RL�'l11/',/yl/•aL (ex: existing single family, proposed: same with garage, pool or other) - zoL/?Zz a Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD P� RECEIVED G-17, JUL. 0 1 2014 �a BOARD OF APPEALS 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:_TC114 0z ICIL 2. Address of Applicant: �2/09 f 1/�?y.E OE 3. Name of Land Owner (if other than pplicant): S 4. Address of Land Owner: 6 S' 5. Description of Proposed � t'!�C/1�4/V df,L7X�/%' ./)•Za&C1FV e 1 e440W&Q Project: O C Rn a C N 6. Location of Pro erty: (road and Tax map number) 1Q . /.IJFr'r 0 414?, P//D7_'LZA / P O o 7. Is the parcel within 500 feet of a farm operation? { } Yes X No 8. Is this parcel actively farmed? { } Yes 0 No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 43 (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. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completine • REQf IVED im 0 Y m4 BOARD OF APPEALS Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: s-1 erne6= iv w n Project Location (describe, and attach a location map): V - C UM y Q6711 Brief Description of Proposed Action: �G�—p�T�C/��d G� of 0xirnyG J -)X UCT�A ,poio4 redti GUAz,�;�iAY-V COl1�/U�GaLep Name of Applicant or Sponsor: Telephone: 6-301 7--fliQ2 E -Mai �N Address: City/PO: State: Zip Code: ! D! 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X, may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 4VA7 _1VM677 A/VFZ EC, J*2J')5r64x MUvTY A14!5AZ72Y DEPT 3.a. Total acreage of the site of the proposed action? acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? D' ?, f r es 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 4 165 FAM •® VE S: � I - _.t J 5. Is the proposed action, NO a. A permitted use under the zoning regulations? J U 1__ ®I 2014 b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant characterMA iqurorw landscape? YES N/A NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? 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? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: C S NO YES ` 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES X_ 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment:C1�V.J'f�,(r�%1G NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic 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 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: NO YES NO YES 14. Id ntify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban V Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? DdNO ❑YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO RYES NO YES NO NO YES YES Page 2 of 4 REAVE® 11 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? J U L 0 1 2 1 If Yes, explain purpose and size: BOARD 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: . y 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: C (✓' L Date: ,6 0] &&- Signature: 70o&uzeq. '04, --mmol Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 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 RECEIVE[10,,,f ,,JUL Q Y 2014 1-7 No, or small impact Moderate to large impact BOARD OF APPEALS may occur may .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 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED JUL 0 1 2014 Lf - BOARD 0 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 : 0&11�QE/ ,Q, &//_1001 cle (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 Variance Change of Zone —� Approval of Plat Other (activity) Building Permit x Trustee Permit ?G Coastal Erosion Mooring 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 �T/A1 ,, 20/14 Signature ;W�aa ,4 Print Name /%fA(zL RECEIVED 11, Ja 1 2014 BOARD F APEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 174e!5CA7V,0,E P (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 Variance Change of Zone Approval of Plat Other (activity) Building Permit X Trustee Permit ?� Coastal Erosion _ Mooring 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 Y If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of , 20 Signature Print Name A Town of Southold 0 B. INSTRUCTIONS RECEIVED F LWRP CONSISTENCY ASSESSMENT FORM j u i- 0 1 2014 77L� BOARD OF APPEALS 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. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# //0 The Application has been submitted to (check appropriate response): Town Board R Planning Dept. G Building Dept. Y Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ifN JA10r DLer,4C>-;Zn Ca�,p•4Gr�i Nature and extent of action: P,51A0,e/J#-1A 1 1>704MA6.7. &,&& 2 MM Comm. GU&lea,0YS', .re�212EEEN�r,-P FOXCU POOL, 0,eAA1A,_P14401;zx s, 0,PZ ^020", /l,-L6e47:;5 o.,Vi /"&r PYJOP�is 0 Location of action: 9-0 �— �LIL, -P ECA- 04/r 26! dG 1/--'5 Site acreage: 4l 814 �GP.Pj: ol. 945,9 RECEIVED Present land use: �f�%Q�/jT,��L 0 204 Present zoning classification: ,Q,6NA Q/,% AL "^ " ^ ^ ^ F 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: W.46.K jeQA U4 S' 4J-' 270- Tfe,-2- 11 (c) Telephone number: Area Code ( ) 5,�� �`'' 9 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No M If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 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 5�11 Not Applicable Cq t lC.EIVED k ,JUh 0 12014 Attach additional sheets if necessary kPOEALS 74 BOARD 0 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria [1] Not pp X CZ92E / i_ c �L ' M' Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria 0 Yes El No x Not Applicable r� 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 59 Yes 11 No 0 Not Applitmmce;cable n&EJ'YIVIEt" Q,&C-5S O.0 lS�D ��JZdf9 f�ULL� .b 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. a Yes 7 No ^ Not Applicable 0I RECEIVED Attach additional sheets if necessary BOAR OF APPEAtS 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 ❑ NoNot Applicable Attach additional sheets iinecessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No [g Not Applicable 41Y'0UrVT' 17GJ�91_%p GU•4J72—r T-6 �� G�/1/,Ei�'��� ,c�3Y D1V_1e i19.90 Qc7�`L'T W Dvt� N/J "BLS /"lCl�, Gp Y G1Z4x 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. ❑ Yes❑ No� Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No � Not Applicable 0 A/ M Attach additional sheets if necessary q(ARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long s and Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. 11Yes ❑ No � Not Applicable ACV 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. ,L� Yes ❑ No E Not Applicable Created on 5125105 11:20 AM • � � RECEIVED JUL �l�q BOARD OF APp�ALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1 I,EINC- AtiD" I, �Co Fi ti��, l lw3f'jW residing at �� ��'�J % �-A' � ��N �Wj � 7� (Print property owner's name) (Mailing Address) Ny / / D ? O do hereby authorize X��L ,a g/Aj,v Cjl (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. wner's Signature) (Print Owner's Name) No. 0 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy RECEIVED JUL O 1 2014 BOARD OF APPEALS Date .............. Pao *. . 5 ..... , 19.72. THIS CERTIFIES that the building located at . West. Road ................ Street Map No. Xx......... Block No.. XX ...... Lot No.. a44C ... 91A 9hPV0 ...N.. Y ! ....... conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... Dec ...i.5 ... , 19 70 . pursuant to which Building Permit No. 5104Z.. dated ........... De4.... 15.. , 19.79., 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 ..Private. Que. fAmlly..civoUing...................................... The certificate is issued to . W, . Harry. Lister..... gwner .......................... ( owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ... N.R.o .............. . ........... . UNDERWRITERS CERTIFICATE No.... FOR! ........................................ . HOUSE NUMBER. .805 ....... Street .... West..ROad.................................. ................................................................................. .......... Building Inspector FORM NO. E TOWN OF SOUTHOLD BUILDING DEPARTMENT �271Y TOWN- CLERK'S OFFICE RECEIVED SOUTHOLD, N. Y. V JUL 0 Y 2014 BUILDING PERMIT BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N° 5104 Z Date ......................... (...... /5............. 197 0 Permission is hereby granted to• ��� ................ ........... ... .......... . . ...... to.. . ............'`..• ..... ..�.........» .... .. . .............. .......... ..............................................�.................................................................................................................. atpremises located at ..... .. .`....!..w"�.".:.................................................. lwt .......................................jr ...' .......................................................... ..................................................... ......................... ................................................................. pursuant to application dated .......................... :....[."!. ....., 192 ! and approved by the Building Inspector. Fee$.. .................. _ G........................ .... ... ..... ��� •Building Inspector•••••• 0 SOUTHOLD BOARD OF APPEALS 9 JZ -7 UL O 1 2014 PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR BULKHEAD SETBACK, BOARD OF APPEALS ACESSORY POOL CABANA,SIDE YARD AND STORAGE/DECK O'FROM BULKHEAD FOR ALEXANDER KOFINAS, AS TRUSTEE (1000-110-7-4) Bulkhead less than 75 feet 1. ZBA File: 3582 Approval to construct in -ground pool less than the required 75 feet from the high water mark (40.0 feet) 2. ZBA File: 6510 Approval for additions and alterations less than 75 feet from the bulkhead (50 feet) 3. ZBA File: 5555 Approval for additions demolition and construction of new dwelling less than 75 feet from bulkhead (48.11 feet) 4. ZBA File: 5932 Approval for construction of deck less that 75 feet from bulkhead (62 feet) 5. ZBA File: 6718 Approval for demolition and construction of single family dwelling less than 75 feet from bulkhead (54 feet) 6. ZBA File: 6653 Approval of addition and alteration to a single family dwelling less than the required 75 feet from bulkhead (45 feet) Accessory Building in other that Rear Yard/ Front Yard if Waterfront 7. ZBA file: 3225 Approval allowing retention of "as built " garage in area other than required rear yard 8. ZBA file: 4955 Approval of accessory playhouse structure with attached deck in the side yard. 9. ZBA file: 4224 Approval of inground pool, deck, pool house not located in the required rear/front yards. 0 0 RECEIVED "0" Bulkhead Setback JUL. 0�To BOARD OF APPEALS 10. ZBA file: 3642 Approval of construction of boat -storage structure (12'x24') with open deck (12'x12')at foot of bluff, landward of existing bulkhead. 11. ZBA file: 3394 Approval of construction of 12'x 16' accessory building along upper bulkhead. 12. ZBA file: 6472 Approval of construction of boardwalk/deck (200 sq.ft.) with built in bench at 1.6 feet from bulkhead. Southold Town Board of Appeals MAIN ROAD - ®TATE ROAD 25 SOUTNOLD, L.I.. N.Ypp.��119CC7TT1�� �� TELE�HONE (61 GI15WE® ACTION OF THE ZONING BOARD OF APPEALS , n 7 Appeal No. 3582 JUL of 20� Application Dated November 19, 1986 TO: Mr. and Mrs. Larry Stahl RQARarnrFsAPPEALS 1435 West Road Cutchogue, NY 11935 Mr. Arthur Siemerling as Agent At a Meeting of the Zoning Board of Appeals held on May 11, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2(B) I ] Request for Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, Section 100-119.—E,—for permission to construct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands, or tidal water, whichever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-26. WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of LARRY AND SANDRA STAHL under Appeal No. 3582; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section 100-119.2(B) for permission to construct an inground pool of a size 20' by 40', open deck areas, and fence enclosure with an insufficient setback (at its closest point) to the highwater mark at 32 feet. The setback of the pool is shown to be not less than 36 feet from the ordinary highwater mark. 2. The premises in question is located along the south side of West Road, Cutchogue, more particularly identified on the Suffolk County Tax Maps as District 1000, Section 110, Block 7, Lot 26, and contains a total area of one acre. 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning District and is improved with a single- family, two-story framed dwelling with porch areas, having a setback of 34± feet from the ordinary highwater mark as shown by survey prepared November 25, 1980 by Roderick VanTuyl, P.C. DATED: May 15, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No*582 Matter of LARRY AND SANDRA STAHL Decision Rendered May 11, 198 G7774 ii ii 01niA 4. The site in question is devoid of vegetative cover along 2 the water side and is adjacent to Wickham Creek. Soils on the site are mapped as filled land, dredged material. This soil con- sists OF APPEALS mainly of coarse sands with gravel and shell fragments. Slopes on the site are flat; however, along the creek there is a short steep slope of approximately a 1.5 feet horizontal to 1 foot vertical, which extends from slightly above the highwater line, up to the yard elevation. The proposed pool would be approximately 12 feet away from the top of this slope. Along the toe of the slope there is a wooden fence -like structure (or rip -rap type) with horizontal planks. The lowest plank is partially buried about 4-5 inches deep on the creek side. Under storm conditions and/or during Spring tides, scouring may be caused along the lowest plank and would undermine i -t, possibly jeopardizing the stability of the slope. 5. It is the opinion of this Board that an alternative and very similar location in the rearyard with a setback of not closer than 40 feet to the wooden (rip -rap type) structure, or retaining wall, or the ordinary highwater mark, whichever is closer, is more feasible under the above circumstances. The deck areas between the house and pool can be reduced is size without difficulty, or in the alternative, a smaller pool can be considered. 6. It is noted for the record that by Building Permit #10587Z, the existing dwelling was constructed, and accordingly, the difficulties are self-imposed. 7. In considering this appeal, the board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 57 percent; (b) the relief as requested is not the minimal necessary; (c) the difficulties claimed are sufficient to warrant the granting of alternative relief, as noted below; (d) there is another method feasible for appellants to pursue other than a variance; (e) the circumstances of the property are unique; (f) the granting of this alternative relief is within the spirit of the zoning ordinance and criteria set by the Courts; (g) the difficulties claimed are self-imposed, particularly to the location of the dwelling with a setback from the front (road) property line at more than 100 feet; (h) in view of the manner in which the difficulties arose and in view of the above factors, the interests of justice would be served by granting the alternative relief, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 00-119.2 for permission to construct pool, deck areas, and fence enclosure, in the Matter of the ,PAge .3 - Appeal No. 3582 RECEIVED Matter of LARRY AND SANDRA STAHL Decision Rendered May 11, 1987 (vn JUL01214 Application of LARRY AND SANDRA STAHL, under Appeal No. 3582, SUBJECT TO THE BOARD OF APPEALS 1. No construction closer than 40 feet to the existing retaining wall, or ordinary highwater mark, whichever is closer; 2. Placement of railroad ties or similar material approved at a minimum depth of three feet below grade along the south and east sides (facing water); 3. No runoff or discharge of pool waters into waterway and Cove areas; 4. No overhead or obstrusive lighting (lights to be shielded to the ground); 5. Minimum setbacks on all other property lines as required by Code (particularly the southeast property line). [Column A-40 of the Zoning Code presently requires a minimum of 15 feet in one sideyard, minimum of 20 feet in the other sideyard..] Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. 1 k �{ G AT'T NGEV,- I M N May 15 , 1987 RECEIVED : 71.1'47D M:. _ D BY THE` S DATE HOUR 1. ' �O p4r Town Clerk, Town of Southold 0 0 BOARD MEMBERS *qf So& Southold Town Hall Leslie Kanes Weisman, Chairperson �0�► OHO 53095 Main Road - P.O. Box 1179 James Dinizio, Jr. Southold, NY 11971-0959 Office Location: Gerard P. Goehringer George Horning . O i Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Ken Schneider COU Mj'(,� Southold, NY 11971 RECEIVE http://southotdtown.northfork.net `'2014 ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD -4 j 3 S BOARD OF APPEALS Tel. (631) 765-1809 - Fax (631) 765-9064 2 8 2011 FINDINGS, DELIBERATIONS AND DETERMINATION Q� MEETING OF NOVEMBER 17, 2011 SOUtholdlroWn Clerk ZBA FILE: #6510 NAME OF APPLICANT: Michael and Corrine Slade PROPERTY LOCATION: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000-110-7-26 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP: 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 October 26, 2011, based upon the recommendation, as well as the records available to us, it is the Board's determination that the proposed action is CONSISTENT with the LWRP, provided best management practices are followed. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a 2 '/1 story frame house with attached decks and accessory in -ground swimming pool and shed. It has 304.35 feet of frontage on West Road, 220.00 on the eastern property line, 89.47 feet along the southwestern property line, 348.61 feet along the westerly property line and Wickham Creek and 107.69 on Wickham Creek (northern property line), as shown on the survey prepared by Peconic Surveyors dated April 19, 2011. BASIS OF APPLICATION: Request for Variance from Code Article XXIII Section 280-124 and Article XXII section 280-116 and the Building Inspector's August 11, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead. RELIEF REOUESTED: The applicant is proposing to construct additions and alterations requesting a rear yard setback of 42.5 feet where the code requires 50 feet and a bulkhead setback of 50 feet where the requires 75 feet. ADDITIONAL INFORMATION: At the public hearing, the applicant's agent submitted a Town of Southold Trustees approval and NYS DEC letter of non jurisdiction. Subject property received a prior Zoning Board grant #3582 in 1986 for the existing in -ground swimming pool. Page 2 of 3 — November 17, 2011 RECEIVE ZBA File116510 - Stade ((-7 -1 V I CTM: 1000-110-7-26 JUL_ 01 201 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: BOARD OF APPEALS The Zoning Board of Appeals held a public hearing on this application November 3, 2011, 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 Sec.267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The existing house has been in its location since 1980, it is similar to other homes in the area, including the setbacks. The proposed additions and alterations are in keeping with the size of other dwellings in the neighborhood, and the seaward living space addition will not be visible from the street. 2. Town Law §267-b(3)(b)(2). 'The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is situated within the 75 foot bulkhead setback and any addition to the waterside of the dwelling will require a variance. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are not substantial based upon the existing location of the dwelling and in -ground swimming pool. In 1986, the swimming pool was granted a variance of 40 feet from the ordinary high water mark, there was no bulk heading at that time. The rear yard setback represents a 14.8% variance relief. The bulkhead setback represents a 33% variance relief and is substantial, however, it mitigated by the existing swimming pool installed prior to the bulkhead and is now located 30 feet +/- from the bulkhead. 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. All rainwater runoff will be retained on site with the use of underground drywells and the sanitary system for the residence meets the Suffolk County Dept. of Health Services standards for sanitary waste water. 5. Town Law §267-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 additions and alterations to this 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-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 plans prepared by Samuels & Steelman, labeled as site plan (SP), first floor plan (1), elevations (2) and elevations (3) dated August 2, 2011, subject to the following conditions: Conditions: I . A five (5) foot wide landscaped buffer, incorporating existing vegetation landward from the edge of the wetland adjacent to the residential structure. 2. A pool de -watering dry well be installed and shown on survey/site plan. 3. The existing 8.2'X12.3' shed on the eastern property line, shown on the survey by Peconic Surveyors dated April 19, 2011, must be moved to a conforming location. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. -- __ RECEIVED co Page 3 of 3 —November 17, 2011 U L O "' T4ryry 7.BA File#6510 - Slade L CTM: 1000-110-7-26 BOARD OF APPEALS 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 Weisman (Chairperson), Goehringer, Dinizio, Schneider, (Absent was: Member Horning) This Resolution was duly adopted (4-0). nLI ILW4 I "� Leslie Kanes eisman, thairpson Approved for filing �I / � X /2011 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. L_I Southold Town Hall �CFIVE 53095 Main Road (7(7pp- 1 P.O. Box 1179 I0�4 outhold, NY 11971-0959 Tel. (631) 765-1809 Fax(631)765-9064 pARID OF APPEALS http:„;`southoldto%%,n.northfork.net I ` RE EIYED BOARD OF APPEALS TOWN OF SOUTHOLD NOV 3 0 2004 Corrected 11/23/04 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 �' girq"Clerk Solut td ZBA File No. 5555 - R. TAPP and N. ELLIS Property Location: 275 West Road, Cutchogue; CTM 110-7-11 A. 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 20,925 sq. ft. lot has 74.96 ft. frontage with 278.04 feet in depth to the high water line along Cutchogue Harbor, which extends beyond the bulkhead (the bulkhead runs along the 4 ft. topographical contour line). The property is improved with a one-story frame house and garage and a two-story frame house with porch, as shown on the December 22, 1998 survey, updated December 17, 2003, prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's May 24, 2004 Notice of Disapproval, amended August 2, 2004, citing Code Sections 100-31A, 100-239.413 and 241A & C in its denial of a building permit application concerning a new, second dwelling with increased size, after removal of the existing nonconforming cottage on this 20,925 sq. ft. lot, and with setbacks less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004, 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: VARIANCE RELIEF REQUESTED: Applicants request a variance to construct a new single-family cottage, after demolishing the existing cottage, in the existing nonconforming location which is less than 75 feet from the bulkhead. In addition, the use of a second building on a lot as a dwelling is nonconforming because only one dwelling is permitted per lot. ADDITIONAL INFORMATION: The Building Department issued a July 5, 1978 Certificate of Occupancy concerning two cottages. The July 3, 1978 Housing Inspection Report notes the cottage to be constructed as the "southerly” building containing a kitchen, dining room, living room, and three bedrooms. 0 Page 2 - October 7, 2004 ZBA File 5554 - R. Tapp and N. E1110 CTM Parcel 110-7-11.1 • f RECEIVED JUL 0 1 10114Y BOARD OF APPEALS REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The purpose of the reconstruction of the existing seasonal cottage is to continue its single-family occupancy in a new building containing a maximum living area of 986 sq. ft., plus 262 sq. ft. for an unheated screened porch. The alternative relief requires a minimum 48 feet to the bulkhead (63'11" = 25 feet minimum from the top of the upper bank, plus 38'11" from the bulkhead), instead of 53'11" as requested. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance to maintain and construct a new seasonal cottage. The existing 792 sq. ft. building will be demolished, and the cottage will be rebuilt to conform with the New York State Construction Code for legal ceiling height, required safety access with new stairs, replacing heating and electrical connections that may be fire hazards. The building is proposed to conform with the code required front, side and rear yard setbacks, and increasing the easterly side setback from 127 to a minimum of 151". The westerly side setback will be a minimum of 23'10" minimum to a screened porch. The rear yard setback will be a minimum of 78'6" to the tie line along apparent high water. 3. The relief requested for a 38'11" setback to the bulkhead is substantial, representing a 51% variance. The alternative relief granted herein will provide a greater setback at 48'11" to the bulkhead, representing a lesser variance at 65.33% of the code -required 75 feet. 4. The difficulty was self-created. It has been known for many years that the existing cottage is only one foot from the top of the bank and has remained in a nonconforming location. 5. No evidence has been submitted to suggest that a variance in this community of single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single-family cottage, replacing the existing cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to DENY the variance as applied for, and to GRANT alternative relief, as noted below: Pape 3 ,- October T, 2004 ZBA He 5554 — R. Tapp and N. E11110 CTM Parcel 110-7-11.1 • � [ RECEIVED JUN I 2014' BOARD OF APPEALS 1. After demolition of the existing cottage, the new cottage shall contain a maximum footprint for all building area of 1150 sq. ft., including porches, decks and other structures. 2. The height of the dwelling shall be not greater than that shown at 26'4" total height (or 22'8" mean height) shown on the schematic design dated 8/11/04, prepared by Samuels & Steelman, P.C. 3. The setback to the top of the bank shall be not less than 25 feet. 4. The setback to the lower bulkhead shall be not less than 48'11" (38'11" + 10'). 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}, Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-0 .Lx-eJ(;)L, & CU� .- Ruth D. Oliva, Chairwoman 11/9/04,11/23/04 Approved for Filing APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman •Mailing Address: Southold Town Hall 53095 Main Road • PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 14, 2006 RECEIVED JUL 0 2014 BOARD OF APPEALS ZB File No. 5932 -THOMAS CAVANAGH Property Location: 600 Little Peconic Bay Road, Cutchogue CTM 111-14-13 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. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 29,643 square feet in area with 94.52 feet along Little Peconic Bay Road in Cutchogue. The property is improved with a 1-1/2 story, single-family dwelling with accessory garage and accessory shed, shown on the February 15, 2006 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Zoning Code Section 280-116 (formerly 100-239.4), based on the Building Inspectors May 1, 2006 Notice of Disapproval concerning a proposed deck addition to the dwelling which will be less than the minimum 75 feet from the existing wood bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 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 applicant is requesting a variance for a proposed deck at 62 feet measured from the bulkhead in the most southeasterly yard, as shown on the February 15, 2006 site survey, amended April 25, 2006 by Peconic Surveyors, P.C. 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 applicant's property is 233.95 feet in depth measured from the street to the bulkhead along Wunneweta Pond. An open, unroofed deck is proposed at the rear of the dwelling, of which only a 13 feet section is nonconforming, resulting in a 62 ft. setback instead of the code -required 75 feet minimum to the bulkhead. The bulkhead runs in __ • R RECEIVE[ Page 2 — September 14, 2006 • J U l 01" ?_ 01. ZB File No. 5932 — Thomas Cavanagh CTM No. 111-14-13 BOARD OF APPEALS an east -west direction for 97.33 feet, however the 44.85 ft. tie line section runs north -south along a stone wall and steps adjacent to the pond. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is substantial. Although the reduction is substantial for 13 feet, the portion requested in this variance amounts to approximately 50 square feet of structural area, which is minor in nature. 4. The difficulty has been self-created, having knowledge of the site elements and designed construction. 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 a deck 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 Weisman, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, shown on the February 15, 2006 site survey, amended April 25, 2006 by Peconic Surveyors, P.C., subject to the condition that the deck shall be 'open to the sky.' 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 and Weisman. (Absent were: Member Dinizio and Member Simon) his Resolution was duly adopted (3-0). `�.7 WW- Ruth D. liva 10/.26/06 Approved for Filing BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider RECEIVE JUL`0 �OT4 BOARD OF APPEALS r4F SO Southold Town Hall L OHO 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: QTown Annex /First Floor, Capital One Bank `,►� 54375 Main Road (at Youngs Avenue) (J�j`(,�`" Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RECEIVED B 2 5�2�ll1��' Sout old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2014 ZBA FILE # 6718 NAME OF APPLICANT: Nicholas and Barbara Pallante SCTM 1000-111-14-30 PROPERTY LOCATION: 4302 Wunnewetta Road (adj. to Wunnewetta Pond) Cutchogue, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 31, 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 January 29, 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. PROPERTY FACTS/DESCRIPTION: The property is an irregularly shaped conforming 50,504 sq. ft. lot with 46,203 sq. ft. of buildable area. It is improved with a 1 '/2 story dwelling located in an R-40 district. Access to the property is via a 16' wide right of way off of Wunneweta Road. The South, West, and part of the North sides of the property have 635.71 feet of frontage on Wunneweta Pond. Of this frontage 146.13 feet on the Northwest side of the property is bulk -headed. The remaining 489.58 feet of water frontage is bordered by tidal wetlands. The property runs 215.47 feet on the remaining part of the north property line. The remaining east side of the property runs 161.96 feet. This information is shown on a survey by Nathan Taft Corwin L.L.S. dated December 16, 2009 and last updated November 13, 2013. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116 and Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's December 10, 2013 Notice of Disapproval concerning a permit for partial demolition and reconstruction of a single family dwelling, at; 1) proposed construction at less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum front yard setback of 50 feet. Page 2 of 3 - February 20, 2014 ZBA#6718 — Pallante SCTM#1000-111-14-30 f RECEIVED --j JUL O 1 1014 Fq BOARD OAPPEALS RELIEF REQUESTED: The applicant requests variances to renovate and expand a dwelling at about 54 feet from the bulkhead where the code requires a 75 foot setback, and to have a front yard setback of 31 feet where the code requires a 50 foot setback, once construction is complete. ADDITIONAL INFORMATION: The Zoning Board of Appeals has granted variances for front yard setbacks similar distances to the one the applicant is requesting in Suffolk County Tax Map Section 111. Also, the Zoning Board of Appeals has granted variances for relief for bulkhead setbacks similar to the distances the applicant is requesting in Suffolk County Tax Map Section 111. Further, at the hearing testimony was given that the 54 -foot bulkhead setback noted in the notice of disapproval is the bulkhead setback for a proposed outdoor shower. The bulkhead setback for the addition to the structure itself is +/- 59 feet. The applicant's agent testified that the outdoor shower's drain will be attached to a drywell. The applicant's agent also offered evidence that the applicant plans on installing a new septic system along with the additions and alterations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-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 neighborhood consists of water front parcels with single-family dwellings and garages. The neighborhood also consists of lots with irregular shapes making it difficult for many structures in the neighborhood to conform to Town codes without variance relief. The property does not border a road and is accessed by a right of way. It will not be seen from any public road. The architectural front yard of the property borders a neighbor's property and the neighbor's dwelling is placed far from the property line. 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 property is on a peninsula and is surrounded by water. If the applicant moves the dwelling in any direction he will need a variance. The proposed additions and alterations require the least variance relief in order to allow the applicant to re -develop the property. The proposal also keeps the improvements in the flood zone X section of the property and away from lower elevations. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 28% relief from the code for the relief requested from the 75 foot bulkhead setback and 38% relief from the code from the required 50 foot front yard setback. The relief requested from the required bulkhead set back is mitigated because part of the relief requested is for an outdoor shower and the proposed structure is further back from the bulkhead than noted in the Notice of Disapproval. Variance relief for the front yard setback is mitigated because the property is accessed by a private right of way and the property is not visible from a public road. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders, gutters, and drywells for storm water runoff and for the proposed outdoor shower. 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. RECEIVED Page 3 of 3 - February 20, 2014 SCTMt{1000-111-14-30 JLJ114 6 U1! BOARD OF APPEALS 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an outdoor shower, garage, and a 2 story 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-B,. motion was offered by Member Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural plans by Mark K. Schwartz, Architect labeled A-1-6 dated November 18, 2013 and sheet A-5 dated December 31, 2013 and the site plan prepared by Nathan Taft Corwin L.L.S. dated December 16, 2009 and last updated November 13, 2013. 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), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). 4tv- 7A" _' Leslie Kanes Weisman, Chtperson Approved for filing / /2014 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider RECEIyE,p� ba JUL O 1 2014 BOARD OF APPEALS http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 20, 2013 RECEIVE J, 2 6 2Q}3 a�Q� So thotd Town Clerk ZBA FILE: 6653 NAME OF APPLICANT: Arthur Skelskie and Nan Molofsky SCTM 1000-111-14-36.8 PROPERTY LOCATION: 510 Bayberry Road, (adj. to Wunneweta Pond) Cutchogue, 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 May 15, 2013, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 23, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicants' property is an irregularly shaped, conforming 104,910 sq. 11. parcel, with 76,199 sq. ft. of buildable upland area, located in the R-40 Zone. The northerly lot line measures 172.22 ft. The easterly lot line measures 184.11 ft along Bayberry Road; and the southerly lot line measures 301.92 ft. The westerly lot line consists of an irregularly shaped peninsula comprised of some upland and some tidal wetlands that extends into Wunneweta Pond. The property is improved with a single family dwelling, as shown, including the proposed areas of new additions and alterations, on the survey drawn by Nathan Taft Corwin III, Land Surveyor, last revision dated April 2, 2013. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116 (B) and Article IV, Section 280-18 and the Building Inspector's April 3, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance for a nonconforming 45 foot bulkhead setback, where Code requires a 75 foot setback. The applicant requests a second variance for a nonconforming 45 foot rear yard setback, where Code requires a 50 foot setback. RECEIVED Page 2 of 3 - June 20 2013 0 g Jill_ 20 ZBA46653 - SkelskielMolofsky SCTM# 1000-111-14.36.8 BOARD OF APPEALS FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 6, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicants have a large, conforming size parcel in the R- 40 Zone. Total lot coverage, based up calculation of the buildable upland area, is proposed at 4.97%. Most of the construction will be done within the existing building footprint. Alterations and additions to single-family dwellings are common and customary in a residential zone. The subject property is screened from view by adjacent neighbors by mature evergreens privacy screening. 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. The pre-existing single-family dwelling has over -lapping non -conforming bulkhead and rear yard setbacks, and the proposed alterations and additions cannot be constructed without the granting of variances. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 45 feet bulkhead setback is mathematically substantial, representing 40% relief from the code required 75 feet. However, this distance is measured to the Applicants' nearest corner of the pre-existing attached garage, which was built, along with the single family dwelling, in the 1920's. All proposed new construction will have greater setbacks, with the exception of a proposed outdoor shower that will have a setback of no less than 46 feet. The variance granted herein for a 45 feet rear yard setback is not mathematically substantial, representing 10% relief from the code required 50 feet, and reflects the minimum setback to a corner of the pre-existing garage. 4. 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 Applicants must comply with Chapter 236 of the Town's Storm Water Management Code. The Applicants will construct a new septic system, and build drywells to accommodate all storm water roof runoff, and the discharge from the outdoor shower, and they will remove a paved driveway and replace it with one made with pervious stone materials, complete with grates and other drywells built into the new driveway. The Applicants will connect with public water, and abandon an existing on site well. A 10 feet non -turf buffer will be installed adjacent to, and extending from the area containing the bulkhead. 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 §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and new additions to the existing single family 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-B, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last revision dated April 2, 2013, and the architectural drawings by Mark K. Schwartz, AIA labeled Skelskie House Additions and Alterations, sheets A-lthrough A-12 dated April 4, 2013. Page 3 of 3 — June 20, 2013 ZBAN6653 — Skelskie/Molofsky SCTM# 1000-111-14-36.8 • RECEIVED JUL_ 0 1 201 BOARD OF APP ALS Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other .feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes Weism n, Chai erson Approved for filing 412 /2013 - Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 76A$Oa.E1VE® ACTION OF THE ZONING BOARD OF APPEALS /�� A)L_ 04zo{a Appeal No. 3235 Application Dated March 26, 1984 (Public Hearing May 17, 1984) TO: Richard F. Lark, Esq., as attorney [AppIYR 9A91Q)QP APPEALS for GERTRUDE M. ALI Main Road, Box 973 Cutchogue, NY 11935, At a Meeting of the Zoning Board of Appeals held on May 31, 1984, the above appeal was considered, and the action indicated below was taken on your [ J Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X) Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to t e oning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. The board made the following findings and determination: By this appeal, applicant seeks to retain the existing 20.1' by 22.4' wood -frame garage in its present location which is situated approximately 103 feet from the front property line and 1.8 feet from the westerly side line. Under the rules of the zoning ordinance, Article III, Section 100-32, accessory structures are required to be in the rearyard area. Technically, the present structure will be in the frontyard area, approximately 18 feet forward of a proposed new, one -family dwelling structure which would be set back from East Road approximately 151 feet and 50 feet from the top of the bank, 90 feet from the wood bulkhead. This garage was built in 1915 and was accessory to the "main house" before the subdivision was commenced. This garage 1s the sole structure on this parcel now. The premises in question contains an area of 42,708 sq. ft. and is known and identified as Lot No. 1 of Minor Subdivision of "Moebius Associates, Section Two at Cutchogue" approved by the Planning Board November 29, 1982. It is noted that Covenants and Restrictions are recorded at Liber 9317, page 396 in the Office of the Suffolk County Clerk requiring "...no residential structure be ...located within 50 feet of the top edge of the bank...." The board members are familiar with the property in question as well as the surrounding properties. All testimony has been carefully considered. In considering this appeal, the board also determines: (a) that the relief requested is not substantial; (b) that by granting the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities (CONTINUED ON PAGE TWO) DATED: June 18, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No.05 • Matter of GERTRUDE M. ALI -RECEIVED Decision Rendered May 31, 1984 of any increased population; (e) that the relief requested will be % in harmony with and promote the general purposes of zoning; and (f QA R De ` that the interests of justice will be served by allowing the varianP, ®F Q P EA LS as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 3235, application for GERTRUDE M. ALI for permission to retain existing garage as exists in the frontyar area, as an accessory storage/garage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. This garage structure remain accessory for storage purposes (not for living or habitable sleeping quarters); 2. This matter be referred to the Suffolk County Department of Planning in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of East Road, Cutchgoue, NY; County Tax Map Parcel No. 1000-110-07-018; Lot No. 1, Minor Subdivi- sion of "Moebius Associates, Section Two at Cutchgoue," New York. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki. (Members Doyen and Grigonis were absent.) This resolution was adopted by a unanimous vote of a quorum of the members present. P.ECEIVED AND FILED BY TIME SOUTHOLD TOWN CLERK DATE/6/62�V HOUR /0;1M,1# Town of �. RARD P. GUEHRINGER, C4VIRMAN June 19, 1984 0 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ce = BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 M RECEIVE1 1qJu12i Appl. No. 4955 — Anthony Mitarotondo PARCEL 1000-111-14-15SOARD OF APPEALS STREET & LOCALITY: 950 Little Peconic Bay Road, Cutchogue DATE OF PUBLIC HEARING, June 7, 2001. FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicants' property is located on the south side of Little Peconic Bay Road in Cutchogue. The survey map (updated 3/16/01) shows this lot as 46,622 sq. ft. in size, with 198+- feet along Little Peconic Bay Road (along a tie line) and 178.25 feet along a private 15' wide path. This lot is referred to #239, 240, and part of 241 on the Map of Nassau Point, Amended Map A and is improved with a one and two story frame house with garage under, roofed porch, and accessory patio, all as shown on the survey last dated March 16, 2001, prepared by Joseph A. ingegno, L.S. BASIS OF APPEAL: Building Inspector's March 23, 2001 Disapproval which reads that the building permit to move an existing accessory playhouse structure is disapproved under Article III, Section 100-33 for the reason that it is proposed within the side yard, rather than the required rear yard. AREA VARIANCE RELIEF REQUESTED: The applicant requests an area variance to locate an accessory 210 sq. ft. playhouse structure with attached deck in the side yard area as shown on the survey updated March 16, 2001, with setbacks proposed at 49 feet from the easterly property line and 34+- feet from the area labeled "footpath." REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The applicant wishes to relocate a small 210 sq. ft. playhouse with attached deck from the rear yard to the northeast side on this large waterfront property consisting of 1.07 acre. The new location will provide ample screening for the playhouse from view from Little Peconic Bay Road and would be 34 feet at its closest point from a `footpath' and 49 feet from the east property line. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because of environmental constraints and because the proposed location is the most beneficial to the applicants and the neighborhood. 3. The area variance is not substantial. 4a9 e.2 — June 7, 2001 Appl. No. 4955 — Anthony Mitarotondo 1000-11144-15 at Nassau Point RECEIV�D JUL`O 1 2014 BOARD OF APPEALS 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest the new location of the playhouse will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. In considering this application, the Board deems this action to be the minimum necessary and adequate for the applicants to enjoy the benefit of a new accessory playhouse structure with deck, and that the grant of this variance will preserve the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Homing, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: Members Goehrier (Chairman), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted v5- v - RD P. GOEWNGEII, CHAIR AN �Er�,,IVED AND FIIaED BY ai V j S. T '!D r! `.. T. a 1 f APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4224. BOARD OF APPEALS TOWN OF SOUTHOLD �• *' RECEIVED, �h (� 7 JUL 01 2014 BOARD OF APPA S Town Hall, 53095 Main P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of THOMAS AND ROBY GLUCKMAN. This is an application, with amendments, concerning property known as 1350 West Cove Road, Nassau Point, Cutchogue, NY; County Parcel ID 1000-111-5-2, requesting: a) a variance based upon the Building Inspector's February 23, 1994 Notice of Disapproval concerning a building permit application to alter an existing garage with attached guest unit, which will include an expansion of the guest unit by more than 50 percent of its present size; ref. Article XXIV, Section 100-241 of the Zoning Code; and b) a variance based upon the Building Inspector's March 4, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, which will not be located in the required rear yard or required front yard; ref. Article III, Section 100-33 and Section 100-33C of the Zoning Code; and c) a variance based upon the Building Inspector's March 14, 1994 Notice of Disapproval concerning a building permit application to construct an inground pool, pool house, deck and fence enclosure, a portion of which is proposed within 75 feet of the bulkhead along Horseshoe Cove; ref. Article XXIII, Section 100-239.46 of the Zoning Code. WHEREAS, a public hearing was held on April b, 1994, at which time all persons who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: RECEIVED Page 2 - Appl. No. 42 Matter of -THOMAS ANDIBY GLUCKMAN May 4 L.";'071 AT ' Decision Rendered M y , 1994 JU BOARD OF APPEALS 1. AREA VARIANCE. This is an application based upon the following Notice of Disapproval from the Building Inspector: February 23, 1994, March 4, 1994, and March 14, 1994. 2. CODE REQUIREMENTS. (1) Article XXIIi, Section 100-239.4E-1 of the Zoning Code requires all buildings and structures located on lots upon which there exists a bulkhead to be set back not less than seventy-five {75} feet from the edge of the bulkhead; (2) Article III, Section 100-33, requires accessory buildings and structures to be located in the rear yard, or in the case of a waterfront parcel, in the front yard; (3) Article XXIV, Section 100-241 of the Zoning Code limits an expansion of a nonconforming building or use. 3. PROPERTY DATA. The premises in question is situated on the corner of West Cove Road (a/k/a Northwest Loop) and Vanston Road, Nassau Point, Cutchogue. This parcel contains a total lot area of 4.2+- acres and is presently improved with a one-story house, raised, and an accessory garage building in the front yard area, all as shown on the survey prepared September 13, 1993 by Roderick VanTuyl, P.0 . The property has variable contours in areas close to the existing house, which lend to the limitations for building in reasonable locations while meeting all other zoning code requirements. 4. PROPOSAL. One of the proposals in this application is a request to locate an inground swimming pool at 60 feet from the edge of the ordinary highwater mark, and with pool house/shed structure in the northerly side yard (all within a full fence enclosure.) Second, the accessory garage is proposed to be altered to expand "sleeping quarters" from the northwesterly end of the garage, throughout the entire existing garage. The "sleeping quarters" which is shown to exist is labeled on the September 13, 1994 survey as "apt" and "pch", although it is not and has never been an apartment. (Apparently, the survey was mislabeled and should have depicted "sleeping or cot area" rather than "apt." 5. INSPECTION(S) AND RESEARCH DATA. (a) An inspection of the site reveals that the house is presently set back approximately 110 feet from the existing bulkhead and 30 feet from the southerly property line at its closest points. The accessory garage is located in the front yard approximately 220 feet from the bulkhead and centered between property lines. The square footage of the garage area RECEIVE Page 3 - Appl. No. 422 • Matter of THOMAS AND RUJUL 0BY GLUCKMAN � 11� Decision Rendered May 4, 1994 Z 14 BOARD OF APPEALS proposed for "sleeping quarters for members of the owners' family" on the premises is 48 ft. by 26 ft. - the same size as exists at present as a garage. (b) Regrading and new landscaped areas must be done to keep surface water runoff directed away from the bulkhead and Horseshoe Cove, and measures will need to be taken to either truck the pool water off site, or properly install drywell drains. (c) Preexisting Certificate of Occupancy No. Z-22620, as corrected and dated February 23, 1994, shows occupancy for a 'one family dwelling with attached "shed" (generator cover),' accessory deck "landing" and pumphouse". Certificate of Occupancy No. Z-3129 dated June 26, 1968 shows occupancy for a private garage (accessory building). Certificate of Occupancy No. Z-3999 dated September 28, 1970 shows occupancy for an addition to the private one family dwelling, referred to as House No. 1350 West Cove Road and 2260 Vanston Road, which addition was built under Building Permit No. 4732Z dated May 5, 1970. 6. OTHER TOWN AGENCY JURISDICTION/REVIEW. Prior to issuance of a building permit for the swimmingpool, an application or other written request is expected to be necessary with the Office of the Town Trustees confirming their action under this project under the Town Wetland Ordinance (Ch. 97). 7. EFFECTS OF RELIEF REQUESTED. it is the position of this Board that in considering the relief requested and more particularly shown on the September 13, 1993 survey that: (a) the setback at 60 feet is substantial in relation to the requirements, that is, 20 percent of the requirement; (b) the grant of the entire relief will, in turn set a precedent, and will alter the essential character of the neighborhood; (c) there is an alternative for appellants to pursue with a greater setback at 65 feet from the bulkhead. NOW, THEREFORE, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to DENY the relief requested for the inground swimmingpool at 60 feet, or less from the bulkhead, and be it FURTHER Page 4 - Appl. No. 42FSE EIVED � # 77 Matter of THOMAS AND BY GLUCKMAN JUA 1 Z Decision Rendered May 4, 1994 BOARD OF APPEALS RESOLVED, to GRANT alternative relief for the inground swimmingpool at 65 feet from the bulkhead at its closest point, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the pool area be open to the sky, without a building enclosure; and 2. That there be no lighting that would be adverse to neighboring areas; 3. That the fence be placed as required by the Building Inspector for safety purposes; 4. That there be no other land disturbance to or close to the bulkhead or nearby areas within 75 feet thereof, and that hay bales shall be temporarily placed north of the area under construction while construction activities are pending; and be it FURTHER RESOLVED, to GRANT a variance for conversion of the existing accessory garage building for sleeping quarters for family members only, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no expansion in the existing floor area of the building -- remaining at the present size of 26 ft. by 48 ft. 2. That in the event of a future proposal to subdivide, the owners, their heirs, successors and assigns, and/or subsequent owners, must reapply to the Board of Appeals for continuation of the use of the garage as family sleeping quarters accessory to the existing residence and for an appropriate amount of land area and location of lot lines with appropriate setbacks to be applied for this proposed use (which would then be a modification to less than the 4.2+- acres and altered setback lines); 3. That the accessory garage building to be converted shall not be rented or leased; 4. That the use shall remain accessory to the main dwelling and riot a separate use; 5. That the accessory building shall be permitted to be used for sleeping purposes for family members; 6. That there shall not be any kitchen or cooking facilities; 7. That there be no further expansion without additional Page 5 - Appl. No. 4224 • Matter of THOMAS AND RRY GLUCKMAN Decision Rendered May 4, 1994 Board of Appeals approval. RECEIVED 'JUL 0 i LtIA BOARD OF APPEALS Vote of the Board: Ayes: Messrs. Dinizio, Wilton, Doyen, Goehringer and Villa, except that Member Villa is opposed to the pool location. This resolution was duly adopted. GERARD P. GOEHRINtER, CVAIRMAN SOUTHOLD TOWN BOARD OF APPEALS BY D p C.'L r �c�FFQ[M Ak 0 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.1., N.Y. 11971 ACTION OF THE ZONIN$LBOA �`{>�.i]°►f11�M4S CClYLZ7 TELEPHONE (5161765.1809 Appeal No. 3642 Application Dated June 15, 1987 J U L 1 2� 4 TO: Mr. Garrett A. Strang, R.A. 'f-70 [Appellant(s)] as Agent for DINA MASSO ll Main Road, Box412 bUARD OF APPEALS Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on August 20, 1987, the above appeal was considered, and the action indicated below was taken on your ( ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application for DINA MASSO for a Variance to the Zoning Ordinance, Article XI, Section 10t --T 9.2 io construct accessory boathouse structure with deck at the foot of the bluff, and deck and new stairs along and at top of bluff areas, all landward of existing wood bulkhead along Peconic Bay, premises known as 5705 Nassau Point Road, Cutchogue, NY; Lot 39, Amended Map A of Nassau Point Filed August 16, 1922; County Tax Map District 1000, Section 111, Block 13, Lot 04. WHEREAS, a public hearing was held and concluded on July 16, 1987 in the Matter of the Application of DINA MASSO under Appl. No. 3642; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant requests a Variance from Article XI. Section 100-119.2 of the Zoning Code for permission to construct accessory boat -storage structure at the foot of the bluff, landward of existing bulkhead, and to construct new stairway with landings in the adjacent area of the existing stairs, which will be removed, all as shown on plan drawn May 5, 1987, prepared by Garrett A. Strang, Architect. 2. The premises in question is known and referred to as Lot No. 39, "Amended Map A of Nassau Point," filed August 16, 1922, File No. 156. The subject premises consists of an area of 34,508 sq. ft. with frontage along the east side of Nassau Point Road of 100.48 feet, and is improved with an existing one-story, single- family dwelling set back 39± feet from the top of bluff, 10 feet from the southerly side property line, 16± feet from the northerly side property line, and 154.5 feet from the front property line. ,CONTINUED ON PAGE TWO) DATED: August 20, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3642 Matter of DINA MASSO Decision Ren ere ugust 20, 1987 • RECEIVED J JUL 01 2014 BOARD APP ALS 3. The accessory boat -storage structure is proposed to be 12' by 24' with12 ft. open deck (for an overall length of 36 feet), to be placed along the edge of the bulkhead, on concrete tubings and C.C.A. treated posts into the ground three feet. The platform construction proposed at the top of the bluff is to be not larger than 10' by 15'. The stairs construction is proposed to extend from the top of the bluff (platform) down the bluff, with four landings, replacing the existing stairs immediately adjacent (to the north). 4. Article XI, Section 100-119.2 requires all buildin s and structures to be set back not less than seventy-five (M feet from a tidal water body, tidal wetland edge, or fresh- water wetland. 5. Article III, Section 100-31 permits the establishment of an accessory use for storage purposes, and this application indicates such accessory use will be incidental and accessory to the residential use of the premises and not operated for gainful purposes, or habitable purposes, and will be used exclusively for storage of the owner's boat and similar articles. 6. In considering this appeal, the Board finds and determines: (a) the relief requested is substantial in relation to the requirements; however, the type of construction of the proposed structures and.uniquene.ss of the property's elevations above mean sea level lend to the granting of the relief as noted below; (b) the difficulties claimed are sufficient to warrant a granting of the variance applied,, with restrictions as noted below; (c) the difficulties claimed are sufficient to warrant a granting of a variance; (d) there is no other method feasible for appel- lant to pursue for the purposes stated in this application, (e) in view of the manner in which the difficulties arose and in considering..all the above factors, the interests of justice will be served :by granting the variance, as con- ditionally noted below. Accordingly, on motion by Mr, Goehringer, seconded by Messrs. Douglass_and Sawicki, it was__ RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section'100-119.2 in the Matter of.the Application for DINA MASSO under Appl. No. 3642, for a new accessory boat -storage structure,. stairs and upper platform more parti- cularly depicted on Site Plan prepared by Garrett A. Strang,. R.A. drawn May 5, 1987, apd SUBJECT TO THE -FOLLOWING CONDITIONS: Foundation of boat -storage structure to be of spite Page 3 - Appl. No. 3642 RECEIVED Matter of DINA MASSO Decision Rendered August 20, 1987 /' JUL 177 2014 construction and self-supporting (not to be connected with BOARD OF existing bulkhead or existing spiles), to be a minimum of APPEALS three feet back from the existing bulkhead, and to be con- structed in a fashion as not to cause erosion, raising if necessary; 2. Wood deck to be self-sustaining, also with spile construction in the ground and not anchored to bulkhead in any manner; 3. Stairs construction to be safe at all times and constructed in a manner as to aid in the prevention of erosion; 4. Plantings under and around new construction as recommended by the Suffolk County Soil and Water Conservation District; 5. Boat -storage structure shall be free of plumbing facilities. No cabana or similar uses, no sleeping or habitable facilities; 6. All lighting at ground level and shielded to the property. 7. Existing posts (of construction to be removed) shall be cut at ground level, and without excavation. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was duly adopted. 1 GERARD P. GOEHRINGER, AIRMAN September 1,1987 RECEIVED AND FILED B7 THE SOUTHOLD TOW14 Ci.._ DATE yl� l �) HOUR //.'q S Town Clerk, Town of Southold � I - told Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS TELEPHONE (516) 765.1809 Appeal No. 3394 Application Dated August 16, 1985 RECEIVED TO: Mr. Steven Eggers [Appellant(s)] 6675 Nassau Point Road �A l Cutchogue, NY 11935 JUL U 1 2014 At a Meeting of the Zoning Board of Appeals held on Oc o er 3, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI, Section 100-119.2(B) [ ] Request for Application of STEVEN EGGERS, 6675 Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2(B) for permission to construct bath -storage structure with an insufficient setback from the landward edge of tidal wetlands (or ordinary highwater mark), at 6675 Nassau Point Road, Cutchogue, NY; Nassau Point Filed Map No. 156, Lot 48; County Tax Map District 1000, Section 111, Block 15, Lot 7. WHEREAS, a public hearing was held and concluded on September 12, 1985, in the Matter of the Application of STEVEN EGGERS, Appeal No. 3394; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. By this application, appellant requests permission to locate a 12' by 16' accessory storage building which will be used incidental to the residential use of the premises for storage of outdoor beach, boating, fishing and similar items. 2. The accessory building is proposed to be located a minimum of 25 feet from the northerly property line and along the upper bulkhead, which is at an elevation of 50 feet or more above mean sea level and is shown to be approximately 14 feet landward from the lower bulkhead, upon which existed previously a 15' by 15' storage structure. 3. The parcel in question is located in the "A-40" Residential and Agricultural Zoning District, contains an area of 41,500 sq. ft. (CONTINUED ON PAGE TWO) DATED: October 15, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) - � RECEIVE Page 2 - Appeal No. 33`j4 J t 0 2014 Matter of STEVEN EGGERS Decision Rendered October 3, 1985 (BOARD OF APPEALS and is known as Lot No. 48 on the "Amended Map A, Nassau Point Club Properties, Inc.," identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 15, Lot 7. 4. Existing upon the premises are a 1} -story frame house accessory swimmingpool, and accessory garage, all as shown on survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. 5. Article XI, Section 100-119.2(B) of the Zoning Ordinance restricts structures proposed on lots adjacent to tidal water bodies to be set back not less than 75 feet from the ordinary highwater mark of such tidal water body, or not less than 75 feet from the landward edge of the tidal wetland, whichever is greater. 6. It is the opinion of the board that the building loca- tion proposed is not unreasonable, particularly since there are bulkheads seaward of this proposed location and since the eleva- tion is more than 50 feet above mean sea level. In considering this appeal, the board finds and determines: (a) that the relief requested is not substantial under the circumstances; (b) that by allowing the variance as condition- ally noted below, there will not be a substantial change in the character of the district; (c) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed business use and its location; (d) that the circumstances are unique; (e) that the interests of justice will be served by allowing the variance as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that permission to locate a 12' by 16' accessory storage building BE AND HEREBY IS APPROVED in the Matter of Appeal No. 3394, in the Application of STEVEN EGGERS SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory structure only be used for storage and not contain any plumbing or extensive electrical facilities; 2. That the accessory structure be a minimum of three (3') feet from the upper bulkhead shown on the survey amended June 22, 1984, prepared by Roderick VanTuyl, P.C. and minimumber of 25' from the northerly property line; 3. There be no lighting which will be adverse to other properties. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to weather conditions.) lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CID& DATE( e - /s 6 �- HOUR,: o o i'.rl Town October 15, 1985. t~� •rtF'' -.F_ .Y �, ._.fir y,�,�V.Mie _ -.. C ' tri •r _•___...__._. 'r- it rl 46, 49 � _l ., "'1.y4i+y1^ f. �j. }r r � Pli�•�•'r1f� � ,,� .p 5' T M { � �a Je - .. a ..: •. � 8,:,-..0 ca�x' i � �,m.« '°s . °► ..>s,'119"J6'�w �,: j`,., Jfr�! J I �,lC 'tiv J ww•vu"wr,,,.araw+w" i �- t' ..r i. E,�s ' a/ /•.Y"`- ,n. CL llrOnl�?!Lf;T PM•`":•.Nw ..A/0 cF. ` r > '� ♦ f. pwn wc�r iw vww `�,: �� f R sem+= :%,� �<Z_'P6�'- Y Ar-�=4l,�OD- `qf •e""�.a.�^;,�`'..•` ( ;°J �.•� '� ;;AP,.>'G'.G G_t)J=c _ .tops rs1it�t �„r f.��,•,,,,�:..• ,�t2 AwrsaJsd IV yp�nbC�s riirovY. i/t� �qrMAIL 7t�•Ne.li9sSS8 •A►�c„r1e a Map A, fi led n Ahe a NA5 Sill/ V yrdrtl +u� 4 u `?Apf.'Rle►e LEAN T� 6 ' (�' J•Cn ; n r L !•/ GiEEC.. LfcLTJ-45d La"d rk D 0 C O f” rn n �rn v � -o r r • -- BOARD MEMBERS OF S0� lyoP Southold Town Hall 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson ti0�� Southold, NY 11971-0959 James Dinizio, Jr. Office Location: Gerard P. Goehringer �, ae Town Annex /First Floor, Capital One Bank George Horning • YOB 54375 Main Road (at Youngs Avenue) Ken Schneider 1�C0 Southold, NY 11971 http://southoldtown.northfork.net v` fRECEIVE® ZONING BOARD OF APPEALS RECEIYED JUL0--1 Tel.TOWN OF SOUTHOLD �f Tel. (631) 765-1809 • Fax (631) 765-9064 JUL 13 BOARD OF APPEALSFINDINGS, DELIBERATIONS AND DETERMINATION%440Q?�.� MEETING OF JULY 7, 2011 Southold Town Clerk ZBA FILE: 6472 NAME OF APPLICANT: Jane Weiland SCTM #1000-111-13-11 PROPERTY LOCATION: 6485 Nassau Point Rd. (adj. to Little Peconic Bay), Cutchogue, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls tinder the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 20, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: A Letter dated May 27, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. PROPERTY FACTS/DESCRIPTION.- Subject property is improved with a two story dwelling and an accessory garage. It contains 47, 516 sq. ft. with 190.33 feet of frontage on Nassau Point Road, 291.03 feet along East Club Road, 141.28 feet on Little Peconic Bay and 305.00 feet on the north property line as shown on the Project plan and section prepared by Hideaki Ariizumi, Architect dated 5/7/2011. BASIS OF APPLICATION: Request for Variance under Section 280-116, based on the Building Inspector's April 5, 2011, Amended April 12, 2011 Notice of Disapproval concerning an application to construct an accessory deck and shed, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead. RELIEF REQUESTED: The applicant proposes to construct a 326 square foot deck with a shed at 0' setback from the existing bulkhead. AMENDED APPLICATION: The applicant amended the application prior to this Boards scheduled Public Hearing. The application amendments reflect and comply with the requirements set forth in the "Board of Southold Town Trustees" permit #7542. The applicant reduced the deck to a maximum size of 199 square feet, removed the proposed shed and added a bench. They increased the bulkhead setback from 0' to 1.6'. ADDITIONAL INFORMATION: The adjoining waterfront property owners have existing deck features at their shared continuous bulkhead which are larger than what the applicant proposes in the "Relief Requested". The majority of the subject parcel is at approximately elevation 32 and slopes steeply down to elevation 7 at the toe-of- JUL_ O 1 2014. Page 2 —July 7, 2011 ZBA File#6472 - Weiland CTM: 1000-111-13-11 BOARD OF App ALS slope and bulkhead where there is a narrow sandy area between the toe of slope and the bulkhead. This narrow area, where the boardwalk/deck with built-in bench is proposed, is approximately 12 feet wide. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, 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). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed boardwalk/deck with bench at the bulkhead is smaller in area and similar in design to what the adjoining waterfront property owners have at the bulkhead. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The width of the area between the toe of slope and the bulkhead is narrow, at only approximately12 feet in width, and does not permit a conforming bulkhead setback due to this unique feature. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, requesting a 1.6 foot setback or 98% relaxation of the code required 75 feet setback. However, the requested variance may be considered not substantial when compared to larger decking structures that exist at the bulkhead on the adjoining properties. 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 proposed boardwalk/decking with built-in bench area is small and its proposed use is passive and will not affect the environment or have an adverse impact on this neighborhood. 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 requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 199 square foot boardwalk/deck with built-in bench , 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 Weisman (Chairperson), and duly carried, to DENY, the application as applied for and to; GRANT, alternative relief, and as shown on the revised Architectural Drawings entitled: Weiland Boardwalk, Project Plan and Section, Sheet A.001, dated 5/7/2011. Conditions: 1. The boardwalk/deck with built-in bench shall remain open to the sky. 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 RECEIVED Page 3 July 7, 2011 JUL 01 2014 , ZBA File#6472 -Weiland CTM: 1000 -III -13-11 BOARD OF APP ALS 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), Horning, Goehringer, Dinizio, Schneider. This Res ion w%ass duly adopted (5 -0). ,.A+ l!/r_ -, Y .. . Leslie Kanes Weisman, Chairperson Approved for filing 7 /§ /2011 Y.Wm NEW -42 �a R •� r $t . �t NA r +y Mn h �111CIM. Ift w REE IVED !! !! )014 IN Msxmi dw Kam nas .kris 11, 2014Aookkbg 04 (10) Alexander Kofinas June 11, 20141 looking WSW Awl ..� J�y r F t rA rk e''e . �!� _ • It � I "l sem' ? , s�,- -- lw r IDRECE ��� (n (13) AlexanderKofinas June 11, 20141 Looking S (14) Alexander Kofinas June 11, 20141 looking SSE UI'74 JUL 01 2014 (73) Alexalluci —unu- June 11, 201411ooking E (16) Alexander Kofinas June 11, 20141 looking E r wum c w�, e► ROAD or i*t o 14 �ST s �. ` 8.0.040'% .X. "� m w SI Af 0. a m ar t • aft `r80A ------ c _- tor 4 t► Mt10 ti fM FRO 1 1 i 350 se 00 b TEST bQA1�Ni •' r�`r 4TH 4• �'� -� . MOM ixT• OC1SA ►r �f S.K.afor.00• BAY pEC,00 SURVEY OF PROPERTY A T CU�TCOGCJlE TOWN DF SOt1THOLD SL FFFOLK COLSTY, N. Y. CERIF ra IM -M-0-04 ALEyW4M.K9FWAS AAV WORM � Moi►.xtm KO"US at •Tioshu of /Migp:" 0./yDoudl Topol ALEXAAM KASWAS 20/ QST .Ord► ,�Of�l fP EXEW MN TRUST MW Svh Aw 30 2011 & the "MR of AGE KOle m AREA 41,184 sq.tt. to tie 11 a 30 1 r TION ro fps ION N.Y.& Lit NO. 49618 Or c� T10N - O�N Y (631 M - 3020 FAX (6.31) 763-1799 w�raa�rslai�irw f.0. SOX 9d9•. I23b 6RJIVEI.0STREET ELEVATIONS ARE REFERENCED TO NA VD SOUTHOLD, N --Y- HS." 13-286J 3-286f RECEIVE �' D C� JUL, 0 1 7.014 BOARD OF APPEALS TOWN � r OF UTHOLD OPER Y RECO D CAR r A 4 1�lQ� j11 6,5r& -reqs STREET VILLAGE DISTRICT SU LOT FOK-MER OWN R 6C ro N!;�, CU 7'�c ,fi E t'�.C? v e • ACREAGE O R O PEALS GY Qom' fn► ana' S r A 5v 5 404J RES., f SEAS. VL FARM W COMM. IND. TYPE OF BUILDING I CB. I MISC. - LAND IMP. TOTAL DATE REMARKS/j/ �•-�� �,� �_-/�,,�t,, ,a dD (,3 ?4d a s /n1_., t ,, o r Q-� - 5k L ' 4 5 5 A� �.— s (� 0 7000 o100000, laz z z i i f5 d - L049GD731- Liakr 4 1� >n`r...: Ong gq QO 3BUILDINa C NDI 5700 3 ' �' 1 A1/(___ NEW NORMAL BELOW ABOVE f�� � i3� �« t =- $:r Farm Acre Value Per Acre Value Q Tillable 1 r P CR 7 J _ # 0 2 , Tillable 2 Tillable--- 3 Woodland Swampland I Brushland House Plot ws � i, ; tiz ' :�' i -' ��� '. � � .. �ye �, � I. #� � Revisbns - � - 1026-0-% �\ l'n;_ ' 23.1 INSERTA ` •' _ 1 9b 4y �„ i3 1s1 8 , i s _ 01-14m97/191 „ OS -01-97 \ y� __ a.n ' \ RECEIVED - • � � �b� S ' N 310 382 08-25-98 N 310.382 7 75 _ _ _ _ _ _ _ • rAq W# 'g ?. 2 1.9A(c)11 -24m98 2.1 02403-99 1 V 06-24-99 4 1.5A I . 11014 V1 " 09-19-00 • ,^ 1424-09��."-OA 12-27-00 BOARD OF APPEAL nq -013- P 83� 3g ,m m �a `' 'w a a s /Soj it \�o a 't' ` �1 oe-02.02 \__ a { 12-11-02� a A3 A' 45.1 42 N 5.1 rang -as, a'I 3 $ 7 B fi, .� 4. ,y 3A \ 02-20-03 .w OB- �... -- s I c rno O tC1 - - m e 4 s,., r'n rq $ ` ` 9 O 'a o r a '°a e d '� '�' `a, ZOP`•' / ,,a $'\ a �1 �� a , - - - &1 - - - __ a >s 4 61R', a•R i 2 yN 1 OP�cI P^ ten 15 14 1 -JA 12.2 21 6TS1s0 gyp•MENHADEN 6^ ,w ars"tl°° $ widen 3 1, tqn� 1 aw xi, 5 t.r0) s° rpt A 63 +.a 16� Y 2 p,al 18 8 '•. 4 ,>'" ,m 'c. 'A0 °En •A' A 61 a" 6n \ 1 4' Ar, i i62 yen 3 IyE1 a.n 1 11 .tp O 2 a- 15 q 116 '0, 1P ® 9 4/A 4.3A(c) 6 I'm6 4 am a0^ sn t ,a ra+ 11^ \ 1R Ra '• I^ INSERT �, ,' , SCALE Y=tar �1 �� a , - - - &1 - - - __ a >s 4 61R', a•R i 2 yN 1 OP�cI P^ ten 15 14 1 -JA 12.2 21 6TS1s0 gyp•MENHADEN 6^ ,w ars"tl°° $ widen 3 1, tqn� 1 aw xi, 5 t.r0) s° rpt A 63 +.a 16� Y 2 p,al 18 8 '•. 4 ,>'" ,m 'c. 'A0 °En •A' A 61 a" 6n \ 1 4' Ar, i i62 yen 3 IyE1 a.n 1 11 .tp O 2 a- 15 q 116 '0, 1P ® 9 4/A 4.3A(c) 6 I'm6 4 am a0^ sn t ,a ra+ 11^ \ 1R \t CIO 00 6 s0 O1.tA(c) t0 9 U pn 4 , $ / a,n G . t3 7 ra' t.7A(C) , , , \ G - ,y am 5 1.4A(01 ' 1,P 3 r S00 1.3A 1.6A(c) 79 1364 9 v° CA G rat ra3 i g Ro ' r � � 1 I SOOwN 19Q Y1 INSERT s SCALE tr.,ar W tioPs� .� 12 1a d9 , -' RD 26 4 ,5 `tY i 6 6 6a, O a4- 1.4c) - 66 � : - . ` � 12 1 � .•\ Z A 16 �' ,0 A (1 n 1., °' ty\t1F2 6 re _.(O1 - 2.9A(C) 15 .'' �cl -VA �"• 4. rS1 P1� k,.Z- t5 ,9 `• /O 1.4A(6) vA 0`^ 1T �' 4 `p°� �c 1 ,wr 4 1.300 ,1 r° 3.OA(C) 4P 162 , �` pw N1.0 IQ , ,' pu . Si Ns (1>01 N r0` w,l 11C� • t9 £ 26.1 I rai 9 a" �•.Ct LL rA p ta^ r rw ,� �+,,, 3.1A(C) a '. am ,g 'i t� N ,2 b 20 �o ' S ''a -'2:, �" ,O B` w*, 16A(C)\ 21 I a0 22 5 g ae 2 18.2 c>m, 19 ,A 3 b rn ,$ In- ran ' i 20 ' raT 1.3A( !^ p •\ t�-5b1t1NmA- "° .m ws t� M�12.&C) r' ,' � � '� Paw aro A ,4• '• b Ta a9 I (6 ew9E6.wwc. 3 . Q 17 am T) a>W b / b P,n 10 14, , I s, ��' A(C) 1 s► $• \ 12- n�_wC1 R 21 r °H, 0 •t'� rn �2 ,+�i1 77 `1`' '' m'I mng 22.1 r' ra4 om,p 4% R a yyr / MM rp p'^ 73 2a ,� i d. - - - _ rsr 5.4, \ Ip �\ / 7/ 6" 9 m ' a RM . 7.1 1 �'r>n 9 to 5 O.,0..g' x+ ^R Z b 0 +'° IC I I g 24 ren ,0 �'1.�C) ,5 2? r 1 OA(C) 11 _ aP 1.1 i0^ \ ` P - t»1 J 1.4A(Q ~ 4`P 1 �. 11 12 ,3 1 I , ry �" .p 2-11A(C) 72' a" Ali' , L arg , 0A(e) I I 16..i I mn , �< a, Al 91 �� x wI g27.1 ) 1.7A(c �d6' .TOA , 1°ylo- 2S - 1 4 F,� ,ecA' � Ary •� c' � +` `�, I � ; Y lo 25 I o -'Et �d ,'36.6 g 6t 'S'•9 - ,4 53 cl z9 w = 1.3A�(1 S.A 2 'p 16 6., 1 N. 1°. 1.4A(C) 31 p 12.OA(c) 1.4 A�.\ IC�B 3 0- a (GVVETA R' b 2.6A(c) FO . N pOArO 38.6 '�pd ,1 ysI 9 S 1 dp � SEE SEC. r 2.4A p r0 A Fpl ty,3 \\ < o ...��... i?Q. •�' , pa, MATCHLINE �..- MATCH LINE g s N 306.562 19 r N 308 SB2 �- 41 1.6 $ I �.� 1.3A(C) Grc 4 6 L A,,.I,«Awl.. s,en.wa.IrR.. e.aOl.�+ ------ sa.duwnaa. - -+�- - N,m�.G.OIau. - - - -° graSE', E NOTICE {t7' `.�•� COUNTY OF SUFFOLK© E TOWN OF SOUTHOLD SECTION NO • E --t.Re. (21) O r-•a^^I+- --P-- 1°tliip1yreVi" --"-- sons R "WEWWCE.ALTERATIOKSALE OR Real Property Tax Service Agency Y G wwr5.eia �ie ----- NewuiOhtiftw --MT-- me MOMNr OISTRIBIITION MAW PORTION OE TME .: ,� NLIAGE OF 111 E s..rmrsb. '�^-'- ad.a Os•ne�on a -_ lim°oaus, I�ae --�-- rww4o.na Ow --A-- ucr+T 46 rnTa, County Center Riverhead, NY11901 134 111 n -ft- 90 �r WTFIOVTC ,TTYTPE ISIS PROMBE tih M N A`xc srwl.c m rPFT 23 arAv 12AA(E)a12.,A �_- tin Owb L.e --�-- w,+..nn o�.:aw--vAv-- MIIIA/ E n TLVA,6A REAL PROPERTY TAX SkIVCEAOF THE - T,y y.3 ..� AO o 200 400 P plSTR1OT No 10� PROPERTY MAP REAL PROPERTY Tq%SERVICE AGENCY LTJ" 118 CONVE0.EiON MTE. Ora 0.00,0 0 ^ ' SEE SEC. NO. 103 MAZ. Y - TCH ----- ---------- FOR PCL NO. ^y ca 9 s, v'.'; • , 4 0 S 9 - 1 SEE SEC. NO. M y.M d" y' F ,d �. •• 0 1N� 28 tp x\ V 102-06-MO.2 1Pjtim. 4 .aq 3 18T i �. ^ F`y 0 DIY 1 .. 21 a n JI FOR PCL. RC TSFE SEC. Nf I ,o�mmu.s xl 18 12.6A (COUNTY OF SUFFOlX DEVELOPMENTRIGHTS) 1.1 S.OA(c) (COUNTYOF Std-FOIK 4L CEVEIOPNENTRIGNTS) 1.4 2 39.ro d ^ QP r # a ` "q ,,', Ae9' �0 7A 24 y c� N TOWN OF p 5 0 R 9 A d^� d' c'� r ,r 9 e a d t^. " �• b _ ij: SOUTHOLDA. 41 p O , ^y- 4 3.1A i (COUNTY OF SUFFOLK ( ll O 0 JQO` �•,, y^ $ '� 9 1 $ • ¢ ^y ^y d `C `\l JCS-.. �` a" ,� +� �Q? � •. '` �� "' '4�� �,�'` \ 1.4 *'1 2.7A \ J\Irr�—.: 2 F 4\ J. y d 'd o8 a 18 � a 1.3OF SUF7OLK RECEIVED J U Pft� 014 SCH.D.9 '6 1 1.3 ' -, -\ C.=. J' '� -,--, a BOARD OF APPEALINMDEMELOPMENTRICS POUNrY OF SUI 32-9 1 `C%3Zif\, 24.6A(c) I J I SEE PCL NO SEC. NO. �.- C', .--y ,09-05.023.2 374 'O (COIAVTYOF suFFOax OEYELOPAIENTRIGNT5) `' •--� I Q ) 0 112 rs ( \'. FOR PCL. NO. J 2 3 \\ \SEE SEC. NO ;�\�_ 15.4A(4) n 281 / ' o a w ?5 327 M 22 23 24 y y, 100 as 326 ' WICKSY RD. Rol 5.5A(c) m , 16 i1c 43 8 8 34 m R w1 17.1A g - _�i 9 10 11 12 73 (PECONIC LAND TRUST) DAK14 (CO(CONSEEASEMENT)pN EASEMENT) B� h ----.---------- N 9B2 N2B520D - 1 _ �nParNE MATCH � LINE R SEE SEC. NO. 117 L =E.—oTneLw�AUPw,PERTes y © K 10 103 1 TOM OF SOUTHOLD SECTION NO NOTICE COUNTY OF SUFFOLK E 159 e R YNIO G .Lk ------ D�a.M uL»--w----�T-- NNNTENANCEALTEMTIIX{SAEOR Real Property Tax Service Agency r E _--- L "I'�'�i DISTRIBUTION OF ANY PORTION OF THE '~ 1 110 VILLAGE OF 110 IXa.r <5 1vISR County Center RiverReeQ NY 11901 N V'w t+. LW baa Lw -- -- Anmriu flmro lr--A 5IIFFOLKCWNTY TA%MPPIB PROM&TED '`�- EAR° 90 f✓Ef1leE SCALE IN FEET. M 134 D —'1— 23 l^ �aa/Yw 121A(e)-2.1.P To.n len --- Eau lw —R-- O1WYnw ni+^n Lwv--WN-- MAAMFE LMSTFMrER MrTMWTVINITTEN PERMI55gN OF THE lb' 1� a Ae i00 A RV.L PROPERTY TAX SEiMCEAGENCY � P DISTRICT NO iD� PROPERTY MAP 12.1 A(c) 11M. u. ------ 1 117 GONYERSION WE An %. 2013 �Dl vrc"�«. e> I uvea wea �•. r•1Pi P. I• -In I--- _-----I -- --� "•`•••••••••••'""— -- I •--•. •.�. I REALPROPERTYTAXSERVICEAGENCY Isiy I pI \120 i I""I""'111• ,wR PROPERTY MAP 21 A(1 vre•L+a CONVERSION DATE FRL t0, 2(111 Date: 07/08/14 Quantity Transactions 1 ZBA Application Fees Notes: Payment Type CK #422 ***RECEIPT*** Amount Paid By $1,750.00 Kofinas, Alexander Name: Kofinas, Alexander 86 Abbey Rd. Manhasset, NY 11030 Clerk ID: CAROLH • Receipt#: 174415 Reference Subtotal 6774 $1,750.00 Total Paid: $1,750.00 Internal ID: 6774 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: July 3, 2014 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6774 KOFINAS, Alexander 422 $1750.00 TOTAL $1750.00 Sent via Inter -Office to Town Clerk by: ES Thank you. EL:ENL KOINAS AL:EX01DER D KOMNAS 86'A8&V Ra MANHASSEL NY 11030 NBW Yo* commewid 8a* Member RX of Banks' 0411 A*N t lads ClNWon For 422 %121IA14 j AAM MT Date -* Dollars Ar NP • ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER FF01i'N o� y� ca Z o*1 • o�� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 9, 2014 RE: Zoning Appeal No. 6774 • Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6774 of Michael A. Kimack for Alexander Kofinas as Trustee - The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Alexander Kofinas to Michael A. Kimack to Represent Him in this Matter, Notice of Disapproval from Building Department Dated June 10, 2014, Certificate of Occupancy No. Z 4923 for Private One Family Dwelling Dated December 5, 1972, Building Permit No. 5104Z to Build an Addition on an Existing Dwelling Dated December 15, 1970, Two Pages of List of Southold Board of Appeals Findings & Determinations, Three Pages of Action of the Zoning Board of Appeals No. 3582 Dated November 19, 1986, Three Pages of Action of the Zoning Board of Appeals No. 6510 Dated November 17, 2011, Three Pages of Action of the Zoning Board of Appeals No. 5555 Dated November 23, 2004, Two Pages of Action of the Zoning Board of Appeals No. 5932 Dated September 14, 2006, Three Pages of Action of the Zoning Board of Appeals No. 6718 Dated February 23, 2014, Three Pages of Action of the Zoning Board of Appeals No. 6653 Dated June 20, 2013, Two Pages of Action of the Zoning Board of Appeals No. 3235 Dated March 26, 1984,Two Pages of Action of the Zoning Board of Appeals No. 4955 Dated June 7, 2001, Five Pages of Action of the Zoning Board of Appeals No. 4224 Dated May 4, 1994, Four Pages of Action of the Zoning Board of Appeals No. 3642 Dated June 15, 1987, Three Pages of Action of Zoning Board of Appeals No. 3394 Dated August 16, 1985, Three Pages of Action of Zoning Board of Appeals No. 6472 Dated July 7, 2011, Eight Pages of Photos of Property, Copy of Survey Showing Property Dated March 24, 2014 Prepared by Peconic Surveyors, P.C., Two Pages of Property Record Card, Two Pages Tax Map Showing Other ZBA Actions, Site Plan Prepared by Mark K. Schwartz, AIA Dated June 19, 2014, Seven Pages of Plans Showing Elevations & Floor Plans Dated June 26, 2014 Prepared by Mark K. Schwartz. Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead, New York, 11901 Tel. 516-658-6807 E-mail: mkimack2@verizon.net August 8, 2014 To: Southold Zoning Board of Appeals Subject: ZBA file # 6774: Alexander Kofinas 61W RECEIVED 11OARO OFAPAEAtS As requested, the dimensions of the "as -built" storage shed at the bulkhead is 6"-8" deep by 20"-21/2" wide by 7'-8" in height as measured from the exterior. The square footage of the storage shed is 134.5 CHARLES A. BRAUTIGAM & IT'S MY WAY, LLC 675 West Road PO Box 1246 Cutchogue, NY 11935 August 6, 2014 Southold Town Zoning Board of Appeals PO Box 1179 Southold, NY 11971 RE: Alexander Kofinas, Trustee RECEIVED Variance Application #6774 AUG 7 805 West Road, Cutchogue, NY ?m BOARD OFAPPEALS Dear Chairperson and Board Members: I am the owner of the right-of-way and neighboring residential property to the East of the Kofinas property. I am writing this letter to let the Board know that I have no opposition to you granting the variances as applied for by Alexander Kofinas. Sincerely, C.J"� zm��� Charles A. Brautigam u�\ 0 opop � -1-1 q �LIOH IVJJZ,,c klw Q-&- 0 P a �' fix✓ ��a 41 �hoCE�ri' 6h6 or- Axa -voGfJ//✓G � D�� �T a %>IJ'T<Ut/C� L/�lJ/`l i�1�UCh1�•�b Lt/lC�7� pOClC �XT��lp//✓G 1N1 0 M/C�1.4vG ,11. /L/M.SZC/L;te�d,zlvd. IZAW.4xl -Iqq RECEIVED AUG 1 - 2014 ZONING BOARD OF APPEALS 3� ft( vo` P� urs Pat Iavarone 995 West Road, Cutchogue, New York 11935 Email: Piavarouc@gim61.com plione(516) 474-2283 6P 77q RECEIVED Thai PeanutDate: July 23,2013 ,iJ1_ 2 5 nw 30ARD OF APPEALS Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O.. Box 1179 Southold, NY 11971 RE: Variance Appeal for the Kofinas residence at 805 West Road, Cutchogue, New York, 11935 To All It May Concern: I am the west -side neighbor to the Kofinas residence at 805 West Rd, Cutchogue, New York 11935. I wish to state my objections to the request for a variance of the setback for the proposed project. I have reviewed the plans submitted for variance and observed the stakes placed on the property. The proposed construction's proximity to the water, combined with the elevation of their pool area, will block my view to the east. I will no longer be able to observe the early morning sunrise from my porch that I have grown to enjoy these last eighteen years. The proposal calls for a beautiful home and I congratulate them on the purchase of a great home site. I question the need to bring the structure so close to the bulkhead when they have the option of a standard setback given the large amount of property in the front of the house. Their argument that the front driveway slopes upward towards the street being the reason that the house needs to be setback is not valid. I have a similar slope to my property and with proper design and minimal cost the issue is easily rectified. I have proven this in the design approved by the town in 2009 on my property, which has a similar incline. I encourage the board to enter my property and sit on my waterside porch to clarify my concerns. If the Kofinas wish to create an elevated pool area, which appears to be in excess of six feet above existing grade, I implore the town to require the standard setback of seventy-five feet. I have enclosed photos from my porch. Thank you for yo r consideration in this matter Pat lava one 11415 J; ft -,v, }STE%'i� 041 cJ /'e-oM OY %b r? e -Al, lvp>r Trf c .SfiAkS /1,f v -/L` 67- aw v . (i 17.1-1EC DIVED (1 > 6 l( , BOARD OFAPPEALS BOARD MEMBERS • Southold Town Hall Leslie Kanes Weisman, Chairperson O��QF $�VryOl 53095 Main Road • P.O. Box 1179 ti O Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer Town Annex /First Floor, Capital One Bank George Horning ,^�aa�� 54375 Main Road (at Youngs Avenue) Kenneth Schneider ��COUNT1 .` 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, AUGUST 7, 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, AUGUST 7, 2014: 1:30P.M. - ALEXANDER KOFINAS, AS TRUSTEE #6774 - Request for Variances from Article XXII Section 280-116 and Article III Section 280-15&15B and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re -build a single family dwelling with pool surround, cabana and legalize an "as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage building and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed in location other than the code required rear yard, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-110-7-4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth(a7Town.South old. ny. us Dated: July 14, 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 4�1-y 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 July 14, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, August 7, 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 July 21St: 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 July 28th: 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 30th: 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 August 5, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS q- SOUTHOLD, NEW YORK AFFIDAVIT, OF In the Matter of the Application of MAILINGS A62e As. As' 72E, e 5 (Name of Applicants) SCTM Parcel # 1000- //O - 7` 4 COUNTY OF SUFFOLK STATE OF NEW YORK I, /`//C,1,A 5Z f? h'IV4C& residing at -?z/ 1e1VeAzr74W 101e. ,e/i/�"b /✓-Y New York, being duly sworn, deposes and says that: On the /8 /4day of %I UL Y , 2014, I personally mailed at the United States Post Office in j-,0Vr ifZ p , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ()0 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. Zell (Signature) fSworn to before e this 2�1 day of , 20 1 CONNIE D. BUNCH Notary Public, State of New York C (�L No. 01 BU6185050 Public Ouahfied in Suffolk County (Notary ) Commission Expires April 14, 2 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I/ • • �A ` Alexander Kofinas ZBA Application U.S. Postal ServiceTM List of lot owners who received certified m CERTIFIED MAILm RECEIPT • . L, 7X-Tr-M1Vr4-&TAMr-=t- Er M o', 49 ` 110-7-3 Pat lavarone rtj Postage $ 098 6 Sutton Place °' � Certified Fee 13.30 Manhasset N.Y. 11030 Po O Return Receipt Fee He Manhasset, O (Endorsement Required) E:..70 M Restricted Delivery Fee r3 (Endorsement Required) $0.00 ru 110-7-5 It's My Way LLC m Total Postage & Fees $ $6.70 07/18/2024 c/o Charles Brauti an Sent To g a 1 Y_�ll Y.__ILC C F 60 Q Street Apt. No.; 675 West Road ,� or PO Box No. �1�1A/�Q�,a�X�Z - city State, ZIP} Y s� P.O. Box 1246 PS Form 3800, August 2006 See Reverse for Instruction Cutchogue, N.Y. 11935 U.S. Postal Service,. CERTIFIED MAILT. RECEIPT M (Domestic• • . 110-7-6 Charles Brautigan n For delivery information visit our website at www.usps.coma C7 P.O. Box 1246 m WO.WflMIALUSE ru Cutchogue, N.Y. 11935 Postage $a.7o owl Certified Fee 97 77 � Postmark O Return Receipt Fee Here O (Endorsement Required) 110-5-44 Conrad Hopkins o p Restricted Delivery Fee 0 (Endorsement Required) /�,00 t} 25 St. James Street North ru C3 Total Postage & Fees $ 6.71V 47J 14 Garden City, N.Y.11530 m Sent To v rl - ,� 0 Street, Apt. o.; v[� r16:1 r r- or PO Box No. l m (DomesticrU Only; -0 M For delivery information visit our website at e. Ln Postage $ W 0971 Ln r-9 Certified Fee % 30 C3 j C3 Retum Receipt Fee Postmark C3(Endorsement Required) Z f2.7 Here Restricted Delivery Fee C3 (Endorsement Required) Q. Q G Total Postage & Fees $ 18/2014 r9 m Sent To 5------------------------ C3 Street, Apt. No., ^ / �/� or�---- JW-t#�1---__--- City, State, Z1�4 -✓ -_ � �! Y. �' " 6 PS Form :,, August 2006 Q" .Provided) 0 ul For delivery information visit our website at www.usps.come Er m 9 ru O Postage $ s0.• Er Certified Fee C r=16NPo O ReturnReceipt Fee C3 (Endorsement Required) $2 O Restricted Delivery Fee s O (Endorsement Required)ru !0. G7 Total Postage & Fees $ $6.70 07/18/2014 M M Sent To nV r -q ---------- ... Wl 0 Street Apt. No.; or PO Box Nota _�� --- -------- - ----------------- r ---------_---- .-. city, Stat IP+4 C ■ 0 • ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. IAC ■ Attach this card to the back of the maliplece, or on the front if space permits. 1. Article Ad to: �r �Y << C 6 ,c�J'r RoK40 A. ❑ Agent B. Recelvf d by Q'ilnted tffame) I C. D. Is delivery address different from item 1? u If YES, enter delivery address below: 0 N I � iJ 6 3. Service Type if.�f' ) Certified Mailm QPriority Mall Express" C11 )D G C /s%3s ❑ Registered I(Retum Receipt for Merchandise f 7 ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 3020 0001 9023 9 516 (Transfer from service label) It PS Form 3811, July 2013 Domestic Return Receipt P: . ' ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, l or on the front if space permits. 1. Article Addressed to: i I, -,1,y A. TC.4— ❑ Agent M ea.r,.e B. Received by (P nted Name) G D or u uv TGA D. Is delivery address different from item 1? JU yesk If YES, enter delivery address below: ❑ No U%�C/9' Q 1 3. Service Type A&ertifled Mail® ❑ Priority Mall Express' ❑ Registered )X Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7013 3020 0001 9023 9509 (transfer from service laben P3 Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6 jzlrTw X4 e,6 H*.vw4jzr, AI.Y 11036 A. Sig to X ❑ Agent ❑ Addressee B. heceiveld by (Printed Name) C. Date of Delivery D. Is delivery address different If YES, enter delivery addrf 3. Service Type 1-1 j�Certifled Mall® 13Priority Mail Express' ❑ Registered )? Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7013 3020 0001 9023 9523 (Transfer from service labeq PS Form 3811, July 2013 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Adr-A leaez� xS (nz-r� (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- /l0 - 7-4 COUNTY OF SUFFOLK) STATE OF NEW YORK) 0 V/ -410-1-14 V—o n N +-S AFFIDAVIT OF POSTING residing at &% , New York, being duly sworn, depose and say that: On the /('* day of I;v4z , 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 Postedbas remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be ,QUGU.ST 10/¢ Zybworn to before me this Day of , 201 CONNIE C. BUNCH Notary Public, State of New York (Notary Public) No. 01 BU6185050 Qualified in Suffolk County commission Expires April 14, 2 ©ilo * near the entrance or driveway entrance of my property, as the area most visible to passerby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KOFINAS, ALEXANDER # 6774 SCTM # : 1 000-1 1 0-7-4 *VARIANCE: BULKHEAD SETBACK/YARD SETBACK & LOCATION REQUEST: RE -BUILD DWELLING WITH POOL SURROUND 8 CABANA & LEGALIZE "AS BUILT" STORAGE BUILDING WITH DECK DATE: THURS., AUG. 71 2014 1:30 PM you are interested in this project, you may review the file(s) prior to the Baring during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 J �?`i� #11808 z� 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 31St day of July, 2014. LEGAL NOTICE -" SOUTHOLll TOWN1,1Z _k�, ZONING BOARD OF APPEALS THURSDAY AUGUST 7, 2014 Principal Clerk PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the fol- lowing public hearings will be held by�p the SOUTHOLD TOWN ZONING a e da M KEATING y BOARD OF APPEALS at the Town 1Q 40tA -ANDREW and COLLEEN SHARP #6777 - Re - Hall, 53095 Main Road, P.O. Box 1179, , quest for Variance from Article XXIII Southold, New York 11971-0959, on Code Section 280-124 and the Build - THURSDAY AUGUST 7 2014. ing Inspector's June 3, 2014 Notice 9:30 A.M. - KAROL FILIPKOWS- of Disapproval based on an applica- KI _0 48SE — (adj. from PH 7/10/2014) tion for building permit to construct Applicant request a Special Exception accessory ¢araee, at: 1) less than the uuuct .-M ucro in aecaOn The Applicant is the owner request- ing authorization to operate a con- tractors' yard. Location of Property: 41250 County Road, 48 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5 9:45 A.M. - MICHAEL RANSON #6753 — (adj. from July 10, 2014 PH) Request for Variance from Article XXII Section 280-116B and the Build- ing Inspector's March 17, 2014 Notice of Disapproval based on an applica- tion for building permit for "as built" accessory structures (shed/deck), at; 1) less than the code required bulkhead setback of 75 feet, located at: 8740 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000- 126-5-2.1 10:00 A.M. - THOMAS and KATH- LEEN BURKE #6763 — (Adj. from PH July 10, 2014) Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 1570 Bray Avenue (corner Fourth Street) Laurel, NY. SCTM#1000-126-7-26.1 10:20 A.M. - WALTER BELANCIC #6769 - Request for Variance from Ar- ticle III Section 280-15 and the Build- ing Inspector's May 29, 2014 Notice of Disapproval based on an application for building permit for "as built" ac- cessory shed, at; location other than the code required rear yard, located at: 500 Hill Road (Midfarm Road) South- old, NY. SCTM#1000-70-4-35 code required front yard setback (for waterfront property) of 35 feet, lo- cated at: 700 Ruch Lane (adj. to Ar- shamomoque Pond) Southold, NY. SCTM#1000-52-2 28.1 10.50 A.M. - NORTH FORK IN- VF_STORS. LLC. #6775 - Request for Variance from Article IV Section 280- 18 (Bulk Schedule) and the Building Inspector's June 25, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than code required single side yard setback of 15 feet, lo- cated at: 3475 Wunneweta Road (cor- ner Little Peconic Bay) Cutchogue, NY. SCTM#1000-111-8-17 t t •M A.M. - SPENCER DRAY - TON #6772 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 28, 2013, renewed May 23, 2014, updated July 9, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling, at; 1) less than the code required front yard setback of 40 feet, 2) less than the code required side yard setback of 15 feet, located at: 1120 Jacksons Landing, Mattituck, NY. SCTM#1000-113-6-1 11.15 A.M. - SHOWALTER FARMS, LLC. #6778 - Request for Special Exception under Article III, Section 280-13B(12) for equestrian stables and riding academy, located at: 18625 Main Road (aka NYS Route 25) Mattituck, NY. SCTM#1000-108-4-1.3 & 1.4 NOTARY PUBLIC -STATE No. 01 Vo6 i ( Qualified in Suffc my Comm)Q01 . 1130 A.M. - KIMOGEN610 POINT INC (Brennan) #6771 - Re- quest for Variance from Article XXIII Code Section 280-123 and the Build- ing Inspector's June 5, 2014 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at; 1) a nonconforming build- ing containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a con- forming use. The existing cottage is a non -conforming building with a non- conforming use, located at: 50 Jackson Street (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-116-6- 24.1 (Cottage #4) 1.15 P.M.- WINDSONG COVE. LLC. #6776 - Request for Variance from Article III Section 280-15 and Section 280-105C3 the Building Inspector's May 30, 2014, Amended June 26, 2014 Notice of Disapproval based on an application for building permit to construct acces- sory pool house, pergola, in -ground pool and deer fence, at; 1) accessory pool house, pergola, in -ground pool in location other than the code required rear yard, 2) 8' deer fence proposed in location other than side and rear yard, located at: 3770 Private Road #1(adj. to Long Island Sound) East'Marion, NY. SCTM#1000-22-3-4 for Variances from Article XXII Sec- tion 280-116 and Article III Section R 280-15 & 15B and the Building In- spector's June 10, 2014 Notice of Dis- approval based on an application for 'b building permit to re -build a single family dwelling with pool surround, cabana and legalize an "as built" stor- age building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures, 2) "as built" storage building and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana pro- posed in location other than the code required rear yard, located at: 805 West Road (adj. to Peconic Bay) Cu- tchogue, NY. SCTM#1000-110-7-4 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki.Toth@Town.Southold. ny.us. Dated: July 14, 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 11808-1T 7/31 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 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. #6774 Dear Mark: KOFINAS, ALEXANDER D�CEE VE JUL 032014 Southold Tovwi Planning Sovd 1000-110-7-4 We have received an application for additions and alterations to 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, Leslie K. d5man Chairpe so By: Le Office Location: $Q�ryol Mailing Address: O��,QF Town Annex /First Floor, Capital One Bank .1� "s' 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 GAO • i Southold, NY 11971-0959 C4UNT'I,Nc� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 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. #6774 Dear Mark: KOFINAS, ALEXANDER D�CEE VE JUL 032014 Southold Tovwi Planning Sovd 1000-110-7-4 We have received an application for additions and alterations to 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, Leslie K. d5man Chairpe so By: Le 0 0, Office Location: O��,rjf SQ(�ryOl Mailing Address: Town Annex /First Floor, Capital One Bank ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 119710 �c Southold, NY 11971-0959 i COMM http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 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 # 6774 Owner/Applicant : KOFINAS, Alex Action Requested: Rebuild a dwelling with pool surround & cabana & legalize an "as built" storage building with deck. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) () Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. isman ZBA ClXairoirson, in Encls. PECON IC BAY N 26 SEOUENCE OF PROJECT: 50' SETBACK FROM BULKHEAD ' "W 16 18, 20 / RETAINING WALL CONC. STEPS WALKWAY �L ON GRADE I II PLANTER PLANI 285. X I 1 SITE CLEARING: CLEARANCE OF MINIMUM SITE WORK AS NEEDED. INSTALL BERMS, HAYBALES, SILT FENCING AS REQUIRED. RUNOFF LOT COVERAGE: Ll FILL: OF UNDERGROUND WIRES, CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE 41,184 SQ. FT. AREA IS CLEAR. CLEAR THE SITE AT LEAST 20.25 FEET OF APPLICABLE) FROM THE PROJECT PERIMETER. DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION; DISTURB VEGETATION ONLY AS NEEDED, THEN RESEED OR REPLANT AS SOON AS PROPERTY WETLANDS: PRACTICAL LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE - DO NOT DRIVE OVER UNCLEARED AREAS. PROTECT UNCLEARED / AREAS WITH FENCING OR OTHER BARRIERS. PLACE BARRIERS AROUND THE DRIP -UNE OF TREES TO PREVENT INJURY TO THE ROOT M � SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS, A TEMPOARY GRAVEL DRIVEWAY SHOULD BE 39,966 SQ. FT. m 2 POLLUTION CONTROL- CONSTRUCTION DUMPSTER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. 3 7 I n I v / II o f I /r END LOADER PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. EXISTING HOUSE (TO REMOVE): EXCAVATION SHOULD BE AS LEVEL AS POSSIBLE. SET ELEVATION BENCH MARK PRIOR TO EXCAVATION. OVER DIG CLOCATION FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOR A WELL -DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK 25 CU. YD. A). IF THE DEPTF' OF EXCAVATION IS 6 FEET OR LESS. OVER DIG BY 3 - 4 FEET. LL B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR 5 CU. YD. / I' oc of HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHICH THE SLOPE IS STABLE, USSUALLY 50.0' I I I !6 1 4 53. ' 4.0I EXISTING DETACHED GARAGE: 1,6I1 -4%q w- 5 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE. PITCH GRADE ALONG PERIMETER - (WHERE POSSIBLE) OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH 414.6 SQ. FT. DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. - - 0 O LIMITS OF ! ` O CLEARING � PROPOSED NEW HOUSE: I� 5.4% I 3 O n T I-- -• 4 ' 10 CU. YD. 285. X I 1 SITE CLEARING: CLEARANCE OF MINIMUM SITE WORK AS NEEDED. INSTALL BERMS, HAYBALES, SILT FENCING AS REQUIRED. RUNOFF LOT COVERAGE: PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION. EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS FILL: OF UNDERGROUND WIRES, CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE 41,184 SQ. FT. AREA IS CLEAR. CLEAR THE SITE AT LEAST 20.25 FEET OF APPLICABLE) FROM THE PROJECT PERIMETER. DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION; DISTURB VEGETATION ONLY AS NEEDED, THEN RESEED OR REPLANT AS SOON AS PROPERTY WETLANDS: PRACTICAL LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE - DO NOT DRIVE OVER UNCLEARED AREAS. PROTECT UNCLEARED / AREAS WITH FENCING OR OTHER BARRIERS. PLACE BARRIERS AROUND THE DRIP -UNE OF TREES TO PREVENT INJURY TO THE ROOT M � SYSTEM. IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS, A TEMPOARY GRAVEL DRIVEWAY SHOULD BE 39,966 SQ. FT. INSTALLED WHERE VEHICLES ENTER THE JOB SITE. 2 POLLUTION CONTROL- CONSTRUCTION DUMPSTER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. 3 SOIL CONTROL EXCAVATED SOIL TO BE RETAINED ON SITE AS INDICATED ON SITE PLAN. RETAIN AS MUCH TOP SOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE. EXCESS FILL TO BE SHIPPED OFF SITE. CONTRACTOR AND EXCAVATOR SHALL INSPECT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS. ANY DIGGING WITHIN 24 ICHES OF UTILITY MUST BE DONE BY HAND. WHEN THE TOP SOIL IS PRESERVED. TILL THE SOIL FIRST. AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT END LOADER PROTECT GRASS, TREES AND OTHER PLANTS WHENEVER POSSIBLE. EXISTING HOUSE (TO REMOVE): EXCAVATION SHOULD BE AS LEVEL AS POSSIBLE. SET ELEVATION BENCH MARK PRIOR TO EXCAVATION. OVER DIG CLOCATION FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOR A WELL -DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK 25 CU. YD. A). IF THE DEPTF' OF EXCAVATION IS 6 FEET OR LESS. OVER DIG BY 3 - 4 FEET. 438.1 SQ. FT. B). IF THE EXCAVATION IS DEEPER THAN 7 FEET, THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR 5 CU. YD. INSTALL SHORING. EXISTING PATIO (TO REMOVE): HILLSIDE EXCAVATION: EXCAVATE THE HILL BACK TO AN ANGLE OF REPOSE - THE ANGLE AT WHICH THE SLOPE IS STABLE, USSUALLY BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIONS). 3 CU. YD. N. AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. 4 STORM WATER RUNOFF CONTROL INSTALL DRYWELLS (AND SEPTIC IF NEEDED) DURING CONSTRUCTION. GUTTERS AND DOWN SPOUTS TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF. ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. EXISTING DETACHED GARAGE: UNDERGROUND HOOKUPS (ELECTRIC, WATER, GAS, ETC.) -TO BE INSTALLED. 5 PROJECT COMPLETION: FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE. PITCH GRADE ALONG PERIMETER - (WHERE POSSIBLE) OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS. INSTALL CATCH BASINS WITH 414.6 SQ. FT. DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. HOUSE ROOF AREA: 4151 SQ. FT. AT 100% WATER RUNOFF: 700 CU. FT. PROVIDE (3) 8' DIA. X 6' DEEP DRYWELLS DRYWELLS CAPACITY: 760 CU. FT. CABANA ROOF AREA: 445 SQ. FT. AT 100% WATER RU14OFF: 75 CU. FT. PROVIDE (1) 8' DIA. X 2' DEEP DRYWELLS DRYWELLS CAPACITY: 84 CU. FT. RAISED PATIO AREA: 2000 SQ. FT. AT 100% RUNOFF: 334 SQ. FT. PROVIDE: n) Vdla. X 8'deep DRYWELL TOTAL CAPACITY: 338 SQ. FT. 1 RAISED 1 PATIO N/O/F PAT LAVARONE (DWELLING, PUBLIC WATER) 8'dia, Gdeep DRYWELL / 22 24 26 / -----y-IC 10 1- 1 'ZFMQVFn / S TE / L! / ♦ _ CO:GRADE �7 1 W / �� LY OOO,, L)CM DU,� /E TO REMAI ON SME FOR '-- / DURATION OF CONSM 9.2' --�? X15.5' 11.0' PLANTER / ' • _ ON SME FOR DU 7�J / / w � ',OF CON Fl t - r: 2 W 60 FRAMED N 0 / ' 8'dia, 4'deep ' ,:-_: HOUSE 1 v - Y DRYWELL w/ -_ -_ - -_ -_ _ _ > Ii I 1 `•,`,CATCH BASIN ce 14.5' {D ta, dee$::, PARKI • C 5.2 .0' RYV LL ,-----• RT:bo --------- •--- +1 1 .......... �, 10.7' 1 rSCRE�'NED , PORCH 12.8- ------ 2.8'- GARIAG E BURIED PROPANE TANK (LOCATION TBD) 0 ONC. & A - - RA / f 0 m CABANA- RETA,N,N4 8'dia, A deeA ♦ Z / ; CATC WALL / DRY/ELL tXISTING I/ 8'dia, 6;deep♦� d' / TO BE RE. / \ POOLE ,,,,,ENT DRYY(1ELL / M I1MPE*IOUS DRIVEWAY IOGTION ryIF) �i ♦ 8'dia, 4'deep 1 O \ / ♦ / 1 1 ♦ - DRYWELL uf/ / IO `I r ♦ i / CATCH BJ SIN / - / CN ♦ Wdia, 2'deAFF, ' 8'dia, 2'deep DRYWELL / IDRYWELL (BACKWASH) 1 RETAINING WALL PROVIDE SOUND ATTENUATION =CLEARING 50' SETBACK SURROUND FOR POOL EQUIPMENT N / 0 / F FROM BULKHEAD ITS MY WAY LLC SITE DATA: SCTM # 1000-110-07-04 - - - DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 41,184 SQ. FT. .95 ACRES LOCATIO PROPERTY WETLANDS: 1,218 SQ. FT. / M � BUILDABLE PROPERTY: 39,966 SQ. FT. 7 W ` ESTIMATED AREA OF GROUND DISTURBANCE: 20.000 SQ. FT. u z EXISTING HOUSE (TO REMOVE): 1909.7 SQ. FT. CLOCATION 100 CU. YD 25 CU. YD. EXISTING PORCH/DECK (TO REMOVE): 438.1 SQ. FT. 5 CU. YD. 5 CU. YD. EXISTING PATIO (TO REMOVE): 422.0 SQ. FT. 2 CU. YD. 3 CU. YD. EXISTING DETACHED GARAGE: 393.7 SQ. FT. 1.0% - - EXISTING BULKHEAD DECK: 414.6 SQ. FT. 1.0% - - PROPOSED NEW HOUSE: 2421.7 SQ. FT. 5.4% 350 CU. YD. 100 CU. YD. PROPOSED SCREENED PORCH: 614.2 SQ. FT. 1.5% 10 CU. YD. 5 CU. YD. PROPOSED NORTH PORCH: 162.3 SQ. FT. 0.4% 35 CU. YD. 10 CU. YD. PROPOSED RAISED PATIO, PERGOLA: 1937.4 SQ. FT. 4.9% 150 CU. YD. 50 CU. YD. PROPOSED NEW POOL 1,034.0 SQ. FT. 2.6% 250 CU. YD. 50 CU. YD. PROPOSED CABANA 168.8 SQ. FT. 0.4% 50 CU. YD. 10 CU. YD. SEPTIC SYSTEM TO REMOVE 50 CU. YD. 75 CU. YD. PROPOSED SEPTIC SYSTEM: 75 CU. YD. 50 CU. YD PROPOSED DRYWELLS: 75 CU. YD. 30 CU. YD. TOTAL 6846.7 SQ. FT. 17.2% 1152 CU. YD. 413 CU. YD. N/0/F C.A. BRAUTIGAN (CESSPOOL 150) MEETS & BOUNDS BY: PECONIC SURVEYORS DATED: NOV. 20, 2013 JAN. 17, 2014 (B.O.H.) I 11I I I I 1 111; .1(I 28/ 30 -303.3 1 303.3' 32 / ------/------ � /- Lw ,...., LIMITS OF C I / 126 W/ / 4SIN IOR JED/ GEN "Sdib, 4'deep D YWELL w/ C TCH BASIN / dia, 4'deep rn DRYWELL IMPERVIOUS ,CAT .H::BAr::: :::: ::::_::::::::...N 0 ti CONCRETE N WASH OU a LOCATIO M M / M � 7 W ` , J u z CLOCATION / SITE PLAN SCALEI / 34 In % LI ITS OF / �z✓✓ LEARING I / PVM / 36 I / I / 0.1 EXISTIN GARAG1 O0 / I 6.' / � / °, L. 36.7' ' S 260244'30" E P E Q U A S H AVENUE HAY BAY w/ SILT FENCING LIMITS OF CLEARING TO BE NO MORE THAN 20' FROM PROPOSED WORK AS I I i INDICATED ON SITE PLAN JUL o 1 2014 OFAFTEALS (DWELLING, PUBLIC WATER) I 0' DARK BROWN LOAM 1' OL BROWN CLAYEY SAND SC 4' PALE BROWN FINE TO MEDIUM SAND SP L _ _ J it TEST HOLE McDONALD GEOSCIENCE 12/26/2013 I REVISIONS O ai a W a 0 0 0-4 0 04 a 'a)'^ VI O Q Z F� 0 LLI U)0 CIS W � 3:3 O b 0 �U tv DRAWN: MH / MS SCALE: 1/4"=1'-0" JOB #: June 19, 2014 S-1 0 ti N a M M � M � U m a O ai a W a 0 0 0-4 0 04 a 'a)'^ VI O Q Z F� 0 LLI U)0 CIS W � 3:3 O b 0 �U tv DRAWN: MH / MS SCALE: 1/4"=1'-0" JOB #: June 19, 2014 S-1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider September 5, 2014 Michael A. Kimack 321 Riverside Drive Riverhead, NY 11901 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6774 - Kofinas Dear Mr. Kimack: Transmitted for your records is a copy of the Board's September 4, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. 1 0 e +P O ^Or ti0 • h o° � �' � d �.. `� � vrQ F' � N� � � \ra �� '� Y1 m � � 1\ dF 20 1 °` d� O- y, '' 73 2� ° 2p�e\ 41, $ r P F J# IV A% ^c t 41 qry161 � 'CO • P4 'll 'V 'O Oi p^ � � ^'+1 �� 7Qr• 7 / KcAna,� (b-0-0- I 10 - 7 - `f SCH.D. 9 S ] SCRIn5-f .— m � O, j 1( s o 00- 33.1 z � o�J a J� V 33.1 I I is N N 308 662 K 10 107 1 TOWN OF SOUTHOLD SECTION NO iOPERTIES NOTICE s�mw. COUNTY OF SUFFOLK © E ` Y 110 — SeeER VVAU NWNTENANCE. ALTERATION• SALE OR h' ! Real Property Tax Service Agency 1 9 110 VILIACE OF _ HvgiNli OISTRIBUTION OF ANY PORTION OF THE county Center It —head, N Y 11901 M INIITER SIFFOLKCOUNTY TAX WF IS PROHISITEO • • SCALE IN FEET 131 q`'' pp D 209 A DISTRICT NO 1000 _ WTHOUTWaTTENPERNISSIONOFTHE `i'�.'�� PROPERTY MAP WATEWIRR REAL PROPERTY TAX SERVICE AGENCY. P 11 117 CONVERSION PATE- Jan le. 2913