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HomeMy WebLinkAbout67711<,Iln�F )Z 117 � a S�rkso,� ComFokmloa v5e;- Arr>ooll 6ecd& /off3 '" a 1+ relic � BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider 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 RECEIVED Tel. (631) 765-1809• Fax (631) 765-9064 0 a a NOV 1 3 2014 Q outhold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6, 2014 ZBA FILE # 6771 AMENDED NAME OF APPLICANT: Kimogenor Point Co. Inc. (Brennan) SCTM # 1000-111-10 —1 (cottage #4) PROPERTY LOCATION: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 27, 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 August 1, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. This application falls under LWRP policy 4.1(3)c; sites where relocation of an existing structure is not practical. The subject parcel is located within the FEMA flood zones AE El 6 and X. The recommendation was made considering the following. 1. The proposal includes the renovation of the single family dwelling to be flood zone compliant. Due to the historic build out of the lot there is little ability to relocate the structure outside of the AE El 6' flood zone or the on-site sanitary systems outside of the 0.2 percent annual chance flood hazard zone (Zone X). 2. The proposed additions to the footprint of the dwelling equal 59 square feet and involves no substantial changes to the existing structure. 3. The sanitary system will be newly constructed and new storm water controls will be required. PROPERTY FACTS/DESCRIPTION• The subject parcel is a conforming lot located in the R-40 zone on 3.38 acres with non -conforming residential uses. It is improved with six single-family dwellings, one multi -car garage, one shed, and one cottage. There is one wood deck located seaward of the high water mark. This is one of the few remaining vestiges of the summer/seasonal communities created within the town prior to zoning and maintaining its pre-existing non -conforming status. The parcel is one of two parcels and has been owned by a real estate Page 2 of 4 — September 18, 2014 ZBA File 6771— Kimo enor Point Co. Inc. (Brennan) SCTM#1000-111- I -I cooperative, Kimogenor Point Co. Inc., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the North and Great Peconic Bay to the South as shown on a site plan dated June 6, 2014 prepared by Samuels and Steelman Architects. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123 and the Building 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 building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. The existing cottage is a non -conforming building with a non -conforming use. RELIEF REQUESTED: The applicant requests a variance to demolish and reconstruct a single-family dwelling. The existing cottage is a nonconforming building with a nonconforming use. The demolition and reconstruction will maintain the existing nonconformity. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant proposed to reconstruct the new dwelling within the existing footprint of the existing dwelling. The original application contained a small increase in the floor area of the new dwelling. The applicant also amended the first floor plan removing the two -car attached garage, which is not characteristic of the neighborhood, and replaced it with a mudroom and storage room. ADDITIONAL INFORMATION: The applicant's agent, Tom Samuels, testified at the hearing that in addition to the subject parcel, the entire cooperative consists of twelve dwellings. The agent provided pictures of all twelve dwellings and testified that all of the dwellings have been renovated and altered within the lifetime of the cooperative. The agent testified that the applicant's reconstructed Unit # 4 will, after construction, be the size, shape, and design similar to other dwellings in the cooperative. The applicant's agent further testified that there are not any salvageable members of the existing Unit #4. From an engineering perspective, there is not any practical reason to maintain any existing parts of the house. The existing home was built in 1915 and was not built to meet current New York State building code standards or FEMA flood regulations. In order to meet FEMA flood regulations the house must be raised 18 inches. Further, in order to meet New York State building codes the existing structure needs to be reframed, new electric services, new insulation, new plumbing, and a lead paint abatement. If the structure may not be demolished the necessary works in renovating Unit # 4 will require working around the existing structure. The existing framing does not conform to NYS building code therefore new framing members will have to be sistered to the existing framing members and new hurricane strapping must be strapped to the new framing. Existing framing members will be completely entombed by new framing and will not serve any practical use. This is a costly process that does not contribute to the quality of the house, will not change the character of the neighborhood or lessen the degree of the property's non -conformity. Further, even entombed, rot and lead paint will still exist in the walls, and insulation would be less continuous in cavities partially taken up by old framing. The applicant's agent further testified in a letter dated August 15, 2014 two renovations with additions projects were recently completed within the Kimogenor Point Co. The Archer project, Unit # 9, in 2004 included a 49% increase in living area and the Bingham project, Unit # 7, completed in 2012 included a 26% overall increase in living area. The letter further states that aesthetically the proposed second floor is under a roof with shed dormers and pitches so that after construction this home will match most of its neighbors. The project has been extensively vetted by the Kimogenor Point Community and has been endorsed by all of the Kimogenor Point Shareholders and Board of Directors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 3 of 4 — September 18, 2014 ZBA File 6771— Kimogenor Point Co. Inc. (Brennan) SCTM#1000-i VI— 10— ( and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance relief as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Kimogenor Point Co. cooperative has existed since 1915. The entire cooperative consists of twelve residential units and three accessory structures. All of the units are of the Long Island beach cottage design. They consist of two story and one story units which are painted white and have colored shutters. All of the units have been renovated since they were originally built. The majority of the Units, eight out twelve, are currently two stories. In Kimogenor Point the average second floor area as percentage of first floor area is 68%. The applicant's proposed second floor area as percentage of the first floor area is below average at 65%. The number of bedrooms will remain at five and only one half bath is proposed to be added to the existing three full baths. The proposed second story will not increase the intensity of this unit's use. The proposed storage room will exist within the original footprint of the existing house. It will not be visible from the front or from the road. On the private lane side it will be screened by an existing hedge which will have a small opening limiting the visibility of the storage room from its surroundings. The new dwelling will conform to other two story units in the neighborhood. 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 Kimogenor Point Co. cooperative has owned this non- conforming six dwelling property for almost 100 years, since 1915. Because there are six single-family dwellings on this property, where the code permits a maximum of one dwelling, any proposed development on this property will be non -conforming and require a variance. The age and poor condition of the home requires the applicant to be permitted to demolish and rebuild the dwelling. After construction the new dwelling will have the same exact building footprint as the existing dwelling. The building setbacks and developed lot coverage will not change. The parcel's non -conformity will not change. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the existing dwelling has existed since 1915 and the owner of the unit needs to be able to reconstruct his dwelling to meet current New York State building codes and FEMA flood regulations. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders, gutters, and drywells in conformance with the code. 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 &267-b. Grant of relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modern 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 DENY, the variance as applied, and to GRANT, the variance relief as amended to demolish the existing structure and to reconstruct a new structure within the existing footprint of Unit 4 4 as shown on the site plan and architectural drawings by Samuels and Steelman dated June 6, 2014 labeled Site Plan sheets 1& 2, Plan Analysis labelled sheet 2 and updated drawings Page 4 of 4 — September 18, 2014 ZBA File 6771— Kimogenor Point Co. Inc. (Brennan) SCTM#1000- i1-), (0-1 submitted to the Zoning Board of Appeals dated progress prints 9/5/14 and labelled sheets 6 & 7 and plans dated progress prints 9/2/14 labelled elevations sheets 9 & 10. Subject to the following conditions; CONDITIONS: 1.) That the applicant has one year from the date of this decision to apply for a building permit. 2.) The applicant must submit updated drawings showing that the new structure conforms to the existing footprint of Unit #4. 3.) The applicant must have a Licensed Land Surveyor verify that the new structure has the same footprint as the existing structure. 4.) The proposed first floor bay window shall not extend beyond 18" of the foundation. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Vote of the Board: Ayes: Members Schneider, Horning, Goehringer, Dantes. Absent was: Member Weisman (Chairperson). This Resolution was duly adopted (4-0). Kenneth Schneider, Acting Chairperson Approved for filing / /2014 Vote of the Board. Ayes: Members Schneider, Horning, was du opted (5-0). z/�Zmah"' ,,, Leslie Kanes Weisman, Chairperson Approved for filing � / le /2014 Goehringer, Dantes, Weisman (Chairperson). This Resolution . SQA V NEST 'GREE< �571a-00 'v• ILLS '••`•,• • ,t• t.•4 / I f eCKSIN RESIDENCE \ '•. / ; : 2594 of I \ LAWN / `:,: ► ;; CLUB HOUSE I "•: BULKHEAD j 4 1 \ � \ I f `• SHEDS I \ \ i ;: i ! c::•I 594 of I RESIDENCE I SLIM YD MOOD B"LKHEAD `••: _..:•! WOOD BULKHEAD I y ' • ' t;; ;. I L ` - • `. .j `::' „�;; : ,= , ` I GARAGES %\ '`' r `` :: • J 9055 of \ \ \ ''�•'' ,.x• • ~ 5UFPOLK COUNTY WATdR \ \ =� �,::: ; :•; - AUTHORITY UNDER6ROOW \ \ , i ..3: •:�' r .,:• WATER MAIN ? RESID>=NCE _. - \\ ,. •;. tib..• I 2764 of :. "\ RESIDENCE .'�..,':,:•t!-• y:.�: CANAL, LAWN I .. BEACH \ •.O FISHER \',�+'�. •��, •' .sura � f • . . . 111111 tri te\ NFork �- APPARENT HIGH WATER MARK \ \ °, : 1 •• 2549 of \ \ • .;. - :�• .w FLOOD ZONE BOUNDARY LINE , \ K. \\ •� f ' '� EXISTING HOUSE TO BE RENOVATED 3 AND ADDED TO Pi/NEN FOUNDATION �/ w . • , - i EC -OND FLOOR n 2866 J� BEACH`� APPROXIMATE LOCATION OF MARSHY� \t, y I RESIDENCE "• f NEW SANITARY SYSTEM, PER ' \ \ �_ a S�� • ' ,..' '''� :•� ' KEAN ' K 6, -7F ---,EAT T� O I 1 APPARENT HIGH WATER MARK I \ \ RESID>=Nce \ I \ 2268 of PROPERTY LINE \\ RESIDENCE \ 5062 of SITE PLAN SCALE. 1 - 40' BEACH I , NEW SUFFOLK, NY � '"NOTES t 'KIMOGENOR POINT COMPANY OWNS THREE SEPARATE PARCELS, TWO OF WHICH ARE REPRESENTED HERE. THE PROJECT IS LOCATED ON ONE PARCEL, W/TAX MAP ABOVE SURVEY INFORMATION SUPPLEMENTED WADDITIONAL INFORMATION FROM AERIAL PHOTOGRAPH AND FIELD SURVEY BY ARCHITECT FINAL MAP REVIEVVII'77 ^ z; c ` D i � '.� _... ,.. (FINAL MAP REVIEWED By Zgq SEE DECISION # 71 DATED q /1W', / -az RECEMD ,lUN 19 ZM4 ZONING BOARD OF APPEALS REGULATORY APPROVALS uj 0 Z�. O Luz Q j Z O O C/) LjL V- W 07 W Q z Z tea_ Z Z 0 Om Z W I— O Q W Z it �W O . Z im W Fm 08 Z M E3 to >Jg• '0-- 2 0 LLI w z C t Z LL n uiLL � C L N �%• G LLW • N V v� t� 5•Ip,TE OFN� OOAS C. �1 s9� O G 8`�SO-1 PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 6/6/14 SCALE: 1"=40'.0" SHEET TITLE: SITE PLAN SHEET NO: SITE T ���' SCTM # 1000-116-06-24.1 ST PARCEL ADDRESS: O-dACKSON STREET NEW SUFFOLK, NEW YORK 11956 OWNER: KIMOGENOR POINT CO. c/o BILL ARCHER 29 GREEN MEADOW LANE HUNTINGTON, NY 11743 LEASEE: DONALD AND JESSICA BRENNAN 21 REMSEN ST. BROOKLYN, NY 11201 SITE AREA: 147,348 SF +/- = 3.38 AC BUILDINGS: 20,891 SF =14.2% PROPOSED ZONING: R-40 FLOOD ZONE: AE6/X SURVEYOR: NKathan Taft Corwin III 1586 Main Road Jamesport, New York 11947 LICENSE # 50467 DATED,: NOVEMBER 18, 2013 � f • . . . 111111 tri te\ NFork �- APPARENT HIGH WATER MARK \ \ °, : 1 •• 2549 of \ \ • .;. - :�• .w FLOOD ZONE BOUNDARY LINE , \ K. \\ •� f ' '� EXISTING HOUSE TO BE RENOVATED 3 AND ADDED TO Pi/NEN FOUNDATION �/ w . • , - i EC -OND FLOOR n 2866 J� BEACH`� APPROXIMATE LOCATION OF MARSHY� \t, y I RESIDENCE "• f NEW SANITARY SYSTEM, PER ' \ \ �_ a S�� • ' ,..' '''� :•� ' KEAN ' K 6, -7F ---,EAT T� O I 1 APPARENT HIGH WATER MARK I \ \ RESID>=Nce \ I \ 2268 of PROPERTY LINE \\ RESIDENCE \ 5062 of SITE PLAN SCALE. 1 - 40' BEACH I , NEW SUFFOLK, NY � '"NOTES t 'KIMOGENOR POINT COMPANY OWNS THREE SEPARATE PARCELS, TWO OF WHICH ARE REPRESENTED HERE. THE PROJECT IS LOCATED ON ONE PARCEL, W/TAX MAP ABOVE SURVEY INFORMATION SUPPLEMENTED WADDITIONAL INFORMATION FROM AERIAL PHOTOGRAPH AND FIELD SURVEY BY ARCHITECT FINAL MAP REVIEVVII'77 ^ z; c ` D i � '.� _... ,.. (FINAL MAP REVIEWED By Zgq SEE DECISION # 71 DATED q /1W', / -az RECEMD ,lUN 19 ZM4 ZONING BOARD OF APPEALS REGULATORY APPROVALS uj 0 Z�. O Luz Q j Z O O C/) LjL V- W 07 W Q z Z tea_ Z Z 0 Om Z W I— O Q W Z it �W O . Z im W Fm 08 Z M E3 to >Jg• '0-- 2 0 LLI w z C t Z LL n uiLL � C L N �%• G LLW • N V v� t� 5•Ip,TE OFN� OOAS C. �1 s9� O G 8`�SO-1 PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 6/6/14 SCALE: 1"=40'.0" SHEET TITLE: SITE PLAN SHEET NO: ui (a) z� 0 ULI Z c ®� J Z �O O cl) U. ...� U. 07 Q UJ zz 06 F- i/) Q _Z Z Z O O 0.w F- Q LU O z >w0 O w O Z m0 w LU ad Z. t/1 Q • � " a 13 o W ..J `u z C t D W. I N &It C L W• N 0 V ti OF o'S C. S p r" 9 cn PROJECT NO: 0805 DRAWN BY: TS CHECKED BY: DATE: 6/6/14 SCALE: 1„ = 101. 0" SHEET TITLE: SITE PLAN SHEET NO: �I REVISED °.f�114 x/2/14 O Z cl) LLJ O ZQU. O U p cf) LLJ ez W Q � Z cl) Z O a. O W O p Z W > LU 0O O L 08 Z • co Q• c Jam' �WE 0 o LU _j �W•�y�� Q N 0 W • N V co) V/ - ��pF NEW yp 01835�'� PROJECT NO: 0805 DRAWN BY: TCS E :. DATE: 6/6/14 • A 1 /4" = 1' = 0" SHEET TITLE: PLAN ANALYSIS SHEET NO: rima i rLV V R r L/�-'►1� SCALE: 1/4" =1' -01' O REMAIN SHOWN w/LIGHT ID OUT, REINFORCE FRAMINCG E INSULATION, NEW INTERIOR :S LVL w/(2)1"x9" STL. �N WELD ® ANGLE BREAK LVL w/(2)1"x9" ZATION WELD ® ANGLE ,-IN w/2000# SAPS CLAMPS TOP 4 BOTTOM (3)Q -I/2" LVL .L PENETRATION WELD FINAL MAP REVIEWED BY ZBA SEE DECISION #_ DATED Ot PROGRESS PRINTS 9/5/14 RECEIVED SFP .9 %0 80ARD 0FAPPF4L,l O Z co-uj J rl LL 0cf) cl) ULI uj Z Q � F_ Z O o -- O f� z Z > LLJO O x ca Z. V/ � • Ih Of Jam• S�� F2 LV J . z zz _U. NLLr LU O cn 4 a r W. N = Q I— • v m N N. or NEW yon o�Ps 'P 018350 .� RGA\ PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 6/6/14 ALE: 1/4 11 =1V.011 SHEET TITLE: FIRST FLOOR SHEET NO: t m ;n a s SCALE: 1/4" V-0" OOR PLAN. FINAL MAP REVIEWED BY ZBA SEE DECISION # b-7 1 DATED R/rg /aa�y PROGRESS PRINTS 9/5/14 RECEIVED SEP 9 2014, BOARD OF APPEALS w LJJ z I- 1 cl)U� O Z o U. P cl) co Q W Z Z c Z O 0. p w O Q Z ui 1,110 0 O Z � W ad Z. (/� � / Q • p� M a! T 5 T 0 } f0 LV J • z a=LL �W•���o < N C1 W. N 0 U tMvo cri- OF NEW), O c�,Ag C. S,q O,�G'A�- �1835� 1 PROJECT NO: 0805 DRAWN BY: TCS DB : DATE: 6/6/14 A E: 1/411 = 1' - 0" SHEET TITLE: SECOND FLOOR SHEET NO: =1 RECEIVED 'SEP 2 20NING BOARD OF q pp . EALS PROGRESS PRINTS 9/2/14 LU LU . 0 z .Z � Y co UJ O ZL. O O LL sco rn Uj w Q z 06 z co O Z °- .O F- z Q w .>O O O Z � w � m ca Z . N a• M E3 LLJ r r Jam• ��_� z DW•�Lz �CD a N t.$ W• N a �• lu U) cl)- 0F NEW y0 �P S G. SAM f' PROJECT NO: 0805 D RAW N BY: TCS CHECKED DATE: 6/6/14 SCALE: .1 1'1/4"=V-0.. SHEET TITLE: ELEVATIONS SHEET NO: ... NORTH ELEVATION SCALE: 1/4" =1' -0".,.. u FINAL MAP IREVIEWEL" J3Y ZBA SEE DECISION # �7 DATED =jo) RECEIVED SEP 2 2014 ZONING BOARD OF APPEALS PROGRESS PRINTS 912114 w o Z z �W� 0 z O L. o LL oLU o w z Q �tS F- z v) Z o °- Ow PO Q z w LU 0O o Z � wrn� oc , ca Z. 13 J 2• o } z W J• • z 3z LL.�w InZ)o Q �W• N 01 Nx Q I— • csi o U) U) - OF NEW t, i� as 'P 01835" PROJECT NO: 0805 DRAWN BY: TCS E D BY: • DATE: 6/6/14 SCALE: 1/419 = 1' - 0" SHEET TITLE: ELEVATIONS SHEET NO: BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider T 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 SEPTEMBER 18, 2014 RECEIVED "d !r•/� SEP 2 3 2014 outhold Town Clerk ZBA FILE # 6,771 NAME OF APPLICANT: Kimogenor Point Co. Inc. (Brennan) SCTM # 1000- l I Z— 1a-1 (cottage #4) PROPERTY LOCATION: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY SARA 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 June 27, 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 UAW Coordinator issued a recommendation dated August 1, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. This application falls under LWRP policy 4.1(3)c; sites where relocation of an existing structure is not practical. The subject parcel is located within the FEMA flood zones AE El 6 and X. The recommendation was made considering the following. 1. The proposal includes the renovation of the single family dwelling to be flood zone compliant. Due to the historic build out of the lot there is little ability to relocate the structure outside of the AE El 6' flood zone or the on-site sanitary systems outside of the 0.2 percent annual chance flood hazard zone (Zone X). 2. The proposed additions to the footprint of the dwelling equal 59 square feet and involves no substantial changes to the existing structure. 3. The sanitary system will be newly constructed and new storm water controls will be required. PROPERTY FACTS/DESCRIPTION: The subject parcel is a conforming lot located in the R-40 zone on 3.38 acres with non -conforming residential uses. It is improved with six single-family dwellings, one multi -car garage, one shed, and one cottage. There is one wood deck located seaward of the high water mark. This is one of the few remaining vestiges of the summer/seasonal communities created within the town prior to zoning and maintaining its pre-existing non -conforming status. The parcel is one of two parcels and has been owned by a real estate Page 2 of 4 — September 18, 2014 ZBA File 6771— KimoQennr Point Co. Inc. (Brennan) SCTM#1000-: 11"i^ 10—t cooperative, Kimogenor Point Co. Inc., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the North and Great Peconic Bay to the South as shown on a site plan dated June 6, 2014 prepared by Samuels and Steelman Architects. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123 and the Building 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 building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. The existing cottage is a non -conforming building with a non -conforming use. RELIEF REQUESTED: The applicant requests a variance to demolish and reconstruct a single-family dwelling. The existing cottage is a nonconforming building with a nonconforming use. The demolition and reconstruction will maintain the existing nonconformity. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant proposed to reconstruct the new dwelling within the existing footprint of the existing dwelling. The original application contained a small increase in the floor area of the new dwelling. The applicant also amended the first floor plan removing the two -car garage and added a mudroom and storage room. ADDITIONAL INFORMATION: The applicant's agent, Tom Samuels, testified at the hearing that in addition to the subject parcel, the entire cooperative consists of twelve dwellings. The agent provided pictures of all twelve dwellings and testified that all of the dwellings have been renovated and altered within the lifetime of the cooperative. The agent testified that the applicant's reconstructed Unit # 4 will, after construction, be the size, shape, and design similar to other dwellings in the cooperative. The applicant's agent further testified that there are not any salvageable members of the existing Unit #4. From an engineering perspective, there is not any practical reason to maintain any existing parts of the house. The existing home was built in 1915 and was not built to meet current New York State building code standards or FEMA flood regulations. In order to meet FEMA flood regulations the house must be raised 18 inches. Further, in order to meet New York State building codes the existing structure needs to be reframed, new electric services, new insulation, new plumbing, and a lead paint abatement. If the structure may not be demolished the necessary works in renovating Unit # 4 will require working around the existing structure. The existing framing does not conform to NYS building code therefore new framing members will have to be sistered to the existing framing members and new hurricane strapping must be strapped to the new framing. Existing framing members will be completely entombed by new framing and will not serve any practical use. This is a costly process that does not contribute to the quality of the house, will not change the character of the neighborhood or lessen the degree of the property's non -conformity. Further, even entombed, rot and lead paint will still exist in the walls, and insulation would be less continuous in cavities partially taken up by old framing. The applicant's agent further testified in a letter dated August 15, 2014 two renovations with additions projects were recently completed within the Kimogenor Point Co. The Archer project, Unit # 9, in 2004 included a 49% increase in living area and the Bingham project, Unit # 7, completed in 2012 included a 26% overall increase in living area. The letter further states that aesthetically, the proposed second floor is under a roof with shed dormers and pitches so that after construction this home will match most of its neighbors. The project has been extensively vetted by the Kimogenor Point Community and has been endorsed by all of the Kimogenor Point Shareholders and Board of Directors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property Page 3 of 4 — September 18, 2014 ZBA File 6771— Kimn¢enor Point Co. Inc. (Brennan) SCTM#i000-. t 1-1-1 U --1 and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance relief as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Kimogenor Point Co. cooperative has existed since 1915. The entire cooperative consists of twelve residential units and three accessory structures. All of the units are of the Long Island beach cottage design. They consist of two story and one story units which are painted white and have colored shutters. All of the units have been renovated since they were originally built. The majority of the Units, eight out twelve, are currently two stories. In Kimogenor Point the average second floor area as percentage of first floor area is 68%. The applicant's proposed second floor area as percentage of the first floor area is below average at 65%. The number of bedrooms will remain at five and only one half bath is proposed to be added to the existing three full baths. The proposed second story will not increase the intensity of this unit's use. The proposed storage room will exist within the original footprint of the existing house. It will not be visible from the front or from the road. On the private lane side it will be screened by an existing hedge which will have a small opening limiting the visibility of the storage room from its surroundings. The new dwelling will conform to other two story units in the neighborhood. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Kimogenor Point Co. cooperative has owned this non- conforming six dwelling property for almost 100 years, since 1915. There are six single-family dwellings on this property, therefore any proposed development on this property will be non -conforming and require an area variance. The age and poor condition of the home requires the applicant to be permitted to demolish and rebuild the dwelling. After construction the new dwelling will have the same exact building footprint as the existing dwelling. The building setbacks and developed lot coverage will not change. The parcel's non -conformity will not change. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the existing dwelling has existed since 1915 and the owner of the unit needs to be able to reconstruct his dwelling to meet current New York State building codes and FEMA flood regulations. 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 in conformance with the code. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a modem 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 DENY, the variance as applied, and to GRANT, the variance relief as amended to demolish the existing structure and to reconstruct a new structure within the existing footprint of Unit # 4 as shown on the site plan and architectural drawings by Samuels and Steelman dated June 6, 2014 labeled Site Plan sheets 1& 2, Plan Analysis labelled sheet 2 and updated drawings Page 4 of 4 — September 18, 2014 ZBA File 6771— Kimnnrnor Point Co. Inc. (Brennan) SCTM#1000- 11— (Q —1 submitted to the Zoning Board of Appeals dated progress prints 9/5/14 and labelled sheets 6 & 7 and plans dated progress prints 9/2/14 labelled elevations sheets 9 & 10. Subject to the following conditions; CONDITIONS: 1.) That the applicant has one year from the date of this decision to apply for a building permit. 2.) The applicant must submit updated drawings showing that the new structure conforms to the existing footprint of Unit #4. 3.) The applicant must have a Licensed Land Surveyor verify that the new structure has the same footprint as the existing structure. 4.) The proposed first floor bay window shall not extend beyond 18" of the foundation. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Vote of the Board: Ayes: Members Schneider, Horning, Goehringer, Dantes. Absent was: Member Weisman (Chairperson). This Resolution was duly adopted (4-0). GI nneth Schneider, Acting Chairperson Approved for filing '? / yZ/2014 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner June 27, 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: RECEIVED JUL 0 3 2014 BOARD OF APPEALS 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. Analicant Municipal Ne Number Belancic, Walter 6769 Kimogenor Point Co. (Brennan #4) 6771 Drayton, Spencer J 6772 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 0 P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 8535191 F P� 0 �OO!/r OFFICE LOCATION: 0F Sy� MAILING ADDRESS: Town Hall Annex i �Q P.O. Box 1179 54375 State Route 25 Southold, NY 11971 1 ` r. Afon Rd. & Youngs Ave.) �j o old, NY 11971 G Q Telephone: 631765-1938 i0 Fax: 631765-3136 �l Cou�v,� LOCAL WATERFRONT REVITALIZATION PROGRAM b TOWN OF SOUTHOLD RECEIVED AUG 1- 2014 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 31, 2014 Re: Coastal Consistencv Review for ZBA File Ref KIMOGENOR POINT, INC. (Brennan) #6771 SCTM#1000A 11— 10-1 KIMOGENOR POINT. INC. (Brennan) #6771 - Request for Variance from Article.XXlll Code Section 280-123 and the Building 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 building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming 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) The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards includes the following -sub-policy. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: C. sites where relocation of an existing structure is not practical. The subject parcel is located within the FEMA flood zones AE EI 6 and X (see Figure 1. below). Figure 1. Subject parcel (white arrow). The recommendation was made considering the following: 1. The proposal includes the renovation of the single family dwelling to be flood zone compliant. Due to the historic build -out of the lot there is little ability to relocate the structure outside of the AE EI 6' flood zone or the on-site sanitary systems outside of the 0.2 percent annual chance flood hazard zone (Zone X). 2. The proposed additions to the footprint of the dwelling equal 59 square feet and involves no substantial changes to the existing structure. 3. The sanitary system will be newly constructed and new stormwater controls will be required. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney W111 REcerlm" AUG f 114 ZONING BOP'p OF ARREAR'` RECEIVED FORM NO. 3 JUN 19 2014 -i NOTICE OF DISAPPROVAL DATE: June 5, 2014 BOARD OF APPEAL S To: Thom Samuels for Brennan at Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated May 23, 2014 To demolish & reconstruct a single family dwelling at Location of property 50 Jackson Street, New Suffolk, NY County Tax Map No. 1000 — Section 111 Block 0Lot I C 0-M -4 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conformine lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming,, use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing cottage is a nonconforming building with a nonconforming use. Authorized Si ng ature Fee: S f Filed By: Assignment No. ,.0,-&17t 19 2014 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS (i Wf#+ AREA VARIANCE ZurIING BOARD OF APPEALS House No. �� Street &ekson A't Hamlet N11 "wo DI Tu SCTM 1000 Section I Rp Block t(s) r _Lot Size &M Zone k -4D I (WE) APPEAL YHE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Co BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): t5�.l.CY1O fttft &D O'.0 U"ag i4 Ig Ci. Mailing Address:/ BI If Aybko.0 . 2 t einem A [A e 14U.Nl rlGf IEII_1 & r 1(743 Telephone: 6) -79)9?- Fax: Email: W4 (r'Gker �4 g e Ayi, , am 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: Iko"s Ci, SA{M,a"_ _ for (tlOwner ( )Other: Address: � 1?6 LUJA &-. C1ktC-kVeV. �102515 - -�S Fax: I3��EmaiTelephone: �Coat Please check to specify who you wis correspondence to be mailed to, from th above names: ( ) Applicant/Owner(s), ( Authorized Representative, (✓Other Name/ Address below: Dmid &-eK cA_ 2( Kemgea A. - Ervofetrm . Ay. It2p ( WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE rLAN DATED ( and DENIED AN APPLICATION DATED 512,4114 FOR: ( uilding Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinanceb numbers. Do not quote the code.) Article: I I Section: $ 0 Subsection: 23 Type of Appeal. An Appeal is made for: (v j 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 C4 has, ( ) has not been made at anv time with respect to this property, UNDER Appeal No(s). 5 65'� Year(s). 44(Ql05 . (Please be sure to research before completing this question or call our office for ass stance) X55 0 -7/s/r2 H/(5/1v (awv ) 5/413 61,`0 RECEIVED JUN 19 2014-b'-_6 7-] ZONING BOARD OF APPEALS PART B: REASONS FOR APPEAL An undesirable change will not be produced in the CHARACTER of the neighborhood fo a detriment to nearby properties if granted. The Kimogenor Point property consists of three separate parcels, two of them contiguous. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be reconstructed is 3.38 acres with six individual single family residences and a shared habitable cottage. The original development of Kimogenor Point occurred in 1915, and over time the homes have been expanded, improved and renovated. The subject residence is owned by Donald and Jessica Brennan, and it needs substantial renovation. It has been improved over the years, but it is still substantially original. It has suffered from time and weather. It is located in a flood zone, and the first floor is just above the required minimum elevation. The foundation is a combination of locust posts and masonry piers. The framing is non -conforming relative to current NYS building code and modern building practice. It is heated, though not centrally. The Brennans want a house which conforms to current code and practice, including hurricane resistance for framing and windows, proper heating, cooling, electric, plumbing and insulation. The waterfront property is extremely valuable, and warrants an up to date house. The renovation of the house is in keeping with the style, scale and detail of the existing houses in the community, and will not produce a change to the character of the neighborhood. It will be an asset to the common owners of the a Kimogenor Point Corporation. 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 unique because it contains multiple single family residences on a single lot. Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed renovation is located entirely within the existing footprint of the house, plus extremely modest expansions as shown on the plans. Some areas of the existing house are proposed to be opened to the porch. The primary addition is a new second floor, necessary to accommodate a family of two parents and three young children, plus occasional guests. The existing setback to the bulkhead is conforming. 3. The amount of relief requested is not substantial. The application of the balancing test weighs in favor of the grant of the variance. The house will be renovated within the existing footprint, with modest and appropriate expansions intended to rationalize the interior layouts. The existing dwelling is set back from the property lines and from other residences on adjoining property parcels. The Kimogenor Point development is a private community, isolated from all other homes in New Suffolk. The land is an enclave unto itself. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is suitably set back from water bodies, especially on the un-bulkheaded, beach side. It is mostly within the existing footprint. In keeping with requirements of the Southold Trustees, New York State DEC and Suffolk County Health Department, it will include conforming sanitary and storm water runoff systems. 5. The alleged difficulty has not been self-created. The property and house pre- date zoning. The Southold Town Zoning Ordinance does not address this common development plan. There are no Covenants or Restrictions concerning this land. Prior to construction, the project must also be approved by the Trustees, NYSDEC, SCDHS, and the Board of the Kimongenor Point Corporation. 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. The variance requested is the minimum relief practicable given the personal benefits anticipated by the applicant. The renovation is needed to maintain the investment and the proposed expansion is modest in scope and scale. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. Thomas C. Samuels, Authorized Agent Sworn to before me this (pday of , 20�y i 9a"It' Notary Public I R EIVED N0TARI(Pl7841C WMt OF NEW V0W JUN 19 2014 NO. 01FOODOW allALVM IN Bt MMX OOUWY GONION EXPIRES MAY 3% 90 ZONING BOARD OF APPEALS 0 0 APPLICANT'S PROJECT DESCRIPTION UENNM RES 1.DENGF, Vo APPLICANT: Ongwr PWLt Q)01 P t.Vt (e4 DATE PREPARED: 1. For Demolition of Existing Building Areas describe areas being - ° t - - be rMveirta( c Ktb 1XIF S II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: . 4b — 015 54,tV. NWAM4 (no1p Dimensions of new second floor:mew recoAA (' b Dimensions of floor above second level: Novi -P, Height (from finished ground to top of ridge): t01 - Is ©° -Is basement or lowest floor area being constructed? If yes, please provide height ( bove grounM measured from natural existing grade to first floor: Nps +U tk1'017 5-O Ps t �k© r" M. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics -BEFORE Alterations: Ohe-d Number of Floors and Chang6s WITH Alterations: S IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: tb� 9q P+ . Proposed increase of building coverage: 5q a- Square footage of your lot: 141 3'f 9 Percentage of coverage of your lot by building area: 14, 2 0/6 V. Purpose of New Construction: 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 r quirement (s): �'c©raer, is esselli ct� a Kl c� w [c,(,in a . +✓� bl�v�eff w11-�, am I Please submit 8 sets of photos, labeled to show different angles of yard areANNERaking corners for new construction, and photos of building area to be altered with yard vi 1 9 2014 x/77 4/2012 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes V/ No B. Are there any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? Q 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland buitding area? f- 4.) If your pr perry contains wetlands or pond areas, have ou contacted the Office of the Town trustees for its determination of jurisdiction? -C. Please confirm status of your inquiry or application with the Trustees: V IUA AliA and if issued, please attach copies of permit with con itions an 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? U Q S E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N.0 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?—hto_If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. -If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. a6 u ttiKj p i) I. Please list present use or operations conducted at this parcel�'I'ngul &1(f1 eN.cf: and the proposed use S( ,l" M q.' (ex: existing single family, proposed: same with garage, pool or other) 1&wAtu Authorized signature and Date &-7�1 RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning In accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: L 17 000—S 1, aIM44At J WM&LA 4 St -K 2. Address of Applicant: ?.5 23 S ids k (.0 tC {A MAJA A P 3. Name of Land Owner (if other than Applicant): t14 p 0, 4. Address of Land Owner: c/6 &' b -r 79 Ofteo klearAowLam, rt�iaK,IUy�t7+3 5. Description of Proposed Project: Q cad>VA,'-tO(1& i ,'I okC 'ib 10-Y i Sfi i Q 1rs1 c4gurl - 6. Location of Property: (road and Tax maN� number)�4QL%,cvaVL st, 7. Is the parcel within 500 feet of a farm operation? { } Yes fvf No 8. Is this parcel actively farmed? { } Yes f f No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 7&,1,ur" 6 6 i 14 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 tr� proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 7/ 2. Comments returned to the local Board will be taken into consideration as part as the overall reviewREication. 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 submittelftr11.2014 ZONING BOARD OF APPEALS n 617.20 Appendix B Short Environmental Assessment Form Instructions for Comaletina 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 'o ' S a VISSi c Name of Action or Project: WiKoaptor Voiwt 50 Project Lo tion (describe, and attach a location map): Brief Description of Proposed Action: RAS cl. 5fi PA -�n c idLe ., m l ( h� W ► aSQK r a(,cKc�t ft�toh, neser boast reocuaEt1✓ ftr5f Floor adA rxw Reo d f r d, hew SaWzk ti 4� stem dAA A-tw 4n iskts WI.S leas avwL out Name of ApplicantorSponsor: Telephone: (D ( f e S Zt.pN�,Pa h'tN ID V ' O iW Address: 02,5235 Mach �btu� CiIPO: M4 State: Zip Code: c► 3s 1. Does the propose action only involve the legislative adoption of a plan, local law, oi-dinaAce, NO YES 10 1 administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES 11N�(Q If Yes, list agency(s) name and permit or approval: J) SOURS, row n -r(qS tees, 8 L • I� T. 3.a. Total acreage of the site of the proposed action?acres b. Total acreage to be physically disturbed? 0. 15acres c. Total acreage (project site and any contiguous properties) owned ct ZS or controlled by the applicant or project sponsor? acres 4. Check all land uses tat occur on, adjoining and near the proposed action. ��// [] Urban Rural (non -agriculture) ❑ Industrial ❑ Commercial iMResidential (suburban) ❑l:orest ❑Agriculture ❑Aquatic ❑Other (specify): ❑ Parkland Page 1 of 4 RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS • 0 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A El 1 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? --go- Y N 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? if Yes, identify: YES ❑ F71 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, describee,4esi n features and technologies: TIS—Nim/ %�I., s !Flltlr �g NO YES ❑ 10. Will the proposed action connect to an existing publictprivate water supply? If No, describe method for providing potable water: NO YES ❑ 1� 11. will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ?gr SCD f Dent 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? NO YES ❑ 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 © ❑ 14. �Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: (gShoreline ❑Forest KrAgrieu*ural/grasslands ❑Early mid -successional [Wetland ❑ Urban ReSuburban 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? NO YES ff ❑ 16. Is the project site located in the 100 year flood plain? NO Y I V1 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? 1A NO ❑YES b. Will storm water discharges be directed to established conveyance systems (runoff ands drains)? If Yes briefly describe: ❑ NO [YES PMP6 106112 .S ODI NO I YES ❑ RE JUN 1 9 LL 14 Page 2 of 4(��� ZONING BOARD OF APPEALS 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YE: completed) for hazardous waste? oil If Yes, describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE � Applicant/sponsor name: ` Q�yJ SA �V4(.� Date: �g' Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the, following questions In Part 2 using the information contained in Part 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?" RECEIVED Page 3 of 4 JUN 1 q 9—M4 —71) ZONING BOARD OF APPEALS No, or Moderate small to large impact impact may may occur occur I. 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)? RECEIVED Page 3 of 4 JUN 1 q 9—M4 —71) ZONING BOARD OF APPEALS • • Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part I 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. -dP&7-?( RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS Check this box if you have determined, based on the information and analysis above, and any supporting do 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. Town of Southold - Board of Trustees Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date .President Title of Responsible Officer signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part I 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. -dP&7-?( RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS Check this box if you have determined, based on the information and analysis above, and any supporting do 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. Town of Southold - Board of Trustees Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date .President Title of Responsible Officer signature of Preparer (if different from Responsible Officer) PRINT Page 4 of 4 • 0 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form Is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. n YOUR NAME : (Last name, first name, middle initial, unless you are applying in company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. `Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO 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 Signature Print Nam ... &-774 7 ! FCEIVED JUN A 9 A14 ZONING BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. Tho 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 : (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 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 V 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 6 day of �ct�e , 20A Signature p�t,WtL19,U T t Print Name �Wt,s S C. EQ,N�/1� 4&LS RE rIm JUN 19 7nj4 ZONING BOARD OF Appy • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSkD ACTION kECE p j k 11 t0 JUN 19 2014 SCTM# -tif- - -0,6. The Application has been submitted to (check appropriate response): ZONING BOARD OF APPEALS Town Board 13 Planning Dept. 0 Building Dept. © Board of Trustees 13 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: 5-1 Nature and extent of action: Renovation and addition of a two story wood frame residence. • • Location of action: Kimogenor Point 50 Jackson St. New Suffolk, NY Site acreage: 257004 S.F. Present land use: Single Family Residence Present zoning classification: R-40 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: Kimogenor Point Co. C/o Donald & Jessica Brennan (b) Mailing address: 21 Remsen St. Brooklyn, NY 11201 (c) Telephone number: Area Code () 6 31- 7 3 4- 6 4 0 5 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or fed a�cy014 Yes ❑x No ❑ If yes, which state or federal agency? NYSDECNG-gO OF APPEALS 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. 0 Yes [] No ❑ Not Applicable Adding to an existing residence preserves open space around the existing residence and makes efficient use of the existing structure and property. Also the addition to the property is far less than the 20% lot coverage allowed by zonino. 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 E Yes 0 No Z Not Applicable There are no historic or archeological structures on property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria ® Yes © No © Not Applicable The addition to the existing residence is in keeping in style and scale of neighboring structures. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ® Yes 0 No 0 Not Applicable All rainwater runoff is and will be retained on site with the use of underground drywells �' li%7% nG` ..v A -IN 19 2014 ZMING neon . ___ _ yr r�rrCgj,,y Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria ® Yes 0 No 0 Not Applicable All rainwater runoff i8 an will be retained wit the use of underground drywells. The sanitary system for the residence meets current Suffolk County Dept of Health Services standards for sanitary waste water. The property is n,-rVpCj with 1 nhl i c water frnm Ruffnl k County 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. 7 Yes © No © Not Applicable No development will take place in the "protected" or "natural indiginous environment". Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. © Yes ❑ No ❑ Not Applicable The development will not add pollutants into the air. All construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the federal standards for air pollution discharge Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. 13 Yes ❑ No ❑ Not Applicable The construction and use of the residence will make use of the town's Dsal and recycling c 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. © Yell No ❑ Not Applicable No public land involved. Littoral access unimpeded. 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 There are no public or commercial activities or uses on site. Historically this property and neighboring properties are residential in use and will remain rPait9Pntia1_ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. © Yes ❑ No © Not Applicable This project will protect and preserve the living marine resources by maintaining all rainwater discharge and sanitary flow from the residence on site by approved SCDHS sanitary system and drywells for rainwater runoff. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No D Not Applicable 161,11 There are no agricultural lands on site. AN 19 �n�4 _ �— ZONING BeARB or- APPeALS Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The construction will be using equipment approved by the Federal government for energy usage. The residence will meet Federal standards for conserving energy "energy Star Program" and will use "NY State Energy Conservation and Cnnstrtirti nn Code,, for rongtrurt-i nn of the rPPi [iPnr P PREPARED BY —rD)�, 5QVjS0S TITLE 144- DATE Jc7 Created on 512510511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, _ .Aq J f�ks�& siding at Ao5* K u" owd F, 1>>4- P6p,� Print property owner's name ( p PeTh' )f (Mailing Address) L ' J do hereby authorize p m SQ{H�,�p; (Agent) ,SamL)vE*S+eeejM0 kk+to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. r s nature) (Print Owner's Name) � 4W4 mss: 26 ��hs�l fir. sxZm►LL%jfr, -�o 6, 7 7 / JUN 19 2014 ZONING BOARD OF APPEALS Board of Zoning Appeals Aunlication AUTHORIZATION (Where the Applicant is not the Owner) W i ff id -4, A Aydi er pve�-iA.er I, �UM( AIIOj ( Port o� residing at J 1 �Men Ata&a)utt, (Print property owner's name) \/ -�("Mailing Address) n NY 11W'' do hereby authorize t Yam Wd V &4-11W C e r (Agent) Southold Zoning Board of Appeals. (Owner's Signature) Witt im R. Arcker (Print Owner's Name) A,4 to apply for variance(s) on my behalf from the RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS June 4, 2014 Re: The Brennan Residence on Kimogenor Point, New Suffolk, NY Southold Town Zoning Board of Appeals Southold, New York Dear Members of the Zoning Board of Appeals: The Kimogenor Point Board of Directors have reviewed the Brennan renovation plans with the shareholders of Kimogenor Point Company. After receiving favorable input from the shareholders, the Kimogenor Point Company Board of Directors has authorized the Brennan's to move forward on the project. On behalf of the Kimogenor Point Company, kindly accept this letter which acknowledges the Kimogenor Point Community's support for the Brennan project. Sincerely, William W. Archer President Kimogenor Point Company RECENM JUN 19 2014 ZONING BOARD OF APPEALS WKNAN - View 4ow dewy Avkwue, fooleini SoA RECEIVE[ JUN 19 4.014 ZONING BOARD OF APPEALS SM apt G lob Ei a 0 �_ � •v ,� ;�+„. 111! ��,y � i OP,, k �R .10 yl hui AW yl w . r Kms" =y 11111111111MU,It� ED n -T7 Allilkiiiiii APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard P. Goehringer Vincent Orlando James Dip*, Jr. Michael A. Simon PQ.`,-C�e 0,�P http://southoldtown.northfork.net q*0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold NY 11971-0959 Office Location Town Annex /Fast Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 ,�N q " „�p1� BOARD OF APPEALS RICKWO OOP�o of P Tel. (63O`765- �N OF SFax (G31O 65-9064 � " g } 1oN1NG APS 1 2 200 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 CIt�C Sou old T ZB Ref. 5654 — WILLIAM ARCHER (Co-op Unit #9) and KIMOGENOR POINT COMPANY joined in by letter of 2/28/05) Property Location: 50 Jackson Street, New Suffolk; CTM 116-6-24.1. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTIO� The applicant's home is located on a 5.90 acre parcel. The land has been held since 1915 by the Kimogenor Point Corporation, with each homeowner owning a proportionate share of stock in the corporation. The parcel is improved with the applicant's 1-1/2 story, single-family residence, five other individual single-family dwellings, and a clubhouse. BASIS OF APPLICATION: Building Department's September 29, 2004 Notice of Disapproval, citing Sections 100-31A and 100-243A, in its denial of a building permit to construct a proposed second - story addition. The reasons stated by the Building Department are: (1) that there are multiple dwellings on this parcel, and (2) reconstruction of the existing dwelling is a nonconforming use. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005 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: RELIEF REQUESTED: The applicant wishes to add a second floor addition and to renovate the first floor of the existing dwelling, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. The use of the dwelling will remain as single- family, and therefore there will be no increase or change in the number (density) of single-family dwellings, confirmed by applicant to be `six,' adjacent to contiguous property also owned by Kimogenor Point. The setback of this dwelling is noted as 70+- feet from the existing bulkhead along West Creek, and all other code provisions were noted by the Building Department to be in conformity with the code. REASONS FOR BOARQ ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Paga 2 - March 10, 2005 O 00 Z$ Ref. 5654 - William Archer & Kimogenor Point Co. ' CTM ID: 116-6-24.1 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building inspector indicates that the present dwelling is a nonconforming building containing a nonconforming use, based on the fact that the 5.90 acre parcel contains multiple individual dwellings. The applicant's home is one of six dwellings, owned by stockholders of the corporation, Kimogenor Point. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. 3. The variance granted herein is not substantial since there is no change in the use density and the number of dwelling units, although nonconforming on one parcel, will remain the same. 4. The difficulty has been self-created and is related to the multiple dwellings on a single parcel of land, which is nonconforming. 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 additions with alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance, as applied for, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. 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, Dinizio, and Simon. This Resolution was duly adopted (5 - Ruth D. Oliva, Chairwoman 4/$ /05 Approved for Filing k RIIEVO ,JAN 19 �-014 ZONING BZOpR� of NppfA f Reason for Appeal Continued Zoning Board of Appeals re: William Archer Residence/ Kimogenor Point, Inc. Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b -3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The Kimogenor Point property consists of three separate contiguous parcels. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be renovated is 5.9 acres with six individual single family residences and a clubhouse. The original development of Kimogenor Point occurred in 1915 and over time the homes were expanded, improved and renovated. The subject residence, Unit 9 on the original site plan, is owned by William Archer and the house needs to be renovated. The last date that this home was renovated was 25 years ago. The applicant wishes to add a second floor and renovate the first floor. New Windows and updated heating and electrical work is proposed. The waterfront property is extremely valuable and the house has suffered from time and weather. The renovation was approved by the Kimogenor Point Corporation Board of Directors, Robert Fox, President. The improvement of the existing homes will not produce a change to the character of the neighborhood and is an asset to the common owners of Kimogenor Point Corporation. 2. The benefit sought by the applicant can not be achieved by some method, feasible fox-REcIAM applicant to pursue, other than an area variance. The property is JUN 19 ?_014 ZONING BOARD OF APPEALS( ��JAI lam' unique because the property contains multiple single family residences. Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed expansion is an area within the existing footprint. A second floor master bedroom is proposed. Also the house will be squared off on the north-west corner of the existing house. The proposed improvements are modest and in character with the architectural style of the surrounding homes. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The house will be renovated within the existing foot print, except that a small corner of the house will be squared off. The dwelling is setback from the property lines and from other residences on the Kimolgenor Point property. The Kimogenor Point development is issolated from all other homes in Nassau Point. The land is an island onto itself. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is suitably setback from the water bodies and is primarily within the existing footprint. 5. The alleged difficulty was not self-created. The property and house predate zoning. The Southold Town Zoning Ordinance does not address this common development plan. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The renovation is needed to maintain the investment and the proposed expansion is modest in scale. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS A RECEIVED UN 19 2014 ZONING BOARD OF APPEALS r r BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider 9 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 f aE TOWN OF SOUTHOLD 19 2014 Tel. (631) 765-1809 - Fax (631) 765-9064 JUN ZONING BOARD Of APPEA15 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 5, 2012 ZBA FILE: 6550 NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM#1000-116-6=24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 6, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: 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 March 28, 2012. 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. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for I" and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for I' and 2°d story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3 — July 5, 2012 RECEIVEDk/' ZBA File#6550 — Kimogenor Point [� CTM: 1000-116-6-24.1 JUN 19 20% RELIEF REQUESTED: The applicant requests a variance to construct alteratiot 4qJlbW(ptbp second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non -conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non -confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 500/o of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5, 2012 and June 7, 2012 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non -conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non -conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non -conforming bulkhead setbacks in the community. 4. Town Law 6267-b(3)(b)(4) According to the LWRP report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane M Page 3 of 3 —July 5, 2012 ZBA File46550 — Kimogenor Point CTM: 1000-116-6-24.1 wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm - water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated 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 AMENDED, and shown on the drawings stamped received by the Board of Appeals June 8, 2012 as follows: site plan dated 4/26/12 as sheet 1 and floor plans sheet 2, ,and elevations sheet #4 prepared by Samuels & Steelman, Architects. Subject to the following condition, Condition: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 7 /� /2012 44,tp�-11 1 JUN 19 20% ZONING BOARD OF APPEALS BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net 0 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 NOVEMBER 15, 2012 RECEIVED JUN 19 2014 ZONING BOARD Of APMU ZBA FILE: 6550 AMENDED NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM# 1000- 116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 6, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: 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 March 28, 2012. 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. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for l g` and 2°d story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street.and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF. APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for I' and 2nd story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RECENED Page 2 of 4 — November 1, 2012 1 ,9 2p14� ZBA File#6550 — Kimogenor Point JUN CTM: 1000-116-6-24.1 ZONING BOARD OF APPEALS RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non -conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non -confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architectlagent's te$timony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE -6 instead of VE -8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that - the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re -open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012 public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: RECEIVED Page 3 of4—November 1, 2012 -731 ZBA JUN 1 ZBA File#6550 — Kimogenor Point 9 2014 CTM: 1000-116-6-24.1 ZONING BOARD OF APPEALS The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012 and November 1, 2012 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: I. Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. II. Variance Findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned.property have non -conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non -conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law 6267-103)(b)(31 The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non -conforming bulkhead setbacks in the community. 4. Town Law 6267-b(3)(b)(4) According to the LVW report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm - water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 of4—November 1, 2012 ZBA File#6550 — Kimogenor Point CTM: 1000-116-6-24.1 AMENDED RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Amended Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Absent were Members Schneider and Horning. This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing 1/ / 4a /2012 RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider 10 1 fll"R AA S 011 Sou old Iown riall 53095 Main Road -P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First 11 oor, 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 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION JUN 19 2014 MEETING OF MAY 2,2013 ZONING BOARD OF APPEALS ZBA FILE: 6550 AMENDMENT No. 2 NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM# 1. 000- 116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property tinder consideration in this application and determines that this review falls under the Type 11 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 March 6, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: 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 March 28, 2012. 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. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for I` and 2 d story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FAC'I'S/DESCRIP'LIQN: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATIO - N - : Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building , Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for I" and 2"' story enlargements and alterations to a seasonal dwelling at-, 1) a nonconforming building containing a nonconforming Page 2 of 5 —May 2, 20 ] 3 RECEIVED ZRA File#6550 — Kimogenor Pt. (Bingham) Amendment 2 SCTM: 1000-116-6-24.1 ,fib J N 18 2014 use shall not be enlarged, reconstructed, structurally altered or moved, unless such heiWing koAff P OPEALS conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non -conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non -confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE -6 instead of VE -8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re -open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. THIRD AMENDED APPLICATION.- On February 28, 2013 a verbal stop work order was issued by the Building Department to the applicant. On March 5, 2013, a new Notice of Disapproval was issued stating "the proposed demolition and construction on this non -conforming lot, is not permitted since the work performed is beyond the scope of the ZBA decision #6550" By resolution dated February 28, 2013, the Zoning Board voted unanimously to re -open lire public hearing fir the sole purpose of determining if a demolition had taken place and if the Applicant had therefore exceeded the scope of the relief granted in decision #6650. The public 'Page 3 of 5 — May 2, 2013 ZBA File#6550 — Kimogenor Pt. (Bingham) Amendment 2 SCTM: 1000-116-6-24.1 hearing was scheduled for April 4, 2013, at which time additional testimony was taken from the applicant's builder and architect and photographic documentation of the demolition/construction/reconstruction process was presented to show the methods used to preserve at least 25% of the original structure as required in the conditions imposed in ZBA decision #6550. The Board requested that the builder's construction photographs be time dated and submitted to the Board, that a calculation of the exact percentage of the remaining original dwelling by the applicant's licensed architect be completed and submitted, and that an interior inspection of the construction site be scheduled for personal inspection by the members of the Board. The public hearing was then adjourned until May 2, 2013. On April 16, 2013, the requested site inspections took place and the photographic documentation was received. On April 17, 2013 The ZBA received the requested information submitted by Thomas G Samuels, Registered Architect, showing schematic plans for the first floor, second floor, and roof of the original structure of the Bingham residence and confirming that 26.2% of the original structure remained in place. ADDITIONAI. INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012, public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT7 REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012, November 1, 2012, April 4, 2013 and May 2, 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: I. Third Amended Application: Evidence was submitted by the Applicant's architect that indicated that the renovation project left 26.2% of the original structure intact, a figure that the Building Department does not refute. The Applicant maintains that the project should not be considered a structural demolition as defined by Town Code 280-4 which states: DEMOLITION. • Any removal of a structure or portion thereof that exceeds 75% of the total square footage of'the existing structure before the start of removal. Based upon personal inspections by the members of the .Board which confirmed the builder's photographic � I evidence of the portions of the original structure that remain, and the applicant's licensed argJ0igft b calculations that 26.2 percent of the original structure remains, the Board of Appeals has determined thdt'a demolition as defined by 280-4 has not occurred and that the Applicant's project con1inueJW4nW)1M4he scope of work granted in decision #6550. II. Second Amended Application: ZONING BOARD OF APPEALS The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. III. Variance Findings: • Page 4 of 5 — May 2, 2013 ZBA File16550 — Kimogenor Pt. (Bingham) Amendment 2 S CTM: 1000-116-6-24.1 RECEIVED JUN 19 2014% &I l ZONING BOARD OF APPEALS 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non -conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non -conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non -conforming bulkhead setbacks in the community. 4. Town Law 4267-b(3)(b)(4) According to the .LWRP report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm - water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy .the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. AMENDMENT 2 - .RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Horning, and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet l and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions: This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. Page 5 of 5 - May 2, 2013 ZBA Fite#6550 — Kimogenor Pt. (Bingham) Amendment 2 SCTM : 1000-116-6-24.1 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan 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 suhnitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Amendment 2 - Vote of theoard: Ayes: ,Members Weisman (Chairperson), Goehringer, Schneider and Horning. Member Dantes abstain This Re olution walduly adopted (4-0). t K Leslie Kanes Weisman Chairperson Approved for filing T/ , j /2013 RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS r rA m � g y Da!e: Sep 21:, 1 40 5 ZL15a" N jov ,''Vv ti 0 m.- Fye.31i :,54 f I - TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET DIST. SUB. LOT K i mo nus PQ I n� n c �` �V{ILLAGE I�c� l 3 Eckf Hl: �5 ACR. s REMARKS 01$ &f* -s22 -'+j oMifiol TYPE OF BLD. �f4S a 32-3$$ PROP. CLASS 23 low ! G(tt Hof) LAND IMP. TOTAL DATE 3 45H - l� Foo 37, Roo S -U- 9-1 r JUN 19 ZU14 ZONING BOARD OF APPEALS FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL f OWNER' STREET ` FORMER NER N ' S RES. i SEAS. VL. FARM LAND IMP. TOTAL DATE o 40 40 0,0 AGE. BUILDING CONDITION NEW NORMAL BELOW Farm Acre Value Per Acre Tillable t Tillable 2 Tillable, 3 Woodland -----.--- Swampland r Brushian House Plot*** I •+p�. Total VILLAGE E W COMM. REMARKS ABOVE Value 4.4 6.7 7/ RECEIVED JUN 19 -A 4G BOARD OF APPEALS OWNER 'NOW** STREET VILLAGE DISTRICT SUB. LQT FORMER 0 NER N E ACREAGE S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS // W1 _ GC Z-- CG y AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable: 3 -Wcodland Swampland Brushland ItECENIM House Plot OW•,JEW juN Total ZONING BOARD W: APPEAtS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value /e Tillable i Tillable 2 Tillable 3%%:7 / Woodland RECEIVED Swampland I --.-.,-----------.-------JUN 19 2014 Brushlatx - OF APPEALS -_ _ _.. - - - - — — House Plot Tota R t AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value /e Tillable i Tillable 2 Tillable 3%%:7 / Woodland RECEIVED Swampland I --.-.,-----------.-------JUN 19 2014 Brushlatx - OF APPEALS -_ _ _.. - - - - — — House Plot Tota R OWNER STREET VILLAGE DISTRICT SUB. LOT FORM OWNER N E ACREAGE S W TYPE OF BUILDING RES. I SEAS, VL. FARM comm. I IND. I CB. I MISC. LAND -- IMP. TOTAL DATE REMARKS I AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 ABOL Tillable. 3 Wcodiand 772/ Swampland RECEIVED Brushland JUN 19 W4 House Plot ----.___ _.__ _--. -._-- - _..._.. BOARD OF APPEALS Tcta I � : a *AWI° + OWNER STREET; VTEUKGE 10 ✓�- FORMER OWNER C-44 1 N E ACREAGE ,, lc RES. SEAS. S VL. FARM W COMM. TYPE OF BUILDING// I' IN D. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS' r tie -->, —�WA 4�// ti AGE BUILDING CONDITION 7 % NORMAL BELOW ABOVE NEW Farm Acre Value Per Acre Value — -- - — ''1 14 Tillable 1 Tillable 2 — ----- -- RECE1<VED � Tillable, 3 Wcodland Swampland --- ---- JUN 19 2014 Z�NINc anARLZOF APPE1115 Brushland�,,,,.:� House Plot ,�.. ----------- ="mow"'.--------- - — Tcta I v. v. OWNER ill STREET t. , VILLAGE DISTRICT SUB. LOT - r FORMER OWNE N E ACREAGE a, S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE 1f C Farm Acre Value Per Acre Valuer Tillable 1 Tillable 2— 9 Ti I lable 3 JUN ZONING BOARD OF APPEALS Woodland Swampland BrushICIA" —_ ._House Plot __---_ Tct:i l 0 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER G Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: June 24, 2014 RE: Zoning Appeal No. 6771 Transmitted herewith is Zoning Appeals No 6771 for Thomas C. Samuels for Brennan Residence 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, Cover Letter from Samuels & Steelman Dated June 10, 2014, Notice of Disapproval from Building Department Dated June 5, 2014, Authorization Letter from Donald & Jessica Brennan to Thomas Samuels to Represent Them in this Matter, Authorization Letter from Kimogenor Point Company to Samuels & Steelman to Represent Them in this Matter, Letter Kimogenor Point Company Authorizing The Brennan's Project Dated June 4, 2014, Six Pages of Photo of Property, Five Pages of Findings & Determinations from Zoning Board of Appeals No. 5654 Dated March 10, 2005, Three Pages of Findings & Determinations from Zoning Board of Appeals No. 6550 Dated July 5, 2012, Four Pages of Amended of Findings & Determination from Zoning Board of Appeals No. 6550 Dated November 15, 2012, Six pages of Findings & Determination of 6550 Amendment No. 2 Dated May 2, 2013, Thirty Three Pages of Property Record Cards, Copy of Survey Showing Property as it Exists Dated November 18, 2013 Prepared by Nathan Taft Corwin III, Land Surveyor, Eight Pages of Plans Showing Floor Plans and Elevations Dated June 6, 2014 Prepared by Samuels & Steelman 0 s ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/13/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6771 Kimogenor Point Inc. (Brennan #4) 17007 $500.00 RECEIVED 2 3 JUN 201. Southold Town Cierk $500.00 by _Ic_ 0 Thank you. * * * RECEIPT * * * Date: 06/23/14 Receipt#: 172667 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6771 $500.00 Total Paid: $500.00 Notes: Payment Type CK #17007 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Amount Paid By $500.00 Samuels, & Steelman Intemal ID: 6771 S A M U E L S& S T E E L M A N June 10, 2014 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 RECEIVED 30N 1 g 2014 BOPAp pF pPPEA� Re: RENOVATIONS & ADDITIONS TO THE BRENNAN RESIDENCE Kimogenor P ' e olk, NY SCTM#100011 - t 17 _ Dear Sir/Madam, Enclosed please find materials required for an APPEAL for an area variance. Please find the following: 1. ZBAApplication 2. Reasons for Appeal 3. Notice of Disapproval (6/5/14) 4. Applicant's Project Description 5. Questionaire 6. Property Record Cards 7. Findings of previous Appeals 8. Short EAF Form 9. Owner's Authorization 10. Transactional Disclosure Form 11. LWRP Consistency Assessment Form 12. Six (6) Photos 13. Current Survey 14. SITE PLAN (2 sheets) 15. FLOOR PLANS and BUILDING ELEVATIONS 16. Check for $400. Please get back to me if further materials are required. If the application is deemed complete, please notify me of the date of the hearing. Thank you, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX (631) 734-6407 S A M U E L S& S T E ADDITIONAL TESTIMONY BENNAN RESIDENCE August 15, 2014 E L M A N RECEIVED AUG 15 2014 ZONING BOARD OF APPEALS HISTORY Kimogenor Point is a cooperative community developed in New Suffolk in the first decade of the twentieth century. It originally consisted of six cottages fronting Great Peconic Bay, and later expanded to the twelve cottages existing today, plus the clubhouse and seasonal shared "shack". Originally, two different home models were offered by the developers — either a one - or two-story design. Over the years, each of the houses has evolved considerably, in all cases being enlarged. Some of the one-story houses grew by the enclosure of original covered porches and other first floor additions. Others were provided with new second floors, as well as porch enclosures. Several of the original two-story homes were also enlarged over the years. COMPARISON w/NEIGHBORING HOUSES The majority of cottages, 8 out of 12, are currently two stories. As it relates to size, scale and appropriateness, the proposed Brennan improvements fall within the range, and sometimes below the average, of a wide selection of metrics. The average (11 cottages, excluding Cottage #4 Brennan) total area is 2,621 sf. Low is 1,819 sf (#2 Purcell, one-story) High is 3,602 sf (#5 Kean, two -stories) At 2,381 sf the existing one-story Brennan Cottage is the 9th smallest cottage out of 12. The average (11 cottages, excluding Cottage #4 Brennan) 1st floor area equals 1,794 sf. Low is 1,308 sf (#6 Marsh) High is 2,278 sf (#5 Kean) Brennan proposed 1St floor area (including garage) is within the range at 2,212 sf. The average 2nd floor area as a % of 1 st floor area is 68%. Low is 42% (#9 Archer) High is 83% (#6 Marsh) At 65%, the proposed Brennan 2"d floor area as a % of existing 1 St floor area is within the range, and below the average. The average 2nd floor area (sf) as a % of total area (sf) is 43%. Low is 37% (#5 Kean) High is 45% (#6 Marsh and #11 Watson) At 41 %, the proposed Brennan 2nd floor W9a 11eTa % of total proposed area is within the range, and below the average. 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX (631) 734-6407 The average number of bedrooms across all cottages is 5. Low is 3. High is 7. Brennan proposed number of bedrooms is unchanged, is within the range and at the average, which is 5. RECENT PRECEDENT Two renovation and addtions projects were recently completed on Kimgenor Point. Archer 2004 1865 sf existing; 2781 sf built: 49% overall increase Bingham 2012 1932 sf existing; 2441 sf built: 26% overall increase COMMUNITY DESIGN CHARACTER The project complies with community design character of Kimogenor Point, with open, aligning porches and matching railings. The proposed second floor is under a roof with shed dormers and pitches which match those of its neighbors. Similarly, the existing low plate heights on the first floor have been maintained, as have the ceiling heights of the existing house. Double hung windows with board and rail shutters will also be used, and the house painted white, with a gray asphalt shingle roof. The project was extensively vetted in the Kimogenor Point community over a six month period. After a significant amount of open and insightful discourse the project was unanimously endorsed by all of the shareholders and the Board of Directors. THE BRENNAN FAMILY Don and Jessica Brennan have long standing experience on the North Fork, with Donald growing up as a summer child on the Bay nearby. They have three children between the ages of five and eleven. SQUARE FOOTAGE ANALYSIS existing footprint first floor living 2,381 sf porches/stairs 620 sf Total (footprint) 3,001 sf proposed footprint first floor living 1,694 sf garage 518 sf (2,212 sf living + garage) porches/stairs 830 sf Total (footprint) 3,042 sf (+41 sf = 1. 4%) proposed living area first floor living 1,694 sf second floor living 1,555 sf Total living area 3,249 sf (+868 sf = 36%) /* WJ SIZENOLUME The proposal calls for a minor increase in the footprint of only 1.4%, which is solely attributable to a new staircase off the front porch and the cantilevered projection of a breakfast nook in the kitchen, the latter of which does not touch the ground. The project calls for an increase in the dwelling area (exclusive of garage) of 868 sf, or 36%. This increase is attributable to dwelling area at the proposed second floor. Although the house is proposed to have a second story added, the intensity of use will not be increased, as it is and will remain a second home, used primarily in the summer. It currently contains 5 rooms used as bedrooms on the one and only first floor and it will only have 5 bedrooms, relocated to the second floor, when the work is complete. Only one half -bath is proposed to be added to the existing 3 full baths. From a volumetric standpoint, efforts have been made to reduce the overall size of the house: The garage floor will be just above grade, fully four feet (4'-0") or one-half story below the first floor, allowing the second floor over the garage to be one-half story below the majority of the second floor. Similarly, the first floor plate height (where walls meet roof) will not be increased, but rather maintained at 7'-8", thereby reducing the height and volume. The second floor is below a shed-dormered roof, similar to all the other two-story houses. GARAGE The garage is proposed not entirely for storage of automobiles, but more importantly for storage of other things, as is often the case, such as bicycles, dinghies, and out of season outside furniture. In a house without a basement or attic, this storage area is critical, and certainly not atypical for similar houses in this day. The garage will not be visible from the front or from the road, and on the private lane side will be screened by an existing hedge, which will have a small opening, making the doors almost invisible from the surroundings. As stated above, the floor level of the garage is suppressed relative to that of the first floor, diminishing its volume and visual impact on the character of the community. Many of the cottages have large outdoor storage bins attached to the sides of the homes. This additional square footage is not included in the area calculations noted above. The Brennan proposal does not include any additional outdoor storage bins. CONSTRUCTION TECHNIQUE for renovations Gary Steinfeld, general contractor insert steel girders under existing floor framing raise house with jacks excavate for new foundation, per FEMA requirements install perimeter concrete with concrete piers install new girders; lower existing house existing first floor framing to remain, sistered as required remove existing roof, siding, walls, interior finishes leave existing walls shown to remain frame new walls, including entombing existing framing existing sheathing to remain, where possible install new overhead structure, girders, headers frame new second floor, walls and roof strap all structure together, per NYS hurricane code proceed per standard construction project install new roofing, windows and siding mechanical, electrical, plumbing, interior finishes CALCULATION OF EXISTING FABRIC TO REMAIN not a "demolition" per town code: 30.4% to remain used "area of existing structural membrane" to remain existing walls of building lightly framed: 2x4@.24" existing floor: 2&Q24" will work closely with Building Dept. to ensure compliance ADVANTAGE OF NEW CONSTRUCTION Despite the limitations imposed by the non-conformance of use under Southold Town zoning, it is our opinion that it would be in owners' interest to re -construct the house from the ground up, as designed and currently drawn as a renovations and additions project. As noted above, the framing of the existing house is insubstantial and does not meet current code or practice. Even entombed, rot and lead paint would still exist in the walls, and insulation would be less continuous in cavities partially taken up by old framing. Obviously, there is great expense involved in lifting the house and constructing a foundation underneath it, and also in the framing technique outlined above. Although the owners are prepared to undertake the project as renovations and additions, it would be their preference, and in the interest of proper construction practice, to reconstruct the house as drawn, if that is deemed acceptable to the Zoning Board of Appeals. Respectfully submitted, Tom Samuels, RA of NEW ),, F Z �N 0183 BRED A MEMORANDUM OF LAW i EWED Kimogenor Point Co. Appeal #6771 SEP 3 2014 ZONING BOARD OF APPEALS KIMOGENOR POINT Kimogenor Point Co. was formed in 1906. It owns three parcels of land which are collectively improved with 12 detached substantial homes, a tennis court and storage lockers. The subject of this appeal is on one of the parcels which is 5.9 acres and contains 6 substantial homes and a clubhouse. Kimogenor Point Co. holds title to all premises and grants rights of occupancy to particular homes by means of proprietary leases (99 year lease). The community is operated by a managing board. The individual homeowners, acting separately, cannot bind Kimogenor Point Co. or make unilateral decisions on the alterations to the homes. BRENNAN RESIDENCE The Brennan family which is a young family with three children owns one share in Kimogenor Point Co. out of the 12 shares issued by the company. Ownership includes the right to repair and reconstruct their individual home. The Brennan Family has a lease (or occupancy agreement) which entitles them to occupy exclusively unit #4, and no authority to occupy any other unit. The Brennan residence (referred to as Kimogenor Point #4) is approximately 104 years old, one story, wood frame construction, with a wrap-around porch, asbestos shingle siding, asphalt roof, with wooden windows. The structure is heated and the existing house has 5 bedrooms and three full bathrooms. The Board's inspections and the photographs of the existing structure show the obvious age and need of renovation or reconstruction. The proposed house (whether renovated or reconstructed) will relocate the bedrooms to the second floor. As a family with young children, all the bedrooms are being relocated to the second floor where the parents can be near the children. The same number of bedrooms will be maintained with only a %i bath added. Most importantly, after Hurricane Sandy, the house will comply with Flood Standards (FEMA) and stricter construction standards which will protect it from future wind and flood. The construction was described by the architect at the hearing. The new construction makes the house safe for this family (i.e. fire protection, storm protection, air quality, new sanitary, etc.) and the community where it is located. The character of Kimogenor Point remains the same. To assure quality control and community character, the Kimogeor Point Corporation shareholders have a rigorous review of the plans and specifications, and which were approved before they were submitted to the Building Department or Zoning Board of Appeals. The construction of a second floor was readily approved by the Kimogenor Point community. Of the 12 substantial dwellings in Kimogenor Point, 8 of the 12 homes are two story homes. As to the size of the proposed dwelling, Mr. Samuels submitted on August 15, 2014 an analysis comparing the square footage of the proposed Brennan dwelling with other homes in Kimogenor Point community. The analysis provides empirical evidence that the Brennan dwelling maintains an average size, consistent with the character of the community, balanced with the needs of the family. The dwelling maintains the same number of bedrooms. The architect skillfully relocates the bedrooms to the second floor while maintaining the low roof heights and architectural style of the classic Kimogenor Point dwellings. The original plans reduced the habitable space of the first floor by placing all the bedrooms on the second floor. The second floor did not change the character of Kimogenor Point. Objections by the Board to the proposed two car garage was addressed and redesigned as a smaller storage space. The FEMA regulations prohibit location of a bedroom within the proposed garage. In an effort to address the Board's comments, attached is Tom Samuels "additional testimony dated September 3, 2014". LAW The Southold Town Zoning Code addresses "nonconforming buildings with a "conforming use" in section 280-122A. The code expressly permits remodeling, reconstruction or enlargement.(280-122 A). Kimogenor Point is composed of single family residences. As such. the use is a conforming use under the code. The proposed construction has always been for a single family dwelling which is a permitted "use" in the zoning district. As one shareholder, the Brennan family is not permitted to construct any listed "permitted use" other than a residence. The ownership interest is limited to a single family residence and the lease of unit #4. Their home is one of 12 substantial homes situyated on the Kimogenor Point Corporation property. The Town of Southold has litigated this issue in the past with respect to a conversion to a cooperative. The Courts have stated that a condominium is merely a form of ownership not a change of use. See NORTH FORK MOTEL, INC..v. GRIGONIS. Jr. et al93 A D 2d 883,461 N.Y.S.2d 414 (1983) In North Fork Motel, Inc. the Supreme Court, Appellate Division, held that the conversion of ownership of the property from a corporate form to a condominium form did not violate the Southold Town zoning ordinance because the use was unchanged. Similarly, Kimogenor Pont Corp has remained a residential community since the corporation was formed. Some individual units are nonconforming as to setbacks from the bulkhead, however, the conforming residential use remains. The Brennan residence conforms to all applicable setback requirements. Since the use is permitted and the residence meets the setback requirements of the Town Code, the building department's denial of the building permit is wrong as a matter of law. In another applicable case involving the Southold Zoning Board of Appeals, the Court stated that a residentially zoned parcel which contained both a single family dwelling and second dwelling on the same property, "by code definition the "use" of both structures as single family dwellings conform to the use designation... since the district has been zoned residential. The second dwelling structure is nonconforming as a structure." It was an error of law for the Town to apply the "nonconforming use" provisions of the town code even where there are multiple residential structures. In the Matter of Christine Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84 (2004) The building department and all agencies, including the zoning board, must follow established law, as declared by the courts of the State. The applicant is not seeking any variances from this board and this board has no authority to demand modifications to a set of plans which satisfy all provisions of the town code. ' Reconstruction to the point of total demolition is specifically permitted for a "nonconforming buildings with conforming use" in the Town code. Samuels & Steelman and the contractors have asserted that the Brennan residence can be renovated and bedrooms relocated to the second floor without the house being "demolished" by more than 75% of the existing structure. However, because the use is residential with conforming setbacks, and not a "nonconforming use", the house can be legally demolished and the proposed house be reconstructed. The residential use is retained by the Brennans and Kimogenor Point Corporation. We respectfully request that the Board acknowledge the law, as it has been declared by the Supreme Court Appellate Division of the Second Department and that the building department be directed to issue the building permit, as requested by the applicants. September 3, 2014 Respectfully, Patricia C. Moore Esq. 51020 Main Road Southold, NY 11971 631-765-4330 ' Notwithstanding the applicants' agreement to eliminate the two car garage, the board was without authority or jurisdiction to demand revisions to the original proposed plan. BRENNAN RESIDENCE ADDITIONAL TESTIMONY September 3, 2014 In response to concerns of the ZBA members, as related by Southold Assistant Town Attorney Stephan Kiely, we hereby submit additional drawings for your consideration. 1. PLAN ANALYSIS SHEET The area of the proposed footprint has been reduced to match that of the existing footprint: 3,001 square feet. The net change is zero, though there are four areas where the footprint outline is proposed to be different from the existing: two small areas, both involving exterior stairs, have been removed, and two, one involving a new exterior stair, and one a cantilevered bay, have been added. 2. STORAGE AREA and MUD ROOM The two car garage shown on previous FLOOR PLANS has been eliminated, and replaced by a Mud Room and a large Storage Room. This reflects the owners' intention to use the space for storage of bicycles and boats, and to have extra closets for storage of other personal items (the house has no basement nor attic). The larger Storage Room will be accessed by barn -style swinging doors from the exterior. 3. SECOND FLOOR The second floor is not shown changed from the previous submission. This reflects the owners' need for each of the Bedrooms shown, and the fact that they are all very modest and absolutely minimum in size. The existing house has five bedrooms, and so does the proposed house. It was explored to move one bedroom to the main floor, but this was found to be impossible, due to the split level character of the design: the storage areas are half - story down, as are the two bedrooms located above them. While this scheme minimizes the volume and bulk of the house, adding to the first floor would require raising that part of the second floor as well, completely altering the roof line and increasing the bulk of the house, and the impact on the neighborhood. 4. SQUARE FOOTAGE COMPARISONS existing footprint first floor living 2,381 sf porches/exterior stairs 620 sf Total (footprint) 3,001 sf proposed footprint first floor living 1,633 sf mechanical/storage/mud 579 sf (2,212 sf living + storage) porches/exterior stairs 789 sf Total (footprint) 3,001 sf proposed living area first floor living 1,633 sf second floor living 1.555 sf Total living area 3,188 sf (+807 sf = 34%) S A M U E L S& S T E E L M A N BRENNAN RESIDENCE ADDITIONAL TESTIMONY September 4, 2014 '�P �-J-1 I RECEIVED SFP 5 2014 BOARD OFAPPEALS In response to a direct question from the Zoning Board of Appeals, please note that the total area of the existing and proposed footprint at the above referenced project is 3,001 square feet. The area noted on the originally submitted documents was incorrect, and was amended on the documents submitted at the time of the public hearing on August 7, 2014 and on all documents thereafter. Respectfully submitted, oF NEW). CO S C. 8q yG'Q�- 018350'1 Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX(631)734-6407 Mimi EW Im" olka., six -MM 71 'Ww' IL AI�Aftb m �` J 6 ` r _`im - _ ._ . �` J AL ir i ML Icy' / Ma} r•` ��, ae.y x� '^` jl" `'* R4,` a .; '�►- �,�g�[�.�t► >�.� tit '?4 now r J Co 0 7"rA Cr G *` T 6' T RECEIVED � JMARD OF APP'tAt,� - G. F A 4 AWP I I -A- -- FINE jwp� Gorrr4 � E�CVjfNDED 20[ 2. w 91 qq 26 °lo App. OR 4 ff A, ho coTTr16. � s� 9 e5-vewde w woo Z/ 4r 40 It I 4W i jw ;o .tS a • Yi ,r... rn; ..7� 'r. �, •� .. �" x•: {. _ t •:p•. y � �' fit._. � �A f���l`A�?, -i (ip 1'_ ,a .. OW �' '�`' AN , Al "ellf r. �', rtip.,. T•7R. +$`i.y 13i' i!'�' �.�It1 ' =�r...dx.. s `°- '�.r �ir"'.Q. *("7"',._s.... .� ..� •e• � _1►" r �L .ni.. 0 Akv -4w 11V 4V - v` :s N�s .,v .,4 10 a- W( S A M U E L S& RECEIVED S T E E L M A N July 2, 2014 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 JLIL. 14 2014 DOARD OFA ppEACS Re: RENOVATIONS & ADDITIONS TO THE BRENNAN RESIDENCE Kimogenor Poin uffolk, NY SCTM#1000 ,41 Attn: Leslie Weisman, Chairperson We are in application with the ZBA for a variance to be heard on August 7, 2014, to consider relief on the above referenced project. As with other projects in Kimogenor Point, the Brennan Residence will be before you as a pre-existing, non -conforming structure, due to the nature of property ownership in that cooperative community. Our renovations are extensive, and involve a new foundation, second floor, and modifications to the existing first floor. As part of my presentation to you, it will be my responsibility to establish that the existing structure is not "demolished" during construction. By code, this means that 25% of the existing structure must remain. As part of the process for the Bingham Residence, also in Kimogenor Point, I did this by calculating the square footage of all existing walls/floors which remained. Will this be the standard that determines compliance for this project as well? If not, in the interest of expediency, could you please share with me the standard for non -demolition that the Board wishes to uphold? To give you a chance to review this information, I would like to submit these calculations in advance of the hearing. Thank you, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX (631) 734-6407 S A M U E L S& S T E E L M A N RENOVATIONS & ADDITIONS TO THE BRENNAN RESIDENCE Kimogenor Point, New Suffolk, NY ANALYSIS OF EXISTING STRUCTURE TO REMAIN July 16, 2014 TOTAL EXISTING STRUCTURE Floor Area 2,859 sf Wall Area 3,192 sf Ceiling Area 1,696 sf Roof Area 2,792sf TOTAL 10,539 sf 25% of existing 2,635 sf TOTAL EXISTING STRUCTURE TO BE REMOVED Floor Area 800 sf Wall Area 2,048 sf Ceiling Area 1,696 sf Roof Area 2,792 sf TOTAL 7,336 sf TOTAL EXISTING STRUCTURE TO REMAIN Existing 10,539 sf Removed 7,336 sf Existing to remain 3,203sf % existing to remain 30.4% Note: Wall areas calculated by multiplying wall linear foot ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631)734-6405 FAX (631) 734-6407 S A M U E L S& July 16, 2014 S T E E L M A N Southold Town Building Department Main Road Southold, NY 11971 Re: RENOVATIONS & ADDITIONS TO THE BRENNAN RESIDENCE Kimogenor Point, New Suffolk, NY Attn: Michael Verity Regarding our recent conversation on the above referenced project, I have analyzed the structure as an existing one story dwelling and as proposed, and have calculated that our plans call to retain 30.4% of the existing structure. This is a greater percentage than the required 25% minimum. In other words, we do NOT propose to demolish and reconstruct the residence, but rather, to renovate and expand it. For lack of clear direction from you, the ZBA, or the Code, my methodology has been to calculate the square footage of each structural component: the floor, walls, ceiling and roof, both as existing and as proposed to be removed. Please see the attached ANALYSIS OF EXISTING STRUCTURE TO REMAIN, which details this process. See also the color coded FLOOR PLAN, which makes this method clear. Also attached to complete the set is an EXISTING CONDITIONS FLOOR PLAN, and a PLAN ANALYSIS. I would be more than happy to meet with you to discuss this further. I would also like to bring in the chosen general contractor for the project, Gary Steinfeld, to help explain how our construction method will avoid the pitfalls of my earlier project on Kimogenor Point. We are scheduled to go before the ZBA with this project on August 7. Our only hope for approval is if it is seen as a "renovations and additions" project, as the residence cannot be legally demolished and reconstructed, given the cooperative ownership of the property. Therefore, I ask that you to please re -issue the NOTICE OF DISAPPROVAL, dated June 5, 2014 (attached), to reflect that our application, dated May 23, 2014, is to "renovate and add to a single family residence", and NOT "to demolish and reconstruct", which has never been my nor my client's intention. I need this to be in place at the ZBA as soon as possible to avoid a potential costly delay at that agency. Thank you for your prompt attention to this, and as always, for your help, Tom Samuels ARCHITECTS cc. Brennan 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX (631) 734-6407 SCALE: 1/4" =1' -0" Line of existing stairs to be removed -------------r-T--1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I EXISTING STRUCTURE TO REMAIN. GUT IN51DE AND OUT, REINFORCE FRAMING A5 REQUIRED, PROVIDE IN5ULATION, NEW INTERIOR AND EXTERIOR FINI5HE5 NEW 5TRUCTURE. PROVIDE NEW FRAMING, IN5ULATION, INTERIOR AND EXTERIOR FIN15HE5 5TRUCTURE OF EXISTING WALL TO REMAIN SUPPLEMENTED BY NEW FRAMING A5 REa'D. 5TRUCTURE OF EXISTING WALL TO BE REMOVED NEW WALL 5TRUCTURE REGULATORY APPROVALS W W F- >- OzZ � cl) Luj o zoLL cl) cl) � w z Q w co z Cn Z O °- o 0zo w I- QZw z Wo 0O z � w m � oc adz• U)01 01 —j �• o ° jr W J • 12aZLL �w•��tTvLu'� W • `r x v r U) cl) S�P�E OF N��Y o�PIS C. e" �r PROJECT NO: 0805 RAWN BY: TCS 6/6/14 1/491 /4" = 1' - 0" SHEET TITLE: FIRST FLOOR SHEET NO: EXISTING STAIRS TO REMAIN 51 5F :FIRST SCALE: 1/4" =1' -0" NEW INTERIOR SPACE ADDED TO RESIDENCE: 16 5F 'AIR: 40 5F =OOTPR I NT 2,501 5F 618 5F 3,111 5F FOOTPRINT 2,330 SF 848 5F 3,1-78 5F ■ W uj �m 0 >- .o Z cl) LLJ J O Z o LL O LL �-- cl) co 0lu � W Z 06 H z V) Z< O °- O -�O w r-. Q z w >LLJO O O Z W m� 06 Z. N Q• P'f O! Jam• W J• �z Lue `q aZLL N �• W N� N lA • PROJECT NO: 0805 RAWN BY: TCS D BY - DATE: 6/6/14 A 1/411 =1' - 0" SHEET TITLE: PLAN ANALYSIS SHEET NO: c FIRST FL( SCALE: 1/411 O ca co BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth SchneiderCOU http://southoldtown.northfork.net 0 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 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: 11:30A.M. - KIMOGENOR POINT. INC. (Brennan) #6771 - Request for Variance from Article XXIII Code Section 280-123 and the Building 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 building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. The existing cottage is a non- conforming building with a non -conforming use, tocated at: 50 Jackson Street (Adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000- 11'7- 0-1 (cottage #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: Vicki.TothO-Town.Southold.nv.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 V . 04 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLDt, NEW YORK In the Matter of the Application of (Name of Applicants) SCTM Parcel # 1-000-:- COUNTY 000= COUNTY OF SUFFOLK STATE OF NEW YORK • 0 ,+r- to 0 � P-,, Pb - AFFIDAVIT OF MAILINGS I, � IriUO� l vvk66— residing at C1/3 &Sby1 New York, being duly sworn, deposes and says that: Oti the oiol day of ����' , 201 , I personally mailed at the United States Post.Office in., ---1 New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ? Assessors, or'( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrou&ting the applicant's property. (01 A,4 � I AJ�T (Signature) wotn td fore a this . day of , 20 r�zratr nriKrc•�� �; (Notary Public) no. 0111,6110990 M V. W6 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. • .. . cx-imt) CIO a q M,&J6 Y�JK��`� / �4 1173 ll�- -�-/(0.l IDYo W 'eOmtv) -+ Ov-s moo. � qac �,ry),es� W, c wa-R- P, 6, 1"1 U)�f, --C-)�, C� �-- P U- b -2- 2-, a —Fc) im---6-6 sa �1�, 6) v 021 *HATMOO qe� 0Y W 40 3 All- jy ATO" ooc r 1 r �JT{ilr�uG Yrnuoa I i 4 /� o �lU, ro snu". tesi4x� npl:ttmmoJ �M ru C3 r%- -a M ru r-9 Postal C3 Return Receipt Fee CERTIFIED MAILT. RECEIPT (Endorsement Required) .� o, (Domestic Mail Only; No insurance Coverage Provided) (Endorsement Required) 0 —0 ' (DomesticCERTIFIED Only; rU Posta $ $1.40 For delivery information visit our website at N C3 Certified Fee Return Receipt Fee $3.30 Post4 C r11 $2.70 C3 C] (Endorsement Required) •� $ $1.40 Restricted DeliveryFee $0.00tis *V �„ C3 r-1 r-1 (Endorsement Required) 66� 07/22/ $7.40 rUTotal ru Postage &Fees C3 C3 Return Receipt Fee 32.70 c j el? rU n�( ^^f A l!!�_L. C3 r- LSentTo'rq Yfl .---------�---------------------Qo.; !�` n , n / o. (� 1 J u iii. f o----------------------- /f - ------ t a l I G3 PS Form :.r August 2006 See Reverse for lnstructlo�iz-, i ru C3 r%- -a M ru r-9 C3 Return Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) 0 ri (DomesticCERTIFIED Only; rU Total Postage & Fees r1_I For delivery information visit our website at ru r -q C3 ■ 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 rettam the card to you. • Attach this card to the back of the mailpleoe, or on the front if space permits. 1. Article Addressed to: C)M (A) e4Vk *O'C--S Fa9 Ilg3' rU (Domestic Only; Provided) For delivery information visit our website at www.usps.come M Postage $ $1.40 N IY i y9 Certified Fee $3.30 ''1 rot) Postmark t9 C3 Return Receipt Fee $270 � �� do (0 O (Endorsement Required) .'- : n Restricted Delivery Fee , C3 (Endorsement Required) 3om $7.40 ✓ / �d RJ Total Postage & Fees ru ru Sent To C33°ireet, Apt.No.; //� 4. `yAt��,.I or PO Box Mo. _ 2-q '!► ___A _LI -------------- rtty,J Lin state, zlP+4 1 ivy A 3 A. sign- n X �G 1 13 Agent C3 Addressee D. Is delivery Address different from Item 1? Yes If YES, enter delivery address below: No 3. Service lype �Eertlfied Made C3 Priority Mail Express- Registerpd C3 Return Recalpt for Merchandise C{ Insured (gall p Collect on Delivery 4. Restricted Delivery? (Extra Fee) p Yes - 2. Article Number (Transw from service 7 012 2 210 0001 2344 6696 PS For, 3811, July 2013 Domestic Return Receipt Postal MAIL,,,, RECEIPT Cr (DomesticCERTIFIED Only; tti For delivery information visit our website at www.0 �- �-- M Postage $ $1.40 09Aru Certified Fee $3.30 ark C3 C3 Return Receipt Fee 32.70 c j el? C3 (Endorsement Required) /f Restricted Delivery Fee (Endorsement Required)rq �� '/�y C3 rU Total Postage & Fees $ 37.40 07 0� rU ru �"`T° Town of Southold p S`t X f.-07.7-1307-1179 --------------------------- or PO Box Ctty State, r PS Form :rr August 2006 See Reverse for Instructiow, rU (Domestic Only; Provided) For delivery information visit our website at www.usps.come M Postage $ $1.40 N IY i y9 Certified Fee $3.30 ''1 rot) Postmark t9 C3 Return Receipt Fee $270 � �� do (0 O (Endorsement Required) .'- : n Restricted Delivery Fee , C3 (Endorsement Required) 3om $7.40 ✓ / �d RJ Total Postage & Fees ru ru Sent To C33°ireet, Apt.No.; //� 4. `yAt��,.I or PO Box Mo. _ 2-q '!► ___A _LI -------------- rtty,J Lin state, zlP+4 1 ivy A 3 A. sign- n X �G 1 13 Agent C3 Addressee D. Is delivery Address different from Item 1? Yes If YES, enter delivery address below: No 3. Service lype �Eertlfied Made C3 Priority Mail Express- Registerpd C3 Return Recalpt for Merchandise C{ Insured (gall p Collect on Delivery 4. Restricted Delivery? (Extra Fee) p Yes - 2. Article Number (Transw from service 7 012 2 210 0001 2344 6696 PS For, 3811, July 2013 Domestic Return Receipt K Complete items 1, 2, and 3. Also complete A. Sign /N item 4 if Restricted Delivery is desired. X � \ a Print your name and address on the reverse N so that we can return the card to you. Ofoelvedbx a Attach this card to the back of the mailplece, or on the front if space permits. �� i D. Is del ad 1. Article Addressed to: If YES, enter taws Of SOWWW P.O. Box 1179 StxUtl M, NY 11971 lfaddress b6lfiv 1423 2014 C. Date of Delivery S. Service Type •,`��� 19 Owned Mail° C7 Priority Mail 15wreW Q Registered IZI Return Receipt for Merchandise C3 Insured Mail © Collect on Delivery 4. Restricted Delivery? Oft Fee) ❑ Yes 2. Article NtlrnpAr s'= 7 012 2 210 0001 2344 6719 (Transfer from service bw Ps Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. a Attach this card to the back of the mailPlece, or on the front if space permits. 1. Article Addressed to: trntsJ- Cas --p— roams �ar�ea� Pers ags A. SutureC1 11 ❑ pint [3 Addre Data Of Delivery D. Is delivery address different from Item 1? 13yes If YES, enter delivery address below: ❑ No 3. Service Type nWAxtiifled Mail* E3 Priority Mail Express - TJ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail C3 Collect on Delivery 4. Restricted Delivery? 0W a Fee) ❑ Yes 2. Article NrfurrltloY , 7 012 2 210 0 0 01 23 44 6702 (transfer from service � PS Form 3811. Julv 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. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: �I��IQ2INt 2q M,aj�Uy LPN ❑ Agent R. RWelved by (Printed Name) I C. Date of Delivery D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type (�Gertlfled Mall' ®Priority Mail Express'" Lf (D Registered ❑ Return Receipt for Merchandise 0 Insured Mall C7 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Numtler aMnster from sen4cs iaW' ?012 2210 0 001 2344 67 26 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 L'TA(Nae�OAPPfic�m�ts)�� Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 11 �0 a u, j COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING yn residing- at New York, being duly sworn, depose p and say that: On the --a!_ day of ly placed.the Town's Official Poster, with the date of ring and*nature olf my application noted thereon, . securely upon Fry property, located ten (10) feet or closer from the street or. right-of- way (driveway entrance) — facing the street or facing each street or right-of-way entrance,*. and that I hereby confirm that the Poster has remained. in place for seven days nor to the date of the subject hearing elate, which hearing date was shown to be P (Signature) Sworn to before me this Day ofA1AQJ 201 PATRICU RICHARpg NOTARY PLOW. STATE OF NEW YORK (Notary Public) pUAIMED iN SUF�K FOLOOUNTy COMMISSION EXPIRES MAY30.20 near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: MAP # • VARIANCE KIMOGENOR POINT (BRENNAN #4) #6771 117 NON=C0*1 FORMING USE REQUEST DEMO/RECONSTRUCT EXISTING DWELLING DATE: THURS, AUG. .71 2074 11:30 AM If you are interested in this project, you may review the file(s) prior to *the hearing during.normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 r"? u #11808 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) 0 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 7, 2014 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 the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY AUGUST 7 2014. 9.30 A -.M. , ARni. FiF:iPKl1Wc- ICI #6748SE — (adj. from PH 7/10/2014) Applicant request a Special Exception under Article IX Section 280-41 Q(2). The Applicant is the owner request- ing authorization to operate a con- tractors' yard. Location of Property: 41250 County Road_ 49 (aka North Road and Middle Road) Southold, NY. SCTM#1000-59-10-5 9:45 A.M. - MICHAEL RANSON iL¢ M — (adj. from July 10, 2014 PH) Request for Variance from Article =1 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/dock), 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 BLi KR #67 — (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 B .i.ANCI #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 ,e me -this i day of and COLLEEN SHARP #6777 - Re- quest for Variance from Article XXIII Code Section 280-124 and the Build- ing Inspector's June 3, 2014 Notice of Disapproval based on an applica- tion for building permit to construct 130 P.M - AI_RxaNnFD vr,c. accessory garage, at: 1) less than the CHRISTINA VOL NAS_ AS TR i.STRR ��. _Request code required front yard setback (for NOTARY PUBLIC -STATE ( for Variances from Article =1 Sec - waterfront property) of 35 feet, lo- tion 280-116 and Article III Section cated at: 700 Ruch Lane (adj. to Ar- No. 01 V0610f 280-15 & 15B and the Building In- shamomoque Pond) Southold, NY. Qu011fl@d In Suffoll Spector's June 10, 2014 Notice of Dis- SC1714#1000-52-228.1 My Commte.t..., C. -j_ approval based on an application for 10:50 A.M. - NORTH FORK IN- 11IM, AAL...:..'eb building permit to re -build a single VESTORS, LLC. #6775 - Request for - Re- faintly dwelling with pool surround, Variance from Article IV Section 280- quebt f6rVarkaft from Article XXIII cabana and legalize an "as built" stor- 18 (Bulk Schedule) and the Building Code Section 280-123 and the Build- age building with deck, at; 1) less than Inspector's June 25, 2014 Notice of ing Inspector's June 5, 2014 Notice of the code required bulkhead setback of Disapproval based on an application Disapproval based on an application 75 feet for all structures, 2) "as built" for building permit for additions and for building permit for demolition and storage building and deck at less than alterations to existing single family construction of a new single family the code required rear yard setback of dwelling, at; 1) less than code required dwelling at; 1) a nonconforming build- 15 feet, 3) accessory pool cabana pro - single side yard setback of 15 feet, lo- ing containing a nonconforming use posed in location other than the code cated at: 3475 Wunneweta Road (cor- shall not be enlarged, reconstructed, required rear yard, located at: 805 ner Little Peconic Bay) Cutchogue, structurally altered or moved, unless West Road (adj. to Peconic Bay) Cu_ NY. SCTM#1000-111-8-17 such building is changed to a con- tchogue, NY. SCTM#1000-110-7-4 11:00 A.M. - SPENCER DRAY forming use. The existing cottage is a The Board of Appeals will bear all TON #6772 - Request for Variances non -conforming building with a non- persons or their representatives, desir- from Article XXIII Section 280-124 conforming use, located at: 50 Jackson ing to be heard at each hearing, and/or and the Building Inspector's June 28, Street (Adj. to Great Peconic Bay) desiring to submit written statements 2013, renewed May 23, 2014, updated W -w Suffolk, NY. SCTM#1000- It 7-1O — before the conclusion of each hear - July 9, 2014 Notice of Disapproval I . (Cottage #4) ing. Each hearing will not start earlier based on an application for building 1:15 P.M. - WINDSONG COVE. than designated above. Files are avail - permit for additions and alterations LLC. #6776 - Request for Variance from able for review during regular busi- to an existing single family dwelling, Article III Section 280-15 and Section nese hours and prior to the day of the at; l) less than the code required front 280.10503 the Building Inspector's May hearing. If you have questions, please yard setback of 40 feet, 2) less than the 30, 2014,Amended June 26, 2014 Notice contact our office at, (631) 765-1809, or code required side yard setback of 15 of Disapproval based on an application by email: Vicki.Toth@Town.Southold. feet, located at: 1120 Jacksons Landing, for building permit to construct acces- nyus. Mattituck, NY. SCTM#1000-113-6-1 sory pool house, pergola, in -ground Dated: July 14, 2014 11:15 A.M. - SHOWALTER pool and deer fence, at; 1) accessory ZONING BOARD OF APPEALS FARMS. LLC. #6778 - Request for Special Exception under Article III, pool house, pergola, in -ground pool in LESLIE KANES WEISMAN, Section 280-13B(12) for equestrian location other than the code required CHAIRPERSON stables and riding academy, located at: rear yard, 2) 8' deer fence propos in 54375 Main Road (Office Vicki Toth 18625 Main Road aka NYS Route 25 location other than side and rear yard, Mattituck, NY. SCTM#1000-108-4-1.3 located at: 3770 Private Road #1(adj. to 53095 Main Road (Mailing/USPS) & 1.4 Long Island Sound) East'Marion, NY. P.O. Box 1179 SCTM#1000-22-3-4 1.1808-1T 7l31 Southold, NY 11971-0959 Principal Clerk ! 0 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hapl/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. BOARD MEMBERS 0 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 June 20, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning.Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6771— Kimogenor Pt. (Brennan #4) Dear Mr. Terry: JUN 202014 sou�hod Tom Plarinwo Board We have received an application for demolition and re -construction in New Suffolk. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS 0 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 June 20, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6771 Owner/Applicant: Kimogenor Point Co., (Brennan #4) Action Requested: Demo & reconstruct non -conforming cottage w/non-conforming use Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Bye_ Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider September 19, 2014 Thomas C. Samuels 25235 Main Road Cutchogue, NY 11935 QF $o(/ryO� mal � y�DUNT'1,� 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 #6771 — Kimogenor Point (Brennan) Dear Mr. Samuels: Transmitted for your records is a copy of the Board's September 18, 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, vc� -- Vicki Toth Encl. Cc: Building Dept. _ IJ f MATCHUNE FOR PCL. NO. at WAC. No. i W044"i A Kt v►rt o z kneed a s�„s WME COUNTY OFSUFFOLK © K rw�w+e�wwor Rea) Property Tax ftrvi a A rmy V ,. anwwAMNaNrrw+waa� ?MWOF soumoLD ""Ma I IIA No I II I n n II II I • DAM I I MASTER BEDROOM I ! ' II ---------------------------- / II I I I -� II �SID51 BEDROOM — — — —---------------------------- i BATH 00 feJL1 � DININ6 ROOM 00 1 KIMEN 11 H6LL ------ ------ ii / II II I! I1 TOOL ROOM • II ME�NANIGAL ROOM II , FAMILY ROOM STUDY II -7/77777,77777/7", 77/77, II � II W D 71 7=1 71 BATH. LIVINS ROOM • ii GUEST BEDROOM *1 6UE51T BEDROOM *I !I II QL !I II II feL ii ! II COVERED PORCH OOYERED PORCH FIRST" FLOOR PLAN., - SCALE: 1/4" =1' -0" RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS ca Z NIS OF Np-tp �. �O�P's S9��o�� ,aM►,�. X8350-1 PROJECT NO: 0805 DRAWN BY: TCS DATE: 11/14/13 1 /4" =1' . 0" SHEET TITLE: EXISTING ONDITIONS SHEET NO: in ti Oi r 0"' 0 w J• LEa _ a u j ur U., Quo W. N U ^ NIS OF Np-tp �. �O�P's S9��o�� ,aM►,�. X8350-1 PROJECT NO: 0805 DRAWN BY: TCS DATE: 11/14/13 1 /4" =1' . 0" SHEET TITLE: EXISTING ONDITIONS SHEET NO: l I i .. I, uj EXISTING INTERIOR SPACE 4 STAIRS REMOVED:. I9 SF co -W Z LL LL EXISTING OOR SHOWER REMAIN: 53 SF NEW STAIR: 34 5F NEW E COVERED PORCH AT i �- XISTING STAIR: 31 SF EXISTING INTERIOR SPACE: 58 5F NEW STAIR: 18 5F Za.Z<00 ' NEW INTERIOR SPACE ADDED TO RESIDENCE: I6 SF EXISTING FOOTPRINT OF RESIDENCE TO BE RENOVATED: 2246 SF W I EXISTING STAIRS TO REMAIN 51 5F I - I 1 U. co NEW INTERIOR SPACE AT EXISTING COVERED PORCH: 68 SF NEW COVERED PORCH AT EXISTING NEW STAIR: 40 SF INTERIOR SPACE: Ill 5F NEW COVERED PORCH AT EXISTING INTERIOR SPACE: 68 SF EXISTING FOOTPRINT EXISTING COVERED PORCH TO REMAIN: 5415F PROJECT NO: INTERIOR SPACE: 2,501 SF PORCHES/5TAIRS: 618 SF TOTAL 5,11 l 5F CHECKED BY: EXISTING STAIRS TO REMAIN: 66 5F fi ROFOSED FOOTPRINT DATE: INTERIOR SPACE: 2,330 SF PORCHES/STAIRS: 848 5F TOTAL 3,1'18 5F FIRST F PLAN SCALE: 1/4" =1' -0" INC BARD of APP�p�S ZON w O O � W Z Q w O zz Q W O O � o� Z . v, Q • {h Of Jam• W J• w t �W•�N�O z a z � W • N QL r • r V � S�P�E �� N��Y OOPS C S�'Li o�� a � ��8350-1 �i 0805 DRAWN BY: TCS 6/6/14 SHEET TITLE: PLAN ANALYSIS SHEET NO: l I i .. I, uj EXISTING INTERIOR SPACE 4 STAIRS REMOVED:. I9 SF co -W Z LL LL EXISTING OOR SHOWER REMAIN: 53 SF NEW STAIR: 34 5F NEW E COVERED PORCH AT i �- XISTING STAIR: 31 SF EXISTING INTERIOR SPACE: 58 5F NEW STAIR: 18 5F Za.Z<00 ' NEW INTERIOR SPACE ADDED TO RESIDENCE: I6 SF EXISTING FOOTPRINT OF RESIDENCE TO BE RENOVATED: 2246 SF W I EXISTING STAIRS TO REMAIN 51 5F I - I 1 U. co NEW INTERIOR SPACE AT EXISTING COVERED PORCH: 68 SF NEW COVERED PORCH AT EXISTING NEW STAIR: 40 SF INTERIOR SPACE: Ill 5F NEW COVERED PORCH AT EXISTING INTERIOR SPACE: 68 SF EXISTING FOOTPRINT EXISTING COVERED PORCH TO REMAIN: 5415F PROJECT NO: INTERIOR SPACE: 2,501 SF PORCHES/5TAIRS: 618 SF TOTAL 5,11 l 5F CHECKED BY: EXISTING STAIRS TO REMAIN: 66 5F fi ROFOSED FOOTPRINT DATE: INTERIOR SPACE: 2,330 SF PORCHES/STAIRS: 848 5F TOTAL 3,1'18 5F FIRST F PLAN SCALE: 1/4" =1' -0" INC BARD of APP�p�S ZON w O O � W Z Q w O zz u U r Gee FOUNDATI SCALE: 1/4" =1' -0" TRUGTURE AND STABILIZE INC. DEMOLISH EXISTING NO. BLOCK FOUNDATION EINF. POURED GONG. FOOTING EXI5TING 5TRUCTURE 5" GONG. BLOCK PIERS ON VC. PAD FOOTING iTRUCTURE TO REMAIN. WD. GIRDERS ,��-7'1 / RECEIVED JUN 19 ZU14 ZONING BOARD OF APPEALS I W uj O Z cf) UJ J O ZC)L. 0 U. cf) co 0 Lu � W Z Q 06 Z cl) z 0- �- O -� O Z W > LLJ 0O O W 06 Z . Of r Jam• E3 r ��� o } W J• W • z = H Q W• N N = 5� r LL Ir • V v fQ V/ V/� OF NE PN. SC•S O `s In X8350-1 PROJECT NO: 0805 DRAWN BY: TCS ATE: 6/6/14 A E: 11419 =1' . 0" SHEET TITLE: 111111 FOUNDATION PLAN SHEET NO: I Exl to I PLAY ROOM COVERED PORCH IN EXISTING LOCATION, ALIGNED WITH ADJACENT RESIDENCES - BENCH STORAC6E I r -I I I II II I I I I I--�--- 11 II I ------ I LJ o -- r----�--------- - T=AT= I I � J DN O FAA MECHANICAL ROOM New wall framing ! 1 w1 ! III I I III I I III I I III I I ul 1 ;III I 111 I I FAQ !!I LY ROOM I I I - ' I I L 111 I I 1 Line of second j f floor above I I I ' I I I I I I I I I I I I I II I GOVERED FOF, GH SCALE: 1/4" = V-0" M Line of existing stairs Ito be removed l000xxxx=:rte II �0000�lxorn i�'. No -iii\■■■I,`I :: A■� 11MINN ■IS■ MISS ....: it LFF IIII --------------------- L IIIII ----- -- - - - - - - - - - FOYER r IIIII II F -I KITCHEN II II I II I GL 11 I II I I �j1 I II II I I I I L ---------------F ------------------- � I------------4----lr---------------I I I I L�J II I J I II I II I II COUNTER oy/ ----------------r-------- I I Ls -J L-�J � \ I LIVINCG I I ' 1 ROOM ! I ! 0" x 11 Lam_ II II II II II II II PLAN 0 COVERED FORGH Line of existing wal to be removed IllllllIIIII! j/ Z- EXISTING STRUCTURE TO REMAIN SHOWN w/LIGHT HATCH. GUT INSIDE AND OUT, REINFORCE FRAMING AS REOUIRED, PROVIDE INSULATION, NEW INTERIOR AND EXTERIOR FINISHES NEW STRUCTURE (INCLUDES INFILL OF EXISTING WINDOWS) SHOWN w/DARK HATCH. PROVIDE NEW FRAMING, INSULATION, INTERIOR AND EXTERIOR FIN 15HES I�cwvel cxisfim tD- rt RECEIVED JUN 19 Zp14 Z�NZNG �� PRD UV � REGULATORY APPROVALS W oa c O Z LL cj) Lu Z 06 z z co Z 00 a o -Z0 LLJ 0 0 2 LLJ M �Id 08 z - co M ° Q W O rrx� W -j- W � Lu - v Z 3 Q ;R z W �n C Q G W - 0 V r U) U)- C F N �� S C. ~O c�835b-1 r �G•C PROJECT NO: 0805 RAWN BY: TCS Al E: 6/6/14 1/4" = 1' - 0" SHEET TITLE: FIRST FLOOR SHEET NO: 5ECOND FLOOR 15 NEW, COMPLETE full ��D OOM 15-0" 8-O" ii STORAGE — — — — — 3 window seat i i i HALL i UP DN bunks BEDROOM Q D - 11-0" X 12-1" W E3AT--------------- bunks N •O �- n n OFFICE WALK-IN ii HALL rLO5ET SAT u n I i 'o .� +-�ALL. , LINEN ( king queen queen MAS ER jBEDROOM 5 DROOM BE FZ OIOM II'-5" X 10'-5" 1 '-5" X 10'-5" I ol Ej lu I I I SECOND FLOOR PLAN. SCALE: 1/4"=1' -0" 1,560 5F RECEIVED JUN 19 2014 ZONING BOARD Of APPEA REGULATORY APPROVALS W LU X loom o Z ...� O Z LLOLIL 0 =) cj) co � w Z Q od Z Z cr) 0 a. 0. -R w O f— Z w O W m� z . fad V+ Q • M O! Jam• ��^ LU J• �LU0 z Z U, UT G LJJ • Q a I—• �v to N S�P�E OF NE4, ooP,s C. SO,p � r 078350-1 PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 6/6/14 1/491 =1' - 0" SHEET TITLE: SECOND FLOOR SHEET NO: ri SOUTH -ELEVATION SCALE: 1/4" =1' -0" i WEST ELEVATION RECEIVED SCALE: 1/4" =1' -0" JUN 19 2014 ZONING BOARD OF APPEAL PPROVALS o Z c j O z U.O 0 =) P cl) c) Q W z Q 06 _z cn z O 0. 0 w 0 P Z W > LLJ (DO O W ca Z• V/ Q • M Ol r E3 Jam• �n r ��� �°- W-J•�zz n Lu Q = c N 1 in C G W • N V/ co) S OF NE19 5 �Pg C. S, O.p� ys, 018350-A PROJECT NO: 0805 RAWN BY: TCS ATE: 6/6/14 SCALE: 1/4 11 =1W.011 SHEET TITLE: ELEVATIONS SHEET NO: NORTH ELEVATION SCALE: 1/4" =1' -0" r. i EAST ELE SCALE: 1/4" =1' -0" CENED RE ,UN 19 Zp14 ZONIi4G EOA{tD Of APPEALS 'ULATORY APPROVALS ui W U >- 2: z I..� z LL J O O LL Z u - _ O moav cr) cl) W W Z ~ F- C/) Z - Z O a. O w V�O W wzw Z W UJ O o cif Z - V/ Q • N 13J �. Y 2T WJ.c�,00 �Rz D W • Q z 2 N = C N 2W• a=1��} U Q ��• V m U) (1)• OF ME ,r 0 O t'sC.S 018350-1 PROJECT NO: 0805 DRAWN BY: TCS DATE: 6/6/14 1/419 = 1' - 0" SHEET TITLE: 100000 ELEVATIONS SHEET NO: I ui m Fm U >- IZ O w co UJ J O Z 0 LL o LL P co co o� o W. Z Q w 06 z to Z O CL O -� U.0 0 z w OO uj m ca Z. co Q• ti M Of r El °0o 2 w J• Z Jaz Mw•L)U.,o Q M t�zq+ n w • N �- U) cl)- of NEW)-, 'r�rrt V PROJECT NO: 0805 DRAWN BY: TCS ATE: 6/6/14 E: 1 /4" =1' - 0" SHEET TITLE: FIRST FLOOR SHEET NO: w o Z 1 .. � � J p Z 0 U. O LL � co 0 W Z 06 z co Z 0. CL O .— O F- Q z W LLJo O� .. O_- z � w � oc Cd Z . V/ Q • M W Jam• �� WJ•�z a DW•(.)2LLT o W• N v/ v/ - �,;�.pF NEW Yp p5 C. Sq o2� r `I ate` f y11' ✓ PROJECT NO: 0805 DRAWN BY: TCS CHECKEDBY: DATE: .. 6/6/14 SCALE: 1/4 V1 = 1' - 0" SHEET TITLE: SECOND FLOOR 310 SHEET NO: 1 21 Xm t SURVEY OF PROPERTY SITUATE NEW SUFFOLK X. X 64 TOWN OF SOUTHOLD - 62•x` !-SUFFOLK NE l X2 -z S. C. TAX No. 10IN ��1 70 ALE "•�� �;♦ ��\� • . : `' NOVEMBER 189 2013 Coll ♦ �� a NOTES: �o l 4 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM •' o EXISTING ELEVATIONS ARE SHOWN THUS: — — ♦♦ EXISTING CONTOUR LINES ARE SHOWN THUS: — —s— — — — i '• •: ♦ x «: F.FL. — FIRST FLOOR Q ! `� `♦ + Via. G.FL. — GARAGE FLOOR ` • * ' • ° �♦ / ' • ' ' X 4 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO501 H e ' .' •' -' ' 2z . �� ,. ZONE AE: BASE FLOOD ELEVATIONS DETERMINED X22 X�24 ZONE X*: AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL r' CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; . e.. • �. oohs AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. X� '� L ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); < X�A2 s. �� ` o0o BASE FLOOD ELEVATIONS DETERMINED .. ' X 6 �. , UTILITY m • POLE #26 O, e i° Y e" XZ -4 `A O op ill f0. 9�10. ♦` �. •.• A .' S5 : • -z 9 • X+" yo ♦ ka X v�o°es O0� 0\t> � ' . ' 4 s . , •ra • < - . ,..' • '.X� L�Y .14 . , • 1 ?k� GAF `� ' • X Box : '• ! Q e d �y+ Cbz i Q" « , •' X p A X'32 • 1° 3.3 Pn � A 2 7 4 X•Z•J a' XIS 41: •4 • X'L p • • •4.a • F � Po •d �& ..r a• era' .'.4. X y• • d •, .• a' i'X •� < J ut' �. • •• '. �''.a pRNEWAY x 'Ll SITOK ! a a .. a.e ,. <X ZONE AE (EL a)�_p .�4.�._ O�- �'�A 4s •• •� ' • •.: , . • .. ,=.. •� r....... -� �" —'— • .4,2 .. i 4.6 WATER .••-2 ....r -- —y'+'^—.. .-a d. a. ZONE VE (EL 8) METER\17��,� • :e -, ,I • A 4 ' • ` POLE NYT . X5LJ SPLIT RAIL FENCE \0 x+`2F.FL,&M -7777 L., 1.10 F.FL•6.88 , FRAME HOUSE XZD FRAME HOUSE FRAME HOUSE �I X2...4 X.7-7 XU ` 1 RECEIVED JUN 19 2014 ZONING BOARD OF APPEALS ERpM6 No�SE �j- PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED 13Y THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. ,jS OF kFhr y�� InFr 0, ,• r. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Lic. No. 504E � - VU Nathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 E II Ie J � A c� . 's0 NEST GREEK S,,o.00. L•, \ ; l ��• 4 ' N, I LAWN j•<." , , ; _ CLUB HOUSE _ BULKHEAD I RESIDENCE \ \ \ �.,,.•:, > w - ' I SL/�ND WOOD BULKHEAD BULKHEAD I *• ' x << I ' �� •;;- ,.ti•: �� =. =' SUFFOLK COUNTY WATdR \ ...: • ' •� + AUTHORITY UN�� WATER MAIN \ RESIDENCE \ \ ,` ,�r'.i :•''�'•.'LAWN BEACH IN •r \ \ _ ••L • •• :..:� /�-.•:-.#••y• EIDE APPARENT HIGW H ATER MARK \ \ ° ` : r 2349 \ \' r \: y'n• .SC14.1N. ACKSfN , � { M5IDENGE 2594 of uj �i zT 0 Lu Z n Cl) Q Se�C�c O 0 Cj)LL LL s• - WMCD LL! FLOOD ZONE Z BOUNDARY LINE 06 F- 1561360,E5 3035 of EXISTING HOUSE TO BE RENOVATED //�� :~c. =.. , '� `•' AND ADDED TO W/NEW FOUNDATION < NE"ECOND FLOOR \\ "tom 4t"•.k' � �• .,..i 'v '`y � ��`� BEACH \ \ \� -•. f tom.: L`, .,,K �' 2866 i� F `� APPROXIMATE LOCATION OF 1r (} \ ARI-' ,(�/ \ RESIDENCE :`• �� _ f NEW SANITARY SYSTEM, PER A~ •j c N. \ \ KEAN APPARENT HIGH WER MARK El%1/ E�IDENGE 2268 of \ I \ \ I PROPERTY LINE \\ POLLIO R>rSIDENGE 3062 of \ i SITE PLAN \\\ SCALE. 1 — 40 BEACH 30?.ys, I I I I , � { I I SITE D -A SCTM # 100 - -06-24.1 ST PARCEL ADDRESS: 50 JACKSON STREET NEW SUFFOLK, NEW YORK 11956 OWNER: KIMOGENOR POINT CO. c/o BILL ARCHER 29 GREEN MEADOW LANE HUNTINGTON, NY 11743 LEASEE: DONALD AND JESSICA BRENNAN 21 REMSEN ST. BROOKLYN, NY 11201 SITE AREA: 147,348 SF +/- = 3.38 AC BUILDINGS: 20,891 SF =14.2% PROPOSED ZONING: R-40 FLOOD ZONE: AE6/X SURVEYOR: Nathan Taft Corwin III 1586 Main Road Jamesport, New York 11947 _--_ LICENSE # 50467 DATED NOVEMBER 18, 2013 FAA North Fork �ew u o ve aN NEW SUFFOLK, NY NOTES KIMOGENOR POINT COMPANY OWNS THREE SEPARATE PARCELS, TWO OF WHICH ARE REPRESENTED HERE. THE PROJECT 15 LOCATED ON ONE PARCEL, W/TAX MAP ABOVE SURVEY INFORMATION SUPPLEMENTED W/ADDITIONAL INFORMATION FROM AERIAL PHOTOGRAPH AND FIELD SURVEY BY ARCHITECT REGULATORY APPROVALS uj U zT 0 Lu Z n Cl) Q Z O 0 Cj)LL LL LL! z Z 06 F- c az Z Z O a F- Q ujz O > W W 0 O z Imm W uj Y i Cd Z - co Q • M Of r 1 3 CC .j G • O i. ?� W J•"� z :D Lu QZ 2 In Q N LL a W • N 0 ti V is Q �"" • Cl) CO) �P�� OF NFp,Y 5 S C. Sg2f O,p� I 7� 018350-A PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 5/23/14 SCALE: lit=40'.0" SHEET TITLE: SITE PLAN SHEET NO: v COVERED PORCH IN EXISTING LOCATION, ALIGNED WITH ADJACENT RESIDENCES - - \\<\ Exls Na ram IL__; L_ -- to r aln f -Tr --------- 1 I 1 F-----------! Line of existing walls I ! to be removed L--------- BENCH IIIr----- r------- �� 11 II O 1! RAGE \ II LJ 1 r---- 7,,4�-_------_ - re PLAY ROOM OUTDOOR ISHOYVER —Line of existing stairs to be removed•• •• �— � �' ICOZ=3S==C O.Ypf f¢•:: f.� In „ �� 161■■■■I ��'•t � --- �y I%■■1TA■■��■I M • I - - - -# — — , IN N I• i v �fl3� r �—Llne of second floorabove ¢{ id I NO PITA y1� ••i � .III1�w ri `aK �� I�� �1� r•::,:,+.V,:•Y,:•". .v, r» — sa` r IIII, ki 8� • � xi 1 �I I� FIRST FL SCALE: 1/4" =1' -0" " EXISTING STRUCTURE TO REMAIN SHOWN HA-16HT ' 'HATCH. OUT IN51DE AND OUT, REINFORCE FRAMING ;AS REQUIRED, PROVIDE INSULATION, NEW INTERIOR AND EXTERIOR FINISHES NEW STRUCTURE (INCLUDES INFILL OF EXI5TINCG WINDOWS) SHOWN WDARK HATCH. PROVIDE NEW FRAMING, INSULATION, INTERIOR AND EXTERIOR FINISHES uj w 3 LL J 0 0 LJLz cJ)1 Luz Ia. z O w 0 p W W 2! Z W ui UJ c!) O m E F ad Z. N Q• a` M Of r 13 CC J C • O h 0c O W J' � LL1 z z W• c� a 0 vn v � Q 1— • cl) N - �P�E OF NekV �C. 0 Sq?'&•A3' 50-A N PROJECT NO: 0805 DRAWN BY: TCS CHECKED BY: DATE: 9/24/08 1/411111 =1' . 0" SHEET TITLE: SCHEMATIC DESIGN SHEET NO: V SECOt SCALE: 1/4" V-0" I,✓60 SF :)MPLETE E31GN #3 I i SECOt SCALE: 1/4" V-0" I,✓60 SF :)MPLETE E31GN #3 uj W � 3 w ILL j 0 0 rj U. z U. 0-=) cf) co p Uj �:W M z cl) z MISSION!0 O 0 LU z w Lu Lu 0 0 od Z. V+„AA Q • � OMI r O O � �Z W-J•ur •N C Q W O N t 'r • L L Q L• f'�}J v �i b t/9 N • OFNF�� s C. � ' r 9 � ��8350-1 PROJECT NO: 0805 RAWN BY: TCS B: DATE: 9/24/08 1/4 go =1' . 0” SHEET TITLE: SCHEMATIC DESIGN SHEET NO: PROFILE OF EXISTING ROOF LINE TO BE REMOVED EM= /------------ — — ------------- --------------------------------------------------------- 0 --------------------------------------- --------- - ------------------------- ----------- NORTH ELEVATION,' SCALE: 1/4" V-0" PROFILE OF EXISTING ROOF LINE TO BE REMOVED IN • e ®----------------------------------------------------------- ----- <3r'i ❑ 0 ❑ EAST ELEVATION - SCALE: 1/4" V-0" SCHEMATIC DESIGN #3 06 Z. �p V/ • M ppm 01 r Jam• ��_� r O 0 LU J • z z W• O Q to N ? C9 m L1J • a x V U• �0,�- OF NEtV)� 5 SPS C. O �G s 018350-1 F F CN\ PROJECT NO: 0805 DRAWN BY: TCS LU by: DATE: 11/25/13 1/411 = 1. 0" SHEET TITLE: SCHEMATI DESIGN SHEET NO: i PROFILE OF EXISTING ROOF LINE TO BE REMOVED ----------- - - - - - - - - - - - - - - - - 1FP 1�flr ,i i t • I SOUTH ELEVATION SCALE: 1/4" =1' -0" FROFILE OF EXI5TING ROOF LINE TO BE REMOVED ir 5E0OND FLOORMINI _ ... ._ . i ILL 111E ----------------------FIRST FLOOR — --- 11 --- — ----- -------------------------- EXISTING GRADE WEST ELEVATION SCALE: 1/4" V-0" SCHEMATIC DESIGN #3 Lij U >- m z LL LU J O o LL z u- 0 cj) co UJ �: w Z FM c z - O (m) O w w ;z z ui wW0 F- M. ca z VI Q • M P 13 x > W —I• z m LUz � Q � c') W• N tO=j n � Q I— • n fA N OF NFA, Y g� `SPS C. S,q�G %350A PROJECT NO: 0805 DRAWN BY: TCS DATE: 9/24/08 MISSION 1/411 =1' - 0" SHEET TITLE: SCHEMATIC DESIGN SHEET NO: OF \ \ BEACH 'y \ OREAT FEGONIG i., 5AY f'...SITE PLAN. �� 1 SCALE: 1 = 40 4 i i I' i NOTES KIMOOENOR POINT COMPANY OWNS THREE SEPARATE PARCELS, ONE OF WHICH ARE • REPRESENTED HERE. THE PROJECT IS LOCATED ON ONE PARCEL, w/TAX MAP ABOVE SURVEY INFORMATION SUPPLEMENTED WADDITIONAL INFORMATION FROM AERIAL TT ` PHOTOGRAPH, PROPERTY CARDS, AND FIELD t/� SURVEYS BY ARCHITECT #1 ❑ I r GARAGE 5HAOK i 1 #2 I L I NE SHOWS SECOND FLOOR WITHIN FOOTPRINT 3 I� #4 $� 1 1 PROPERTY LINE I. SEAGH '7- • } i SITE DAT SCTM # ADDRESS: 80 JACKSON STREET NEW SUFFOLK, NEW YORK 11956 OWNER: KIMOGENOR POINT CO. c/o BILL ARCHER 29 GREEN MEADOW LANE HUNTINGTON, NY 11743 LEASEE: DONALD AND JESSICA BRENNAN 21 REMSEN ST. BROOKLYN, NY 11201 SITE AREA: 147,348 SF +/- = 3.38 AC BUILDINGS: 20,891 SF =14.2% PROPOSED ZONING: R-40 FLOOD ZONE: AE6/X SURVEYOR: Nathan Taft Corwin III 1586 Main Road Jamesport, New York 11947 LICENSE # 50467 DATED NOVEMBER 18, 2013 #1GSON #2 FIJRGELL #5 V LL I AMSON � h #4 BRENNAN ' proposed #5 KEEN #( MARSH #-I B I NOHAM i, #8 ADLER ; # ci ARGHER #IO FOX #11 V�ATSON ' i. #12 POLL 1 O f REVISED: z O ujz J Z �O O Cl) LLL ~ W = CO 0 Q z W Z Ca E- C Q Z Z Z O O Z 0.O W F= Q uj z ix (LLI O Z W W LLJ Y ad Z. cn Q • M W r W..J•�� µl z mW•�2uN = Q t N Z LL m u%• Q I""' • in N u v n M U) - Of NEW yo c, C. Sq G''¢ �`N !? sa•.9 �C 018350-1 STER D G PROJECT NO: 0805 DRAWN BY: UT CHECKED BY: TCS DATE: 8/13/14 SCALE: 1"=40'.0" SHEET TITLE: OVERALL SITE PLAN SHEET NO: I ; EX15TIN6 STAIRS TO REMAIN 51 5F NEW INTERIOR SPACE ADDED To RE51DENCEx 16 SF 5 FIRST FLOOR PLAN NIR: 40 SF ObTFRINT 620 SF 5,001 sl= FOOTPRINT l(oc[4 SF 518 550 SF 5,042 SF 1.4% INCREASE FLECBIVBQ 7-0'gjlG 'BoPao of REVISED LU u , i o Z 1� 0% cl) W �d .j 0 Z LL 0 F- (l) LU Z W% od z cl) 0 Z a. 0 w 0 1z < uj > o O 0. Z 2 ca Z. co <. 13J �• q WX 0 UJ _j. R n Lue Mur U, CC 0 N t9 W• N cl) U) ,,,ofNEVvY,, Bc.sq & 0 0183 - PROJECT NO: 1 0805 DRAWN BY: TCS u BY* DATE: 6/6/14 A E: 1/4 to= I .o SHEET TITLE: PLAN ANALYSIS SHEET NO: