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HomeMy WebLinkAbout6828 i /to Awl ? 2cA-r 8L1 j) Z4o2c-Itec? sFs. - a -eo1/acvicr,�� ll i ,�I 0� ,c��iP�?�iC�� , Frs,6 z3.-6-1‘1 sflogi-e sYsi) ),C Ae , // 5-1/c11 liporOvced (- -11q1 p�+ 1//5/e A9pr. /7/1q//‘ �� '' Southold Town Hall BOARD MEMBERS �� $AUT Leslie Kanes Weisman,Chairperson 0�I N•‘'' ®l ".; 53095 Main Road•P.O.Box 1179 6 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer %` G • • Town Annex/First Floor,Capital One Bank George Horning ,������� 54375 Main Road(at Youngs Avenue) Kenneth Schneider = COUNit iE i�� Southold,NY 11971 ,RE EI ED r http://southoldtown.northfork.net 1 _ / /..11\c- ZONING , L ' (- ZONING BOARD OF APPEALS NO 2 4 2015 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 outho d Tovtin CI?r FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 MEETING NOVEMBER 19,2015 (AMENDED DETERMINATION) ZBA FILE: 6828 Amended NAME OF APPLICANT: Rick Nappi SCTM#1000-128-2-22 PROPERTY LOCATION: 5218 Peconic Bay Boulevard(adj.to Great Peconic Bay)Laurel,NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 28, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 10,890 sq. ft. lot in the R40 Zone District. It is improved with single family dwelling, accessory shed and is bulk-headed. It is accessed from a 15 foot right of way off the south side of Great Peconic Bay Boulevard, it has 88.79 feet on the north property line, 147.93 feet on the east property line, 103.79 feet on Great Peconic Bay and 178.31 feet on the west property line as shown on the survey dated June 19,2014 prepared by Wallace T. Bryan,LLS. BASIS OF APPLICATION: -Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3,2014,Notice of Disapproval based on an application for building permit for additions and alterations to a pre-existing non-conforming single family dwelling, at; 1) less than the code required front yard setback of 35 feet,2) less than the code required minimum single side yard setback of 10 feet,3)less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant proposes to build a second floor addition and make alterations to the existing first floor of the pre-existing single family dwelling, requiring variances for; 1.) a front yard setback of 33.5 feet where the code requires a minimum of 35 feet, 2.) a single side yard setback of 8.5 feet where the code requires a minimum of 10 feet and, 3.)a 55 foot bulkhead setback where the code requires a minimum of 75 feet. Page 2 of 4—November 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5,2015 and on November 5, 2015 to hear the amended and renewed application, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Nonconforming bulkhead, front yard and side yard setbacks of one and two story dwellings are characteristic of this neighborhood. The dwelling has existed in its location since prior to zoning and the footprint will not change. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The dwelling pre-exists in its present non-conforming location and proposed additions and alterations upon the pre-existing first floor and foundation will require variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 33.5 foot front yard setback is not mathematically substantial,representing 4%relief from the code.The variance granted herein for a single side yard setback of 8.5 feet is mathematically substantial, representing 15% relief from the code. However, the pre-existing dwelling is not parallel to the subject side property line which creates a nonconforming single side yard setback to only a corner of the dwelling and this side yard setback increases along the side property line to a conforming setback. The variance granted herein for a bulkhead setback of 55+1- feet is mathematically substantial, representing 27% relief from the code. However, there are other dwellings in this neighborhood that have similar and lesser setbacks to the bulkhead. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing additions and alterations to a single family dwelling upon the pre- existing foundation, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes , and duly carried,to GRANTS the variances as applied for, and as shown on the Survey of Property prepared by Wallace T. Bryan, L.S., dated June 19,2014 and the architectural drawings prepared by LPA Architects,LLP, dated Nov. 10, 2014. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. r Page 3 of 4—November 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes. Members Weisman(Chairperson), Schneider,Dantes. (Absent was:Members Horning and Goehringer) This Resolution was duly adopted(3-0). (Signed, adopted and filed under Original Decision) Leslie Kanes Weisman, Chairperson Approved for filing / /2015 AMENDED DETERMINATION: LBA FILE: 6828 Reopened and Amended NAME OF APPLICANT: Rick Nappi SCTM#1000-128-2-22 PROPERTY LOCATION: 5218 Peconic Bay Boulevard(adj.to Great Peconic Bay)Laurel,NY. BASIS OF APPLICATION: Re-Opened by Board Resolution-Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3,2014,AMENDED September 22, 2015 Notice of Disapproval based on an application for building permit for . •: • - • • te Demolition of existing single family dwelling and construction of a new single family dwelling, at; 1)less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3)less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant proposes to demolish the pre-existing single family dwelling down to the pre-existing first floor platform decking and construct a new single family dwelling upon the pre-existing foundation, requiring variances for; 1.) a front yard setback of 33.5 feet where the code requires a minimum of 35 feet, 2.) a single side yard setback of 8.5 feet where the code requires a minimum of 10 feet and, 3.) a 55 foot bulkhead setback where the code requires a minimum of 75 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 5,2015 to hear the amended and renewed application, 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: Page 4 of 4—November 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 1. The agent for the applicant stated at the public hearing that during the construction of additions and alterations, the builder found that the pre-existing exterior walls had extensive termite and water damage which required their complete removal. Consequently, this added sufficiently to the amount of structure removed from the original dwelling to require the Building Department to determine the construction to be a demolition. 2. The Building Department placed a stop work order on the project because it exceeded the scope of the variance relief granted for additions and alterations and issued an amended notice of Disapproval on September 22, 2015. 3. A letter dated November 9, 2015 from the applicant's builder confirmed that due to the extensive damage from termites and water in the pre-existing non-conforming dwelling, it is his professional and expert opinion that the first floor walls had to be rebuilt in order to hold the new second floor addition. 4. The new dwelling has been constructed on the pre-existing non-conforming foundation using the same architectural plans and setbacks as in the relief previously granted in this Appeal#6828 dated February 19, 2015. 5. The applicant's agent testified that the subject waterfront property is such that there is no location where a new dwelling could be built without requiring some variance(s). 6. The Board reviewed evidence that the existing structures, dwelling and boat house on the subject property are pre-existing. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT, the variances as applied for, and as shown on the Survey of Property prepared by Wallace T. Bryan, L.S., dated June 19,2014 and the architectural drawings prepared by LPA Architects,LLP, dated Nov. 10,2014. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Dantes, Schneider, Goehringer. This Reso tion was duly adopted(5-0). kii4Laryc-- f I (.A.--______ eslie Kanes Weisman, Chairperson Approved for filing if / ,-;)3 /2015 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ��®f $®��efi® 53095 Main Road•P.O. Box 1179 Patricia Acampora �® �® Southold,NY 11971-0959 Eric Danteste Office Location: Robert Lehnert,Jr. Town Annex/First Floor Nicholas Planamento • 54375 Main Road(at Youngs Avenue) N,�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 December 13, 2023 Rick Nappi 5218 Peconic Bay Boulevard Laurel, NY 11948 RE: Appeal #6828 Nappi 5218 Peconic Bay Boulevard, Laurel SCTM No. 1000-128-2-22 Dear Mr.Nappi; We received your correspondence, dated November 15, 2023, requesting an extension of the above referenced Zoning Board of Appeals' determination dated February 19, 2015, amended November 19, 2015, which had expired on February 19, 2018. Your request was not done in a timely matter pursuant to Section 280-146(B) of the Southold Town Code and cited in the Determination, which reads, "the Zoning Board of Appeals, upon written request prior to the date of expiration, may grant an extension not to exceed three (3) consecutive one (1) year terms. Please be advised that even if all extensions were granted,the variance would cease being valid on February 19, 2021. In your correspondence, you have indicated that you are now in the process of obtaining a Certificate of Occupancy. According to the Building Department inspection records, certification from licensed professionals, additional agency approvals, and amended plans are still outstanding. During our December 7, 2023 Regular Meeting, the Zoning Board of Appeals denied your request. Should you wish to continue with the proposed improvements, you will need to apply for variance relief with a new application and a public hearing. Please contact our office if you have any questions or concerns. S nn ly, L ie 4eisman hairperson cc: Building Department November 15, 2023 To Whom It May Concern at the Southold Zoning Board: My Name is Rick Nappi and I am the owner of the property at 5218 Peconic Bay Blvd, Laurel. In 2015 1 was given a zoning permit in order to obtain my CO. I'm writing to you today to request an extension because it has expired. Unfortunately I've had a series of medical issues including two hip replacements, two knee replacements, covid, as well as many other health related issues. In addition to that, during this time, my business took a huge set back. And I had to put whatever time and energy in to make sure I didn't lose my business. I'm just getting back on my feet now and am ready to do whatever I can to obtain my CO. Thank you for your understanding and consideration. Please feel free to contact me with any questions as well as what I need to do to complete the process. Sincerely, Rick Nappi 516-398-9744 q 50UTyOlo ` * # TOWN OF SOUTHOLD BUILDING DEPT. 631-765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] I ULATION/CAULKING [ ] FRAMING /STRAPPING [ FINAL [ ] FIREPLACE & CHIMNEY [ ]- FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O [ ] RENTAL REMARKS:nL xr pvvv-,� roz gv 0, � 4v n 1pv—\/_ �� CV7\ iDATE l - INSPECTOR r1 `- Vixi'•i \060--\\ Michael A. Kimack • RECEIVED Attorney at Law 321 Riverside Drive SEP 10 2015 Riverhead,New York, 11901 ZONING BOARD OF APPEALS Tel. 516-658-6807 E-mail: mkimack2@verizon.net September 18,2015 To: Southold Zoning Board of Appeals Subject: File: 6828: request to re-open On feb.25. 2015, the board issu&d permit 6828 to Rick Nappi at 5218 Peconic Bay Blvd., Laurel to construct additions and alterations to the existing structure. In addition to the original proposal to remove the roof and interior walls. extensive termite damage required the removal of all exterior walls, thus exceeding the 75% removal allowance and thus becoming a demotion. I respectfully request the permit be amended to read "demolition of existing dwelling down to existing foundation and the reconstruction of a new dwelling thereon. Enclosed find a check in the amount of$1,500.00 for the re-opening fee. Thank you for your consideration in this matter Sincerely, Michael A. Kimack FORM NO. 3 "' RECEIVED (9 01,8 TOWN OF SOUTHOLD SEP 2 2 2015 BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD CF APPEA�� NOTICE OF DISAPPROVAL DATE: December 3, 2014 AMENDED &RENEWED: September 22, 2015 TO: David Jannuzzi Esq. (Nappi) PO Box 1672 Mattituck, NY 11952 Please take notice that your application dated November 24, 2014 For permit for the demolition of an existing single family dwelling and the construction of a new single family dwelling at Location of property: 5218 Peconic Bay Blvd., Laurerl,NY County Tax Map No. 1000—Section 128 Block 2 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 10,890 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124,which states that lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet and a minimum single side yard setback of 10 feet. Following the proposed construction, the single family dwelling will have a front yard setback of 33.5 feet and a single side yard setback of 8.5 feet. In addition, the proposed construction is not permitted pursuant to Article XXII, Section 280-116B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75)feet from the bulkhead." The proposed construction notes a setback of+/- 55 feet to the existing bulkhead. This Notice of Disapproval was amended on September 22, 2015 to reflect a change in the scope of work. liy„..... __--C AN orized Signature w Cc:File, ZBA • pc 0 Q i ,4 , ptii•,- ..4.` 40, )*k., f 2` ■{ .S 7 9 + ' 11 _...--'�... q ^ IIs ; f( ttt -+ / 1 ; f i .,� "%:-�nT. ...w t- .1 ti • -i,:'*-''', (1)Nappi Residence Taken Aug.22,2015 Looking SW t i `i - 0 0� ; 1 �� Ott a i �4 • t`= • ,. .n. 13 s • 1.4 ' � . � . V4 Mlit ° 0049 : :f it r,,,,"4:4., "ft4,,,. ,,, t 1��" i,V"+t {�� s� + i 91Y [ Y+r' '.a^- i � ' , i • ,v b "' y *•^ `� d .�}�Cfi! i,,,r!..?;'. iti> T -- y b ':,.s"�"h " " 1- y , swr6v r ' ,'-(, (2)Nappi Residence Taken Aug.28,2015 Looking NW r 4 r„ r;. -� x 4 _ jam.. �+.,,_:. ` x �'' i gyp, I • (3)Nappi Residence Taken Aug.28,2015 Looking NE u. �`� ,-.4..-,K�„�. �'' "�` .vim^` :.t- ;r.�... 1.a iii y 4 J• � .m..w.,,m+ . ... ,mea at' ,4, ,.. , , P ..„, ... . • - ), 40 * ,.........L.E.s. .„ . . t ..4 -:""1/4:7;., S Y i5 ,y rt . .. L ' �.„.... 1 t= k . o f 'a� YN , Z:: V Y "''" }, mit • r _ �'' �: ' - (4)Nappi Residence - _ n _ taken Aug.28,2015 • a. - , • - - .. - - Looking North c 44"1 44 I : ' , , 1 ....-, ....., . 7 t' r. ,, a ., n ,• (5)Nappi Residence ' `^ Taken Aug.28,2015 Looking South • cr ---- -- :-r- 1 f t,-...,1. — '.- - -...•,,,,,--- r • kL ;` rv+art. $ w,.+s "j.iavr��^�v • kid 4% 7. F y rit! ^,sJs." , 4 X' 5r �N qnom. "3figii py + ' „, 4 , , :.--' - ,-4.11:94-'1.4,;--$7.`,..., . 6 - X1/4 ii a q • a. ---044101011110e1 - 400112116, nce5 X Taken Aug.Reside28,201 Looking(6)Nappi SW ' o��E�PRO N`G 0 P� � EP ' GR o NF. W ! N I I ' I' 1 3 • !I 0 o COONS ' % oy OF o RMERI 1 1 0 Y NOS' OR f 'as 19 • 044 . 1.,y, ui I ��3° B R),\\ F1,N� • • @ • I N5°: „,,,A"`i I. I . • • • ' .4 I i.. z 93 S o �L' ga OWIfE .J' i= ti I M 0�,C'� < a ../fi ..?.Es • I 000 `°"`S CP a -tii‘r, o I o Ga -440-'��\\\ ; 0 r[13 to 0) K I 00�����1g5Lu _ N a FINAL AL MAP >E,Cit � eo, ?• -6 4 5 0 REVIEWED BY - . '/0 0,0 I 0 SEE DEC !O * I'/ _0 . g ee;eti�� .s r Z AT /� �► z0 ° • y DATED • 0 I ryb9 0 / .d aii , 0 * I _ W M ii •y M O p � . I , •� t(7 K . Lo 0 il 0 ,i i TAX LOT 22 ) a ' .5 v) O . 3 . I .m z o illi,Pi in otr, > , / "'A \-1 'F'ArC; 5 r •06,,. \ 04'" ,"mea dp -tECENED 0 i.. ckp r DEC 172014 ZONING BOARD OF APPEALS I. I ., QC) J A� GRk ©/ t `� THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. N LAW. ES OF THIS MANY AP ALTERATION THEDLAND SURVEYOR'SU INKED SEAL OROLATION OF EMBOSSED SEALISHALLN 09 OF THE NEW YORK STATE NOT BE CONSIDERED TO BE A VALIDOTRUE COPY.INO OFFICIAL SURVEY F THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUFFOLK COUNTY TAX MAP DIST: 1000 SECT: 128 BLK: 2 LOT: 22 ____ I MAP NO: DATE: Wallace T. Bryan `/ of fq,... y I` LOT(S) Licensed Land Surveyor /��(�, .... ••" '�0 MAP OF: DESCRIBED PROPERTY MAINTAINING THE RECORDS OF I '�• ) BURTON, BEHRENDT & SMITH } /' n LOCATION: LAUREL (1.4., '�^-•• 559 Middle Road r �.•'"j<;-:Ka'A r TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK Bayport, New York 11705 f) 0'f•��SURVEYED: JUNE 19, 2014 05004 ',CERTIFIED TO: RICK NAPPI (631)472-1770 s`�:.....z..-;,..1 LAN0p 5'- f FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK SAFE HARBOR TITLE AGENCY, LTD. TITLE # SH145897 Fax 472-1771 _ SCALE: 1 "=30' FILE NO: 1 4-223 L I -+lw CI — Sheet Notes: o ` 4 , t'l r -• _ --r_ ..k..„1.r=/.. i -Ini 0 c I71"1-1 7, II +•� II - _41,4'7 _ , II . j "J314-, a c II - a ►e"': 1• - "`�►. r It -•r �_�'_ !P PM P s 441 - ' l7 �_r Z 1 1 Nei J _ ' a •V. Clf+1 r Na ►� .m N� it\ '2o�2i I - A ❑ i +. i A I • =imil'• zw-A 44:14,...:.,igt de....., = 2- I / sl ■ MIE .I' -�� a� I. v r•\ =PT Ta. Ili ,42,�, ��EW I Hi r r rim sl,•I -- FEB :�, ji2e©Xity,,,z /+ I 5 2015 • #�/bN rwrr5 i 1 BY - ___ 1 ., ..1'.. *= - Ord 'Soto' 11 Z iv tom ogrlr-or•kk( 1 1 /414 N I'IKso Per%i0 ,/ ,,,116\ I\ —1. I I �\ alga,' PIO, Novo WV. eti. 0 al......................... �:..:.:. :. . 14.1rWs3 HA aR�J 3 +► wolf ` % \ \ \ Proposed Addition/Alteration ' ji\.. J Nappi 41 Is / r — • • Residence I ` \ �! 5218 Peconk Bay Boulevard : /.1 I I , 4,,), Laurel,New York 11948 04 tv — I i i I - -- LPA Architects,LLP4 4-- — — �n INH F2 1:: www.lpIARCNI a-plans.cemCTURI ANNING • V' a TNIt :snit MA Nese Talk1- - , d, 1};13 W uY+KtT pry►F.V,al bel.11- 7 1 vCaw*, aw,Anna YwAtii_LLf iN[ 1A�- Fi`-A')h-G1AWR1•- •f1( i -I 7`a' � s�r.a4 Nr ana Te AN s..2914 Rs CH s...nsiii ,• 1 IWO/MAIM. A / ..4........014 • 4'r" I "°�IOY 10 20N PANE W. SEP 2014 +c� � ��. AS NOTED L• 1 T=1 a f w"1 7 71 14,1_Ib0 ne,h "� FINAL MAP ,on EAP _ » REVIEWED BY ZB� NMN 1Q'r SEE DECISION# (psi; g DATED/jj/ jig Sheet Notes: U 5 25 EZ©ZEVgp FEB,-D ^ 15 i8Y: loo „ g --- Elz z 5 p - O 1 �f►, Ny iw To Mc frn T t / \ 8 �~— ® — :11 � 1 1 -- 1 y`— a IN1,-* - - vt 91120Y •I - ' Pa" x A 0� Proposed Addition/Alteration — Nappi m , , _._ Residence I I 5218 Peconlc Bay Boulevard 1 Laurel,New York 11949 i _'" FINAL MAP REVIEWED BY ZB LPA Architects,LLP �"CHITf CT Y.F PLANNING t___.: ,—S. SEE DECISION ww 1.•-.I•n,.c•m C DATED / ,/, IS Poi^-AN- -W r e...A... s,a,.Nr 117112Ta:I3,IN TN/s AN 11 PM r�l -rte � I IAr •...,,, h.....7,.........,:—.. 1 1 l( 40.11 ,LJIJ /CV020/ iII I,I ,f I,1 =JI I I c - • AS NOTED rtv �Wi S l-_-- 1402$ EAP NAT KMP eVitra p . RECEIVED Cot. , q cats 1 SEP 242015 .4 4 f b • BOARD OF APPEALS t Rick Nappi Taken 9/24/15 East Foundation Ho meWrap IIII III II Hometit k f y w .1111, is Rick nappi Taken 9/24/15 East foundation REcEivET,utiotin ,44 n SEP ?, 4 Lu .1111 30ARD OF 1,ppEALS - le"'m Rick Nappi Taken 904/15 • North Foundation HOMeVVraP ie ILO SI 0 0 8.63, -.11M• _ - 1111 _ . • it, ktr. g - Rick Nappi LL YI44 Taken 9/24/15 aleCrltdriath4 MOW; , North Foundation • 1111.1.111111181/Milislial..1.1"1"."""alsilliallmm**Es SEP 2 4 2015 ‘,_ BOARD OF APPFAI • *6c 'Nor .44 905441/1110.44. 4414 I ruupr. iW • Rick Nappi Taken 9/24/15 West Foundation I A rap Hi‘ ‘410 11.11111-01111...""mt Rick Nappi .On. Taken 9/24/15 - • ' , • A West Foundation / H o m e IN_ rap HomeWrap momennw RECEIVED , ED ly / 4,, ,, vcr-, 1100111' 6 g a2 imp,in,- 1--moa°3145.„1:jc"es obi rs:a c''''' I /X --) .), s .' • - i - .- .. . ., a RD -.- B A _ . . _ . . ...i _- • • , - i -, - '-'-- ; •..... _ „.. . . • . .,........ - 4 . .. ' • -- .*-Tt 4* • -.....6 •-• 7rA •••.' i - •r.,.., • ..... . ... - - ' • 1:141tri.r. .• 4,144 CI 4 %• .,.:. .... Rick nappi Taken 9/24/15 . , ,South Foundation .... . , , 4 . ap HomeWrapm , , HommelNrap . ..: „.....,..„.rt•A CrAoriA•.`,....,r. , CA•1 SAY.44rTTVIK WWW.GlaidTht.•....r AAA*CO.. $16141'Me retnerk.1101Mrs , ,,,, wades u r s,.,.,• ligalNIS\ . , .. • . . , • ...r ... r.. . ra ... • . 4,..• , .:.A. .. A ••• . • ••• . : • . .• ` . . t•• \ . It , Rick Nappi . Taken 9/24/15 . . South Foundation 1,, - BOARD MEMBERS 'if Southold Town Hall pF SO(/r _ Leslie Kanes Weisman,Chairperson ��,��* *0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes * 1 Office Location: Gerard P.Goehringer ; G Q ��` Town Annex/First Floor,Capital One Bank George Horning �� ,,�i�Ott 54375 Main Road(at Youngs Avenue) Kenneth Schneider _"'COUNT(,' "i°� Southold,NY 11971 �..... S http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS aftdAbel /0:56,acv TOWN OF SOUTHOLD r F 2015 Tel.(631)765-1809•Fax(631)765-9064n uthold T wnCle FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 ZBA FILE: 6828 NAME OF APPLICANT: Rick Nappi SCTM#1000-128-2-22 PROPERTY LOCATION: 5218 Peconic Bay Boulevard(adj.to Great Peconic Bay)Laurel,NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for•review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 28, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 10,890 sq. ft. lot in the R40 Zone District. It is improved with single family dwelling, accessory shed and is bulk-headed. It is accessed from a 15 foot right of way off the south side of Great Peconic Bay Boulevard, it has 88.79 feet on the north property line, 147.93 feet on the east property line, 103.79 feet on Great Peconic Bay and 178.31 feet on the west property line as shown on the survey dated June 19,2014 prepared by Wallace T. Bryan LLS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3,2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling,at; 1)less than the code required front yard setback of 35 feet,2)less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant proposes to construct additions and alterations to a pre-existing dwelling requiring variances for; 1.) a front yard setback of 33.5 feet where the code requires a minimum of 35 feet, 2.) a single side yard setback of 8.5 feet where the code requires a minimum of 10 feet and, 3.) a 55 foot bulkhead setback where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board reviewed evidence that the existing dwelling and boat house are pre- existing. Page 2 of 3—February 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5,2015,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Nonconforming bulkhead, front yard and side yard setbacks of one and two story dwellings are characteristic of this neighborhood. The dwelling has existed in its location since prior to zoning and the footprint will not change. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling pre-exists in its present non-conforming location and any proposed additions and alterations will require variance relief. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a 33.5 foot front yard setback is not mathematically substantial,representing 4%relief from the code.The variance granted herein for a single side yard setback of 8.5 feet is mathematically substantial, representing 15% relief from the code. However,the pre-existing dwelling is not parallel to the subject side property line which creates a nonconforming single side yard setback to only a corner of the dwelling and this side yard setback increases along the side property line to a conforming setback. The variance granted herein for a bulkhead setback of 55+/- feet is mathematically substantial, representing 27% relief from the code. However, there are other dwellings in this neighborhood that have similar and lesser setbacks to the bulkhead. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing additions and alterations to a pre-existing single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried,to GRANT,the variances as applied for,and as shown on the Survey of Property prepared by Wallace T. Bryan,L.S., dated June 19,2014 and the architectural drawings prepared by LPA Architects, LLP,dated Nov. 10,2014. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other , Page 3 of 3—February 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de aunimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Dantes. (Absent was:Members Horning and Goehringer) This Resolution was duly adopted(3-0). ____ ),itti-12- 1 tiltta 6(itari Les ie Kanes Weisman,Chairperson Approved for filing 4 /7 /2015 7Q? g g RECEIVED Michael A. Kimack 06 3 1 2015 Attorney at Law 321 Riverside Drive ;ARD OF APPEALS Riverhead, New York, 11901 Tel. 516-658-6807 E-mail: mkimack2@verizon.net August 30, 2015 To; Town of Southold , Zoning Board of Appeals Subject: ZBA File 6828, Applicant : Rick Nappi Request for de minimus letter We respectfully request a de minimus letter to the approved ZBA application for subsequent actions during construction that required the first floor exterior walls be removed as a result of termite damage. The original language used for requested relief was "additions and alterations to the pre-existing structure". The word alteration was not necessarily accurately descriptive of the removal of the roof(anticipated) and the entire first floor. (only half was anticipated). There is no change to the relief granted under the code for variances for front, side yard and bulkhead setbacks. Let me know if you require further information in this matter. Sincerely, Mic ael A. Kimack, Agent f) TOWN OF SOUTHOLD 1 ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS F/e/L •f/.kyr/ (Name of Applicants) SCTM Parcel# 1000- /2d'• 2 . Z2 COUNTY OF SUFFOLK STATE OF NEW YORK I, /if/ei/AL A• e/k'4 a" residing at New York, being duly sworn, deposes and says that: On the /M day of DCT"o / , 20//I personally mailed at the United States Post Office in j - o4p ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. �/ 1' • G�%i%!S (Signature) Sworn to before e this 3, 14-+k day of O c_ -i , 20 15 CONNIE D.BUNCH �.� Notary Public,State of New York 1►'L No.01SU6185050 (Notary Public) Qualified In Suffolk County Commission Expires April 14,2 (.a Il., • 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. 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Received by(Printed Name) C. Date of Delivery ; ' or on the front if space permits. U -Ei� I ./.7�4 S,i - 1. Article Addressed to: 'D. Is delivery address different from item 1? 0 Yes ' �� �v��or��sz��i�w� Z If YES,enter delivery address below: ❑No p a. 5o X /P5 �T/4/`�Araie7, NY 1/947 3. Service Type `� ❑Prionty Mad Express® II I IIIIII IIII III I I I I II I I III II III III I IIIIIII III ❑Adult Signature ❑Registered Mail R ❑Adult Signature Restricted Delivery ❑Reg,i�tered Mail Restricted 0 COffed Mad® c,D ery fQ,Certified Mail Restricted Delivery eturn Receipt for 9590 9403 02Q4 5146 7283 90 ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^" 2. Article Number flfansfer from cnivfrn Khan_ - I Insured Mail ❑Signature Confirmation 7 015 17 3 0- 0 0 0 0 115 3 7 2 5 2 I Insured Mail Restricted Delivery Restricted Delivery r(over$500) ,S Form 3811,April 2015 PSN 7530-02-000-9053 r_ Domestic Return Receipt TOWN OF SOUTHOLD G gc23 ZONING BOARD OF APPEALS I� SOUTHOLD,NEW YORK (J Wel l AFFIDAVIT OF In the Matter of the Application of POSTING j/Cie W,41/ (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 121'. 2. 2 Z COUNTY OF SUFFOLK) STATE OF NEW YORK) I, /y/e,41i4t? A 6/e residing at JZJ .PJ t f1L,J D12)Vc y, 'O ,New York, being duly sworn, depose and say that: On the 12M day of t%cr04,)? , 2015, 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 NOV S," 2 '/S` (Signature) nature Sworn to before me this 31 Day of Oc , 2015 P 1O- � Nota Public,Stry®NNIS S.eU f Ne ate of New York (NotaryNo.016196185050 Public) Qualified in Suffolk County Commission Expires April 14,2sartq, * near the entrance or driveway entrance of my property, as the area most visible to passerby. a c, • SENDER: COMPLt-TE,THIS SECTION COMPLETE THIS SEt7rION ON CELIVERY • Complete items 1,2,and 3.Also complete A. Signatur- item 4 if Restricted Delivery is desired. / - r ❑Agent ■ Print your name and address on the reverse 0 A ressee so that we can return the card to you. B. Received by(Printed N. e) C. Date f livery , ,—-, — -, --,�,._ho,.0.,f_tha.mailniece._ i f n�. /19 (9.9)- III I IIIIIIIIIII'IIIIIIIII IIIIII IIIIII I'l II" I D. Is delivery address diffeie t from item 17 YesVOL' — -- J /ifaYES,enter delivery addyss be1ci El No Bertram F. PatersonOCT 205 12 Turnwood Court ,f !i‘. / Hempstead, N.Y. 11550 3. Sesiv' e Top r,� LWCertifIed-Mail5 P' Ity Mail Express' I -;: ❑Registeredeturn Receipt for Merchandise 1 ❑Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes . IIID {• 2. Articlenfrumber 1 7014 1202 0001 6746 1215 (Transfer from seryice Iabeq ____� PS Form 3811,July 2013 Domestic Return Receipt l i SENDER:COMPLETE THIS SECTIOfs COMPLETE THIS SECTION'ON DCLIVERY • Complete items 1,2,and 3. SI%• at = ,■ Print your name and address on the reverse x ,OF , / , ■ Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. -,ceived • (Printed Name) C. Date of Delivery or on the front if space permits. 1; A Ronald and Carolyn moons \ D. Is delivery address different from Item 1? ID Yes ' f If YES,enter delivery address below: ❑No 15 Narwood Court a ' • Merrick,-N.Y. 11566 i, i i"'-�f-. / / -->, � \ 111111111111 III It IIU 11l I II III I IIIrr3. SerVicei Type I II I III ❑Adult Signature e Restricted Delivery ❑Re Is�red Mail Restricted 9590 9403 0355 5163 4051 09 (I�Certified Mair----- D very ❑Certified Mail Restricted Delivery etum Receipt for .-- 0 Collect on Delivery Merchandise :-_2._Article_Numbet_(TransfeLfrim_service label) ' ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 7014, 12 0 0 0 0 01 6 7 4 6 119 2 hsured Mail ❑Signature Confirmation i sured Mad Restricted Delivery ResVleted Delivery — ,—over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 ., Domestic Return Receipt i'r:7.{p�'3)r IZ_',i 9 0 (/) r7nt;c11, i171R31:'rsi . ii71'71.t4 * * * RECEIPT * * * Date: 09/23/15 Receipt#: 193603 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6828 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#348 $1,500.00 Nappi, Rick Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 - Name: Nappi, Rick 5 Hamilton PI Lake Grove, NY 11755 Clerk ID: SABRINA Internal ID:6828 BOARD MEMBERS ,iif° sogr: Southold Town Hall Leslie Kanes Weisman,Chairperson ��� �� ® 53095 Main Road•P.O.Box 1179 e �® , �® Southold,NY 11971-0959 Eric Dantes I Office Location: Gerard P.Goehringer �` �' Town Annex/First Floor,Capital One Bank George Homing �® `' s, 54375 Main Road(at Youngs Avenue) Kenneth Schneider -l`(c®UN ', Y ,i' 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, NOVEMBER 5, 2015 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, NOVEMBER 5, 2015: 10:40 A.M. - RICK NAPPI #6828 - Re-Opened by Board Resolution - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014, AMENDED September 22, 2015 Notice of Disapproval based on an application for building permit for Demolition of existing single family dwelling and construction of a new single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-22 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(c Town.Southold.nv.us Dated: October 5, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs,Avenue, Southold website: http://southtown.northfork.net October 5, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, November 5, 2015 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 Ocotber 19th: 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 October 26th: 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 October 28th: 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 November 3, 2015. 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 Encls NuTIcE OF HEMRIN ' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : NAPPI , RICK # 6828 SCTM # : 1000- 128-2-2 VARIANCE : BULKHEAD & YARD SETBACKS REQUEST: DEMO . & CONSTRUCTION OF NEW SINGLE FAMILY DWELLING DATE : THURS . , NOV. 5 , 2015 10 :40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 #12475 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 29th day of October, 2015. LEGAL NOTICE . 1.-'-'-'://4-4-.1-A.----- .GICom' SOUTHOLD TOWN ZONING Principal Clerk BOARD OF APPEALS THURSDAY NOVEMBER 5,2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town V Law and Town Code Chapter 280 me this dayof 2015. (Zoning),Town of Southold,the fol- lowing public hearings will be held 10:40 A.M. -RICK NAPPI#6828 • by the SOUTHOLD TOWN ZON- - Re-Opened by Board Resolu- iNG BOARD OF APPEALS at tion - Request for-Variances from / the Town Hall, 53095 Main Road, Article XXIII Section 280-124 and E "/„.________"/ P.O Box 1179, Southold, New York Article XXII Section 280-116B and 11971-0959, on THURSDAY NO- the Building Inspector's December VEMBER 5,2015. 3, 2014,AMENDED September 22, 9:30 A.M.-ANTHONY and LISA 2015 Notice of Disapproval based CHRISTINA VOLINSKI SANNINO#6882-(Adjourned from on an application for building per- September 3,2015)Request for Van- mit for to NOTARY PUBLIC-STATE OF NEW YORK ance under Article III Code Section Demolition of existing single family NO. 01VO6105050 280-13A(4) and the Building Inspec- dwelling and construction of a new tor's June 17, 2015, amended June single family dwelling, at; 1) less Qualified In Suffolk County 23, 2015 Notice of Disapproval for than the code required front yard My Commission E:xtyirgs 1=abruciry 28, 2016 a building permit to construction of setback of 35 feet, 2) less than the a winery/tasting room, at:1) winery code required minimum single side 1:30 AM, - ADP VENTURES, 2;15 I'M. - SOUTHOLD ARM located on a parcel less than the code yard setback of 10 feet,3) less than LLC, #6 511 - Request for Varianc- and CELLAR, INC. (MEADQRI required minimum of at least 10 acres the code required bulkhead setback es from Article XV, Sections 280- f1-6-----861 - (Adjourned from 8/20/15) devoted to vineyard or other agri- of 75 feet, located at: 5218 Peconic I 64B&C and 280-63 and the Building Request for Variances under Article cultural purposes, located at: 15975 Bay Boulevard(adj.to Great Pecon- Inspector's June 9, 2014, renewed III Code Section 280-13A(4) & 14, County Route 48(aka Middle Road) is Bay) Laurel, NY. SCTM#1000- February 23,2015, amended Febru- and Article XXIII Section 280-124 and 7495 Alvah's Lane Cutchogue, 128-2-22 ary 2015 Notice of Disapproval and the Building Inspector's April NY.SCTM#1000-101-1-14,6&14.4 11;00 A.M.-JUJAX PARTNERS, based on an application for building 9, 2015, amended June 19, 2015 10;00 A.M. • STEVEN and AN- LLC. #6891 - Request"for variance permit to construct a commercial AMENDED September 10, 2015 DREA KOLYER#6860-(Request to from Article II Section 280-9A&B building for an electrical contrac- Notice of Disapproval for a building WITHDRAW by letter dated October and the Building Inspector's Notice tor': yard, at; 1) less than the code permit for conversion of an existing 2,2015 by the applicant) (Adjourned of Disapproval dated September 8, required average front yard setback building to a tasting room and con- from September 3,2015) (Re-opened 2015 based on a building permit ap- of 16 feet,2) less than the code re- struction of a new winery building, by Board Resolution due to error in plication for lot recognition, at; 1) quired minimum rear yard setback at:1) (winery building)less than the Notice of Disapproval) Request for subjectparcel is not a recognized of70'feet,3 code required minimum setback of Variances under Article III Code tat located at: 1975 SoundgView- more than then odedallowed rmaxi-- 100 feet from a major road,located Section 280-14 and the Building In- Avcni:e(adj.to Long Island Sound) mum of 60 linear feet of frontage , at: 860 Old North Road Southold, spector's March 9,2015,Revised July ;=;:;itituck,NY.SCTM#1000-94-1-11 on one street,located at:620 Corwin NY.SCTM#1000-55-1-7&8.3 20,2015 Notice of Disapproval for a I1:15 A.M. - PAUL ROMANEL- Street Greenport,NY. SCTM#1000- The Board of Appeals will hear building permit for a subdivision, at: 45-2-44 2 all persons or their representatives, Proposed Lot 1-(lot 10)-1)less than x desiring to be heard at each hearing, the code required minimum lot size of 1==rQN�ItACT'31-VENDEE (ROB- 62;00 P.M.-ALLISON LATI>(A}43 and/or desiring to submit written 80,000 sq.ft.,2)less than the code re- Ifi#•1� and CAROL BOHN) #6892 #6889-This is a request under Sec- statements before the conclusion of quired minimum lot width of 175 feet, - This is a request under Section tion 280-146D for an Interpretation 280-146D for an Interpretation of of the Town Code,Article III, Sec- each hearing. Each hearing will not Proposed Lot 2-(lot 9)- 1) less than the Town Code,Article VIII,Section tion 280-14, "Bulk Schedule", a start earlier than designated above. the code required minimum lot size of 280-38A, "Permitted Uses", appeal- pealing the BuildingInspector's Files are available for review during 80,000 sq ft,2)less than the code re- pp " regular business hours and prior to quired minimum lot depth of 250 feet, ing the Building Inspector's Septem- September 10,2015 Amended Notice located at 4075 Paradise Point Road ber 15,2015 Notice of Disapproval; of Disapproval regarding number of the day of the hearing. If you have (adl to a boat basin) Southold, NY. applicant's business "Suffolk Secu- uses proposed on property located questions, please contact our of- it " is not a contractor's business, at: 860 Old North Road Southold, face at, (631)765-1809, or by email: SCI 100Q-81-1-1Q.1 NY.SCTM#1000-55-1-7&8,3 Vicki.Toth@Town.Southold.ny.us. 70:2:2 0 A.M. -7850 MAIN ROAD located at:50300 NYS Route 25(aka Dated:October 5,2015 LI,C d/h/a THE BLUE INN at Main Road) (corner Jockey Creek ZONING BOARD OF APPEALS !NORTH FORK.#6675-Re-Hearing Drive) Southold, NY. SCTM#1000- KANES WEIS- per Board Resolution based on Con- 70-2-15 E MAN, LESLICHAIRPERSON dition#13 in ZBA amended decision 11:30 A.M. - PAUL ROMANEL BY:Vicki Toth dated September 4, 2014 - Request ; 1.I. CONTRACT VENDEE (ROB- ERT and CAROL BOIIN) 86890 54375 Main Road(Office Location) for Special Exception per Article 53095 Main Road(Mailing/USPS)Section 280-35(B) to expand i Request for variance from Article ( p.0.Box 1179 the current restaurant use to include i VIII, Code Section 280-38A (Per- being open to the public, enclose I mitted Uses), and the Building In- Southold,NY 11971-0959 existing patio and surround with a spector's September 15,2015 Notice 12475-1T 10/29 - ^_ - 3 1/2 foot wall located in a Resort of Disapproval based on an applica- Residential (RR) District, located tion for building permit to convert at: 7850 Main Road and Orchard an existing legal non-conforming Lane (aka Old Orchard Road) East real estate agent office to a contrac- Marion,NY. SCTM#1000-31-6-17.2 tor's business, at; 1) contractor's • -- business is not a permitted use,lo- .. cated at: 50300 NYS Route 25 (aka Main Road) (corner Jockey Creek Drive) Southold, NY.SCTM#1000- 70-2-15 BOARD MEMBERS ••i ��QF SOS Southold Town Hall Leslie Kanes Weisman,Chairperson �•' ' i00 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes tt #,*1 Office Location: Gerard P.Goehringer � G • . ` Town Annex/First Floor,Capital One Bank George Horning �� i® � 54375 Main Road(at Youngs Avenue) Kenneth Schneider =lycoUNT`l,�`���i� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 November 20, 2015 Mike Kimack 321 Riverside Drive Riverhead,NY 11901 RE: ZBA Application#6828 -Nappi Dear Mr.Kimack: Transmitted for your records is a copy of the Board's November 19, 2015 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, \ �� o `1 Vicki Toth Encl. Cc: Building Dept. ` e 6)e.e-if 8L-140 /40e6-),c=.7 -19- )sge),(-r:5 E 457:Ay sF, ciu E 11 i /I I h t)e F s633.E/304)1<A se3 -÷P-675, 4QT >/ s � bZ 'o--i2 Si-/ i ill -c co F c)-/S//S" Area vcvi oilIR/Is- 1 'e .eJ/. l/J L, Y -1a .2 a pd ��/See. F, FiE'o.e/TrgG E 19A/41 iii BOARD MEMBERS i,i�''�, Southold Town Hall Leslie Kanes Weisman,Chairperson i' &NWet 53095 Main Road•P.O.Box 1179 4 Southold,NY 11971-0959 Eric Dantes *[ c Office Location: Gerard P.Goehringer ; N t Town Annex/First Floor,Capital One Bank George Horning : � ,��i s% 54375 Main Road(at Youngs Avenue) • Kenneth Schneider =.4COU � ; � Southold,NY 11971 tee._., i•�� http://southoldtown.northfork.net �� ,aRECEIVED ZONING BOARD OF APPEALS 6.M pge/ /0:%(lTOWN OF SOUTHOLD F F ' 2015 Tel.(631)765-1809•Fax(631)765-9064eitaett MA, Q uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 ZBA FILE: 6828 NAME OF APPLICANT: Rick Nappi SCTM#1000-128-2-22 PROPERTY LOCATION: 5218 Peconic Bay Boulevard(adj. to Great Peconic Bay)Laurel,NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 28, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 10,890 sq. ft. lot in the R40 Zone District. It is improved with single family dwelling, accessory shed and is bulk-headed. It is accessed from a 15 foot right of way off the south side of Great Peconic Bay Boulevard, it has 88.79 feet on the north property line, 147.93 feet on the east property line, 103.79 feet on Great Peconic Bay and 178.31 feet on the west property line as shown on the survey dated June 19, 2014 prepared by Wallace T. Bryan LLS. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant proposes to construct additions and alterations to a pre-existing dwelling requiring variances for; 1.) a front yard setback of 33.5 feet where the code requires a minimum of 35 feet, 2.) a single side yard setback of 8.5 feet where the code requires a minimum of 10 feet and, 3.) a 55 foot bulkhead setback where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board reviewed evidence that the existing dwelling and boat house are pre- existing. Page 2 of 3—February 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Nonconforming bulkhead, front yard and side yard setbacks of one and two story dwellings are characteristic of this neighborhood. The dwelling has existed in its location since prior to zoning and the footprint will not change. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling pre-exists in its present non-conforming location and any proposed additions and alterations will require variance relief. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 33.5 foot front yard setback is not mathematically substantial, representing 4% relief from the code. The variance granted herein for a single side yard setback of 8.5 feet is mathematically substantial, representing 15% relief from the code. However, the pre-existing dwelling is not parallel to the subject side property line which creates a nonconforming single side yard setback to only a corner of the dwelling and this side yard setback increases along the side property line to a conforming setback. The variance granted herein for a bulkhead setback of 55+/- feet is mathematically substantial, representing 27% relief from the code. However, there are other dwellings in this neighborhood that have similar and lesser setbacks to the bulkhead. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing additions and alterations to a pre-existing single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried,to GRANT,the variances as applied for, and as shown on the Survey of Property prepared by Wallace T. Bryan, L.S., dated June 19, 2014 and the architectural drawings prepared by LPA Architects, LLP, dated Nov. 10, 2014. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other Page 3 of 3—February 19,2015 ZBA#6828—Nappi SCTM#1000-128-2-22 feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Schneider, Dantes. 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I LPA Architects LLP / tom =.. - --- --. __..:._. . . fi� � P.2 - www.lpa-p ans.c•m PLANNING. 14 : 1 .._. . •m_ t p EIV` �A N 6 1 _ :.:4i`1-'1 ns..: 1E.r4f'� la'4J.1 - .. ♦ 1 3 7 Grolier ,.. Was.ASS UP t3!4N!F �' �'�_tor lnW'u`ct T ttK�'+.I�..a+1.i..t'1,14' 7 • / it i tin-arum ' 17112 T! 1 SW2f 11 Fs 431 !I!MS /..'‘ * , MW I1 r1�KAfU,71rr 411. O'r M V11N,flrN .., .• rMv Wirt MAR til 4 1 4 .. 410 510r Ie(*NOV 1 0 2014 r--- . . e •-------- -- Pr**ore: SEP 2014 Sale: . AS NOTED N lea Ib11 it FINAL MAP Pm*. 028 Job: Omsk REVIEWED BY ZBA _ NAPPI atir SEE DECISION # (RRV DATED_ / / 14' E`4 P00 � GD�\G �P PC- EPS I G� 0r P a w 3/ • In 1 I- i o o OF COONS • 1 0 o R104' , mr NOS OF ,' $819' • t..0° - - • W y, • �NCE• I 1 80• bIllr • I ; j ,:t t. V>I17"--. 0rl `9E'S s � • O ILa 1- I• oo co`'�'Sw°�e�• m� u. N 0 0 =0 — dkc,4-.\ #V, ,, ,-, (.)Z ^ IkJ ��` cp lb' � -c� N N a I a,5' o FINAL MAP ' �.,.4'w ��51� ` •\,�� , cc 4 REVIEWED 3 BY /o o c0-t �• s V 0z SEE DEC IO .� Z• g % 04,_ �+ 0 DATED l '�►•�e ti / / Z • • a J I 'I. . I a IL a = 0J 4• '*. W•t W 0 J0 . 0 Cr a J V, L. • 9 1 • lo 1x =• . I •� , S o N �, C r a TAX La 22 1 ' o ..._.______ .; o V) z 1 Z t4 1 .= M I • ,� 4 t c' es • ". • cA.,,,,,A • W N6 ,1/4)., �� Q ; ,, >>4 J .... • • ECEIVEL 0° _.,,x I..- N DEC 17 2014 /vw Q D`� P� ZONING BOARD OF APPEALS .. G ��0 �cP G �Q� THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. THIS SURVEY WAS PREPARED IN ACCORDANCE WITH THE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF PROFESSIONAL LAND SURVEYORS. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. NO OFFICIAL OF THIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILLAGE THEREIN, CHARGED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEPT OR APPROVE ANY PLANS OR SPECIFICATIONS THAT ARE NOT STAMPED. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. SUFFOLK COUNTY TAX MAP DIST: 1000 SECT: 128 BLK: 2 LOT: 22 MAP NO: DATE: Wallace T. Bryan f7 0 7, ,.,. F" T LOTS Licensed Land Surveyor 1 „ ��''..' �. ,. `�,' Qx3 MAINTAINING THE RECORDS OF I Co ~ MAP OF: DESCRIBED PROPERTY BURTON, BEHRENDT & SMITH j, 1-2.'‘i:.,, r.ti LOCATION: LAUREL I 559 Middle Road. �' `,:h..r -::. .,� lee TOWN OF SOUTHOLD. COUNTY OF SUFFOLK, STATE OF NEW YORK �� w.,:;;,; ,;�� Bayport, New York 11705 ' SURVEYED: JUNE 19 , 2014 �,; car ,i CERTIFIED TO: RICK NAPPI (631) 472-1770 \,-,..(),,,L1 f FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK SAFE HARBOR TITLE AGENCY, LTD. TITLE # SH 1 45897 Fax 472-1771 SCALE: 1 " --=30' FILE NO: 14-223 1, !. _ . , . , V,KN 4 6 • ,,„„ ,„........... OFSOUI , • i k' OFFICE LOCATION: �� 0�\ y0e \ MAILING ADDRESS: Town Hall Annex �� ~ P.O. Box 1179 Ni ; L 1 Southold, NY 11971 � 54375 State Route 25 (cor. Main Rd. &Youngs Ave.) co g G ���, Telephone: 631 765-1938 Southold, NY 11971 !'OOUNf`I,�" ' '•_... 01° LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM /-`‘,N! r� 'r V'" BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date January 28, 2015 Re: Coastal Consistency Review for ZBA File Ref. RICK NAPPI #6828 SCTM# 1000-128-2-22 RICK NAPPI #6828 - Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-22 The propos'ed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies and therefore CONSISTENT with the LWRP. • • 3 Woritl•United States•NY•Suffolk Co•Southoltl .. ! O .G0 4, 25tee. :a r; 1 6tn "y, Figure 1. Subject parcel. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney RECEIVED JAN 282015 BOARD OF APPEALS `,ceL ett- • 4110 ,OUNTY OF SUFFOLK RECEIVED •/i v; L ' r IAN 0 6 2015 45, Steven ne `�� SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS Department of \.Y1 Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment December 29, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number 115 Commerce Dr. LLC/2232 Rose Bnok Farm LLC 6823 Estate of William Wood Jr. 6824 Nikolakakos, Stelios & Penelope 6825 Teperman,Lewis 6826 Pavlou,Andreas 6827 Nappi,Rick 6828 860 Bayview Drive LLC 6829 Turner, David 6830 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 10 OR/6/4/41-5" FORM NO. 3 �e TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT DEC 1 7 2014 SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: December 3, 2014 TO: David Jannuzzi Esq. (Nappi) PO Box 1.672 Mattituck, NY 11952 Please take notice that your application dated November 24, 2014 For permit for additions and alterations to an existing single family dwelling at Location of property:5218 Peconic Bay Blvd., Laurerl, NY County Tax Map No. 1000—Section 128 Block 2 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 10,890 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet and a minimum single side yard setback of 10 feet. Following the proposed construction, the single family dwelling will have a front yard setback of 33.5 feet and a single side yard setback of 8.5 feet. In addition, the proposed construction is not permitted pursuant to Article XXII, Section 280-116B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75) feet from the bulkhead." The proposed construction notes a setback of+/- 55 feet to the existin g bulkhead. A o 'zed Signature Cc: File, ZBA • • qP/(,l,v,ia� <ECETVEL% DE I. 1 7 LU ill Fee:$ Filed By: Assignment No. ZONING BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.5.2/8 StreeW-C6V/C BAY l'LY/2 Hamlet t, 1uR 'L SCTM 1000 Section/ZR Block 2 Lot(s) 22 Lot Size Zone, 4 0 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING I SPE TOR DATED 0FC.12d/9l BASED ON SURVEY/SITE PLAN DATED 6/19/26/4 Applicant(s)/Owner(s): i/Cly /V.s PP/ Mailing Address: 5—,e4s9 7/t.f ON PL C, Liswe (�/LO2/E� /1/y Telephone:l76 V9/fOef Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: f),q1//D T(r/=p (/il,ar/ZZ/ for X)Owner( )Other: Address: !.4'23.5' /WA/A'1W1 /9D 9d2( `672 M rtirOVI/A/Y //9. 1-2 Telephone: 6f/ 251R J1 fFax: Email: el AivivUzzI e./UV$.v6m✓-A7Xa//M' rev, Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 01J Authorized Representative, ( )Other Name/Address below: WHEREBY THEB ILDING INSPECTOR REVIEWED SURVEY/SITE P AN DATED /////7fi 01,0 and DENIED AN APPLICATION DATED /Z ,3/261 fFOR: ( 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.) Article:kX/L/XX Ill Section:280• _ _ _ Subsection: //6)31/z1 Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, Otj has not been made at any tie with respect to this property, UNDER Appeal No(s). q Year(s). /y (Please be sure to research before completing this question or call our office for assistan e) Name of Owner: ZBA File# • • REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): ZONING BOARD OF APPEALS I.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrim n to nea properties if granted,because: �'Q�(f fr'Qv ci/A/G /g rEC "Yo ,a 0A a r//iG Dui�[!/NG .44Y,D f �4 CH.4 ,E rUN .c!y Z it �//lLL /✓dT /b�'oUU C� �/✓ O� 72>z itigarlaraehear. 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:Coti-M,Ydr RE x�A^,,0k/2,0,1/PEP G,(0,a, pyy,q�✓ ��S }moi Jt�,OCIJ•�CLI N/ IJVIT/1 tJ, T��Jj V/OLA-/101✓ OF FIVEtXlprING ,o oy-pp�iv�'' f/y,� CX WTAM ffl�ziap29 J'Ersc��s '�� aN �L 0C t 1I//2 VOirrl t111L)/Air 4 JCdN� i&LOGYZ A- 3.The amount of relief requested is not substantialbec g E 1-0U r�,� OX/17-/A/6 per, L/�yljf rA W0049 46;5 NO C04164/1/0 � (, Coo 77,e/Nr fiCw FOR Th 6E /FE/l o ►/AGoff' f 97 F/Zo/ 72,14Eop OtS) I"L� cal' fr 412 a4'/2 4N '¢r '-YD 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ,¢- 4.5eoNo FLDCtI2 Gv197 GN "0-1? AWE aortae/A/iv- �G are. �%,P pl�//`10N�L- .�vL� in F/h'/i'/W 1VE JV . C oNO/crier /A/ > NeIGhliviithvop 5.Has the alleged difficulty been self created? le Yes,or { } No Why: Are there any Covenants or Restrictions concerning this land? NrNo { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. • Signature of Applicant or Authorize. ..ent (Agent must submit written Authorization from Owner) Sworn to before me thisay of a,C/ ,20 7ti(ad •1 2,I S Notary Public MICHAEL A.KIMACK NOTARY PUBLIC,STATE OF NEW YOU Registration No.02K15056823 Qualified in Nassau County Commission Expires March 11,20111 • . ar/G/4/46— APPLICANT'S PROJECT DESCRIPTION APPLICANT: /PI Cie A//9P71 DATE PREPARED: /Z/WA G/¢ 1.For Demolition of Existing Building Areas Please describe areas being removed:XS/y UAL KO o, 0/7-45e/4'Z 1f1P/.V6,, 1 7J'AA/0 WND Qvl'S. M'f Jt e Gt1J 5 CEJL/NG,/Gi rr),' i, BAP!/,edit, /M/Jt rlav GV`l11A/O1 Pt 1118/')6, ?grocer.OA/D Ur".(U/7 .s'mit o f Oxisr/i. o i'ir /LYL IT.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Na1VL Dimensions of new second floor: 28?-64'X 9O!D4(7.31,21per//p tz'/fd X 9'Oi1(/J4fr,) Dimensions of floor above second level: A/D4. Height(from finished ground to top of ridge): 33 GST Is basement or lowest floor area being constructed?If yes,please provide h�ei ht(above ground)measured from natural existing grade to first floor:/I/O:fX/IT/JVG 46173W III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: /rQ/Zy CD)07,9(. Jl YLL dWUEIL/A/6 Z1/W4 ' av gar ri MAW/We& vi Number of Floors and Changes WITH Alterations: ,4 ) C DAd/) /00L IS'mcn1 2 lb Air / ppR9 Av4 IX/Jy7N6 Aar,"Actoa/Z. / ,VA r 1' IM'AWMI -.6P WIPE NfjU 6crk-A a/2 Gl//N,000115; PeOier 4me,f/Df V& IV. Calculations of building areas and lot coverage(from surveyor): /J Existing square footage of buildings on your property/jgj/V j/GY/Sf-'//4O Fr/.f`liFV! / 7 33 MFT Proposed increase of building coverage: Nat/4 Square footage of your lot: /3 4f7 I/-,'/2j-1.30.54)9' Pytt D/7 ALL 1� Percentage of coverage of your lot by building area: 0.,/05" °f0 4/— V.Purpose of New Construction: SD eP 37-4(7.6. p CoN/rAteore /A/77, 60/r 44b 1-14)1 / Ofili co/IPA-y/84E E f rVE U V/N6 i I.'/-//D$' FF. PWE laW1 aW691.S' VI.Please describe the land contours(flat,slope %,heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): flA cue:L!/XG D-0 gj g1IAg/74 is' !..//Q lYGvO D12ZP ON .6 N?/2.7W ripe AVAP ero.Eiv Eitati pI,1Ah�OL. E BU ciehlfop Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. ,6P(e)? 4/2012 RECEIVED DEC 17 2014 ZONING BOARD OF APPEALS • • QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes )( No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 5/55' 2.)Are those areas shown on the survey submitted with this application? YI,r 3.)Is the property bulk headed between the wetlands area and the upland building area? YDS' 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? /1/0 Please confirm status of your inquiry or application with the Trustees:p4 P/AO OVA/ Z,gA pE72sefrimijoav and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /t/0 E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? ,ate Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? NO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Na If yes,please label the proximity of your lands on your survey. T. Please list present use or operations conducted at this parcel /P,Ff/, /1/10/}L7/,/1//Y&A/1/Ly and the proposed use RR1'/I7AV`7# t/j/,vA MIS" . (ex:existing single family,proposed:same with garage,pool or other) 111101 Authorized sign\re andc,pooC.q;? ? l or ot DEC 17 2014 ZONING BOARD OF APPEALS • • AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: D,¢I/ J7)DE'•TpAM1Ot / 2. Address of Applicant:�g13jr/LfjvA/OW, /tfiOr i CIL)!VY //9 s-2- 3. Name of Land Owner(if other than Applicant): �QIG 4. Address of Land Owner: .S/y/LN/Lro J/4 e4,L.b/!L OV4 NY 5. Description of Proposed Project: D,GY�'Qt/4 21p,4 , fAIA01/4r/a 1 AND i?,E/1d0 6 4=#7Z(7 R. IN Ns* ExiTva LIMOOu- DDDR'•A!✓l>1`/,t�i/V& 6. Location of Property:(road and Tax map number)524/PEC4V/C ".4Y,BLyW1 ow?"' /000-Ia.- Z- 22. 7. Is the parcel within 500 feet of a farm operation? { } Yes {)4 No 8. Is this parcel actively farmed? { } Yes '(l} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. a? 3. 4. RECEIVED 5. DEC 172014 6. (Please use the back of this page if there are additional property owners) ZONING BOARD OF APPEALS 9P.,/ / iti attire of Applicant 0 Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. S 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: UAW/REf,i vC€=,P,4/01441 Pala/JrtI& 4410.'2'2 ZAIPL4 o UE Project Location(describe,and attach a location map): 5W,PEca.w c SAY BLYI', Brief Description of Proposed Action:,6ti eye" Q oar/EXr np/NA poor; WmOsPIG 25 I pier/ 'curl/ f rzrr Z. /Nri.AZ/o1Z • rkw o',iG p-J 2rrr-L o OX Xe / 0OZ ADDITION W/OECX ,¢ND P. aim°ewr ppG !�P/P1NG /P�i'7� wizAtt1/1//11/49o_ilJSDA+' frWOH J' CDAWErti'A�/MOO. .4D.0 R fl--!!¢d /'a fT; AtyptijAys� .✓ iy 2c Aa 49.4-1--o0e/4 "17'5.1-42Q rr. Name of Applicant or Sponsor: Telephon%gj, ZvP ¢z/ phv/h TA✓�1/UZZJ E-mairAwAvai c NuNr-nvorav-aordri Address: «2;C— MAVIV .POS City/PO: State: Zip Code: NY /19fZ- 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit ora r va TOW.v PA.A1 OW 700, 1 ''l�.r� , `s' y A/14)Yoi&1r1)-T DEC 3.a.Total acreage of the site of the proposed action? a 305 acres b.Total acreage to be physically disturbed? --O— acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? Q,3DB acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial i(2esidential (suburban) o Forest 0 Agriculture ❑Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 (') DEL 1 7 LUi4 ZONING BOARD OF APPEALS i • 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? /)(` 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: po' ',rev/7E,� u ca t�lp 'm..' cjvti cr )C 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:EX/Jr/A/6 CIA/JITE .17 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? >( If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id ntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ❑ Wetland 0 Urban I 'Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? �( 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 0 NO YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe , 0 NO YES ISO, I ✓ � ��Y WEEL ✓YJ1VH y.'O b — aec vE' 6 .021p Page 2 of 4 OEC1 LS ZONING BOARD OF APPEALS • • 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: x 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: 1/ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n• • 1)")l D J v 2 J/ 'A 7'vDate: /Wif/// Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? ,,DECEIVED DEC 17 `�u�� Page 3 of 4 ZONING BOARD OF APPEALS • • No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) RECEIVEI? A%rbed Page 4 of 4 DEC 1 201 ZONING BOARD OF APPEALS • s APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : RP/Cie NAPPJ (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit )( Variance X Trustee Permit X Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP • G9 (9?9T ;, Submitted this day of ,20 ./ EGEIVEG Signature Print Name 04Alt OP( I ) ' '1°b ZONING 5OPAICI of pPPEP • • AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. r- YOUR NAME : Vit/ I J) TOM fittA0V (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply)Tax grievance Building Permit r7. Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood, marriage,or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP ic)v Submitted this S day of ,20 I CEN�G Signatureea • �� Print Name PM A Tubb, Sprout) 774 APPEALS ZONING F APPEALS BOARD O I AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : /7/Cj4A4 4/I./Jac (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit X Variance )( Trustee Permit )C Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO �( If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP CEIVEI) Submitted this /24day of PAZ. ,20 /4 nEc 7 2,014 Signature 7110 X/Aillad Print Name '/7/42 /a/`4 % ZONING BOARD OF APPEALS i Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVEDyI1.aa? B. DESCRIPTION OF SITE AND PROPOSED ACTION DEC 17 2220114 SCTM# /18 - 2 - 2Z ZONING BOARD OF APPEALS The Application has been submitted to(check appropriate response): Town Board r- Planning Dept. r Building Dept. Z. Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital r— construction,planning activity, agency regulation, land transaction) J (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: kit/410 J1 ROO/ pl'VG oto L PBHOI/T RierTF� /Ai/t/eve- 4Fjya,P7�L �fnrl ocy2, x/90 • 4 W//7GH/ w/l�, C1'• �t1��t/ iX1ZZ/4e a" ' �u�S,"was AAP�'1p>>I!G •#eicna1 tiein7N& CMJC. JY?J '/'die Oly C441 oC Gu�. 4D� yWt (z' c,F�G�/L 1Ei1'►VY �D P 'O/ I? D� �OlJf, R T L. , ZA0 73/.2C-4204z; ' (.1 - /1 O. ,S-rY'�/7 • • Location of action: 5Z/B PECONI C 5.4Y /3L V,17> L 21iRt/— Site acreage: /,� 457 . LP' 1 O.yr, ) Present land use: a /08 70 Present zoning classification: A9-4O 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Ruck /U4P / (b) Mailing address: .S/VI/f ,P C.L L41l45 6, 0v , NY (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? `(pow Yes I 1 No If yes,which state or federal agency? ,RECEIVED 72014 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III–Policies; Page 2 for evaluation criteria. Yes No 1571 Not Applicable / it/CV4TXJ.0 OF• Ait/D .4171/7)01.1 =A./ C,44,13, �Lo�On p� NG v G11 /4'c GLITZ 1.1Y/ A/o //1/'4cr ati corhti s17Y UWA-/MC1 12} CP A/ l�13q /�llC/z.¢JY/1UG Z COAJ)L L D car7ov a,e.4a1/ r�i F.,-crs' OF ,OEV, GPMIAJ/ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III–Policies Pages 3 through 6 for evaluation criteria r- Yes ' I No Not Applicable y Nene 4/24 A/O /Ur/721Jc at ,Q/t&4 MEOLO6/Ci9 L IW !',€Os' e / • - 12or • • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria H Yes H No Xi Not Applicable 7.4/E I OVdpW, J/AZ , Li, /?/oU Tv Jd.E , )01277A/6 p4UECL/A/6 waz mStv L/77Z D 4/40 //`t.oAte9- o v a 1</PU.QL 41U.4LilY 01t "Inc.; AND rirtgIVa se /N yV RR/G r-aF vW6 J?7ZL'Cra4.0 iV/4 NAVE .4 SUE& /A A /11P4-CT °Ai Pc,,WC Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria r Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria r Yes H No Not Applicable (1)?0? RECEIVED D E C 1 7 2014 .ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 7 Yes H Noi>11 Not Applicable • • Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. IX Yes 7 No d Not Applicable ?,.E "0,44 Com/ yr 42(//T/iJ #iAr/A/ t vrr. /' W/rhi A `100E�Lt1 £ .'?Wif/ JYfy van', .¢pAreivirZ 1N/MA-real/ /2 0 cE .6/1IPP/OVS Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. '- Yes f saI No Not Applicable 7,A J OL/D 60,497/76" 1772,E411 f lZD/'D.l -7 O i A Ali A 0 .� ! :% L _Aor,_ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. r- YeZ No.n Not Applicable TW'EiIE/f/7 /5 ,C7 A a viz AL DIV . 1,0PTg/2LY pi Wl2T1,/ /A/A- /�'✓ v / tW rAgE .e/(4f - AIW /2.11//ZA-i,L o At'GrA c- /v/-LAI A// rel-r-yv s. ,777, X 0. w. is ,L4/e. F0) RECEIVED Attach additional sheets if necessary DEC 1 7 2014 WORKING COAST POLICIES ZONING BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 7-1 Yes n No Not Applicable ! ! Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. r n Yes I I No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. r Yes — No Not Applicable wg 4 c NO A&)V CUL o7U/2J9L L,4M 9S //S/V OL V IA/ lr P,eeTE er Olt WI r' /!1f. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. H Yes No r,g Not Applicable RECEIVED DEC 1 1 2014 Created on 5/25/05 11:20 AM ZONING BOARD OF APPEALS • • Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, PiaC MAPA/ residing at (Print property owner's name) (Mailing Address) do hereby authorize if/Cele? ,4 ieiit 1!lC .4A4? (Agent)' to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Owner's Signature) 2C fJ4PQL (Print Owner's Name) FD, 0 L APPEA zONING g - ,/ \\ 10-02-00 ii R I CO 10-13-00 SEE SEC.NO 126 14 \ "' N 295282 Q61601 N217,9000749-01 5 MATCH _ UNE Q. /^0 .e\ 01-03-02 S FOR PCL.NO. \ ., \ SEE SEC.NO �\ O3 \ •.12504-024 23 �( \ 6. W , ,�_ i7 r• s , - , FOR PCL NO. s V / N r SEE SEC.NO. 4 C O / - 7 / � 125.04-024 25 1 3A(c) /l/ / 5 / t� / u• 2.7A(c) / 9. O7 •' ® `I N 294'82^ , / N 294,482 illit :44' /'N % . 7-1/ _i 1 - ,iiiitti; * / . / 111 W N -Z. * ' 44\ ''Il/ 77 /ham. ? 0 +4): N, ,,, 4X. / FOR PCL NO kl:/— � / • i •• ` el; J `� •Q / • SEE SEC NO / (` 1: ) O\ /i - ,25-04-024 23 / ` �C •)A\ /' • cs 46, O . p+ li atir . SEE INSERT'A' .{ _.._p—� �r OA_._._``-- / - �y\ ?\ \ ----- (IP •-• A /,. 21 A - E \\\ ,o, WH, -/atir Cr P �I �2 )I o I \ S 4 A ° 4... � i 90r 24 _ 308 ° • g�aEctmAn*15. ...: / . t4 1.1A till' \ •.o • /C7 b4. .4 / � -. 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CI • SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FROM BULKHEAD, SIDE YARD AND FRONT YARD SETBACKS 1. ZBA File: 5560 Approval to construct New deck located 69.8 feet from bulkhead 2. ZBA File: 5611 Approval of construction of additions and alterations to existing dwelling with front and rear yard setbacks less than 35 feet 3. ZBA File: 5804 Approval for construction of additions and alterations to the existing dwelling with a side yard setback of 10 feet instead of the code required 15 feet 4. ZBA File: 6578 Approval for reconstruction and addition to existing dwelling where the setback to the bulkhead is 30 feet and the single side side yard setback is 5.7 feet and the combined side yard of 20.16 feet where the code requires a total side yards of 35 feet. 5. ZBA File: 6291 Approval of construction of new single family dwelling where the single side yard setback is 8 feet rather than the required 10 feet and less than the total 25 feet reuired begR RECEIVED DEC j 2014 ZONING BOARD OF APPEALS 7'6.. C \"•;°j-g. VF }J �G t r O • , EGp `oP' +' �rM tS'h c 1-4.5 -`' ties e ie yov 0 / /13 P�o�a 0/ p =4,,\ o .= r . /,K. . ' �0 o/ }r f I 0/ 0 0 4 , y 0 r 0 / -,{ 0 ., \� \•,,r, / I ItECENE ,,, / ©EC 1 F1 2014 m 1 + ZONING BO— OF APPEAL Y 9r 0 Cr 6 i �. `f i W 0 w L' \ -., Al 0 3 '°.77 M, trh .. MAP LAND to, t M o Mau -H ' ..1.../1-.1V E.Y> r. T.()it i h Z 1� L.AURE�.. N /` TOWN or SOOT MOLD,N•�• i2.415 B- — i/' . 41 • W ; / F.-, + t m D • hid+,Nt-t•tsrt+ I, nom ~ ./ /1.16 S / - ;o'er P p • t^soc)• • • , ',. a�`N` ` Gur�fes cy'YC_I ed -to Inter- Lount t k Gua Tit rantee P�� 4 Mortg. Co. us sut.ve-,.,enci Jutie 30, t�.�58. n''( .r;.)ttco W. Va,i 1-1-4L0 '# H • • FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Certificate Of Occupancy No. Z13130 Date Jan. 15 THIS CERTIFIES that the building Cellar Location of Property X210 Great Peconic Bay Blvd. Laurel House No, Street Hamlet County Tax Map No. 1000 Section 128 Block 02 Lot 022 Subdivision X Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated May 6 , 19 8.3 pursuant to which Building Permit No. 12354 Z dated May 31 19 83 ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is Cellar Under .iq.4lzg Dwelling The certificate is issued to MAURICE JEZO (owner,lessee ar tenantt of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO N611609 eivei ) Building Inspector Rev.1181 AfV 6d7d? RECEIVED DEC 7 2014 ZONING BOARD OF APPEALS I- 2 • • — TOWN OF SOUTHOLD., NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE ...._•Jiille....a�., 1964 Appeal No. 669 Dated May 25, 1964 ACTION O1 THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Elizabeth M. Connors To Mattituck Appellant New York 4-6,f941 at a mectipg of the Zoning Board of Appeals onThursday, June 11, 1964 the .gggg� 1 was considered and the action. indicated below was taken nn your RtC tVED xl Request for variance due to lack of access to property DEC Request far a special exception under the Zoning Ordinance l` 2a�4 X) Request for a variance to the Zoning Ordinance ZONING BOARD OF APPEALS 1. SPECIAL, EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ..._..........•.........._.. Section Subsection paragraph of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:40 P.M. (E.D.S.T, ) , upon application of Elizabeth M. Connors, Mattituck, New York, for a variance and recognition of access in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 1000A, and the State of New York Town Law, Section 280A, for permission to divide lots with insufficient frontage and for approval of access. Location of property:south side Peconic Bay) Blvd. , Laurel, New York, bounded north by Peconic Bay Blvd. , east by A.H. Patterson, south byother land of Connors, west by B. D. Piquet. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would I(would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (o) The (hards•Aip created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building In.spector ( ) be confirmed ( ) be reversed, APPROVED u, 6 1q64 FORM ZB4INIFflar-7(... ZONING BOARD OF APPEALS airman Board of Appeal'l r- Barbara L. Carroza, Secretary 111 After investigation and inspection the Board finds that Elizabeth Connors wishes to divide a lot and to obtain approval of access. The Board finds that a gas line runs through the property, which would present a hardship when ready to build on the lot. The Board feels that a variance could be granted on this application, subject to restrictions for building on the lot. The Board finds that the access requested is accessible to fire trucks and other emergency equipment. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observe the spirit of the Ordinance and will not change the character of the district. Therefore, it was RESOLVED that Elizabeth Connors, Mattituck, New York, be granted permission to divide lots with insufficient frontage and be given approval of access, subject to the following conditions: Any house build on lots #1 or 2 'shall be a least 25 feet from the northerly line of the property, no closer than 15 feet to the southerly line of the property, no closer than 11 feet to the westerly and easterly line of the property as defined. * * * A'1 v 4.EcEnfEr :)E.�. a Z.014 EAIS ZONING 60ARD OF APP 12/12/2014 5218 Peconic Bay Blatt,Laurel,NY 11948 Directions,Location and M•ap MapQuest • Notes mapquest Map of: 5218 Peconic Bay Blvd . Laurel, NY 11948-1906 Mattt,ck Disci . Looret Loi,Li l j c Laurel' 9. , , 0ft tnapqueSt 500 [500m ©2014 MapQuest - Portions©2014 TomTom 1 Ter rhi I t r.' 02014 MapQuest,Inc.Use of directions and maps is subject to the MapQuest Terms of Use.We make no guarantee of the accuracy of their content,road conditions or route usability.You assume all risk of use.'Viey:,,e rns of;7,>0 REcriv DEC ftiaNG Fr. http://www,mapq uest.com/pri nt?a=app.core.c24cb4b5e1 c 143832895c648 1/1 1f•x :r „ ' a �' ttt • d' as' , Bay Biv5218 Pee ,„, E ( m u Googie-eaArtn Got earth meters feet 100 50 N9/'f'/ /le-5'/' -'1/C. -.. RECEIVED DEC 17 2014 F APPEALS ZONING BOARD 0 •e Iv \30O"1 4 C 0 APPEALS BOARD MEMBERS �'� `OS �,' O O Southold Town Hall Ruth D. Oliva, Chairwoman 'i�� 53095 Main Road 0€ Gerard P. Goehringer • ' `� C3 P.Ott9 Lydia A. Tortora w , • p tF 0 . Sout,Aorld,711971-0959 Vincent Orlando • y ++ (63 .)77;J ; 09 James Dinizio,Jr. �1 * $`a�++� Fax (631)765-'064�.(/� ,• SFJ or '--..� ZONING gpA�p�FAPpEA� http:iisoutboldto.nrn.northfork,net BOARD OF APPEALS RECEW 4- - TOWN OF SOUTHOLD a/,00P/h FINDINGS, DELIBERATIONS AND DETERMINATI! j , , MEETING OF AUGUST 2, 2004 Application No. 5560—John McFeely Property Location: 5900 Peconic Bay Boulevard, LaurelortfaldsM Clerk CTM Parcel Id: 128-2-9,1 SEQRA, DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 37,310 sq. ft. parcel is 94.66 ft. wide along the south side of Peconic Bay Boulevard and 445 feet deep, and is improved with a two-story frame dwelling with garage, as shown on the March 11, 1983 survey, revised April 29, 1985 by Young & Young, LS. BASIS OF APPLICATION: Building Department's May 28, 2004, Notice of Disapproval, citing Code Section:100-239.4E in its denial of a building permit application concerning an "as built" deck, for the reason that theconstruction is less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to obtain approvals for his deck that was rebuilt with an extension at the rear of his home. The 23.5 ft. by 15 ft. deck is noted on the applicant's site plan with a setback of 69.8 feet from the bulkhead. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built deck extension measures 4-feet x 24-feet on one side and 3-feet x 24-feet on the other. This extension is minor and will not appear out of character since a deck had already been in existence. ► ' • • Page 2—August 2,2004 ZBA No.5560—John McFeely �`.•.•✓✓ CTM 128-2-9.1 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The existing deck wasn't large enough for the application's growing family needs, so this minor expansion of the existing deck was the most logical. 3. The requested area variance is minimal with a 5-foot 2-inch reduction in the current code requiring 75-feet to the bulkhead. 4. The difficulty was self-created when the applicant expanded and reconstructed the existing deck without inquiring about local code requirements and restrictions. 5. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the. physical: or environmental conditions in this neighborhood which consists of single-family residences. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF.THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to GRANT the variance as applied for, as shown on the March 11, 1983 survey, revised April 29, 1985 by Young & Young, L.S., subject to the following CONDITIONS: The area of the deck with the roof shall not be enclosed at anytime, and the remaining open, unroofed deck area shall remain open to the sky. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva\(Chairwoman), Orlando, Goehringer, Tortora, and Dinizio. This Resolution was duly adopted (5-0) tS\ •(S)1C)-3L Ruth D. Oliva, Chairwoman 8/5/04 J Approved for Filing (O��0 RECEIVED DEC 7 2014 ZONING BOARD OF APPEALS • /11 OF FOL APPEALS BOARD MEMBERS �',O�' Co; Southold Town Hall Ruth D. Oliva, Chairwoman Gy 53095 Main Road Gerard P. Goehringer a • ` P.O. Box 1179 Lydia A. Tortora k �fi' Southold,NY 11971-0959 Vincent Orlando Tel. (631) 765-1809 James Dinizio, Jr. y�Oj X00'' ......ani �' Fax(631) 765-9064 http://southoldtown.northfork.net R�EQCEIIVED BOARD OF APPEALS 4';4 '—" •'W/(Pck TOWN OF SOUTHOLD JAN 7 2005 FINDINGS, DELIBERATIONS AND DETERMINATION c,. - Q " i1 MEETING OF DECEMBER 2, 2004 Southold Town Clerk ZBA Ref. 5611 —Salvatore and Margaret Detrano Property Location: 5388 Great Peconic Bay Blvd, Laurel; CTM Parcel 128-2-14. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,070 sq. ft. parcel is improved with a two- story frame dwelling and detached garage as shown on the January 16, 2003 survey prepared by Barrett, Bonacci & VanWeele, P.C. The property has frontages: (a) along a 15' wide dirt road along the western edge, and (b) along a 10 wide right-of-way easement along the eastern edge of this lot. BASIS OF APPLICATION: Building Department's August 24, 2004 Notice of Disapproval, citing Sections 100-242A and 100-244B, in its denial of a building permit to construct proposed additions with alterations to the existing dwelling. The reason stated in the disapproval of the new construction is that there will be an increase in the degree of nonconformance with front and rear yard setbacks at less than 35 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, persona) inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct additions and alterations to the existing dwelling. The easterly setback is proposed at 20.5 feet and the westerly setback at 21.75 feet, at its closest points to the property lines, as shown on the preliminary plans prepared by Boulveard Planning East, P.C. dated 8-12-04. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicant's property is a long, narrow lot, accessed by a private right-of-way, which serves as the front yard property line. The proposed additions will be in keeping with the scale and character of the neighborhood. RECEIVED i,,g,16 DEC 1 7 2014 ZONING BOARD OF APPEALS '• • • Page 2-December 2, 2004 i File No. S. and M. Detrano CTM Id: 128-2-14 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is extremely narrow and the front and rear yard setbacks of the existing dwelling are nonconforming. Without variances, the applicant would be unable to create any additions to the existing dwelling. 3. The variance granted herein is not substantial and represents a 12 ft. +- reduction in the existing front and rear yard setbacks. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the preliminary plans prepared by Boulveard Planning East, P.C. dated 8-12-04. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. I , Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehrir4er, Tort()/ ort( , ad D'�izio. (Member Orlando was absent.) This Resolution was duly adopted (4-0). ! ' Vincent Orlando, Acting Chairman. 12,27004 Approved for Filing I 11163.k2 RECEIVED DEC' 1 7 2614 ZONING BOARD OF APPEALS ' (:er l.fJ.: Lpn • S ino,r.clr.•1 . 4cr, 5,ynify Choi this p:C,Uf the hereon describe() Y'U er! i9 0 1'Je�,-,. r n ,-r Survey mono nn3 p,r,t'ro ,der p Y .O e.' 'e L'0SE 'r J •S''.t Asruaot,on of F'•a Cr..r,.;r,,a !onn S. d1roAl,an ,n oeeo•do„ee ,i;n the rim Uny InCbe of per Pno rot Lura $v•,re,o•5 0, 'he +,:, . 6",t,• oenfAr 10 IN. tale >n.r pyn '•Vey,:(pm S o Onm(ce di. shall not/ the per,en Co,fpwhop Inn S0r,•ey is Cr 0-, •,, c,:0 cr f••,,, t, reor, '1's not 0 :4r'C:::","Q of Crgr-.e 7°.'i...1 0n o9 Qr y and :e�di,-g .nst,lu!,on ,fisted CO,Ighcreh: n:,s ,C ',CA '01 C ono CO1'- ••:.' r.ora•or'1 Or svbseovenf o..nr, of t'�'°• 70nin ry pr 4led0,++ ',O'r. gnQ,rnt)erON Cee CBrt,h:Ol'O^s n,C no! :rOnsferaJin 0 C:.'J„V , .,ilv i,p 44 ``G NONUOUNDMNr r F ...((( Q J Nh �0 jv03 / ID P�O / ,, OF04 0111/4 �Rl. 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LOT:__ LQOD../3.d'.. / U BLUCK: —�•• REVISIOIVS: . 7 MAP OF: DESCRIBET) RPER Ty ._._._._._.—----...._ /'�` PO FILED:— —'NO. -- _CO3 S_UF_FO_L_K__ SITUUATEO LAUREL TOWN_OF SOU_THOLD_____ 41ECEIVI L,, , CERTIFIED TO. —TITLE NO.: 60359082 • PARAGON ABSTRACT, INC. n FIRST AMERICAN TITLE INSURANCE `' ] tutt��, i' COMPANY OF NEW YORK ,:OB N!;.: .4030040 SAL AVATORE DETRANO --- __ MARGARET PETRANO ZONING BOARD 0 At"ur>.aY 16, 2oo.' OR,A.V.R. c.i W ,'8 SCALE. 1" .30' p157, 1i00 5EC :28 81.K.2 t_07 'a _____ __ -- '-- - -- - —•--__- —..... — ._---_ ..•..i. DA l3',a031 ,ti'tiv'_ Oi4.ta;U : :n;„ ,. e',01/22;;,nj 12 07.1,N.I, 13•„b, o-..1.C•JhdCC S 1/51'Wp@Ie , oyN •0''�S�FFOl - Office Location: ••14 ,0� C'QG Mailing Address: • y. Town Annex/First Floor,North Fork Bank t y 53095 Main Road 54375 Main Road(at Youngs Avenue) : 15 ,f$ P.O. Box 1179 Southold,NY 11971 ;,4' �a0. ," Southold,NY 11971-0959 ... Is •/77. so http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS °l- .. T WOF V +I. JAN3 0 TOWN SOUTHOLD X 3 1 4,T,a, .' Tel.(631)765-1809 Fax (631)765-9064 egliza4Q. Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION + ECEIVE rg? MEETING OF DECEMBER 27, 2005 CUA ZB File No. 5804— MONTE and CAROLYN REDMAN7 2pj DEC Property Location: 4510 Peconic Bay Boulevard, Laurel CTM 128-4-21 ZONING BOARD OF AppEALS SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 42,601 square foot parcel has 100 feet along Peconic Bay Boulevard and is improved with a two-story, single-family dwelling as shown on the January 29, 1986 prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: Building Department's August 29, 2005 Notice of Disapproval, citing Section 100- 244, in its denial of an application for a building permit to construct proposed additions and alterations. The reason stated by the Building Inspector in the denial is that the new construction will be at a side yard setback of 10 feet, instead of the code-required 15 feet, and at 15 feet for both side yards (total combined), instead of the code-required 35 feet total. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an interior conversion of part of the existing garage (addition and alterations) 9'3" by 19'6" and for a new 4' x 10'8" step area, replacing the previous steps, all as described on the plan date-stamped October 31, 2005 and November 17, 2005, prepared by Leo Pyzynski, Architect, Although the Building Department notes in the Notice of Disapproval that the side yard setback will change from 14 feet to 10 feet, the only change is a replacement of the step area with a 10'8"x4' step area. The setbacks to the dwelling will be unchanged, maintaining the existing 14 ft. on the east side and 5 ft. on the opposite side, for a total 19 ft.combined side yard setback area. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entrance is proposed to be rebuilt with a new side door flush with the side of the existing home and interior renovations. The porch area is 4'x10'8", and does not change the existing nonconforming setbacks that have existed for years. 1 jill Page 2-December 27,2005 1 ZB File Ref,5805-Monte and Car Redman CTM 128-4-21 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, The home has existing in its current location with nonconforming setbacks for many years, and any major alterations or addition would not be permitted without a variance in these areas. 3. The variance granted herein is not substantial. 4. The difficulty has been self-created in that it is known that the setbacks for the existing dwelling have been nonconforming. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Most of the Peconic Bay area in Laurel has similar conditions and buildings with preexisting nonconforming setbacks. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of interior alterations and minor entrance, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the plan date-stamped October 31, 2005 and November 17,2005, prepared by Leo Pyzynski,Architect This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). U2S. Ruth D. Oliva, Chairwoman 1/2r/06 Approved for Filing RECEIVED DEC I 7 2014 ZONING BOARD OF APPEALS • S BOARD MEMBERS ,• ' "' Southold Town Hall Leslie Kanes Weisman,Chairperson �•'��0f SOIi;i 53095 Main Road •P.O.Box 1179 •James Dinizio,Jr. �� l4 Southold,NY 11971-0959 Gerard P.Goehringer ; ; Office Location: G Q 1�� Town Annex/First Floor,Capital One Bank George Horning = �0 ,�a�O��I 54375 Main Road(at Youngs Avenue) Ken Schneider Az_ ��.`ett' Southold,NY 11971 • Q,2 http://southoldtown.northfork.net RECENE' fu ZONING BOARD OF APPEALS A9\ TOWN OF SOUTHOLD RE MED �E Tel.(631)765..1809• Fax(631)765-9064 ZONING B ,132,4e4,,e24„ OARD Of APPEALS CT 2 3 FINDINGS,DELIBERATIONS AND DETERMINATIONSouthold Town Clerk MEETING OF OCTOBER 18,2012 ZBA FILE: 6578 NAME OF APPLICANT: Alan Fidellow SCTM#1000-128-6-1 PROPERTY LOCATION: 4030 Great Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 19, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 22, 2012, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review, The proposed new septic system is recommended as CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one and a half story dwelling with attached deck, an accessory structure, shed and a framed bath house. It has 108.10 feet on Great Peconic Bay Blvd., 535.69 feet along the eastern property line, 118.57 feet on Great Peconic Bay and 551.46 feet along the western property line as shown on the survey dated August 16, 2011 last revised August 14,2012 prepared by John T. Metzger,LLS. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B) and Article IV Section 280-18 based on an application for building permit and the Building Inspector's February 17, 2012, amended August 16, 2012 Notice of Disapproval for partial demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the minimum side yard setback of 15 feet, 3) less than the combined total side yards of 35 feet. RELIEF REQUESTED: The applicant requests variances to partially demolish, reconstruct and add a second floor addition to the existing dwelling with a bulkhead setback of 30 feet to the as built deck where the code requires 75 feet, a single side yard of 5.7 feet and a combined side yard of 20.16 feet where the code requires 15 feet minimum side yard and combined side yards of 35 feet. 4111 • Page 2 of 3—October 18,2012 ZBA File#6578•Fidel low CTM 1000-128.6.1 ADDITIONAL INFORMATION: At the hearing on July 5, 2012 the Building Inspector was asked to clarify if this application was a total demolition and reconstruction or a partial demolition, and to address the history of the as built seaward deck and its setback from the bulkhead. The applicants were also asked about these two issues, The Board requested an Amended Notice of Disapproval be obtained stating that the permit requested was for a "partial demolition, reconstruction and addition" and citing the bulkhead setback from the rebuilt deck in addition to the setback of the dwelling from the bulkhead. Based upon the amended 8/16/2012 Notice of Disapproval the Board decided, by unanimous vote, to reopen the Public Hearing. . The Board received a letter dated October 1, 2012 from Joseph Fischetti P.E. explaining that the additional weight of the proposed second story addition will have no adverse impact to the existing upper and lower bulkheads on the subject property. The Board also received a letter dated August 2, 2012 from Donald G. Feller, RA stating the soundness of the existing foundation and first floor to support the proposed second floor addition. AMENDED APPLICATION: During the first hearing, the applicant was asked to address the "as built" seaward deck, which is closer to the bulkhead than the existing dwelling, and the extent of the proposed demolition. On September 4, 2012, the Board received an Amended Notice of Disapproval dated 8/16/12 stating the setback of the as built deck to the bulkhead as approximately 30 feet and the permit applied for as a "partial demolition, reconstruction and addition", FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012 and October 4,2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law267-b(3)(b)(1) —§ j.. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, provided that the proposed first floor renovation and new second floor addition can be accomplished without the need for a new foundation, demolition of the first floor, or land disturbance to the bluff area. The Board recognizes that most of the dwellings along this section of the bluff do not have conforming bulkhead setbacks, However, the applicant's dwelling is one of only two that is located entirely within the 75 foot required bulkhead setback and, should a new foundation or first floor demolition be required once construction commences, then the applicant must reposition their dwelling with a greater bulkhead and side yard setbacks to better conform to the character of the neighborhood and the code requirements, 2. Town Law 8267-b(3)(b)(2) The benefit sought by the applicant cannot he achieved by some method, feasible for the applicant to pursue, other than area variances, as applied for. However, should demolition be necessary, the applicant can create a greater setback from the bulkhead, as well as more conforming side yard setbacks. 3. Town Law 8267-b(3)(b){31 The variances granted herein are mathematically substantial, representing 51% relief from present code requirements for the existing dwelling setback. Additionally, the single side yard setback at 5,7 feet represents a 62% relief from the code and the non-conforming total side yards at 20,16 feet, represents 42% relief from the code. The bulkhead setback to the rebuilt deck of 30 feet represents an approximately 60% reduction in code requirements. However, the location of the as built deck and existing footprint of the dwelling will be maintained and both have existed in their present non-conforming locations since the 1950's. 4. Town Law While significant evidence was not submitted to suggest that the variances as applied for will have an adverse impact on the physical or environmental conditions in the neighborhood, the Board recognizes that when demolition and new construction takes place on parcels fronting on theREP lY econic Bay, greater conformance to the code by increasing the setbacks of dwellings from the bulkhead is gsvilal tot the protection of both private property and the bluff. The applicant must comply with Cha lr�2atlie Town's Storm Water Management Code, ZONING 1301%Ru OF APPEALS • • Page 3 of 3—October 18,2012 ZBA File#6578 Fidellow CTM: 1000.128.6-1 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant's family purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b, Grant of the requested relief is the minimum action necessary to enable the applicant to enjoy the benefit of a reconstructed existing home with new second story e reconstructed in place and in kind without demolition, while preserving sand protecting that tt e charache first ter of try can he neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Dinizio, and duly carried, to GRANT: the variances as applied for as shown on the survey by Peconic Surveyors dated August 30, 2012, and building plans, titled "existing conditions at the Fidellow residence" dated July 24, 2012, revised August 2, 2012 and the"as built deck plan"dated 9/4/2012 prepared by Donald G. Feiler, Architect. CONDITIONS. 1. The applicant or their builder/agent must call the Building Department to schedule a mandatory inspection by the Building Inspector once the existing roof and second floor system have been removed, and prior to any further construction, to ensure that the existing foundation and first floor of the dwelling are able to sustain the load of the proposed second story addition, as applied for. 2. Upon inspection as per condition number 1, if the Building Inspector determines that additional demolition and re-construction/construction beyond the scope of this decision is necessary, a Stop Work Order must be issued and the applicant must return to the Board of Appeals for further consideration as to whether they may leave the dwelling in its present location or be required to move the dwelling to a location with more conforming bulkhead and side yard setbacks. 3. The deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de min imis in nature for an alteration that does not increase the degree of nonconformity. rote of the Board: Ayes: Members Weisman(Chairperson), Dinizio,Schneider, Horning. Absent was:Member Goehringer This Resolution was duly adopted(4-0). oto?a? RECEIVED Leslie Kanes Weisman, Chairperson 1 ( 0t Approved for filing / /2012 ZONING BOARD OF APPEALS • • Office Location: /o"$*QF $OIJ/ . Mailing Address: Town Annex/First Floor,Capital One Bank , !O p #t 1111� 53095 Main Road 54375 Main Road(at Youngs Avenue) ,� P.O. Box 1179 Southold,NY 11971 �� .r �O Southold,NY 11971-0959 Y'fe JMTY��;•'.° http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 Fax(631) 765-9064 FINDINGS, DELIBERATIONS,AND DETERMINATION MEETING HELD JULY 21, 2009 ZBA File#6291 -JOE RUGGIERI &RONNIE RUGGIERI by John Ruggieri Property Location: 3690 Peconic Bay Bouelvard, Laurel CTM 128-6-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY DEPARTMENT OF PLANNING: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact, PROPERTY FACTS/DESCRIPTION: The subject property is a 15,368 square foot parcel in an R-40 Residential District measuring 106 feet along Peconic Bay Boulevard, 205 feet on the south/west side boundary, 215 feet on the opposite side boundary, and 99 feet along the rear boundary as shown on the September 29, 2008 survey prepared by Nathan Corwin, Land Surveyor. The property is improved with a new single-family home under construction. BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on an application for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concerning a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-required minimum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks. The survey along with a personal inspection indicates a one-car garage is inclusive in the construction, with a proposed porch on the easterly side of the home, TOWN CODE CHAPTER 268 (formerly Ch. 95) LWRP DETERMINATION: This application is exempt under Town Code Chapter 268-3(F) because the granting of the area variances in this application is not related to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA. geCEIVE'° Agd? OEC .. \ 13, ZOt U4G BOARD O� APPEALS .• • Page 2—July 21,2009 ZB File No.6291—Joe Ruggieri and Ronni Ruggleri(by John Ruggien) CTM No,128-6-6 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The setbacks are nine (9) feet (garage as exists) on the westerly side yard and on the easterly side at eight (8) feet, for a total combined side yard setback of 17 feet. The proposed 210 square foot unroofed side porch will also increase the lot coverage by 1.4% over the code limitation of 20%, resulting in a total lot coverage percentage of 22.8 for all construction areas (existing and proposed). ADDITIONAL INFORMATION: During the public hearing, the father of the builder testified that the reason for the one car garage and the proposed deck/porch was related to medical conditions, and to drive his car into the garage in order to enter the home, as well as the need for a deck to enjoy the outside of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 6267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are requesting a proposed 23.3 ft. by 9 ft. side deck (unroofed,open to the sky) which increases the lot coverage by 210 square feet(or 1.4%over the existing construction lot coverage of 21.4%), and reduces the side yard setback to 8 feet. The applicants new one-car, one-story garage has received a building permit, however, the new construction does exist with its encroachment into the side yard, and the 9 ft. side yard setback caused by an inaccuracy of the builder or the surveyor, and has already increased the lot coverage. The applicant's lot is preexisting with an area of 15,368 square foot,significantly nonconforming, and is noted as the last remaining residential building parcel in a subdivision created approximately 35 years ago. The shape of the lot and the applicants building envelope does not provide a conforming rear yard location, and the layout of the house on this odd-shaped lot logically suggests a side deck. The side yard offers more privacy for a deck. The immediate area consists of primarily one-family homes and similar nonconforming lot sizes, as well as similar setbacks and code nonconformities, some pre-existing and others with variance approvals in previous years. In addition, setbacks for the proposed construction in other areas will conform to the Code. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. A small side deck cannot be added on this nonconforming sized parcel without increasing the lot coverage. Also, the building envelope does not permit a conforming rear yard location, and the layout of the house logically suggests a side deck. 3. Town Law 6267-b(3)(b)(3). The variance requested in relation to lot coverage is not substantial for the addition of 210 square foot for a deck on this 15,368 square foot lot. The variances requested in relation to the setbacks are substantial. RECEIVED fr DEC 20 ZONING BOARD OF APPEALS . • Page 3-July 21,2009 ZB File No.6291-Joe Ruggieri and Ronni Ruggieri(by John Ruggied) CTM No.128-6-6 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created insofar as it is based on the westerly nonconforming side setback and new construction for a single-family dwelling with attached garage, that cannot now be changed. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are no natural wetland protective resources, and the applicant will be adding leaders and gutters as per code. 6. Town Law§267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy a new side deck (and part of the existing garage), while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the February 6, 2009 survey prepared by Nathan Taft Corwin NI,licensed land surveyor, and shown on the Plans A2 and A3 prepared by John Fokine, P.E. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when Involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer(C an), Sim. , Weis , Schnei.-r. This Resolution was duly adopted (4-0). c- - P. Goehringer,Chairman •proved for Filing 7-27-09 193�� RE EIVE t- REc,EWED - OEC 7 '1054 �U�J 9 . 5 Cr�G `�'1e7���'a ZONING BOARD OF APPEAL SOuthold Town Clary .... . - .•-...„,,, N.- :War • • eirry',10 • 1 ipi. ,si ill*Ili IV 1 :s• • •4., . .2 • •j • '''4';. 7, ii ' i'",i4 •0', • 'vtikt„ . • f.4.4,- . . , --s., if, • 1%. m••=e‘'''. •P ". — • s. „, *•,•'•ill, ' * J - .- Ill • •••, . , • 4 1 / , . ..# -' , .• ..,...ey';'" ' ' • C-"1" , ••,-tr,.••. .141.-4 • . . ,!..4." - = - - • OW- '"....4.-46...: ,:••'..511 -,.., , 404 ". ra .. 114....0 „At 44 , 1 N IOW 1111111.111111r (1)Rick Nappi Taken Dec.12,2014 Looking SW • sr 1 4 1 .. -4..,... .,....• 1, ... f--a • ., ‘,,k4- . RECEIVED DEC 1 7 2°1 - - •NING BOARD OF APPEALS . to .:,),,,,,,' , , • . , .,, , A „,_, .,• . , ... - Y *Z -‘,0., ' .. . ---72------- _ . , 'II ' ---7---.....L..---- % _ r — r -- -mom% -... 1 r-: ,________ -- - ... -3r-r- .., ..,,, ----7-_----------7:- - -,-,- - . , ......„..........-_,....„,„ -WV. .. i-......._—_-_1_7.._-- ..,_ i :illaV '1 ATA 1, ';.. .„. .-0.---- , ..,.. (2)Rick Nappi Taken Dec.12,2014 Looking West . ._ .,.: • . • .. .. ... .,,,... .: •. ! ' 1 w•�:. \a Y. • .. '� •. , .. ` 4411,, /mss . ... w te -• �. -�_ __i off► S.%r? '� ,,-,_r ,, -'a �_ 1 •NAIL AMINO MI•444.' III 1•111111A in 40104m �rrw" . ANION -.---„.„_-.....„-- .__.=... ...,.. �AnI.se.� -ter r+ 32 yvlYir c ,EeR^� .. . er mail d 94 11 0 (3)Rick Nappi Taken Dec.12,2014 Looking SW It . RECENEG ., ;'13 g '....;'?';*4411‘.,:iriky*: 4 ,,� SEC � 2.7 ' :_. FtC3 of APPEALS t _.s` ZONING BCA / ^+'. . � MIII®§S� '•- moillIM I! �•0 (4)Rick Nappi Taken Dec.12,2014 Looking SW ,k, • • ..�!.. •• '''...:'''''''•1";-'11' 'rnt +kr t •t Mi1� It �•_t. r�-• r 2 t• 1R a e' ,- - - - w .: ti S x e 4 tt 0 (5)Rick Nappi • Taken Dec 12,2014 • Looking North �A ECEIVED `wa",•� DEC 17 2ti1 • 14.- ti " +iu Win:;. - • cr q „� �s"`! 'rA {!u yr_.r ,^..,.,0,,,,• vw ,x'� -. ""y�'•� . a !1 '•S u»vert; .a�.1 4j� . .�{y ,R s �~ • Y a ' a IIIII t;_ 144 l Taken deNc 12 • Looking(6) Westppi,2014 • s-` 411164:12,-' ,A.4. 1, z . a , ' ., , , 11e • : ',. � ' w .4, .14,,.'�a . s .„ ,..,..,„-.,1‘i,„,,..,..;-, *ta 'i !t 4 r€ .40 .ri- .'C .t -,,,,,t4,.., yR • - : , \`• c •. .ri aT _ r V. ' •yr'fME�` te "iii ..`— ! elefr y A . ..anuar�r. _ ifWyawx rsa- -'-`,h''.t • h (7)Rick Nappi Taken Dec.12,2014 • % • nLooking NE 't' iA,, t4,, ,fix + ° . i a } ax xe p}�. l .a • • :t pari ,.^ • - 40 • (g)Rick Nappi Taken Dec.12,2014 Looking East �;., 1. • • -4 s d ' ;s \ M .,w. iiu: ___._.._.._..___-----_ -- _. I -- . , (9)Rick Nappi Taken Dec.12,2014 Looking East ft sate *, ,{ s R v .', vim, -_ • fi �w L1 1, 1l4 ZONING BOARD OF APPEALS (10)Rick Nappi Taken Dec.12,2014 Looking South /000 -, /4k -02 - 02.2. TOWN OF SOUTHOLD PROPERTY RECORD CARD /+/ V OWNER STREET :_J 2,11- VILLAGE DIST. SUB. LOT ,FORMER OWNER N }} -- E1 ACR. t�rc 'P � ID a—tttiaN j 1 ,•Q5" S , TYPE OF BUILDING RES.001 4f� SEAS VL. FA' 1 • COMM. CB. MISC. Mkt. Value oND IMP. TOTAL DATE REMARKS / ` . i 4-/ (1 6 .g_5-6 0 F g.d 6 P,.../_(_ p-2/1 e e a e9s:.. 060 JS-Cit) jot--1 -ItI7 1V, if/111 e e 6' ��L `7'76 .",,,/ •l/4�l""� /P3 B P. M3 s`( e<Afdr e*ff.k u ri d.r Lei, €e 4 z____— .2-4-3 t v 4 7e--` ' ' Z11117,".6 3 12.5)14-I- l rileft 3;',27 O Est- `a NID�I?D�L J�: 000,3„ 3 Z , 5 - " , .5` o "/f/ 3 (b t AGE BUILDING CONDITION �� .IEOED/tv NEW NORMAL BELOW ABOVE 'W tak U i 7 2014 FARM Acre Value Per Value RD OF APPEALS Acre 43NiN OP' Tle 1 Ti le 2 Tillable 3 /b�_/ Woodland / // a 5— /6,,,, b`t e / 2,,a-- ., Swampland FRONTAGE ON WATER f i. 5-6 '7%1 _ v 1 D Brushland FRONTAGE ON ROAD ' 414 House Plot DEPTH r of i .. .4 I BULKHEAD ril Total DOCK WC, '''',:.:01 COLOR aY.r . TRIM IP b 11111 ii M. Bldg. .26 X. •t) :. c, r.,0 pro- 0 foundation e6 --i Bath / Dinette Extension 3 i,2 6- d / Basement SU ii Floors tx K. Extension Ext. Walls d� (,. Interior Finish wad LR. Extension Fire Place Heat DR. Type Roof rre.0_, Rooms 1st Floor BR. Porch f0 rA.g z (74) Ru,reation Room Rooms 2nd Floor FIN. B. • Porch Dormer Breezeway Driveway Garage Patio Le -44 t /1 j 1 (-- — Total 3/ Y2 4. v + r-- ,,���O��SUFFO(,�Co ` ELIZABETH A.NEVILLE,MMC ��h� l/,f,• Town Hall,53095 Main Road TOWN CLERK C P.O.Box 1179 CA Z t Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ,' Fax(631)765-6145 MARRIAGE OFFICER .# 0• '�� Telephone(631)765-1800 MANAGEMENTRECORDS FORMATION OF ICER �Ol 4 ,*„.0 www.southoldtownny.gov FREEDOM O ...... OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: December 19, 2014 RE: Zoning Appeal No. 6828 Transmitted herewith is Zoning Appeals No. 6828 for Rick Nappi-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form for David Jude Jannuzzi, Agent/Representative Transactional Disclosure Form for Michael A. Kimack, LWRP Consistency Assessment Form, Board of Zoning Appeals Application Authorization for Michael A. Kimack and David Jannuzzi from Rick Nappi,Notice of Disapproval to David Jannuzzi Esq. (Nappi) Dated December 3, 2014, Southold Board of Appeals Prior Findings Deliberations and Determinations Request for Variance from Bulkhead Side Yard and Front Yard Setbacks, Map of Land Dated June 30, 1958, Certificate of Occupancy for No. Z13130 Dated January 15, 1985, Action of the Zoning Board of Appeals for Appeal No. 669 Dated May 25, 1964, Mapquest Map of 5218 Peconic Bay Blvd, Google Earth Picture, Findings Deliberations and Determination Meeting of August 2, 2004 of Application No 5560 for John McFeely, Findings Deliberations and Determination Meeting of December 2, 2004 of ZBA Ref. 5611 for Salvatore and Margaret Detrano, Map of Property at 5390 Peconic Bay Blvd. Dated January 16, 2003, Findings Deliberations and Determination Meeting of December 27, 2005 of ZBA File No 5804 for Monte and Carolyn Redman, Findings Deliberations and Determination Meeting of October 18, 2012 of ZBA File 6578 for Alan Fidellow, Findings Deliberations and Determination Meeting of July 21, 2009 of ZBA File#6291 for Joe Ruggieri &Ronnie Ruggieri, 5 Pages of Photos,Town of Southold Property Record Card for Tax Map No. 1000-128.-2-22, Property Map of Section No. 128 Showing Property of Rick & Melissa Nappi, 2 Pages of Drawings Showing the Proposed Site Plan, First Floor Plan, Second Floor Plan, South and East Elevations, Survey for Tax Map No. 1000-128.-2-22 Dated June 19, 2014. • • * * * RECEIPT * * * Date: 12/19/14 Receipt#: 179536 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6828 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#1222 $1,500.00 Law Office of David Jude Jannuzzi Name: Nappi, Rick 5 Hamilton PI Lake Grove, NY 11755 Clerk ID: SABRINA Internal ID:6828 • i0.i. BOARD MEMBERS / i��OF $SVT Southold Town Hall Leslie Kanes Weisman,Chairperson yp 53095 Main Road•P.O.Box 1179 0 '` 4 ; Southold,NY 11971-0959 �� Eric Dantes 2 4g Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �0 ,�a�0��r1 54375 Main Road(at Youngs Avenue) Kenneth Schneider =�yeOUNTY,Nc�,�i�� 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, FEBRUARY 5, 2015 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, FEBRUARY 5, 2015: 10:40 A.M. - RICK NAPPI #6828 - Request for Variances from Article XXIII Section 280- 124 and Article XXII Section 280-116B and the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) less than the code required bulkhead setback of 75 feet, located at: 5218 Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-22 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(a.Town.Southold.nv.us Dated: January 12, 2015 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 s • • TOWN OF SOUTHOLD ZONING BOARD OF APPEALS �p sag SOUTHOLD,NEW YORK HT AFFIDAVIT OF In the Matter of the Application of MAILINGS if/cz 4.14p'/ (Name of Applicants SCTM Parcel# 1000- /2)>- 2— ZZ COUNTY OF SUFFOLK STATE OF NEW YORK I 11/CIMEZ 4t MV/y/i C/Lriot O,rt/v.� ,�/vF ' residing at ,n/,(�/1� I New York, being duly sworn, deposes and says that: On the /6#'day of Yilf/C6 , 20/�I personally mailed at the United States Post Office in fb!/I7/4Z/ ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the Oej Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 4./ed 4/I// (Signature) Sworn to before me this Z day ofi a rwkOwd_ , 20 � CONNIE( t BUNCH Notary o.01 New York (Notary Public) Qualified In Suffolk County vi Commission Expires April 14,2__ • PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next • to the owner names and addresses for which notices were mailed. Thank you. U.S. Postal Service', , 'nVp CERTIFIED MAIL, RECEIPT U.S. Postal Service,, fi Qr^., (Domestic Mail Only;No Insurance Coverage Provided) CERTIFIED MAIL, RECEIPT For delivery information visit our website at www.usps.comLnN y (Domestic Mail Only;No Insurance Coverage Providea; A I_f� 4 For delivery information visit our website at www.usps.com r1., r m Postage $ $1.40 0971 ru riFV5CIAL USE , . . 1it ; ru $3.30 ,� - ,-.)'7 rn Postage ,.\,4F)..°:----..44)""P\ Certified Fee -�'''�'�� rql El ReturnemReceipt Fee Postmark -1'7.0.?O Certified Fee11111M\ �L Postale* ,C) O (Endorsement Required) $2.70 Here r9 o Return Receipt FeeMin IAN 16 F 15 Restricted Delivery Fee ti' SAN 2015 (Endorsement Required) $0.1'0 O (Endorsement Required)Q Restricted Delivery Fee $0.00 rl / (Endorsement Required) r1J Total Postage&Fees $ $7.40 04,, / ra 011: 15 i ru Sent TToo�//� ��//��/� N. t rU Total Postage&Fees s r9 ._rQQti-G llr�. e�f-�-[ ti :: LF To _ !5f * §treat Apt.i3o.; _ evi or PO Box No. Q S oo G 1 j' - r4 Y ew,v CI et, o z ru �0�� Cr City,St=te,ZIP+4 ,✓h N or PO Box No. r p41 CO/VV/�/ /� . : City,state,z' g ,Iv , ' 6 PS Form 3800,August 2006 See Reverse for Instructions �'. 3800.Au ust 2006 See Reverse for Instrucuons PS Form August U.S. Postal Servicer., CERTIFIED MAIL,, RECEIPT rR (Domestic Mail Only;No Insurance Coverage Provided) �� ..0 "n For delivery information visit our website at www.usps.Com® 1 111 li 3 C F F15/6 m Postage $ $1.40 0971-x' 'L { ru Certified Fee $3.30 `02 { ra I tasty** ..1 CI Return Receipt Fee $2.70 I r6 yr, r . 0 (Endorsement Required) <l/�I 0 Restricted Delivery Fee $0.00 0 (Endorsement Required) rU Total Postage&Fees $ $7.40 01/16/2015 ru a sent 1 C�/2Q.Y2J C DQT/s o Rorr-or POO Box No.� .-vtt'wegp 7 C (//2l O City,State,ZIP+ g`/Me //V //b 64 PS Form 3800,Au.ust/2006 K /!/! See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i 1 • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ,�, �,,, ❑Agent 1 • Print your name and address on the reverse X A...1 %l'^---- 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive • Attach this card to the back of the mailpiece, GerO�f 4�A /- or on the front if space permits: ! D. Is delivery address diff- : from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Aff ie t F P,177 lP3"dil/ !z niivi 4/, C euro" ,,,4rpf/ 4 iy //-SSGd 3. Service Type /'d Certified Mail* 0 Priority Mall Express'" ❑Registered 14 Return Receipt for Merchandise ❑Insured Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7012 2210 0001 2342 8579 : PS Form 3811,July 2013 Domestic Return Receipt I 1 • • TOWN OF SOUTHOLD k(3,s 01g ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK K) PIPC AFFIDAVIT OF In the Matter of the Application of POSTING ,P/ek (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- /?/ 2- 22 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, t//C'/4,et 4. /e/f/, XL residing at g2/ ,P/VY/4O RivAegEAD ,New York, being duly sworn, depose and say that: On the /4 4day of 7 I1(J,Vpy , 201.r, 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 /fi S 20/S 7,/friair/ Vtia7;1 (Signature) Sworn to before me this Day of , 201 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. M 1 • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : NAPPI , RICK # 6828 SCTM # : 1000- 128-2-22 VARIANCE : BULKHEAD SETBACK & YARD SETBACKS REQUEST: ADDITIONS / ALTERATIONS DATE : THURS . , FEB . 5 , 2015 10 :40 AM If you are interested in this project, you may review the file(s) prior to the Shearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 • 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 29th day of January, 2015. /Th am. Principal Clerk Sworn to before me this day of 2015. RISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01V06105050 QuaIlfiad In Suffolk County !k*. .,ommisslort Expkes February 28, 2016 required minimum combined side.yard set- 2015 Notice of Disapproval based on an ap- back of 25 feet located at:640 West Shore plication to convert dwelling to single con- Drive(adj.to Southold Bay)Southold,NY tractor's business,at;1)less than the code SCT. M#1000-80-1-47.1 required minimum front yard setback of 10:40 A.M.-RICK NAPPI#6828-Re- - 100 feet,located at 41535 Main Road(aka quest for Variances from Article XXIII State Route 25)Peconic,NY.SCT14#1000 Section 280-124 and Article XXII Section 75-5-13. 280-1168 and the Building Inspector's TgelBoard of Appeals will hear all per- December 3,2014 Notice of Disapproval sons or their representatives,desiring to based on an application for building per- be heard at each hearing,and/or desiring mit for additions and alterations to existing to submit written statements before the single family dwelling,at;1)less than the conclusion oT each hearing. Each hearing code required front yard setback of 35 feet, will not start'earlier,than designated above. 2) less than the code required minimum Files are availablefor review during regu- LEGAL NOTICE single side yard setback of 10 feet,3)less lar'btIlhsess hairs and prior to the day of SOUTHOLD TOWN ZONING BOARD than the code.required bulkhead setback of the hearing. If you have questions,please OF APPEALS 75 feet,located at 5218 Peconic Bay Bou- contact our office at,(631)765-1809,or by THURSDAY FEBRUARY 5,2015 levard(adj.to Great Peconic Bay)Laurel, email:VickL1bthelbwn,Southold.nyyg PUBLIC HEARINGS NY.SCTM#1000128-2-22 Dated:January 12;2015 NOTICE IS HEREBY GIVEN,pur- 1100A.M. - 860 BAYVIEW DRIVE, ZONING BOARD OF APPEALS suant to Section 267 of the Town Law and L LC#6829-Request for Variance from Ar- LESLIE'CANES WEISMAN, Town Code Chapter 280(Zoning),Town tide XXII Section 280-116B and the Build- CHAIRPERSON of Southold,the following public hearings . ing Inspector's September 3,2014,renewed BY:Vicki Toth will be held by the SOUTHOLD TOWN December 15,2014. Notice of Disapproval 54375 Main Road(Office Location) ZONING BOARD OF APPEALS at the based on an application for building per- 53095 Main Road(Mailing/USPS) Town Hall, 53095 Main Road, P.O.Box mit to construct a deck,at;1)less than the EQ Box 1179 1179,Southold,New York 11971-0959,on code required bulkhead setback of 75 feet, Southold,NY 11971-0959 THURSDAY FEBRUARY 5.2015, located at 860 Bayview Drive(adj.to Spring 120721T 1129 930 A.M. - JOAN COOKS #6808 Pond)East Marion,NY.SCIM#1000-37..5-7 —(Adj.from 12/18/14) Request for Vari- 11:20 A.M.-TIMOTHY ndaEOR- ances from Article XXIII Section 280-124 GIA OUINN#6833 -Request for Vat$ and the Building Inspector's August 28, ances from Article III Code Section 280-15 2014 amended September 5,2014 Notice and Article XXII Code Section 280-116 of Disapproval based on an application for and the Building Inspector's November building permit to construct additions and 12,2014 Notice of Disapproval based on alterations to existing single family dwell- an application for building permit for ac- ing,at;1)less than the code required front cessory in-ground swimming pool,at; 1) • yard setback of 35 feet,2)less than the code location other than the code required rear required rear yard setback of 35 feet,3)less yard,2)less than the code required 100 foot than the minimum code required side yard setback from top of bluff located at 63165 setback of 10 feet,4)less than the code re- County Route 48(aka North Road)(adj. quired total side yard setback of 25 feet,5) to Long Island Sound) Greenport, NY more than the code permitted lot coverage SCTM#1000-40.1-14 of 20%,located at:2205 Bay Avenue East '11:40 A.M.-MARY A.HOVEY#6832 Marion,NY.SCTM#100031-17-6 : Request for Variances from Article III 10:00 A.M. - ROBERT W. DIXON- Section 280-15 and Article XXII Section #6831-This is a request for a Waiver of 280-1168 and the Building Inspector's Oc- Merger under Article II, Section 280- tober 31,2014 Notice of Disapproval based 10A,to unmerge land identified as SCTM on an application for building permit for #1000-38-6-5,based on the Building Inspec- 'as built'accessory garden shed,at;1)less tor's December 15,2014 Notice of Disap- - than the code required minimum rear yard proval,which states a nonconforming lot setback of 10 feet,2)less than the code re- shall merge with an adjacent conforming quired bulkhead setback of 75 feet,located or nonconforming lot held in common at:4500 Ole Jule Lane(adj.to a canal)Mat- ownership until the total lot size conforms tituck,NY.SCTM#1000-122-4-32 to the current bulk schedule (minimum 1:15 P.M. - LEWIS TEPERMAN 40,000 square feet in this R-40 Residential kb26-Request for Variance from Article Zone District)this lot is merged with lot XXII Section 280-116 and the Building 1000-38.-6-6,located at 555&545 South Inspector's September 29,2014,renewed Lane(comer West Lane)East Marion,NY. December 9,2014 Notice of Disapproval SCTM#'s1000-38-6-5&6 based on an application for building per- 10:20 A.M.-DAVID TURNER#6830- mit to reconstruct a deck,at;1)less than Request for Variances from Article XXIII the code required bluff setback of 100 feet, Section 280-124 and the Building Inspec- located at 1225 Aquaview Avenue (adj. tor's December 5,2014 Notice of Disap- to Long Island Sound)East Marion,NY. proval based on an application for building SCTM#1000-21-2-16 permit for additions and alterations to ex- 1:30 P.M. BERRY&BERRY.LLC, isting single family dwelling,at;1)less.than gas-(Adj.from 1/22/15) Request for the code required minimum single side Variance from Article XI Section 280-49 yard setback of 5 feet,2)less than the code and the Building Inspector's January 14, di • ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 12, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, February 5, 2015 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 January 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible: AND not later than January 26th: 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 January 28t": 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 February 3, 2015. 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 Encls. f BOARD MEMBERS �� O� so' _ Southold Town Hall Leslie Kanes Weisman,Chairperson .• •�� yO 53095 Main Road•P.O.Box 1179 ,`O !p Southold,NY 11971-0959 Eric Dantes i *; Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning : � ,,��pp����� 54375 Main Road(at Youngs Avenue) Kenneth Schneider 'YCONT I,�, �i�• Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 17, 2014 Mark Terry, Principal PlannerFli 1 l� U [ji LWRP Coordinator Planning Board Office IJE L 7 Town of Southold Town Hall Annex Southold Town Planning Board Southold, NY 11971 Re: ZBA File Ref. No. #6828—NAPPI, Rick Dear Mr. Terry: We have received an application for additions and alterations in Laurel. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By Cetle4lfrieM Encls. 0 • I BOARD MEMBERS ,,"' Southold Town Hall Leslie Kanes Weisman,Chairperson 41‘ $OUryO 53095 Main Road•P.O.Box 1179 / �O 0 Southold,NY 11971-0959 Eric Dantes 4 Office Location: Gerard P.Goehringer \ G Town Annex/First Floor,Capital One Bank George Horning .'mac` ,��. ,� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ..4COU �'���d�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 17, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6828 Owner/Applicant: Nappi, R. Action Requested: Additions/alterations - setbacks Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: S. Enols. i 0 — G Sheet Notes: D lltir r i t ii a - ' , jII it 1 1 \ ._ ii ItL'Avi. � n II it II is ,1, . , O II ' //( ,...,,., rfr (.7 V1916 --. ' �I r °° � N�� �. i 11 A 1# 61r3.12-41- "o . � n �p 1.01.1"21 J cc v iIII4104.s. towirer.a4 at-reartf'Awl' IR CO cks 181 v_14m-v lb h Q Z /' VV F .z, ii.1 LI 1 i .00 \ IlkIii asn os� vim. j- l-I-1- - - -- -- - - --- - . _ • PI► r i`or KAN �I 1 N� rs �// d Luigi m. tk IG , ,,�,�„ X wpiymc, le.p 1\ ••• \ IP IliiMIkl ikc.00.9 4' la III — I\ • I h. 1 i. IMs 44P-Y i.iii ► Iv- -ff• up\ h. 41 yy�t�w��.,1,��,�u� I Revisions: 44.07.\\\ �'� w•sw7�n"'v ,, \` _� a :_� seno'asiiDs`a saA.fs.ais ' %�' • �wrAvaasrwaaa<�.uaaarauvnaiwa aawoaao 72° N N j K. P�1 ,� KPt P }7AI1 I �_ Proposed Addition/Alteration Napp_ '�% 4 , 11 Residence _ Boulevard 5218 Peconic Bay / --- -- 1-,60 N Laurel,New York 11948 g • 44„, I I Pte i 14 Io / 9-1 LPA Architects,LLP I l 1<2 u� .: -- (ARCHITECTURE PLANNING •I�-�W�(��i .� �] �� `I,q • moi` i www.lpa-plans.com 11-x`-7 ECr r9-A-1 _----- --- ..-..._ ' r4 _ - --__. M 1 3 -- l Lmnm Pa/ Hdie�LLP _'A - ._- `.ii I / `, A:o�. :15 11 Geeley hems Sarah.W 11782 �' Td:631 589 1914 Eu 631 589 6935 f fl i'4na#. .[in.ai tress._ '11M.-r.D r1.rs_r_ fp.- `-..E1 F4-K �Awr�y RE+?,P>( Ha ice T or�arF.Ls al_1..19,14x, 1: ,1 /j �nw�.a,avawx IR X= f - -CMN: e:ou TOW xor AIR /l�`//�VT�J��U�/ Issue Date: __¢o 0 DEC 1 62014 Ai S 40 2R•o — — RECEIVED Project Oatc SEP 2014 Scale: r- N �r��8 N-3 DEC 1 7 2014 "° AS NOTEDDraw: _ 14A� 42, EAP m Check ZONING BOARD OF APPEALS NAPP1 KMP o 11110 • 0 Sheet Notes: ct an Z t i El z cc L.3 o Zcc 1-1 _ 1 H_ , ib- D P,ont4c,P4,-F TV IW 14214:4E-0 ul ,..., o1 _,=, .....,_ ___ __.j ____ . __,_ . . ......, , 1 .._____ , 81 - I....."mac -e,=._ ,...—._-_-_ - --.. -=r _. ' `J "�� _ '-.-. a 11 i1±. I 1 H;H I _ — _ t. . -. v, -T- -9EUOY C•1 If44o4 N 9 i f M UMW=Ai .aF.a.M10100.0 .e.la.�n la.“...ert �...ee. ._ ® '✓ E� Proposed Addition/Alteration . 4 Napp1 Residence =, 5218 Peconic Bay Boulevard 'ggglIlldrillMir Laurel,New York 11948 . 6 ((jj/'��� LPA Architects,LLP / 9C".9 ., 'ARCHITECTURE PLANNING www.Ipa-plans-COM RECEIVED Lemma.Pal Aoai 5.6ANiem LLP 21 Greeley*eve 5ey ale.NY 11382 _ Tat 631 589 2911 Esc 631 589 6935 t DEC • 7 2014 `°-- {� . • ZONING BOARD OF APPEALS '""' M',MK INRINI 8t.eJ� Issue Dales a.�. .e I n 1 I• I II i III I I Project Date 1 02 14 a = Ji. i 11 — � '' SEP2014 1 +I Sale AS NOTED ProRed IP Drawn sh.e, I+ I Lal -- -- --- _- - 14028 EAP 1 a.& WEI KMP BOARD MEMBERS Southold Town Hall �'i- N'• SOii, ,0 ". 53095 Main Road• P.O.Box 1179 Leslie Kanes Weisman,Chairperson t (0 . Southold,NY 11971-0959 Eric Dantes #ic41Office Location: Gerard P.Goehringer ;` G �` Town Annex/First Floor,Capital One Bank George Horning ,,t �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =�teOUN ,� 1°.• TISouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 February 20, 2015 David Jannuzzi,Esq. P.O. Box 1672 Mattituck,NY 11952 RE: ZBA Application#6828 -Nappi Dear Mr. Jannuzzi: Transmitted for your records is a copy of the Board's February 19, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sin rely Vicki Toth Encl. Cc: Building Dept. 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