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HomeMy WebLinkAbout1000-90.-2-3To OFFICE LOCATION: Town Hall Annex 54375 State RoVte 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 28, 2014 Re: Coastal Consistency Review for ZBA File Ref JOSEPH and CYNTHIA SCHAFER #6727 SCTM#1000-90-2-3 JOSEPH and CYNTHIA SCHAFER #6727 - Request for Variances from Article XXII Section 280-116 and Article XXIII Section 280-124 and the Building Inspector's January 8, 2014 Notice of Disapproval based on an application for building permit for partial demolition and reconstruction of a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required front yard setback of 35 feet, located at: 1030 West Lake Drive (adj. to Little Peconic Bay) Southold, NY. SCTM#1000-90-2-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the policy standards and therefore is INCONSISTENT with the LWRP. Policy 4.1. "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended. specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The frame garage is currently located in the FEMA flood zone AE 6 and is proposed to be relocated within the FEMA flood zone VE 10 and AE 6. It is recommended the Board further this policy by requiring that the frame garage be located out of the VE and AE flood zones to the FEMA flood zone X500 in the eastern section of the parcel if practicable. Figure 1. Subject parcel and flood zone designations. In the event that the action is approved it is recommended that the following is required to further LWRP policies. 1. Establish a landscaped buffer greater than 10' wide landward of the bulkhead. A definition of a landscaped buffer follows: LANDSCAPED BUFFER - A land area of a certain length and width which is planted with indigenous, drought -tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four - foot -wide access path constructed of pervious material for access to the water body. 2. The application states that the homeowner has proposed a new septic system however the septic system is not shown. It is recommended that the location of the septic system be identified. 3. Two drywells are proposed in the FEMA flood zone VE 10. The two drywells proposed should be evaluated to groundwater depth and potential for flooding to preserve the function of the drywells during precipitation events. 4. Limits of clearing are referenced on the site plan S-1 (1/6/14). The site is improved with lawn and hedges on the north and east property boundaries. It is recommended that the Board clarify the reference. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 22, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6727 - Schafer Dear Mr. T 9 b- 2 HT] LL Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 N 2 2 2014 We have receid an application for partial dem ition and re -construction in Southold. A copy of the ilding Inspector's Notice of sapproval under Chapter 280 (Zoning Code), and survey nap, project description form are attached for your reference. Your written evaluati Code procedures of L letter. Thank you. Encls. with recommendation for this proposal, as required under the ZP Section 268-51) is kequested within 30 days of receipt of this Very truly yours, Leslie K. Weisman Chairperson TO: Joseph Schafer 8 Eagle Lane Manorville, NY 11949 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 8, 2014 Please take notice that your application dated January 8, 2014 For permit for partial demolition & reconstruction of a single family dwelling at Location of property: 1030 West Lake Drive, Southold, NY County Tax Map No. 1000 — Section 90 Block 2 Lot 3 Is returned herewith and disapproved on the following grounds: AE*,e, 00K(or The proposed construction, is not permitted pursuant to Article XXIII, Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, ... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." Q The proposed setback is 37.6' from the bulkhead. Also, the construction is not permitted pursuant to Article XXIII, Section 280-124, which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town..." The minimum front yard setback is 35'. The proposed front yard setback is 29.5'. Authorized Signature Cc: ZBA, file Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No/0-30 Street APF5TL,4kE D2/UE /Do SCTM 1000 Section 410 Block 7— Lot(s)-,3 Lot Size! • 9y7 Zone /2—//o I (WE) APPEAL THE TTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ,A/y • Z-/, _0WRIBASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address: Efr6G� G,Q/1% /y19n/02 , IVY // g1% -f Telephone:63/-53686YFax: Email: 5cloke- 6@op/-onAt2e-,'nl- NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee7et Landname of person who agent represents: Name of Representative: N/ for ( ) Owner ( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to, from the above names: VApplicant/Owner(s), () Authorized Representative, () Other Name/ Address below: WHEREBY THE BUILPING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 0/ -'D6- /" and DENIED AN APPLICATION DATED -O/ -O'?-// FOR: uilding Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of zoning Ordinance by numbers. Do not quote the code.) Article: XXII I Section: 280-1110, 280-1 7-4" Subsection: Type of Appeal. An Appeal is made for: )�K)"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, ><has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: AIM"' 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: 3. The amount of relief requested is not substantial because: 5w/-V?F 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? { ) Yes, or { ) No Why: Are there any Covenants or Restrictions concerning this land? { } No { } 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 Applic r uthorized Agent (Agent must submit written A otiTation from Owner) Sworn to before me this day of 120 Notary Public Owners: Joseph and Cynthia Schafer 1030 West Lake Drive Southold, New York Reasons for Appeal: Answer to question 1: The variance requested will not produce an undesirable change in the character of the neighborhood or detriment to nearby homes. The neighborhood is a collection of capes and saltbox style homes, truly a variety of structures -each built with its own unique beauty and charm. A variety of dwellings were built on small, non -conforming lots. The variance request is less than the proposed lot coverage and setbacks of the said homes in our community. Answer to question 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. The current lot size is only 0.34 of an acre. The changes requested will have the least impact on the property. When considering placement of the garage (which is currently leaning toward the street side), the architect selected the proposed location because it did not obstruct any neighbor's water view of the Peconic Bay. The request to bump out the home 10'x51' across (street side of the home) is to accommodate and update the bathrooms and to move the mechanicals from the basement to the first floor. This request is at a minimal to obtain our needs. After the 10' extension, the remaining distance to the street is 30' facing north. The 51' addition across will leave 10' west to the side yard. Answer to question 3: The amount of relief requested is not substantial. The architect was instructed to resolve our needs with the least amount of impact. The architect's design decisions extend the footprint of the home using the least amount of space and solving our needs. Other concepts would have required more space, and we did not want to exaggerate our requests, by spoiling the quaint beauty of the neighborhood. Answer to question 4: The variance will not have an adverse effect/impact on the physical or environmental conditions in the neighborhood because the improvements do not set precedence. These improvements are conservative and at the minimum needed. The homeowner also has proposed a new septic system and drywells. Answer to question 5: Yes, the alleged difficulty has been self-created. The homeowner purchased the home after the zoning code was in effect and it is presumed that we had no construction knowledge of the limitations on the use of the property/home under the current zoning code, prior to the time of purchase. Answer to question 6: Are there any covenants or restrictions concerning this land? Yes, see the attached deeds obtaipgd from the cognty clerks' office. Signature of Applican - Date: Claudia Pizzo Notary Public, State of New York No.01 PI6287798, Suffolk County Commission Expires 08/19/20_ APPLICANT'S PROJECT DESCRIPTION APPLICANT: V mak% DATE PREPARED: &-111,61111 1. For Demolition of Existing Building Areas Please describe areas being removed: G1ix'V A Pj0 zQ0 fG 0E t/.421,4,VC4 7W6 04P 6WIZ 46E LJ///bc 10C7n0YeD• -TyF NEw -To 77-46 HO�E. /ZFM#v,4"-/of /LC IfeWr tJ/� H. New Construction Areas (New Dwelling or New Additions/Extensions): lNGLlpop QZ�E /! r)c /9. Dimensions of first floor extension:( /U x :;p / • � '`�"" �""" �'�� Of HSL 'c�a4�96F Dimensions of new second floor: At-nriocrn /2,E • /d >< • , ZNo D //• 70 73 LMW7,11 Dimensions of floor above second level: NONE Alp AM -10 Height (from finished ground to top of ridge): 2-'7 - Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: /z/0 70 8-• F///EA /1/ M. Proposed Construction Description (Alterations or Structural C anges) (Attach extra sheet if necessary). Please describe building areas: AGrs^6nrlix L/�/"�6" /circuE„/ Number of Floors and General Charact ristics BEFORE Alterations: STi .vC74�+L Cc1.41v&e QD a��J6f/Noa/Fl��6 BiP7A//Z4VW LJ7lACN/,V6 641),4iE •To -y./E HOA14 . 64~ 14n0o i 445w& 6;A~ 1MRAcIA-v = 7,— F1M2- Number of Floors and Changes WITH Alterations: EK/E"'D/N6 IWE .OM7 PR/M aft Mass �. /1/6f/:'OelG of G[oo/,S 2E7"4/N 72/C ,47r,4GaAEp Tb 7 -He NoVArE . IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: /7/7 5a2 • FT. Proposed increase of building coverage: 014/LD/A/6 667.6SG►ti . F7 polz ey 2S3 Square footage of your lot: 1&,117-1 5& /L• FT. Percentage of coverage of your lot by building area: / -7. -7 V. Purpose of New Construction: vPp476 40,*7 //Z1'111rn5, 1Z&C1X4ME lgeOMMtGftS F/loI" 461f9AVWE^7' To /r7 F[g�oR . OLD 6.44¢6& Gorup/l,4M• To Cote pe✓YIo Q 47l.WLN 9;Y,5 -t —40n'/ /ZOO✓.�•y�' �[/STiivb ,ST/2vG7t//lE /174�E /1?04E 19VEhb�/�ilClEi`rT 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): I -CT S/2E /5 . ?✓`/ NW � 711E 1,W.,V> 00-17 It Iry .4 SG✓6H>;" 6j -0.0E /.,-r ?NE 601^1'6 DCZ-j#J_ Vocill in 77.,E No2'%i/ G-SE57 G0244rt OP Y,4/z,D $ELS S A41zv-ey . / FTO✓EiL d !-Here rvE G444 -f -6,E /s GtY47EZ, - 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 y' AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. L Name of Applicant: gaudptl 2. Address of ApplicantV0 O!v�`S7 /AKE Pei v 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: qOl"-' /rrtP2Dl'��IEN% 6. Location of Property: (road and Tax map number)/030 lse,5744*-e DRi91,6 �yGTiHIA� . 9oBl�� 2 (�oT 3 7. Is the parcel within 500 feet of a farm operation? { } Yes No 8. Is this parcel actively farmed? { } Yes bf No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of 4,Wcant 1, 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. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _�< _No B. Are there any proposals to change or alter land contours? No X- Yes please explain on attached sheet. Ai?eg j /rJo Di Ot-,D LCo En�� 70 1"41r4q, NP "OVAPeP . 70 / r4l 041,01 Pf z- conTaud . C. 1.) Are there areas that contain sand or wetland grasses? ND 2.) Are those areas shown on the survey submitted with this application? 3.) Is thhperty bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N4 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N6 Please show area of the C/D 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? N6 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? Nb If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use P%L opcon> 5,#Me W /ry Afzf`E (ex: existing single family, proposed: same with garage, pool or other) and 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletine Part l - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I - Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): l03o w�s7 G,�f/� DIZ�v �7z , ^/ ,W V ZAE:� Brief Description of Proposed Action: �i W& eG�i�.�iwis �2o�vt f3 � 170 /��Loo/� 41P DA?e 7PN4W 6W"946 J5 . .,g/ /L�/vQ Vif T��G, 2/116 DEl�f�6 'T/� 4 M-01 %6 -5124ee7- iL.E- ,,4AV Awa/1V6 A Name of Applicant or Sponsor: elephone: 6 3/537_3 6� FE-Mail: ��-iy�lf�/t $'CL Address: Ci/PO: State: Zip Code: 77 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: OGTfi/Af G46 -71E2 OF Dse X C4714-1&icA�A/ fGIlL/S D /GT1o+Y e $ lbNN ,3/iars�C 3.a. Total acreage of the site of the proposed action? p. acres b. Total acreage to be physically disturbed? '// SG2. acres c. Total acreage (project site and any contiguous properties) owned D 3. or controlled by the applicant or project sponsor? 7 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 icy 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A y 6. Is the proposed action consistent with the predominant character of the existing built or natural 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 x 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 X X X 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: AG-I0#J Gni// /VE,07- a, BB FOPrel X7 ?D S'7-0ZF EKh26Y LUDf NO YES x 10. Will the proposed action connect to an existing public/private water supply? /Tj/ lv�y�2 If No, describe method for providing potable water: NO YES x 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: �'EP7YG 7XA1*5 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 X X 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 X X 1 nt� ical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shor ❑ Forest ❑ Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑ Urban ❑ 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 X 16. Is the project site located in the 100 year flood plain? NO YES Y 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? VNO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO )O YES P2Y t�E'//S To !3� i.�/ P%1c� S�,E Surrvty NO YES X Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? small to large If Yes, explain purpose and size: x impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? 1. Will the proposed action create a material conflict with an adopted land use plan or zoning If Yes, describe: X 2. Will the proposed action result in a change in the use or intensity of use of land? X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spon r name: --Yof e kl SC4114PEKC- Date: Signature: IN Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? X 3. Will the proposed action impair the character or quality of the existing community? x 4. Will the proposed action have an impact on the environmental characteristics that caused the 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 X 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? X 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)? x Page 3 of 4 Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 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 x problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# -�-- - ?i --�; The Application has been submitted to(chec kappropriate response): Town Board 0 Planning Dept. [ Dept. Ea Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: n--1 7� .5;✓-0rJ Xy Location of action: Site acreage: /'p. '�Z/ �v"P� . `T Present land use: 21�plV Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (� (a) Name of applicant: (b) Mailing address: ` G� G,¢. %l os �6CG (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action ectly undertaken, require funding, or approval by a state or federal agency? Yes ElNo If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No (Not Applicable - please explain) T /w Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — P licies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable — please explain) T 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 0 Yes E No 1� (Not Applicable — please explain) /��/ 241-.11///N6 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes D No of Applicable — please explain)- A -C L 6ykd /7-7 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria R Yes © No 11�Not Applicable — please explain) 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. R Yes D No [M/(Not Applicable — please explain) 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. See Section III — Policies Pages; 34 through 38 for evaluation criteria. © Yes © No (Not Applicable — please explain) Attach additional sheets if necessary Policy 8. substa ces Yes ❑ No ❑ (Not Applicable — please explain) Minimize environmental degradation in Town of Southold from solid waste and hazardous and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. 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. 0 YeAD No (Not Applicable — .please explain) All �vvL/c .¢�ccss �p/'iv,05-7E r 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 suitab locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ (Not Applicable — please explain) :- j' ��`7cn? . x/ //VGy v �'7 CID lei c� o/0>j r 7 trrt - 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 Q Not Applicable — please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for eval ation criteria. ❑ Yes 1:1No Not Applicable — please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section In — Polic;Not ; P ges 65 through 68 for evaluation criteria. © Yes ❑ No Applicable — please explain SURVEY Of LOT 1 1 6 AS SHOWN ON A CERTAIN MAP ENTITLED'5UBDIVI510N MAP CEDAR BEACH PARK, 51TUATE AT BAYVIEW, TOWN Of 5OUTHOLD, NEW YORK," 5URVEYED AND CERTIFIED BY OTTO W. VAN TUYL, ENGINEER AND 5URVEYOR, AS MAP NUMBER NINETY (90) ON OR ABOUT DECEMBER 19, 1927. SITUATE: DAYVIEW TOWN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 09-1 1-2013 UPDATE 09-17-2013 Ft nnn 7nN1F 1 O 1 1 On 1�2 REVI SUFI 100( CER' CYN' JOS] CHI( i FLOOD ELEVAT N W E s NOTES: PIPE FOUND JOHN C. EHLERS LAND SURVEYOR � 4rea = 10,921 5q. ft. G EA5T MAIN 5TREET N.Y-5. LIC. NO. 50202 4rea = 0.2507 Acres RIVERHEAD, N.Y. 1 1901 369-8288 Fax 3G9-8287 oRAPH1C SCALE 1^= 20 101`16J151anclland5urveyor.com wlol�m el• `n I". buecru.`Z. ool ane Ne. Sl ulr Leumi lo.o e,�gnoi o .rp'� alre F ugnil� 16 0 da«. ra`�"» N. of P,«l�cr M�Lane qur,eyr ody�eo by s. �,sad. o1. lgl -y anEmla, --lull. Asan. me wq�wr o e�nq n Cx1�I<a- LITTLE P E C 0 N I C BAY APPROVAL z W W 'O �JET7Y �O I I J M" 108.11 (10 -------------- TO RR 041ORD W G ................. "i N SQ. FT. AREA: M FILL: �D w.Pli w rt. owl Anu tm v' F m 1 NeaTS 1 CVARIPPG --- -�--------------------- -- ----- 110.45' T S 21.14'40" W LOT,�S SITE PLAN SCALE: 1" = 20'-01 G SITt UATA: SCTM it 1000-90-2-3 DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PRoreaTr: w.Pli w rt. owl Anu PRorfen WRMPPDG. RUODNIF PROPRRFY: ISN MA OP 40UPtl ORTPRPNKf: PRRSPp.rt. 000NCIPDYY fOJ3Q rt. RASS . ORSR P� 314 SO DOIIRP =.GAMCE: NPR SQ RS roROAoeF 10CU.YD. wCU. YI PROPOSED ADCMONS. MPA NO. R. LSw lam= LCU.V% PROPOSED DICKOPOROe LSI RS FT. 2t 1COY0. ICU.YD arICSY 1ORDIwYf PROPSEDlwml DIk PROPOSED WYR411f: OCu. YD. SCU.ro TCRAL IPRR� 10 R. 17.70 W CU. YD. N QJ. ro MEETS & BOUNDS BY: JOHN EHLERS. LAND SURVEYOR DATED: 9/17/2013 WEST LAKEDRIVE DIRT ROADWAY TOM ROOF AREA: 1103.4 50. FT. AT qOM RUNOFF ISIACU.FT. r RAw4ma DRY%" TO PROVIDE: p) VdI Som DRYMU. CAPAOTY N1 CU. FT. pIS CU. R. FA) 14 PROPOSED NORTH ELEVATION ScuF: ur . r 7I ►O[ 6 •► REVISIONS: z 0 Q x �9 A.. A-1 PROPOSED SOUTH ELEVATION SCALE: Ur . 1' iM IneviellAia a ' l_ 6 ► 0 oil REVISIONS: y z 0 07- 0 U � � o ouv�. �a ius tcu c� vr-ra iw.. o..ren. wig oar Nuwn A-4 FORM NO TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No....... ..... Date .............. Jan... 29 19. 76 . THIS CERTIFIES that the building located at PYt .Rd...West jako .&ndwalA Map No. Cedar BeaahBk NO. .... . .. .Lot No. i conforms substantially to the t jr-ull• •� . oq . • • Bode Built before Certitioate of dated .......... jDr.. 23 ..., 19.57.. pursuant to which oeoupaney Jas O -Z"72 dated ......... ......�..., 197,6, ., was issued, and confo • rms to all of the require- ments; of the applicable provisions of the law. The occupancy for which this certificate is issued is Prilate one !ashy dwelling ... ... .... ........... . The certificate is issued to . fla�Rarot Ii. Marston . O!mor.................... . of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval ...prd-.ezistln4 UNDERWRITERS CERTIFICATE No. pry- �xlatinR.............. ............ HOUSE NUMBER ....1030 ..... Street .. Woxt . I•alcs . moire ...... , aatitbwa .... . Building Inspector LOT 117 /� EITDTR+cGARACE I N 21°1440" E �( 108.1' dO1F JETTY 0 ? 1 rJ CIAVAv DTO It RLVDMLft G „ m LITTLE u P E C 0 N I C BAY T „ ' LOT 116 Z H , N " O w a 1ERY , lllVlll)OF O 8 110.45' S 21°14'40" W STONE LOT 115 SITE PLAN SCALE: I" = 20'-0' v F m SITE DATA: SCTM # 1000-90-2-3 DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL,• FPOPERTY: 10.91130. R. 0.33W KRFS AT 10D% RUNOFF PROPERTY WETI W: - 1' RAlNAiL; RURDAOE PROPERTY: (2) fd, Sdn DRYW[LL WKffY 421 CU. FT. RII CU. FT. EA.) 0 Du ARFAOF cRolxlo WTWIANCE 30W W. iT. OWING HOUSE %3.31Q FT. E.6% EXHi1NG PORCWDECL 93.9 SQ R. 0.3% O0STU4 DET.GARAGE: I—SQ FTA TO ROAWE wCU. YD. 30CU.m PROPOW ADOMONE: N)A SO. R. Aix 115 CU. YD. iS CMM. PROPOSED DrK*ORCH: MA $Q FT. 11x i CU. YD. 1 CU. YD. SEPTIC SYSTRI TO RO.IOME PROPSED SEPTIC rfrn h rRa9oTED DRYWRLS: - - Is CU. Y0. 5 CU. YD. TOTAL 193413Q FT. Mm 163 m m 61 CU. YD. MEETS & BOUNDS BY: JOHN EHLERS, LAND SURVEYOR DATED: 9/17/2013 TOTAL ROOF AREA: 1105.4 SQ R. AT 10D% RUNOFF 351.6 CU. FT. 1' RAlNAiL; DRYWEUJ TO PROMOS: (2) fd, Sdn DRYW[LL WKffY 421 CU. FT. RII CU. FT. EA.) WEST LAKEDRIVE MT ROADWAY REVISIONS: O Sim C aa� W a z P F z 0 Ir 6 O Q� x w a y IRIAR'N: 181I1E5 lOR I: TR, 1811 iHEATNWBFA S-1 1 From: Joseph Schafer Subject: Southold Zoning Board Date: January 18, 2014, 17:42 To: schafer5@optonline.net Homeowner Cindy &Joseph Schafer Address 1030 West Lake Drive Southold, New York Photo number 1 This photo depicts the proposed front covered porch stakes reflect the size 8' x 10". The photo was taken from the S/E corner of the home. Sent from my iP From: Joseph Schafer Subject: Southold Zoning Board Date: January 18, 2014, 17:57 To: schafer5@optonline.net Homeowner Cindy & Joseph Schafer Address 1030 West Lake Drive Southold, New York Photo number 2. This photo depicts the proposed covered porch the stakes reflect the size 8' x 10'. The photo was taken from the S/W corner or the home. . �ri�w rte,,--,--•. � � ;' Sent from my iP U From: Joseph Schafer Subject: Southold Zoning Board Date: January 18, 2014, 18:10 To: schafer5@optonline.net Homeowner Cindy & Joseph Schafer Address. 1030 West Lake Drive Southold New York Photo number 3. This photo depicts the proposed garage part of the bump out. The stakes reflect the Size of 19'x 19'.5" . The proposed front of the garage is flush with the front of the home and continues to the right from the upper center orange stake in photo. The photo is taken from the S/W Westerly direction of the home. Sent from my iP 0 Frons: Joseph Schafer Subject: Southold Zoning Board Date: January 18, 2014, 18:19 To: schafer5@optonline.net Homeowner Cindy & Joseph Schafer Address. 1030 West Lake Drive Southold, New York Photo number 4. This photo depicts the back of the house facing the street West Lake Drive. The stakes reflect the size of 10' out from home 51' across home ( note top left stake to bottom left stake ) including garage is 19'.5" deep to the right. The photo is taken from the West looking East at the home. Sent from my iP From: Joseph Schafer Subject: Southold Zoning Board Date: January 18, 2014, 18:33 To: schafer5@optonline.net Homeowner Cindy & Joseph Schafer Address. 1030 West Lake Drive Southold, New York Photo number 5. This photo depicts the rear ( Street side ) of the home the orange stakes from left to right show the proposed bump out 10' out from home 51' across to the right. The stake on the left to the right indicates the width of the home a distance of 31'.7" it continues to the right at a distance of 19' current location of garage obstructs your view ). Reflecting a combined width of 51' across. x note leaving a distance from garage to property line measured at 10'1" total requiring no variance to my knowledge. The photo is taken from the N/E corner or the home. Sent from my iP J :;JJ HECK �p3o L��.�GAKE' D2ivE' BAY - „— ______ 5COUNTY OF SUFFOLK © Tax Service Agency e r90 w wcn `� -__ P t000 PROPER} -2-- 4 Go,, ,,gIe earth feet 700 meters 200 A 1030 West Lake Drive, Southold, NY - Google Maps Go gle 1/18/14 5:42 PM To see all the details that are visible on the screen, use the "Print" link next to the map. https://maps.google.com/ / Page 1 of 2 ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on November 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, 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, 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. This is an application for a Variance under Article XXIII, Section 100-239.4B for approval of a 3116" by 1418" wide deck addition, with 4' by 5' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 sq. ft. 3. The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 feet). The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings and structures located on lots APPEALS BOARD MEMBERS SCOTT L. HARRIS Gerard P. Goehringer, Chairman y O Supervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Upon Application of JANET MALONEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on November 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, 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, 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. This is an application for a Variance under Article XXIII, Section 100-239.4B for approval of a 3116" by 1418" wide deck addition, with 4' by 5' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 sq. ft. 3. The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 feet). The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.4B of the Zoning Code (as amended) requires all buildings and structures located on lots l f Page 2 - Appl. No. 3983 Matter of JANET MALONEY Decision Rendered December 13, 1990 REICEIVED AND FILED BY THE SOUFHOI.15 TOW14 CLI IX DATE 1-2b 7 & HOUR /D 69 ^ti _.WV_0 i Town Clerk, Town of Southold 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. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 14'8" by 3116" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring areas (lighting must be shielded to the property); 2. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of the entire four -member board at this time. This resolution was duly adopted. lk GERARD P. GOE INGER, HAIRMAN l�ne,,tlwesed aNer�t►,n at eddki� 00 !I r this s+w�r h e Ndetlon of . �d tM Naw Park Stale r . �\ CeO�es of thls �syw aWP bestin4 1M q,d µweh,ls M,t�d ao,1 at SOMM,,d "M ehak nd beon�ee«.t is be e,OW tr" 4009. i p� ,niw U+ala,t,d ha.on chap run Q ar # r the per,Wr Mr ` :he :ure t V Is arse aid an ha bthatt to'-'* S. f 7 '2 S 'a O "E. this 4prK,ar/. paemmon:�l .i.^.incy loo'd `• tmhtYbW Nand hw;on e-; Id at. . 6684m" of tM Iendli3 ir.ati• p the ses are nansla:,hla UlOf supryusnr O y ,V s V m Qy � ,goad d•t. 3� L o t- 125, ► r��' gra. /VI — ---419:4, J .trio: N C o J w N h br/rt'_h�o� of argl %+i /t .atar.c.- ! I Pec0r,;c MAP OF PAZ A?TY su�zv� .�c=:: Fez � � • A'r 5 c ale , -- Moaul,/er.'t G,u•�ru.rtae4' to Chicago rlt/G iN,3 uI'Ur7 �� CO, ctrl J <<O'Ilfru.':1 Sv✓�: res Bunk_ do 3 dr'vie y6, J 4e o. 11, / :'7Z . JL o f r/d rt/ b e r s e4 or el ✓A .N %-Gl v„ "f, "Cedar b CJcf/ P✓rk, fi,'fJ sir v JU�,f. v J . c.-�C rC J rT E' 1-r z IV d Grcarl 50er, N, Y. Go , isle �"�s'�S""i4ir•. �. IS 4 MOWN - i+ To see all the details that are visible on the screen, use the "Print" link next to the map. � .•ic �, � . s. �,,.�..� } � „`'.}?lad„ , l!1 *.. �.. rir 1 y+ ra Ili W +w f ' l �l � e , � t A .+ 4 � f To see all the details that are visible on the screen, use the "Print" link next to the map. � .•ic �, � . s. �,,.�..� } � „`'.}?lad„ , l!1 *.. �.. rir 1 y+ ra Ili W +w f ' l �l APPEALS BOARD MEMBERS Lydia A. 'Iortora, Chairwoman Gerard P. Goehringter George Horning Ruth D. Oliva Vincent Orlando o�gUFFO(,��0 � x 5 • �� BOARD OF APPEALS TOWN OF SOUT'HOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net RECEIVED / "5115- FINDINGS, 'ss FINDINGS, DELIBERATIONS AND DETERMINATION APR 1 MEETING OF APRIL 3, 2003 ,Y. 1 Appl. No. 5134 — NANCY CARROLL (former applicant -owner, Michael J. Co"A�gld Town Clerk Property Location: 350 West Lake Drive, Southold Parcel 1000-90-1-21 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 14,996 sq. ft. parcel has a frontage of 100 feet along the south side of West Lake Drive and lot depth of 127.18 feet along the west side property line. The lot is shown as Lot 122 on the Map of Cedar Beach Park at Bayview and is improved with an existing one-story frame dwelling with an "as built" rear deck, shown on the 11/22/01 survey prepared by Destin G. Graf. BASIS OF APPLICATION: Building Department's March 13, 2002 Notice of Disapproval, amended August 30, 2002 and January 13, 2003, citing Section 100- 239.413 regarding an application for a building permit to construct additions/alterations to the existing dwelling. The reasons stated in its denial are that the proposed addition/alteration are: (1) less than 75 feet from the bulkhead, after considering the existing deck addition is "as built" at +- 42.8 feet; and (2) will have a lot coverage area greater than the 20% for building areas. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 20, 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 proposed second -story addition, proposed garage addition and proposed deck at the rear of the dwelling. The setbacks are proposed at 36.6 feet from the front lot line, 12.9 feet on the west side and 12.8 feet from the east side line (total 25.7 ft. total side yards), and 42.8 feet from the bulkhead/rear lot line, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 — April 3, 2003 Appl. No. 5134 — Nancy Carroll 90-1-21 at Southold 1. Grant of the area variance will not produce an undesirable change In the charades' of the neighborhood or a detriment to nearby properties. The neighborhood is developed with single-family dwellings on small, nonconforming lots. Several houses in the area are two stories and similar or greater than the applicants proposed lot coverage and setbacks. 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 applicants lot is a small nonconforming lot, under 15,000 sq. ft., and the applicant wishes to construct a two-story addition over the existing footprint and to add a garage and deck areas, all of which create the need for code relief. 3. The relief requested is substantial. The code requirement is 75 feet from the bulkhead, and this is a request for a 32'2' reduction. The second variance Is minimal, at only .8% of a reduction in the code. 4. The difficulty was self-created when the applicant purchased the existing house and becoming aware of the small lot size and tight setback tolerances. 5. No substantial evidence has been submitted to suggest that the two variances for the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for, as shown on the site plan prepared by Garrett A. Strang, Architect dated 1/13/03, SUBJECT to the condition that the deck shall be 'open to the sky." This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, Page 3 — April 3, 2003 Appl. No. 5134 — Nancy Carroll 90-1-21 at Southold setbacks and other features as are expressly addressed In this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Absent was Member Homing of Fishers Island.) This Resolution was duly adopted (4-0). - Lydia A. ra, Chairwoman - Approved for Filing 4////05 7— .70 F . I v ,Hi 7rp i WW ONO PT. n a 2 i TAX 'YAl1 1M•41•N-„ MW DATA tfA17IMW' �s,�� .�SAli1N0 MMtIMMmaw^ li aoeow” -rpmWI�MNOM�M wATM war *nicuwn+wisAunn.a un PreparPreparPrepared L YW""tl0.MMR�AM.°f "Am".41OY1f"lu m D��, ANA LOT Covmtm t e.ww lc— A_.A.,_._ i .. GARRETT A. 5TRANG _ architect Y _ Nerm: 17an Traveler Street S--held N.Y 11971 J'ry-" t.li ir. 1•w/. is 1w►a• �'�- — IlAN1rN AdAMlOWMIIMOMMATIOMTAI�I AOM 631, 765 5455 _.. ^rf •o• <� i AT= 1=9Ar 04TAp&7M =LAND NI1MYON, MOdIY MOIIf, MaW 1'OMM, OAT®: IIOYMIIrMMr 11M ••,, �,,' "r f . :ems.. µ �.•s`� k � � A SEcy�:aF�Z r'' K ' 'k"P ,F fx'�� �' T'�t�.3Y�2� 4�'i ,� xM".•� .,/ Y � q��M �Y g f a r. v.. z � 77 p q�, -77 Go.-.)Sle earth feet 300 meters, 90 A BOARD MEMBERS �� soar yO�O Southold Town Hall Box 1179 Leslie Kanes Weisman, Chairperson 53095 Main Road - P.O. ti0�� Southold, NY 11971-0959 James Dinizio 3 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing p �� 54375 Main Road (at Youngs Avenue) Ken Schneider CjJUp[�(,N Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVE© TOWN OF SOUTHOLD -k— Tel. (631) 765-1809 - Fax (631) 765.9064 FINDINGS, DELIBERATIONS AND DETERMINATION ���� MEETING OF OCTOBER 7, 2010 Southold Town Clerk ZBA FILE No.: 6383 NAME OF APPLICANT: Sim Moy CTM 1000-90-2-1 PROPERTY LOCATION: 750 West Lake Drive, (adj. to Little Peconic Bay and Dug Inlet) Southold, NY SEQRRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP: This application was referred for reviewed 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 his reply dated June 21, 2010, Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Applicant's property is an 8,861 sq. ft. non -conforming waterfront parcel. The lot is also identified as Lot 119 within Cedar Beach Park at Bayview, located in Southold, NY. The northerly lot line measures 77.04 feet along a private right of way named West Lake Drive. The easterly lot line measures 104.50 feet from West Lake Drive to the water's edge of Little Peconic Bay. The southerly lot line measures 89.93feet along a wooden bulkhead on Little Peconic Bay, and the westerly lot line measures 99.53 feet along a wooden bulkhead on the dug Inlet, which joins West Lake to Little Peconic Bay. The parcel is currently not developed, with the proposed construction as shown on the site survey drawn by Fox Land Surveying on Dec. 06, 2004, updated numerous times, with the last revision under ZBA consideration dated Sept. 21, 2010. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116 based on an application for building permit and the Building Inspector's January 12, 2010, Updated March 15, 2010, Notice of Disapproval concerning construction of a new single family dwelling, at (1) less than the code required minimum rear yard setback of 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, NY. SCTM# 1000-90-2- 1. (adj. to Little Peconic Bay and dug Inlet) RELIEF REQUESTED: The applicant proposes to construct a new single family dwelling on this non -conforming parcel, with a non -conforming rear yard setback of 31 feet rather than the Code required 35 feet; and the Applicant proposes to establish a non -conforming setback from the bulkhead of 26 feet on the southern lot line Page 2 — October 7, 2010 ZBA Filc#6393 - Moy CTM: 1000-90-2-1 adjacent to Little Peconic Bay, and another non -conforming setback from the bulkhead of 24 feet on the western lot line adjacent to a channel called the dug Inlet which connects Little Peconic Bay to West Lake. AMENDED APPLICATION: During the June 30, 2010 hearing, the applicant was asked to bring the plan into more conformity with the code. The ZBA expressed concern about the location of the Applicant's proposed driveway, in very close proximity to a bulkhead. On the Sept. 23, 2010 Public Hearing, the Applicant submitted a revised survey by David H. Fox, Licensed Surveyor last dated September 21, 2010 which shows a relocated side yard building entrance with a proposed distance from the Dug Inlet to the door steps at 24.3 ft., an increase of 3 ft., from the original proposed distance of 21.2 ft. The Applicant also redesigned the proposed driveway, shifting it further away from the Dug Inlet bulkhead, to a proposed minimum distance of +/- 12 ft. from the bulkhead to the edge of the driveway, as shown on the revised site plan sheet S-1 drawn by Joseph Fischetti, P.E., and dated Sept. 08, 2010. ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Board of Town Trustees dated July 22, 2009, approving this new construction, accompanied by a Wetland Permit issued by the Trustees. The Applicant has submitted a valid NYSDEC Permit, dated Dec. 19, 2006, and a letter from the Suffolk County Soil and Water Conservation District, dated June 17, 2010, with recommendations to the Applicant regarding methods to ensure the protection of the natural environment. The Applicant has also recently submitted a landscape/grading plan, and a letter of intent to construct an access road as required under Section 280-137A[e] of the Town Code, drawn and written by Joseph Fischetti, Professional Engineer, and dated July 16, 2010. The ZBA has also received written statements and correspondence from several neighbors, including representatives of the West Lake Association, Inc., all of which were considered in the Board's deliberations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on June 30, 2010, August 26, 2010 and Sept. 23, 2010, 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 and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The residential neighborhood consists of many developed non -conforming sized parcels, with many non -conforming front yard setbacks, and setbacks from bulkheads. The Zoning Board of Appeals, in several past decisions has granted similar variances for bulkhead setbacks within this neighborhood, and the granting of the variances requested by the Applicant will not create any additional adverse effects that would outweigh the benefit that the Applicant would achieve by the proposed construction. 2. Town Law 8267-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 small area size of this property and the fact that two lot lines are adjacent to bulkheads create a situation whereby the Applicant cannot build a house without variances. 3. Town Law 8267-b(3)(b)(3). The variance relief granted herein for the distance to the bulkheads is substantial. The proposed 24 foot setback from the westerly bulkhead is a +68% reduction in the Code required 75 foot setback. The proposed 26 foot setback from the southerly bulkhead is a +65% reduction in the required setback. The variance relief granted for the 31 foot rear yard setback, is a +11% reduction, where Code requires a 35 foot setback, and is not substantial. 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 will comply with all of the conditions specified in the Southold Town Board of Trustees Wetland Permit and NYSDEC Permit. The Applicant is also strongly encouraged by this Board to adhere to all recommendations made by the Suffolk County Soil and Water Conservation District. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the size and location of the Applicant's particular parcel. Page 3 — October 7, 2010 ZBA Filc#6383 - Moy CTM: 1000-90-2-1 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as AMENDED, and shown on the survey drawn by Fox Land Surveying on Dec. 6, 2004, with the last revision under ZBA consideration dated Sept. 21, 2010, and the site plan sheet S-1 drawn by Joseph Fischetti, Professional Engineer, and dated September 8, 2010. Conditions: 1. The Applicant will implement all aspects of the grading plan as approved by the Trustees and as noted on the site plan approved herein including: "Site fill not to exceed 350 cubic yards". 2. The Applicant will develop the required Section 280-137A[e] access to the property. 3. During the construction process, the Applicant shall use light, rubber tired construction equipment to avoid damage to the natural features of the subject property and the two as built bulkheads 4. Any damage to the bulkhead along the Dug Inlet caused during the construction process shall be repaired by the owner/applicant and no Certificate of Occupancy shall be issued by the Building Department until repairs are made as required. 5. The owner/applicant shall file covenants and restrictions on the subject property to advise future owners that the maintenance of the bulkhead along the Dug Inlet is a continuing obligation 6. The owner/applicant shall install a line of hay bales during the construction process as per best environmental management practices to protect both bulkheads on the subject property 7. The owner applicant shall install a 4 ft. high wood split rail fence, or similar to act as a safety guardrail between the Dug Inlet and the proposed pervious driveway for the entire length of the proposed driveway. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance 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. je o e Board.- Ayes: Members Weisman (Chairperson), Goehringer, Dlnizio, Schneider. R C IY D ber orning by tele one, no voting rights) This Resolution was duly adopted (4-0). `- P4;- 44 ,-�. Leslie Kanes Weisman, Chairperson orz Q Approved for Filing (1 / �a/2010 �plb... .jej TOWi Clerk da "3oalas.rr.aa OUOINLET ��ds" i i srow SAY +S `" . MOM L«ATMN ' 9 i WEST LITTLE or"' "M MUNN LAKE PECONIC SAY Y d.... ..._ S z1.14'I • W 504.r p � WtE: IM ray. wr TO Exam 3" watt YAM F-7EY GRADE VgpMyp5ED E04RADE ,.–-. -•--_._._.. .. _.-_.--.. SITE auw FINAL MAP .--�- '' REVIEWED 13Y ZBA ' SEE DECISIONS 1e, DATED Je /? / 10 ee �i •. TEST HOLE DATA WEST LAKE O�q� r,oautn Wo,oOeA _ a -f7 as r0 a_>, �t I• O N� 400 9 xa ■ w fYOrw 1n 0..I , , �'� urn. un''A4f wim Mi[II M � fJ.l' WIDE (17 S%'43'5,10• ""�_`�,T_'I!7/- b � � ' ' � � wu�y� �r i N�.N•301Y ..."„'u* +a,... O 0� � R '� n� t1+�-1� o• i m O RETAINING WALL SECTION NTNG t � ,�+srrty''^/' � rnaolm WIDE F °-i ra or rru ` __-________________--- d ,(� O p '• A amNl • tr 0.1c tot 11g mx91a7A,Au rs.O a O/C b now or for � R L 'IKu r St. Johne Eplacopot�Church w' sUtt Er,mle WIDE— i ITA NED ur R3TON _ E -g � E= � , �'„area ox ���`';•hY. 'fro'. � : i f ,., . �..i N89'44 34 W ' w Be .,"N r� LITTLE PECONIC BAY h10TEA Southold 1. TOTAL ARENT Aaea S.F.434 Suffolk County, New York `3+ SANITARY SECTION: 2. o - SPINE SEF, e- REBAR FOUND. SCT.M.: 1000-090.00-02.00-001.000 ,\ , 1 SUBDIVISION MAP -CEDAR BEACH PARK- FEED F IN THE OFFICE OF THE CLERK OF OUFIOLR COUNTY — u awa ON DEC. 2a 1927 AS FILE NO 9a SCAM 1* -2W * :� •'- �,•I'�,: ,o WICK 4. ELEVATION$ SHOW HEREON ARE REFERENCED TO -IK N.A.Y. DATUM 19M (I n-uo Iwo W.rt 5 MS PARCEL B OTHIN FIRM ZONE VE(EL 10) AS \NOP DAVID 1L FOX LS N.Y P.C.SLS 0503.74 OLBffATED ON FIRM BOUNDARY YAP NO. 36103C0/89 H LAST DATED SEPT. 24 2009 qua 3g% �" IP B �o 8. APPROOMATE FILL REQUIRED - y V WESTHAMPTON BEACH. N.Y. 11978 �• 7: "' - .'+.•..+ 180 CUBIC YARDS REDURED (FOR SANITARY). ;i ___ed"•• ___ia__ +p (831) 286-0032 7. ADJACENT LOT COVERAGE: HOUSE - 1.081 S.F. "'�" >• ;C;'5:.µ7 �� DECK - 574 SF-�. �,.-+.s:.:r":S7'Y°..' o`.V:• TOTAL - 1,595 Si. 0R ia91E JOSEPH FISCHETTL K _ SEPTIC TANK CESSPOOL S. THE NON -TURF BUFFER MAY BE MAINTAINED 72S�� �R " vEmCSNVER'..`�'.'.+_ �x K•"� ®aY_ VIA MOMIIN. SOUTIOLD. N.Y. 11971 .,��'n :�.-.e"�i a:r .nm•: oaR fenHtM FINAL MAP .__ ,S_.* !° REVIEWED BY ZBA -------- r__A: --- --- SEE DECISIONS (9383 DATED to !i I to co` , me m '""" FO MT' zI, 20°10 FEB. 2a 2070 m FEB. 2D. 2010u�. JAN. n, 2010 DEG JI. 208 onc"nnr, OCT 27, 2000 "ay.nr.e -- Survey for. SIM MOY Lot 119, "Cedar Beach Park” At SEPT. 8000 we.v n+rae JUNC 38. 2 2. 2000 so F,v arc MAY 10, 2005 ue ,rnr,r, ,A 205 - DATE DEC. Oe, 2004 JOB NO 200{-7H CERTBU T0, �` am MOYz.:. of „. Bayview ' Town of h10TEA Southold 1. TOTAL ARENT Aaea S.F.434 Suffolk County, New York `3+ SANITARY SECTION: 2. o - SPINE SEF, e- REBAR FOUND. SCT.M.: 1000-090.00-02.00-001.000 ,\ , 1 SUBDIVISION MAP -CEDAR BEACH PARK- FEED F IN THE OFFICE OF THE CLERK OF OUFIOLR COUNTY — u awa ON DEC. 2a 1927 AS FILE NO 9a SCAM 1* -2W * :� •'- �,•I'�,: ,o WICK 4. ELEVATION$ SHOW HEREON ARE REFERENCED TO -IK N.A.Y. DATUM 19M (I n-uo Iwo W.rt 5 MS PARCEL B OTHIN FIRM ZONE VE(EL 10) AS \NOP DAVID 1L FOX LS N.Y P.C.SLS 0503.74 OLBffATED ON FIRM BOUNDARY YAP NO. 36103C0/89 H LAST DATED SEPT. 24 2009 qua 3g% �" IP B �o 8. APPROOMATE FILL REQUIRED - y V WESTHAMPTON BEACH. N.Y. 11978 �• 7: "' - .'+.•..+ 180 CUBIC YARDS REDURED (FOR SANITARY). ;i ___ed"•• ___ia__ +p (831) 286-0032 7. ADJACENT LOT COVERAGE: HOUSE - 1.081 S.F. "'�" >• ;C;'5:.µ7 �� DECK - 574 SF-�. �,.-+.s:.:r":S7'Y°..' o`.V:• TOTAL - 1,595 Si. 0R ia91E JOSEPH FISCHETTL K _ SEPTIC TANK CESSPOOL S. THE NON -TURF BUFFER MAY BE MAINTAINED 72S�� �R " vEmCSNVER'..`�'.'.+_ �x K•"� ®aY_ VIA MOMIIN. SOUTIOLD. N.Y. 11971 .,��'n :�.-.e"�i a:r .nm•: oaR fenHtM 1030 West Lake Drive, Southold, NY - Google Maps Gu. �Sle 1/18/14 5:43 PM To see all the details that are visible on the screen, use the "Print' link next to the map. https: J /maps.google.com/ Page 1 of 2 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Y Gerard P. Goehringer 1 41 - George Horning Ken Schneider *oF souryo� :Ns http://southoldtown.nonbfoTk.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 AUGUST 22, 2013 R CEIVE + 3.4 - AU 2 6 "3 Q So thold Town'Clerk ZBA FILE No.: 6671 NAME OF APPLICANT: Shari Cai SCTM#1000-90-2-4 PROPERTY LOCATION: 380 Midway Road, (corner West Lake) (adj. to Little Peconic Bay) Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterf�Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendationF!c d Au 13. Based upon the information provided on the LWRP Consistency Assessment Form sud o this de artment, as well as the records available to us, it is our recommendation that the proposed actEXEMPT fr mCoastal Consistency Review. PROPERTY FACTS/DESCRIPTION.- Parcel is improved wi a two story ame dwelling with attached rear deck on a 26,656 sq. ft, lot in the R40 District. It has 112.66 feet o on Midway Road (Private Road), 293.79 feet along West Lake Road (Private Road), 99.96 feet along Little Peconic Bay and 239.67 feet on the easterly property line as shown on the survey dated September 4, 2012 last revised June 21, 2013 prepared by John T. Metzger, LLS. BASIS OF THE APPLICATION: Request for variances from Article XXII Section 280-116(B) and Article XXIII Section280-124 and the Building Inspector's Notice of Disapproval based on an application for building permit for reconstruction and alterations to existing dwelling at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard of 15 feet, 3) less than the code required minimum combined side yards of 35 feet. RELIEF REQUESTED: The applicant is proposing reconstruction and alterations to the dwelling with a bulkhead setback of 49.7 feet where the code requires 75 feet, a single side yard of 13.4 feet where the code requires a minimum of 15 feet and a combined side yard of 24.7 feet where the code requires 35 feet combined. ADDITIONAL INFORMATION: Immediate neighborhood consists of several older improved non -conforming Pap 2 of 3 — August 22, 2013 ZBAt16671 — Cei SCTMt11000-90-24 homes many of which have been renovated into year round homes. In the past the ZBA has granted the existing structure variances for the proposed side yard and bulkhead setbacks. The non -conforming as built seaward deck that is within 75 ft. of the bulkhead has a certificate of occupancy. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 8, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This non -conforming waterfront subdivision has been in existence for more than 50 years. It consists of larger non -conforming dwellings fronting on Little Peconic Bay. Most of the existing smaller homes are fronting on the small creeks and inlets within this area. The dwelling with attached deck existed prior to 'zoning. The applicant's agent provided other variances for similar setbacks that were granted in this neighborhood. Although, the proposed additions are non -conforming as to setbacks, the specific proposed alterations are in keeping with the existing neighborhood. The proposed reconstruction and alterations to the dwelling are proposed within the existing footprint and a small addition is proposed on the front of the dwelling that is not part of this variance. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing structure is set back 50 ft. from the bulkhead and the existing structure has a combined side yard of 24.7 ft. and a single side yard of 13.4ft. The renovations are using the existing building envelope therefore any renovation proposed would require a variance. 3. Town Law 6267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing I I% relief from the code for the single side yard setback, a 29% relief from the code for the combined side yards, and a 33% relief from code requirements for the non -conforming bulkhead setback. However, the home exists in its non- conforming location and all proposed improvements requiring relief are located within the existing footprint. 4. Town Law 4267-b(3)(b)(4) No specific 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 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the proposed alterations requested 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 GRANT 'the variances as applied for, and shown on the architectural drawings sheets 1-5 prepared by Malden Bay, RA, and dated 4/14/13, and on the undated survey by John C. Ehlers, Surveyor showing proposed additions and alterations with hand notes. Page 3 of 3 — August 22, 2013 ZBA#6671— Cal SCTM#1000-90-24 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Coehringer, Schneider, Dantes, Horning This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filinp,S qG /2013 Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 pf SOUry� CA http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MailingAddress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 December 30, 2013 Mladen Bay, R.A. 475 Hill Road Southold, NY 11971 RE: Cai — ZBA File#6671, de minimus request Dear Mr. Bay: I have reviewed your letter dated December 26, 2013, and the survey showing the proposed addition that you submitted with your request for a de minimus determination. Since the small addition you are now proposing to the existing dwelling does not create any changes to the relief granted for non -conforming bulkhead and side yard setbacks in the above referenced ZBA decision, and since you are not proposing any new nonconformity, I am approving your request. Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I will instruct the. office to send a copy of this letter and your request, and a stamped approved copy of the survey dated 8-9-01 prepared by John C. Ehlers, Land Surveyor with the proposed addition noted as NEW ADDITION M.2, to the Building Department so that you can apply for a modified building permit. If you have any questions, please call the office. c ely, Leslie K es Weisman Chairperson/Dept. Head CC: Michael Verity, Chief Building Inspector SURVEY OF LOT 115 'SUBDIVISION MAF' OF G®AR BEAC44 PARK' N FILED MAP * 40 PILED DSO.2OJcM 51TUATEt BAW54 w E TOWS Som"OLD _ SAT-OLK COUNTY, Mf � F' I StRVCTCD00�I � Ej � � GQ 4K TAKE q CA RTPIW TO. 7 HGOOw^LD 1 !` r � J. ' f , A r. TWO _ �' a► ? � r Iry Little P e c o n i c 13 a y c1�iYluu-m uS I FINAL MAP �. REVIEWED 6Y ZBA SEE DECISION #'(o611 DATED /Z l30 / z • MDNM41. AMt , AREA . 7bb33 6 CR 06• AVMS JOHN C. EHLERS LAND SURVEYOR ELEVATIONS gEPER TO "151. WSVV'p N Y.C. LIC.NO.-4= 6 U11'f MAIN $TflFl�f &RAPFIIG sr ALE I' moi' juVaHEAD• N.Y I l'IQI 36140311r-".%9-Sn7 UF.11IIF SVII-lu.pn 1030 West Lake Drive, Southold, NY - Google Maps Goggle 1/18/14 5:45 PM To see all the details that are visible on the screen, use the "Print" link next to the map. •a https://maps.google.com/ -5— Page i of 2 �OS�FFa,Lt o -* %e_1 i;) 1 -5 - Southold Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3697 Application Dated November 27, 1987 TO: Mr. and Mrs. William E. Tuite 1777 Harvard Avenue Merrick, NY 11566 TELEPHONE 15161 765-1809 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on February 2, 1988, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article XI , Section 100-119.2 [ ] Request for Application of WILLIAM AND PAULA TUITE for a Variance to the Zoning Ordinance, Art1cT_XT3ectt-- on_Tn -T19.2 for permission to reconstruct and extend porch within 75 feet of existing bulkhead along Little Peconic Bay. Location of Property: South Side of Midway Road, Southold, NY; Cedar Beach Park Map No. 90, Lot 113, County Tax Map District 1000, Section 90, Block 2, Lot 6. WHEREAS, a public hearing was held and concluded on January 14, 1988 in the Matter of the Application of WILLIAM AND PAULA TUITE under Appl. No. 3697; 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. The premises in question is known and referred to as Lot No. 113, Map of Cedar Beach Park No. 90 filed December 20, 1927 in the Suffolk County Clerk's Office, and also shown on Map No. 1, Part of Property of Edwin A. Brown at Bayview filed January 27, 1926 as No. 802. 2. The subject premises is located in the "A" Residential and Agricultural Zoning District, is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 2, Lot 6, and is shown on survey prepared by Smith and Jung of December 10, 1981, to be improved with two structures: (a) single-family, 11 -story frame dwelling set back approximately 321 feet from the existing bulkhead, and (b) one-story accessory garage situated in the frontyard area 7'7" from the easterly side line, 122'8" feet from the front property line, and 9'7" from (CONTINUED ON PAGE TWO) DATED: February 2, 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered February 2, 1988 the northerly portion of the existing dwelling. 3. By this application, appellants request permission to extend the enclosed porch 11'9" x 7'0" which is to remain in line with the rear (south) side of the dwelling and not closer than the existing 32'6" setback from the existing bulkhead along Little Peconic Bay. 4. Article XI, Section 100-119.2(8) requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 5. For the record it is noted: (a) that Building Permit #16314Z is pending at this time for the repair and reconstruc- tion of the rear enclosed porch issued August 5, 1987; and (b) that the subject premises was the subject of a prior conditional action by this Board under Appeal No. 3005 rendered July 8, 1982 for the easterly side addition with sideyards at 8'6" at the east side and 18 feet at the west side. 6. In considering this appeal, the Board determined as follows: (a) the relief requested in relation to the established nonconforming setback is not substantial, being a reduction of seven feet landward of the existing nonconforming setback; (b) the circumstances are unique and are not personal in nature; (c) the variance as granted will not in turn be adverse to the safety, health, comfort, convenience or order of neighboring properties; (d) there will not be an increase in density by the grant of this variance; (e) there is no other method feasible for appellants to pursue other than a variance since the dwelling is located within 75 feet of the bulkhead and existing prior to the adoption of Section 100-119.2(B) [enacted in 1985]; (f) the addition is landward of the closest established setback and will not further increase its nonconformity; (g) the relief requested is the minimal necessary and is not unreasonable; (h) the "practical difficulties" are sufficient to warrant a grant of this variance; (i) that in view of all the above factors, the interests Page 3 - Appl. No. 3697 Matter of WILLIAM AND PAULA TUITE Decision Rendered a ruary 2, 1998 of justice will best be served by granting the relief, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appl. No. 3697 for an 1119" x 7'0" addition as requested in the Matter of the Application of WILLIAM E. AND PAULA A. TUITE, SUBJECT TO THE FOLLOWING CONDITION: 1. That the addition remain in line with the established rear porch setback; 2. That the addition not be closer than 32'6" as requested. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was Serge Doyen of Fishers Island.) This resolution was duly adopted. lk L L GERARD P. GOEHRINGER, CHAIRMAN E(;EIVED AND FILED BY 1 cls THE SOUTHOLD TOWl j3OUR a DATE Cle:k, Town of Southold Town i •aR�Ca^Ug ! ! � PAC, llki 1 LOT 11 l�1' li DoT � f q E cci i c � I— � ! rx!s71uq 717' Zi �XI13T1Nar' NANJ ADD)T) - ULKF{�AD .44eWF JPT*("7 L ITTLE R 0 T PLAN 6wE 1" -2�` o" " AD D S T I ON � AL_ A. O o �" 16 125� P-E-R — �rTHE SZ�ZE��i TOWN . OP 50UTIOLD 50 V t.../i.11n 1 1 T U t les sw�rr fiat 561wwc.." cwei;.w V"Oii iii liiw:t�ir.Sari �i c6pi;.4i M.0 Sig— prWMY YOLa IJMYW t AGOG NealMli fI a m10821.ofOtr-100% MMTWJA Met sm"a N NSM my LAWYM 0MY. 10012 K 14 T 3Y7W t TH5.%3E sfTVRff; .:tot,:.• the .say rf , ni-:tteert iwrdted mid eight..—six BLIM FM ,`RESTON M. HARRI14GTON ISI and GEORGE TONE MRRINGTON, Co–^xecutors of the Last Will and i3statm-int of Katharine Tone Harrington, rasiding at 15 Division Avs.aue, Sortth Nyack, NY 10960� I.,ny .N the fit.: qtr, and PREST(1N N. HARRINGTON ITI residing �,t 15 Division Avenue, South Nyack, NY 10961" 3173.._, QW# r .. t Pam as the aewrtd part. Was ME Mair that tlw party of 'he lint part, in considesatiwn of ten dollars and other valuable eoaaidseMioM paid by the party .d the second , sn. don hereby gnat and relesse unto the poly of the s000sd part, the heirs Of sfotxssots and Assigns of the party of the second part foreret. All. that rstaif plot. oisEe or psrod of Lnd. with the 54SWia61 and imp ovesnents tbenos erected. bias and left to ds wn of So.tthold, alt Cedar .Beach. Park, County of fittbffclk. State of New York. known and designated as Plot Number One Hundred Sixteon (116;, as shown on a er. rtain map entft Led "Subdivision Map Cedar Beach Park, situate at Bayvi.ow, Town of Southold, New York," sutve_.•ed and ce:;-tifiA by Otto W. Van Tuyl, Engi..eer and Surveyor, as Nap Numi•ir NJ-iety (90) or. or uut December 19, 1927. SLbject to any state of facts an accurate survey might. show. Sub;ec"_ to covenants, restrictions, easements and declarations, if any, ccatained in fotmer instruments c= record, ins.)far as the same presently affect the nrem.!ees. Together with aft easement for ingress and egress over all streets, roads, drives and lanes as laid down on said map; and also the right of ingress and egress in and to any of the Inlets, Basins or Harbors on said man, and to moor a boat o: boats in Cedar Bach Harbor. Togethsr with all the right, title and interest, if any, in and to land in front of said premises under water in the, Peconic Pity, and all riparian rights therein. Together with the right, to run with the land, to use and enjoy in common with o^'tet:s enjoying similar rights and privileges, those portions of Cedar,Beach Park, which have been or may herein- after be set e.sidea for oosrsunity purposes subject tt,, rights, reswrvaticns, rules and regulations as contained in deeds of record. TOLE THEk with all right, tide and iniftest, if any, of the pony c t the first put ie std to any strcrts and rands abttrng the a6ece described ptentises to the center lines ant -ml; TOGETHER with the appu.tenartceb and all tsee estate and rights of the party of the best part int and to said pr"MKJ TO HAVE AND TO 1/.,XM tbt premises herein granteJ unit. the party of the wood pw the bars of suaessoes and WAS" of the Farcy of the s,rund part forever. AND the parev of ttw• fit -t I-rl 4,• cnants that the party of the Brit part fist not done or !u9cseJ anything "tteref.y dr► .:M! taeens,es hr.r lRrn Mitnhercd tit any way whar-•%cr except _• aforesaid. AND the iwtt- tho firs: pan. m cume4ance A 11 Section IS of the Lien Law, ctw.,unts that the ;arty of he first pact -ill r.vi" ter conwhrarms felt this con%eyance and will hell., the right to reeve such consid- rra:mo a.� a :r eat f•:-ol to lw applied lira for thr purpc•se of partng the cc t of the inVr(hewsrnt and will appl) he suit• *rse to th• lm�nwnr • f tine cost of the improrernent before using any part of the total of the one for ay other ;A.rpose. rhlWr?r`' • . t her • r . J it whrsen never the se of this indenture so requires. con�iR ,o• er St ghed a N Wes l�f t at has duly esnecnted t�i.a dt"M rbc day mad yens Ern clove As 'o rP eston M. Harriny o__R f �„oorgf Ton# Harrinit m . W..�tr �_ �.Preston M. UarrAgton III ? t 39d roe Tone tart gton 15 v5f Offro *C� P tote me, On the day of f t JgGG wore Inr pwsom2y carter PPESVON M. 11ARRrNGTON III personally cWw GE�AGJ,: TONE 11ARR1F,7T0N to MW kman to be 1W I.-Alvidual dctrilxxf in and whu f1w kmwn to �e individual described in -.nd who f'3t1'-uIe4 the fi-rerwig ill -A mut-1. uibi ackti,-*J"1Xf-j t executed Air lore inQ Instniff"t, and ackmAlr4ged that he ex"111M the ,Anw hit 1 06 Same. 11 J. ku?BEROMEN !-ICLAIUCHLIN - Ii:,,e of Now YJ$ i Nctify rv! :. 5'so it ch -v OwwaOOA.si*.v Exp" jq.1'fciwwnd " MrMk CDL*W % 104 Camrrium fxp::ts !af,. 13 1184 2 "an SAWW vow cohere op ur SVAV2 of MW 107(, Count of tog ria the day of 19 Wtift I've he day of 19 hefe:r to pw—"y w tae kava w%*. being lit nw duiv swain, did drJAM and personally came the subscribitt vviirwvt to the foregtirW insinmwitt. with Say that be rMidn 311 No i whom ' am personally aoluainitq, who. !wily ,i%- roe d4,15 swvrvi, did depiw. ai-A tar that he resides at ING1. Is I#ie, that he kMwq Abed the corlioraliciff tk� is XVJ wk" execu-1 the furegoitig instrv, ivent -. that he to be the inrlitidual I --AI 'd 'Aid Mill0rat". that :he %tat affixed Jescrilied in and who executed the forqping instnomit; r. N,. SSW G'"trunnif 1, -'Awh cialmirate seal; that A A -a% %o that he. said subscritting witncm6 v & tircian and saw It) order Of the hoard 4 . ivrvtcts (it said corpora- ftecutir the wim; and that hir, mij vmwsk at the same time subaribittl h vpm.w as whin" tjrrCft be sirW h nwSe t1wreto by Me order. foot" =6 11akf D"k 90 SIMON AM Is 41 of.9 2 MN lot 3 SON K. MMMINGTON III and (OVVIV CA I0WjW SUFFOLK COUNTY TO" HARRINGTON. Co -Exec tors Last Will ard Testament o.1 ine T. MWincton 12M M. ' %RRIMMA III go" 0 Will, "M some or WIN wwtwwas 060*0"dbir rV 171M AAD GUARANTY COAVANr onasquom "No AT in ft" Ve" It"URM BY MAIL TO .Tenses I. Avignone Ruckin, Avignon , Berar�roick Knight 53 North Dean Street P. ). Box 311 anqlewood, NJ e7631 TMPIM AA. Drrd with Full c ••crn+,n�. (. .. M1rr 681, Lews .•i I'�I' L41W sec..r:a da)of June �'r.irty-ons. P#11tPPri J. P. 1viULL rt :i; ni: ; Ci . 'L doL.E. formerly known as the and principal place of bi-sines Et > ,est <<4r• �.rc_t, 3 _ of Manhattan, Cit,,, County anc Mace ..(rw 'fork, r�rtd13M M T.1CCl�RDO, residing at 33-75 15'dth 5� reet, liziriing, 1J $ land, New loric j i jRftM5j19t4, tAtat the parte of the first part, in consideration of j 21 X - �'' E"SMA$D ( 100.00) - - - - - - - - - - - - - - - - - - 11nllars, riwriey of the United States, Paid by the pnrly of the second part, dors ht-rt:bI, rail ltaae#nto the party of the second part, .I his heirs, and as ,i Inrrrr,. . tlha�. rtain plot or parcel of land situate, lying and being oder: eh Park, Suffmlk County, State of New York, known end as Plot -Number One hundred sixteen (116) on a certain 1 .! ad ,r e$ubdivision May Cedar Beach Park, situate.at Bayview, i 4ullkold,'Nee► York," surveyed and certified by Otto Wo Ven ` A"r-and Surveyor, and filed in the Office of the Clerk F f `-bf SUffolk as Map Number Ninety (90), on the 19th16y of { a with an easement for ingress and egress over ell streets, drives and lanes as laid down on said map; end also the right ingress and egress in and to any of the Inlets, 3asins, or Farbors ren said map, and to moor a boat or boats in Cedar Beach Harbor. with all the right, title and interest of the seller, if any, an to land in front of said premises under water in tie I'econic and all sellers riparian rights thereto. §MAUCT to covenants and restrictions of record end as •.ereine.fter betforth. i OGZTRU with the ri *ht, to run with the lend, to use eiid enjoy in common with others enjoyin:T similar rir;nts end ::rivileaes, t'iose portions of Ceder beach r:;, v;nich ;,ave be.rn c may ::ereiraf ter be act aside for Communit • pa::, -ores subject to riKllts, reser-.e? ions, rules and reguletions ss .:e-eineft, r setforth. 7-1ZfX7/7it,7701V5 hOvr� S� Od ���$ e y-eVedl Or'< Except as hereinafter _'c Cr maintained on plct ni, 04/�! Nu�lr��e //6 inor< <✓/iy/ d� Strbc`- - s i p _ j„. si .11 ,)s, ....c :.tse o:. t Uu. i t�d r:s isea, except uc%,!:.,, L...iiur ex - _101 r-- ai:: plan, planting plan e„: 7r �.: c _.. a�preved by the seller , � lnc.li i,c�-rs11 be erected or meir.tein�d on sr ? ar, ess it Sa it �-uss at tsS', k6,JJ0, Lo construct 6t L::C tcri8l �..� itJUr, unicaj (.xterior plans and desii7is for a dweilin:: house of les, cost, st:a'1 b� approved in writing b;r the seller, a,d Edwin H. town, 1-.31., his treirs and assigns. o ia dwellin; ;Loud shall be erected or maintained on said plot rithan 1',:rLy fejt of the i'econic jay front or within twenty-five feet of any other water front or within twenty-five feet of any road front or within te:. feet of any other bounde.ry. _.o other buildin,, except a private garage shall be erected or maintained upon any of said plots unless a boat house. ao privy of any kind may be erected or maintained as a separate structure upon any of said plots. For all sewage must be used a septic tank or a cess -pool combined with a grease trap. :.o business of any kind, may be conduoted upon said plot. :�o materials shall be stored or litter to be allowed to remain up9A ann_yy plot, or any sewage or refuse or any liquid or substance disohargeC irilo, or de-osiLed in Peconie Bay, Shelter Island Sound or other waters; "hat no persons or person shall have the right or privilege to mbOp'*tt i vessel, boat raft or bathing float or keep any other thing or build at► dock or boat house in any of the channels or to alter in any war 1tll•='r'° of the channels which have been dredged on or close to any of tbt'84lt60 or parcels hereinabove described or to discharge oar empty any sdwa of. 11 any other materials or substance whatever into any channels or. W4V1 V waters bounding any part of said pieces or parcels of land aAC ru ; conveyance whatever shall be made by the seller of any pot UOpn t`�IIE fi dredged channels or dredged water ways. ' e front end of t. Lia --plot- shalt tire” tta-f�canL& a on LITTI$ PDCQKQ' j nd NEST I.AiS --RO.D.”'-r. , �w f . GAAIGES AND BOAT -HOUSES x � fy •: • i .• rAny or boat -hoose erected on this.plot shall confora tQ tlling house. all be done on any garage or boat -house before the plstt; tharf en approved in writing by the seller and B. $. Brown,,UP t %eirs, and assi;ns. This approval shall determine its arehiteQtu Its location on the plot and the location of its entrance*. N ..o animals except household pets may be kept upon any plot. 0111 __.T_.. COMMUM TY PROPERTY use and enjoy;aunt of the Community Property at Gedar Aeac . i al be dot -ed to those persons who are the members, is good standing q the GCiar 3each Peri: Community Association, the authorized guests there f' r,, tet, Cedar :�ieuch Purk inn. ;ceaberslLip oi' the Cedar Beach Community Association shall be limited of^r.t!ry of uroperty sold by the J. P. Muller Realty Corporatdon, _ 31acceesora Or essigns. _ler re�3erve�; forever the right'to alter, improve and repair all _:.anneis and to modify the foregoing restrictions. scribed shove. :;o dweilin71 house shall have a flat or mansard ruoi' `. of any kind other than a gable, gambrel or hip roof. :;o building or other structur_, shall be erected on ane e'oressid premise ,. no alterations shall be made in a building .or other structure erected thereon, and nothinZ else shall be done materially affecting the anpear- •once of the aforesaid premises, except according to plans including es= location a terior color scheme, grading plan, planting plan and plan) by the and Edwin H. Brown, Esq.# * which shallhave been approved seller his heirs, and assigns. No dwelling house shall be erected or maintained on said plot.unless It shall cost at least 46,000, to construct at the present cost of materiel and labor,' unless exterior plans and designs for a dwelling house of less cost, shall be approved in writing by the seller, and Edwin H. Brown Esq., his heirs and assigns. s No, dwelling house .be erected .or maintained on said plot withlq.' .shall forty feet of the Peconio Bay front or within twenty-five fest of.:, other water front or within twenty-five feet of any. road froat,ti. ten feet of any other boundary."�� No other building except a private.-garage shall be reeted'or_ p _ : upon any of said plots unless a hoitser" No privy of any kind may be Brat ok"Ar towained as h upon any of said plots, For:. alx`s b4-� cess-pool combined with a pro No business of any kind$ stay? bow No miberials shall be store& W: 40kTA' plot, or any sewage or raft" ? dl1 "- or' deposited in Peoonic Bart,=. � That noersons or perlon p vessel, boat rant or bathin t # do ok or boat house In 'any i . of. the ohannels which have bpesk, .or parcels hereinabove desol #r .any other materials or subshanp1i,` ' waters bounding any part of Oa_' conva no's thatever shall bei dredged channels or dredgA� The .front end of this plot= and WWT LIKE ROAD. `n � p ,S �{ ,mom Any. garage or. boattrno of th 'dwpll4x Na wo k ehall bW done a&L . of have been appre*od is 1. this'). ' r. .heir and assign*. its lboatioh on the plot_A No. ani except household het 4 P The use and enjoyment of the Q, be�iWted to those person*; Cedar;Beaoh Park'Community. isse: of the Cedar Beach Park In1'i4 The membership of the Cedar ,1 to the owners of property st1 i its successors or assigns. The seller reserves forever ,this i dredged channels and to modify a ;tilt tions. � i�. li t1opet4rr with and to sand premises. Ma 41tur ad to 4011) �o Ae party of the .first part cmwwxls as follows: t.Strgt— That the party or the first earl is seized of the said Premises in lee simple, and has good right to convey the same V, That Ila par/j, ol'the second part shall quielli, cnjo r the sai,l powlis"S., Ork 7hal the said Premises are firer from incuinbrann-s,• except as aforesaid. ti 4,004.-- That the tarti, of the first part will r.ve,w!,,, or ;;ii1 J-assurance of the title to said premises: That thi park' of thr first part will /orewrr war;, i); 1 X 3 Ofttis 3MOrraf. the Parli, of the firsl Part has ,,s hereunto 0i.vol, and to /W hr //V d,711'0111boi first above ti ori 1!ew. rty-one City and Mete '!crk riga Lr it President 'J_ the to -aid imstrwiwllt 1< rUcll curp",zlic it WaS SO by 0i b041"I 0i Directors Curl),Jralull; arld tlia, lie zigiied 'Ille thereto by like order. 100000,,,� -7 1 .34 REC opI)ED j ul�, 4, M. WARREN GRE _N H 01orIL of k3,11011C County iJ j, e 0 F -I Milne= ~' Jay of June �.' . THIS INDEN TbRE, made the / / G.. �i nineteen hundred and forty—seven between PO. t:.ArY i.'. i'0: _1GY, fomerly fht; n FO: rRAPY M. TACCAPDO, residing at (no street nuni er) Sails ;,venue, D'ilton Nev, York, and FFAIAKLIN F. PEGAIi, residing at 14[� l Severth ;,venue, l'.hitestone, Queens County, Nev: York, I as executors of the last will and testament � of FPANK V. TACCAPDO late of Flushing, Queens County, New York , deceased, part ies of the first part, and PPEETON M. HAFPINGTON, JF., and KATHAF.INE T. HAF.PINGTOIJ, h15 Wife, I I both residing at 19 DePuyster Avenue, Tenafly, Nev, Jersey, F °f -. : parties of the second partoil WITNESSETH, that the parties of the first part, by virtue of the power and authority to them given in and by said last will and testament, and in consideration of the sum of T: IP1' r:N THUU, P1JL t•, AND 00/10C 013,000.00) ------ ------- -- -- - - -- dollars, r, Ilawful money of the United States, paid by the part 1 e s of the second part, do hereby grant and release unto the partiesof the second part their heirs, distributees and assigns forever, ALL that lot or parcel of land, with the buildings ar;d im�rove- vents thereon, in the Town of Southold, at Cedar Beach Park, County of Suffolk, State of New York, know -n and designated as Plot Number One Hundred Sixteen (116), as shcvm on e certain r,np en- I titled "Subdivision Map Cedar 3each Park, situate at Bayview, Toon of Southold, New York, 11 surveyed and certified by Otto W, Van Tuyl, Engineer and Surveyor, as Map Number Ninety (90) on or about December 19, 1927. Being the same premises as were conveyed to said Testator by deed dated June 2, 1951, recorded in the Suffolk County Clerk's Office p, June 4. 19?1, in Liber 1581 of Conveyances, beginning at page 365. I' Subject to any state of facts an accurate survey might show. III Subject to covenants, restrictions, easements and declarations, if any, contained in former instruments of record, insofar as the sar,,e presently affect the premises.' Together with an easement for ingress and egress over all streets, roads, drives ana lanes as iaiu uuwl, uL s_'LLL,.; and also the is right of ingress and egress in and to any of the Inlets, Basins or boat Harbors on said map, and to moor a or boats in Cedar Beach -;✓/� Harbor. Together with all the right, title and interest, if any, in and to V land in front of said premises under water in the Peconic Bay, and all riparian rights therein. Together with the right, to run with the land, to use and enjoy in common with others enjoying similar rights and privileges, those portions of Cedar Beach Park, which have been or may hereinafter be set aside for community purposes subject to rights, reservations, rules and regulations as contained in deeds of record. ' 2722 PAGE4...;:4 enances, and also II, together with the appurtall the estate which the said resist or had at the time of had topower ecease in said premises, and also the estate therein, which the partiesof the first part had@ or h to convey or dispose of, whether individually, or by virtue of said will or othe arse, of the second part. I' TO HAVE AND TO HOLD the premises herein granted unto the p es distributees AND and assigns forever. itheir heirs, AND the part Les of the first part covenant as follows: FIRST.—That the parties of the first part have not done or suffered anything whereby the said premises have been inctunbered in any way whatever. � SECOND.—That, in compliance with Section 13 of the Lien Law, the parties of the first part will receive such consideration as ust receive the consideration for this conveyance and will hold the right to ofthe fund to be applied first for the purpose of paying the cost of the improvement and that the parties art of first part will apply the salve first to the payment of the cost of the improvement before using any p the total of the same for any other purpose. IN WITNESS WHEREOF, the parties of the first part ha ve hereunto set their hands and II seals the day and year first above written. f.� ESTATE OF FPANiS M. TACCAPDO,DECEASEC IN PRESENCE OF: 13 Y - tx for ,� CE sx u or STATE OF NEW YORK ss.: COUNTY OF AK On the / % day of June one thousand nine hundred and forty—seven before me came POSEIAAPY II. pOMEROY, formerly ROSDIAPY Me TACCAPDO, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that She executed the same. M. ELIZABETH KEIL Notary Public of New York State Residing Dutehae County No. $44 MY enm ;i ;rws expires Maaoh 30, 1949 STATE OF NEW YORI ' ((ss.: COUNTY OF DUTCHESS, i I, FREDERIC A. SMITH, County Clerk and Clerk of the Supreme Court of the State of New York in and for Dutchess County, the same being a Court of Record liaving by ]xtw a �u1r DDH R�$Y CERTIFY THAT0. whose name it suh—roto to r t, ewy ' -- instrument , war at the time a taking the tame a NOTARY PU L C in and forte au o York, duly commissioned and sworn and puaafled to act as such throughout the State of New York; that DnrNaIt to law a commiuion, or • eertiacate of his Appointment and dificauons, and his auto' graph signature, have b e filed in y o1Rcc; that a arch Notary Public 6e was dul, thnriaed br the laws of the State of New York to administer oaths and alhrmations, to receive anJ certify the acknowledgment or proof of deeds, mortgages, Dowers of attorney and other wntten instruments ler lands, tenemenu and hereditaments to be read in evidence or r Lorded in this Starr. to Drutot "°res and to take and certify affidavits and depositions; and that I am well ac9uaioted with the hamlwnnng of depositedlic, or h -a is my office, andathe bNieve that theeon signature annexed genu ne.romeut wdh Lia autograph IN WITNESS WHEREOF, I have rearms set my hand and affixed my official seal this ��... day�of ... /��Icrk 19 q, ounty Clerk and f the Supreme Court, Dutchess County. I. v .t .v Vork,) S.S. c, I Olfetyls, -G1 'j, Of the C'Jllllty o t 4 L), I I JAVOTIP (,I rcC( C,,,Irt �n �)ud beink "r 2li'l CoUllt, "" til P ALA:� ... . ...... lei, t,r deco' ce Of ',Ic 'no" r t i fi c .1 t ✓ toil, am e subscribed to e I .111,11t, Was it the time ,f riking the 'all' aci j,n cx( d in� Orn ,ljl�j (j.l;I1ifv:d to ii :.ioned ,11(1 at,� ')i I" lit :,te of Ncv York, (1111v collillij law I (,r a ccill! -, 11 and , C; that pursiiailt t1l v licc tjjrC)rIp:1lDI1t rad State; u 'rai'll lla-e fil(d in ti,qj� 'Ill,] 1115 ""It ia%*, .f tile S" t- nnr til;,litica . I , 'tc. �:(yrmZY PIII'Llc he %%,15 ailt!'orl7c'I by riifv t1w a,krI-,v1( ol-11" 'It "r I'll- "I wJ terOmIls ati(I affirtridtioni. to - t" h'. ill I . I co" or T, ( I i t� j jIcrcd'�:IM,:rIt �_ l, -I % it'ft for lands, tellullic �Jlc Z"l !'I C,:Tt:fV (jC:j'_ In(j tll:lt ZkCM1II I - C at tit i t. it lac`t'lw to [,rot, --.t MAC'S `111d'- to coma -,I r, 'I tj�e ttare is ile j".' (,if Bch IT", '11A tint t 11' I ittire in ith Ili ailtof'r3r. I , � : i IN W1% NT 191 tj, u—y ............ i I's t,!, Co -rt 144. Ic rh County Covet, oj,w, ns C olty. I jUA3U i')4% q;A R FOFZI� 'ilj'(IHE3 'D t['.2 - day of Jua�, one I -11 -no t C V k I c e r el caiue FP : T F - y 1i G lil t o �-I t) 1,e the r t b cu` in and e,,ecuted 11-n- its ),.,,,�� t he eii-cli ted IChe sn-,:ie. .t .v Vork,) S.S. c, I Olfetyls, -G1 'j, Of the C'Jllllty o t 4 L), I I JAVOTIP (,I rcC( C,,,Irt �n �)ud beink "r 2li'l CoUllt, "" til P ALA:� ... . ...... lei, t,r deco' ce Of ',Ic 'no" r t i fi c .1 t ✓ toil, am e subscribed to e I .111,11t, Was it the time ,f riking the 'all' aci j,n cx( d in� Orn ,ljl�j (j.l;I1ifv:d to ii :.ioned ,11(1 at,� ')i I" lit :,te of Ncv York, (1111v collillij law I (,r a ccill! -, 11 and , C; that pursiiailt t1l v licc tjjrC)rIp:1lDI1t rad State; u 'rai'll lla-e fil(d in ti,qj� 'Ill,] 1115 ""It ia%*, .f tile S" t- nnr til;,litica . I , 'tc. �:(yrmZY PIII'Llc he %%,15 ailt!'orl7c'I by riifv t1w a,krI-,v1( ol-11" 'It "r I'll- "I wJ terOmIls ati(I affirtridtioni. to - t" h'. ill I . I co" or T, ( I i t� j jIcrcd'�:IM,:rIt �_ l, -I % it'ft for lands, tellullic �Jlc Z"l !'I C,:Tt:fV (jC:j'_ In(j tll:lt ZkCM1II I - C at tit i t. it lac`t'lw to [,rot, --.t MAC'S `111d'- to coma -,I r, 'I tj�e ttare is ile j".' (,if Bch IT", '11A tint t 11' I ittire in ith Ili ailtof'r3r. I , � : i IN W1% NT 191 tj, u—y ............ i I's t,!, Co -rt 144. Ic rh County Covet, oj,w, ns C olty. I jUA3U i')4% q;A R FOFZI� 'ilj'(IHE3 _ , Q „ TOWN OF SOUTHOL.D P'RORERTY RECORD CARD OWNER STREETl0,3 VILLAGE DISTRICT SUB. LOT fo F RMER OWNER i - N E �` ACREAGE S WTYPE OF BUILDING '`RES �� ( SEASJ VL. FARM comm. ( IND.' ` CB. , MISC. LAND IMP. TOTAL DATE REMARKS a2 �z in 14 -- ' ♦ . o S� i7 Go eetzh V g 3 03 -0Z 31, to/ - �� 3 -� r 9S �o AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable; 3 Wcodland Swampland Brushland House Plot w -f � ' . - q-. ,�,: _. 9 f.4A(c—) M (143) 1-910 Page 1 of 1 X120 2 fi4 http://gis.co.suffolk.ny.uslrpsIESRI.ArcGIS.ADF. Web.MimeImage.ashx?ImgID=568bO4O... 1/22/2014 t. NG ISLAND P�p�OR Po IL 8^4 KV�f F pyED' SOUND `Da9 • • A. =—a - -10 -12 x--14 16 i FEN�E p.SE'/ 0 2W • �HflD X �A • u`4 \20/ \N xO Y SURVEY OF LOT 18 MAP OF GREEN ACRES AT ORIENT FILE No. 3540 FILED APRIL 13, 1962 SITUATE ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-01-05 SCALE 1 "=20' APRIL 6, 2009 MAY 4, 2009 ADDED PROPOSED POOL OCTOBER 31, 2013 RELOCATED PROPOSED POOL AREA = 27,106 sq. ft. (TO TIE LINE) 0.622 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: — — — —s— — — — F.FL. - FIRST FLOOR G.FL. - GARAGE FLOOR UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD 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. st;S 7;1t� JAN 10 2014 C -PARD AFAPPAI'.c. 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 Nay, s N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 EXISTING FRAME 6ARA6E TO BE RENOVATED KIMA SECOND FLOOR 4 ROOF FRAMIN6, AND NEW EXTERIOR FINISFES Now or Formerly of: JAMES DILL AND EILEEN DILL S06'12'509#W 281.19' 2i Masonry — BBQ LD P. --------------------------------------- Conc. PQdo WA O.H. N83.43'10"W / 23.20' Now or Formerly of: JAMES DILL, JR. Dwelling S 06'16'50"W -� 24 i i i i i i --------------24-----------�''''' i 22 `B120_--------------------------20--- -_ N06 -16'50"E Now or Formerly of: ADELAIDE FENTON 22-----'---- --------------- ---- ------ ----------------------------- 22 --- -------- 1s------ 659.05. � SITE PLAN z SCALE: 1" = 30'-0" SITE DATA SCTM # 1000-117-10-3.5 PROPERTY: 410 JACKSON STREET ADDRESS NEW SUFFOLK, NY OWNER: L. PATRICK HIGGINS JENNIFER J. HIGGINS 2 KENILWORTH DRIVE SHORT HILLS NJ 07078 SITE: 106,158.7 SQ. FT. = 2.43 ACRES ZONING: RESIDENTIAL 40 (R-40) SURVEYOR: JOHN C. EHLERS 6 EAST MAIN ST. RIVERHEAD, NY 11901 49273 DATED 06/20/12 LOCATION MAP RCHARD S KOUROS RD OLL. �00 W z 533 t9NEW SUFFOLK AVE otln f RECE1< /M JAN 3 0 2014- BOARD 014BC ARD OF APPEALS GREAT PECONIC BA Y REGULATORY APPROVALS Z LLJJ (Do W LL z U- 0 I= c<W z Z 0 W cl) W e.- cn O Z O z cl) W r Z • co VQ • H M r Jam• E3 cir� yo}�� Lu J . W. W� t Z L Z LL n LLr W . L N N Q E— • v � CO) U)- PROJECT NO: 1304 DRAWN BY: UT CHECKED BY: TS DATE: 12/06/13 SCALE: 1"=30'-0" SHEET TITLE: SITE PLAN SHEET NO: I SCHEMAT SCALE: 1/4" =1' -0" REMOVE KALL M PROVIDE EXISTING SHINGLE P WALLS) PROPOSED ROOF FRAMING EXISTING ROOF FRAMING EAST ELEVA' SCALE: 1/4" =1' -0" SCALE: 1/4" =1' -0" SECOND SCALE: 1/4" =1' -0" EV SCALE: 1/4" =1' -0" NORTH ELE. SCALE: 1/4" =1' -0" v 41'-5" EXI5TIN(S FIRST FLOOR - SCALE: REGULATORY APPROVALS Z W� J o o U. co� 09 W cl) Z Z - Ow co w Qz cl) 000 Z Z to W � V � Q 3:" O d' 0�Z. co Q • U) w r 13 W J• o U 2! z r, D W • x R z N ? O nW• N 0 t� ax1.3} V V Q �"'• u cf) U) - PROJECT NO: 1304 DRAWN BY: TS CHECKED BY: DATE: 12/06/13 SCALE: 1/42V = 1' - 0" SHEET TITLE: GARAGE SHEET NO: