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6829
(& Z) )&ITY' E-� NOW' J?o? � - eex-)5 i 'l-- a) deeL-IX3G -- ,�U),kh CiA,,2 eO - //�, 66) BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider 410�0 SO "0 - 1 CAI --Iftr C0UNV http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19, 2015 RECEIVED S . hold Town Clerk ZBA FILE # 6829 NAME OF APPLICANT: 860 Bayview Drive, LLC PROPERTY LOCATION: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000-37-5-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 6, 2015 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 23, 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 EXEMPT from Coastal Consistency Review. The LWRP Coordinator stated "additions to an existing building which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area. The proposed elevated deck is a minor action and the parcel is not located within the coastal erosion hazard area". PROPERTY FACTS/DESCRIPTION: The property is a non -conforming 30,099 square foot waterfront parcel located in an R-40 zone. The parcel is an oddly shaped parcel with 64.71 feet bordering Spring Pond. The parcel then runs 116.36 feet on the West Side, then it bends North West and runs 42.00 feet where is meets up with Bayview Drive. The parcel runs 37.98 feet along Bayview Drive. The parcel then runs 221.44 feet on the North Side, 10.00 feet along Knoll Circle, 90.00 feet on the southern property line, and approximately 170.00 feet along the eastern property line. The property is improved with a 1 'h story frame house with attached garage. There is also an accessory plastic shed, wood dock and floating dock. All is shown on a survey by Nathan Taft Corwin III L.L.S. dated October 13, 2004 and last updated January 12, 2015. BASIS OF APPLICATION: Request a Variance from Article XXII, Section 280-116B and the building inspector's September 3, 2014, updated December 15, 2014 Notice of Disapproval based on an application for building permit to construct a deck at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a second floor deck at a bulkhead setback of +/-57.1 feet where the code requires a bulkhead setback of 75 feet. Page 2 of 3 — February 19, 2015 ZBA#6829 — 860 Bayview drive, LLC SCTM# 1000-37-5-7 ADDITIONAL INFORMATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant's agent proposed to shorten the depth of the deck to 14 feet from the proposed 16 feet. This will increase the bulkhead setback to +/- 59 feet thereby bringing the plan into more conformity with the code. Also during the hearing, the applicant's agent was asked about a pipe sticking out from the applicant's bulkhead. The agent submitted a letter dated February 5, 2015, stating that the pipe is a drainage pipe owned by the Bayview Homeowner's association and is used for road drainage. The agent further stated that the homeowner's association is working with Southold Town to address the issue. Additionally, the Board asked about the applicant' accessory shed which is partially on the adjoining property. In the same letter, the agent stated the owner will relocate the subject shed to a conforming location entirely on his own property. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the relief as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of non -conforming lots with single-family homes. The second floor deck is being built on the water side of the property so that it is least visible from the neighbor's property. Several homes in the neighborhood have nonconforming bulkhead setbacks. 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 existing dwelling is setback 75 feet from the bulkhead. Any additions on the waterside of the dwelling will require variance relief. Moreover, due to the property's odd shape the applicant would need a variance to build a deck of this size in almost every location. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 21.2% relief from the code. However, the proposed deck is a second story structure over a covered patio. Several homes in the area have nonconforming bulkhead setbacks and the proposed deck will not be visible to adjoining neighbors or from the road. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 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 relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open air deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, for a second story deck 14'X27' with a bulkhead setback of +/- 59 feet. Subject to the following condition; Page 3 of 3 — February 19, 2015 ZBA46829 — 860 Bayview drive, LLC SCTM# 1000-37-5-7 CONDITION: 1) The deck shall remain open to the sky and may not be covered. 2) The applicant/owner will relocate the shed shown on the survey in the northeast corner of the property to a conforming location entirely on his own property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applining for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the site plan, survey, and architectural drawings, showing a 14 foot wide deck with a bulkhead setback of +/--59.1 feet conforming to the relief as amended granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. The Board reserves the right to substitute a similar design that is de minim is 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, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted Leslie Kanes Weisman, Chairperson Approved for filing ), / /2015 0COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner 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: JAN 0 0 2015 60ARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. 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 SCOTT • A. RUSSELL JSUPERVISOR TOWN HALL - 53095 MAIN ROAD Tel. (631) - 765 — 1560 MICHAEL.COLLINSATOWN.SOUTHOLD.NY.US ell" JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 — 9015 JAMIE. RICHTERDaTOWN. SOUTHOLD.NY. US RECEIVED l� OFFICE OF THE ENGINEER FEB 19 2015 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson February 19, 2015 Zoning Board of Appeals Town Hall, 53095 Main Road Re: ZBA Case # 6829 Southold, New York 11971 SCTM #: 1000 — 37 — 5 — 7 Dear Mrs. Weisman: As per your request, I have reviewed the letter from Michael Kimack dated 2/5/15 and the site plan prepared by the office of Nathan Taft Corwin, III, regarding ZBA Case # 6829. Please consider the following information: 1. The outfall pipe in question is private due to the fact that the roads in this particular subdivision are private. To the best of my knowledge, there is no factual documentation of any suspected impairment in the waterbody immediately adjacent to this outfall pipe. 2. If this outfall had been from a Town drainage system it would not necessarily be removed. It would be listed on our inventory of drainage outfalls and we would have tried to verify the number of catch basins and/or pipes leading to it. If the adjacent waterbody was stressed or in immediate danger of becoming contaminated by this outfall the Town would have prepared plans for remediation. Just because this outfall exists does not mean it needs to be removed. 3. My office is aware of ongoing projects over the last few years that have been planned and/or constructed by the private Homeowners Association. Wherever possible, they have applied for grant funding and installed additional drainage in their road systems. I was not specifically aware of this outfall but to the best of my knowledge, this Subdivision Association continues in their efforts to reduce existing stormwater by installing new drainage in their ongoing struggle to recharge runoff and prevent stormwater from entering the adjacent inlet. At this time, I would not recommend removal of the outfall. I would, however, request the applicant provide a certified document or plan indicating all connections to this outfall. This would be recommended to verify that there are no illicit connections to this outfall. Basement sump pumps or laundry connections would be some examples of illicit connections. If you have any questions regarding this matter,.p ase contact my office. James A. Richter, R.A. cc: Southold Town Trustees 0 Toth, Vicki From: Terry, Mark Sent: Friday, January 23, 2015 10:26 AM To: Toth, Vicki Subject: 860 BAYVIEW DRIVE, LLC #6829 Vicki, • �bg�I I am recommended that the action is exempt for LWRP CCR due to that is it a minor action, however on the survey a "drain pipe" is identified that appears to go through the bulkhead. Could you make the Board aware of this? Mark Terry Principal Planner LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 • OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave.) Southold, NY 11971 oF SO�jyo � O CA �ly�4UNTY,� • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM' TOWN OF SOUTHOLD RECEIV MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator January 23, 2015 Re: Coastal Consistency Review for ZBA File Ref. 860 BAYVIEW DRIVE, LLC #6829 SCTM# 1000-37-5-7 860 BAYVIEW DRIVE. LLC #6829 - Request for Variance from Article XXII Section 280-116B and the Building Inspector's September 3, 2014, renewed December 15, 2014 Notice of Disapproval based on an application for building permit to construct a deck, at; 1) less than the code required bulkhead setback of 75 feet, located at: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000- 37-5-7 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "II' which states: 11. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The proposed elevated deck is a minor action. The parcel is not located within the Coastal Erosion Hazard Area. Cc: Stephen Kiely, Assistant Town Attorney BAYWIEV DRIVE 1% 0- � � O • f '�, fcomrE ~mc - Eo _ o Yt�o R4ti1 a gp �O ° J' LOT �� ��,� o �, • . (� w WILLIAM G. HEMPEL, JR. I—'-1 EDNA A. HEMPEL \ , •�� �\ r C14o0 LOT 0 ^ LOT I� �• 0 131 .44' Q°� �- W N 88.53'39" E FENCE ' A Z FOUND F� • CONC. MON. FO D NI� F 1 • 0.6 CONC. MON LQ • • r—WATE METER s • ° a . „ CESSPOOLS � �✓ � � ORAIN 4 TROPANE W �" _ SEPTIC 1 r TANK VALVE a I� TANK / O t Lu o V • / �� • • A STONE WALL • • s Y C�ht rO �g II ) 0 v-XPLAT. i00 v� / i'' •r�O% AIR uND•OSTEPS LAMS O rosT �rs 6 \ / • r ��• WALL /. a` 23.5' yFS �Z ° oG U� kr CONIC �g r DRAIN j 1-1/2 - FRAMETORY . N ��� �` HOUSE SJc GARAGE • 4 �'p0 w; r 7► = u �S N,r f tet, _ p 2.0 ' <;Z • T T �• ELEV. o O b P• ,� '•, 1st STORY 2' OUT 53P. .i LA 1; • O - �. O �. 4W C'"AOC _70,mexFAdo W70 yGG� RELEVATED Pu 't'�1 7 �K DECK 0 0 PROPOSED O y� SILT FENCE ° z ° E�S7AI,rc�L � O 0 a �0 W i H I �+� ❑ z J�iC� u(�) v°� ° I n w °° 3 FINAL MAP ° H I ti REVIEWED BY ZBA 4 ° SEE DECISION #piE N � ° 4 ! DATED / j / �� AL �� .� ° ETgr OF TIDAL c�3 Y CONIC. RETAINING RWALLONC k' 33 iAL \6 a\�'�31tiAL AL 3 � ,o -� ►�"a`° sol/ � \ AL 3��• & AL?G ry A GO a AIL n `'p1 v �� �� �� • • �� `p RAMP .0 f Oi 80 l V� Z SPRING POND SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-37-05-07 S.C. TAX No. 1000-37-05-10 SCALE 1"=20' OCTOBER 13, 2004 AUGUST 10, 2006 FOUNDATION LOCATION OCTOBER 18, 2007 FINAL SURVEY DECEMBER 27, 2007 REVISED NOTES DECEMBER 10, 2014 UPDATE SURVEY AND ADD PROP. DECK JANUARY 12, 2015 REVISE PER NYSDEC LETTER 12/30/2014 TOTAL AREA = 30,099 sq. ft. (TO TIE LINE) 0.691 C1C. NOTES: 1. LOT NUMBERS SHOWN THUS: LOT 24 REFER TO MAP OF GARDINER'S BAY ESTATES, ECTION TWO FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER 23, 1927 AS FILE No. 275 CER TIFIED TO: JOSEPH G. CIAMPA / PREPARED IN ACCORDANCE WITH THE MINIMUM v `.3 ���///��` STANDARDS FOR TITLE SURVEYS AS ESTABLISHED (JJ� RECEIVED BY THE L.I. AND D AND ADOPTED USE FOR SUCH USE BY T -XQt YORK STATE LAND TITLE ASSOCIATI o" OF 4E4, FEB2 3 y��- T cYD jp<� o BOARD OF APPEALS a z F t LAW- N.Y.S. Lic. No. 50467 ■ UNAUTHORIZED ALTERATION TI ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COSIES OF THIS SURVEY MAS NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED Nathan Taft Corwin III Land Surveyor TO BE A VALID TRUE COPY. Successor To: Stanley J. Isaksen, Jr. L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN Joseph A. Ingagno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THC ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 FOX (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. James ort, Now York 11947 Jamesport, New York 11947 p ■ ■■ i■■ ■ MINIMM ■ ■■ ice■ ■■ r FElII ■■■■1 ■INNOONNI E-wa■■■■ I■1■1vAarm,d III AN I NEI!I I ■ ■ ■ ■ I■1■■r� 1■a■■u■1■ i 1■■■■ -I ■■111■■■■1ii1 1111 fllill 111111 11111 ------ 1■1■■1 1.■■■1■n■ (IIII�IIIIIIe11I111iiiiiil`IIII 111111f1111I�liiiiiplllliii)uEOilii 111111 11111'111111 111 Illflllllll/11 11,11'Ih.11llflll �-1---- mon ■■■■1■■1■1■ ��� ��� I..� 111■■■■11 �1 II 1 ■■ ■■■■ ■ 1■■■■1■■1111 ��� MEN ��� ■�11■■■■1 ..... ■■■ 1�I ■1■■1 ■1 ■■ ■11w, '_I I -I ■■■■1■■1■ �....■■■ 1■1 �■ ■■!;■■ ■ ■■■■1■■1IS1■ '�_� u 11a11■■■■11 �..■.■ I■■ ■■ ■■ �■ ■ 1■■■■1■■U11 ■■11■■■■i .. ■ ■ . 111011 1■1 ■ ■ ■ ■ ■ ■ ■ ■1■■1■1■■■1 ■■■■1■■1 — 31' ■ ■ ■ ■ ■ ■ ■ ■ c�� ■■■■1■■1■1■-------- 11x1■■■■1'�1� 1■ �� 1■■■■1■■u1�■■■1■■ �ii■ii�i�■n1■■■■:�/ m■■ in, ■ ■ ■ ■ ■ ■ INVAI RS��u�������nIILII�N%!IIIb /��) ..+. ._ _ ,, �.e ■ I 11■iiII I I I I I I mI' II I I I� I I I 11�,•/,=SII I I I I I I I I II I��I�11 �i i �I ----------------- PROJECT NORTH O Nt \ a OL 16W PATIO TO K RGIOM ri •0 TI - EXPAND PATIO ON GRA a � a � • � / 1 a FOUNDATION PLAN SCALE: 1/8"= 11 PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8"= 1' FINAL MAP ,REVIEWED BY ZBA SEE DECISION # (� DATED / IO1 i 4 c��Giv�s FORM NO. 3 NOTICE OF DISAPPROVAL Date: September 3, 2014 Updated: December 15, 2014 RECEIVED TO: MichaelkLimack for 860 Bayview Dr. LLC 28495 Main Road Cutchogue, NY 11935 Please take notice that your application dated August 18, 2014 For permit to construct new decking Location of property: 860 Bayview Dr., E. Marion, NY County Tax Map No. 1000 - Section 37 Block 5 Lot 7 Is returned herewith and disapproved on the following grounds: ZONING BOARD OF APPEALS The nronosed deck construction in the R40 District, is not permitted pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows a setback f 57.1' om the bulkhead. _ - L uL Lu _ Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVED Fee: $ Filed By: Assignment No. �$ L APPLICATION TO THE SOUTHOLD TOWN BOARD OF APRTIN BOARD OF APPEALS AREA VARIANCE House No. &6 D Street gOWWZLIW ,X? Hamlet 161,2r7 �WPIW SCTM 1000 Section_.?7 B1ock__5 Lot(s) 7 Lot Size Zone I (WE) APPEATJIE WRITTEN DETERMINATION OF THE BUILDING IN PE TOR DATED BASED ON SURVEY/SITE PLAN DATED LO Applicant(s)/Owner(s):______L9,6O,Bis'Y ✓� W PRIV , GLC Mailing Address: .4 CLlF5, m , f`C4 9e6Al, Y //37f' Telephone: PJ7 6X,Z-3;V16ax: 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: /Lf�' /A _ / ,�?. le/ for D4 Owner ( )Other: Address: ple-20 el Z6%%64 Al -,V Telephone:0/_ ?Z7 Fax: Please check to specify who you wish correspondence to be mailed to front the above names: ( ) Applicant/Owner(s), tP4 Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLA DATEDW6 y 2f Ole and DENIED AN APPLICATION DATED�ZO�OR: Qt) Building Permit ( ) Certificate of Occupancy O Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: W%% Section: Z&O Subsection:U6,6 Type of Appeal. An Appeal is made for: (?4 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, 04 has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). (Please be sure to research hefore completing this question or call our office for assistance) Name of Owner: ZBA File# f'dECEIVELI ZONING i3OAkD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized).- 1. otarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a dMAI etriment to nearby_ properties if granted, because: �y� ,o,Qp�Q 2'No J r0^0Y DSC/_ 49P' GgCG-,F .JA0 VI -1101W e11AA01 " W/Tw SLC B•4C/4D, - 6 d/ r- �S/ D� 1 OGP� � yGS 3 ,QJvn W <LG /1/OT.�GO CJG 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: J�1�J1'J"/SVG 'OGU4WN6 !S .4 T' s �P 4UJ•t� X5 APE (>/tiLy <b0J'>,Yz, er- L aCA776IV 9X- 1� V,6 The amount of relief requested is not substantial because: j25cwD jI�D�1/ 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 7N25 /9FeAA�V Zkn105keH )W9 O/2 ON loo'/ROA AQ-11VG I&R CY� 5. Has the alleged difficulty been self created? V Yes, or I } No Why: Are there any Covenants or Restrictions concerning this land? je, No I } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swm�to�etbre n+e is� y of v_ Notary Public VICKI TOTH Notary Publac Statg of New York No. 01`f06190696 Qualified in Suffolk County Commis inn Fxnires July 28 20 0 APPLICANT'S PROJECT DESCRIPTION APPLICANT: DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: A14 d c� RECEIVED IL New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N114 ZONING BOARD OF .APPEALS Dimensions of new second floor: j--A-'rCgWD Dimensions of floor above second level: / Height (from finished ground to top of ridge): N A Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: /V�.4 Illi. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: >zy �,� f1OLJf .0'/y/., 1j WU 6.F; 2 CLD 6,-5 Number of Floors and Changes WITH Alterations: :P ALO j2r1r ! /✓D C1,14"6E p'D IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 11 - Proposed increase of building coverage: .S' 4 Square footage of your lot: Percentage of coverage of your lot by bui ding area: Q V. Purpose of New Construction: "fid B 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): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 A. M. • • QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes C No Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. kECETM ,ZONING hC)AkD 0, V At't'EALS C. 1.) Are there areas that contain sand or wetland grasses? Ms 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? Z69 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdictionPlease confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /VQ E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /VD 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?A100 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? /10 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel APIE and the proposed use deej'/��.(Jy/� L (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date • • Iz�c�rv�f, AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS ; F TOWN OF SOUTHOLD --ON) NG BOAR[? OFAPpeA, 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: Afl , CAV, 2. Address of Applicant:yzX0,0 Alk., 3. Name of Land Owner (if other than Applicant): 1,04 e.4yVl�l�l I%It s �C. 4. Address of Land Owner: 46 JZEA vue. . CAz&5 N.,Y 11!5--7.9 5. Description of Proposed Project: Fr)e Z4(rr. Location of Property: (road and Tax map number) Rho t yvr,�Iioc?_ "X1-1 WZJV r,*x Is the parcel within 500 feet of a farm operation? { } Yes )< No Is this parcel actively farmed? } } Yes � No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ZO14 Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B r, Short Environmental Assessment Form klECEIVEL Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the cogn-o°�.��' Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be su ecN%1AhEtlV MAE&&. 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 6 D q D. C Name of Action or Project: A1,11 GQ orP .� TxZ4fT Project Location (describe, and attach a location map): &,6.0 ,B'.q)'►/� AW ,EAJ_7_ Brief Description of Proposed Action:zNP `L. � G� 116 C% x Z 4r Gq// Tlr� �GUIZ CqJ �tTx ZLT C /?, N�' ffL 0 Name of Applicant or Sponsor: Telephone: :727 21 D 3 Address: City/PO: State: Zip Code: 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 j� If Yes, list agency(s) name and permit ora roval: J",01171-vew r s N f'D�C 3.a. Total acreage of the site of the proposed action? jacres b. Total acreage to be physically disturbed'? 7127,Chcres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? a 6 V acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial W kesidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations'? b. Consistent with the adopted comprehensive plan? O YES N/A x 6. Is the proposed action consistent with the predominant chara NM! OWb614 MALtgal landscape? NO YES X/ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels'? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 1/ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES y 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES v 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES \/ 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional Wetland ❑ Urban C6 Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? ONO ❑ YES b. Will storm water discharges be directed to established conveyance systems(runpff and storm drains)? If Yes, briefly describe: NO ❑ YES NO YES Page 2 of 4 CJ 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES impact impact may may occur 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES x 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? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES X establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: /t'%�C�.�.&L / ��/L Date: Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion o q Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and othek4peVrjtWubmitted 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, Koposeq,a9kro?" ZONING BOARD OF APPEALS No, or small Moderate to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 0 • 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. kECEIVEU L ZONING BOARD OF APPEALS o Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 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. kECEIVEU L ZONING BOARD OF APPEALS o Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 kECEIVEL) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics nrohibits 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. 8610 014XV111-1-YV PR'1141 a . YOUR NAME : -7-0/4lp/,% (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit X Trustee Permit �( Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO 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 Submitte this da , 2014 Signature Print Name • RECE"IVEb AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers �nQ�TiO#�g1R1baC6l9yALS 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 : HI ollw�L A L,*11y9WCX_ (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 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 Submitted this Z4 day of /O VVI , 2014 Signature 2Vj�l/� Print Name 1-f/el-11-41-CL A. 1e1.A"W',%L ��� t�ECEIVEL% Town of Southold LWRP CONSISTENCY ASSESSMENT FORM ZONING 6QAkD OF APPEALS A. INSTRUCTIONS 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). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. northfork. net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# _ 7 -__5— The _ The Application has been submitted to (check appropriate response): Town Board E Planning Dept. E Building Dept. ® Board of Trustees El Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: � o�.r� �crraU�� 2'��'� oorr o,�c%l�►6�f x ���r� w/ roilje 2r7 -x 2,rr UI1%S' • 1'raA,15 FA -G 1' $ 2. • • Location of action: Site acreage: �� O, Present land use:�.i'XPF-1t%rIA. L Present zoning classification:PFJ'/P1�z— 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: zq�o e—wxyl,5ev de1y,,,� a (b) Mailing address: 4( jr CZ /,--/ #V4 , JZ�,q CC/x,C MV //5"79 (c) Telephone number: Area Code ( ) Q/7 6,62 5843 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal afoli ; Yes ❑ No If yes, which state or federal agency? DEVELOPED COAST POLICY '/-ONING BCiARD O} 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 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria Yes ® No R Not Applicable WI & A,1/9VE � /`l/•tJI/VU� D/lJ V/J'U.QL 7-Y RECEIVEID Attach additional sheets if necessary r NATURAL COAST POLICIES ZONING BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes E No 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 0 Yes 0 No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes F� No 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. ❑ Yes ❑ No 52 Not Applicable 91 t�ECEIVFr ar,ntrn�r, KOARD OF APPEALS 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 ❑ No ® Not Applicable 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. j� 1:1Yep--In No lel Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No X Not Applicable 0 • Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. [:]Yes ❑ No® Not Applicable i,2 RECEIVEF Attach additional sheets if necessary ZONIN- bO Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. 0 Yes ElNo V Not Applicable Created on 5125105 11:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) �CNING BOARD OF APPEALS 6160 %3// YY/,,C W 9/,?i 1/� (Z C1` 1, TOd'EP�/ C'/141 -1,P,40 residing at � , C(/0 �— o V (Print property owner's name) (Mailing Address) � 1� t Y l/ g do hereby authorize /V C11A. 5Z e1w.0CA-, (Agent) P1 AkPI IDS P. /?NfeLlE.�hNY to apply for variance(s) on my behalf from the //Q6/ Southold Zoning Board of Appeals. (Print Owner'I Name) FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33072 GNrNG Bo AkC) CiF APPEALS Date: 06/04/08 THIS CERTIFIES that the building NEW DWELLING Location of Property: 860 BAYVIEW DR EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 37 Block 5 Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 91 2006 pursuant to which Building Permit No. 32042-Z dated MAY 25, 2006 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 ONE FAMILY DWELLING WITH COVERED ENTRY, TERRACE AND TWO CAR GARAGE UNDER AS APPLIED FOR. The certificate is issued to PATRICIA A JOHNSON (OWNER) of the aforesaid building. SUFFOLIC COUNTY DEPARTMENT OF HEALTH APPROVAL R10-05-0185 12/04/07 ELECTRICAL CERTIFICATE NO. 3000513 09/17/07 PLUMBERS CERTIFICATION DATED 09/14/07 TODD DAWSON Autffiorized Signature Rev. 1/81 • r %'�. ;cif � , �" d r. RECEIVED DEC 18 2014 ZONI IG B04 ` ��^�'�i y" "�w"'r`w,..,•_r•�. -mow • +� t . r f,.. ,moi a• •.ni^w�>� �. 3. =ate '4U'"N 41 . 'C ^ .y � .R' 3 <" ,.Yt. �• ` ,`j { s �^5..!'y ;.^ �`��*ti4' �aM � .+-�h. `�r 1 e. 4 i 0 119111215 MWE F7u (7) Joseph P. Ciampi Taken Nov. 17. 2014 Looking North lampi arcen rvov. _1 t, 2014 Looking West ! 0 SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FROM BULKHEAD SETBACK 1. ZBA File: 3557 Approval to construct new dwelling on old foundation 40 feet from the outer edge of the existing concrete bulkhead 2. ZBA File: 3864 Approval for construction of one family dwelling with insufficient rear yard setbacks, approx. 75 feet from the bulkhead 3. ZBA File: 4044 Approval for an open deck for a minimum distance at 39.5 feet from the bulkhead 4. ZBA File: 4118 Approval of construction of open deck 36 feet from bulkhead 5. ZBA file: 4782 Approval of construction of decks 20 feet and 16 feet from the bulkheads. (originally requested 13 feet at the northwest corner, 19 feet at the north side, 14 feet at the northwest corner and 47 feet at the est side from the bulkheads 6. ZBA file: 5312 Approval of new foundation and additions not less than 73 feet to the bulkhead 7. ZBA file: 6277 Approval of construction of additions and alterations to an existing dwelling with a rear porch at 23.3 feet from the bulkhead +DECEIVED ZONING BOARD OF APPEALS 08-27-98 0 03-13-00 `+ 05-19-00 N352.IK' 09-17-01 05m? 1 w03 • 06 21 04 • N 350 del • s Pm,m,..RwLm, swae,LaN rrn I —.1 ---- E oma.. �,�.�., am.r -� — ww,r SvarSles N. (21) O E N Sv..r,rrsn�m awa Pmmson m. r p M.i Ne. 23 qR. 12t A(ela t2.1A L'"•--- HARBOR II I P' N352,382 ZONING S0 Akt7 OF'4PPILS --(,_.--j 860 B�9'yvrEN! D�PiYE` LSC, se�lawnL�� =E.E +A-mHE SF ALL wroPF ES NOTICE jy�`r. �. ,vnv.,,y COUNTY OF SUFFOLK K Fm a.rm ur. —` — — Rnuee aRr"`M — "— — --"ST— �w HINTHEraLN�a:�, soL00L 2 SEAR waan 26 "Y��'" T FILXYtT MNNTENANCE,ALTERATION. SALE OR ?w Real Property Tax Service Agency E Y Walcr Omuc�urs —w— Hsmrolla{IrG L,s 61 TER DISTRIBUTION OF qNV PORTION OF THE �� County CenlSC Riverhead, N Y 11901 LqN Omrcl une — L — — meulmm Owra Ors • fR RAE SUFFOLK COUNTY TAX— IS PROHIBITED rr SCALE IN FEET r`l� M ft—L— L.s — v — — Onma uw— —ww— — ANBu WgsTFwLTLB N THOUT WRITTEN PERMISSION OF THE � y t00 0 100 200 A on — REAL PROPERTY TAX SERVICE AGENCY. Ilj; 1" TA$Ci P TO—OF SOUTHOLD o3e 03T VILLAGE OF 132 DISTRICT NO 1000 N 350,482 SECTION NO PROPERTY MAP o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 `'�a�'" TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF AP44ww Appeal No. 3557 (After rehearing) Application Dated November 24, 1986 TO: Mr. Garrett A. Strang, Architect [Appellant(s)] for MR. ROBERT EGAN ZU'VING BIOARD OF APPEALS Main Road, Box 1412 Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on January 8, 1987, the above appeal was considered, and the action indicated below was taken on your ( ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , , Section [X1 Request for Variance to the Zoning Ordinance Article III, Section 100-31 [ ] Request for Application of ROBERT G. EGAN to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. WHEREAS, a conditional approval was granted by this Board under Appeal No. 3557 on November 3, 1986 as noted therein; and WHEREAS, the applicant has requested reconsideration of Condition No. 1 which restricted the westerly sideyard setback at seven feet; and WHEREAS, a resolution was adopted by this Board on November 20, 1986 by unanimous vote of all the members to re -open the hearing to re -consider the variance requested under Article III, Section 100-31 as to the westerly sideyard setback reduction; and WHEREAS, notice was published and posted as required by law on this public hearing, which was held on December 11, 1986; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, a Variance is requested from Condition No. 1 of this Board's decision rendered November 3, 1986 which reads as follows: (CONTINUED ON PAGE TWO) DATED: January 8, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/61) r Page 2 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 "...Minimum setback from the west (side) property line at seven feet...". 2. Applicant proposes to reconstruct new dwelling upon existing foundation, rather than new foundation, which presently is set back five feet at its nearest point from the northwest property line (at the northwest corner) and 12 feet at its near- est point from the southwest property line (at the northeast corner), as more particularly shown on Drawing SP -1 dated September 5, 1986, prepared by Garrett A. Strang, Architect. 3. The premises in question is a substandard parcel con- taining a total area of 7,511} sq. ft. with 56 ft. frontage along the west side of Knoll Circle and widening to 69± feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 12 (also referred to _ as Lot 27 and part of 28, Map of Section Two, Gardiners Bay Estates filed in the Suffolk County Clerk's Office September 23, / 1927 as Map #275). This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the �ECEYVE�' closest point) and 7± feet (at the farthest point) from the west side property line, 28 feet (at the closest point) and 40 feet (at the farthest point) from the front property line along Knoll Circle, and 40± feet from the outer edge of exist- ing concrete bulkhead, as depicted on survey prepared October 6,ZONING BOARD OFAPPEAL5 1958 by Roderick VanTuyl, P.C. 5. It is noted for the record that the Variances granted by this Board on November 3, 1986 included: (a) Minimum setback from the east side property line at 12 feet [as established by existing foundation]; (b) Minimum total sideyards at 12 and 7 feet; (c) Minimum frontyard setback not closer than 28 feet from the closest point; (d) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi- tion [at the closest point], and 38 feet for the newly proposed two -foot cantilever. In considering this application, the board also finds and determines: (a) that the variance requested is substantial it relation to the requirements, being a variance of 50% of the required 10 -foot sideyard setback and a variance of 32% of the required total 25 -foot sideyards; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circum- stances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance; (g) that in consideration of all the above factors, the interests of justice will be served by allowing a variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the proposed recon- Page 3 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Ren er—d ed January 8, 1987 struction of the single-family dwelling upon existing foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLOWING CONDITIONS: 1. The reconstruction of the dwelling, including cornices, overhangs, steps, etc., shall be not closer than five feet from the west side property line and not closer than 12 feet from the east side property line (at the closest points as estab- lished and shown on survey dated October 6, 1958 prepared by Roderick VanTuyl, P.C. 2. If foundation is reconstructed, setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices, overhangs, steps, etc.) at the nearest points at the north corners. 3. This approval shall be an amendment to the prior Decision rendered November 3, 1986, and Condition No. 1 thereof, and incorporates Conditions No. 2, 3, 4, 5 and 6 herein. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member Grigonis abstained due to his absence at the public hearing [illness].) This resolution was adopted with a majority plus one votes (4) of the five members present. 1 k G-Z� GERARD P. GOEfiRINGEF�IRMAN January 14, 1987 // ,,,ECEIVEI% ;ZONING BOARD OF APPEALS If% D _',idD FIS D�. BY TFL SO J i I,: LD TO ili CUi,,ii PATIE /niS�1FOUR''.5;/�K Town Clcrr, , T , • �• v - ° 1 n cut.hold ' y APPEALS BOARD MEMBERS u hold Town Board of Appeals So � MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Appl. No. 3864: ACTION OF THE BOARD OF APPEALS TELEPHONE (516) 765-1809 qFAX No. (516) 7651823 RECEIVEL) ZONING E30ARD OF APPEALS Matter of LEOPOLD STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, B, {Article XXIV, Section 100-244, as disapproved) for permission to construct a one family dwelling with an insufficient rearyard setback, approximately 75 feet from the bulkhead in this R-40 Zone District. Property Location: 1390 Bayview Drive, East Marion, County Tax Map District 1000, Section 37, Block 5, Lot 22. WHEREAS, a public hearing was held and concluded on September 21, 1989 in the matter of the Application of LEOPOLD STERN. under Appeal 3864; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Bayview Drive, East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 22. 2. This is an application for Variances from the Zoning Code Article XXIII, Section 100-239d, B. (Article XXIV, Section 100-244) with insufficient rear yard setbacks, approximately 75 feet from the bulkhead. P __ 0 0 6� ' � Page 2 - App 1. No. 3864 kECEIVEU Matter of LEOPOLD STERN Decision rendered October 12, 1989 ZONING BQAkD OF APPEALS 3. Article XXIII, Section 100-239d, B, 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. Article XXIV Section 100-244 (A), this subsection is intended to provide minimum standards for granting of a building permit for lots made nonconforming or continued in a state of nonconformance by the adoption of this Article and that were singly and separately owned as of the effective date of this Article. 4. The subject premises is vacant and consists of a total lot area of .301+- acre, the proposed dwelling will have nonconforming setbacks, in front and rearyard areas. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally notes below. Accordingly, on motion by Mr. Dinizio, Seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3864 Matter of LEOPOLD STERN Decision rendered October 12, 1989 • kECEIVEE ZONING {_i0AkD OF APPEALS RESOLVED, to GRANT a Variance in the matter of the application of LEOPOLD STERN as applied under Appeal No. 3864 for the placement of a single-family dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the existing setbacks remain the same, with the exception of the setback of Spring Pond which will be 21+- feet, as shown on survey; dated 9/26/89, prepared by R. Van Tuyle P.E. 2. A suggestion in the construction process that straw/hay bales be placed approximately 15 feet from the bulkhead, running the distance of the construction, during construction period so that there will be no soil intrusion into Spring Pond. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, (absent, Serge Doyen, Fishers Island and Joe Sawicki). This resolution was duly adopted. df i GERARD P. GOE INGER, AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE '' l d 25"1 HOUR j',Q,:)_ Town Clerk, Town of SoutEcld 0 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 Appl. No. 4044. �o�OS��FO��coG Z�c y 2 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516)765-1823 Telephone (516) 765-1800 kECEIVEDe�oaT 4? 2-0% ZONING boAkD OF APPEALS Upon application of WILLIAM, AILEEN AND JOHN PARROTT. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244B for approval of deck construction at less than 75 feet from the bulkhead and in excess of the 20% lot coverage limitation for all structures. The subject parcel is substandard in size and is located in the R-40 Zone District. Location of Property: 2435 Cedar Lane, East Marion; County Tax Map No. 1000-37-4-9. WHEREAS, a public hearing was held on September 12, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for permission to construct an 500 sq. ft. open deck extension 16.2 feet from the rear (easterly end) of the existing dwelling. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 4, Lot 9 and contains a total lot area of 7,336 sq. ft. 3. The dwelling as exists presently has nonconforming sideyards totaling 29-1/2 feet (7 and 12-1/2), a nonconforming front yard setback at 24 feet, a nonconforming setback from the bulkhead at 56 feet, and nonconforming lot coverage at 24% (2754 sq. ft.). The parcel as exists is substandard with 7,336 sq. ft. in total lot area and a width (frontage) of 56.0 feet. • Page. 2 - ZBA Appl. No. 4044 Matter of JOHN PARROTT and OTHERS Decision Rendered September 12, 1991 RECEIVEC) �w ^� ZONING 14;Akl) (.1F APPEALS 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip -rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. Article XXIV, Section 100-244B limits lotsin a nonconforming status to a maximum lot coverage for all buildings at 20 percent of the total lot area. The increase of the lot coverage over the existing dwelling is 500 sq. ft., or 7%, for a total of 31%. 6. For the record it is noted that similar relief has been granted for other parcels in the area, along Sigsbee Road, etc. 7. In considering this application, the Board finds: (a) the relief requested is substantial in relation to the code requirements although the square footage of construction over that which exists is minimal; (b) the relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed addition without a foundation or basement and without a roof or full enclosure; (c) the relief as requested will not alter the essential character of the neighborhood; (d) the practical difficulties imposed are uniquely related to the property and are not personal; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Villa, it was RESOLVED, to GRANT a variance for a 500 sq. ft. open deck addition at the rear (east end) of dwelling with a reduced 16.2' setback, for a minimum distance from the bulkhead at 39.5+ -feet, SUBJECT TO THE FOLLOWING CONDITIONS: Page 3 - Appl. No. 4044 Matter of JOHN PARROTT and OTHERS Decision Rendered September 12, 1991 1. The southerly (side) yard shall remain open and free of obstructions (with the exception of the existing flagstone area). 2. The deck addition remain open and unroofed, as applied. (All roof runoff must be retained on site.) Vote of the Board: Ayes: Messrs. Goehringer, Dinizio and villa. (Members Grigonis and Doyen were absent.) This resolution was duly adopted. lk ,: GERARD P. GOEHRINGER, AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 9/-Z 3/F/ HOUR P Vs a,7r! (� ' ' U Town Clerk, Town of Southold_ Vo l% �QAKI� OF ApPtA�� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 r-s-P"Allffat,(�o o� W 2 od,�ol dap! BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 s.fi- &?� RECE ED Appl . No. 4118. ZONING SOAK) OF APPLALS Upon application of GLADYS L. MILNE. A Variance is requested under Article XXIII, Section 100-239.4B and Section 100-244B for permission to build a wooden patio deck with an insufficient sideyard setback, insufficient setback from existing bulkhead, and with lot coverage at more than 20% of the code limitation. Location of Property: 240 Knoll Circle, East Marion; County Tax Map District 1000, Section 37, Block 5, Lot 15; Gardiners Bay Estates Lot No. 31. WHEREAS, a public hearing was held on July 29, 1992, at which time all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present (R-40) zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for approval of a new wooden deck over the existing patio area and extending in a northerly direction, along the westerly side of the dwelling. The setback requested is approximately one foot from the westerly property line and 36+- feet approximately from the outer edge of the existing southerly bulkhead. The lot coverage variance requested would be 821 sq. ft. over the allowable 20% (or 29.4%). 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 15 and contains a total lot area of 19,550+- sq. ft. 3. The dwelling as exists presently has the following nonconformities: (a) sideyards at ll+� ft. at the easterly side, and total sideyards at 23+- feet; (b) setback between the existing stone/concrete wall and the lower bulkhead approximately 30 feet; (c) setback from the southerly (rear) 1] Page 2 - Appl. No. 4118 Matter of GLADYS J. MILNE Decision Rendered August 18, 1992 RECEIvEr ZONING BOARD OF APPEALS end of the dwelling is shown to be 50+- feet to the outer edge of the bulkhead along Spring Pond. The patio area which exists and will be replaced by a wooden deck is located at the southwesterly side of the dwelling, is landward of the timber retaining walls, and has a side yard setback of approximately one foot. 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip -rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The land area which is the subject of this requirement is lanedward of the timber retaining walls and extending northerly, within the westerly side yard area, a distance of 54 feet. 5. Article XXIV, Section 100-244B, and Bulk Area -Setback Schedule provides for 20% lot coverage for all buildings. The total for the dwelling as exists is approximately 1700 sq. ft. The area of the proposed wooden deck is approximately 925 sq. ft. 6. In considering this application, Board Members find that the relief as requested is substantial and finds an alternative, with a three foot minimum setback from the side property line to be the minimum necessary under the circumstances, and finds: (a) the relief requested is not substantial in relation to the existing nonconforming setback from the bulkhead along Spring Pond and setback from the side property line for the patio, to be replaced by this wooden deck; (b) the construction is for an open deck addition without a foundation or basement and without a screened or permanent -type enclosure - this type of construction is not major and will aid the stability of the variable land contours; (c) the relief, as alternatively granted, will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have differences in topography, shape and character in relation to the creek shorelines; (d) the practical difficulties are uniquely related to the property and are not personal to the landowner; (e) the grant of alternative relief, as noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; Page 3 - Appl. No. 4118 Matter of GLADYS J. MILNE Decision Rendered August 18, 1992 RECENE6 ZONING, BOAkl) OF .APPEALS (f) in view of all the above, the interests of justice will be served by granting alternative relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to DENY the relief as requested with a setback at one foot from the side property line; and BE IT FURTHER RESOLVED, to GRANT alternative relief with a yard setback from the westerly property line not closer than three feet, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead shall not be less than 36+- feet - as exists for the patio and must be landward of the timber retaining walls, as requested; 2. The open deck construction shall remain open and unroofed, and shall not be permitted to be enclosed in any manner; 3. The setback from the westerly side yard shall be not less than three feet; 4. The patio area may be replaced only with wood construction and with no other structural changes - the deck shall be stepped out of wood with no disruption of existing grade; 5. Copy of final construction diagram shall be submitted for review and acceptance by the Z.B.A..Chairman to show set- backs, lot coverage, etc. before issuance of building permit. 6. Lighting must be shielded to the property and shall not create glare to other areas. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, and Villa. This resolution was duly adopted. lk RECEIVED AND FILED $. � GERARD P. GOEHRIN ER, THE SOUTHOLD TOWN CLERK DATE �12j� HOUR g i� , Town Clerk, Town of Souihold 1 . AWALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning v p Southold Town Hall �� Gym RECErvEu 53095 Main Road o P.O. Box 1179 C4 _' r - bithold, New York 11971 y ZBA Fax (516) 765-9064 ZONING ROARE,, uFTct ie (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION AE REGULAR MEETING OF MARCH 2, 2000 MAR 0 6 2000 Appl. No. 4782 - DANIEL AND MAUREEN MOONEY 1000-37-4-16 STREET & LOCALITY: 575 Pine Place, East Marion 8ouftw Town Clem DATE OF PUBLIC HEARING: February 3, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is known as Lot 145 and part of 146 on the Map of Gardiners Bay Estates, Section 2, Filed Map No. 275. The property has a frontage of 112.93 ft. along Pine Place and Beach Court, lot depth at 78.12 ft. on the east side and 102.40 ft, on the west side. The property consists of 10,298.47 square feet and is improved with a single- family dwelling. BASIS OF APPLICATION: Building Inspector's January 5, 2000 Notice of Disapproval which states that under Section 100-244B of the Zoning Code, the proposed deck construction will be less than the required 75 ft. from the existing bulkhead, and will exceed the 20% lot coverage limitation of Section 100-2448. AREA VARIANCE RELIEF REQUESTED: Applicants originally proposed decks 10 feet deep along the front of the house and 16.25 feet deep along the north side, totaling 1144 sq, ft, according to the Notice of Disapproval and resulting in 26% lot coverage. Proposed setbacks from bulkheads were 13 feet at the northwest corner of the house, 19 feet at the north side, 14 feet at the northeast comer, and 47 feet at the east side. At the February 3, 2000 hearing, applicants submitted a revised plan for deck construction of 5 x 12 feet and 10 x 43 ft. (with roof) along the front of the house, and 16 x 24 feet along the north side. These all total 874 sq. ft., resulting in lot coverage of 23.4%. The amended setbacks are 20 feet on the north and 16 feet to the tie line at the closest point on the northeast. REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) Applicants` lot is only slightly more than 1/4 acre, and is bounded on the north and east by bulkheaded waters. Although the existing house is relatively of modest size, there is little or no room for any sort of expansion without setback and lot coverage variances. The proposed addition of decks to take advantage of the views is impossible without variance relief. (2) The deeper of the proposed decks is located on the north side of the house where it is visible only from the water. The covered deck along the front of the house will extend the front modestly. The neighborhood is made up of generally small lots with generally fairly dense coverage, and the proposed construction will not add to density in a way that would produce an undesirable change in the character of the neighborhood or detriment to nearby properties. N, Page 2 - March 2, 2000 Appl. No. 4782 - D. and M. Mooney Southold Town Board of Appeals (3) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. The Town Trustees have authorized the proposed construction. (4) Grant of the requested variance is the minimum necessary and adequate to enable applicant to enjoy the benefit of deck additions while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT a variance authorizing construction of deck additions as set forth in the revised plan submitted by applicants following the February 3, 2000 hearing. VOTE OF THE BOARD: AYES: Members GoeNnger an), Dinizio, Tortora, Collins, and Homing. This Resolution was duly adopted NGERARD P. GOEHRI GER CH N For Filing about 316/00 RECEIVED ZONING BOARD OF APPS=ALS • APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard R Goehringer George Horning Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD 0 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 bttp://southoldtown.northfork.net RECEIVED 149�.�70 �.tC FINDINGS, DELIBERATIONS AND DETERMINATION MAY 2 2003 MEETING OF APRIL 17, 2003 [O C- %/gid To Appl. No. 5312 - Nancy Chin/Schlaefer uf6o@d wn Clerk Property Location: 180 Knoll Circle, East Marion; Parcel 1000-37-5-17. 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 14,241 sq. ft. parcel has a frontage of 50 feet (radius) along the east side of Knoll Circle in East Marion. The property is improved with a new foundation for a dwelling, under construction and referred to under the September 19, 2002 Building Permit No. 28754-z. The property is situated along a bulkhead 131.18 in length along Spring Pond. BASIS OF APPLICATION: Building Department's January 9, 2003 Notice of Disapproval, amended January 28, 2003, citing Sections 100-244 and 100- 239.46, in its denial of a building permit for new construction within 10 feet on a single side yard, and within 75 feet of the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17, 2003, 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 construct a new foundation, as an alternative, to renovations and additions to the former dwelling structure, a portion of which is 9.4 ft. from the side property line and a portion of which will be not less than 73 feet to the existing bulkhead. The building and site details are detailed as shown on the maps prepared by Fairweather -Brown Design Associates, Inc. last dated July 20, 2002 (Plans S1, Al -A8, E1). The north and waterside locations of the new foundation are identical to the location of the original house, and the addition to the south is stepped back to increase the formerly established waterside setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: tkECEIVEt) /ONIN6 BOARD OF APPEALS Page 2 — April 17, 2003 Appl. No. 5312—N. ChinSchlaefer 37-5-17 at East Marion 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant will retain the pre- existing, non -conforming setbacks noted in the Southold Town Building Dept. Notice of Disapproval, while constructing a new single family dwelling on the original building footprint. This re -building project will not change the character of the adjacent neighborhood, which has a significant density of developed parcels with similar non- conforming setbacks. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, because the applicant is re -building on a parcel with pre-existing, non- conforming, setbacks from one side yard and a bulkhead. 3. The relief requested is not substantial because the pre-existing, nonconforming setbacks will not change. 4. The difficulty has not been self-created, since this property was already improved with a single family dwelling that had the same setbacks, pre-existing zoning code, which will remain after new construction. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The applicant will comply with the terms and conditions set forth by the Southold Town Board of Trustees in its Wetlands Permit and with regard to the adjacent wetlands, has a Letter of Non -Jurisdiction from the NYS Department of Environmental Conservation, and the new construction will retain the pre-existing, non -conforming setbacks from the side yard and bulkhead on Spring Pond. 6. The relief offered is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new 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 BONING BOAR[? r3F f�PPfst_ Page 3 — April 17, 2003 Appl. No. 5312 — N. ChinSchlaefer 37-5-17 at East Marion Homing, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for and shown on the maps prepared by Fairweather -Brown Design Associates, Inc. last dated July 20, 2002 (Plans S1, A1 -A8, E1). 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 Tortora (Chairwoman), Horning, and Orlando. (Member Goehringer was absent during this vote; Member Oliva was out-of-state.) This Resolution was duly adopted (3-0). �—ApprLved Lydia . Tortora,Chairwoman r Filing /03 &'Q 'ZECEIVEC� ZONING BOARD ;� L� Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ZONING BOARD OF APPEALS FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED ev �1 ood ?..So JUN 9c 1'^g Soot own erg ZBA FILE # 6277 - JOHN and KATHLEEN BERKERY, Applicants PROPERTY LOCATION: 250 Bayview Drive, East Marion CTM 1000-37-4-2 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 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: The relief requested under this application is found to be consistent under the policies and standards of Town Code Chapter 268 Local Waterfront Revitalization Program (LWRP) because the proposed construction will not result in an increase in the existing footprint or increase in the ground area coverage of the single-family dwelling, verified in a letter to the Board of Appeals dated May 12, 2009 prepared by Maris Terry and Scott A. Hilary, LWRP Coordinators. It is also noted that the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is an 8,676 square foot parcel measuring 43,09 feet along Bayview Drive to the north, 203.06 feet along the eastern boundary, 77.48 feet on Spring Pond to the south, and 1.75.00 feet along the western boundary. The lot is improved with a single family house as shown by a surrey prepared by William R. Simmons, 3rd L.S., dated December 3, 2008. BASIS OF APPLICATION: Requests for Variances under Section 280-116 and 280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet, (2) the combined side yard setbacks will be less than 25 feet, 0 Page 2 — June 16, 2009 ZBA # 6277 - JOHN and KATHLEEN BERKERY CTM 37-4-2 —70NING 6OAkD OF "'PPEALS (3) the rear yard setback will be less than 35 feet from the property line, (4) the setback to the bulkhead will be less than the code required minimum of 75 feet, and (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a rear porch setback 233 feet from the bulkhead, setbacks from a single side yard at 3.75 feet, and at 8.75 feet combined side yards, and proposed maximum lot coverage of 26.07 percent (based on a lot area of 8,676.41 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Se6tion 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The net result of replacing an existing sun room with a new porch shower will not reduce the setback on that side of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of the proposed alterations cannot be achieved by some method, feasible ' for the applicant to pursue, other than an area variance. The existing house is nonconforming and any alterations will require a variance. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. There will be a net reduction in lot coverage. Existing setbacks will be maintained except for a one -foot decrease on one side due the construction of a new roof. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. The existing house is nonconforming, and minor alterations require a variance. 5. Town Law'267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law $267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the requested construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 — June 16, 2009 ZBA # 6277 - JOHN and KATHLEEN BERKERY CTM 37-4-2 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the site and elevation diagram prepared January 9, 2008 by Mark K. Schwartz, A.I.A. and subject to the condition that: Drywells be installed (as per code) to contain storm -water runoff from the new roof. 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 Goehringertairman,Si , Wq' man, an Sch ider. (Member Oliva was absent.) This Resolution was duly o Ger P. Goehringer, Chairman proved for Filing 6/ Zi AECEIVEr-) WNING BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET % VILLAGE DIST. SUB. v' LOT,!c " ,# )FORMER OWNER N E ACR. -- S W TYPE OF BUILDING :ES. ( p i SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ND IMP. TOTAL DATE REMARKS � a� ,65 Cho -IS rno - d ltfn e�&4 21200 -1 85 am s- Y1 OG q44,rCEjVED 2 !� AGE BUILDING CONDITION q z ill, NEW NORMAL BELOW ABOVE = BOARD OF APPEALS FARM :.Acre Value Per Acre Value Fillable 2 l a v 3 !,. t �' "i l table 3 _ f=� Voodland swampland FRONTAGE ON WATER S- i >rushland FRONTAGE ON ROADS louse Plot DEPTH BULKHEAD ?' f otal DOCK U m ' 8 � � aW •�3Y % i � . y • ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 22, 2014 RE: Zoning Appeal No. 6829 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6829 for 860 Bay -view Drive, LLC -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, LWRP Consistency Assessment Form, Board of Zoning Appeals Application Authorization from Joseph Ciampa of 860 Bayview Drive LLC for Michael A. Kimack, Notice of Disapproval to Michael Kimack for 860 Bayview Dr. LLC Dated September 3, 2014 Updated December 15, 2014, Certificate of Occupancy for No. Z-33072 Dated June 4, 2008, 4 Pages of Photos, Southold Board of Appeals Prior Findings Deliberations and Determinations Request for Variance from Bulkhead Setback, Action of the Zoning Board of Appeals for Appeal No. 3557 with Application Dated November 24, 1986, Action of the Zoning Board of Appeals for Appeal No. 3864, Action of the Board for Appeal No. 4044, Action of the Board for Appeal No. 4118, Findings Deliberations and Determination Regular Meeting of March 2, 2000 for Appeal No. 4782 of Daniel and Maureen Mooney, Findings Deliberations and Determination Regular Meeting of April 17, 2003 for Appeal No. 5312 of Nancy Chin/Schlaefer, Findings Deliberations and Determination Regular Meeting of June 16, 2009 for ZBA File #6277 for John and Kathleen Berkery, Town of Southold Property Record Card for Tax Map No. 1000- 37.-5-7, Property Map of Section 37 Pointing Out 860 Bayview Drive, LLC, Survey of Property for Tax Map Numbers 1000-37.-5-7 and 1000-37.-5-10 Originally Dated October 13, 2004 Updated December 10, 2014, Drawing Showing Proposed Deck Dated December 17, 2014. • ***RECEIPT*** Date: 12/22/14 s Receipt#: 179547 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6829 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #1175 $500.00 Michael Kimack Name: Llc, 860 Bayview Drive 860 Bayview Drive East Marion, NY 11939 Clerk ID: SABRINA Internal ID: 6829 BOARD MEMBERS 1* Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 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: 11:00A.M. - 860 BAYVIEW DRIVE, LLC #6829 - Request for Variance from Article XXII Section 280-1168 and the Building Inspector's September 3, 2014, renewed December 15, 2014 Notice of Disapproval based on an application for building permit to construct a deck, at; 1) less than the code required bulkhead setback of 75 feet, located at: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCTM#1000-37-5-7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothO-Town. Southold. ny.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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) SC`I`M Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, /611Clwsz W t1'1W (?�� residing at New York, being duly sworn, deposes and says that: AFFIDAVIT OF MAILINGS On the /7'4'day of,Wi 10 -'SAY , 201ST personally mailed at the United States Post -Office in !1'1/,AA6,S P , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on filewish 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. 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Article Number 7013 2630 0000 0902 7291 (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt .s TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of 6"60 �?YI/,��GU Ly2✓Y LL (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000 - COUNTY OF SUFFOLK) STATE OF NEW YORK) 41 AFFIDAVIT OF POSTING 1, /�� ' ,rQ1� l�/%� l/L residing. at �� . /� V)6FF P D ? ,C- New York, being duly sworn, depose and say that: On the day of-41VIJ4X )l , 201 , I personally placed the Town's Official Poster, with the date of hearing andnature of my application noted thereon, securely upon my property, Iocated ten (10) feet or closer from the street or right-of- way (driveway entrance) — facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained. in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before use this . Day of , 201 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME 860 BAYVIEW DRIVE LLC 37.-5-7 %JARIANCE BULKHEAD SETBACK #6829 REQUEST CONSTRUCT NEW DECKING DATE: THURS FEB. 5, 2015 71:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. *ZONING BOARD -TOWN OF SOUTHOLD 765-1809 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. Sworn to before me this LEGAL NOrnCE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 5, 2015 PUBLIC HEARINGS NOTICE 1S HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971.0959, on THURSDAY FEBRUARY RY S 201 S 9.30 A M JOAN COOKE #6808 - (Adj. from 12/18/14) Request for Vari- ances from Article XXIII Section 280.124 and the Building Inspector's August 28, 2014 amended September 5, 2014 Notice of. Disapproval based on an application for building permit to construct additions and alterations to existing single family dwell- ing, at; l) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, 3) less than the minimum code required side yard setback of 10 feet, 4) less than the code re- quired .total side yard setback of 25 feet, 5) more than the code permitted lot coverage of 20%, located at: 2205 Bay Avenue East Marion, NY. SCTM#1000-31=17-6 10.00 A M - ROBERT W DIXON #6831 - This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCIM #1000-38.6-5, based on the Building Inspeo- tor's December 15, 2014 Notice of Disap- proval, which states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R40 Residential Zone District) this lot is merged with lot 1000-38.-6-6, located at: 555 & 545 South Lane(comer West Lane) East Marion, NY. S CTM#'s 1000-38-6-5&6 10:20 A.M.- DAVID TURNER #6830 - Request for Variances from Article XXIII Section 280-124 and the Building Inspec- tor's December 5, 2014 Notice of Disap- proval based on an application for building permit for additions and alterations to ex- isting single family dwelling, at; l) less than the code required minimum single side yard setback of 5 feet, 2) less than the code �3 required minimum combined skip -yard set- back of 25 feet located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY. SCTM#1000-80-1-47.1 10:40 A.M. - RICK N PPT #6828 - Re- quest 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 per- mit 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 Bou- levard (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000-128-2-22 11:00A.M. - 860 BA W DRIV>~ LL -Request for Variance from Ar- ticle XXII Section 280-116B and the Build- ing Inspector's September 3, 2014, renewed December 15, 2014 Notice of,Disapproval based on an application for building per- mit to construct a deck, at; l) less than the code required bulkhead setback of 75 feet, located at; 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SCIM#1000-37-5-7 11:20 A.M.- TIMOTHY nrt QROR- GIA O INN #6833 - Request for Varil ances from Article III Code Section 280-15 and Article XXII Code Section 280-116 and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for ac- cessory in -ground swimming pool, at; 1) location other than the code required rear yard, 2) less than the code required 100 foot setback from top of bluff, located at: 63165 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCl'M#1000-40-1-14 _ Request for Variances from Article III Section 280-15 and Article XXII Section 280-116B and the Building Inspector's Oc- tober 31, 2014 Notice of Disapproval based on an application for building permit for 'as built' accessory garden shed, at; l) less than the code required minimum rear yard setback of 10 feet, 2) less than the code re- quired bulkhead setback of 75 feet, located at: 4500 Ole Jule Lane (adj. to a canal) Mat- tituck, NY. SCrM#1000-122.4-32 1.15 P.M.- LEWIS TFPER AN #be b7 - Request for Variance from Article XXII Section 280-116 and the Building Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for building per- mit to reconstruct a deck, at; 1) less than the code required bluff setback of 100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-2-16 1:30 P.M.- BERRY & BERRY #6818 - (Adj. from 122/15) Request for Variance from Article XI Section 280-49 and the Building Inspector's January 14, Principal Clerk day of 2015. URISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK NO- 01V06108050 AU011fiod In Suffolk County ohflttlsrrlan Expires February 28, 2016 2015 Notion of Disapproval based on an ap- plication to convert dwelling to single con- tractes business, at; 1) less than the code required minimum front yard setback of 100 feet, located at: 41535 Main Road (aka State Route 25) Peconic, NY. SCTM#1000- 75-5-13. . Tbe: Board of Appeals will hear all per- sons 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 ear iea.than designated above. Files are available. for_ review during regu- lar business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email k! u wn holdgyg: Dated. January 12; 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VickiToth 54375 Main Road (Office Location) 530995 Main Road (Mailing/USPS) P.Cr. Box 1179 Southold NY 11971-0959 1= IT 129 0 0 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: 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 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 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 Ends. BOARD MEMBERS 9 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 December 19, 2014 Southold Town nnln4 Board Re: ZBA File Ref. No. #6829 — 860 Bayview Drive LLC Dear Mr. Terry: We have received an application for construction of new decking in E. Marion. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson 11911 Jill, A 0,11 Encls. BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider OF SOUryo� � O CA COUNTY, http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 19, 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 #6829 Owner/Applicant: 860 Bayview Drive LLC Action Requested: Construct new decking — bulkhead setback 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 Encls. Michael A. Kimack ry\ Attorney at Law 321 Riverside Drive DECEIVED Riverhead, New York, 11901 �., k, 0`t Tel. 516-658-6807 E-mail: mkimack2@verizon.net BONING BOARD OF APPEALS February 5, 2015 To: Zoning Board of Appeals Subject: Hearing on Case # 6829 860 Bayview Drive, LLC At the recent hearing on the above referenced matter, the board raised some issues and concerns that I would like to address. As regards the proposal that the deck extend 18 feet from the foundation southerly to the retaining wall, my client would propose reducing that to 16 feet from the foundation, or a deck of 14 feet width, as a compromise to the Board's concern. In addition, the board noted that the "plastic shed" in the north east corner of the property was situated in a way that it was on the adjacent lot. If the Board feels a correction is in order, the controlling entity of the lot (which is the same for the present case0 will comply.in the shed's relocation Also, I inquired from the owner whether he may be aware about the pipe shown on the survey exiting at the retaining wall. Apparently, the pipe is owned by the community and presently serves as a drain for the roadway system though catch basins. I believe the community is in communication with the Town to arrive at a plan to discontinue this pipe and other pipes serving the same purpose. However, as I suggested at the hearing, the lot, which is the subject of this matter before the Board, has its own dry well system approved by the Town and is not connected to said pipe, nor has any authority over its status. Sincerely, Michael A. Kimack BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider Date: February 6, 2015 To: Michael Collins http://soutlioldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 5437.5 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMO Re: ZBA Application #6829, 860 Bayview Drive, LLC At our public hearings February 5, 2015, it was brought to the Board's attention, that there is a drain pipe on the subject property. The Board asked the agent what the status is of the pipe and he delivered the enclosed letter. The Chairperson asked me to request you to review the letter and the survey (enclosed) to verify the information provided. Thanks, Vicki Toth Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead, New York, 11901 Tel. 516-658-6807 E-mail: mkimack2@verizon.net January 29, 2015 To; Town of Southold Building Dept. .and Zoning Board of Appeals Re. Amendment to Notice of Disapproval and pending ZBA case # 6829; 860 Bayview Drive, LLC. �g�9 ! CEIVEC; f BOARD OF APPEALS The intent of this latter is to notify the building department and ZBA that we propose to amend the description previously submitted to the following: Construction of a second floor Deck measuring 16"-0" x 27"-0" with a grille fireplace on the westerly side and a staircase3'-6' in width with 2 platforms on the easterly side. The deck will be supported by 3 columns with stone bases. Remove the existing stone on grade patio and expand to 18'-0" x 56'-8" as shown on site survey. Note: The original proposed setback from the concrete retaining wall of 57'-0" remains unchanged. Note: The disturbed area for the expanded on grade patio is 645 sq. ft., representing a revised disturbance area of 0.015 acres. The original application stated 0.0004 sq. ft. for 2 columns only. Note: The present lot coverage is 109.30 sq.ft. for the plastic shed and 2,300.17 sq.ft. for the 1 '/z story house for a total of 2,409.47 sq.ft., or 0.08% lot coverage. The proposed deck would add 432 sq.ft. for a new lot coverage total of 0.096%. ( Calculated upland lot coverage at approx. 29,500 sq.ft) Note:. The proposed expansion of the deck to the west by 3 ft. would reduce the westerly side yard setback from 28.2 ft. to 25.2 ft. With the existing 10'-0" setback from the easterly property line, the proposed deck does not violate the required combined side yard setback of 35 ft. ( 25.2 ft. + 10.0 ft. = 35.2 ft.) Thank you for your consideration in this matter. Sincerely, Michael A. 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E / ` ! 1 oEacAaovE _ f./_'�; •� Cir` f-/: ^1 \—/ L�f` f./_�^� \� _ rPMD PAM ON - 3'-6" 3'-9" 23'-7' L PROJECT NORTH FOUNDATION PLAN SCALE: 1/8"= 1' -A NEW DOOR QUMASE 3 VMAOCP M O a o9 ;o 0. PROPOSED DKK ----------------- 2, -a-- 3'-6" PROJECT NORTH 1ST. FLOOR PLAN SCALE: 1/8"= 1' REVISIONS: &A i u ! i ''• O ego � Y a W ^ za F—I x w 20 � ew O F,H a o� O w a U a W Q Az 3� N � W M o0 W C> 00 DRAWN: MH/MS SCALE 114"=l'-0" JOB #: January 29,;00 SHE W MEEK: A-3 BAYWIEV DRIVE s <11 til tiI 00 • � I o I Y��Yl�oti 1$ �O �°o��� F��1yIL� LO E z w WILLIAM G. H MPEL, JR. do EDNA A. HEMPEL • W `tb s ti N 00 LOT O b1 . W O • , to LOT C� ' e �y. W N 8 8' 5 3' 3 9" E FENCE 131.44 a d Z FOUND • CONC. MON. FOUND NAIL FOUND tx CONC. MON 5�p 1,01 • r—WATE t ��� V d • METER O ssy • ij n cJl°° •JSO CESSPOOLS •L? E DRAIN ANE J _ TANK VALVE O SEPTIC 7� I� TANK 0dar n z O • STONE WALL, O z w ` PLAT �; �was STEPS 00 I 00 / R1L OAF UO MP i3) AIR COND. / • ' d • � *�� POS 7 UNITS o �o STONE ,° s / ? PORCH 40 0 / 0 MAp� 23.5' r� • • • d ,. OLL .G'SB. yj�02' , W AGSF k' � o / A . . u CQ1� OF9 CONO MS pOH DRAIN � 1-112 6;,e30 , oTi144' Gsy °� e o M HOUSE k GARAGE E • 42• 0 a� l v 6 oo C. FL. ELEV • • 'A' BASEMENT FL ELEV. • a rV i o �4 d o �\ N 7st STORY 2'�OUT 53.Z' W �n -35; si s T , , i , '.. � n Ti 2 vn�� _TO EACTFAtp_ f115[ /owZO �y3 , f � PROPOSED .ENTLR je-4e QIE�,e 4� 0 063ELEVATED f�� I DECK 0 z a .s PROPOSED O �Z CE El I Z oa I SILT FEN r z O u o O o CitT W z I .cO ❑ z I N ,c (�� c"'; Elz 4 ❑ x 'U 3` I QJ n w N O I It'*__PIPEIN El WI Elui X n N A11 WARD o� NA OE4L ND BOUNI 'F TIDAL 2c`;3• n AL 0�9 f k AL � RETAINING WAL 'FALL44 0 0 �Y ti3 3 G AL •�\F. �,��' 'SIS' .Y` O -� EN'S 2a �pP►�� ON A Ak �V' ti' N. Opo •L � . �\ 4 \ GO 41 A, WOOD RAMPLO O) LA 0 Obi •• � O z O� x OO 0 I Z SPRING POND SURVEY OF PROPERTY SITUATED AT EAST MARION TOWN OFF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-37-05-07 S.C. TAX No. 1000-37-05-10 SCALE 1"=20' OCTOBER 13, 2004 AUGUST 10, 2006 FOUNDATION LOCATION OCTOBER 18, 2007 FINAL SURVEY DECEMBER 27, 2007 REVISED NOTES DECEMBER 10, 2014 UPDATE SURVEY AND ADD PROP. DECK JANUARY 12, 2015 REVISE PER NYSDEC LETTER 12/30/2014 TOTAL AREA = 30,099 sq. ft. (TO TIE LINE) 0.691 ac. NOTES: 1. LOT NUMBERS SHOWN THUS: LOT 24 REFER TO MAP OF GARDINER'S BAY ESTATES, ECTION TWO FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER 23, 1927 AS FILE No. 275 CER TIFIED TO: JOSEPH G. CIAMPA 03 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED ]7 Z' BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY T YORK STATE LAND crn TITLE ASSOCIATI_11 OF N < TSV }Q -q' 5"l-, Z D Lnt • a �s �, LAM] N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT SEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. 0 ZZ ro 71 �■ ■■ I ■■■'. �� MIM MIN M wll� 11 i -m FORM im No JIMIJIM: =Mal 1�-- ii MEN mmllmm ME 10,011M ME lmmm m ■■ /� '""AYWIEV DRIVE E "o n� s o- <11 • i�/ 07'�0�7'I ,a QQ gt�'A1�• oil A kp 1sIA. s p a WA WILLIAM G. HEiMPEL, JR. a & EDNA A. HEMPEL • N 00 . W p rn LOT a N M LOT 20 O • Z N 88'53'39" E FENCE 131.44' e°ss S1h° , ' d FOUND N • a a • - CONC. MON. FOUND NAIL • -WATE 0•6'W. CONC. MON a .METER I I ��� Q 5� Os DRAIN CESSPOOLS �OOO SOSFO n / w PROPANE- TANK ROPANE w .' TANK VALVE W Iw 0 SEPTIC • d TANK _ f / o w I 0 STONE WALLPLAT, o o WLN 0 Tt iLu Sr0 4 S E S u U3 ~fn i O� / �' • �\ \� o • , a •• l `� NF k% PMP C3) AIR COND. \ i • O O,PGO�' (L OST UNITS � ❑ t�\ / . � ' � •OO. • - p % STONE °° O'iP S, Oiy PORCH M 39.6' \ i d WALL 01, o / � • 0. G'S. ��p2. y, � BG �< � 23.5' � w • � . � R a . • o A i G4 0� OF cONC Se � DRAIN 0 ' V 6 . eL ORi e�ShrF MON ` ° w 1-1 2 STORY s.3' a .30 , �r m �' C M 0 HOUSE G FRAME • • 4 00 >> o F.FL ELEV t GARAGE p d 00 'A/ BASEIyFL. ELEV. jg \ . ,Y Z o nitl fNT FL. ELEV. Q a o • 'cP Z �` 4 Z O (3 STO X".t st RY 2'our os1 TF oo a O- l s STONE 1 PATIO 8 c� -f ' PROPOSED SED ON GRADE I 2,3 4 s , EL TE44 0 C F l I DECK ❑ , PR �3 Elo M A4ZpppSED I SILT FENCE ❑ ? 1 o r o +� x n° w v I o y E I pc Z 1p O p O� ❑ Z °o �� � o r v ❑ — O� r Lo ❑ 3 I W Lv 2 ❑� I ❑ I �h 44 44 I tr--P PAIN I ❑ �, �'vv�v I I co ❑ I VO �\O� 4� W RETAINING WALL w 6? El4 0,�� o O Q �Nt ;° U o ° Z Qco WOOD RAMP L0 LA CD I 0 oz I o 6' J X000 ' Lp Z SPRII�TG POIl�17 SURVEY OF PROPERTY SI T UA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-37-05-07 S.C. TAX No. 1000-37-05-10 SCALE 1"=20' OCTOBER 13, 2004 AUGUST 10, 2006 FOUNDATION LOCATION OCTOBER 18, 2007 FINAL SURVEY DECEMBER 27, 2007 REVISED NOTES DECEMBER 10, 2014 UPDATE SURVEY AND ADD PROP. DECK TOTAL AREA = 30,099 sq. ft. (TO TIE LINE) 0.691 CIC. NOTES: 1. LAT NUMBERS SHOWN THUS: LOT24 REFER TO MAP OF GARDINER'S BAY ESTATES.` ECTION TWO FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON SEPTEMBER 23, 1927 AS FILE No. 275 CER TIFIED TO: JOSEPH G. CIAMPA �p?_1z9 "*�- PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. of ppP1rA `, CaF 50PA Zn�INc' ..r Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE Nathan Taft Corwin ��� NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE Joseph A. Ingegno L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND Title Surveys — Subdivisions — Site Plans — Construction Layout TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 4-2' BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider February 20, 2015 Michael Kimack 321 Riverside Drive Riverhead, NY 11901 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6829 — 860 Bayview Drive, LLC Dear Mr. Kimack: 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. Sincerely, q� Vicki Toth Encl. Cc: Building Dept. I77, 3 IJ I P op, Gt. m 17.1 i � �' �'` ' . 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