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Home My WebLink About6844655 a'cd W6* # 6844 Subdivision and additions and alterations to an existing building to create a single family dwelling. Proposed subdivision proposes to split an existing improved 71,038 sq. ft. lot into two parcels. Parcel #1 will have a lot size of 30,940 sq. ft. and lot depth of 161 ft. Lot #2 will be conforming per Bulk Schedule. The additions and alterations will result in a front yard setback (Lot #2) of 35.6 ft. Planning Board approval also Required. Art IV Sec 280-18 3 PH3``15 �►i I I ►�. Gsn� f r2� 1o4 1'Yld ,Thev lr� Jr- G a X35 f t�vvpc�se - � /of Scab -Ir, R -Llolst _ ea .1Qf bvff be_17-cwl-Gm 'ormfal Mee6017 _ -e wed ................................. 1A 146# 'BOARD MEMBERS 0� so 53095 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp —53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora' [ Office Location: Eric Dantes G Town Annex/First Floor, Robert Lennert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�C�U - Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 EXTENSION DETERMINATION Second\Extension Meeting of February 7,2019 ZBA FILE 96844 NAME OF APPLICANT: Theodore C. Martz, Jr. PROPERTY LOCATION: 555 Broadwaters Road, Cutchogue,NY SCTM'1000-104-12-6.3 (Formerly known at 1000-104-12-6.1 BASIS OF APPLICATION:Request for Variances under Code Section 280-18 and the Building Inspector's December 1,2014,Amended January'28,2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at:Proposed Lot 1 - 1)less than the code required minimum lot size of 40,000 sq. ft.,2)less than the code required minimum lot depth of 175 feet, Proposed Lot 2— 1)less than the code required minimum front yard setback of 50 feet. RELIEF REQUESTED: The applicant requests variances for a proposed two lot subdivision with proposed lot #1 consisting of 30,940 sq. ft. lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 175 feet is required, and proposed lot#2 with a front yard setback of 35.6 feet where a 50 foot setback is required by code. DATE OF'PUBLIC HEARING: March 19, 2015 This appeal was originally granted as applied for with conditions on April 2, 2015. Theodore C.Martz Jr.,received a one year extension on January 18, 2018 to expire on April 2, 2019. By letter dated January 8, 2019, Mr. Martz requested a second one year extension of area variances to allow him time to procure a certificate of occupancy. RESOLUTION OF THE BOARD: A motion was offered by Member Weisman seconded by Member Lehnert, and duly carried,to GRANT,the applicant's request that the above cited determination be extended for eight(8)months to December 2,2019, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Planamento and Lehnert. This Resolution was Zduled(4-0 . (Memb Acampora was absent) Leslie Kanes Weisman, Chairperson Approved for filing A / 9 /2019 t ' RECEIVED JAN g 12M ZONING BOARD OF APPEALS January"8, 2019 Town of Southold Zoning Board of Appeals PO Box 1179 Southold, New York 11971 RE: ZBA File#6844 SCTM# 1000-104-12-6.3 373 Broadwaters Road, Cutchogue, NY A building permit has been issued for these premises and construction is ongoing. This is to request the 2"d extension of allowed time to procure a certificate of occupancy. /Ryern . , k 11949 (51'6)-343-7143 Via: RegularMail e-mail- KimF @SoutholdTownNY.gov BOARD MEMBERS riF S0 ; Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento �y100U M� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 '.d `� J 2 3 2018 EXTENSION DETERMINATION Meeting of January 18, 201840j. 018n. 0 Mob PCter ZBA FILE#6844 NAME OF APPLICANT: Theodore C. Martz, Jr. PROPERTY LOCATION: 555 Broadwaters Road, Cutchogue,NY SCTM 1000-104-12-6.3 (Formerly known at 1000-104-12-6.1 BASIS OF APPLICATION: Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014,Amended January 28,2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1)less than the code required minimum lot size of 40,000 sq. ft.,2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2— 1) less than the code required minimum front yard setback of 50 feet. RELIEF REQUESTED: The applicant requests variances for a proposed two lot subdivision with proposed lot#1 consisting of 30,940 sq. ft. lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 175 feet is required, and proposed lot 42 with a front yard setback of 35.6 feet where a 50 foot setback is required by code. DATE OF PUBLIC HEARING: March 19, 2015 This appeal was originally granted as applied for with conditions on April 2, 2015. Theodore C. Martz Jr., did request an extension of area variances, by letter dated December 18,2017,for one year. RESOLUTION OF THE BOARD: A motion was offered by Member Dantes (Vice Chair) seconded by Member Acampora, and duly carried,to GRANT, the applicant's request that the above cited determination be extended for one year,to April 2,2019, as per Chapter 280-146 of the Code of the Town of Southold. Vote of the Board: Ayes: Members Dantes(Vice Chair), Planamento, and Acampora. (Chairperson Weisman and Member Goehringer were absent) This Resolution was duly adopted(3-0). �' lam✓ - Eric L.Dantes,Vice Chair Approved for filing / / ��q2018 r � 1 RECEIVED DEC 2 R 2017 ZONING BOARD OF APPEALS December 18, 2017 Town of Southold Zoning Board of Appeals PO Box 1179 Southold, New York 11971 RE: ZBA File# 6844 555 Broadwaters Road, Cutchogue, New York A subdivision map for this parcel was filed with the Suffolk County Clerk on September 14, 2017 as File#A837 and copies have been provided to the Assessor and to the Planning Department. The tax map numbers are now 1000- 104-12-6.2 and 6.3 and the addresses are now 555 and 373 respectively. A certificate of occupancy for the cottage has not been obtained. This is to request the first of the three (1) year extensions be approved when the original three year period expires on April 2, 2018. Sincerely, Theodore C. Martz Jr. 145 Ryerson Avenue Manorville, New 11949 (516)-34371 - (cell) Via: Regular mail e-mail- KimF@SoutholdTownNY.gov / f \ II BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 n ._RECEIVED Gt�rw �/�,� FINDINGS, DELIBERATIONS AND DETERMINATION 36uthold Town Clerk MEETING OF APRIL 2, 2015 ZBA FILE #6844 NAME OF APPLICANT: Theodore C. Martz, Jr. PROPERTY LOCATION: 555 Broadwaters Road, Cutchogue, NY SCTM 1000-104-12-6.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Feb. 6, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a +/-71,038 sq. ft. parcel in the R-40 zone. The northerly lot line measures +/-205.52 feet along Broadwaters Road. The easterly lot line measures +/-341.41 feet, the southerly lot line measures 200 feet, and the westerly lot line measures +/-362 feet. The property is improved with two (2) single family dwellings, as shown on the survey drawn by Kenneth M. Woychuk, dated April 30, 2007, with the latest revision dated Nov. 6, 2014 to show the proposed lot line division and building setbacks. BASIS OF APPLICATION: Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 — 1) less than the code required minimum front yard setback of 50 feet. RELIEF REQUESTED: The applicant requests variances for a proposed two lot subdivision with proposed lot #1 consisting of 30,940 sq. ft. lot size where 40,000 sq. ft. is required by code, and a proposed lot depth of 161 feet where 175 feet is required, and proposed lot #2 with a front yard setback of 35.6 feet where a 50 foot setback is required by code. ADDITIONAL INFORMATION: The subject parcel was originally created and existed as two lots, lots 189 and 190 of the "Amended Map A of Nassau Point", filed on June 28, 1922 as Map 156 in the Suffolk County Clerk's Office. The lots 189 and 190 were also respectively described as SCTM #'s 1000-104-12-05 and 06. Prior to zoning, there were two dwellings erected on these adjoining lots. These dwellings have pre-existing Certificates of Occupancy and they exist today. One of the two dwellings was mistakenly situated straddling the north -south division line between Lots 189 and 190, and the second non -conforming dwelling/cottage is situated entirely on Lot 189. An Appeal, #2400 in 1978, was granted for a variance to allow a lot -line reconfiguration that would Page 2 of 3 — April 2, 2015 ZBA#6844 — Martz SCTM# 1000-104-12-6.1 subdivide the lots with an east -west division line. This would reconfigure the two lots with one pre-existing dwelling on each lot and bring them into more conformance with the Code. The owner who applied for the variance that was granted in Appeal #2400, did not enact the lot line reconfiguration. The lots were later conveyed to another party who, in 2006, requested that the lots 189 and 190 be recognized as one lot for tax purposes. Pursuant to Town Code Article II, Section 280-10 the lots 189 and 190 have merged. Presently there exists two pre-existing non -conforming dwellings on the subject parcel. The Southold Town Planning Board submitted a memorandum dated Feb. 17, 2015 in which that Board stated that they do not support the variance for the creation of proposed Lot #1 with a non -conforming lot size. The Planning Board also had not supported a variance in ZBA appeal #6344, dated Dec. 2, 2010, in which the applicant was granted a variance for the creation of two non -conforming size parcels with the lot lines that were proposed by the applicant at that time. The #6344 variances were granted, for two non -conforming size lots, and that decision also required, as a condition, that the insufficient size cottage, and the single family dwelling that would then straddle the proposed newly created lot lines, must both be demolished in order to be replaced by two conforming structures that could be built on the lots. However, the applicant did not proceed to develop a site plan in accordance with the variances granted in 2010 or seek approval from the Planning Board for a subdivision as required by Code. The file also contains letters from adjacent neighbors and the Nassau Point Property Owners Association stating opposition to the proposed application and the site plan. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 19, 2015, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There is one pre-existing single-family dwelling and one pre-existing cottage already on this property, and the lot division variances will not increase the density of dwellings in the neighborhood, but will create two lots with one conforming size dwelling on each lot as conditioned herein. Proposed lot #1 will have a non -conforming lot size and depth similar to numerous non- conforming lots in the neighborhood. Proposed Lot #2 will have a conforming size, conforming width and depth, and a non -conforming front yard setback as measured from the rear yard lot line of lot # 1. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The total area of the property is 71,038 sq. ft. and it cannot be divided in a way that would create two conforming size parcels. Therefore variances are required for proposed lot #1 for lot size and lot depth. The dwellings on each of the proposed lots are pre-existing, and the dwelling on lot #2 cannot feasibly be moved to a location with a conforming front yard setback. Therefore a variance is required for the front yard setback of 35.6 feet as measured from the rear yard of lot #1. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a lot size of 30,940 sq. ft for proposed lot #1 is mathematically substantial, representing +/-23% relief from the code. However, there are numerous lots in the neighborhood that have non -conforming lot sizes of less than the required 40,000 sq ft. The variance granted herein for a non -conforming lot depth of 161 feet for proposed lot #1 is not substantial, representing 8% relief from the code. The variance granted herein for a 35.6 feet front yard setback for proposed lot #2 is substantial, representing 29% relief from code. However, this setback is measured to the rear yard property line of proposed lot #1, and is not measured from any public road. The existing dwelling on lot #1 is located 50 feet from the common lot line adjacent to lot #2. The dwelling on proposed lot #1 has conforming front, rear, and side yard setbacks. 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 property currently contains one pre-existing single-family dwelling and one pre-existing cottage. The two proposed Page 3 of 3 — April 2, 2015 ZBA#6844 — Martz SCTM# 1000-104-12-6.1 lots will each contain one conforming size dwelling, and there is a new County certified septic system and public water available on each lot. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly created lot with a non -conforming lot size and depth, and second newly created lot with a pre-existing conforming sized dwelling with a non -conforming front yard setback, 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 Horning, seconded by Member Schneider, and duly carried, to GRANT, the variances as applied for, and shown on the survey drawn by Kenneth M. Woychuk, dated April 30, 2007, with the latest revision dated Nov. 6, 2014 to show the proposed lot line division and building setbacks. Subject to the following conditions; CONDITIONS: 1. The applicant shall provide a 20 foot natural and undisturbed buffer of 170 feet on the east and west property lines and a 30 foot natural and undisturbed buffer along the entire southern property line which will remain in perpetuity. 2. The applicant shall bring the cottage on proposed lot #2 into conformance with the Town Code definition of a dwelling consisting of a minimum of 850 square feet of living area. 3. The applicant shall secure subdivision approval from the Town Planning Board. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante, Goehringer. This Resolution was duado ed -0). Leslie Kanes Weisman, Chairperson Approved for filing � / 7 /2015 S.C.T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 12 LOT(S):6.1 „a; Dr—(`GT11r—n M AS PREVIOUSLY APPROVED BT THE TOWN OF SOUTHOLD BOARD OF ZONING APPEALS ON MARCH 23, 1978 AS APPEAL 12400. LOT 202 REVISED NOV. 6. 2014 NEW CESSPOOLS INSTALLED UNDER REVISED SEPT. 5, 2014 SCDHSj R10-08-0023 do OPERATIONS PERMITS UPDATE dt REVISE SURVEY 03-28-14 ISSUED BY TOWN OF SOUTHOLO 4151 R do 4152R REVISED 09-23-10 O REVISED 09-20-10 N DEC. 27, 2013 AREA: 71,038.19 SQ.FT. or 1.63 ACRES t THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS. ELEVATION DATUM: ------------------------. 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 SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 7l TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADD/TIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOTS 189 & 190 INCL. MAP OF:AMENDED MAP A" OF NASSAU CLUB POINT PROPERTIES FILED: JUNE 28, 1922 No. 156 SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE #27-36-14SCALE: 1 "=40' DATE: APRIL 30, 2007 CERTIFIED TO: THEODORE C. MARTZ JR.; ABSOLUTE ABSTRACT INC.; FIDELITY NATIONAL TITLE INSURANCE CO.; KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy A Kenneth M. Woychuk S.C.T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 12 LOT(S): P/0 6.1 � �tECEIVED OP�RQ �P ppPEA`s NEW CESSPOOLS INSTALLED UNDER SCDHSj R10-08-0023 do OPERATIONS PERMITS THE WATER SUPPLY, NELLS; DRYWELLS AND CESSPOOL ISSUED BY TOWN OF SOUTHOLD 14151 R & 4152R LOCATIONS SHOW ARE FROM FIELD OBSERVATIONS REVISED NOV. 6, 2014 ON DEC. 27, 2013 AND OR DATA OBTAINED FROM OTHERS AREA: 30,940.44 S.F. or 0.71 ACRES ELEVATION DATUM: _________________________ UNAUTHOR/ZED ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEAR/NG THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY /S PREPARED AND ON HIS BEHALF TO TH£ r/ ME COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LEND/NG /NS777URON, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPEC/FIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GU/DE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOTS 189 & 190 INCL. CERTIFIED TO: THEODORE C. MARTZ JR.; MAP OF: AMENDED MAP A" OF NASSAU CLUB POINT PROPERTIES IN,. ABSOLUTE ABSTRACT INC.; FILED: JUNE 28, 1922 No. 156 FIDELITY NATIONAL TITLE INSURANCE CO.; SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK 'LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design FILE #27-36—D SCALE: 1 "=40' DATE: APRIL 30, 2007 4.*& #4 41j"Cz N. Y.S. L/SC. NO. 050882 P.O. Box 153 Aquebogue, New York 11931 PHONE (631)298-1588 FAX (631) 298-1588 maintaining the records of Robert J. Hennessy k Kenneth M. Woychuk �n, N1T/3 BR AD i ATERS •�� ;�,. • 80 MAP — w.w. NYr/3en, ( . A 1, MON. CLOW S 61.07'30w \ 1 g MON. P/O Lot 189 I F ul P/0 LOT 190 ELM SERWCE CA LOT iaa 1 EX37M+6 I I WOOD 3" I 70 W W 1 $4.7' 1 .� `2�, a ; C0� pAn0 m : a 199 �r II EIEC.N FR. ' �555 m t o %4.2 7 .5' c b' ,Qin 10 UP 22.5' Nrt� C S T. 23.3' p�n0 y� LOT 191 Z J6.3' 2.3' .�" of 24. 0 R. ;O W raaPoo -� sNED wcnraN u of a r--� I t g EVERGREE I EVE Ns i : ' N66'48'jo-W 0.> s EXISTING CRUSHED STONE ORNEWAY 20. ' 10.6 2.0' e.2' \ P/O LOT tag I P/0 LOT 190 NEW CESSPOOLS INSTALLED UNDER SCDHSj R10-08-0023 do OPERATIONS PERMITS THE WATER SUPPLY, NELLS; DRYWELLS AND CESSPOOL ISSUED BY TOWN OF SOUTHOLD 14151 R & 4152R LOCATIONS SHOW ARE FROM FIELD OBSERVATIONS REVISED NOV. 6, 2014 ON DEC. 27, 2013 AND OR DATA OBTAINED FROM OTHERS AREA: 30,940.44 S.F. or 0.71 ACRES ELEVATION DATUM: _________________________ UNAUTHOR/ZED ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEAR/NG THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY /S PREPARED AND ON HIS BEHALF TO TH£ r/ ME COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LEND/NG /NS777URON, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPEC/FIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GU/DE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOTS 189 & 190 INCL. CERTIFIED TO: THEODORE C. MARTZ JR.; MAP OF: AMENDED MAP A" OF NASSAU CLUB POINT PROPERTIES IN,. ABSOLUTE ABSTRACT INC.; FILED: JUNE 28, 1922 No. 156 FIDELITY NATIONAL TITLE INSURANCE CO.; SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK 'LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design FILE #27-36—D SCALE: 1 "=40' DATE: APRIL 30, 2007 4.*& #4 41j"Cz N. Y.S. L/SC. NO. 050882 P.O. Box 153 Aquebogue, New York 11931 PHONE (631)298-1588 FAX (631) 298-1588 maintaining the records of Robert J. Hennessy k Kenneth M. Woychuk S.C.T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 12 LOT(S): PI0 6.1 LOT 202 NEW CESSPOOLS INSTALLED UNDER SCDHSj RIO -08-0023 do OPERATIONS PERMITS 7HE WATER SUPPLY. WELLS, DRYWELLS AND CESSPOOL ISSUED BY TOWN OF SOUTHOLD 1415IR dt 4152R LOCATIONS &&OWN ARE FROM/ FIELD OBSERVATIONS REVISED NOV. 6, 2014 ON DEC. 27, 2013 AND OR DATA OBTAINED FROM OTHERS AREA: 40,097.75 S.F. or 0.92 ACRES ELEVA r/ON DATUM: ------------------------- UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC 7101V 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES 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 TIME ASSIGNEES OF THE LENDING INS777U77ON, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: P/0 LOTS 189 & 190 INCL. MAP OF: AMENDED MAP A" OF NASSAU CLUB POINT PROPERTIES FILED: JUNE 28, 1922 No. 156 SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD SUFFOLK COUNTY, NEW YORK FILE 527-36—C SCALE: 1 =40' DATE: APRIL 30, 2007 CERTIFIED TO: THEODORE C. MARTZ JR.; ABSOLUTE ABSTRACT INC.; FIDELITY NATIONAL TITLE INSURANCE CO.: KENNETH M WOYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design /i410,00a P.O. Box 153 Aquebogue, New York 11931 PHONE (831)298-1588 FAX (631) 298-1588 N. YS. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk r(V�L t WOUNTY OF SUFFOLK �s Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner February 6, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 1.1971-0959 Attn: Leslie Weisman Dear Ms. Weisman: RECEIVED FEB 16 2015 BOARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Cutchogue 6213,6291,6278, 6204 LLC #6837 Penney, William III/Sukru, Ilgin (CV) #6840 Peconic Landing at Southold Inc. #6843 Martz, Theodore C. Jr. #6844 Trownsell, R., Trownsell, D., Feuerman, K. #6845 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 8534191 MEMORANDUM 1=F.E� t p, To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: February 17, 2015 Re: Request for ZBA Comments for Ted Martz SCTM#1000-104-12-6.1 ZBA #6844 The Planning Board has reviewed the request of Ted Martz which proposes to split a 71,038 sq. ft. parcel into two lots where Lot 1 would equal 30,940 sq. ft. and have a lot depth of 161' and Lot 2 would result in a front yard setback of 35.6' in the Residential 40 (R-40) Zoning District. The parcel is located at 555 Broadwaters Road, Cutchogue. The Planning Board did not support a similar Variance request made for the splitting of the parcel in a memorandum dated November 23, 2009 (attached) citing inconsistencies with the Comprehensive Plan. The Board's position has not changed. The Planning Board does not support the creation of non -conforming lots in the R-40 Zoning District. Note, that if the applicant receives a favorable decision by the Zoning Board of Appeals, a Standard Subdivision would be required. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact this department. Aft. ' MAILING ADDRESS: PLANNING BOARD MEMBERS�QF S�(/ry P.O. Box 1179 DONALD J. WILCENSKI �0� �/_ �O Southold, NY 11971 ( 1� Chair OFFICE LOCATION: LLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY JAMES H. RICH III ,� �Q 54375 State Route 25 /� �`oU111 (cor. Main Rd. & Youngs Ave.) wt., MARTIN H. SIDOR e� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD l (A `1 q v RECEIVED MEMORANDUM 1=F.E� t p, To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: February 17, 2015 Re: Request for ZBA Comments for Ted Martz SCTM#1000-104-12-6.1 ZBA #6844 The Planning Board has reviewed the request of Ted Martz which proposes to split a 71,038 sq. ft. parcel into two lots where Lot 1 would equal 30,940 sq. ft. and have a lot depth of 161' and Lot 2 would result in a front yard setback of 35.6' in the Residential 40 (R-40) Zoning District. The parcel is located at 555 Broadwaters Road, Cutchogue. The Planning Board did not support a similar Variance request made for the splitting of the parcel in a memorandum dated November 23, 2009 (attached) citing inconsistencies with the Comprehensive Plan. The Board's position has not changed. The Planning Board does not support the creation of non -conforming lots in the R-40 Zoning District. Note, that if the applicant receives a favorable decision by the Zoning Board of Appeals, a Standard Subdivision would be required. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact this department. Aft. 0 wlto�.5zlin "Owl PLANNMG BOARD AMMMIER8 Ch1dr WILLIWil CPJMRRS to KRMZTH 1. ZVWARM Geows D, 001ADMON JOSEPH L. TOWNSEND PJANNMG BOARD OMCE TOWN OF SOUTHOLD MMORANDUM To: Gerard P. Goehringer, ZBA Chairman Mernbers of the Zoning Board of Appeals From: Martin H. Sidor, Chair Membiers of the Planning Board I #TIM Z = 7 w1kIKKIC! Re: Request for lot area variances. ZBA # 6344 SCTM#1000.104.12.6.1 Zbw. R40 Location: Nassau Point, Oulchogue Is MAUMG ADDREM P.O. B= 1179 aouthoK NY 11971 OFF= LOCAMTOM T6" HA Annin 64316 am" Rout* 25 (Ow. Main Rd. & YOMP AM) Southokl. NY Towphoom On "a -MM fto "I 7054"s NOV 3 0 2009 KMDOFNPMS The Planning Board has reoelved your request for comments regarding the above rallerencod applicafion. The autqed property Is 71,028 square host and Is piopos0d to be subdivided into two lots, one 30,50 &f. and one 34,480 &f. We have mewed to proposed action in to context of the T*wW* Comprehen0vo Plan, which Is comprised of a number of plans and studies, and the zoning code Itself. Based on comprehensive planning eftft, the Toym Board applied the zoning district of R-40 to this area ss an a '10i !M69111111 thatthe previous zoning alkndrigahigher' density here was not in the best interest of the town. The monger low serves On Me purpose by attempting to w4o the overly dense arrangement of kft In an area such as this whom it cannot be sustained. Lot area varlaraw can do* undermine the Intsorky of the code when taken cumulatively overtime. This proposed lot area variance is Inconsistent with the Hamlet Study. the 2007I2008 Hamlet Stel*older mcommodations. the 2003 Comprehensive Implementation Strategy, and the Local Wetarhd Revitalization Study. AN recommend ftit additional density be located close to the hamlet carters, and Nessau Point is for horn the hamlet center. Nov 780049pt 9*400 CWAPpW,S Amar major Inconsistency with the Town's Comprehensive Plan Is the adaMS kyqxxt on the quart of the groundwater, which in turn will Cam Pdkftn b now trap the nearby bay. The P'eaonic Estuary C:omprrehter oo Pian as woo as Southold`s Plans call for p 0sc i g the weer quality of the bays, a mate of public health. we re and Weiy. Nassau lent is already densely settled, and every home hes a septic system. In= and limping. NWdn lescift from septic systems and fextilmer, and omen tnom pssodds. end up In the groundwater. The groundwater trovelo to the bay, torrying the pollution with lt. On such a narrow peninsula, the pollution arrives In the bay %irly qukddy. ActdhV yet wv*mr Wk system two will increase On pollution of to bay, and leads to the conclusion that k1crsasing density beyond the ami zoning should be prohibited. Allowing an additional substandard lot to be floated In Nessa Pobtt wB MOM In ncrieage d traffic, which is inc+onawtent with the goal of almost every Town plan to reduce and control trete Nasseu Point Is too lar from the hamlet center for easy walking and bk tg. Further. there is no opporkety for pubi'th Imnsportatiom From this loon cars are Icy used for all trips lo the grocery MOM, Ybrary and other services. This inoses poled on and trafAc, and reduces quality of ids for al. Lastly, the PWm*V Board would be to point out that it eppaess from a review of the aortal photo (2004 — see aftcW) that the lot is twoMly wooded. Loss of Uwe, a valuable natural resource in Soutda>ld, will hlireiy result from a lot area varbrnoe. Baumd on the above, to Planning Board has forsnd that the proposed action is Inconsistent with thse Towns Compr+eh noW Plan, and carrot support the grantirrg of the tot area varislrm s. We hope that the kionration provided to you Is WOW. Should you have any qhs or need additional Intaomation, please contact the PUnrft tepartrnenl. Tl rt you. 0 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Ted Martz 145 Ryerson Avenue Manorville, NY 11949 Please take notice that your application dated November 1, 2014 RECEIVED. JAN 2 S 2015 BOARD OF APPEALS DATE: December 1, 2014 AMENDED: January 28, 2015 For a permit for a subdivision and additions and alterations to an existing building to create a single family dwelling at Location of property 555 Broadwaters Road, Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 12 Lot 6_1 Is returned herewith and disapproved on the following grounds: The proposed subdivision is not permitted pursuant to Chapter 280-18, which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low -Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." Pursuant to Bulk Schedule, properties within the R-40 District require a minimum lot size of 40,000 square feet, a minimum lot depth of 175 feet, and a front yard setback of 50 feet. Following the proposed subdivision, which proposes to split an existing, improved 71,038 square foot lot into to parcels, Parcel #1 will have a lot size of 30,940 square feet and a lot depth of 161 feet. Lot #2 will be conforming per Bulk Schedule. In addition, the additions and alterations will result in a front yard setback (Lot #2) of 35.6 feet. Note to Applicant: Adw change or further review by the So CC: file, Z.B.A., Planning the above referenced application may require Department. 12/04/2014 4:33 6317656641 i; is SOUTHU-D TRUSTEES PAGE: 01/01 611 f FORM NO.3 RECEIVED TOWN OF SOUTHOLD JAN 2 S 2015 BUILD]NG DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEALS is t ! NOTICE OF DMAPP)<ROVAL TO: Martz DATE: DWMAM L_ 2014 Ryerson Avenue e, NX 11949 Please notice that your application dated Ngmembex 1.2014_ Fork ('� Pox'on a dwelli: t! eats a i i. Location f'ProPeny 515_ Broadwakrs Road 212b, NY County i Map No. 10M - Section 1Qj Block_a Lot j-_1 I: la I grvMth and disapproved on the following smands: i• Theil 1001 RCEMIMIZO—uggto QkM 2 - w Note to APP ftrther revii CC: file, Z.B 0r t: Any "4450 or 41-609" 40 that above rcxex'enced application. May require by the Sohthold Town Badding Departwem. Plauning� _ . RECEIVED ( qqq ,IAN 2 81.015 Fee: $ Filed By: Assignment No. WARP OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 555 Street Broadwaters Road Hamlet Cutchogue SCTM 1000 Section 104 Block 12 Lots) 6.1 Lot Size 71,038 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12/1/14 BASED ON SURVEY/SITE PLAN DATED 4/30/07 (updated 11/6/14) Applicant(s)/Owner(s): Theodore C. Martz, Jr. Mailing Address: 145 Ryerson Ave . , Manorville , New York Telephone: 516=343-7143 Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Anthony C. Pasca for (�'-) Owner ( )Other: Address: Esseks, Hefter & Angel, LLP, 108 East Main St., PO Box 279, Riverhead, NY 11901 Telephone: 631-369-1700 Fax: 631-369-2065 Email: apasca@ehalaw.com Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (x) Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 11/6/14 and DENIED AN APPLICATION DATED 11/16/14 FOR: (3) Building Permit ( ) Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: 7-80 Section: 18 and 109 Subsection: Type of Appeal. An Appeal is made for: (x) 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 k4 has, ( ) has not been made at an time with respect to this roe , 7 UNDER Appeal No(s). 2400 Year(s). 1 (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: 2434 1978 ZBA File# 6344 2010 RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used wtthARD p epaarOF err s APPEALS signature notarized): See attached narrative & analysis 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 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: 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 t ommunity. ignatur, o pplicant or Authorized Agent (Agent submit written Authorization from Owner) Sworn to before me this day of To J6 Notary Public KEVIN ANDERS McGOWIN NOTARY PUBLIC, STATE OF NEW YORK RW&OW No. 02 4anIM 41� 27. l e RECEIVED APPLICANT'S PROJECT DESCRIPTION JAN APPLICANT: Theodore C. Martz, Jr. 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A DATE PREPARED: _ LS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: NIA Height (from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? Af yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 -story main residence at front of property; 1 -story cottage at rear of property. Number of Floors and Changes WITH Alterations: Approximately 250 sf . second floor enlargement proposed for existing 1 -story cottage at rear. Will not alter existing footprint of cottage. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Main house: 1,670 sq.ft, cottage: 744 sq.ft. Proposed increase of building coverage: N/A . Square footage of your lot: Total lot area of 71,038 sf Percentage of coverage of your lot by building area: Approximately 3.5% of total lot area V. Purpose of New Construction: Sole purpose of second floor addition to 1 -story cottage at rear is to bring the existing 744 sf. cottage into compliance with the minimum required floor area of 850 sf. per dwelling unit 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): Wooded and generally flat with a #,radual slope downward from south to north Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 A. M. 0 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? x Yes No Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. RECEIVED .IAN BOARD OF APDFALS C. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? N/A 3.) Is the property bulk headed between the wetlands area and the upland building area? N/A 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A 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? N/A E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Pre—existing single— family home and cottag%rid the proposed use 2 pre—existing single—family Omes on independent lots (ex: existing single family, proposed: same with garage, 04or other) signature and Date n AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD i RECLVED IAN I "l44 BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation ,located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Esseks, Hefter. & Angel, LLP 2. Address of Applicant: 108 East Main St., PO Box 279, Riverhead, NY 11901 3. Name of Land Owner (if other than Applicant): Theodore C. Martz, Jr. 4. Address of Land Owner: 145 Ryerson Ave . , Manorville , NY 5. Description of Proposed Project: Reconfiguration of lot division approved by ZBA in 2010. 6. Location of Property: (road and Tax map number) 555 Broadwaters Rd., Cutchogue (SCTM:1000-104-12-6.1) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { ) Yes {* 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. 6. (Please use the back of this page if there are additional property owners) Signature Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing RECEIVED JAN 2 8 1Q1 BOARD OF APPEALS Part 1- Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Project and Sponsor Information Name of Action or Project: Lot Line Reconfiguration Project Location (describe, and attach a location map): 555 Broadwaters Road, Cutchogue, New York Brief Description of Proposed Action: To reconfigure the lot division appvovdd by the ZBA in 2010 to create two lots with an east—west division line rather than a north—south division line. The proposed lot configuration is identical to the layout previously approved by the ZBA in 1978. Name of Applicant or Sponsor: Telephone: 631-369-1700 Esseks, Hefter & Angel , LLP E -Mail: kmcgowin@ehalaw.com Address: 108 East Main St., P.O. Box 279 City/PO: Riverhead State: Zip Code: New York 11901 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 x 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: x 3.a. Total acreage of the site of the proposed action? 1.63 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 1.63 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial 3ffResidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 • RECEIVE P # 5. Is the proposed action, NO a. A permitted use under the zoning regulations? JAN 2 8 n 1 �_l b. Consistent with the adopted comprehensive plan? MinAMP Al: AR 6. Is the proposed action consistent with the predominant character m u' n landscape? YES N/A x X 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: NO YES X 10. Will the proposed action connect to an existing public/private water supply? 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: New septic systems have been installed for each home 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 I YES X X 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline 12 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 X 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? 0 N ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES X Page 2 of 4 18. Does the proposed action include construction or other activities that resulf in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? n �81Y15 X If Yes, explain purpose and size: JANn 1 1 BOARD OF APPEALS 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: x 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsDate: l 2, I� Signature: Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" 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? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 RECEA 0/ O` l No, or Moderate 44 small to large JA a .0j5 impact impact may may occur occur 10. Will the proposed action result in an increase in the potef os7 n, oo mg MorLZ rainage 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 0 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM • RE CEIVED vqq BOARD OF APPEALS (Last name, that name, middle initial, unless y company. if so, Indicate the other person's or TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business Interest" means a business, including a partnership, In which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest to a non -corporate entity (when the applicant is not a corporation) C) an ofllcer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP 0 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED .IAN �8�015 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Esseks, Hefter & Angel, LLP (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this (S day of 4^amu- , 20 [ S Signature Print Name o �ca, r- , LJ Town of Southold U LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS RE EIVED c C 6 8 1015 BOARD OF APPEALS 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 Erasion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION q SCTM# The Application has been submitted to (check appropriate response): Town Board E Planning Dept. L1 Building Dept. P Board of Trustees Category of Town of Southold agency action (check appropriate response): �� (a) Action undertaken directly by Town agency (e.g. capital L! I 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: A"!E ,) a IF, � 0.1�C�,7, --- -- 0 0 C" Location of action. �5-5S YaKCa'3 P'S Site acreage: l ' l0 ac- e, ea _0 REC TVED 4LPresent land use: l L ZJAN�"` ` ?0! Present zoning classification: �- �'` _ --- RU OF APPEALS 2. If an application for the proposed action has been filed with the "Town of Southold agency, the following information shall be provided: CLIc- (a) (a) Name of applicant: (b) Mailing address: V% ` l C �- � Q>� _ �N SLR iD y- (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ NoX 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) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable - please explain) Board of ?mooning Anneals ADDUcation AUTHORIZATION (Where the Applicant is not the Owner) • RECFIVEQ JAN 2 8 ZOIS BOARD OF APPEALS residing at (Mailing A ress) Southold Zoning Boar�4ppeals. ,/ (Owner's Signature (Print Owner's Name by authorize (Agent) to apply for variance(s) on my behalf from the WITr r. t - Al x >� �,• _-. - i�r��, :.: -- _' .=^yam i ' October 7, 2014 Broadwaters Rd, Cutchogue, • WESTERLY boundary adjoining Rehm property) LLJ �.. .� LU • '` :f1,16k•. 1►^F 'ski �' '+R�. _• �R v Picture , • NORTH) !nom* • Picture #3 (Facing SOUTHWEST) Picture • --,Wax 1-NOWMAI STEPHEN R ANGEL CARMELA M. DI TALIA ANTHONY C. PASCA THEODORE D. SKLAR NANCY SILVERMAN LISA J. ROSS PATRICIA M. CARROLL JASON S. SELMONT KEVIN A. MCGOWIN CHRISTINE P. SMITH MARCIA Z. HEFTER SENIOR COUNSEL WILLIAM P. MALONEY OF COUNSEL WILLIAM W. ESSEKS RETIRED ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW MAIN OFFICE 108 EAST MAIN STREET ee P.O. Box 279 IV� RIVERHEAD. NY 11901-0279 ( j) EAST HAMPTON OFFICE (BY APPOINTMENT ONLY) 34 PANTIGO ROAD OF Ap19ERLS.ST HAMPTON, NY 11937 1�' WWW.EHALAW.COM January 21, 2015 (631) 369-1700 FAX: (631) 369-2065 (NOT FOR SERVICE) Via Hand Delivery Town of Southold Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Re: Application of Theodore C. Martz, Jr. Premises: 555 Broadwaters Road, Cutchogue, New York SCTM No.: 1000-104-12-6.1 Dear Chairperson Weisman and Members of the Board: We represent Theodore C. Martz, Jr., the owner of the above premises, and we submit on his behalf an original and seven copies of the following variance application and supporting materials, together with a check in the amount of $1,000.00 payable to the Town of Southold: 1) Board of Appeals Application; 2) Town of Southold Building Department Notice of Disapproval; 3) Variance and Zoning Analysis; 4) Survey/site plan of entire lot; 5) Two independent surveys/site plans for each of the proposed lots; 6) Project Description & Questionnaire form with recent photographs; 7) Transactional disclosure forms; 8) Agricultural Data Statement; 9) Owner's Endorsement; and 10) Environmental Assessment Form 0 0 Because the subject application only concerns a request to reconfigure the lot line on the subject property — and does not seek any relief regarding the existing residences on the property — the applicant is not submitting building elevation plans with the subject application. Thank you for your attention to this application. RECEIVEDVery t9K30urs, Enclosures BOARD OF APPEALS #Antonvy. Pasca ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ----------------------------------------------------------------------X Application of THEODORE C. MARTZ, JR., For Area Variances For Property Located At: 555 Broadwaters Road, Cutchogue, SCTM 1000-104-12-6.1 ----------------------------------------------------------------------X RECEIVED pED A " 2 8'/,015 BOARD OF APPEALS VARIANCE AND ZONING ANALYSIS Submitted by: Anthony C. Pasca Kevin A. McGowin Esseks, Hefter & Angel, LLP Attorneys far Applicant 108 E. Main Street Riverhead, NY 11952 631-369-1700 RECEIVED � EAN `� 8 M1 INTRODUCTION BOARD OF APPEALS The purpose of this memorandum is to provide background information and to summarize and analyze the variance and zoning issues before the Zoning Board of Appeals in the application of Theodore C. Martz, Jr., for area variances to reconfigure the property line that divides his property at 555 Broadwaters Road, Cutchogue (SCTM 1000-104-12-6.1), to create two parcels with east -west division lines instead of north -south division lines. The variances are necessary, as set forth in the December 1, 2014 Notice of Disapproval, because the proposed lot configuration differs from that approved in a prior variance issued by this Board (Appeal #6344) dated December 2, 2010. As will be explained herein, the 2010 variance permitted the de -merger of the subject property into two lots with a north - south division line, and the applicant now merely seeks to reconfigure the division of the lots in a way that will enable him to retain the two legal pre-existing homes that are located thereon. The proposed reconfiguration of the division line is identical to the configuration that was approved by this Board pursuant to another prior variance in 1978. The "Background and Supporting Evidence" section of this memorandum will provide the Board with the facts relating to conditions of the property, the history of its development (including two prior variances granted by this Board), the surrounding neighborhood, and the particulars of its proposed redevelopment. The "Variance Analysis" section will then demonstrate, based on those facts, that the requested variances cannot rationally be denied, since they will (1) merely allow the applicant to maintain the historic use of the property with the two legal pre-existing homes in their current locations (and therefore will have no adverse effect on the character of the community); and (2) revert the property back to the same lot configuration that was previously approved by this Board and which will bring one of the two substandard lots into conformance with the zoning code. 1 • 0 RECEIVED nn nn �Qzo�i �K j,- N � 1 . BACKGROUND AND SUPPORTING EVIDENCE BOARD OF APPEALS The Subject Property The subject property was originally two lots — lots 189 and 190 of the "Amended Map A of Nassau Point," filed on June 28, 1922 as Map 156 in the Suffolk County Clerk's Office. (See Exhibit A). Those two original lots comprise the subject property, and total 71,038.19 square feet, or 1.63 acres, located on Broadwaters Road, approximately 80 feet east of the intersection of Broadwaters and Wunneweta Road. The combined property is roughly a 200 -foot by 350 -foot rectangle. It has 205.52 feet of frontage on Broadwaters Road. A survey of the property, last updated on November 6, 2014 is annexed hereto as Exhibit B. As depicted on the survey, the property is improved with two dwellings: a main house is located approximately 58 feet from the front lot line, and a smaller cottage is located further toward the rear of the property. The two dwellings unquestionably are lawful pre-existing structures. In 2007, the Building Inspector issued Pre -Existing Certificate of Occupancy No. Z-32256, dated 3/20/07, certifying the dwelling and cottage as existing prior to the April 9, 1957 enactment of the zoning code. (See Exhibit C). The two dwellings are served by public water, which is available for the entire area. Additionally, the applicant has upgraded the former septic systems on the property by installing new cesspools for both of the pre- existing homes, which were reviewed and approved by the Suffolk County Department of Health Services ("SCDHS") on December 12, 2013 as sufficient to accommodate six bedroom homes. A copy of the SCDHS approvals and the operation permits for the septic systems issued by the Town of Southold are annexed hereto as Exhibit D. Prior History 1978 Variance In 1978, when lots 189 and 190 were still legally separate tax parcels but had the two existing dwellings on them (one of which straddled the division line), the Zoning Board approved variances to allow a lot -line change that would re -subdivide the properties with an east -west division line, rather than a north -south division line, so as to create roughly square-shaped parcels, each with one house. There were actually two appeals taken at that time, one under Appeal No. 2400, application dated February 24, 1978, and decision dated April 14, 1978 (see Exhibit E), and the other under Appeal No. 2434, application dated June 9, 1978, and letter dated August 28, 1978 reaffirming the prior decision for a new applicant (see Exhibit F). 2 REC IVED iANI 2 R 2015 BOARD OF APPEALS Notably, the 1978 variances were granted under the old, and more stringent "practical difficulties/hardship" criteria that used to be applicable to area variance applications prior to the codification of Town Law § 267-b(3). The alleged hardship argued at the time was that the two houses could not be separately owned with the homes straddling the pre-existing lot lines. The variances thus allowed the re- subdivision of the property with the east -west division line because it allowed each home to be on a separate lot with separate ownership, instead of having two houses on one lot. Accordingly, the 1978 variance granted precisely the relief that the applicant is now proposing — the resubdivision of the lots with an east -west division line, rather than a north -south division line. This same rationale that the Board accepted in granting the 1978 variance applies equally to the current application, as the same two homes still exist on the property, with one home straddling the existing division line. The proposed reconfiguration of the division line would allow each of the pre-existing homes to be located on separate lots. Lot Merger In 1978, the two pre-existing parcels (lots 189 and 190) were conveyed to the Rev. Anthony Savatano, who continued to hold the parcels in common ownership thereafter. (See property record card, Exhibit G). Although potentially merged by operation of law, Rev. Savastano formally asked in 2006 that the parcels be recognized as one lot for tax purposes. (See Letter dated 12/12/06, Exhibit H). 2010 Variance The subject property was subsequently conveyed to the current owner, who filed a new variance application in 2009 (Appeal No. 6344) to de -merge the subject property. The application requested area variances to allow parcel 1 to have a lot area of 36,558 sq. ft. where 40,000 sq. ft. is required (i.e., a 91% conformance, or a 9% variance), and to allow parcel 2 to have a lot area of 34,480 sq. ft., where 40,000 sq. ft. is required (i.e., an 86% conformance, or a 14% variance). On December 2, 2010, the Zoning Board approved the current owner's application for a variance to re -subdivide the property along the north -south division line to create two lots, with the main house straddling the newly created lot line and the smaller cottage at the rear located within the western lot. As a condition of the grant, the Zoning Board required that "[a]11 existing structures are to be demolished and removed." A copy of the Zoning Board's decision is annexed hereto as Exhibit I. 3 RECEIVED I BOARD OF APPEALS The end result of the 2010 variance is that the subject property was restored to its pre -1978 condition, with two non -conforming lots occupied by two pre-existing homes, one of which straddles the division line. Current Proposal The owner of the subject property now seeks to revert to the lot configuration approved under the 1978 variance, such that the lots would have an east -west division line with two roughly square-shaped parcels, each with one house situated entirely within the lot lines. The proposal will bring one of the two lots into conformance with the required minimum lot size and enable the owner to retain the two pre-existing homes on the new independent lots. In other words, the proposal is simply a "paper" variance, which is necessary to reconfigure the division line but will not result in any change in the historical use of the property, which is occupied by two legally pre-existing homes. There is also significant precedent for the proposed relief in the form of two variances issued by the Board: the 1978 variance granting the identical relief currently being requested, and the 2010 variance granting a demerger of the property to create lots of similar size to those currently being proposed. The proposed reconfiguration will create a front lot with an area of 30,940.44 sq. ft. (i.e., a 77% conformance or a 23% variance) and a rear lot with an area of 40,097.75 sq. ft., as compared to the existing lots that have areas of 36,558 sq. ft. and 34,480 sq. ft., respectively. The proposal will therefore bring the rear lot into conformance with the minimum lot size of 40,000 sq. ft., and will actually make the property more conforming with the zoning code than the subdivision granted in the 2010 variance. However, area variance relief is required because the proposal will reduce the minimum lot size of the smaller of the two existing lots from 34,480 sq. ft. to 30,940.44 sq. ft. As explained below, this reduction in the minimum lot size will not result in any adverse impacts, and the size of the smaller lot will still be consistent with the typical size of lots in the surrounding community. While the proposed rear lot will have a complying lot depth of approximately 200 feet, the proposed front lot will have a lot depth ranging from approximately 141 feet to 162 feet, and will therefore need a variance from the minimum required lot depth of 175 feet. Notably, both of the proposed lots will have complying lot widths of approximately 200 feet, whereas the existing lots, with a north -south division line, have lot widths of approximately 100 feet each and are thus non- complying with respect to the minimum required lot width of 150 feet. Accordingly, the proposed reconfiguration of the division line will replace the two significant lot width non -conformances with one much less substantial lot depth non-conformance. 0 RECEIVED BOARD OF APPEALS Additionally, as the subject property is already improved with two pre- existing homes — one of which straddles the existing north -south division line — the reconfiguration of the division line will allow each home to be located on separate lots. Access to the lots will be through a common driveway located at the eastern boundary along Broadwaters Road, and the rear lot will be benefited by a 25 -foot wide right-of-way along the eastern boundary of the front lot for purposes of access. Thus, the proposal does not seek to create lots with a substandard area, it merely seeks to rearrange the existing substandard lots that were granted pursuant to the 2010 variance, in order to: (1) revert to the configuration granted by the 1978 variance; (2) bring one of the lots into conformance with the zoning code; and (3) avoid the need to demolish the legal pre-existing homes on the property, which have existed in their current location since prior to 1957. Additionally, the applicant proposes to add an approximately 250 sq. ft. second floor addition to the existing one-story cottage at the rear of the property. The existing cottage has a habitable floor area of approximately 744 sq. ft., which is less than the minimum required habitable floor area of 850 sq. ft. for a single-family residence under the zoning code. The sole purpose of the proposed second floor addition, which will be constructed on top of the existing cottage's footprint and therefore will not increase the coverage of the cottage, is to bring the cottage into compliance with the minimum habitable floor area requirements. The applicant is also requesting setback relief to allow the existing homes to remain in their current locations on the proposed lot. Specifically, the home on the rear lot will have a front yard setback of 36.5 feet (a minimum front yard setback of 50 -feet is required), and the home on the front lot will have a rear yard setback of 49.9 feet (a minimum rear yard setback of 50 feet is required). The setback relief is solely necessary on account of the reconfiguration of the division line, and will merely allow the applicant to maintain the historic use of the property with the homes in their existing locations. And with regard to the home on the front lot, the requested setback relief of 0.1 feet is truly de minimis. Finally, the applicant requests relief to allow access for the rear lot to be taken via a 25 -foot wide right-of-way along the eastern boundary of the front lot. This variance is only necessary because the rear lot will not have frontage directly on Broadwaters Road, but will instead gain access to the road by means of the proposed right-of-way. The proposed frontage variance is identical to what was approved by the ZBA in the 1978 variance, and will allow access to the property to continue to be taken in the same manner as it has been for many years. 5 RECEIVED !AN 2 8 2015 BOARD OF APPEALS VARIANCE ANALYSIS A. Factors Supporting the Requested Area Variances There are numerous factors in this case supporting the requested area variances. The following will address those factors in light of the five -factor statutory "balancing test" set forth in Town Law § 267-b(3)(b), which requires the Board to "take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant," with particular consideration of the following five criteria: 1. Character of the Neighborhood The first and perhaps most critical factor to be considered by the Board is "whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance." See Town Law § 267-b(3)(b)(1). Typically, this factor requires the Board to view the prevailing characteristics of the neighborhood to determine the similarity or dissimilarity of the proposed development as compared to the existing community. Where a community is already developed in a manner that would be nonconforming to the dimensional requirements, and the requested variances would ultimately allow another property to be developed in that manner, then the variance can rarely said to produce an "undesirable change" in the character of the community. In other words, if the proposed development would be consistent with the existing character of the community, this factor weighs heavily in favor of the granting of a variance. Numerous judicial authorities support these propositions. See, for example, Defreestville Area Neighborhood Assn., Inc. v. Planning Ed. of Town ofN. Greenbush, 16 A.D.3d 715, 724 (3d Dep't 2005) (area variance upheld to allow apartment complex where it was consistent with existing character of the mixed commercial, multifamily, and residential developments of the neighborhood); Gonzalez v. ZEA of Town ofPutnam Valley, 3 A.D.3d 496 (2d Dep't 2004) (where there were several substandard properties in immediate area, denial of variance was arbitrary); Gomez v. ZBA of Town oflslip, 293 A.D.2d 610 (2d Dep't 2002) (annulling condition of variance because most of homes in area were of similar sized lots and bulk); Wantagh Woods Neighborhood Association v. Board ofZoning Appeals of the Town ofHempstead, 208 A.D.2d 935 (2d Dep't 1994) (where most properties in the neighborhood failed to conform to the zoning code, the proposed M RECfIVED g BOARD OF APPEALS development was found not to have an adverse effect on the character of the community); Niceforo v. ZoningBd. ofAppeals of Town ofHuntington, 147 A.D.2d 483 (2d Dep't 1989) (where two thirds of properties were already nonconforming, variances would not have detrimental effect on community); Cassano v. Zoning Board ofAppeals of the Incorporated Village ofBayville, 263 A.D.2d 506 (2d Dep't 1999) (where many other homes in neighborhood failed to meet setbacks, denial of variance was arbitrary); Filangeri v. Foster, 257 A.D.2d 895 (3d Dep't 1999); Witzle v. ZoningBd. ofAppeals of Town ofBerne, 256 A.D.2d 775 (3d Dep't 1998). In fact, in the context of variances to allow a subdivision of property into substandard lots, the Suffolk County Supreme Court has explained that: Consistency with the neighborhood is the singularly most significant factor in subdivision cases, and that the effect of a requested variance in the neighborhood in which the property is located unquestionably is the paramount consideration in addressing the appropriateness of relief ... if an applicant is seeking variances to conform to that which is prevalent in the neighborhood, absent other overriding considerations, a denial of relief is likely to be found arbitrary. Deon v. Town ofBrookhaven, 12 Misc. 3d 1196A, 824 N.Y.S.2d 768 (Sup. Ct., Suffolk County 2006) In this case, the applicant is not proposing to subdivide the property to create substandard lots, but merely seeks to reconfigure the previously demerged lots. Furthermore, the proposed reconfiguration of the lot division will actually convert one of the existing non -conforming lots (the rear lot) into a 40,097.75 sq. ft. lot that conforms to the minimum R-40 lot size of 40,000 sq. ft. While the lot area of the other parcel (the front lot) will be further reduced to 30,940.44 sq. ft., it will still conform to the character of the neighborhood because the surrounding area consists primarily of substandard- sized parcels, the majority of which are even smaller than the proposed front lot. The extensive data compiled by the applicant confirms that the reconfiguration of the subject property will undoubtedly conform to the character of the community. Specifically, as part of the 2010 variance application, the applicant surveyed 135 interior parcels in the immediate area (as shown on the highlighted tax map, annexed hereto as Exhibit J) to ascertain the prevailing characteristics of 7 • • RECEIVED (J,/ P` ' 8�4!;' i �f BOARD OF APPEALS the neighborhood.' The raw data compiled from the survey, which has not changed since the December 2, 2010 issuance of the 2010 variance, is depicted in tables in Exhibit K. An analysis of the data confirms the following salient and objectively measurable facts about the 99 -acre study area: Neigbborbood Analysis Study Area: Average size of Lot: 99.18 acres, 135 Lots .73 acres Nonconforming Lots= 117 lots or 87% of study area (<40,000 sf or .918 acres) Applicant's Proposed Lots: Lot 1 (Front Lot) Lot 2 (Rear Lot) 0.71 acres Larger than 82 of 135 lots 618' percentile in terms of size 97% the size of average lot 0.92 acres Conforms with minimum lot size This analysis confirms that even the proposed front parcel, which will be reduced in size to 30,940.44 sq. ft., will be larger than the majority of lots in the 99 - acre study area. Given that this smaller lot will conform with the character of the surrounding neighborhood, while the proposal will create a rear lot that meets the 40,000 sq. ft. minimum lot size for the R-40 district, the proposal actually represents an improvement with regard to the character of the neighborhood as compared to what currently exists on the site. Because the applicant proposes to retain the existing cottage as an independent residence on the rear lot of the subject property, an area variance is also required for the non -conforming front yard setback of 36.5 feet (a minimum of 50 feet is required) for the rear lot, and a de minimis variance to permit the non - The survey does not include waterfront parcels, which are admittedly somewhat larger than the interior parcels, because they are not readily comparable to interior parcels on a strict "size" basis, due to the limitations on their developable areas from the existence of wetlands and increased waterfront setbacks. The survey is therefore limited to non -waterfront parcels. RECEIVED BOARD OF APPEALS conforming rear yard setback of 49.9 feet (a minimum of 50 feet is required) for the front lot. Since the rear lot will not have direct frontage on Broadwaters Road, but will instead be accessed via a proposed 25 -foot wide right-of-way along the eastern boundary of the front lot, a frontage variance is also required. These non -conformances will not have any impact on the surrounding neighborhood character, as they merely represent the status quo that has existed on the site since prior to the enactment of the Zoning Code on April 9, 1957. Accordingly, the proposed reconfiguration of the lot division will have absolutely no impact on the surrounding neighborhood character, as it will not result in any physical change in the use or appearance of the subject property. Moreover, the proposed variances will simply allow the applicant to retain the pre-existing homes on the subject property, which the 2010 variance required the applicant to demolish and remove, presumably because the principal residence straddles the current division line. These homes pre -date the Zoning Code and were granted a pre-existing certificate of occupancy in 2007, and the requested reconfiguration will result in the homes being located entirely within the boundaries of the proposed lots, such that they can remain in their historic location. Finally, the applicant has undertaken certain mitigation measures to ensure that the proposal will not have any adverse impacts on the surrounding community. The applicant has already upgraded the outdated septic systems on the subject property by installing new cesspools for each of the homes, which SCDHS approved on December 12, 2013 as being sufficient to accommodate six bedroom homes. Additionally, as reflected on the survey, the applicant proposes to provide a 30 -foot wide natural vegetated buffer along the entire southern boundary of the rear lot, and a 20 -foot wide natural vegetated buffer along 200 feet of the eastern boundary of the rear lot. The applicant is also amenable to recording a covenant creating a common driveway along the eastern boundary of the two lots, ensuring that access to both lots will be taken from a single curb cut. This will result in one less curb cut and driveway on Broadwaters Road as compared to the lot configuration approved by this Board pursuant to the 2010 variance. 2. Availability ofAlternatives The next factor requires the Board to consider "whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance." See Town Law § 267-b(3)(b)(2). 6 RECEIVED M 2 8 1015 The benefit to be achieved by the applicant is the ability to retain the existing homes on two independent lots. There is no alternative available to the applicant that will achieve this purpose, as the sole condition in the 2010 variance requires that both homes be demolished and removed from the property. In fact, during the course of the 2010 variance application, the proposed east -west division of the property was presented to the Board as an alternative to the north -south division. The 2010 variance decision specifically notes that: During the hearing the applicant was asked to bring the plan into more conformity with the code. The applicant on September 21, 2010 submitted a plan noting a subdivision line running west/east through the subject parcel. It shows one dwelling on each lot and the rear lot with conforming area. This configuration is the original proposal granted by the ZBA in 1978. While the Board nonetheless found that the applicant had presented compelling evidence to grant the proposed north -south division of the property in the 2010 variance, the Board's decision for the 2010 variance reflects that it considered the current proposal for an east -west division to constitute a more compliant alternative to the north -south division that was ultimately approved. 3. Substantiality of Variances The third factor requires the Board to consider "whether the requested area variance is substantial." See Town Law § 267-b(3)(b)(3). The requested variances here are not substantial, either in the abstract or in context. Mathematically, the request to reconfigure the two nonconforming lots into one conforming lot of 40,097.75 sq. ft. and one nonconforming lot of 30,940.44 sq. ft., where 40,000 square feet is otherwise required, translates to a 23% variance for the smaller lot. This variance, when taken in context, becomes even less substantial. The vast majority of the parcels in the study area are also nonconforming, and the average size lot of the 135 lots studied is .73 acres, thus translating to an average nonconformity of 20% (stated conversely, the average parcel is only 80% the size of a conforming parcel). The applicant's proposal actually brings one substandard lot into conformance while increasing the degree of nonconformity for the smaller parcel from 14% (34,480 sq. ft.) to 23% (30,940.44 sq. ft.). The smaller lot will nonetheless be similar to the 20% average non -conformity for lots in the 99 -acre 10 RECEIV ;A x!01` study area, and will in fact be larger than 61% of said J3(yARf),&Fat52 of the 135 lots in the study area). Experts and courts both agree that the substantiality of a variance must be viewed in context, rather than through simple mathematical comparisons. As one commentator notes, "common sense must prevail and the percentage deviation from the legislated bulk requirements should not be considered in the void." Rice, Practice Commentaries, Village Law § 7-712-b. Rather, "the effect of the magnitude of a requested variance must be considered in the context of all the relevant statutory criteria, the requirement in the zoning law, the nature of the area and the effect which the variance may have on adjoining properties." Id. As another commentator notes, this factor "is not achieved by using a simple mathematical formula," but must be viewed in the context of the surroundings and circumstances of the individual case. Salkin, New York Zoning Law and Practice, §2937, pp. 29- 57 to 29-58 (4th ed. 2000). Several cases illustrate the requirement that the magnitude of the variance must be considered in context, and these cases further confirm that where most of the other properties in the area are nonconforming, a variance that would otherwise seem substantial in the abstract is in fact de minimis in context. See, for example, Riklis v. Board of ZoningAppeals of Town ofHempstead, 243 A.D.2d 482 (2d Dep't 1997) (where setback variance of 40% was still be more than the average setback in the neighborhood, the court found that the variance was not substantial in that context); Niceforo v. ZBA of Town ofHuntington, 147 A.D.2d 483 (2d Dep't 1989) (variance from the lot width requirement is not substantial where two-thirds of the community failed to meet the requirement); Witzle v. ZoningBd. ofAppeals of Town ofBerne, 256 A.D.2d 775 (3d Dep't 1998) (variance was allowed where numerous lots in the surrounding area were nonconforming). Thus, while the lot area variance is not even substantial in the abstract, it is even more insubstantial in the context of the prevailing development patterns in the area. As to the setback variances, the applicant requests a clearly de minimis rear yard setback variance of 0.1 feet for the existing home on the front lot, to permit a rear yard setback of 49.9 feet, which translates to a non -conformity of just 0.2%. The applicant also seeks a front yard setback variance of 13.5 feet for the existing home on the rear lot, to allow a front yard setback of 36.5 feet (a 27% non- conformity). This variance is not substantial given the fact that it is only necessary on account of the location of the pre-existing homes on the property. The separation between the existing main house and the existing cottage to the rear is 11 RECE VED Log JPv 8 20i BOARD OF APPEALS approximately 85.5 feet, which renders it impossible to divide the lots in a way that would satisfy both the required rear yard setback for the main house (50 feet) and the front yard setback for the cottage (50 feet). Finally, the proposed frontage variance for the rear lot is not substantial given the fact that a 25 -foot right of way will be provided along the eastern boundary of the front lot for purposes of ingress and egress. Therefore, for all intents and purposes, the rear lot will have the necessary 15 feet of frontage on Broadwaters Road as required by Town Law § 280-a(5), it will just be in the form of a right-of-way over the front lot rather than fee simple ownership. 4. Impacts on Physical or Environment Conditions The fourth factor requires the Board to consider "whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district." See Village Law § 7-712-b(3)(b)(4). We do not believe there is any evidence or suggestion that the area variances will have any adverse physical or environmental effects on the neighborhood. There are already two dwellings on the property and two septic systems on the property, and the result of the division will be the same. In fact, the applicant seeks to retain the existing homes, such that there will be no change to — and therefore no impact on — the physical or environmental conditions in the surrounding area. Moreover, unlike in 1978 (when the original variances were granted), the then -existing concerns about the potability of groundwater (and salt -water intrusion) in the area have been all but eliminated by the fact that the existing homes are connected to public water. Additionally, as discussed above, the applicant has upgraded the outdated septic system on the property by installing new cesspools for each of the homes, and is proposing to provide a significant undisturbed buffer area along the southern and eastern boundaries of the rear lot. These measures will help ensure that there will be no negative impact on the physical or environmental conditions of the surrounding area. 5. Whether Difficulty Was 'Self -Created" The Board may also consider (but may not deny a variance exclusively on) the final factor as to "whether the alleged difficulty was self-created." See Town Law § 267-b(3)(b)(5). On one hand, the difficulty here is arguably self-created only because the property was acquired after the relevant dimensional requirements were established. On the other hand, because the proposal merely seeks to revert to 12 •' 4kECEIVED AN$05 BOARD OF APPEALS the 1978 variance, and because the difficulty is created by the location of the existing homes that were constructed prior to the adoption of the Zoning Code, the "difficulty" here is really created by the subsequent imposition of the zoning regulations. In any event, the Town Law makes it clear that this factor "shall not necessarily preclude the granting of the area variance." In sum, we believe the various factors to be considered by the Board weigh heavily in favor of a grant of the requested variances. The benefit to the applicant clearly outweighs the detriment, if any, to the community, that would result if those variances are granted. To the contrary, the character of the community would be enhanced by the property becoming more conforming (with respect to lot size and dwelling density) than the status quo. Conclusion We respectfully urge the Board to grant the requested relief. Respectfully submitted, Anthony C. Pasca Esseks, Hefter & Angel, LLP Attorneys for Applicant Theodore C. Martz, Jr. 108 E. Main Street Riverhead, NY 11952 631-369-1700 13 • go RECE VE >015 BOARD OF APPEALS ExW6it A u z 0 0 m n u Ell AMENDED MAP A OF SAS*A3X; Villip(a OMTILD �Y NASSAU POINT CLUB PROPERTIES, INC, 4ITN IN 'Town or sourNOL8 LDNd 13u 0. N. Y. AfL �•�► y 0 F I F � W O m m "n cz��rnn D r L� 0 • -- 09 ExW64 e 00 S.C. T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 12 LOT(S):6.1 • CQj Nn/s BR�yADIVA .. _ . . ► TEAS ( ') ' ON. w.1r. NIT/Sem,, I � MOON. N. 81.07'30" rnO' n .1 205.52' TP I �+ V 30,940.44 S.F. 0.71 A RES I rn 1 1 Ln a, I � lo, R1 EMSTING CLURwC C4 w 1 8000 STEPS Pam ly 4 ( rn 54.7' \1•\• a yX ( .r EIEC. 7 .5' ,o o U.P. 22.5' COWS �W 0 25.3' PS11jdp at 2a. 0 R.9 W 01 I PROPOSED of I� SHED LOCATION r--- d d0 1 \IMgE 5 ' a � EVERGREE Tt�10ei \ S88'481 g '#!R 77 2.0' PROPOSED EXI NG CRUSHED STONE ORNEWA1�01'�9 I0.6 / LINE OF DIVISION :- `o pNO-A�--_— -- -- e2 r Or— . eF ERe7M�IN0 TERPROPOSE n'PORCH 00YE / 46.9' / 33.5'IYi 17 PROPOSED 2ND rLR. ( / yT• 2+, ADMION. (230 Sr. rr,) / CQ Lr. / Lor 191 40,097.75 S.F. or 0.92 ACRES N / LOT 188 6 R N 0 I v / c Lor 189 LOT 190 / 6" i0Ie !� N,3 / N W 2�0 @9 Z 0 I en / 180.23- / PROPOSED/ ,01 NATURAL AND ONDISTUR ED AREA / PROPOSED LOT LINE CHANGE WITH APPROVAL OF -ACCESS 200.00' MON. AS PREVIOUSLY APPROVED ST THE TOWN OF SOUTHOLD BOARD OF ZONING APPEALS ON MARCH 23, 1978 AS APPEAL 12400. LOT 202 REVISED NOV. 6, 2014 NEW CESSPOOLS INSTALLED UNDER REVISED SEPT. 5, 2014 SCDHS/ RIO -08-0023 & OPERATIONS PERMITS THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL UPDATE dr REVISE SURVEY 03-28-14 ISSUED BY TOWN OF SOUTHOLD 14151 R & 4152R REVISED 09 -23 -to ON DEC. 27, 2013 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS REVISED 09-20-10 AND OR DATA OBTAINED FROM OTHERS. AREA: 71,038.19 SQ.FT. or 1.63 ACRES t ELEVATION DATUM: ------------------------- 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 SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOTS 189 & 190 INCL. CERTIFIED TO: THEODORE C. MARTZ JR.; MAP OF: AMENDED MAP A" OF NASSAU CLUB POINT PROPERTIES IN,-. ABSOLUTE ABSTRACT INC.; FILED: JUNE 28, 1922 No. 156 FIDELITY NATIONAL TITLE INSURANCE CO.; SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design /i P.O. Box 153 Aquebogue, New York 11931 FILE #27-36- 14SCALE: 1 "=40' DATE: APRIL 30, 2007 PHONE (831)298-1588 FAX (831) 298-1588 N. Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Noychuk 00 Exhibit C 00 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32256 RECEIVED IV 1AN 2 8 _(M BOARD OF APPEALS Date: 03 20 07 THIS CERTIFIES that the building DWELLING Location of Property 375 BROADWATERS RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 104 Block 0012 Lot 006.001 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z_ 32256 dated MARCH 20, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY COTTAGE* The certificate is issued to ANTHONY SAVASTANO of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. r �Ahc!rizecdl Signature Rev. 1/81 TOWN OF SOUTHOLD r 0 0 HOUSING CODE INSPECTION REPORT LOCATION: 375 BROADWATERS RD CUTCHOGUE SUBDIVISION; MAP NO.: LOT (S) 12ECEIV NAME OF OWNER (S): ANTHONY SAVASTANO FD OCCUPANCY: SINGLE FAMILY DWELLING ANTHONY SAVASTANO JAN ADMITTED BY: JASON SCOTT ACCOMPANIED BY: KIRK SEUBERT BOARD OF APPEALS KEY AVAILABLE: SUFF. CO. TAX MAP NO.: 104.-12-6.1 SOURCE OF REQUEST: ANTHONY SAVASTANO - 3/15/07 DATE: 03/20/07 DWELLING: TYPE OF CONSTRUCTION: WOOD FRAME # STORIES: 1.0 # EXITS: 4 FOUNDATION: CEMENT BLOCK CELLAR: PART CRAWL SPACE: PART TOTAL ROOMS: IST FLR.: 6 2ND FLR.: 0 3RD FLR.: 0 BATHROOM(S): 1.0 TOILET ROOM (S) 0.0 UTILITY ROOM (S) PORCH TYPE DECK TYPE: PATIO TYPE: 2-CONCRETE&SLATE&CONCRETE BREEZEWAY: FIREPLACE: DOMESTIC HOTWATER: YES TYPE BEATER: OIL-H.WATER AIRCONDITIONING: TYPE BEAT: OIL WARM AIR: BOTWATER: YES OTHER: *SEPARATE HOT WATER HEATER. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST.: STORAGE, TYPE CONST.: SWIMMING POOL: GUEST, TYPE CONST.: WOOD FRAME ONE BEDROOM* OTHER: *COTTAGE ON SLAB -KITCHEN BATH, LIVING ROOM FIREPLACE, ROOFED OVER PORCH VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE INSPECTED BY: GEORGE GII.I F�7 DATE ON INSPECTION: 03/i9/07 TIME START: END: S 00 EAM D 09 Oiler at i on Per rri t Nb Fee $ 10.00 %rre Cf Omer Nl3i I i ng Address 1 Nbi I i ng Address 2 City St Zip Property Address 1 Property Address 2 at St Zip CAner Tel ephone Iib Tax Nip Iib Cross St r eet OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 0 Town Hall, 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 Nvww.southoldt6, nny.gov p q RECEIVE[ .IAN 18 `1.015 SC TI -1 LD VASTEMTER a SPC6AL PERM T CPEPATI CN PERM T BOARD OF APPEALS SEPTI C TANG or CESSPC CL 4152- R Pesi dent i al X %n- Desi dent i al %W X Exi st i ng sect i on I ssue Cat e: 12/27/13 TFECDCF;E C NARTZ J R ------------------------------ 145 RYERSCN AVENLE ------------------------------ MaNCRVI LLE W 11949- 0000 -------------------- -- ---------- 555 BRONWTERS ROAD ------------------------------ CLJrC HCQ.E W 11935-0000 -------------------- ------------ 631-878-8443 10.40 block 120 1 of 6.001 V + V'EfA P404D - - - - - - ------------------------------ Ef i zabet h A favi I I e Sout hol 6 Tom a er k off0o,. ELIZABETH A. NEVILLE, NINIC TOWN CLERK y� REGISTRAR OF 171TAL STATISTICS MARRIAGE OFFICER c V%-o� • RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Oiler at i on Per rri t Nb Fee $ 10.00 %rre Cf Omer Nl3i I i ng Address 1 Nbi I i ng Address 2 City St Zip Property Address 1 Property Address 2 at St Zip CAner Tel ephone Iib Tax Nip Iib Cross St r eet OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 0 Town Hall, 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 Nvww.southoldt6, nny.gov p q RECEIVE[ .IAN 18 `1.015 SC TI -1 LD VASTEMTER a SPC6AL PERM T CPEPATI CN PERM T BOARD OF APPEALS SEPTI C TANG or CESSPC CL 4152- R Pesi dent i al X %n- Desi dent i al %W X Exi st i ng sect i on I ssue Cat e: 12/27/13 TFECDCF;E C NARTZ J R ------------------------------ 145 RYERSCN AVENLE ------------------------------ MaNCRVI LLE W 11949- 0000 -------------------- -- ---------- 555 BRONWTERS ROAD ------------------------------ CLJrC HCQ.E W 11935-0000 -------------------- ------------ 631-878-8443 10.40 block 120 1 of 6.001 V + V'EfA P404D - - - - - - ------------------------------ Ef i zabet h A favi I I e Sout hol 6 Tom a er k Issue Date: 12/27113 ------ `f es ------------- B i zabet h A %vi I l e Sout hoi d Town a er k ( TOM SEAL) ELIZABETH A. NEVILLE, MMC Z+®l/ Town Hall. 53095 1-v1ain Road TOWN CLERK o P.O. Bog 1179 y 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p . . MARRIAGE OFFICER '% Fax (631) 765-6145 p! RECORDS 0.(p Telephone (631) 765-1800 AU AGEMENT OFFICER `�� FREEDOM OF INFORMATION OFFICER wv,- v.southoldtownny.gov OFFICE OF THE TOWNLE C I�'K RECEIVED TOWN OF SOUTHOLD JAN SQ3fHCLD VMTEVIATER D SPC64L PERM T BOARD OF APPEAL CPERATI CN PBW T SEPTI C TAW or CESSPCCL Oiler at i on Per M t No. 4151- R %si dent i al X Wn- Pesi dent i al Fee $ 10.00 %W X Exi st i ng Name CF Omer TFECOCFE C MVU7, J R ------------------------------ Nbi l i ng Address 1 145 RYERSC N AVE14-E ------------------------------ Nbi l i ng Address 2 a t y St Zip lv*KRA LLE NY 11949- 0000 --------- ------------ -------------------- Property Address 1 555 BRONNIATEFS RAD Property ------------------------------ Pr oper t y Addr ess 2 ------------------------------ C) t y St Zi p C UTCI-EQE NY 11935- 0000 -------------------- ------------ Oruier Tel ephone lib. 631-878-8443 8443 ------------ Tax Nbp N9. sect i on 104.00 block 120 i of 6.001 ------ --- ------ Cr oss St r eet VCNNE fE7A ROAD Issue Date: 12/27113 ------ `f es ------------- B i zabet h A %vi I l e Sout hoi d Town a er k ( TOM SEAL) S.C.T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 12 LOT(S):6.1 #R 10-08-0023 03 „--� w� OBS C I S r 150 ATTR CU, NY1/5 CL z&89 �;A i ER` �- S � 80'Nri/5� (50') N. ' 1ZO� NYT/6 a a,•� 1�0 MgP W.M. ies \ \ ' \ el. LOT 188 ELEV, 39.4 DR BROWN iANDY LOAM 1. BROWN SILTY SANG 3.5 PALE BROWN FINE TO MEDIUM SAND NO WATER 1 17' 12-22-07 0 0 CQ C7 W 1-i 07 30" g '. �S1 O O O N 1 m N Pq c7 m c7 /5`17 INGSW/.'gUQLI�WATER DWt 0z Y a; 0 .; C_ r P�� wiz IT) ! { CJ 1 �m LOT 188 ELEV, 39.4 DR BROWN iANDY LOAM 1. BROWN SILTY SANG 3.5 PALE BROWN FINE TO MEDIUM SAND NO WATER 1 17' 12-22-07 0 0 CQ C7 W 1-i 07 30" g '. 54.7' U.P. 46.9' `J EL MON. iR EL 3 . REcut,ur cuRI,E T/E LINE 205.52, ;N 0 h $000 stErs 14. sn fFt. iy55 79.5' N68.48'10 O N LOT 190 DWELLINGS 200.00' W/PUBLIC WATER -�-- 150' DWELLINGS W/PUBLIC WATER 150' —�•- LOT 191 O �S1 O O O N 1 m N c7 m c7 54.7' U.P. 46.9' `J EL MON. iR EL 3 . REcut,ur cuRI,E T/E LINE 205.52, ;N 0 h $000 stErs 14. sn fFt. iy55 79.5' N68.48'10 O N LOT 190 DWELLINGS 200.00' W/PUBLIC WATER -�-- 150' DWELLINGS W/PUBLIC WATER 150' —�•- LOT 191 O O O O N O N c7 c7 MON Fh. CdCTPt,. .y LOT 202 ADD NEW SANITARY LOCATION I1-15-13 REVISED SANITARY 08-27-13 REVISED 06-22-13 THE WATER SUPPLY, WELLS, RYWLLS AND CESSPOQ4'; REVISED 09-23-10 LOCATIONS SHOWN ARE FRO FIELD -"OBSERVATIONS REVISED 09-20-10 AND OR DATA OBTAINED FROM OTHERS. AREA: 71,038.19 SQ.FT. or 1.63 ACRES t ELEVATION DATUM: ASSUMED ______________ 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 SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOTS 189 & 190 INCL. CERTIFIED TO: THEODORE C. MARTZ JR.; MAP OF: AMENDED MAP 'A" OF NASSAU CLUB POINT PROPERTIES IN.. ABSOLUTE ABSTRACT INC.; FLED: JUNE 28, 1922 No. 156 FIDELITY NATIONAL TITLE INSURANCE CO.; SITUAicD AT: CUTCHOGLIE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK`, Professional Land Surveying and Design P.O. Boz 153 Aquebogue, New York 11931 FILE #27-36 SCALE: I"=40' DATE: APRIL 30, 2007 PHONE (831)298-1588 FAX (831) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. Woychuk EtMMiI E TOWN OF BOUTROLD, MW TORR DATZ March_23, 1978 AMON OF TBS ZOXWG BOARD OF APPRAIS Appeal No. 2400 Dated February 24, 1978 ACTION OF T= ZONM BOARD OF APPEALS OF TSS TOWN OF SOUMOLD To Victor Teich c/o Burt G. Lewis Appellant Main Road Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on March 23, 1979 the appeal was considered and the action indicated below was taken on your �gq� (X) Requestfor variance due to Is& of areas to property ( , Request for a special omeptfon under the Zoning Ordinance P RECEIVED (X Request for a vsrianm to the Zoning Ordhmwi 1. seri *AL E aMMON. By resolution of the Board it was determined that a apg" ) granted ( ) be denied pursuant to Article__ Section --- - ___... subsection ................... �pJarra EAL »...» ».. of the zoning Ordinance and the decision of Ste Building Inspector ( ) be reversed ( ) b# confirmed became 9:00 P.M. (R.S.T.) upon application of Victor Teich c/o Burt G. Lewis, Main Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100.31 and Bulk Schedule, and the Town Law, Section 280A for permission to change lot lines and approval of access. Location of property: South side Broadwaters Road, Cutchogue, New York; Lots #189 and 190, Amended Map "A" of Nassau Point Properties, Filed Map 0156. 2. VARIANCE. By resolution of the Board K was determined that (a) strict application of the Otdioanes (would) (would not) produce practical aiffimi tles or nnneemary hardship because SEE REVERSE (b) The hardship auded (fs) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vidnity of this property and in the same use district because SEE REVERSE (e) The . variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the distrkt because SEE REVERSE .wa therefore, it was furdar determined that the requested variance ( ) be granted ( ))beer Fd�e/niedd and that the previous decisions of the Building Inspector ( ) be woUrmed ( ) be reversed. f rpR V Y &M SEE REVERSE ZONING BOARD OF FORK ZB4 After.investigation and inspection, the Board finds that the applicant requests permission to change lot lines and approval of access, south side Broadwaters Road, Cutchoque, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The houses were originally sited on property lines and granting this application will in ng way change the existing situation. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Victor Teich c/o Burt G. Lewis, Main Road, Cutchogue, New York, be GRANTED permission to change lot lines and approval of access, south side Broadwaters Road, Cutchogue, New York, Lots #189 and 190, Amended Map "A" of Nassau Point Properties, Piled Map #156, as applied for. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis; Doyen, Maimone. P.ELEM D AN .=EZU BY M. SOMIJO i3 ToWil. CI. IK DAT* i-/�/"7? HOUR ! 1:..5A•i11 R� t . irk, Tawn of Southold 0 • TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. c2'y oD DATE .21241.78.......... TO THE ONIN&BQ^Rg -APPEALS, TOWN OF SOUTHOLD, N. If. 1; (we) AQ9&..yj. +4=..»�llf. eS'�A:......................of ... juU.-A i d.... ............ ............. Name of Appellant Street and Number . ........... .fit! »..»................................ .... Nt t ........ »... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ... »............................... DATED ...........................................»»»..». WHEREBY THE BUILDING INSPECTOR DENIED TO '' RECEIVED &tart G. Levis ............ JAN Name of Applicant for permit Of _ Main Rd., Cilciioue� N.!. 11935 »»S't'reet and Number . •Municipality »..».'�i4�t7..pF AP (x) PERMIT TO USE PEALS ( ) PERMIT FOR OCCUPANCY 1.` LOCATION OFTHE PROPERTY AM1AKinMAi 4e..:.. - . -Streer Use District on Zoning Map 156 189-190 Map�No..»........_ .......»»...........Lot No. .............. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordnance.) Art3 100-31 Hulk -Park = Se;bednlo & approval of acmata 3. TYPE OF APPEAL Appeal is mock herewith for (z) A VARIANCE to the Zoning Ordinance or Zoning Map (x) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas mode in Appeal No. ... _ ...........................Dated ....... _............................................................. REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that Bran zat (Continue on other side) REASON FOR *© 0 0 u:ontirtued I. STRICT APPLICATION OF THE ORDINANCE would Produce practical difficulties or a nneew sory HARDSHIP because there are 2 houses an the property as per accot-palging surveys. The way the lots are plauied now the laver hews is built on a lot line. If this pessfit ,is granted, each haus ti►vuld be sn a separate lot, and Gies could.; be • sold without the other. RECEIVED �qq BOARD OF APPEALS 2 The hardship created is UNIQUE and Is not shared by all properties alike in the imtredkte vicinity of this property and In this use district becouse the houses t+etplaced thru rror, .ap :t, site and' it�weuld..bp,very costly to saw these, e so that one edta be sold iritheist' the' other. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE THE ifap E J� Ae saw! U it T.l1e to 6++a+uS party STATE OF NEW YORK y y COUNTYOF %s..........I..................... ... nl ............................. ie%Skinatu Sworn to this ................................ �.. day of ...... .r!�.'.".'. �/...................... 19 74" Notary Public F. Loco= -4C.:C. &ato of now Tett no. "S QUA in Salk. �� E nq �imuL a LIC • RECEIVED !AN $q y APPEALS BOARD OF APP �v _.-� T =st:. :.. • . 4 t' All _ a 2 0 BF►rercEi�� f. ',� �' r z t �' ' r� J• i �: r• k:•z�'b r' -.. :iii - O ^1 1 1 _ - i�r • • 4= TOWN Or SOUTROLD, NEW YORK DATZ July_19, 1978 ACTT K Or TBE ZONING EOAND OF ArPRAU Appeal no. 2434 Deted June 9, 1978 AMOK OF THE 702CM BOARD OF APPEALS OF THE TOWN Or SOUTHOLD To Bradford B. Green AppellaM 101 Bard Avenue Staten island, New York 10310 at a meetbng as the Zooms Board of Appaala m July 6, 1978 the appeal D q (, � , waw considered and %* asaloa hadieatad below was taken on Your ( ) .gagocot foe variance dna to lack of area. to property RECEIV D ( ) Request 'gw a spacial exception under the Zoning Ordinance (X) Bequest for a varlaam io the Zoning Ordinance (, ,SAN 2 8 201` 1. SPECIAL =z PT=. By rnobrtlon of the Board it was determined tW a (�� eAPPEAL grauW ( ) be denied Wtsaant to Attide Section Subsection paragraph of the Zoning Otdinonse and the decfsioa of she Building Inspector ( ) be reversed ( ) be confirmed becaoae 9:15 y.M. (D.S.T.) upon application of Bradford B. Greene, 101 Bard Avenue, Staten.Island, New York, for a variance in accordance with the Zoning.Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. a., L VARIANCE. By rarolubm of the Board it was determined that (a) Strict application of the Otdiname (would) (would not) produce practical difficulties or tmaeoessary hardship t,ecasae SEE REVERSE (b) The hardship crested (ice) (!s not) unique and (could) (would not) be dmed by all. properties elite in the immediate vidadb of thta property and to the same use district because SEE REWRSE (e) The variance (don) . (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because jEE RrTZ' SE and therefore, it was further determined that the requested variance ( ) be granted ( ) be dented and that the previous decisions of due Building inspector ( ) be confirmed ( ) be reversed. SEE ►..i FORM Z34ZONMCr BOA" OFF , i+we-:zl1i. I Town Board of Appeals Southold SOUTHOLD, L. 1.9 N. Y. 11971 TELEPHONE 765-3M 1802 APPEALS BOARD MEMBERS ROBERT W. GILLISPIE, JR., CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. W 1101 Mr. Bradford B. Green 101 Bard Avenue Staten Island, New York 10310 August 28, 1978 RECEIVED qqg I ,14N 2 8YO15 BOARD OF APPEALS Dear Mr. Green: Regarding your application dated June 9, 1978, we -wish to advise you of the following. We find that the Board previously divided this property, application -No. 2400 dated February 24, 1978, Burt.G. Lewis< ` as agent for Victor Teich. The action dated March 23, 1978, granted permission to change the lot lines and approval of access as suggested in your application No. 2434. A copy of the survey attached to application No. 2400 indicating the suggested division as well as showing the access is attached for your information. Yours truly, ROBERT W. GILLISPIE, JR. Chairman RWG:bcc Enclosure go EAM 6 00 c • j TOWN OF SOUTH LD PROPERTY RECORD CARD A OWNER _ STREET,5 VILLAGE DIST. SU LOT Sa 4f4 ),? 6 I–a a Q( W")L,., oad C fc a v e v Aa/0F a , -1 tee. FORMER OWNER N E ACR. 04 � /86, 7t— �l--2�.�► S W TYPE OF BUILDING / RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS l .-a 7` *190 Z) / J / 9aa Z? Qa ao S2 �,� A-A0".Z ifd,�,:.� � '�•w N/oa Odie/�,n I 9L rry C r 7o/n�0 e A4 , JV014 Od.,�e�/,�,� aro�Id-F, ., Ud ilV xx U U r YA6 �� f I < < C� Te �6 / 2O O O U �3 Sia 6 �«„ a �,��r�� d , G � � �a S vas��o 97 sz 2000 ZOO E2-60- i z1z12-110(,- BUILDING CONDITION 04,?"&yvd oaLZZ6- AGE NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 4 G Tillable 2 Tillable 3 a ,wampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD off, b„a ie d -louse Plot /00 1300 DEPTH 3 c1-- % p"t q -e BULKHEAD. rota) - DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD i OWNER STREET VILLAGE DIST. (SUB LOT' 9p SatuCt,$ c�h0 FORMER OWNER .67e /lodC� N C�f`ia ve E ,,, r�T �. d v /�'h1L �vG ft—d' w ACR. ' r j r ?e S W TYPE OF BUILDING RES. 3 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKSJ"",lqe d–p d0 iH c G24 zd Il o U �alS 5 /" � 3 lS"d ' x C (Ad ki h Pdft. / NX (J'r-e e.i % e e. Ci / "//3 .Su d ��5~OoD Yce» o �cli�Stpl�o �hC��1" /�"/1 S-ly 71F '{ AGE BUILDING CONDITION 03 NEW NORMAL BELOW ABOVE y m ET --- FARM Acre Value Per Acre Value G Tillable 1 c Tillable 2 'rillable 3 il•,"a"lCl . ,,>0111pland FRONTAGE ON WATER "f sshland FRONTAGE ON ROAD /d def a , /k � ay4v deo-s House Plot DEPTH Y% . {, V e h a. qt BULKHEAD Total DOCK • EXHIBIT H • ''?*VMHN 1), NIWINO S romom C. 111N/lNI1 December 12, 2006 Town of Southold Tax Assessor's Office Main Rudd Southold, New York ATTN: Claire Glew PiNZINO & PINZINO ATTf1NNr:Ys AT lAw 160 PIANIMMk RUM MANIIAssIT, Nr.wY,)RK 11030 68qq RECEIVED , 9 A N 2 8 7flt"; BOARD OF APPEALS TI -.1 rrulun:: (S 16) 627-6601 'I'm 1,(()IMFN; (5 16) 677.64,117 F.MAII.; 3MN%1Nt 16�r�Al Il.,(:<IM VIA FACSIMILE 631-765-1356 In Re- Dist: 1000, Sect 104, Block 12, Lot S & 6 5.55 /375 Broadwaters Road, Cutchogue, NY 119355 Dear Madam: It is respectfully requested that with respect to the above noted property including both separate Lot numbers be merged into a single unit for the purposes of tax billing. Tic above noted parcel has been held continuously I N/O Reverend Anthony Savastano since prier to 1983. Attached is Power of Attorney authorizing our firm to act on behalf of Rev. Savastanu. If you have any questions, please call me at your earliest convenience. By. sdl)/air enc truly yours, PINZINO, ESQS. D. Piff.ino, Esq. abed 00000-000-000 :br% onn7tTT ')rJrt 00 Exhibit I • • FROM Theodore C.Martz Jr. :2/©9/2010 10:38 6317659069 BOARD MEMDULS L.cslie Kanes Weisman, ChArp-mOn Iames INnizio Gorard P 0061 ringer George Horning KW Schneider PHONE NO. : 516 878 8443 Dec. 09 2010 02:31PM P3 ZONINGEMOFAPPEALS PAG. V/Un Southold Town Hall 530°5 Main Road a. P.O. Box 1179 Southold, NY 11971-0939 Onix Lagaigw Town Am= /First P100r. Capital One Bank 5433', 5 Main Road (at Your Avenue) Southold. NY 11971 ht:p://southoldwwn.n0rthf0rk.ne= ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1889 - Fox (631) 765-9064 gNq ECEIVE® i4N "01,5 BOARD OF APPEALS k^>(NDLNG SEE 1�"i�iG�OAF DBC�BE ZTTONS AND �OlO�ATTi4I� ZBA mu-: 6344 NAME OF AP'PLICAN'T: Theodora C. M^ Jr. PROPERTY LOCATION: 555 Broadwaters Rd., Cutchogue, NY SCI'l�rg 1000.104-12-6.1 . A. SEW ON: The Zoning Board of Appeals has visited the Property under considerld-On in itis application aid determiocs that this review fills under tae Type 11 category of tho State's List of Actions. without fllrther steps under SEQRA. cr>>~Fc)LI CO '�►TY AD T T l✓— This applies 1On was referred as raqu!red under tt�c SsfFoi'� County Administrative Code Sections A 14.14 to 23, end the Suffoik County Department of P'sanning issued its reply dated November 13, 2009 stating that this application is considered a matter for local detcrmination M, there appear: to ba ..c si&rl lea,:t county -wide or inter-con+rnunity impact. LMM This application is not subject to review under Chapter 268 because, the variano0 reliel'roquosted does not involve features fiat relate to a regulated natural feature or a bulkhead or other shoreline, g0U'Cpi_ LD TO -A P D: This application was referred to tha Plunrirg Board far comments, on November 23, 2009 the Planning Bonrd issued a Memo stating that tlw proposed action is inoonsistcat wilt the Town's Comprehensive Plan, and can support the granting of the lot area variances. pLRQPERTY FACTS/ P '�: Subject parcel is improved with two one family dwellings it consists of 71,038.19 sq. ft it has 205.52 foot of frontage o:: Broadwaters Road, 341.41 feet or the east property lin , 200fect ' on the south property line and 362 feet on the west property line es shown on the survey prepared Apr by Kenneth M. Woychuk, L5. e. O Ap)?I,iC • T1ON: Requests for Variances undcr Code Sections 280-18 a ui 250-10, based for a Bui)ding Inspector's August 19, 2009 Revised November 18, 2009 Notice of Disapproval and an app building permit for a subdivision and cOnucwt disapproved of at any time after July 1,81983 ..and accord ng to Section 280-i0; when held in common ownership 1,a Town Code, the exis1irg lots are merged, (�? proposed Parcel I will contain more Ilion one ciwoiling, ) subdivision,Y411 resu!t in two lots having tri than 40,000 squire foot for each Parcel l & 2. RELLEF REOU_ ESTED: The app;i: ant pn�oses to subdivids the 1.63 aere subject parcel into two separate parcel,. the applicarit proposes the subiect parcel be subdivided as per the origkml subdivision lots 189 and 1.90 configuration, effectiveiy requesting a de-nterpr of !ots 189 and 190 or another configuration that would be FROM Theodore C.Martz Jr. PHONE NO. : 516 878 8443p� Dec. 09 2010 02:31PM P4 11/03/2020 :3:36 6317559ae ZONTNGfiI�PEOVED PAGE 03/95 Palo 2 - Cccember 2, ?rte 6�qq ZBA FUcdb344.. Mats, Jr. • CrM: 1000-tW12.6,1 BOARD OF APPS will each require a lot area. variance due to , }Aed let cress acceptable to :he Board. 1"Ite proposed two lots 9 a variance for the being lass than the required 40,000 square fest per lot• The applicant is no longer requesting proposed Parcel 1 to contain more than one dwelling, as indicted in reason (2) solder "Basis of .�ppf lection' above. AMENDE P T10ti: During the hearing, the applicant was asked to bring the Platt into mare coWeormtt with the code. The applicant on Septeimber 21, 2010 submitted a plan nOdDS a subdivision line running through the subject oared. It shows one dwelling on each lot and the rear lot with conforrr.ing area. This configuration is the original proposal granted by the ZBA in 1r, S. A NAL ,N 'ATIQ1 : 'The subject parcel was originally created and cxisted as two lots, lots 189e "Amended Map A of Nassau poinens 190 of tht", filed on Juno 28. 1922 as Map 156 in the SUfio:k County r so armee. The lots 189 and 190 shereealso la o � jeinirtg to Those dwellings have ] Opmexist;ng Certificates of zoning, there were two dwclhng oc:panty axid thcy exist today. One of the two dwellings vas mistakenly situated straddling the Werth -soot i division line between Loa 189 and 1.90, apd the second dwelling/cottaSt is situated entirely on Lot 189. An Appeal, X2400 it, 19?S, was granted for a variance to allow a ioWiuc recenfiguration that would subdivide 010 'lots with an e -west division line. This would recotrtfrgure the two !ots with otic prelexisting dwelling l each and tri ast bring them into eonfrrmance with the Code. This reco:+figuration will create a land tucked "rear" l8*ot requiring In right-of-way over the frog: lot to Broadwatcrs Road. Tht ower who applied for the varira+ce that was guration. 'Ilia iota were ho, ;n Appeal 42400, did not enact the lot line reconfi]abet conveyed to another party 2006, requested that the lots 189 and 190 be reaognited as one lot for tax purposes. Pursuant t� Town Code Article U. Section 280.10 the lots 189 and 190 have merged. presently there adsts tvm pre-existing nen-conforming dwellings en the subject tic rattanparcel. The SuCounty Department of 14Ealth Services, recognizing the original lots 189 and 19<) eonf, has ffolk granted approvals for the construction of a new dwelling on each of the two lots with the ecnditier drat "All structures are to be demolished" as noted on the separate survey$ of Lot 190 and Lot is9, both datedbApriil 30, 2007 and revised on April 28,2008 for Sanitary, prepared by Kenneth M. Woychuk L.S. and copies the application mcmorm-du-0 as Exhibit "L". The planning Board, it, a latter dated November 23, 2009, recommends a denial of the application based upon the potential adverse impacts of increased density and additional septio 1096. However, the Board Ands t tt no guthe lot increase will take place since there currently exists two dwellings on the subject property and, in granting line change requested, there will ri11 be only two dwellings.. one on asci► of the r.�vo proposed lour, each with upgraded septic systems. Ther¢ were lotbora submitted to the Board Rom neighbors and the Nassau Point Property Owners Assoc. requesting the Board deny the application due to noncompliance with the code oi-A the concern that trees would be removed while improvements were made to the parcel as a result of the proposed subdivision. The noticompliance to the Code of the proposed subdivision is the subject of this appeal and the appiieantlowner of the sub+act parcel may, by right if he desires, remove any and all trees from bis property or conversely plant more trees. The objecting neighbors own patters which � cant. and some are malletth rwpoct t in arca than whtattite applicrea, and ant proposes. In the a cottf guration as the lots proposed by JF=�T�•j1 S OF EAC1% UASO �1S FOR ASOMM AC•T1 The Zoning Board of Appeals held &'public hearing on this application on lanuary 21, 2010, April 22,201- 0. July 29, 2010 and September 23, 2010,.at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Inspection of the property, and other evidence, tho Zoning Board finds ttic following faots to be true and relevant and makes the following findings: 1. XQwn La 2 7- Granting of the requested variances will not subiliduclu a" unimi Idles change han a in the character of the neighborhood or a detriment tc nearby properties. The prop the original !nt linea and create two lots that wouid conform to what is prevalent in size and d:rnan;ions :o the FROM : Theodore C.Martz Jr. PHONE NO. : 516 8788 Dec. 09 2010 02:32PM P5 12/09/2016 10:39 6d1165y3* _ulvtr ur� �l� a `i"`- •'", "J PtkC j - Deeemhc- 2.2010 i A N: KC' 1' ri (14 II 01 ;t=ilMab344 - Wit. Jr. :. V Cnu: 1000.101.12.6.1 me,ior'ty Of lots in this rcighborho . 'i'hc c has been no evidd► yGi a (W ppL;Ai,Sc that the proposed subdivision would present a de mncrn to reurby propertie3- 2. Town Law 26 - b' z . The benotit sought by the applicant cannot b- achieval by some method, ft aaihte For the app;icant to pursue, other than arca vartatices. The subject pares'. consists of 71,038.19 squar` foot and therofore does 1101. have safll. ant lat area to weet the 40,000 sf/lot requirement in order to subdivi9r Che parcel into two conforming lots. 3. Town Law $Zb?- �� The variances &m-nted iereilf are not substantial. Madlexnatically, tho request to create two lots of 36,558.19 and 34,480 6gwtre fect each, where 30,000 square fiat :s required, trumalates to oa)y a S°/a and l4°1° variance respectively. The applicant submitted a study of the rarccis in the area with respect to their lot area size. The study sbowed that a xnsjority of ale parcelr. a= noncon;ormin2, end that the average size lot of the 136 lots studied is :73 acres (31,800 4, thus translating to an average nonconformity of 20°.b• Stated conversely, the average parcel studied is only 80% the size of a conforming parcel). The applicant's proposed variances of 9% and 1,d% are well bellow the average nonconformity of 20%. 4. Town Law 6267-b (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 covironmental conditions in the neighborhood. The property currently contains two single fan-ily dwe!iings each with its own septic system, and the salve will be true in granting the proposed subdivision. All drainage will be controlled on site to per code and the sanitary will lr. upgraded S. town L,nnw•8267-b;? b1.bt )[S), The difficulty has been calf -created. The subject parcel was aryuircd by the applicant after the lot arca requirements were established, consequently requiring Chit applicant to seek lot area varia im for the proposed two loo Sub4iV is;•on. 6. Town Law >QZ67 D. Grant or the requested relief is the minimum action ncees,ary sod adequate to enable the appiimmt to ortioy the benefit of the subdivision of the subject parcel into two lots while preserving and protet:ting the character of the neighborhood and the health, safety and welfare of the community. RES0X,_ )F' T` 1; B0�+'RD-. In considering all of the above factors and zpplyi.ng rhe batantyng toot under New York Town i.aw 261-R, motion was of'f'ered by .Member Scl)ncidw, seconded by Member Goehringcr,-and duly carried, to GRANT, the variance as appliod for, and shown on the survey of Lots 189 & 194 inclusive and entitled "Proposed Land Division" dated April 30, 200,, Scale: 1 "-30', Surveyor file #27-36SP (no revisico dated indictcdi, prepared by Kenneth M. Woych* L -S. and the indivitit:al survey of Lot J 89 dated revised Sanaery 4.2S-08 and individual survey of 1,ot 190 dated rovised Sanitary 4.28-08 both prepared by Ke--nneth M. Woychuk, L.S. Conditions: 1, All existing structures are to be demolished and ;cmrnod. That the abilve condufons be written into the Duildtng Inspector's Certifccate of Occupa"Cy, wean irsc�e Any deviatton frain ELIC »rvey, Site pian aged/or architactural dmwinge cited in Ibis decision wail result i:1 ctelays a ndior a Possible denial by the BuiidlttgAepartitmit ora building permit, and may require a now• application and PUblic !tearing before the Zoiling Bc*H of Appeals. Any deviation firem the variance given Such as extension8. or denloliti0nx which are not shown on tF.c applicant'+ dicpnms or survey site snaps, nee not authorized under this application when involving noneonfarmitieN uudor Ow zoning code. This action ,... , �,.�• e►►thn,d+n nr rnnrinne anv cu cut or future t]AE, :o*back or other features of the mbtcct property dtat r,1a:� violate the Zoning Code, ocher then 9ueh LI Ma, 9=18CXIS and t)l'Iw r&'1E': its its aro chvmxpl, n�v,�.wv r .•• - FROM : Theodore C.Martz Jr. PHONE NO. : 516 878 8443 Dec. 09 2010 02:33PM P6 7/05/2010 10:38 63176590 ZONING3DCFAPPEALS • PAGE e,ias Y Vu�,ti < — Dcccmth�h� 2.:0 lt1 LDA Flld63A4 Jr j CTM.IINhJ-104-12-6.1 Tro Noord ecdems tale h8ht to so"Itoic r. simlior ticiien that is tie minimis in maul-- for nn srt aatim.:hat d -vg not Increu%v the dutme of noftftf lmity. voce ofthe Board:.4ms, memaery we►smcn (C'hairper or). rovArh7ger. Dinizio. INo►ming schl401'• This R lat'ion was N►itl:e adopted (S•n1• L� , RECEIVED JAN 1 8 7015 Lurie Kms Weiamane Chairpe wP AMroved fcr flling/�! C1 /2010 BOARD OF APPEALS 0 0 - - - - REAL PROPERTY TAX SERVICE AGENCY. P ll7 DISTRICT NO 1000 PROPERTY MAP C ?31 Y6ERT A -11 5h.6A(e) -_ N 2eY 9G0 •" 2 '.. ? 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M e-- osz f• t8 ''. 4 10 ry 19 ° \ ,Ap • ,lp t p \ 4rfR3 na, 5p4, p x , X15 14 13.1M ° • �• „° 'JJ•i 'w U $ �S18,0°• Idih) ° „n, gs 1 >s,°' ' g 21 °•t a $\ , o• 2 6;5 'c tg 45 5 "$ n , a s "$ '. "w 62 °T RECEIVED SCALE 1'-100' 5 ^ C m°` g Y•a ` , '?y,� ,� n,+ W N 28e 700 " 6 i ' $ 2 u a x 16 l tp o o® 8 ,w• $ JAN 2 8 2015 4.3A(cl ' , sul to ° s° m •U,u a Z° , ' $ t3 °s nn $ O 0 � = Sus„ „5T• "s 1 1 ,y+. „ s �, 4 1.TA3lc) �� BOARD OF APPEALS i+•CtyQ 1.7A a 2 �� nw' n, i3 yu 5n e + O Tit m5 g "2: it 9 ",° 's G ,^•a x, 7.3 t y„ ` g ,x9,, t 12 554 •'s A 13 1.6/lc) w mT 9 11 $ p n u D'Y � os•� � 4 `8 �� m1.2 / / a,N t•° // ,5 n ,p5 r „ 9 iGi R 28 1.8 (C) R i D /.><T , a°m 27 - ' s a ..'eiyL. Wase �NG3pN °°a,0, to 6_ 15_--'s 16 5 0+5` r 5 // 2.9A(e) A4Y v, ns• y �V"- +°0 ` 2 ao. q 1.IA(c) Y41fRS a 5ms °` t7. '> 29_• i x 5 . ,u y ID ,o. tri .� ° 1 ,p5 '!r♦ a' t9 ; .O F' --- 1.4A(c) 3 ,w +JJD `' `0• A a�� ------ .,° � t• "s ,o° ew "• a 11 �. 3., � 30 ,3 9 t1�/ t +'•• „T .y 9. z.'� uu� 3AA?cl a w /t3 1.1A(c) -----------/ 1 % 2 w s N taNINSERT B SCALE 1•,100 _ 4TU "A�j n/ p/0 '/ /n /, /m, r ,+wu1.x•sS,Y ' . l w• ,Zp t1•S6 P ,.° C ¢ 1 '•'^` ,/ $ . 's 7IAlCI (50,) 7 /.1 // $O 1,2F ��• 18x1• Ian t3 t t2 2p 5+°w � � i�2.1 4 5D '8 4.71c) 5„ L3Alc1 ------ , a s •• t 4 '' a �i 1.6AIU -- / ..° '4, ,m e�3 ' tt• 2t =Jpn5e: rM t /Sc'�/ I 's rs _zN 16.2 ,4 tqS°•`at 22 ,a m IA22 19 ".2 20 20 L3AIe) G, 2.0 • J's' 's 3 ,mI - Inuc A T - '1. C •5 I I ° 5.5�� ° 8 �� 17 -- :n.� �as� v p ' /J ,y 5 L, 10 n ' ..w• \ I A 's x, 12 I/I.7A(d 1 y5 a a ' 23AIcI -- E b• '' ) 20 - 21 I ; ;r u o .a+, t \ m5' I mt` F 22.1 W i75' • 's 24 / / / n o, I6 n,v ;G , t5° � t � �° T � M1 8 '-^ 9 ,b'"\ r m. •- `23Y 7.1 Z = LlAlc) w.5g 35 / °s • BAY w ♦b\fid , ,,.. 4 a e 1.1AIU fy " / J bi� ,•h c1' ' x � 151 tb 6 4 � 1 ° 5.7' • 'c „P � 15 lAAld $ 11 I 13 I I I r: a n ) A/ I.SA(C)-moo, w o ,r 5 v `` LDAIG 12 I 15 I w, I RnI •Aa s •,. �,., 555 / i' a Q3 A 'r 9 xis r• l.t>" / / // g • UAW r ' .< t° a , o - sa 'S ^•' r t° I a, c 27.1 ass // 73.1 �1.1A1c1 " x 4�1f ,R t tie 10 1.7AI0 /2:DA CiiySF 'Po t 62B "s I n•a a °N //� /36.6 g.t i ••y� 'a 51ci s 29 5j0• 36.7g.2 ,.• '°'c 2• O S.7Alc1 ' °n,5 WA(c)14 w• ,54, b.�e 30 " v ,.°• 12.OA(c) .p w• a 14 sw Q s�7Tlr 9 Y•• z' 1.4 15 4.t �W�A 2.6A(c) d t..1(, , s 0 FOR PCL.NO. 1°0NO s _ 9- •,j5, n' `SC// '_. 2 'n ,y.°, `i�� SEE SEC. N0. ,,, 'p o ~ 2 4A O. 9 118-01-011 cosy FD s MATCH -� LINE 1.5 t2 N es OD 29 O ' v N les 100 1.6F W 9S J \ 1.3A1c) L Prm.m m R9 L'aW $IAWvMWI, Lv1 w, uv BbcA LIN, - SrMN Wirk, llro - -SCR - Xytrmt p.tYkt LAW --H-- UNLESS DRAWN 0TKRWISE, ALL PROPERTIES NOTICE by COUNTY OF SUFFOLK © K 104 70IN OF SOUTHOLD SECTION NO ARE WITHIN TME FOLLOWING DISTRICTS: E DWouA C- (I Wr -�- SLW.Mh N /BHa w. (21) eb t Na Rre DM1,k, W - - F - - IIWI- 111"111 lira - - R -- - pb P E `, O SC 01. 9 SEVER_YYo MAWTENANCE, ALTERATION, SALE OR ® Real Property Tax Service Agency Y S,o ,NW lot 1n ------ D,etl NmemW, YWw Wfrk, Lae - - • - - Nutmkd0lrnki LMW - RST -- - FIRE 29 HYDRANT <D DISTRIBUTION OF ANY PORTION OF THE b m 111 ll< VILLAGE 6' E LICHT 45 WATER r County Center Riverhead N Y 11901 1TA 11 1 Sirem i 9rore - scald oll.romn v. mn71 L. - ud,t omk5 Uro - - L - - Aec:Ae,ke Dhirkt lMe - - A - - PAR' 90 REFUSE SUFFOLK COUNTY TAX MAP S PROHIBITED I M N ___ aA SCALE IN FEET: D Pmeel w. 27 Oeea ue° 12.1 Aid) or 12.1A i°"^ LFe Pmt 4etrkt Drc - - P - - 9as5e.aty 04hkt lNe -n - - AMBULANCE WASTEWATER WITHOUT WRITTEN PERMISSION OF THE �® $® l00 D xo wa A OtSTRICT No 1000 tWairted Area 12.1 Alel YAade u„ ----- se..- aexlct uro - - 5 - - REAL PROPERTY TAX SERVICE AGENCY. P t1B PROPERTY MAP CONVERSION DATE: Dec. u, 1996 Revisions � - .•� ' 06-14-96 IIIb -96 09-24-9 OR' S )P 0 ,� SEE SEC. NO. 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'#. by r'O a°;, 0 F // O/ // .50+ $,g�ix $ ,m ' ' ]'S j5 5ss•\ ; `• ze. 61p1L1 ,„�„ 18.4 ° � $/ ]a ,a ° x20 g0'3 m \ � .: •\.,�#\ $ 19 1. 2 iv°1B3 �� „° dv "•" $, ''. 24 / � a°p \ 1.OPlG3 \ :\,°a ' h `� ° m'' \ \ ,y $ + a 5wxia 'p 16 `po• i0 5 18 s \ \ , u \ - \50p 5i "x \ � 1) \ ' / � _. 'P 1A1< 1 •°n •tA •1 10 6.1 l 22.2 Aa+ S.9A(d ti CUTCHOGUE 1 (� ` •jp L ,°° ,°•y1 3, i ,� 25 °e ' 4 NEN St6FOLN lWle /v\ �i' 1i 1p ' �u 8 28 •°° AVE 5 13.6A(C) PARK DISTRICT 9 R� RECEIVED ).1 aacu - EIV�D 5�5+/� y� t ,'•]5 ,`R '� 1)1 fi /\ ZP1LT 4 / \ NEW SUFFOLK , .: 1 ] ` 22 PARK DISTRICT s r JAN 2 8 2015 6PLL� � 'J pPLL v' j0 1pPc1 BOARD Oi��p (� �'` A�P `� 0 X31 ig �1p .00 9~,eSP © se° 19pT 4'Sfo 0 24PlGT N\ "�''y" , F � E BROADWATERS COVE m `• 6• ` ` N n 123 ,rt .1p1 I 07 T. ° � `A1 S � ,G 1 ,311 x �,cA1 '�� v '•5 1) , t "` ,0,1 +1 = i 91 �6 Py ,5e 29 $j5 rs 18 tib iJ 25ALc TOWN OF SOUTHOLD 1.4 + ti9 ti $ � 1 S M1 ," 5 ,11 � � ° PEUs (UMOEFM'ATER Loral 2.Wc)) +. `' ,., , a '1• )1 , tip ,10 a 9 4" 12 ,z 25 31.4A(c) ,n (\ 5. 1t1Ld 15P1 "� , . 1.4A(c) •°�,'P 11uy', 1A aPs�S`5 J O = 1.OA(c)F \� '4. 3 1•S s, s 5 A 11PL 'f`5 �` I „4 e. i 1' ' „ vw = ;/2 • 5 8 \ ?1 184fdO 1+,0S r 2 7AW) W9G q�c� ^' �`'p �' ,a. 5 'I 2AlG 9 $ 13 i �•O \RO 6 •+'qE , ?4F9C1 ° wAi 1O 4 I ' °j A, �3a• g%16PL 5 p a c oT 1.fiAlcl a. , \ z, k12=; 00 ,m I ^ N e.1 I i Ld 9G / L s�• o �-•-� HAYWATER COVE `19 3 nn ,� o°I Q s 1 v e '• ,i O �• �/ � _ zy II p� N 11 ° 'nx, �8 nj•+ z'+ •n 1 o z,o 12 �"e `,. 's ,r,p ' To ' „ '/ 1Bi� - •mo \ \ \ \\ � z�41 �] c 9�t+� \ .• `Os5' )� � � \ 10.4 0 , 8) �,i 14P �0 $7 \\\��...////// � _ � '• S° ' 141. g �`� �, " �`z •, �' 10.2 nos I.8 i5, t't, q0 12i'� in y//esi x • 11 N 299.000 UNLESS DRAWN DTXERWISE, ALL PROPERTIES NOTICE °91 °9° TD�N ai SECTION NO L PnOarn or RN L e E„,K LIm;S - - - Map„rkT Iw - -SDH - xXMmS pefr� LM - - " - COUNTY OF SUFFOLK © K 33 SOUTHOLD n ARE WITHIN THE FOLLOwINL DISTRICTS+ �� p®a�g Real Property Tax Service Agency v E DNMte. CNNzui Ore Wdr4bn Bb k/&Ey N°. (Cl l e ObirkS Ilro - - F - - It.1- D.hkt LIM - - R -- - SCHOOL 9 5 SEWER NND MAINTENANCE, ALTERATION, SALE OR 0 \� DS 104 --�- eKa. xo. O Wa g° Io9 vLLAGE OF G v eR a pefrlcT LIM - - N - - M.T. knoNeneT uM -HST - - - FIRE 29.28 HrORArvi DISTRIBUTION OF ANY PORTION OF THE P� � Count Center Riverhead, N Y 11901 LLtivWIY, Iet LIM ---- DNM OPu,Rlrn .�( Y 138 13 r E STrrw , brr ^-'�' - SccYW DN,wlen *r LIM -- - _ L _ _ _ A _- _ PANT aS.Aa WATER SUFFOLK COUNTY TAX MAP IS PROHIBITED �-. w [pn Lty,T ps5rkl Llm .vWge° pa,rlc5 lW pipN N .uw..uc¢ 90 •AFsrcr irR. NiiHauT wRIriEA, PERMISSION OF THE .T�'4� _ -- P 06TwCi ,q 100Q RTY MAP T� p ....,,s zi °........ i2.a um er iz.aA ,.., 5.r _ _ _ w. o,...�...m. . - - ...,...... e... s. ,�� -.„ - - SCAL }p0 ° .•a PROPE evislons II -21 -01 gl oa EXHWT K SUMMARY OF EXISTING CONDITIONS TAX MAP SECTION ACREAGE # OF LOTS AVERAGE LOT SIZE # OF NON CONFORMING LOTS PERCENTAGE OF LOTS NON CONFORMING # OF LOTS .71 ACRES OR LESS 104-11 10.26 11 .93 7 63% 3 104-12 13.39 16 .83 12 75% 6 111-3 10.84 17 .63 15 88% 14 111-4 26.36 36 .73 34 94% 27 111-6 14.12 21 .67 19 90% 17 111-7 13.85 20 .69 19 95% 9 111-8 10.36 14 .74 11 79% 6 99.18 135 .73 117 87% 82 co 0 rn 3P 0 • SCTM#1000-111-3 SCTM# ACREAGE STATUS 1000-111-3-1 .55 IMPROVED, NONCONFORMING 1000-111-3-2 .53 IMPROVED, NONCONFORMING 1000-111-3-3 .53 IMPROVED, NONCONFORMING 1000-111-3-4 .56 IMPROVED, NONCONFORMING 1000-111-3-5 .45 IMPROVED, NONCONFORMING 1000-111-3-6 .60 IMPROVED, NONCONFORMING 1000-111-3-7 .60 IMPROVED, NONCONFORMING 1000-111-3-8 .60 IMPROVED, NONCONFORMING 1000-111-3-9 .90 IMPROVED, NONCONFORMING 1000-111-3-10 .50 IMPROVED, NONCONFORMING 1000-111-3-12.2 .67 IMPROVED, NONCONFORMING 1000-111-3-13.1 1.05 IMPROVED, CONFORMING 1000-111-3-14 .63 IMPROVED, NONCONFORMING 1000-111-3-15 .71 IMPROVED, NONCONFORMING 1000-111-3-16 1.12 IMPROVED, CONFORMING 1000-111-3-17 .41 IMPROVED, NONCONFORMING 1000-111-3-18 .43 IMPROVED, NONCONFORMING Total Acrea e 10.84 Number of Lots 17 15 NONCONFORMING Average Lot size .63 RECEIVED JAN Z 7(" BOARD OF APPEALS SCTM# 1000-111-4 SCTM# ACREAGE STATUS 1000-111-4-1 1.12 VACANT, CONFORMING 1000-111-4-2.1 2.1 IMPROVED, CONFORMING 1000-111-4-2.2 2.2 IMPROVED, CONFORMING 1000-111-4-3 .83 IMPROVED, NONCONFORMING 1000-111-4-4 .76 IMPROVED, NONCONFORMING 1000-111-4-5 .66 VACANT, NONCONFORMING 1000-111-4-6 .47 IMPROVED, NONCONFORMING 1000-111-4-7 .66 IMPROVED, NONCONFORMING 1000-111-4-8 .67 IMPROVED, NONCONFORMING 1000-111-4-9 .61 IMPROVED, NONCONFORMING 1000-111-4-10 .67 IMPROVED, NONCONFORMING 1000-111-4-11 .24 IMPROVED, NONCONFORMING 1000-111-4-12 .57 IMPROVED, NONCONFORMING 1000-111-4-13 .60 IMPROVED, NONCONFORMING 1000-111-4-14 .57 IMPROVED, NONCONFORMING 1000-111-4-15 .53 IMPROVED, NONCONFORMING 1000-111-4-16 .63 IMPROVED, NONCONFORMING 1000-111-4-17 .61 IMPROVED, NONCONFORMING 1000-111-4-18 .51 IMPROVED, NONCONFORMING 1000-111-4-19 .44 IMPROVED, NONCONFORMING 1000-111-4-20 .43 IMPROVED, NONCONFORMING 1000-111-4-21 .48 VACANT, NONCONFORMING 1000-111-4-22 .51 IMPROVED, NONCONFORMING 1000-111-4-23 .51 IMPROVED, NONCONFORMING 1000-111-4-24 .64 IMPROVED, NONCONFORMING 1000-111-4-25 .66 IMPROVED, NONCONFORMING 1000-111-4-26 .60 IMPROVED, NONCONFORMING 1000-111-4-26.3 .55 IMPROVED, NONCONFORMING 1000-111-4-26.4 .64 IMPROVED, NONCONFORMING 1000-111-4-28 .75 IMPROVED, NONCONFORMING 1000-111-4-29 .63 IMPROVED, NONCONFORMING 1000-111-4-30.2 .66 IMPROVED, NONCONFORMING 1000-111-4-31 .56 IMPROVED, NONCONFORMING 1000-111-4-32 1.51 IMPROVED, CONFORMING 1000-111-4-33 .83 IMPROVED, NONCONFORMING 1000-111-4-34 .95 IMPROVED, CONFORMING Total Acreage 26.36 Number of Lots 36 34 NONCONFORMING Average Lot Size .73 RECEIVE[ U SCTM# 1000-111-6 SCTM# ACREAGE STATUS 1000-111-6-1 .50 IMPROVED, NONCONFORMING 1000-111-6-2.2 .48 IMPROVED, NONCONFORMING 1000-111-6-2.2 .48 IMPROVED, NONCONFORMING 1000-111-6-3 .54 VACANT, NONCONFORMING 1000-111-6-4 .50 IMPROVED, NONCONFORMING 1000-111-6-5 .67 VACANT, NONCONFORMING 1000-111-6-6 .67 IMPROVED, NONCONFORMING 1000-111-6-7 .67 IMPROVED, NONCONFORMING 1000-111-6-8 1.32 IMPROVED, CONFORMING 1000-111-6-9 1.22 IMPROVED, CONFORMING 1000-111-6-10 .55 IMPROVED, NONCONFORMING 1000-111-6-11 .72 IMPROVED, NONCONFORMING 1000-111-6-12 .89 IMPROVED, NONCONFORMING 1000-111-6-13 .66 IMPROVED, NONCONFORMING 1000-111-6-14 .68 IMPROVED, NONCONFORMING 1000-111-6-15 .69 IMPROVED, NONCONFORMING 1000-111-6-16.2 .59 IMPROVED, NONCONFORMING 1000-111-6-16.2 .66 IMPROVED, NONCONFORMING 1000-111-6-17 .49 VACANT, NONCONFORMING 1000-111-6-18 .50 IMPROVED, NONCONFORMING 1000-111-6-19 .64 IMPROVED, NONCONFORMING Total Acreage 14.12 Number of Lots 21 19 NONCONFORMING Average Lot Size .67 REC IVE 30ARD OF APPPALS- RECEIVED SCTM#1000-111-7 SCTM# ACREAGE STATUS 1000-111-7-1 .49 IMPROVED, NONCONFORMING 1000-111-7-2 .54 IMPROVED, NONCONFORMING 1000-111-7-3 .57 IMPROVED, NONCONFORMING 1000-111-7-4 .57 IMPROVED, NONCONFORMING 1000-111-7-5 .70 IMPROVED, NONCONFORMING 1000-111-7-6 .73 IMPROVED, NONCONFORMING 1000-111-7-7 .73 IMPROVED. NONCONFORMING 1000-111-7-8 .73 IMPROVED, NONCONFORMING 1000-111-7-9 .73 IMPROVED, NONCONFORMING 1000-111-7-10 .73 IMPROVED, NONCONFORMING 1000-111-7-11 1.21 IMPROVED, CONFORMING 1000-111-7-12 .36 IMPROVED, NONCONFORMING 1000-111-7-14.1 .73 IMPROVED, NONCONFORMING 1000-111-7-15 .73 IMPROVED, NONCONFORMING 1000-111-7-16 .76 IMPROVED, NONCONFORMING 1000-111-7-17 .52 IMPROVED, NONCONFORMING 1000-111-7-18 .71 IMPROVED, NONCONFORMING 1000-111-7-19 .81 IMPROVED, NONCONFORMING 1000-111-7-20 .81 IMPROVED, NONCONFORMING 1000-111-7-21 .69 IMPROVED, NONCONFORMING Total Acreage 13.85 Number of Lots 20 19 NONCONFORMING Average Lot Size .69 OARD OF APPEALS 0 SCTM# 1000-111-8 C� RECEIVED ri 2. BOARD OF APOFALF SCTM# ACREAGE STATUS 1000-111-8-1 .64 IMPROVED, NONCONFORMING 1000-111-8-2 .48 IMPROVED, NONCONFORMING 1000-111-8-3 .61 IMPROVED, NONCONFORMING 1000-111-8-4 .44 IMPROVED, NONCONFORMING 1000-111-8-6.1 1.05 IMPROVED, CONFORMING 1000-111-8-6.2 .95 IMPROVED, CONFORMING 1000-111-8-7 1.12 VACANT, CONFORMING 1000-111-8-8 .53 VACANT, NONCONFORMING 1000-111-8-9 .57 VACANT, NONCONFORMING 1000-111-8-10 .89 IMPROVED, NONCONFORMING 1000-111-8-11 .83 IMPROVED, NONCONFORMING 1000-111-8-12 .75 VACANT, NONCONFORMING 1000-111-8-13 .75 IMPROVED, NONCONFORMING 1000-111-8-14 .75 IMPROVED, NONCONFORMING Total Acreage 10.36 Number of Lots 14 11 NONCONFORMING Average Lot Size .74 RECEI ED I qP 5 g rf\N t t SCTM# 1000-104-9 BOARD OF APPEALS SCTM# ACREAGE STATUS FRONTAGE 1000-104-9-1 .72 IMPROVED 1000-104-9-2 .82 IMPROVED 1000-104-9-3 .94 IMPROVED WATERFRONT 1000-104-9-4.1 1.44 IMPROVED WATERFRONT 1000-104-9-4.2 1.44 IMPROVED WATERFRONT 1000-104-9-5 1.30 IMPROVED WATERFRONT 1000-104-9-6 1.10 IMPROVED WATERFRONT 1000-104-9-7 1.04 IMPROVED WATERFRONT 1000-104-9-8 1.10 IMPROVED WATERFRONT 1000-104-9-9 1.10 IMPROVED WATERFRONT 1000-104-9-10 1.10 IMPROVED WATERFRONT 1000-104-9-11 .67 IMPROVED WATERFRONT 1000-104-9-12 .53 IMPROVED WATERFRONT 1000-104-9-13 .80 IMPROVED WATERFRONT 1000-104-9-14 .65 IMPROVED WATERFRONT RECEIV D ] AN 2 8 !01 SCTM# 1000-104-10 BOARD OF APPEALS SCTM# ACREAGE STATUS FRONTAGE 1000-104-10-2.1 2.00 IMPROVED WATERFRONT 1000-104-10-3 .75 IMPROVED WATERFRONT 1000-104-10-4 .75 IMPROVED WATERFRONT 1000-104-10-5 .75 VACANT WATERFRONT 1000-104-10-6 1.02 IMPROVED WATERFRONT 1000-104-10-7 1.15 IMPROVED WATERFRONT 1000-104-10-8 1.00 IMPROVED WATERFRONT 1000-104-10-9 .41 IMPROVED WATERFRONT 1000-104-10-10 .60 IMPROVED WATERFRONT 1000-104-10-11 1 .55 IMPROVED WATERFRONT (I r RECEIVED SCTM# 1000-104-11 BOARD OF APPEALS SCTM# ACREAGE STATUS 1000-104-11-1.8 .67 IMPROVED, NONCONFORMING 1000-104-11-2 1.34 IMPROVED, CONFORMING 1000-104-11-3 .89 IMPROVED, NONCONFORMING 1000-104-11-4 .86 IMPROVED, NONCONFORMING 1000-104-I1-5 .95 IMPROVED, CONFORMING 1000-104-11-8.1 1.50 IMPROVED, CONFORMING 1000-104-11-9 1.25 IMPROVED, CONFORMING 1000-104-11-12.1 .50 IMPROVED, NONCONFORMING 1000-104-11-13 .84 VACANT, NONCONFORMING 1000-104-11-14 .76 IMPROVED, NONCONFORMING 1000-104-11-15 .70 IMPROVED, NONCONFORMING Total Acreage 10.26 Number of Lots 11 7 NONCONFORMING Average Lot Size .93 so 0 SCTM# 1000-104-13 0 SCTM# ACREAGE STATUS FRONTAGE 1000-104-13-2.4 .56 IMPROVED WATERFRONT 1000-104-13-3 .91 IMPROVED WATERFRONT 1000-104-13-4 .95 IMPROVED WATERFRONT 1000-104-13-5 1.74 IMPROVED WATERFRONT 1000-104-13-6 1.39 IMPROVED WATERFRONT 1000-104-13-7 .74 IMPROVED WATERFRONT 1000-104-13-8 .79 IMPROVED WATERFRONT 1000-104-13-9 .85 IMPROVED WATERFRONT 1000-104-13-10 .93 IMPROVED WATERFRONT 1000-104-13-11 .86 IMPROVED WATERFRONT 1000-104-13-12 1 1.00 IMPROVED WATERFRONT RECEIV D qN 8.Ogq`� DARD OF APPEAL RECEIV"D '14N � N ,10 NY SCTM# 1000-104-12 BARD of AppEA L, SCTM# ACREAGE STATUS 1000-104-12-1 .60 IMPROVED, NONCONFORMING 1000-104-12-2 .79 IMPROVED, NONCONFORMING 1000-104-12-3 .94 IMPROVED, CONFORMING 1000-104-12-4 .72 IMPROVED, NONCONFORMING 1000-104-12-6.1 1.61 SUBJECT, IMPROVED, CONFORMING 1000-104-12-7 .80 IMPROVED, NONCONFORMING 1000-104-12-8.1 .82 IMPROVED, NONCONFORMING 1000-104-12-8.2 1.25 IMPROVED, CONFORMING 1000-104-12-9 .60 IMPROVED, NONCONFORMING 1000-104-12-10.2 .62 IMPROVED, NONCONFORMING 1000-104-12-10.3 .65 IMPROVED, NONCONFORMING 1000-104-12-10.4 .60 IMPROVED, NONCONFORMING 1000-104-12-11 .60 IMPROVED, NONCONFORMING 1000-104-12-12.1 .87 VACANT, NONCONFORMING 1000-104-12-12.2 .76 IMPROVED, NONCONFORMING 1000-104-12-14.1 1.16 IMPROVED, CONFORMING Total Acreage 13.39 Number of Lots 16 12 NONCONFORMING Average Lot Size .83 • ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER • Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 29, 2015 RE: Zoning Appeal No. 6844 Transmitted herewith is Zoning Appeals No. 6844 for Theodore C. Martz Jr. -The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval Ted Martz Dated December 1 of 2014, Notice of Disapproval to Ted Martz Dated December 1 of 2014 Amended January 28 of 2015, Board of Zoning Appeals Applications Authorization from Theodore C. Martz Jr. for Esseks, Hefter & Angel LLP, 2 Pages of Photos, A 2 Page Letter from Esseks, Hefter & Angel, LLP to Town of Southold Zoning Board of Appeals Dated January 21 of 2015, A 13 Page Variance and Zoning Analysis for Property Located at 555 Broadwaters Road in Cutchogue, Under Exhibit A is an Amended Map of Nassau Point, Under Exhibit B is a Survey of Tax Map No. 1000-104.-12-6.1 Dated April 30 of 2007, Under Exhibit C is a Pre -Existing Certificate of Occupancy for No. Z-32256 Dated March 20 of 2007 and a Housing Code Inspection Report of 375 Broadwaters Rd in Cutchogue, Under Exhibit D is an Operation Permit No. 4152-R for a Septic Tank or Cesspool Dated December 27 of 2013 and an Operation Permit No. 4151-R for a Septic Tank or Cesspool Dated December 27 of 2013 and a Survey of Tax Map No. 1000-104.-12-6.1 Dated April 30 of 2007, Under Exhibit E are 2 Pages of Action of the Zoning Board of Appeals for Appeal No. 2400 to Victor Teich c/o Burt G. Lewis Dated February 24 of 1978, an Appeal from Decision of Building Inspector for Appeal No. 2400 Dated February 28 of 1978, and a Map of Property Surveyed for Victor Teich, Under Exhibit F is an Action of the Zoning Board of Appeals for Appeal No. 2434 to Bradford B. Green Dated June 9 of 1978, A Letter from Southold Town Board of Appeals to Mr. Bradford B. Green Dated August 28 of 1978, Under Exhibit G is Town of Southold Property Record Card for Tax Map No. 1000-104.- 12-6.1, Town of Southold Property Record Card for Tax Map No. 1000-104.-12-6, Under Exhibit H is a Letter from Pinzino & Pinzino to Town of Southold Tax Assessor's Office Dated December 12 of 2006 Regarding Tax Map No.'s 1000-104.42-5 & 1000-104.42-6, Under Exhibit I are 4 Pages of Findings, Deliberations and Determination Meeting of December 2 of 2010 for ZBA File 6344, Under Exhibit J is Property Map of Section 111 with Blocks 3, 4, 6, 7 and 8 Highlighted, and a Property Map of Section 104 with Blocks 11 & 12 Highlighted, Under Exhibit K is a Summary of Existing Conditions, A Description of Acreage and Status of Tax Map No.'s 1000-111.-3-1 to 1000-111.-3-18, 1000-111.4-1 to 1000-111.-4-34,1000-111.-6-1 to 1000-111.-6-19, 1000-111.-7-1 to 1000-111.-7-21, 1000-111.-8-1 to 1000-111.-8-14, 1000-104.- 9-1 to 1000-104.-9-14, 1000-104.40-2.1 to 1000.-104.40-11, 1000-104.41-1.8 to 1000.-104.- 11-15, 1000.-104-13-2.4 to 1000-104.43-12, 1000-104.42-1 to 1000-104.42-14.1, Survey of Property of Tax Map No. 1000-104.42-6.1, Survey of Property Tax Map No. 1000-104.42-6.1 With Proposed Lot Line Change, Survey of Property for Tax Map No. 1000-104.42-6.1 Revised November 6 of 2014. ***RECEIPT*** Date: 01/28/15 Receipt#: 180977 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6844 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type CK #5205 CK #5215 Amount Paid By $1,000.00 $500.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Martz, Theodore 145 Ryerson Ave Manorville, NY 11949 Martz, Theodore Martz, Theodore Clerk ID: SABRINA Internal ID: 6844 i 2-5 BROAD"VATERS RD kA 945 BROAD"NATERS RD 230 "NUNNE"NETARD i 0 1475 BROADI ATERS RD 1551 BROAD'NATERS RD 25 BROADVATERS RD r- srU oMVHu;vHitRa rcu�0 BROADI ATERS RD 665 BROADWATERS ROAD CUTCHOGUE, NY 1 1935 March 4, 2015 Zoning Board of Appeals Town of Southold 53095 Main Road, P. O. Box 1179 Southold, NY 11971 RE: Theodore C. Martz Jr. #6844 To Whom It May Concern: We are the adjoining property owners on Lot 188, west of the Martz property. V1 t� RECEIVED MAR 17 `?'r BOARD OF APPEALS As per his 2010 ZBA request and approval, Mr. Martz currently has two lots that run parallel as originally laid out on the Nassau Point Property Maps. We understand that in order to proceed with two dwellings on each new lot, he is required to demolish the Guest House and the current dwelling to allow for a home to be built on each lot. New structures would then have to meet current setback requirements. He now wants to revert to the prior scheme where his lots will be split with one lot roadside, and a second lot to the rear, each with a structure. Our home has been in our family since the early 1950's. For the duration the Martz property has contained the primary large residence and a second Guest House which up until Mr. Martz' purchase was used primarily as a "guest" house. The change requested by Mr. Martz will create two separate dwellings with the potential to create a more intense use in that the Guest House will be expanded and become a Residence, thus changing the nature of the property. The plan submitted by Mr. Martz indicates a 20' buffer on the East side of his lot, a 30' buffer on the South side. Our lot is very narrow, and the Martz property is significantly elevated with a natural slope down to our property, if this change is approved, we request that the 20' buffer be extended from the South lot line along the west side of the lot to the North boundary to preserve the integrity of drainage. This will assure that the current runoff patterns will remain. Any grading of the property done by the current or future owners of the Martz property could have a significant impact on our lot. Zoning Board of Appeals RECEIVED IVEp March 4, 2015 Page Two 7 BOARD OF APPEALS Mr. Martz is not a resident of the premises. He purchased the property solely as an investment. Both structures are currently rented. The property has been offered for sale since he purchased it from the prior owners. It seems the only purpose in making the current request it to enhance the profitability of the property, and not to preserve the character of the neighborhood. We do not support Mr. Martz' application. Respectfully submitted, Robert Je ryRehm a J. hm C VW;IRIPI • fief. :�,� a9 4•`. 4 r � t3. A•� -79 Y� f � •41Y• �a 1 � � Toth, Vicki p 1' From: Craig Cantelmo <craig@vanstaal.com> Sent: Tuesday, March 03, 2015 5:18 PM RECEIVED To: Toth, Vicki Cc: Annie Cantelmo Subject: Martz hearing letter Craig Cantelmo MAR -- 4 ` Attachments: Martz-signed.pdf BOARS OF APPEALS Vicki, Please find my letter of opposition to the Martz request for a variance. Xavier Flemming should also read our statement at the meeting. We are next door to this property and have hope you can understand our concerns and why we all invested in Southold Town. I wish I could attend and speak about our concerns but my wife and I work very hard to live where we do and could not get off of work to attend. Craig Cantelmo Van Staal 631-365-7983 M Craig Cantelmo 255 Broadwaters Road Cutchogue, NY 11936 Southold Town Zoning Board of Appeals 54375 Main Road Southold, NY 11971-0959 Dear Zoning Board, NRECEIVED �Slqy MAR - 4 2015 BOARD OF APPEALS March 3rd 2015 Thank you for disapproving the proposed lot line change request by Theordore Martz, a builder from Islip, NY. My wife and I live here full time with our two children and both have full time jobs and unfortunately had to travel today. We attended the meetings in 2010 when the lot line change was granted with conditions that both houses would have to be demolished and removed if the subdivision was acted on. Nothing has changed with the lots since the 2010 ruling and a creation of a flag lot would create a house set back behind 4 homes in the neighborhood. We purchased our home in 2001 because it provided a wonderful open space environment to raise our two children. We purchased our home with the understanding that the two lots next door were merged and couldn't be change to allow a subdivision. We already have a giant home in and out of foreclosure to our East and hope that the board respects the character of our neighborhood when upholding its decision not to subdivide as per Mr. Martz's current proposal. Thank you, cmlr cmtd wto Craig Cantelmo BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider 0 http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 19,2015: 5:00 P.M. - THEODORE C. MARTZ, JR. #6844 - Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 '— 1) less than the code required minimum front yard setback of 50 feet, location at: 555 Broadwaters Road, Cutchogue, NY. SCTM#1000-104-12-6.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.nv.us Dated: March 6, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS • MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 6, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, March 19, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 12th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND A.S.A.P: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 12th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office A.S.A.P (or bring to Public Hearing). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 0 0 � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARTZ, THEODORE # 6844 SCTM # : 1 000-1 04-1 2-6. 1 %IARIANCEm0 SUBDIVISION 8 YARD SETBACK REQUEST: DATE: SUBDIVISION/LOT SIZE ADDITIONS/ALTERATIONS THURS. MARCH 19 2015 5:00PM If you are interested in this project, you may review the file(s) prior to the 4PBaring during normal business days between 8 AM and 3 PM. ZONING 6OARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 • #12133 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 12th day of March, 2015. --- LEGAL NanCE SOUIHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY MARCH 19,2015 PUBPrincipal Clerk LIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280.(Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OFAPPEALSatthe ire me this Town Hak 53095 Main Road, PQ Box 1179, Southard, New York 11971.0959, on SM Eh - N -A o lata nRn=" MARCH MW - Request for Variance hom Article ...gOIIN198ID>g..J. ,+_tem. _ ?XIII Section 280-124 and the BtuW- ! INC M - (Adj. from 1/8/15) mg Inspector's January 9, 2015 Notice Request for Vwfanoes hun Article XV, of Disapproval based on an application Sections 230-&A and 280.63 and the for building permit for an 'as built' ad - Building Inspector's November 5, 2014; dition to existing single family dwelling, asseeded December 1, 2014 Notice of at; less than the code required rear yard DbWproval based as an application for setback of 35 feet, located at: 400 -East but'Idiag permit to construct a commercial Road (corner Inlet Drive) Mattituck, NY. building for landscape contr me, yard, SCTM#1000-106-3-2 at; 1) leas than the code required host mag PAL - CUTCHO -r E GMczar yard setback of 100 feet; 2) leas than the 6296.6204 LLQ #6837 - Request for Van - code required minimum rear yard setback since from Article XXII Section 28(1,.1050 of 70 feet, located at: 67575 Main Rod the Building Inspector's December 15, (aka State Route 25) Greenport NY. 2014 Notice of Disapproval based on an SCIM#1000-52-5-S8.3 application for building permit to con- 4rM P -M_ -XiERAW CTA G MW struck 8 foot high deer fence around entire - Request for Variance from Article III four lot sub -division, at; 1) 8' deer fence Code Section 280-15 and the BuuNdWg Proposed in location other than side and lmpectoes November 6, 2014 Notice of rear Yard tocatedat:6213,6291,6278,6204 Diwppraval based on an application for Oregon Road (adj. to Long Island Sound) building permit for aoxssory in -ground Mattituck, NY. SLIMVs1000-82-2-3.1, swimming pool; at; 1) location other 31,'33,3.4 than the code required rear yard, $5 PAL - ROBERT and BETH Fr at: 75M Nasau Point Road Lim #6834 - Request for Variances . Pond Rand;, not open) Cutcbdye, NY. from Article XXIII Section 280-174 and SCTM8100D-118-3-3.1 the Building Inspector's December 19, mP.M.-7>FIFODORsr r_ wRT7 2014 Notice of Disapproval based on an 'I8`!b$!4'Request for Variances under application for building. permit for ad- ditions and alterations (second story) to Code Section 280.18 and the Building Inspector's December 1, 2014, Amended existing single-family dwelling, at; 1) less January 28, 2015 Notice of Disapproval than the code required minimum front for a building permit for a subdivision and yard setback of 40 feet, 2) less than the code required minimum side yard setback additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) of 15 feet, located at: 275 West Road (adj. _. less than the code required minimum lot to Cutchogue Harbor) Cutchogue, NY. SCIM#1000-110-7-11.1 size of 40,000 sq. ft, 2) less than the code required minimum lot depth of 175 feet, 6*0 PAL - MARK KING #6841- This Proposed Lot 2 -1) less than the code re- is a request under Section 280-146D for minimum front yard setback of 50 an Interpretation of the Town Code, Ar- ticle X1II, Section 280-56, "Bulk Sched- feet, location at: 555 Broadwaters Road, Cutchogue, NY. SCTM#1000-104-12-6.1 ule"appealing the Building Inspector's Dece,mber 11, 2014 Notice of Disapproval for demolition and construction of a new single family dwelling (residential use) day of 15. 1 CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105050 Aualtfled In Suffolk County My C0rtlrrtlas1011 Expires February 28, 2016 in MH Zone district required aide yyaw setback, located at: 200 East Mint Road (adj. to Mattituck Creek) Mattituck, NY. SCIM#1000-1064-5 6:10PANL-MARKIli(` #6942 -Re- quest for Variance from Article X111 Sec- tion 280-56 and the Building Inspector's December 11, 2014 Notice of Disapproval based on an application for building per- mit for demolition and construction of a new single family dwelling, at; less. than the code required side yard setback of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCIM#1000-106.45 "-_." nice �•rrna M� - Request for Variance from Article XXII Section 2WI05C the Building Inspector's De- cember 23, 2014 Notice of Disapproval based on an application for building per- mit to construct 8 foot high deer fence, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 740 Poquatuck Lane Orient, NY. SCTM#1000-27-3-4.5, The Board of Appeals will hear all per- sons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each bear- ing will not start earlier than designated above. Fifes are available for review dur- ing regular business hours and prior to the day of the hearing. If you have ques- tions, please contact our office at, (631) 765-1809, or by email: V1cki.1oth@Town. Southold.ny us Dated March 6, 2015 ZONING BOARD OFAPPEALS LESLIE ICANES WEISMAN, CHAIRPERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold,NY 11971-0959 12133-1T 3/12 5 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Theodore C. Martz, Jr. (Name of Applicants) SCTM Parcel # 1000- 104-12-6.1 COUNTY OF SUFFOLK STATE OF NEW YORK • 4 (Aq q I, George Conklin residing atCalverton, New York, being duly sworn, deposes and says that: ill hyz:T-� AFFIDAVIT OF MAILINGS On the 11th day of March , 2015, I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Lelzal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or (x ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's propert . ( ignature) George Conklin Sworn to before me this 11t4ay of March 2015 �- ELIZABETH SPIESS Notary Public, State of New York (Notary Pn lic) No. 4811949 Qualified in Suffolk County Commission Expires September 30, 20.a PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • 1000-104-10-2.1 Joseph V. Zalner Judith P. Zalner 68-39 Manse Street Forest Hills, NY 11375 1000-104-10-3 Luisa Beebe Teresa Scofield PO Box 1043 Cutchogue, NY 11935 1000-104-10-4 Michael Milner Angela Tese PO Box 99 Cutchogue, NY 11935 1000-104-12-3 F. Xavier Fleming 116 Shields Avenue Williston Park, NY 11596 1000-104-12-4 Robert Jeffrey Rehm Lynda J. Rehm 665 Broadwaters Road Cutchogue, NY 11935 1000-104-12-7 Craig Cantelmo Annie Cantelmo 255 Broadwaters Road Cutchogue, NY 11935 0 xl�S�f�l ?ostal ServiceTrV1 TIFIM MAIL— RF-CFIF (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website atvvww.usps.come, C3 ru IT Total Postage & Fees [$ 6.0 T")"--- ru ni Sent To lftchue± r -q . 4-ugela.-T-eae ----------------------------------------------- C3 Street, Apt No.; or PO Box No. PO Box 99 ---IVY II g33 PS Form 3800. 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RECEIPT (Domestic Mail only; No insurance coverage Provided) MMMMMM� For livery• -USPS-Com"& or delivery information visit our website at www M rn Postage $ Ln r=1 ru s Certified Fee .30 nj ag.r. n 11M.717i r. =.. Return Receipt Fee (Endorsement Required) .70 Here M a I I 4% 1A Qn� U Restricted Delivery I Endorsement Required) M M Postage $ .69 r -q Certified Fee 3.30 ru postmark EM C3 Return Receipt FeeIs (Endorsement Required) 2.70 - re 1 C3 Restricted Delivery Fee 4d 2P C3 (Endorsement Required) ru Er Total Postage & 9:1 ru Sent7o ura-rg—uantei-mo --------------------------------------- orpoi=." 255 Broadwaters Road -- -------- ------ -- ------------------- ----- Cny, State, ZIP+4 C utchogue, NY Tf PS Form 3800, August 2006 See Reverse for Instruct S n Stre or C, t PS F 0 S 0 0 r AP 0 a' m - t x a. 3 - N 8 0 o 0 P 0 n A 4 U, Instructions U.S. Postal ServiceTM I CERTIFIED MAILT. RECEIPT (Domestic Mail only; No insurance coverage Provided) MMMMMM� For livery• -USPS-Com"& or delivery information visit our website at www M rn Postage $ .69 r=1 ru s Certified Fee .30 Pwm m� C3 C3 Return Receipt Fee (Endorsement Required) .70 Here M Fee Fee Restricted Delivery I Endorsement Required) C3 ru Cr Total Postage & Fees $ 6.69 ni [Sent To rU F•--XAY i-er__F!qqjjA9 ------------------------------------- - Sir. A� 1 ----------- F4 --- C3 �; P - �o Ineet,API 0-; 116 shields Avenue orPO Box No. -------------------------------------------------------------- zi C y j5jl� State, ZIP+ Williston Park. NY 11596 rM Fn WLVA Ail STEPHEN R. ANGEL CARMELA M. DI TALIA ANTHONY C. PASCA THEODORE D. SKLAR NANCY SILVERMAN LISA J. ROSS PATRICIA M. CARROLL JASON S. SELMONT KEVIN A. MCGOWIN CHRISTINE P SMITH MARCIA Z. HEFTER SENIOR COUNSEL WILLIAM P. MALONEY OF COUNSEL WILLIAM W. ESSEKS RETIRED • ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW March 11, 2015 Town of Southold Zoning Board of Appeals Attention: Vicki Toth PO Box 1179 Southold, NY 11971 Re: Application of Theodore C. Martz, Jr. ZBA File No. 6844 Premises: SSS Broadwaters Road, Cutchogue, NY SCTM No.: 1000-104-12-61 Dear Ms. Toth: MAIN OFFICE 108 EAST MAIN STREET P.O. Box 279 RIVERHEAD, NY 11901-0279 EAST HAMPTON OFFICE (BY APPOINTMENT ONLY) 34 PANTIGO ROAD EAST HAMPTON, NY 11937 WWW.EHALAW.COM (631)369-1700 FAX: (631) 369-2065 (NOT FOR SERVICE) Relative to the above application, please find enclosed Affidavit of Mailings for the rescheduled public hearing, together with a list of the names, addresses and parcel numbers of each recipient, along with the certified mail receipts attached. We will forward the green cards upon receipt. Should you have any questions, please feel free to contact me. /bws Enclosures Very truly your Kevin A. McGowin �f 2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Theodore C. Martz, Jr. (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000-104-12-6.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) -4GSgq AFFIDAVIT OF POSTING I, George Conklin residing at Calverton, New York New York, being duly sworn, depose and say that: U JL I JPrsomaiiy 'aced -the -To Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be March 19, 2015. Sworn to before me this 19t1Day of March 201 5 w (Notary P blic) j p George Conklin (Signature) ELIZABETH SPIESS Notary Public, State of New York No. 4811949 Qualified in Suffolk County Commission Expires September 30,20L%— * near the entrance or driveway entrance of my property, as the area most visible to passerby. Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. print your name and address on so that we can return he card t the .Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: Craig Cantelmo Annie Cantelmo 255 Broadwaters Road Cutchogue, NY 11935 q. �19r�� / _❑ Agent l ❑ Addressee B. R� v� rinted Name) C. Date of livery D. Is delivery address different ftom Item 1? 0 Yes No If YES, enter delivery address below: 3. Service Type W Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. (0 4. Restricted Delivery? (Extra Fee) ❑Yes 2. ArtloleNumber 7012 2920 0002 1337 5257 (fllrNMr from SBNICa /aben - 102595 02-M-t5s0 Dorneetic Return Receipt '„SPS Fomt 3811. February 2004.__-- r,c:11.i.9AL0i1le7dM ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ your name and address on the reverse at we can return the card to you. ■ h this card to the back -of the mallpiece, the front if space permits. tT VAddres=sed to:vleming T6 Shiel AVenue` Willistaati ark, NY 11596 Z. Ar We Number (rooster from service taboo pS Fam 3811, February A. Signature x B. Received by (Printed Name) C. Z 0 Date rrtir �� l/le�+ D. Is delivery address.different from Item 1? O if YES, enter delivery address below: 3. Service TYPO $1 Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7012 2920 0002 1337 5233 DomestMc Iftft 1- ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desllmd. ■ Print your name and addfess on the. reverse {i,z so that we can return the card to you ■ Attach this card to the back of the mailpiece, or on the front if space permits. .1 1. Article Addressed to: , Robert 'Jeffrey Rehm Lynda J. Rehm 665 Broadwaters Road y Cutchogue, NY 11935 A. ❑ Agent 0 a K m D of Deltve B. Received by ()j ,.�fo D. is deliveryaddress different from it 7 L if YE* DntS.GrY address j � � f 3. Service Type G p$ p Certified Mail ❑ Express E3 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ O.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 2920 0002 1337 5240 (Ttansfer from service taboo oc — 3811. February 2004 Domestic Return Raoeipt 10250424A -IM: r- Ir ra ru trr r% - m rrl ru C3f 0 0 ru tr ru ru ra C3 r% 1 m T m Cn ,,: c� N o.s '� Y jai E9 N W W `t b�0 N p0q v VrC�o c`o N O D a. r7HPaU 0 ■ r D of Deltve B. Received by ()j ,.�fo D. is deliveryaddress different from it 7 L if YE* DntS.GrY address j � � f 3. Service Type G p$ p Certified Mail ❑ Express E3 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ O.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 2920 0002 1337 5240 (Ttansfer from service taboo oc — 3811. February 2004 Domestic Return Raoeipt 10250424A -IM: r- Ir ra ru trr r% - m rrl ru C3f 0 0 ru tr ru ru ra C3 r% BOARD MEMBERS • Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net 6 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 5, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 5, 2015: 10:30 A.M. - THEODORE C. MARTZ, JR. #6844 - Request for Variances under Code Section 280-18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 — 1) less than the code required minimum front yard setback of 50 feet, location at: 555 Broadwaters Road, Cutchogue, NY. SCTM#1000-104- 12-6.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothO-Town. Southold. ny.us Dated: February 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARTZ, THEODORE # 6844 SCTM # : 1 000-1 04-1 2-6. 1 OVARIANCEm SUBDIVISION YARD SETBACK REQUEST: SUBDIVISION/LOT SIZE ADDITIONS/ALTERATIONS DATE: THURS. MARCH 5 201 10:30AM If you are interested in this project, you may review the file(s) prior to the Baring during normal business days between 8 AM and 3 PM. ZONING OARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK � y � � � ` Intl, r- & AFFIDAVIT OF In the Matter of the Application of MAILINGS Theodore C. Martz. Jr. (Name of Applicants) SCTM Parcel # 1000- 104-12-6.1 COUNTY OF SUFFOLK STATE OF NEW YORK I, George Conklin residing at Calverton, New York, being duly sworn, deposes and says that: On the 13th day of February , 2015, I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or (x ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's propert . ( ignature) George Conklin Sworn to before me this 1(kl- ay of February , 2015 _ ABETH SPIESS Iic State otary Public) " No.' 811949NewYork Qualified in Suffolk County �1QQ Commission Expires September 30, 20�y y PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. • 1000-104-10-2.1 Joseph V. Zalner Judith P. Zalner 68-39 Manse Street Forest Hills, NY 11375 1000-104-10-3 Luisa Beebe Teresa Scofield PO Box 1043 Cutchogue, NY 11935 1000-104-10-4 Michael Milner Angela Tese PO Box 99 Cutchogue, NY 11935 1000-104-12-3 F. Xavier Fleming 116 Shields Avenue Williston Park, NY 11596 1000-104-12-4 Robert Jeffrey Rehm Lynda J. Rehm 665 Broadwaters Road Cutchogue, NY 11935 1000-104-12-7 Craig Cantelmo Annie Cantelmo 255 Broadwaters Road Cutchogue, NY 11935 • . "" r -(Domestic Postal ru rq For delivery information visit our websil�. ;t WWW-1sps.come MAILT. RECEIPT 3 • 30 "u (Domestic at www.usps.com., t; PG. stmark M Postage $ 2 • ] rq Restricted Delivery Fee p (Endorsement Required) U. Certified Fee 3 . 3 0 ru Postmark 2.70 ReturnRetuReceipt Fee Here O (Endorsement Required) M Postage Cr Restdcted Delivery Fee (Endorsement Required) r—i ru Q' Total Postage & Fees $ 1L� rLl ru Sent To Luisa Beebe E3 Street, Aj#ao-esa --Sea€lel-d-------------------------------------------- r� or PO Box No. PO Box 1043 --------------------------c--------------N--------1---9 ------------------------ City, State,ziP+a Cutchogue, NY 11935 PS Form :rr August 2006 See Reverse for lnstruction� t R Postal IM (Domestic Mail Only; No Insurance Coverage CERTIFIED MAILT. RECEIPT 3 • 30 "u (Domestic at www.usps.com., t; PG. stmark .- (Endorsement Required) C1 2 • ] .Here Restricted Delivery Fee p (Endorsement Required) U. =a , M M (n �� Cr' Total Postage & Fees ` - 1 M Postage $ r—i y rl_I Certified Fee 3 • 30 Cr p Return Receipt Fee (Endorsement Required) 2 • 7 0 PAtmark _ Here O Restricted Delivery Fee (Endo c?7 C) rsemen squired). ru Er Total Postage & Fee s ' ru ti Sentro Craig Cantelmo C3sheer,, t.-hmnte--Cant-elM?5-------------------------------------------- or PO Box --- No. r` ------ o ---25-5--Bsaadwatjexs--Raaa-------- City, State, ZIP+a Cutchogue, NY 11935 PostalPS Form 3800, August 2006 See Reverse for Instructions Only;CI13 CERTIFIED MAILT- RECEIPTLr) (Domestic Mail a Ln M Postagerq $ b 10 y ru Certified Fee 3.30 C1 Return Receipt Fee ¢ *"fstmark 0 (Endorsement Required) 2.70 CN Herd Restricted Delivery Fee C7 (Endorsement Required) I j ru Cr Total Postage & Feesa ru Ls I'Ll Sent To ,q Xavier F. Fleming ------------ -- - p Street, Apt. No.; ----------------------_- ------ or Po6oxN0. 116 Shields Avenue ---- - - City, State, ZlP+4 -------------- Wston Park NY 11596 :.r r.. 717, .77 M Postage $ Certified Fee W ru Vt C1 Return Receipt Fee ,��++ / Postmark C] (Endorsement Required) a%lYr / Here Cr Y Restricted Delivery Fee C1 (Endorsement Required) ru tT' Total Postage & Fees . ru ti Senrro Robert Jeffrey Rehm O sneer, Apr. r yirda - : --Rehm---------------------------------------------- �, or PoeoxNo. 465 33 -oadwaers Road City State, Z%P+4 Cutchogue, NY 11935 PS Form 3800, August 2006 See Reverse for Instructi, Postal 0 CERTIFIED MAILW RECEIPT Momestic Mail only; ri Ln . . I`- U.S...stal ServiceT. CERTIFIED MAILT,, RECEIPT IM (Domestic Mail Only; No Insurance Coverage Provided) ru Certified Fee 3 • 30 �,% STEPHEN R ANGEL CARMELA M. DI TALIA ANTHONY C. PASCA THEODORE D. SKLAR NANCY SILVERMAN LISA J. ROSS PATRICIA M. CARROLL JASON S. SELMONT KEVIN A. MCGOWIN CHRISTINE P. SMITH MARCIA Z. HEFTER SENIOR COUNSEL WILLIAM P MALONEY OF COUNSEL WILLIAM W. ESSEKS RETIRED • ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW Town of Southold Zoning Board of Appeals Attention: Vicki Toth PO Box 1179 Southold, NY 11971 0 February 19, 2015 RECEIVEt 3 % ( 1 l: ki ) I . MAIN OFFICE 108 EAST MAIN STREET P.O. Box 279 RIVERHEAD, NY 11901-0279 EAST HAMPTON OFFICE (BY APPOINTMENT ONLY) 34 PANTIGO ROAD EAST HAMPTON, NY 11937 WWW.EHALAW.COM (631)369-1700 FAX: (631) 369-2065 (NOT FOR SERVICE) BOARD OF APPEALS Re: Application of Theodore C. Martz, Jr. ZBA File No. 6844 Premises: 555 Broadwaters Road, Cutchogue, NY SCTM No.: 1000-104-12-6.1 Dear Ms. Toth: Relative to the above application, please find enclosed Affidavit of Mailings, together with a list of the names, addresses and parcel numbers of each recipient, along with the certified mail receipts attached. We will forward the green cards upon receipt. Should you have any questions, please feel free to contact me. /bws Enclosures Very truly yours , V(4 LI 1 Kevin A. McGowin 0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Theodore C. Martz, Jr. (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 104-12-6.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) qq AFFIDAVIT OF POSTING jKevin A. McGowan residing at Southampton,. New York , New York, being duly sworn, depose and say that: On the 25th day of _ February _,2015 , I personally placed the Town's Official Poster, with the date of hearing and nature of ;application noted thereon, securely upon/>property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) — facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be March 5, 2015 Q (Signature) Kevin A. McGowi Sworn to before me this 4th Day of March , 201 5 ELIZABETH SPIESS (Notary Public) Notary Public, State of New York No. 4811949 Qualified in Suffolk County Commission Expires September 30, 2016 * near the entrance or driveway entrance of my property, as the area most visible to passerby. ■ Complete Items 1, 2, and 3. Also'complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits• 1, Article Addressed to: Angele Tesl& Michael Milner PO Box 99 Cutchogue, NY X by C. D. Is"" address different from Iff /vgent item 1? [3 N� (Osqq If YES, enter delivery address below: 11935 T3. Service Type Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArWle Number 7012 2920 0002 1337 5134 M nsfer from service isben r-�� 102595-02-A�k76W A Form 3811, February 2004 Domestic Return Receipt — a ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ■ Print your name and address on the -reverse so that we can return the cans to you. ■ Attach this card to the back -of the mailplece, or on -the front if space permits. 1. Article Addressed to: isa Beebe resa Scofield Box 1043 tchogue, NY 11935 A. Signa re q Agent X 0 Addressee B. Recelved by (Printed Name) C. Date of Delivery D. Is delivery address.different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 1 certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7012 2920 0002 1337 5127 (transfer from service hftQ PS Form 3811, February 2004 Domestic Return Receipt __ 102595.02 -M -i110 , ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1, Article Addressed to: A. 0 Agent r eceived by �rinted Name) C, Date of Delivery s delivery address different from Item 1? 0 Yes YES, enter delivery address below: ❑ No IRobert Jeffrey Rehm I Lynda J. Rehm 665 Broadwaters Road Cutchogue, NY 11935 3,servlceType Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2.. Article Number70 12 2920 0002 133? 5189 (Transfer from seMoe fabeq - pe Form 3811. February 2004 Domestic Return Receipt 102695-02-M-1540 j UWA "AA�S STEPHEN R ANGEL CARMELA M. DI TALIA ANTHONY C. PASCA THEODORE D. SKLAR NANCY SILVERMAN LISA J. ROSS PATRICIA M. CARROLL JASON S. SELMONT KEVIN A. MCGOWIN CHRISTINE P. SMITH MARCIA Z. HEFTER SENIOR COUNSEL WILLIAM P. MALONEY OF COUNSEL WILLIAM W. ESSEKS RETIRED • • -k �Sq q ESSEKS, HEFTER & ANGEL, LLP COUNSELORS AT LAW MAIN OFFICE 108 EAST MAIN STREET P.O. Box 279 RIVERHEAD, NY 11901-0279 EAST HAMPTON OFFICE (BY APPOINTMENT ONLY) 34 PANTIGO ROAD EAST HAMPTON, NY 11937 WWW.EHAIAW.COM (631)369-1700 FAX: (631) 369-2065 (NOT FOR SERVICE) March 4, 2015 Hand Delivered Town of Southold Zoning Board of Appeals Attention: Vicki Toth PO Box 1179 Southold, NY 11971 Re: Application of Theodore C. Martz, Jr. ZBA File No. 6844 Premises: 555 Broadwaters Road, Cutchogue, New York SCTM No.: 1000-104-12-6.1 Dear Ms. Toth: In connection with the above application, please find enclosed Affidavit of Sign Posting, together with 5 return receipt green cards. Should you have any questions, please feel free to contact me. /bws Enclosures Very truly yours, Kevin A. McGowin ■ Complete Items 1, 2, and 8.'&o compiA. Signature M XAy; Item 4 if Restricted Delivery Is desired. �+]yc�am ❑ ■ Print your name and address on the reverse 'V dre �that wa�¢¢aan return the card to you. B. Received by (Printed Name) ate o ttach this bard to the back of the malipiece, r on the front If space permits. 10 D. Is delivery address different from Item 1? r-11ta Addressed to: If YES, enter delivery address below: 13No ier F. Fleming 116 Shields Avenue � Williston Park, NY 11596 3. Service Type XXCertifled Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7012 2920 0002 1337 5158 Mansfer from sendca /aW PS Form 3811, February 2004 Domestic Return Receipt 102585.02-M-15 0 W Complete items 1, 2, and 3. Mao complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the revelso that we can return the card to you. ■ Attach this card to the back of the mailpl or on the front If space permits. 1. Article Addressed to: t X: Joseph V. Zalner., Judith P. Zalner 68-39 Manse Street Forest Hills, NY 11375 A. SInature X $❑Agent 4�i ❑ Addressee BL R ed by (Printed Nam;) C. Date of Delivery J '1T]V_l ct� D. Is delivery address different from Rem 1? ❑Yes If YES, enter delivery address below: ❑ No 3. Service Type V Certified Mall . 0 Express Mail ❑ Registered ❑' Retum Receipt for Merchandise ❑ Insured Mail © C.O.D. 4. Restricted. Delivery? (Extra Fee) ❑ Yes 2. Article Number" 7 012 2920 0 0 0 2 1337 5110 (Tiar►sfer from service /abeQ P5 Form 3811, February 2004 Domestic Return Receipt 102585.02-M•150 41z1, �t) STATE OF NEW YORK 0 ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of February, 2015. Principal Clerk LEGAL NOTICE SOUTHolm TOWN ZOMNG 1e this day of 4 AAv-� 2015. BOARD OF APPEALS THURSDAY.HARL1164M PUBLIC REAR1011111 NOTICE IS.HEREBY GIVEN, pur- suant to Sectio 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on T_ HuRsDAYM-ARCH S.2o15. 930 A M.. SOX MMSM LAND, WAPE, INC #6822 - (Adj. from 1/8/15) Request for Variances from Article XV, Sections 280.64A and 280-63 and the Building Inspector's November 5, 2014, amended December 1, 2014 Notice of Disapproval based on an application for building permit to construct a commercial building for landscape contractor's yard, at; 1) less than the code required front yard setback of 100 feet, 2) less than the code required minimum rear yard setback of 70 feet, located at: 67575 Main Road (aka State Route 25) Greenport, NY. SCTM#1000-52-5-58.3 9M AAL - GER Lb STAGG #683.4 Request for Variance from Article III Code Section 280.15 and the Building Inspector's November 6, 2& Notice of Disapproval based on an application for building permit for accessory in -ground swimming pool, at; 1) location other than the code required rear yard, located at: 7500 Nassau Point Road (Goldfish Pond Road, not open) Cutchogue, NY. SCI'M#1000-118-373.1 1010 AX - ANDREAS PAVLOU 9W - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's October- 3, 2014 Notice of Disapproval based on an application for building permit for additions and altera- tions to existing single family dwelling, at; less than the code required minimum side yard setback of 15 feet, located at: 1335 Sound Beach Drive (Central Drive) Mat- tituck, NY. SCT M#1000.106-1-29 m3o A NL = THEODORE C MAR- jZjg, MW for Variances un- der Code Section 280.18 and the Building Inspector's December 1, 2014, Amended January 28, 2015 Notice of Disapproval for a building permit for a subdivision and additions and alterations to create a single family dwelling, at: Proposed Lot 1 - 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, Proposed Lot 2 -1) less than the code re- quired minimum front yard setback of 50 feet, location at: 555 Broadwaters Road, Cutchogue,NY. SCTM#1000-104-12-6.1 1050 AM NA -KO and SOSE RIO #6&16 - Request for Variance from Article XXIII Section 280.124 and the Building Inspector's January 9, 2015 Notice . of Disapproval based on an application for building permit for Was built' addition to existing single family dwelling, at; less than the code required rear yard setback of 35 feet, located at: 400 East Road (corner Inlet Drive) Mattituck, NY SCTM#1000- 106-3-2 6M 41,78. 6204 LLC, - Request for Variance from Article XXII Section 280- 105C the Building Inspector's December 15, 2(114 Notice of Dia%Vroval based on an application for building permit to con- struct 8 foot high doe.&= around entire four lot sub -division, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 6213,6291,.6278,6204 Oregon Road (adj. to Long Island Sound) Mattituck, NY. SCTM#s10(10-82.2.3.1,3.2, 33,3.4... 11.30 &U . ROBERT a d BETH FLIJOTp#6834N611i4 - Request for Variances from Article X III Section 280-124 and the Building Inspector's-Deeeanber 19, 2014 Notice of Disapproval based OR an application for building permit for ad- ditions and alterations (secon4 story) to existing single family dwelling; at; 1) Was than the code required minimum hoed yard setback of 40 feet, ;2} leas than dee code required minimum.side yard u0sit of 15 feet, located at: 275 West Read (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000.110.7-11.1 .M& is a request under Section 280-146D lice an Interpretation of the Town Code, A" da XIII, Sectiori 280.56, "Bulk Schaftle", appealing the BuildingInspector's Dar cember 11, 2014 Notice of Disappsuwl for demolition and construction of aIgW single family dwelling (residential vo in MU Zone district required side psd setback, located at.. 200 East Mill Read (adj. to Mattituck Creek) Mattituck, NY. SCI'M#1000-1064-5 1:70 Eft - MARK EING-#6542-Re- quest for Variance from Article XIII Seo - don 280-56 and the Building Inspector's December 11, 2014 Notice of Disapproval based on an application for building per- mit for demolition and construction of a new single family dwelling, at; less than the code required side yard setba* of 25 feet, located at: 200 East Mill Road (adj. to Mattituck Creek) Mattituck, NY. SCT M#1000=106-4-5 JAS PM_ - MARY ROMAN mid EL. MARY #AM - Request for. Variance from Article XXII Section 280- 105C. the Building Inspector's December 23, 2014 Notice of Disapproval based on an application for building permit to con- struct 8 foot high deer fence, at; 1) 8' deer fence proposed in location other than side and rear yard, located at: 740 Poquatuck.. Lane Orient, NY. SCTM#1000-27-3-45 The Board of Appeals willheir all per- sons or their reprosentative4desiring to be heard at each hearing, and/or desiring to, submit written statements before the con- clusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regu- lar business hour's and prior to the day pf the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: k;,gbth®Town southotd nyus Dated: February 9, 201.5 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12115 -IT 2/26 CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06105060 Qualified In Suffolk County My Commission Expires February 28, 2016 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, March 5, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with .property numbers enclosed), vacant or improved, which abuts and any property which. is across from any public or private street. Use the current owner name and addresses shown on. the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. --If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to .obtain.-a-mWHl o -ad ss-or-to--deliver-the-lett-#a #be_zwent-owner,: to_.the-best:of-_Wur-abi ...:..:::.. and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than February. 23rd:, Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office: When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantlagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 3, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 28, 2015 44 Matiling Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 E i 44f L' l ; N SUBJECT: Request for Comments ZBA # 6844 MARTZ, Theodore C. Jr. The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX # ZBA# HEARING CODE DATE OF PREPARER DATE ZONE SECTION STAMPED OF SURVEY SITE DIST PLAN Martz, 1000-104- 6844 3/5/2015 Art IV Sec 280- November Kenneth M. Theodore C. 12-6.1 18 6, 2014 Woychuk Jr. Land Surveying, PLLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. 0 9 Office Location: QF $Q(�ryOl Mailing Address: Town Annex /First Floor, Capital One Bank ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 GSD Q Southold, NY 11971-0959 i http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 28, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6844 Owner/Applicant : MARTZ, Theodore C. Jr. Action Requested: Subdivision and additions and alterations to an existing building to create a single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Les ZB/ By: Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider April 3, 2015 Anthony C. Pasca P.O. Box 279 Riverhead, NY 11901 pF SOUr�,o� h O INT`11Ncr� http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application #6844 - Martz Dear Mr. Pasca: Transmitted for your records is a copy of the Board's April 2, 2015 Findings, -Deliberations and Determination, the original of which was filed with the. Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, �Ik.JK-1 Vicki Toth Encl. Cc: Building Dept. '�kc-)nrt, Cn�` a CREEK N Mw sor 4 ood OP 0 VAX Lod amaou. Mo 4 ,n vnas, I y vv .,r. oe,.n © L � o OROAMATERS COVE / o ' / 3 y ya� TOWN OF SOUTHOLD 1 O , t NVMWIFAA LAM _ � 11.YIC1 Ll SAW 3.OYCI � d 44 ow r for l ' p �' ' I \=1 I a► r. w o. o' °" p1° '1.� a CA +� A ♦ ��\ t a. �] / as 0 r 00 ILI nSECTION N COUNTY OF SUFFOLK Q x`` 13 ,'•°i SOUTHOLO !'�" NOTICE r_.. �_..t.,. l..nn�v G w.14 1� 1 A A