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HomeMy WebLinkAbout6789 �r 11-7 All ! 36 r BOARD MEMBERS OF S17Southold Town Hall Leslie Kanes Weisman,Chairperson �� ryQlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing �'Q i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �QUNVSouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Q Ili 7 Tel.(631)765-1809-Fax(631)765-9064 NM! 33 90114 t-f• S thold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2014 ZBA FILE: 6789 Interpretation NAME OF APPLICANT: William F. Grella and Gary D. Osborn SCTM:1000-117-7-30 PROPERTY LOCATION: 1200 First Street(adj.to Great Peconic Bay)New Suffolk,New York 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. 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 (L)VRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Aug. 21, 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 construction of more than the code permitted 2 stories is proposed to render the structure FEMA flood zone compliant, and is therefore CONSISTENT with LWRP policy standards, and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 3621 sq. ft. parcel in the MII Zone. The property has 3512 sq. ft. of buildable land. The northerly lot line is adjacent to a single-family dwelling similarly located in the MII Zone. The easterly lot line abuts the waters of Great Peconic Bay. The southerly lot line is adjacent to a larger property currently serving as a boat yard also located within the MII Zone. The westerly lot line lies along First(I") Street. A large portion of the property is located in FEMA flood zone VE el 8, with almost all of the rest of the property located in FEMA flood zone AE el 6. BASIS OF APPLICATION: This is a request under Section 280-146D for an Interpretation of the Town Code,Article III, Section 280-14 (Bulk Schedule), and Section 56, and Bulk Schedule 280 Attachment 3 appealing the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14,2014, revised September 17, 2014 Notice of Disapproval for a building permit for partial demolition,reconstruction, additions and alterations to an existing single family dwelling,at; 1)more than the code permitted 2 stories. Page 2 of 3—November 6,2014 ZBA#6789—Grella/Osborn SCTM#1000-117-7-30 RELIEF REQUESTED: The applicant requests an interpretation of Town Zoning Code Section 280-14, Bulk Schedule 280 Attachment 4, and Section 56, Bulk Schedule 280 Attachment 3 to determine whether the piling structural foundation with non-habitable ground level space required for FEMA compliant building construction shall be considered a first story, as defined by the provisions of the Southold Town Code, and that limit a principal structure (residential and/or commercial) to 2 stories in specified Zones and to 2.5 stories in other specified Zones that contain properties lying within designated flood hazard areas. BACKGROUND INFORMATION% The file contains a document published Dec. 19, 2013 by the NYS Dept. of State, Division of Building Standards and Codes, and designated as a Uniform Fire Prevention and Building Code Technical Bulletin titled"Determination of Stories Above Grade in elevated One-and Two-Family Dwellings in Flood Zone Hazard Areas". This bulletin was reviewed in its entirety by the Southold ZBA during the development of this Southold Town Zoning Code interpretation. As is stated in the subject document, "the purpose of this Technical Bulletin is to assist the Code Enforcement Official ("CEO") in determining the number of stories above grade in(1)a new one-or-two-family dwelling in which the lowest floor has been elevated in order to comply with the flood-resistant construction requirements of the Residential Code of New York State(the"2010 RCNYS")and(2)an existing one-or- two-family dwelling that has been elevated in order to comply with the flood-resistant construction requirements of the 2010 RCNYS". Thus,the Bulletin is a tool to be used by the Building department to exclusively determine whether the installation of a fire suppression system is required for public safety purposes. The Bulletin is not to be used for determining stories for any other purpose. In fact,the Bulletin clearly states: "the number of`stories above grade' in a particular dwelling, as determined pursuant to the guidance provided in this Technical Bulletin, should be used solely for the purposes of the Uniform Code, i.e., solely for the purpose of determining(1)whether the dwelling is subject to the RCNYS or the Building Code of New York State(the`RCNYS")and(2)whether any particular provision of the RCNYS or BCNYS applies to that dwelling. To the extent that any law other than the Uniform Code(e.g., any local zoning ordinance)requires determination of the number of stories(or stories above grade)of a building, such determination should be made in accordance with the provisions of such other law,and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin". In accordance with the above,the ZBA will make its interpretation solely on the basis of the relevant Southold Town Code. FINDINGS OF FACT/DETERMINATION: The Zoning Board of Appeals held public hearings on this application on September 4, 2014, and on October 2, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. A single family dwelling is a permitted structure within the MII Zone. 2. Southold Town Zoning Code Section 280-56 and Bulk schedule 280 Attachment 4 limits all principal structures in the MII Zone(and the HB, GB,MI,LIO, and LI District Zones)to a maximum of(2)stories. 3. Southold Town Zoning Code Section 280-14 and Bulk Schedule 280 Attachment 3 limits all principal structures in the AC,R40,R80, R120, R200, R400, HD, RR, RO, and LB District Zones to 2.5 stories. 4. The type of structure subject to this interpretation will contain no cellar or basement space as those terms are defined as cellar or basement in Town Code. Page 3 of 3—November 6,2014 ZBA#6789—Grella/Osborn SCTM#1000-117-7-30 5. The type of structure subject to this interpretation will be elevated on pilings, possibly with a concrete slab floor at the grade level. The pilings will constitute the structural foundation of the structure. 6. The type of structure subject to this interpretation will be located in areas where the structure has to be elevated on pilings so to render the structure FEMA flood zone compliant. 7. A story is defined in Southold Town Zoning Code as"that part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor,or if there is no higher finished floor,then that part of the building comprised between the level of the highest finished floor and the top of the roof beams". 8. A "finished floor"is not specifically defined in Southold Town Code. DETERMINATION Based upon the FINDINGS OF FACT cited above, and the definition of a story in the Southold Town Code,the Zoning Board of Appeals hereby makes the following interpretation of the code: 1. A floor is not a"finished floor"when it is constructed at grade with a concrete slab floor,as the bottom of an unconditioned non-habitable space of a structure that is located within a designated flood zone, and that is required to be elevated on pilings in order to be compliant with FEMA regulations. 2. When an existing or proposed new structure is/will be located within a designated flood zone and therefore must be elevated on pilings for FEMA compliant building construction,the space created by the pilings foundation shall not be considered a"story" so long as it is non- habitable/unconditioned,unenclosed, or if enclosed with either breakaway walls or lattice. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman(Chairperson), and duly carried,to To APPROVE the DETERMINATION. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer. This Resolution was duly adopted(5-0). C n _//4 &446J/� Le lie Kanes Weisman, Chairperson Approved for filing// //,0 /2014 FORM NO. 3 RE IVE b� TOWN OF SOUTHOLD AUG 2014 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD 0 NOTICE OF DISAPPROVAL DATE: August 7, 2013 AMEDED&RENEWED:May 19, 2014 AMENDED: June 2, 2014 AMENDED: July 14, 2014 TO: Suffolk Environmental(Grella) 2322 Montauk Hwy. Bridgehampton,NY 11932 Please take notice that your application dated July 31, 2013 For permit to partially demolish, reconstruct, and make additions and alterations to an existing single family dwelling at Location of property: 1200 First Street,New Suffolk,NY County Tax Map No. 1000 -Section 117 Block 7 Lot 30 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 3621 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that lots measuring less than 20,000 square feet in total size require a minimum front ,yard setback of 35 feet, a minimum rear yard setback of 35 feet, a single side Yard setback of 10 feet, a minimum combined side yard setback is 25 feet, and a maximum lot coverage of 20 percent. The proposed construction notes a front yard setback of 3 feet, a rear yard setback of 25 feet, a single side yard setback of 2.7 feet, a combined side yard setback of 13 feet, and a total lot coverage of 38.2 percent. In addition, the construction is not permitted pursuant to Article XXII Section 280-116B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75)feet from the bulkhead." The proposed construction notes a setback of 21 feet to the existing bulkhead. Furthermore the construction is not permitted pursuant to A Section 280-13 which limits a sin le family dwelling to 2 % stories. The proposed construct n result ' a th' tory. Authors ure This Notice of Disapproval was amended on May 19, 2014 following amendments made by the applicant. This Notice of Disapproval was,further amended on June 2, 2014 to address lot coverage following a new survey submission made by the applicant. This Notice of Disapproval was also amended on July 14, 2014 to address the need_for a third story variance. Cc: File, ZBA APPLICATION TO THE SOUTHOLD TOWN BOAIII�F APPEALS For Office Use Only e Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: House No.1200 Street First Street Hamlet New Suffolk ZO%IOG gOPPRD OF APP SCTM 1000 Section117 Block 7 Lot(s)30 Lot Size 3621 s. E Zone R40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: May 19,2014 BASED ON MAP DATED ME 28,2014. Applicant/Owner(s): William F.Grella and Gary D.Osborne MailingAddress:327 West 3e Street,Apt.#4E,New York,NY 10001 Telephone: 212-563-7150 Fax#: Email: gar-00oliverandadelaide.com NOTE: In addition to the above,please complete below if application is signed by applicant'attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents. Name of Representative: Bruce A.Anderson—Suffolk Environmental Consulting,Ipc. for( ) Owner,or( ) Other: Agent's Address: P. O. Box 2003,Bridgehampton,NY 11032 Telephone: 631-537-5160 Fax#: 631-537-5291 Email: brucenasuffolkenvironmental.com Please check box to speck who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or ®Authorized Representative,or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5-28-14 and DENIED AN APPLICATION DATED July 14,2014 FOR: ® Building 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 Ordinance by numbers. Do not quote the code.) ArticleXXIII Section 280- 13,124 and 116 Subsection B Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ®Interpretation of the Town Code,Article 280 Section 13 ❑Reversal or Other A prior appeal❑ has,® has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our officefor assistance.) Name of Owner: ZBA File# RECEIVED AUG 4 ` 2014 REASONS FOR APPEAL Ladditional sheets may be used with preparer's signature): AREA VARIANCE REASONS: ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The existing house would be raised to protect against future storms. Therefore,there would be no change to character if the neighborhood (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The existing dwelling sits on a pre-existing non-conforming lot having pre-existing non-conforming front yard setback,side yard setback,total side yard setback,rear yard setback,lot coverage and bulkhead setback. Accordingly,there is no alternative means for elevating the dwelling that would result in setback and coverage compliance. (3) The amount of relief requested is not substantial because: In relation to the existing setbacks,no change in the existing setback condition would result. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The raised dwelling would comply with FEMA requirements, and the property would be improved by the construction of a new septic system and also be installation of stormwater control measures compliant with existing Town Code requirements. In addition,total coverage would be reduced due to the removal of the rear deck and removal of a stone and concrete retaining wall (Planter)encroaching onto the street right of way. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. (6) A request for interpretation as to whether or not the ground level parking area constitutes a floor for purposes of zoning is hereby made. Are there Covenants and Restrictions concerning this land: ® No. ❑ Yes (please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( )IFA USE VARIANCE IS BEING REQUEST D AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (PI a sure co our attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn t before vie this ($i day of 20--d _. Notary%blic Matthew D. lvans iKiotar\' ili;b is of New York No. 01 iv,/6053359 Quali`ied in Suffolk County Commission Expires January 22, 201S R V� ' Sink Environmental ConsultingInc. /rf ewman Village, Suite E, 2322 Main Street,P.O. Box 2003,Bridgehampton, New York 11932-2003 631 537-5160 Fax: 631 537-5291 rson, M.S.,President October 7, 2014 '3 s. Leslie Weisman, Chairperson RECEIVED�7 Southold Town Zoning Board of Appeals �� () 1 P.O. Box 1179 �',1 Southold, NY, 11971 BOARD OF APPEALS Re: GRELLA/OSBORNE Property Situate: 1200 First Street, New Suffolk, NY SCTM#: 1000—117—7-30 Dear Chairperson Weisman, As you know, at the close of yesterday's hearing concerning the application referenced above, you requested that I provide a brief statement summarizing our arguments as they pertain to the interpretation of what the applicants believe should and should not be construed as a story. Our summary argument is as follows: §280-4 of the Town's zoning code defines a story as "that part of a building, exclusive of cellars but inclusive of basements, comprised between the level of one finish floor and the level of the next highest finish floor...." The architectural plans before you prepared by Frank Falino,Architect depict the dwelling to be raised on piles as required in the FEMA velocity zone in which the property lies. The plans depict perimeter breakaway walls and an at-grade slab. The enclosed at-grade slab would be used for parking and does not constitute a basement and is unfinished (not habitable, not heated). The New York State Department of State Division of Building Standards and Codes Technical Bulletin dated December 19, 2013 (hereinafter, "State Technical Bulletin") defines the lowest floor of a building as "the floor of the lowest enclosed area including basement, but excluding any unfinished flood resistant enclosure that is usable solely for vehicle parking, building access or limited storage..." (Emphasis added). For the purposes of determining the number of stories above grade in a dwelling which has been elevated on perimeter foundation walls or an"open"foundation system to comply with FEMA Codes,the space enclosed by the perimeter foundation walls or breakaway walls should be considered to be a portion of the building(and,accordingly,should be considered to be a story above grade) if the height the finished surface of the first floor above is: 1. more than 6 feet above grade plane of the space below, The term grade plane is defined as"a reference plane representing the average of the finished ground level adjoining the building at all exterior walls or piers. Where the finished ground level slopes away from the exterior walls,the reference plane shall be established by the average lowest points taken no more than 6 feet from the building.See Section 202 of the 2010 RCNYS. 2. More than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and/or 3. More than 12 feet above the finished ground level at any point. Importantly,the State Technical Bulletin states "to the extent that any law other than the uniform code(e. g., any local zoning ordinance)requires determination of the number of stories (or stories above grade)of a building,such determination should be made in accordance with the provisions of such other law, and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin." (Emphasis added). Accordingly, it is the position of the applicants that the enclosed at-grade, unfinished, unheated space created by the perimeter breakaway walls should not be construed as a "story"for purposes of zoning. The applicant acknowledges that their proposed design which incorporates breakaway walls around the perimeter of the of the pile foundation will result in the requirement that fire suppression, by way of a sprinkler system, be installed throughout the entirety of the structure as required by the State Technical Bulletin. Yours truly, RECEIVED OCT 0 7 21!';4 Bruce.A. Anderson BOARD OF APPEALS Cc. W. Grella G. Osborne J. Fischetti F. Falino NmYoftKSTATt NEW YORK STATE DEPARTMENT OF STATE Division of Building Standards and Codes One Commerce Plaza -99 Washington Ave r�� Albany, NY 12231 l� T'Al�TivtCNT Phone:(518)4744073 Fax:(518)486 4487 r STATE www.dos.nv.gov Email:info@dos.nv.gov STANDARDS AND CODES December 19, 2013 Uniform Fire Prevention and Building Code TECHNICAL BULLETIN Determination of Stories Above Grade in Elevated One- and Two-Family Dwellings in Flood Hazard Areas The purpose of this Technical Bulletin is to assist the Code Enforcement Official ("CEO") in determining the number of stories above grade in (1) a new one- or two-family dwelling in which the lowest floor has been elevated in order to comply with the flood-resistant construction requirements of the Residential Code of New York State (the "2010 RCNYS") and (2) an existing one- or two-family dwelling that has been elevated in order to comply with the flood-resistant construction requirements of the 2010 RCNYS.' One- and two-family dwellings having not more than three stories above grade are subject to the 2010 edition of the Residential Code of New York State (the "2010 RCNYS"). A new one- or two-family dwelling constructed in a flood hazard area.z must be designed and constructed in accordance with the flood-resistant construction provisions contained in Section R324 of the 2010 RCNYS. Similarly, when an existing one- or two-family dwelling located in a flood hazard area is repaired, altered or relocated'.3 and such repair, alteration or relocation constitutes a substantial 1 NOTE: The term "stories above grade" is defined and used in the 2010 RCNYS and in other the publications that make up the State Uniform Fire Prevention and Building Code (the "Uniform Code"). The number of"stories above grade" in a particular dwelling,as determined pursuant to the guidance provided in this Technical Bulletin, should be used solely for the purposes of the Uniform Code, i.e., solely for the purpose of determining(1)whether the dwelling is subject to the RCNYS or the Building Code of New York State(the`RCNYS") and (2)whether any particular provision of the RCNYS or BCNYS applies to that dwelling. To the extent that any law other than the Uniform Code(e.g.,any local zoning ordinance)requires determination of the number of stories (or stories above grade) of a building, such determination should be made in accordance with the provisions of such other law, and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin. In particular, but not by way of limitation, to the extent that the number of stories (or stories above grade) of a dwelling is used by a local assessor in determining the assessed value of the dwelling, the assessor should determine the number of stories (or stories above grade) of that dwelling in accordance with the applicable provisions of the Real Property Tax Law and the rules and regulations promulgated pursuant to the Real Property Tax Law, and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin. Z The "flood hazard areas" within a local government (city, town or village) are defined on the flood hazard map adopted by the local government. If a local government has adopted the currently effective Flood Insurance Rate Map ("FIRM") as its flood hazard map,the flood hazard areas will be the areas within a flood plain subject to a 1-percent or greater chance of flooding in any year,as shown on the FIRM. If the local government has adopted a more stringent map as its flood hazard map, the flood hazard areas will be as shown on that alternative flood hazard map. 3 The term "repair" is defined as "the restoration to good or sound condition of any part of an existing building for the purpose of its maintenance." The term"addition"is defined as"an extension or increase in floor area, number of stories, or height of a building or structure." The term "alteration" is defined as "any 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas improvement,° the building must comply with the flood-resistant construction requirements specified in Section R324 of the 2010 RCNYS. In many cases, compliance with the applicable flood-resistant construction provisions of the 2010 RCNYS will require elevation of the "lowest floor" of the one- or two-family dwellings . Elevation of the one- or two-family dwelling to comply with the flood-resistant construction requirements may have additional consequences. For example, the 2010 RCNYS requires a sprinkler system in a one-or two-family dwelling having three stories above grade, but not in a one- or two-family dwelling having one or two stories above grade. See 2010 RCNYS Section R313.5. Depending on the circumstances of a particular case, elevating an existing one- or two-family dwelling to comply with the flood-resistant construction provisions of the 2010 RCNYS could cause a one-or two-family dwelling that formerly had two stories above grade to have three stories above grade, triggering the need to install a sprinkler system in the dwelling.b The distinction made in the 2010 RCNYS between one- and two-family dwellings having three stories above grade (which are required to have sprinklers) and one- and two-family dwellings having one or two stories above grade (which are not required to have sprinklers) appears to reflect a determination by the State Fire Prevention and Building Code Council (the "Code Council") that the extra protection afforded by a sprinkler system is required when (1) occupants may need to descend two full flights of stairs to escape a fire, first responders may need to ascend two full flights of stairs to reach occupants needing assistance during a fire, and (2)the dwelling has three levels of enclosed space, each of which may contain combustible construction materials and/or combustible contents (furniture, etc.)that may increase the intensity of a fire. However,to more fully understand the distinction made between one-and two-family dwellings having three stories above grade (which are required to have sprinklers) and one- and two-family dwellings having one or two stories above grade (which are not required to have sprinklers) and, one must also consider the circumstances under which a basement can be considered to be a story above construction or renovation to an existing structure other than repair or addition." (Alterations are classified as Level 1 and Level 2.) The term "relocation" is defined as relocating a building or structure from its existing foundation to a new foundation. ° The term"substantial improvement" is defined as"any repair,alteration, addition or improvement of a building or structure,the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage,any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the code official and that is the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure." 5 The "lowest floor" of a building is "the floor of the lowest enclosed area, including basement, but excluding any unfinished flood-resistant enclosure that is useable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the building or structure in violation of this section." See Section R324.1.4 of the 2010 RCNYS. 6 In other situations, elevating a one- or two-family dwelling to comply with the flood-resistant construction requirements could cause a one-or two-family dwelling that formerly had three stories above grade to have four stories above grade,triggering the need to comply with the 2010 edition of the Building Code of New York State(the"2010 BCNYS")rather than the 2010 RCNYS. 2 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas grade. The term story above grade is defined as "any story having its finished floor surface entirely above grade . . . ... and the term basement is defined as "that portion of a building that is partly or completely below grade." .' See Section 202 of the 2010 RCNYS. Therefore, as a general rule, a basement cannot be a story above grade. However, the definition of story above grade includes an exception (hereinafter referred to as the"basement exception")which provides that a basement will be deemed to be a story above grade if any one or more of the following conditions is satisfied: • the finished surface of the floor above the basement is more than 6 feet above grade plane,$ • the finished surface of the floor above the basement is more than 6 feet above the finished ground level for more than SO percent of the total building perimeter,and/or • the finished surface of the floor above the basement is more than 12 feet above the finished ground level at any point. Thus,a basement can satisfy at least one of those conditions,and be deemed to be a story above grade, if the finished surface of the floor above the basement is as little as 6 feet above the finished ground level.? A one-or two-family dwelling having two stories above such a basement will be deemed to have three stories above grade and, accordingly, will be required to have sprinklers. Therefore, it is more correct to say that the distinction made in the 2010 RCNYS between one- and two-family dwellings having three stories above grade (which are required to have sprinklers) and one- and two-family dwellings having one or two stories above grade (which are not required to have sprinklers) appears to reflect a determination by the Code Council that the extra protection afforded by a sprinkler system is required when: • occupants may need to descend two full flights of stairs (or almost two full flights of stairs) to escape a fire, • first responders may need to ascend two full flights of stairs (or almost two full flights of stairs) to reach occupants needing assistance during a fire,and • the dwelling has three levels of enclosed space, each of which may contain combustible construction materials and/or combustible contents (furniture, etc.) that may increase the intensity of a fire. The term grade is defined as"the finished ground level adjoining the building at all exterior walls." 8 The term grade plane is defined as "a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls,the reference plane shall be established by the lowest points within the area between the building and the lot line or,where the lot line is more than 6 feet(1829 mm)from the building between the structure and a point 6 feet(1829 mm)from the building." See Section 202 of the 2010 RCNYS. 9 Indeed,in a case where the finished ground level slopes away from the exterior walls,the ground plane will be determined by the lowest points lying as much as 6 feet away from the building;in such a case,a basement may be deemed to be a story above grade even if the finished surface of the floor above the basement is less than 6 feet above the finished ground level at the exterior walls of the building. 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas One-and Two-Family Dwellings with Basements In some cases, a one- or two-family dwelling that has been elevated to comply with the flood-resistant construction requirements of the Uniform Code may still have a basement.lo 11 This portion of this Technical Bulletin will discuss the factors that will determine if the basement in such a one-or two-family dwelling must count as a story above grade. Example 1: One- or two-family dwelling with a basement and two stories above the basement, where none of the conditions stated in the"basement exception" is satisfied. In the case of a one- or two-family dwelling with a basement and two stories above the basement, where none of the conditions stated in the "basement exception" in the definition of story above grade is satisfied, the dwelling be deemed to have only two stories above grade. Such a dwelling will have three levels of enclosed space, each of which may contain construction materials and/or contents that could increase the intensity of a fire. However, occupants of such a dwelling will not need to descend two full flights of stairs(or almost two full flights of stairs)to escape a fire,and first responders will not need to ascend two full flights of stairs (or almost two full flights of stairs) to reach occupants needing assistance during a fire. Accordingly, such a dwelling will not be required to have a sprinkler system. Example 2: One- or two-family dwelling with a basement and two stories above the basement, where at least one of the conditions stated in the"basement exception"is satisfied. In the case of a one- or two-family dwelling with a basement and two stories above the basement,where at least one of the conditions stated in the "basement exception" of the definition of story above grade is satisfied, the basement will be deemed to be a story above grade, and the dwelling will be deemed to have three stories above grade. As is true in the case of the one- or two-family dwelling described in Example 1 above,the dwelling described in this Example 2 will have three levels of enclosed space, each of which may contain combustible construction materials and/or combustible contents that could increase the intensity of a fire. In addition,occupants of the dwelling described in this Example 2 may need to descend almost two full flights of stairs (one full flight of stairs from the 10 in many cases,the flood-resistant construction provisions of the 2010 RCNYS require the"lowest level" of a one-or two-family dwelling to be elevated to two feet above the"design flood elevation." In general, the "design flood elevation" is determined using the flood hazard map adopted by the local government in which the site is located. it appears that the "design flood elevation" at a given point may be below the grade (i.e., the finished ground level adjoining the building)level at that point. Therefore,it appears that a space that is elevated 2 feet above the"design flood elevation" may be below grade or partly below grade(i.e., may be a basement,as defined in the 2010 RCNYS). In addition, for the purposes of the flood-resistant construction provisions of the 2010 RCNYS, an "unfinished flood-resistant enclosure that is useable solely for vehicle parking, building access or limited storage" is not considered to be the "lowest level" of a building, and such an unfinished flood-resistant enclosure may be located below the"design flood elevation." In many cases,such an unfinished flood-resistant enclosure will be a basement for the purposes of the 2010 RCNYS. 11 The homeowner and the CEO should be sure that including a basement(as defined in the 2010 RCNYS) in a one-or two-family dwelling located in a flood hazard area does not violate any requirements applicable to the National Flood Insurance Program (NFIP). It should be noted that FEMA's publication entitled Foundation Requirements and Recommendations for Elevated Homes (Hurricane Sandy Recovery Fact Sheet), dated May 2013, states that basements are not permitted, and all existing below-grade areas must be backfilled to or above the adjacent ground surface,for dwellings located in Zone A and Zone V. 4 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas second above-basement story to the first above-basement story, and a significant additional vertical distance [typically, 6 feet or more] from the first above-basement story to grade level) to escape a fire, and first responders may need to ascend almost two full flights of stairs to reach occupants needing assistance during afire. Accordingly,such a dwelling will be required to have a sprinkler system. One-and Two-Family Dwellings which have no Basements and which have been elevated on perimeter foundations walls or on"open"foundation systems In many cases, a one- or two-family dwelling that has been elevated to comply with the flood-resistant construction requirements of the Uniform Code will not have a basement. Instead,the first level of the dwelling will be entirely above grade, elevated on perimeter foundations walls or on an "open" foundation system comprised of piers, pilings, or columns. This portion of this Technical Bulletin will discuss the factors that will determine when the space between the bottom of the floor joists and the earth under such a dwelling must count as a story above grade. For a dwelling that is elevated entirely above grade, the question is, essentially, this: for the purposes of determining the number of stories above grade, under what circumstances will the space within the perimeter foundation walls or the"open"foundation system be deemed to be a story and,accordingly, be deemed to be one of the stories above grade? Section 202 of the 2010 RCNYS defines the term "story" as "(t)hat portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above" (emphasis added). Therefore,a space must be a portion of a building in order to be a story. The term portion of a building is not defined in the 2010 RCNYS. In cases where a term is used, but not defined, in the Uniform Code, the term should be construed as having its 'ordinarily accepted meaning such as the context implies" (2010 RCNYS Section R201.4,emphasis added). The phrase"such as the context implies" indicates that a term that is used but not expressly defined in the Uniform Code should be construed in light of the purposes sought to be achieved by the Uniform Code provision(s) in which that term is used. The "basement exception" in the definition of story above grade does not apply to a level that is not a basement (i.e., to a level that is entirely above grade). However, in the opinion of the Department of State,the "basement exception"in the definition of story above grade provides guidance on how the phrase portion of a building should be construed for the purpose of determining if the area between the piers, pilings, or columns of an open foundation system should be considered to be a story (and a story above grade). This will be illustrated in the examples set forth below. 5 4_ 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas Example 3: One- or two-family dwelling which (1) has no basement; (2) has been elevated on perimeter foundation walls or on an "open"foundation system consisting of piles piers or columns; and (3) has two stories above the perimeter foundation walls or "open" foundation system, where the finished surface of the floor above the perimeter foundation walls or "open" foundation system is not more than 6 feet above grade plane, not more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and not more than 12 feet above the finished ground level at any point.12 Consider a one-or two-family dwelling which (1) has no basement, (2) is elevated on perimeter foundation walls or on an "open" foundation system consisting of piles, piers or columns; and (3) has two stories above the perimeter foundation walls or "open" foundation system, where the finished surface of the floor above the perimeter foundation walls or"open"foundation system is not more than 6 feet above grade plane, not more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and not more than 12 feet above the finished ground level at any point. Occupants of such a dwelling will not be required to descend two full flights of stairs (or almost two flights of stairs) to escape a fire. First responders will not be required to ascend two full flights of stairs (or almost two full flights of stairs) to reach an occupant who needs assistance during a fire. Where the dwelling is elevated on an "open" foundation system consisting of piles, piers or columns,there will be only two levels of enclosed space with combustible materials and/or combustible contents that may contribute to the intensity of a fire. Even where the dwelling is elevated on perimeter walls, with some combustible construction materials (and, perhaps, some combustible contents) located in the area enclosed by the perimeter walls,there will be less than three full levels of enclosed space with combustible materials and/or contents that may contribute to the intensity of a fire. Therefore, in terms of the fire safety-related concerns described at page 3 of this Technical Bulletin, a dwelling described in this Example 3 is at least as safe, and probably more safe, than a dwelling that has a basement and two stories above the basement,where none of the conditions stated in the "basement exception"in the definition of story above grade is satisfied (Example 1 above). This, in turn, indicates that for the purposes of determining the number of stories above grade in a one-or two-family dwelling which has no basement but which has been elevated on perimeter foundation walls or on an "open"foundation system consisting of piles, piers or columns,the space within the perimeter foundation walls or"open"foundation system should not be considered to be a portion of the building (and, accordingly, should not be considered to be a story or a story above grade) if the height of the piers, pilings, or columns of the open foundation system,the topography of the lot,and the elevation of the finished surface of the first floor above the foundation system are such that the finished surface of the floor above the piers, pilings,or columns of the open foundation system is • not more than 6 feet above grade plane, • not more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and • not more than 12 feet above the finished ground level at any point. 1 2 Note that (1) enclosed areas below elevated buildings can be used only for parking, building access, and storage; (2) perimeter foundation walls cannot be used in Zone V; and (3)where perimeter foundation walls are permitted (e.g., in Zone A), the walls must have flood openings that allow floodwaters automatically to equalize during a flood event. 6 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas Example 4: One- or two-family dwelling which (1) has no basement; (2) has been elevated on perimeter foundation walls; and (3) has two stories above the perimeter foundation walls, where the finished surface of the floor above the perimeter foundation walls is more than 6 feet above grade plane, and/or is more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and/or is more than 12 feet above the finished ground level at any point.13 Next, consider a one- or two-family dwelling which (1) has no basement, (2) is elevated on perimeter foundation walls; and (3) has two stories above the perimeter foundation walls, where the finished surface of the floor above the perimeter foundation walls is more than 6 feet above grade plane, and/or is more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and/or is more than 12 feet above the finished ground level at any point. Occupants of such a dwelling may be required to descend almost two flights of stairs to escape a fire. First responders may be required to ascend almost two full flights of stairs to reach an occupant who needs assistance during a fire. In addition, because the dwelling is elevated on perimeter foundation walls, creating an enclosed space, and because some combustible construction materials (and, perhaps, some combustible contents) may be located in the space enclosed by the perimeter foundation walls, the dwelling will include almost three full levels of enclosed space with combustible materials and/or contents that may contribute to the intensity of a fire. Therefore, in terms of the fire safety-related concerns described at page 3 of this Technical Bulletin, the dwelling described in this Example 4 is substantially similar to the dwelling described in Example 2 above (i.e., a dwelling that has a basement and two stories above the basement, where at least one of the conditions stated in the "basement exception" in the definition of story above grade is satisfied). This, in turn, indicates that for the purposes of determining the number of stories above grade in a dwelling which has no basement and which has been elevated on perimeter foundation walls, the space enclosed by the perimeter foundation walls should be considered to be a portion of the building (and, accordingly, should be considered to be a story above grade) if the height of the perimeter foundation walls,the topography of the lot, and the elevation of the finished surface of the first floor above the perimeter foundation walls are such that the finished surface of the floor above the perimeter foundation walls is • more than 6 feet above grade plane, • more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter,and/or • more than 12 feet above the finished ground level at any point. 13 Note that (1) enclosed areas below elevated buildings can be used only for parking, building access, and storage; (2) perimeter foundation walls cannot be used in Zone V; and (3) where perimeter foundation walls are permitted (e.g., in Zone A), the walls must have flood openings that allow floodwaters automatically to equalize during a flood event. 7 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas Example 5: One- or two-family dwelling which (1) has no basement; (2) has been elevated on an "open" foundation system consisting of piles piers or columns; (3) has the "open" foundation system enclosed by non-supporting breakaway walls open-wood lattice work,insect screening,or other material intended to collapse under wind or flood loads; and (4) has two stories above the"open"foundation system where the finished surface of the floor above the "open"foundation system is more than 6 feet above grade plane and/or is more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and/or is more than 12 feet above the finished ground level at any point.14 Next, consider a one- or two-family dwelling which (1) has no basement; (2) is elevated on an "open" foundation system consisting of piles, peers or columns; (3) has the "open" foundation system enclosed by non-supporting breakaway walls, open-wood lattice work, insect screening, or other material intended to collapse under wind or flood loads; and (4) has two stories above the "open" foundation system,where the finished surface of the floor above the perimeter foundation walls is more than 6 feet above grade plane,and/or is more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter, and/or is more than 12 feet above the finished ground level at any point. Occupants of such a dwelling may be required to descend almost two flights of stairs to escape a fire. First responders may be required to ascend almost two full flights of stairs to reach an occupant who needs assistance during a fire. In addition, because the dwelling is elevated on a foundation system that is enclosed in some fashion (albeit by walls or other materials that are less substantial than the perimeter foundation walls used to elevate the dwelling described in Example 4 above), and because some combustible construction materials (and, perhaps, some combustible contents) may be located in this enclosed space, the dwelling will include almost three full levels of enclosed space with combustible materials and/or contents that may contribute to the intensity of a fire. Therefore, in terms of the fire safety-related concerns described at page 3 of this Technical Bulletin, a dwelling described in this Example 5 is substantially similar to the dwellings described in Example 2 and Example 4 above. This, in turn, indicates that for the purposes of determining the number of stories above grade in a dwelling which has no basement, which has been elevated on an "open" foundation system, and which has had the "open" foundation system enclosed by breakaway walls, open-wood lattice work, insect screening, or other material intended to collapse under wind or flood loads, the space enclosed by the breakaway walls, open-wood lattice work, insect screening, or other material should be considered to be a portion of the building (and, accordingly, should be considered to be a story above grade) if the height of the "open" foundation system,the topography of the lot, and the elevation of the finished surface of the first floor above the "open" foundation system are such that the finished surface of the floor above the'open"foundation system is • more than 6 feet above grade plane, • more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter,and/or • more than 12 feet above the finished ground level at any point. 14 Note that enclosed areas below elevated buildings can be used only for parking, building access, and storage. 8 12/19/2013 TECHNICAL BULLETIN-Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas Example 6: One- or two-family dwelling which (1) has no basement; (2) has been elevated on an "open" foundation system consisting of piles, piers or columns; (3) does not have the "open" foundation system enclosed by non-supporting breakaway walls, open-wood lattice work, insect screening, or other material; and (4) has two stories above the "open" foundation system, where the finished surface of the floor above the "open" foundation system is more than 6 feet above grade plane, and/or is more than 6 feet above the finished ground level for more than 50 percent of the total building perimeter,and/or is more than 12 feet above the finished ground level at any point. Finally, consider a dwelling that is similar to the dwelling described in Example 5 above, but where the piers, pilings, or columns of the "open" foundation system are not enclosed. Occupants of such a dwelling may be required to descend almost two flights of stairs to escape a fire. First responders may be required to ascend almost two full flights of stairs to reach an occupant who needs assistance during a fire. However, because the piers, pilings, or columns of the "open" foundation system are not enclosed, there will be only two levels of enclosed space with combustible materials and/or contents that may contribute to the intensity of a fire. On the other hand,the unenclosed area of the "open" foundation system will typically be at least 6 feet high, and may be capable of being used by the homeowner at some point for parking vehicles,storing items, and other activities. Therefore,in terms of the fire safety-related concerns described at page 3 of this Technical Bulletin, the dwelling described in this Example 6 is somewhat more dangerous than the dwelling described in Example 3 above, but somewhat less dangerous that the dwellings described in Examples 4 and 5 above. This, in turn, indicates that the CEO must exercise judgment in determining if the unenclosed space of the "open"foundation system could be used for parking,storage,or other activities that could contribute to the intensity of a fire and, if so, if the degree and nature of the potential uses warrant designating that space as a portion of the building (and, accordingly, as a story and a story above grade). The Department of State recommends that in any case where the CEO determines that the space of the "open" foundation system under a dwelling of the type described in this Example 6 is not a portion of the building(and,accordingly, is not story and a story above grade),that the Certificate of Occupancy for a dwelling include a condition forbidding use of the space between the piers, pilings, or columns of the "open"foundation system for parking,storage,or any other use. Caution Against"Bending" Elevation Requirements. It is true that elevating a new dwelling (or an existing dwelling that is undergoing a "substantial improvement") may, in certain cases, trigger the RCNYS's sprinkler requirement, or even remove the dwelling from the RCNYS and make it subject to the BCNYS. However, local governments and homeowners should avoid giving in to any temptation to "bend" the elevation requirements to avoid those consequences. Local governments should be aware that failure to enforce the elevation requirements is a violation their obligation to administer and enforce the Uniform Code. In addition, failure to enforce the elevation requirements could jeopardize the local government's eligibility to participate in the National Flood Insurance Program. Homeowners should be aware that flood insurance premiums are based, in substantial part, on the elevation of the "lowest level" of the building relative to the "base flood elevation" as determined 9 5 � 12/19/2013 TECHNICAL BULLETIN -Determination of Stories Above Grade in Elevated Dwellings in Flood Hazard Areas from the community's FIRM, as in effect at any given time. In most cases, failure to elevate a building sufficiently will result in higher flood insurance premiums. Further, in many cases, the currently effective FIRM in a community may be significantly out of date; when that FIRM is updated to reflect more current flood data, a building that has not been elevated to the height indicated on the updated FIRM could see an enormous increase in flood insurance premiums. For this reason, a homeowner may wish to consider determining is FEMA has issued an advisory flood elevation map (ABFE map) or other interim product showing updated flood hazard areas and updated flood elevations for the site where the homeowner's dwelling is located, and voluntarily elevating the dwelling to the height indicated by such updated flood data. More importantly, local governments and homeowners should be aware that failure to comply with the elevation requirements will render buildings in flood hazard areas less resistant to damage from future floods, and will jeopardize the health,safety,and welfare of those who occupy or use those buildings and of the first responders called on to respond to future disasters. 10 * * * RECEIPT * * * Date: 08/06/14 Receipt#: 176270 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6789 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#14477 $300.00 Suffolk, Environmental Consulting Name: Suffolk, Environmental Consulting P O Box 2003 Bridgehampton, NY 11932 Clerk ID: SABRINA Intemal ID:6789 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/5/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6789 Grella, William F. and 14477 $300.00 Osborne, Gary D. AUG - 6 2014 Southold Town Clerk $300.00 By_lc_ Thank you. w 0 0 o��gUfFO(,�-c0 ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERKo= P.O.Box 1179 va 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER 'y� ��' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �( `t►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 8, 2014 RE: Zoning Appeal No. 6789 Transmitted herewith is Zoning Appeals No. 6789 of Bruce A.Anderson for William F. Grella and Gary D. Osborne- The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval from the Building Department Amended July 14, 2014. BOARD MEMBERS 9 Southold Town Hall Leslie Kanes Weisman,Chairperson O���F so Southold 53095 Main Road-P.O.Box 1179 Eric Dantes O Southold,NY 11971-0959 #it of Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��'�otlN�,� ' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 2, 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, OCTOBER 2, 2014: 1:45 P.M. - WILLIAM F. GRELLA and GARY D. OSBORN #6789 - This is a request under Section 280-146D for an Interpretation of the Town Code, Article III, Section 280-14 (Bulk Schedule), appealing the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14, 2014, revised September 17, 2014 Notice of Disapproval building permit for partial demolition, reconstruction, additions and alterations of an existing single family dwelling, at; 1) more than the code permitted 2.5 stories„ located at: 1200 First Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-7-30 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.TothA-Town.South old.ny.us Dated: September 19, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 0 NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GRELLA, WILIAM & OSBORNE , GARY #6789 MAP # 11 7 .-7-30 • VARIANCE INTERPRETATION REQUEST 280-56 BULK SCHEDULE HEIGHT DATE : THURS OCT. 2 , 20111111111 7 :45 P M 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http.- souttitown.northfork.net September 8 , 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, October 2 , 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 September 15th: 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 theletterto 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 September 22nd: .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 September 24St: 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 September 30, 2014. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �7 ? 3 SOUTHOLD,NEW YORK G�7 AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK SUFFOLK ENVIRONMENTAL.CONSULTING,INC. I, L'""`"" '�"�'z"` residing at A0.BOX 2003 New York, being duly sworn, deposes and says that: BRIDGEHAMPTON,NY 11932-2003 On the 15 4-day of Sok--- , 201% I personally mailed at the United States Post.Office in s l,�-��,M-. , New York, by CERTIFIED MAIL', RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners hown on the current assessment roll verified from the official records on file with the(Assessors,or( )County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of:way of record, surrounding the appli t' property. (Signature) Sworn td before me this tc1aY of S� dt'�-. , 20( ! Matthew D. 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RECEIPT (Domestic Mail Only; Provided) rl o •. • N For delivery information visit our website st I 1711- For delivery information visit our website at www.usps.com., _u .mu Postage $ $Q.7Q P POgTR` � Postage $ �0 093'. �G Certified Fee r=I $3 S Certified Fee "� L n C3 Return Receipt Fee P Here ose ark C3 Retum Receipt Fee 9 rk m E3 (Endorsement Required) $4, G C3 (Endorsement Required) o Restricted Delivery Fee n O C3 (Endorsement Required) SQ. SEP 19 2014 m Restricted Delivery Fee � (Endorsement Required) f+ ru �►� m Total Postage&Fees $ #6.ka 09/19/014 .' 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Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 3020 0001 5765 7698 (ftansfdr frlprrhservidd label); PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; -7�3 6 -787 S E NED, R: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ 'Complete items l,'2,and 3 Also complete Item 4 if Restricted Delivery is desired. XAg t ■ Print your name and address on the reverse dressee so that we can return the card to you. eceived by(Prin Name) C Date of Delivery ■ Attach this card to the back of the mailpiece, or on th l ont if space permits. D. 1p",,A ss different from item 1? ❑Yes 1. ArGcl ssed to: G ES-ante ry address below: ❑No gd0 �v lug- 214 y1c�JN� 11�sZLA . f d2fi�d ail O Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑.Yes 2. Article Number �7013 ,30:20 (3�1:],. 5765 7681 i PS,t✓ 1 ;Fepru�y 2004 Domestic Return Recgjpt 102595,02-M-1540 vK - TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK l AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000- COUNTY OF SUFFOLK) SUFFOLK ENVIRONMENTAL CONSULTING,INC. STATE OF NEW YORK) P.0. BOX 2003 BRiDGEHAMPTON,NY 11932-2003 I, y'#A �,t••�._ residing.at New York, being duly sworn, depose and say that: On the /�'l day of �J i _ $ 201 , I personally placed the Town's Official Poster, with the date of hearing and'nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained.in place for seven( )days prior to the .date of the subject hearing date, which hearing date was shown to be 2iub *e C-) (Signature) Sworn to before me this OFIA Day.of 9WZ_, 201 J� r Public Ma .. Ivans y ) Notary Public of New York No. 0M/6053859 - ualified.in Suffolkounty .i Commission Expires January 22, 2OtS * near the entrance or driveway entrance of my property, as the area most visible to passerby. #11884 • STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 25th day of September, 2014. 10•.20 A.M. - DORIS L. WILLS TRUST#b794-Request for Variances from Articles XXIII and XXII,Sections 280-124 and 280-116B,and the Building 7Principal Clerk Inspector's August 4,2014 Notice of Dis- approval based on an application for a LEGAL NOTICE deck addition to an existing single fam- SOUTHOLD TOWN ZONING ily dwelling,at;1)less than the code re- BOARD OF APPEALS quired single side yard setback of 15 feet, THURSDAY OCTOBER 2,2014 2)less than the code required bulkhead PUBLIC HEARINGS I setback of 75 feet,located at:1815 Bay- day of 2014. NOTICE IS HEREBY GIVEN,pur- shore Road(adj.to Pipes Cove)Green- suant to Section 267 of the Town Law port,NY.SCTM#1000-53-4-8 and Town Code Chapter 280 (Zoning), 10:40 A.M. - KYLE MATTHEW Town of Southold,the following public MCHOLS#6795-Request for Variance hearings will be held by the SOUTH- from Article III Section 280-15 and the OLD TOWN ZONING BOARD OF Building Inspector's August 18,2014 No- APPEALS at the Town Hall, 53095 tice of Disapproval based on an applica- UR INA VOLINSKI Main Road, P.O. Box 1179, Southold, tion for building permit for accessory NOTARY PUBLIC-STATE OF NEW YORK OCTOBER York 11971-0959,on THURSDAY in-ground swimming pool,at;partial lo- OCTOBER 2,2014. cation other than the code required rear _ Ido• 01 V06105050 9:45 A.M. - MICHAEL RANSON yard,located at:830 Deerfoot Path Cu- yard, 5) accessory garage proposed in t 145 P-hI•-WI AM F C.RF.i•i.A 7 -(adj.from August 7,2014 PH) tchogue,NY.SGTM#1000-103-4-4 a location other than the front (water- r a,&GARY D. OSBORN(16773 - Re- Request for Variance from Article XXII 11,00 A.M.-RYAN and CHRISTINA I front)or rear yard,located at:8100 In- quest for Variances from Articles XXIII, Section 280-116B and the Building In- I WILSBERG#6796- This is a request than Neck Lane(adj.to Hog Neck Bay) XXII and III,Sections 280-56,280-116B spector's March 17,2014 Notice of Dig- for a Waiver of Merger under Article II, Peconic,NY.SCTM#1000-86-7-9 and 280-14 (Bulk Schedule) and the approval based on an application for Section 280-10A,to unmerge land iden- j140 A,M .NnRTra Fnnrr Building Inspector's August 7, 2013, building permit for"as built"accessory tified as SCTM#1000-122-5-23.4,based lgjT Ty THFA R#679 _Request amended and renewed May 19, 2014, structures (shed/deck), at; l) less than on the Building Inspector's September 2, for Variance from Article X�Section 280- amended June 2, 2014, amended July the code required bulkhead setback of 2014 Notice of Disapproval,which states 46(Bulk Schedule)and the Building In- 14,2014,Amended September 17,2014 75 feet, located at: 8740 Peconic Bay adjoining conforming or nonconform- spector's June 23,2014 Notice of Disap- Notice of Disapproval based on an ap- Boulevard (adj.to Great Peconic Bay) ing lots held in common ownership shall proval based on an application for build- plication for building permit for partial Laurel,NY SCTM#1000-126-5-2.1 merge until the total lot size conforms ing permit for additions and alterations demolition, reconstruction, additions 9•,50 A.M. - DOUGLAS and LEE to the current bulk schedule(minimum to existing theater building, at; 1) less and alterations of an existing single fam- BIVIANO#6760-(adj.from 9/4/14 PH) 40,000 square feet in this R40 Resi- than code required rear yard setback of ily dwelling,at;1)less than the code re- Applicant requests a Special Exception dential Zone District)this lot is merged 25 feet,located at:12700 Sound Avenue quired front yard setback of 35 feet,2) under Article III,Section 280-13B(13). with lot 1000-122-5-23.5,located at:3549 Mattituck,NY.SCTM#1000-141-4-32.4 less than the code required single side The Applicant is the owner requesting and 4095 Ole Jule Lane Mattituck,NY 100 P. . PATRI(�rr o.w D..e.., yard setback of 25 feet,3)less than the authorization to establish an Acces- SCTM#'s1000-122-5-23.4&23.5 WALMN#6790- This is a request for code required combined side yard set- sory Apartment in an accessory struc- 1L•20 AM. - BARBA1t AD MS a Waiver of Merger under Article Il, back of 50 feet,4)more than the code ture, located at: 1125 Pequash Avenue and JAN NICHOLSON fCV) #6 Section 280-10A,to unmerge land iden- permitted maximum lot coverage of (corner Willow Street) Cutchogue,NY. - Request for Variances from Article tified as SCTM#1000-41--l-14,based on 30%,5)less than the code required bulk- SCTM#1000-103-7-20 XXII Section 280-116B and Article the Building Inspector's May 15,2014 head setback of 75 feet,6)more than the 1M10 A.M. - MICHELLE. PELLE•- XXIII Section 280-124 and Section 280- Notice of Disapproval,which states ad- cede permitted 2 stories,located at:1200 TIER #6784 - (Adj. from 9/4/14 PH) 15(F)and the Building Inspector's May joining conforming or nonconforming First Street(adj.to Great Peconic Bay) Request for Variances from Article III 28,2014,amended July 29,2014,amend- lots held in,common ownership shall New Suffolk,NY.SCTM#1000-117-7-30 Section 280-15 and the Building Inspec- ed August 4,2014 Notice of Disapproval i merge until the total tot size conforms IAS RM.-WILLIAM F GRELLA tor's July 18,2014 Notice of Disapproval based on an application for building per- f to the current bulk schedule(minimum and GARY D.OSBORN#6789-This is based 'on an application for building mit for partially demolish and relocate C 40,000 square feet in this R-40 Residen- a request under Section 280-146D for an permit for `as built' accessory sheds an existing single family dwelling as an tial Zone District)this lot is merged with Interpretation of the Town Code,Article and hot tub, at; 1) proposed location accessory building,construct a new sin- lots 1W041.-1-12&15, located at: 105 III,Section 280-14(Balk Schedule),ap- other than the code required rear yard, j gie family dwelling and construct a new Main Street,100 Wilmarth Avenue and pealing the Building Inspector's August 2) 10X10 shed located at less than the t accessory garage,at;l)less than the code 1220 Wilmarth Avenue Greenport,NY. 7,2013,amended and renewed May 19, code required minimum side and rear required setback of 75 feet from the SCTM#'s100041:1-14,15&12 201.4, amended June 2,2014, amended yard setback of 5 feet,located at:53(aka bulkhead,2)less than the code required 120 P.M--DF•Pn_FNTFoou.e�e July 14,2014,revised September 17,2014 350)Osprey Nest Road(comer Harbor front yard setback of 40 feet,3)less than INC#6791-This is a request under Sec- Notice of Disapproval building permit Road) Greenport,NY.SCTM#1000-35- the code required rear yard setback of tion 280-146D for an interpretation of for partial demolition, reconstruction, 6-17 ' 40 feet,4)accessory building in location the Town Code, Article VIII, Section additions and alterations of an existing other than the front(waterfront)or rear 280-38,"Permitted uses",appealing the single family dwelling,at;1)more than Building Inspector's July 28,2014 Notice the code permitted 2.5 stories„located of Disapproval for ,as built"permit to at:1200 First Street(adj.to Great Pecon- convert the single family portion of an is Bay)New Suffolk,NY.SCTM#1000- existing non-conforming fitness club 117-7-30 building to a retail flower shop (not a The Board of Appeals will hear all permitted use),located at:29325 Main pens or their representatives,desiring Road (Depot Lane) Cutchogue, NY. to be heard at each hearing,and/or desir- SCTM#1000-102-2-12.6 ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during•regular business hours and prior to the day of the hearing. If you have questions,please contact our office at,(631) 765-1809,or by email: Vicki. Toth@Town.Southold.ny.us. Dated:September 8,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY.Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O.Box 1179 Southold,NY 11971-0959 11884-17 9/25 3 275 First Street RE�CLVED PO Box 304 New Suffolk, NY 11956 AUG 2 8 2014 JAugust 28, 2014 ZONING BOARD OF APPEALS $v Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road PO Box 1179 Southold, NY 11971-0959 Dear Ms. Weisman, and Board Members, I am writing in response to the letter I received August 20th regarding a request for variances: William F Grella and Gary D. Osborn #6773 at the property, 1200 First Street, New Suffolk, N.Y. This one family house is situated right on the bay. Given the size of the plot, the house's proximity to its neighbor, the street, and the bay, I cannot agree with the expansion of the existing structure and septic system. Sincerely, Arlene Castellano BOARD MEMBERS so Southold Town Hall Leslie Kanes Weisman,Chairperson �0� Ooo o 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer On Q Town Annex/First Floor,Capital One Bank George Horning ro �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider < CnUNTYSouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 4, 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, SEPTEMBER 4, 2014: 9:45 A.M. - WILLIAM F. GRELLA and GARY D. OSBORN #6789 - This is a request under Section 280-146D for an Interpretation of the Town Code, Article III, Section 280-14 (Bulk Schedule), appealing the Building Inspector's August 7, 2013, amended and renewed May 19, 2014, amended June 2, 2014, amended July 14, 2014 Notice of Disapproval building permit for partial demolition, reconstruction, additions and alterations of an existing single family dwelling, at; 1) more than the code permitted 2.5 stories„ located at: 1200 First Street(adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-117-7-30 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: August 11, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 - (63-1) 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: li!Ltp://southtown.nortlifork.net August 11, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, September 4, 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 August 18th: 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 August 25th: 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 August 26th: 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 September 2, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME GRELLA, WILIAM 8 OSBORNE , GARY #6789 MAP # 11 7 .-7-30 • VARIANCE INTERPRETATION REQUEST 280- 14 BULK SCHEDULE HEIGHT DATE : T H URI!51 SEPT. 4, 2014 9 :45 A111''I'litm 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 45\1 #11844 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 28th4 day of August, 2014. LEGALNfrnCE - Principal Clerk SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 4,2014 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and me this day Ofjaf` 2014. Town Code Chapter 280(Zoning),Town 10:10 A.M. - WILLEM KOOYKER of Southold,the following public hearings and JUDITH ANN CORRENTE#6788 will be held by the SOUTHOLD TOWN -Request for Variance from Article NMI ZONING BOARD OF APPEALS at the Section 280-116A(1) and the Building Town Hall,53095 Main Road,P.O.Box Inspector's July 29,2014 Notice of Disap- 1179,Southold,New York 11971-0959,on proval based on an application for build- THURSDAY SEPTEMBER 4.2014. ing permit for a porch addition to existing 9:45 A.M. -WILLIAM E GRE LLA single family dwelling,at;1)less than the and GARY D.OSBORN#6773-Request code required setback of 100 feet from CHRISTINA VOLINSKI for Variances from Articles XXIII,XXII the top of bluff,located at:7832Claypoint NOTARY PUBLIC-STATE OF NEW YORK and III,Sections 280-124,280-116B and Road(adj.to Fishers Island Sound)Y. Fish- No. 01 Vdb 105050 280-14(Bulk Schedule)and the Building ers Island,NSCTM#1000-3-1-5 Inspector's August 7,2013,amended and 10:20 A.M. - RICHARD E. and Qualified In Suffolk County renewed May 19, 2014, amended June AMANDA JT.RIEGEL III#6786 Re- My Commission Expires February 28, 2016 2,2014,amended July 14,2014 Notice of quest for Variance from Article III Section Disapproval based on an application for 280-15 and the Building Inspector's June 11,00 A.M.-DOUGLAS wdLE.RI- i:i:) bUN A KARAKASH#67hu building permit for partial demolition, 18,2014 Notice of Disapproval based on VIANO#6760-Applicant requests a Spa -Request for Variance from Article XXIII reconstruction, additions and alterations an application for building permit for`as cial Exception under Article III,Section Section 280.124 and the Building Inspec- of an existing single family dwelling,at; built'accessory shed/greenhouse,at;1)lo- 280.13B(13).The Applicant is the owner tor's June 30,2014 Notice of Disapproval 1)less than the code required front yard cation other than the code required rear requesting authorization to establish an based on an application for building permit setback of 35 feet,2)less than the code yard, located at: 3651 Crescent Avenue Accessory Apartment in an accessory to construct additigns and alterations to an required rear yard setback of 35 feet,3) (comer Central Avenue, Munnatawket stricture, located at: 1125 Pequash Av- existing single family dwelling,at;1) less less than the code required single side Avenue and Fox Avenue)Fisher's Island, enue (corner Willow Street) Cutchogue, than the code required rear yard setback yard setback of 10 feet,4)less than the NY.SCTM#1000-6-3-1 NY.SCTM#1000-103-7-20 of 35 feet,located at:1170Thkd Street New code required combined side yard setback 10:30 A.M. - JOSEPH LICCIARDI 11.10 A.M.-K ATHLEEN A*O = JA Suffolk,NY.SCTM#1000.117-7-16 of 25 feet,5)more than the code permit- and CATHERINE PINO.#6782-Appli- #6779-Request for Variance from Article 130 P.M. JANET VAN ADELS-. ted maximum lot coverage of 20%,6)less cant requests a Special Exception under XXIII Section 280-124 and the Building BERG #6783 - Request for Variances than the code required bulkhead setback Article III,Section 280-13B(13).The Ap- Inspector's March 26,2014,renewed July from Article III Section 280-15 and the of 75 feet,7)more than the code permitted plicant is the owner requesting authoriza- 14,2014 Notice of Disapproval based on Building Inspector's July 16,2014 Notice 2.5 stories,located at:1200 First Street(adj. tion to establish,an Accessory Apartment an application for building permit to cos- of Disapproval based on an application to Great Peconic Bay)New Suffolk,NY. in an accessory structure,located.at: 50 struct a porch addition to existing single for building permit to construct accessory SCTM#1000.117-7-30 Cleaves Point Road(adj.to Orient Har- family dwelling at;1)less than the code shed and in-ground svomming pool, at; 9:45 A.M. -WILLIAM F.GRELLA bor) East Marion,NY. SCTM#1000-38- required minimum side yard setback of 1S 1)proposed location other than the code and GARY D.OSBORN#6789-This is 2-31 feet,located at:6205 Peconic Bay Bout- required rear yard,located at:4297 wells a request under Section 280-146D for an 10:40 A.M. - JOSEPH LICCIARDI vard Laurel,NY.SCTM#1000.126-10.24 Road(adj.to Richmond Creek)Peconic, Interpretation of the Town Code,Article and CATHERINE PING#6781-Request 11:1A A.M.-JOIIN R.LYNCH MM NY SCTM#1000-86-1-9.5 III,Section 280-14 (Bulk Schedule),ap- for Variances from Article XXLII Section -Request for Variance from Article 1111 1:50 P.M. - ELIZABETH SAD pealing the Building Inspector's August 7, 280-124 and the Building Inspector's April Section 280-15 and the Building Inspeo- f787-Request for Variances from Ar- 2013,amended and renewed May 19,2014, i8,()14,renewed Julp 14.2014 Notice of toe's December 10, 2013, renewed July titer Section 280-124,Article XXII amended June 2,2014,amended July 14, Section 280-116 and Article III Section 2014 Notice of Disapproval building per- Disapproval based on an tiOA,for 21,2014 Notice of Dissppr XXIIIoval based am 280-15 and the Buddin uly mit for partial demolition,reconstruction, u ng permit to constructaddutant an application for building permit for`sa 30 2013,renewed Ma 23,2p01 Jul J30, additions and alterations of an existing and alterations to an existing single tam- built'accessory shed,at;1)proposed b 2014,Amended t 8,2014 Notice of single family dwelling,at;l more than the ily dwelling,at;1)less than the code rm cation other than the code required rod AuBca code permitted 2.5 stories„located at:1200 gmred minimum side yard setback of 15 yard,located at:1020 Glenn Road(adj.to roe additions and ion for First Street (adj.to Great Pecotik Bay) feet,2)less than the code required Com- cam)Soutbokt NY.SCTM#1000-78-2-28 tions building permit tif single ons dwelling New Suffolk,NY.SCTM#1000-117-7-30 tined side yard setback of 35 feet,kxated 11:40 A.M. - MICHELLE PEL LE- g y g at:50 Cleaves Point Road(adj.to Orient 'TIER#6784-Request for Variances from and"as built"accessory shed,at;1) less Harbor)East Marion,NY. SCTM#1000- Article III Section 280-15 and the Building than the cede required side yard setback 38-2-31 Inspector's July 18,2014 Notice of Disap- of 15 feet,2)more than the code permit- proval based on as application for build- ted lot coverage of 20%,3)less than the ing permit for`as built' accessory sheds code required bluff setback of 100 feet,4) and hot tub,at;1)proposed location other Accessory shed in location other than the than the code required rear yard,2)10X10 code required rear or front yard on wa- shed located at less than the code required terfront property,located at:2300 Sound minimum side and rear yard setback of 5 Drive(adj.to Long Island Sound)Green- feet,located at:53(aka 350)Osprey Nest port,NY.SCTM#1000-33-1-15 Road(comer Harbor Road)Greenport, The Board of Appeals will hear all per- NY.SCTM#1000-35-6-17 sons or their representatives,desiring to be .-- -- ------ heard at each hearing,and/or desiring to submit written statements before the con- clusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regu- lar business hours and prior to the day of the hearing. If you have questions,please contact our office at,(631)765-1809,or by email:VickLTbth@T'own.Southold.nyus. Dated:August 11,2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON BY:Vicki Toth 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) vn rz..o 1170 Ct L� TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS a 7Z„N C (Name of Applicants) SCTM Parcel# 1000- // 7 — 7 COUNTY OF SUFFOLK STATE OF NEW YORK SUFFOLK ENVIRONMENTAL CONSULTING,INC. AA R0. BOX 2003 &%)4A- AW / ..Q,�r��„ residing at BRiDGEHAMPTON,NY 11932-2003 New York, being duly sworn,deposes and says that: 06 the day of /4v Sv,<� , 201y, I personally mailed at the United States Post Off fo%-- , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners hown 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, surroundin the applicant' property. (Signature) Swoin td bqfore me this �g day of — ,20 t�( Matthew D. lyans Notary Public of New York otary Public) No. 01 iV Suffolk 9 Qualified in Suffolk County Commission Expires January 22,201 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. 0700-117-07-029 ■ 1280 First Street G� Elaine Romagnoli P.O. Box 116 1p New Suffolk, NY 11956 0700-117-07-031 • 1090 First Street Philip Loria 800 Theresa Drive Mattituck, NY 11952 0700-117-07-028 • 1275 First Street Frank &Arlene Castellano P.O. Box 304 New Suffolk, NY 11956 0700-117-07-027 • 1175 First Street Efstathios &Mary Ann Katsoulas 280 Lincoln Avenue Rockville Centre, NY 11570 �P Postal Postal (DomesticCERTIFIED MAIL,�., RECEIPT CERTIFIED MAIL,,., RECEIPT Ln Only; . Insurance Coverage . .•. 07 .. • a- mProvided) m For delivery information visit our 0" 1 P s o I P r.q Postage $ $0. 0932 � meg, $ O CertMled Fee $3 j �( 4 M Certified Fee d O Retum Receipt Fee t�7�" M M (Endorsement Required) '� e e O Return Receipt Fee , 6 p (Endorsement Required) #2 70 x+17 Restricted Delivery Fee �b C3 L U f X11 (Endorsement Required) $0. Restricted Delivery Fee C3 ���� (Endorsement Required) s0. r� Total Postage&Fees 1.?0 ANS � Total Postage&Few ! $b. O Sent To 0 Sard TO nj �f -��j as 3 r'�'1a /-�nh ,ems ---- - s`rreer,Apr.T1Fi; -- - .� 4 .l ....--- O or PO Box No. .�• �j��( 3 l 0 or PO ox No..: -- / N -------------------------------- ----=- or PO Box No. Z8o Lii1Gol�! ftVGtgV� C(ty State ZIP+4 ---- --- - :02006 See Reverse for instruction� PS Form 3800.August 2006 PostalSee Reverse for InstrUCtIU11; Only;U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT CERTIFIED MAIL,. RECEIPT (Domestic Mail ru For delivery information visit our website at formation visit our website at r%_ For delivery in P � 1 E Ln S .a -B h Postage $ 30° 0932 r f Postage $ • 0932 ���IjL X17 Certified Fee f �G Certified Fee C3 AUGn '� � Po ark � � Return Receipt Fee VV °HIM m O Return Receipt Fee QQ P M O (Endorsement Required) f .70 O (Endorsement Required) .70 J8 C3Restricted Delivery Fee Restricted Delivery Fee r3 (Endorsement Required) $0. �ry 0 (Endorsement Required) .00 int ru p� ru O Total Postage&Fees $ $6.7 0 Total Postage&Fees $ y� m AN� M Sent To n Sent To // m rC,,,Aa �17%1 ------------ C3 n a`i �p L�D V/Q/ Street Apt.No.;----- ------------" - - - - - - -----•-^-- -- Q Street,Apt.No.; p X � or PO Box No. � . x 6 or PO Box No. O�O �t KJ— U t� -- -----•-------- --------•-------------- ------------ d_ ---------- f` VQ� City,State,ZIP+4 --- - I n e ! /VY 9r cfry,state.z�P+ate f1 h� C l'. Illy 1IL7S Ll✓ ✓�o 6 PS Form 3800,August rr. See Reverse for Instructions PS Form :.r August 2006 See Reverse for InstructionE COMPLETE ON DELIVERY ■ Complete items 1,2,and 3.Also complete Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X ❑A e t so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B Rec ved by(P' C Date of Delivery or on the front if space permits. <q 1. Article Addressed{two,:/ D. Is deliverya ress different from Rem 17 0 Yes delivAW( f rqstg*w: Ll No � d(/t ul S.1 ,9 5 T4. Service Type Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. Restricted Delivery?(Extra Fee) El Yes 2. Article Number S97 012 0470 0000 5160 3945 �ranSfef f/Orrservice/ab@� PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540: COMPLETE�3LNDER: COMPLETE THIS SECTION SECTION DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X �� ❑Agent ■ Print your name and address on the reverse 13 Addressee so that we can return the card to you. B. Received by(Printed Name) CAY-04.f3�-' Aivery ■ Attach this card to the back of the mailpiece, or on the front if space permits.1. Article Addressed to: D• Is delivery address different from item 1 If Y delivery address below: ❑No A," k45 l-s NY 3. S_ef ce Type _ ;Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number from service ( 7 012 0470 0000 5160 3938 frensfer law �t Form 3811,February 2004 Domestic Return Receipt 102595.02-*440 t A COMP105 ft" 2,and 3.Also complete Signat a ! 4 if Restrict ery is desired. X ❑Agent Y Pir t>)Ur name a�ress on the reverse ee ! we Can r�tunn the card to you.., 'ived by(Printed Name) C. Date of Delivery All 1 is Carty. "%e back of the mapiece or ttee ror►t If space permits. 1. Addressed to: D. Is delivery address diff nN ❑Yes + / If YES,enter delive )7 No %iu Zo"I e-0 v.o r� 'D 910,V N /!'a S)r—Ft K) /v/ 3. S ice Type Q L1t Certified Mail ❑ , 0 Registered [3 Return Receipt for Merchandise E3 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7013 3020 0001 5765 7636 rY 2004 Domestic Return Recei 102595-02-M-1540:' (02 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Narij6 of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- /l 7-- -7 3 0 COUNTY OF SUFFOLK) SUFFOLK ENVIRONMENTAL CONSULTING,INC: STATE OF NEW YORK) _ P0. BOX 2003 // BRIDGEHAMPTON,W 11932-2003 1, ;agG" tr/i-.A••A9-+flresiding.at New York, being duly sworn, depose and say that: h On the dayof r , 201dt, I personally placed the Town's Official Poster, with the date of hearing and'nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,` and that I hereby confirm that the Poster has remained.in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this ,/ 3-70Dayof 1515?-f-. , 2017 Matthew D. Ivans o Public of New York (N Public) No. 011\16053859 Qualified in Suffolk County Commission Expires January 22, 20/s * near the entrance or driveway entrance of my property, as the area most visible to passerby. 0 r Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S.,President Via Certified Mailing August 18,2014 Elaine Romagnoli P.O.Box 116 New Suffolk,NY 11956 Re: GRELLA/OSBORNE Property Situate: 1200 First Street, New Suffolk, NY SCTM #: 1000— 117—7 - SO Dear Neighbor(s), This Firm represents the owner of the above referenced property. This property will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals, at Town Hall located at 53095 Main Road,Southold on Thursday,August 2,2012,at approximately 11:15 a.m. Accordingly,please find enclosed herewith: (1) Legal Notices (for dimensional variance and interpretation) concerning subject application;and (2) Copy of Survey depicting existing and proposed structures,prepared by Peconic Surveyors,P.C.,last dated May 28,2014. Please feel free to contact this office should you have any questions regarding this matter. Thank you in advance for your attention and courtesy. Sincerely Bruce A. Anderson enc. cc: Mr.Osborne Mr.Grella Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street,P.O. Box 2003, Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President Via Certified Mailing August 18,2014 Phillip Loria �, I 800 Theresa Drive Mattituck,NY 11952 Re: GRELLA/OSBORNE Property Situate: 1eoo First Street, New Suffolk, NY SCTM#: 1000— 117—7 - SO Dear Neighbor(s), This Firm represents the owner of the above referenced property. This property will be the subject of a Public Hearing before the of the Southold Zoning Board of Appeals, at Town Hall located at 53095 Main Road,Southold on Thursday,August 2,2012,at approximately 11:15 a.m. Accordingly,please find enclosed herewith: (3) Legal Notices (for dimensional variance and interpretation)concerning subject application;and (4) Copy of Survey depicting existing and proposed structures,prepared by Peconic Surveyors,P.C,last dated May 28,2014. Please feel free to contact this office should you have any questions regarding this matter. Thank you in advance for your attention and courtesy. 2 Sincere" ,'. 0) Bruce A.Anderson enc. cc: Mr.Osborne Mr.Grella BOARD MEMBERS O��QF SO�T�ol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 'p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyC�(JNj`(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 6, 2014 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932-2003 Re: ZBA Application#6789—Grella/Osborn Interpretation Dear Mr. Anderson: Transmitted for your records is a copy of the Board's November 6, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for interpretation. If you have any questions, please call the office. Si erely �.l�t� Vicki Toth Zoning Board Assistant Encl. Cc: Building Dept. GIK4�Q47 61 (60•) /, ' y41 �4p4� ^� 1 R 2 8 3 e 4 cA ;�59 MATCH. Z 1A/114-1 L / V� ;� 'N 'm6 FOR PCI`/,IVI6( + ' '7 �g i 4� I .. w,wD +ee"p Y 7 z SEE SEC I P-7 C.) TUTHILL RD. x (50 a I� / co/ 3- ,0 8 ' 7 ,,. 1 h•/ O 123 .1 20.2 g�4 ¢ ",s. 8-O _- 11.5 5 12 ~'p '13 8- 17.4 - 18.1 r ma FOR PCL.NO. 1.fA(c) � 1.1A(c) p 3 m SEE SEC.NO. 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Y 1 ST. 90.990.9� 1ma 16.1 182'� Y 1pynNaP •:V:��. 1- 12 A N 90,1TM� 20 3.1A(c) 1 2 3.5 4.t _ ."( 14.1 5A(e) w >m am 22A(c) ."c) 7 8 9.1Y 9 10 11 e , ' 2-IA(c) 1 6 w $ 12.3 _ 15 4.2 a N m m +a " .. m. m *° +`•..���.--- BAY PECONIC GREAT -° �- -- -- ° �- --�-- °ate°°""°�""a��F^°'•"Ea NOTICE COUNTY OF SUFFOLK arm veer m Fa�wuwa asrncrs: E 15 aav■A YWNIEN�NCE ALTEMTION.BALEOR Real Property Tax Service Agency Y ya••y ry --w-- aY.rlwr -,Nr-- Z9 r,F°Pm+, p■TRIBUIgN OFM,Y PORTION OF TIE '�� .omc+u» -- -- ��--•-- .s rm,m ,° County Cworr RIwrM■8,NY 11901 C ■UFFouccouNn r>.x maP,G PRalll&TED ti a°aL[IN FMT. A --.- a......�--ww-- w.s.ev, vNr„our wwTrera PeRmn:i°N ac TNs zw o >oo A wu. twx w.;ea m p