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HomeMy WebLinkAbout6851 ht i *5330 1'4 G/a/-Os BOARD MEMBERS OF soar Southold Town Hall Ldslie Kanes Weisman,Chairperson ��' y® 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank -George Horning �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�coUm�1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD �� �� Tel.(631)765-1809•Fax(631)765-9064 AN 2 9 2015 n" uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 16,2015 ZBA FILE 6851 NAME OF APPLICANT: Kenneth and Joann Zahler SCTM#1000-40-1-20.2 PROPERTY LOCATION: 63735 County Route 48 (aka North Road) (adj.to Long Island Sound) Greenport 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 March 11, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact; LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 24, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Premises is improved by a new two story home under construction. The, parcel is 2.72 acres, located in a R80 Zone District. The premises has 150.29 feet on L.I. Sound to the north west, 919.05 feet westerly side, 976.71 feet on the northeasterly side and 127.63 feet on southerly side on CR 48. The home is accessed via a shared driveway by the applicant and the owners to the west and the easterly side of the subject property, each of which have separate rights of way branching off of the shared driveway access, all shown on a survey produced by Nathan T. Corwin, III,LS, dated September 5,2015 last revised July 16,2014. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-105C3 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct a deer fence, at; 1) deer fence proposed in location other than side and rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an 8 foot high deer fence in the front yard where the code allows side and rear yard locations only with a permit obtained from the Building Department. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. At the hearing, the applicant was asked to reduce the amount of deer fencing that was proposed in the front yard area and to increase the setback from CR48. The applicant was asked to set the fencing closer to his Page 2 of 3—April 16,2015 ZBA#6851—Zahler SGTM#1000-40-1-20.2 dwelling thereby removing several hundred feet of proposed fencing in the area where both neighbors to the east and west enter and exit their respective parcels off of the shared ROW on the applicants' property. On April 7, 2015 the applicant submitted a letter and copy of a survey with a new plan reducing the perimeter of the proposed deer fencing. The proposed new plan submitted, is increasing the setback of the fencing to approximately 400 feet +/- inland from C.R. 48, however still in the front yard. By increasing the distance of the deer fencing, there will be less visual impact from the County Road. ADDITIONAL INFORMATION: There are prior variance applications on this property under a prior owner and none were acted on. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2, 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 variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deer fence will be located approximately 400 feet from a public road(CR 48). Safe access to the two adjoining parcels will NOT be affected by the fence location as amended. The applicant proposes to install evergreens and additional landscaping along the fencing to further screen the fence from public view off CR 48. The deer fencing as proposed in the amended application is setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant cannot erect deer fencing anywhere on his property that is in a front yard location, regardless of the proposed front yard setback,without variance relief. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the substantiality is mitigated in the amended application by reducing the amount (depth) of deer fencing in the front yard, increasing the setback from a public road, and installing landscaping that will visually screen the deer fencing in the front yard from CR48 and the adjoining properties 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed deer fencing, as amended, will have virtually no visual impact on the adjoining properties or CR 48, a public road. Safe ingress or egress to dwellings owned by the applicant and the adjoining property owners will not be adversely affected by the location of deer fencing in a front yard, as amended. Access to the 3 electric meters on the applicant's property that service his own and the two adjoining parcels will remain on the outside of the fencing, as shown in the amended survey/application, leaving it available for meter reading. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief as amended is the minimum action necessary and adequate to enable the applicants' to enjoy the benefit of deer fencing in part of the front yard area while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to Page 3 of 3—April 16,2015 ZBA#6851—Zahler SC1f M#1000-40-1-20.2 DENY, the variance as applied for, and shown on the Survey with the fence hand drawn prepared by Nathan T. Corwin III,LS, dated September 5, 2015 last revised July 16, 2014, and GRANT the variance relief as Amended as shown on the survey date stamped received on April 7, 2015 by the Zoning Board of Appeals showing the proposed deer fence at 400 +/- feet from CR 48 and the applicant's letter dated April 7,2015. Subject to the following condition: CONDITION: 1. The applicant must submit a final survey to the Board of Appeals showing all improvements on the parcel, including all deer fencing, as granted herein and described above 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),Horning,Dante,Goehringer.Absent was Member Schneider. This Resolution was duly " /pted(4-0). I ` Leslie Kanes Weisman, Chairperson Approved for filing /_j. /2015 _5 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson O��QF SOVr�QI 53095 Main Road• P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantesst Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �'�y, s a0 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®(f(�(� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 October 6, 2016 Kenneth B. Zahler 63735 Route 48 Greenport,NY 11944 RE: Request for De Minimus determination,ZBA# 6851 Dear Mr. Zahler: I have reviewed your letter, dated September 29, 2016,requesting a de minimum determination in the above referenced Zoning Board of Appeal's decision.. The relief requested in that decision was granted as amended to establish a 400 foot front yard setback from C.R. 48 in order to erect 8 foot high deer fencing in your front yard and along the perimeter of your property, as depicted in the approved survey date stamped April 16, 2016. In your letter you,now request a de minimus determination to permit as built 5 to 6 foot high fencing around the in ground swimming pool located in your front yard, while the code permits 4 foot high fencing. Included with your letter is a copy of the survey approved in ZBA#6851, showing the location of the approved deer fencing and the as built 5 to 6 foot high pool fence. On October 6,2016 I reviewed your request with the members of the Board of Appeals. Based upon the information provided and my discussion with the Board, I have determined that the 5- 6 foot high as built fencing located on the south and east sides of the swimming pool is de minimus in nature, since the height previously approved for fencing at those locations has been reduced. However, that portion of the as built fence surrounding the north and west sides of the swimming pool is not de minimus since it increases the amount of non-conforming fencing in the front yard. If you wish to maintain those sections of the non-conforming as built fence, you should apply to the ZBA for additional variance relief. Please contact our office if you have any further questions or concerns. Sincerely, Leslie Kanes Weisman Chairperson CC: Michael Verity, Chief Building Inspector Kenneth B. Zahler 63735.Route 48 Greenport, New York 11944 Office: (631) 369-0200 Fax: (631) 369-0199 Cell: (631) 495-1093.E E-mail: kbzl948(cr�,Gmail.com REcEAJE® SEP 8 0 2096 5 Zoning Board of Appeals ZONING BOARD OF APPEAL Town of Southold Southold, NY 11971 Re: Deer Fence permit#39778 September 29, 2016 ZBA File 6851 Leslie Kanes Weisman, Chairperson Dear Ms. Weisman; I was granted a variance to construct a deer fence pursuant to they two referenced'numbers captioned. I also received a permit from the building department to construct a swimming pool which proposed location is on the enclosed survey. The pool fence is shown in red on this survey. Since I had a permit for deer fencing and a permit for a pool I made the fence around the pool of a type accepted for pools and taller than four feet since I had a deer fence permit. I have been denied a C.O. for the pool because the fence exceeds four feet. It is less than eight feet but over four. We intend to install additional deer fence in the near future as permitted but need at this time to get a C.O. for the pool. I do believe that this falls under the right of the Board to substitute a similar design that does not increase the degree of nonconformity-. I respectfully request a variance for this fence portion at this time. Very Trull Yours, Kenneth B. Zahler SURVEY OF LOT 2 5 1 drat OF PROPERTY /jJ u ANTHONYrRc SALLY PIRRERA GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY. NEW YORK s c nu[Na 1000-AG-m-2o z SCA[[ / MC �P S SF.uo�,R�y520,! `.... .�� / f �`�• NOtt�rano=,..[AQNirK�,��r�a„,a.nn ;,R --------------- v •/f ,�� / z RuaR rR nm u.v tae*[si,m,c ea,t f � i uw..uu svrrc uw uvaan[z too.rs xaaC a, / {r � ..uw uaoew s.sr[u ne.aamm.wos[a saa.R so[uau urs �wwr.,Y ao,e•cs u ,©.moro:m r nw a.mar Aw sw+v.R:uw Aa[mor rmn you[evAmns A.O/oR au oernwm rnw auim. a{ _ LteCEIVED 0 i SEP 8'0 2Q96 p ZONING BOARD OF APPEALS ro Ar. ,rc�r �'•w« 19, Mc a _ � Hwy TES R01X04TA BId9L coDY from ZBA r fl"l renewed daa[men(ts/ ZBA �YY 1 A Date: v 1yiM1` I c r•-• ~••,r+-� �4•M• ��•• �.R CK o1Wr1 oCTu[ — ` - �- Nathan Taft Corwin IA I _ Land Surveyor i' -..:r �' ��—• I h����� a ,Krn-xraWa� � r...sc. Kenneth B. Zahler 123 Maple Avenue „�j Riverhead, New York 11901-4674 (i� Telephone: (631)369-0200 -Facsimile: (631)369-0199 E-mail: kbzl948@Gmail.com RECEIVED APR _ 7 2015 ZONING BOARD OFAPPEALS Southold Zoning Board of Appeals Re: #6851 April 7, 2015 Ladies and Gentlemen, The amended proposed deer fence layout delivered this morning should have an additional explanation. The southerly line of fence has a jog in it for a reason. There are three electric meters mounted on a single structure on my property which serve houses to the east and west of mine in addition to mine. I propose that the fence go around the meter leaving it available for reading outside the fence. The fence is placed so that the meter can be screened with vegetation planted inside the fence so that the shrubs are protected from being eaten by deer. This layout also allows a gate to open without hitting the meter or transformer. Very truly yours, Kenneth Zahler FINAL MAP REVIEWED y SEE DECISION DATED SURVEY OF LOT 2 AMP Or PROPERTY ANTHONY & SALLY PIRRERA FILE No. 8758 FILED JANUARY 7. 1989 i SITUATE GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-40-01-20.2 SCALE 1"=40' 4� SEPTEMBER 5° 2013 pEP� PAY j 2011 FODNDA?!Dw LaCAT10N �i JULY 1,2014 ADD DRA`f.WAY DR MPOE � 0\ AREA = 118,485 sq. ft. 502.720ABSTRACTS INCOORATED ac. �0 ti� CERxjF16D TD: hyo FIRST AMERICAN TITLE INSURANCE COMPANY KENNETH B. ZAHLER JOANN ZAHLER �� s6 / +¢ 1. ELEVATIONS ARE REFERENCED TO N,G,V.D. 1929 DATUM a / EXISTWG ELEVATIONS ARE SHOWN THUS:J51 EXISTING CONTOUR LINES ARE SHOWN THUS: -------35------- �' f:FE.- FlRST ROW To. - cane`r,mn To. mr DY ar.Ymnu+ tr` as.- EwTre �r BUNNrM � a+r- EAimil c�rRnu 2. REFER TO FILED MAP FOR TEST HOLE DATA. ap / 3. MINIMUM SEPTIC TANK CAPACITIES FOR 4 BEDROOM HOUSE IS 1,200 GALLONS. %/ 1 TANK; 8' DIA.4' DEEP 4. MINIMUM LEACHING SYSTEM FOR 4 BEDROOM HOUSE IS 300 sq 1f SIDEWALL AREA. I POOL; 32' DEEP. 8' di.. / PROPOSED EXPANSION POOL , Q PROPOSED LEACHING POOL / r l PROPOSED SEPTIC TANK S, THE Z LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD U `, OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. IC / + 2 jr 4L ` s(' 7 ° l I ` R L ACT-, 69 0k 1dFsgA �* e4 A- '0 \ 1 � P0;- WE dLr Avee 4o� tl 1 k ell i " o / b 6'4r ' f14 Y \` FINAL MAP �HOLE DATA TES �Y ZEA REVIEWED,T' �''�:`;:' <� r° �.� �� �� (DY OTHERS MOJ UWR 7.2000) `" (� •+, 6� oR' I.0 f� 131•k 8:88171 I. ,�. , E D E �,tlAUl S y° DATE — -- ME M.1 1.W. tia �C, QIt4flidC ('/ECUtATl➢NS• �' 0 O� MCC a6BS 6x8.66 RU.n./1Z2 c .Mill M1 6•db.<N1rcrvx pool rw6eN PRDPmC!21 D'db.k e'No Np1+sit»si 0.00 Pa4lS -P-r nu k a'M,DPM- --O,r ANE SrgWW 1NU6: 0 x.000 q.i1.k aw wd .N,RA al N.1r➢e' PWVI➢E(I)6'db,Y e'HE,ORM MAIN WDa WTI TdtNCw P.M.DEUTALE nAp n.PP1. G.4VAY 1REA 21 LOW<¢.!!, -fCR EI.CW USE Br 1N[NEW 1E0'Of OW"'T Ar 6'-=axon w.n- mtc AEsticx,rS.N, £O�YlB(yh vAanND ANu ar�cr.,,BB➢.a.n. g�` IAFT C 1DUNl=4.680<e.a. � 0'�,\`t• TYPICAL STORMWATER UNIT Aw w.,e,k➢.rT=ma<a N. H- 4 IEACI6l O WU M ar N'-r R r DEEP rcwc I MN AT 1.114W .a.4<!,.n,reY U-11, (TOPS YD B£SRATFr;DEAfSNa) 818<w N./-_n..126 UPCPR FEET CT FR[I0.9I.1.YMl (NOT TO SCALE) '-CTC(1)P.dLs Y 7 hP'P STM Do.Wal.WRN TEEIiCN DRAIN A6eaR-R CF,Ct f<I6CP1rRf 961516 1Y%£(dM6 na5laro➢RMF .............X Nnrt?C11ClD CDNC CbTN e,curt REYAN'u NU9 ��� sawl1' P>e rRCW Rwr ourrtRz a.v FRENCH(NOT DRAIN ALIL LA CE) ..5 Lt.ND?0847 -- o4UYTAillA1 ev C °N Nathan Taft Corwin Ill ECC" m a—Er mtt sure IffC11ARSE Eaw✓.TAa~IAw,r=ONL Fall aF m9—y P.NDf.r a Land Surveyor e huemE,n°PN°iar,aTt. IKVP0 EunTrDTa INps ETst cR a_e. .ma ru n»ns a,� } ,Yerrau srx v<Nz wr e<caWYer.m < e„N, m eE n sxc tYtc Erol -EiLttgN4 NDEA3ED NENE4M'ri14p RW S!1¢C6STM Ta:SO-Pk J.11 M.I.Jr.LS. del Pl 1 �ba Nn �ll�C�c.CY JMCPr�A Mg,^L5. Yna CP a C.,CCmAr<,tM+l-M(arr nnR TRM 3m1g9-SWe�rikixn/-3;16"- - fnn6taeGon'Wm -4- al_cERrxT:..n*na NDr rwas,ENxa.E. PHONE(631)737-2090 Rak(63:)727-1727 aouxe Nnt! DFJYCS WrATEV AT W MG n0mess 1lfE LiFIST[YC[ar 1-Dr-SIS96 Wb Road P.O.Bal 16 AND/INi EA4EYEN19 D/R[COR➢,a GROUND NATER ANY.Ntli END„M ANE NaT DWRANR[D. Jwnoopwl.P*.Ya4 11947 .lamoPAan.Nn YR,h 11947 � OFFICE LOCATION: ���� yOlo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 ' 54375 State Route 25 Southold, NY 11971 r. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 N �r G Q Southold, NY 11971 �. • �O LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM R ` S� cEIvEn MAR 24 2015 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals ZONING BOARD_OFAppEAL From: Mark Terry, Principal Planner ; LWRP Coordinator Date: March 24, 2014 Re: Coastal Consistency Review for ZBA File Ref KENNETH and JOANN ZAHLER#6851 SCTM#1000-40-1-20.2 KENNETH and JOANN ZAHLER#6851 - Request for Variance from Article XXII Section 280-105C3 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct deer fence, at; 1) deer fence proposed in location other than side and rear yard, located at: 63735 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records.available to me, it is my recommendation that the proposed actions are CONSISTENT with the LWRP policies-and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney COUNTY OF SUFFOLK IR" i Steven Bellone SUFFOLK COUNTY EXECUTIVE D Department of � � Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment ------------------ ----------- ---- -------- ----------------__March 11, 2015------ ---- --------- ---- - -- - - ----- ---- Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY .11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number F1 Moss LLC/O'Leary, Dennis #6846 Manfredi,Richard #6848 FHP Enterprises Inc. #6849 Zahler,Kenneth #6851 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 RECEIVED FORM NO. 3 FEB 2 5 2015 NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: January 5, 2015 TO: Kenneth Zahler 63735 Rt. 48 Greenport, NY 11944 Please take notice that your application dated December 17, 2014 For a permit for a deer fence in the front yard at Location of property: 63735 Rt. 48, Greenport, NY County Tax Map No. 1000 - Section 40 Block 1 Lot 20.2 Is returned herewith and disapproved on the following grounds: The proposed front yard deer fence is not permitted pursuant to Article t, 280-105 which states: C-3 Deer fencing is prohibited in or along the front yard of any property. Authorized Signature TOWN ®f SOUTHOL® OFFICE OF BUILDING INSPECTOR Town Hall Annex Receipt No.- 86123 Southold, New York 11971 I Date i Re eived of L° 2 n �^ /1 OODollars For G _ o { Fee for Fee for Fee For Fee for Fee for Certificate Electrical ❑ Sign ❑ Flood Development Pmt. ❑ Building Permit ❑ of Occupancy ❑ Inspection ❑ Cash �(� E-1Checb ` `' $ 51) 0 - Building Department 4' " 11ECEI1/ED FEB 2 5 2015 Fee:$ Filed By: Assignment No. 7044v-BOARD OF AppEAl APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 01"3 Tye, -AREA VARIANCE House No. Street �449" Hamlet SCTM 1000 Section fzBlock L Lot(s) -2i552e �4 Lot Size '2- 2*r4!Z, Zone I(WE) AP EAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ­; �- BASED ON SURVEY/SITE PLAN DATED —/ Owner(s): L r�x;l Mailing Address: �� 4epG1-c- Telephone:7- ` r3//X 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: for( ) Owner( )Other: Address: Telephone: .... Fax: Email _ Pleas check to specify who you wish correspondence to be mailed to,from the above names: / ( pplicant/Owner(s), O Authorized Representative, O Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED V and DENIED AN APPLICATION DATED 5—F OR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: .P � Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbtps.Do not quote the code.)fl. ! " � Article: s " Section: 0 d, - Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law- Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal W has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s).-*4q& V Year(s). 4-oul . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# v,- �33u (3v��.) ems.. C RECEIVE ';� FEB 2 5 2015o Name of Owner: ZBA File# ZONING BOARD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be producecl in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: G �� f��pS -�� / ��•� 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: 8 r� Id- ��j- �' I—A-e' 01 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: A�'/� e� 5.Has the alleged difficulty been self created? { } Yes,or f&No Why: Are there any Covenants or Restrictions concerning this land? o { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. a 1 Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo efore Mme this I day Of JAMES McMANMON NOTARY PUBLIC,Stat®of N®W York Suffolk County Reg. No.4997 Notary Pub c Comm.GO=Feb. 70,20 APPLICANT'S PROJECT DESCRI- __ON APPLICANT: ZOZ/-DATE PREPARED: �C o�?51 RECEIVED 1.For Demolition of Existing Building Areas ,�/ lease describe areas being removed: FEBS2 5 201" APPEALS II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: G �-- Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If ye lease provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural hanges) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IVCalculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by buil in area. V.Purpose of New Construction: G-Q- y'eon VI.Please describe the land contours (flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the Pifficulty in meeting_0fe code requirement(s):.l C G r Qi j' S Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 4 QUESTIONNAIRE ���� FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? FEB 2 5 2015 Yes zl:'—'No ' BONING BOAR®OF APPEALS B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. n C. 1.)Are there areas that contain sand or wetland grasses? J 2.)Are those areas shown on the survey submitted with thi application? 3.)Is the property bulk headed between the wetlands area and the upland bui ng area? O 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and i#pfroved survp 7� D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �2„�2 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?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 takingplaceat-this-time-concerning your premise21ding If yes,please submit a copy of your building permit and survey as approved by the Department and please describe: /�2.e ij/ 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?�� If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use _ 94 (ex:exis ng single f ' ,proposed:same with garage,pool or other) l�e— Authonized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT FEB 2 5 2015 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD .ZONING BOARD OF APPEAL, 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 239/m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: 3. Name of Land Owner(if oth r than Applicant): 4. Address of Land Owner: 5. Description of Propond Project: Afq—{^ 01, � G �- 6. Location of Property: (road and.Tax map r number) �L ''�f/ Ll •� -2- 7. Is the parcel within 500 feet of a farm operation? { } Yes ;,YNo 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. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Pp Signature of Applicant Date g 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 RECEIVER Appendix B Short Environmental Assessment Form FEB 2 5 2015 Instructions for Completing ZONING 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 ofA tion or Project: Project Location(describe,and att ch a location map): Brief Description of Proposed Action: / X t r ��1^ 2 G.d �GPi _31/100- Nam of pplicant or,Sponsor: Telephone: ' Address: 4,,<2_ .S� City/PO: State: Zip Code: 1.Does the proposed action onl olve the legislative adoption of a plan,local law,ordin nce, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? o L acres b.Total acreage to be physically disturbed? .V p12e acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? Z acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial kResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland. Page l of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? (/ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �l 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is.the.proposed action located in an archeological sensitive-area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain YES wetlands-or other waterbodies regulated by a federal,state-or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?' If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: t Cyr.YI � t 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: M'Shoreline ❑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 NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? IO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly des ibe: ❑NO 11 YES 1d6a_i Page 2 of 4 ZONING BOARD OF APPEALS ( 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? K If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: / 1�i �i ��' Date: 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 l 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?" 7, No,or Moderate small to large M rr impact impact may may ; r occur occur I. 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)? R CEIVED FEB 2 5 2010 0�5� Page 3 of 4 ZONING BOARD OF APPEALS No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there.is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration„irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ 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 Respons6hT&) ?5 FEB 2 5 2015 Page 4 of 4 ZONING BOARD OF APPEALS I APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. . YOUR NAME : •,.�i�` ` I �2 .� (Last name,first name, fiddle 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 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 !/ If No,sign and date below.If 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 applicantlagent/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 t DESCRIPTION OF RELATIONSHIP FEB 2 5 2015 Submitted this day of. 20 Signature ZONING BOARD OF APPEALS i Print Name RECEIVED Town of Southold FEB 2 5 2015 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS .. A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of,this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered ".yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department,, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 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: Location of action: Site acreage:. 7 z e t r e—P Present land use: f /����✓/� Present zoning classification:.__ 67 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Celly // '� � (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 ❑ No Er If yes,which state or federal agency? _4�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. KTYes ❑ No ❑ (Not Applicable-please explain) C�i �-✓ CP 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 K(Not Applicable—please explain) e0A RECEIVED FFR 2 5 2095 ZONING BOARD OF APPEALS � 1 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No E (Not Applicable—please explain) c /27 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No '((Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 1E Yes E No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6.. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria, F1 Yes No (Not Applicable—please explain) �G RECEIVED FEB 2 52015 ZONING BOAR®OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ NorX(Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No X(Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl NoXL(Not Applicable—please explain) Attach additional sheets if necessary RECEIVED WORKING COAST POLICIES FEB 2 5 2015 ZONING BOARD OF APPEALS J Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the the Peconic . Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 'N(Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural landsin the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes.❑ Not Applicable please.explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes [:1No� Not Applicable—please explain 7�S RECEIVEr FEB 2 ZONING BOARD OFf,iS APPEALS.BOARD METvIBEItS7 FU �+ Southold Town Hall Gerard.P. Goehringer, Chairman ��� G 53095 Main°.toad James Dinizio,Jr. .. P.Q.Box 1179 Lydia A.Tortora ,? Southold,New'York 11971-0959 Lora S.Collins -_.... ZBA Fax(631)765-9064 George Horning y�IO�. �� _ Telephone(651)'765-1809 BOARD OF APPEALS o b?� TOWN OF SOUTHOLD -FINOINGS, DELIBERATIONS AND.DETERMINATIOt RECEIVED - MEETING OF JULY 19;2001 ` A . I. No 4968 EOGEWATER II LLC Parcel.No. '1.000-40='i-20 2 FE.B' 6 2015. STREET&`LOICATrb '63735 C R;48, Greenport ,DATE OF PUBLIC`HE/?ekitf�lG. -July 123200 ZONING BOARD€7F APPEALS FINDINGS OF FACT pp acant lot:in•Greenport with PROPERTY FACTS/DESCRIPTION: Thea Iicaffs.property is a v . frontage.of 12$feet on.the North Road and 150 feet on the Long Island Sound,with depths.of 977 feet:(east)and 919 feef:(west) , The:approkim6te distance.from.the North Road properky line to the top of the,Sound:bluff is 810 feet(east)and 725 feet(west) BASIS OF APPLICATION: .Building lnspector's, May 1, 2001 Notice:of Disapproval,,denying a permit.to`t �iald'a.neanr,srigle-family dwelling.because the proposed'hawse;:(1);has;a:third:story,.in violation of the.2-1 !2 s#ory limit in Code Section 100-32, and (2)has.an elevator shaft higher than the:35 foot lrrtiit in Code:Sectioi i•100-32: AREA VARIANCE RELIEF RECiQE1. Appticant requests'a.variance authorizing construction af.a"single-I'ami(y:;fouae:00 i#h upperfloor area shown on architetural.plans dated 7/9161:prepared. by Ira HaseI Architect,.F?:C: ref..20210.1A.. REASONS•FOR.DOARD CTiON-•DESCRIBED BELOW: Dn;the basis"pf testimony presented, materials'submitted'aridpersonal iiispec#ion,'th'e Board'makea the following findings:: 1.The a rchitodidraf.pians show a.-third-floor bedroom suite.-of 990.sq, ft.. The ground floor footprint is 4357.sg::ft. and theaecond floor covers 2415 sq,'ft. Applicant states that fire third flt,or was designedto.comply with the-Code definition of a half story.,but presented no measurements to support-:that Staten ient: The boa rd Wil['treat the matter of the third story as a request for a variance. . 2. The proposei .ho'se.has an irregular roafiine made up.of various sloping elements with numerous:angles As.read from the plans,.the makimum:roof.Height is about 3:7-1/2 feet-while the average from: eaves to,peak is.;about 32 feet, within the 35=foot aimit;of the. Code:. T[ie.aquare €ootage of,the third floor bedroom suite,is less:than 25 percent of the'ground floor footprint;and-the presence of the third.f bbr does'not affect the compliance of-tH6 rdoflind,Vvith thoig$-foo#,timit:. 3. The proposed house has'.a large chimney-that appears from`ahe ptans, #o be,aboiit.;41- 1/2 feet N611, ;Chimneys higher than 35 feet are.permitted by Code section '100-230(4),( . The height of the elevator shaft•is`equal.to the highest roof peak, and several:feet lower.than the chimney: :ElevatFan:drawings; show the, chimney as a prominent feature while'.tle.top of the elevatorshaft is a less pro_inent'element of the irregular roofline. ` ! *ir yPage 2-July 19,2001 Al ZBA'Appl.No.4068-Edgewater II,LLC Parcel 1000=40-1-20.2 at Greenport 4. The-,.:proposed J�ause..is�.s.et;back:abopt.,50Q:#eet•fromthe..Nc�r#l�:.Road:and has.side.Xar�is w.; . h -• , of 20:and"25:feet..::T. rio:evidence.that the,-les gn'orsrtrr' of the#souse:pQses:any,•tl rQ t{q the character of the area. 5. Based on the foregoing factors,the Board.concludes that grant of•the requested v."l pce will not produce an undesirable change in the character'of the neighborhpod or detriment to nearby properties. 6. There is.no evidence.that grant.of1he' requested variance will have an adverse effect or ..impact on.physical or environmental:conditions: j 7.-The.action.set forth,.below is.the-min to enable applicarntto build a,heuse j in accordance with his plans.while-preserving.:and.protecting the character:bf the:neigFit orf ood and the health, safety and welfare of the community. RESOLUT.IONlACTlON: On motion by MemEaer.Colllns.,.secondwi b..y Member pinizio, itwas:. RESOLVED,-to GRANT the application as applied for, ,authorizing construction. for. the house as proposed with a third-floor.bedroom suite and,elevator shaft shown on:the architectural house plans,dated.7/9101, SUBJECT TO THE CONDITION that.a comprehensive fire-prevention system must be operative throughout.the house.atall times. (inddor . sprihkl er systei0.: This action does not authorize or_condone,any current or future use, setback or other feature of-the.subject property.thatviolates.the;Zoning;.gode, other,tkxan;such.uses,asfbacks.and other-features.as are expressly addressed in this action.. Vote of the Board: Ayes: Members Goehringer.,.(Chairman), 'Di.nWo.'fortora, and Collins. This Resolution was duly adopted(4-0). R' .P. GOE•.RIN ,.C. IRMAN. I VED AND .SOT1`THQ. '' O�F,Iid CL Tom, 'D (a� •. . RECEIVED 'down �egti; iovm of FEB2 5 2015 i ZONING BOARD OF APPEALS I IRV i . .. ......•':a . •.......... ..,... i, .•. a:':': .r.i,$;iidtn ti;'. : .tom.,,...,_..'rt . ..•,.a.'. , ':r.: :{;::'wddRd� iEitoQ,',L' 00 APPEALS BOARD MEMBERS �Q$UFft1(�►�' � �p 4Gy� Southold Town Hall 4 Lydia A.Tortora, Chairwoman 53095 Main Road co Gerard P. Goehringer cc P.O.Box 1179 George Horning O Southold,New York 11971-0959 Ruth D. Oliva y�o a0� ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED (- FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 10, 2003 JUL 2 9 2003 Appl. No. 5330- EDGEWATER.II. LLC 6, r` QLr�� f :E Property location: 63735 C.R. 48, Greenport; CTM 40-1-20.2. Southold Town Clerk 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet (east line)and 725 feet (west line). BASIS OF APPLICATION: Building Department's March 11, 2003 Notice of Disapproval, citing Section 100-32, in its denial of a building permit to construct a new dwelling with a third story, instead of the code limitation of 2-1/2 stories and/or exceeding 35 ft. maximum height. (Note: Building Permit #27980-Z was voided by the Building Department based on a different dwelling design and construction details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant has revised the construction design of the proposed single-family dwelling as shown on the 'Job No. 209902' Plan, Sheets A2-1 and A2-2, prepared by Ira Haspel, Architect, P.C. The third level design was revised by applicant to 1138 sq. ft. for the third-floor bedroom suite, instead of the previous request of 990 sq. ft. REASONS FOR BOARD ACTION:. On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The architectural plans show a third-floor bedroom suite of 1,138 sq. ft. The ground floor footprint is 3,458 sq. ft., and the second floor covers 2,041 sq. ft. The presence of a third floor does not affectBIVED FEB 2.6.2015 ZONING BOARD OF APPEALS Page 2—July 10,2003 Appl.No.5330—Edgewater 11,LLC 40-1-20.2 at Greenport compliance of the roofline with the 35-ft. limit. Applicants state that the third floor was designed to comply with the Code definition of a half story, but presented no measurements to support the half story. The Board will treat the matter of the third story as a request for a variance. 2. The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. limit. 3. The requested area variance is substantial since 35 percent of the house is based on a variance to complete the third floor. 4. The difficulty was self-created when the applicant designed the house with a third floor which did not conform to Code requirements. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The proposed house is set back approximately 520 feet from County Route 48 and has all required side yard setbacks. Based on the foregoing factors, the Board concludes that granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for and shown on the revised plans ('Job No. 209902' Plan, Sheets A2-1 and A2-2) prepared by Ira Haspel, Architect, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Horning.) This Resolljtion wa Lydia A ortora, Chairwoman—Approved for Filing WW 6q ?9703 �W `q RECEIVED FEB 2 5 2095 ZONING BOARD OF APPEALS APPEALS BOARD MEMBERS OF$oar Mailing Address: Ruth D. Oliva,Chairwoman �0�� yQ Southold Town Hall 53095 Main Road•P.O.Box 1179 Gerard P.GoehringerI Southold,NY 11971-0959 James Dinizio,Jr. er+ Office Location: Michael A. Simon YO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman '�MuM�� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVcD rvut4ae ZONING BOARD OF APPEALS /� S/om TOWN OF SOUTHOLD MAR 2 2006 Tel.(631),765-1809 9 Fax(631)765-9064 QA a � FINDINGS, DELIBERATIONS AND DETERMINATION 3'' souf6ic;�d Tcc:�bier MEETING OF FEBRUARY 2,2006 Appl. No. 5815- EDGEWATER II, LLC Property Location: 63735 C.R.48,Greenport CTM 40-1-20.2 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this reviewfalls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line), The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet(east line)and 725 feet(west line): BASIS OF APPLICATION: Building Department's October 19, 2005 Notice of Disapproval, citing Section 100-30A.3, in its denial of an application to amend their request,for structural alterations above the second floor area of this proposed new dwelling. The reason stated by the Building Inspector for disapproving the amendment request is that the zoning code bulk schedule restricts the number of stories to 2-1/2, and the proposed amendment differs greatly from the plan approved under ZBA Appeal No, 5330 concerning the third floor construction area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26,.2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant revised his plans as shown on the 10/25/05 construction design of the proposed single-family dwelling, shown on the 'Job No. 223705' Plan, Sheets Al and A2, prepared by Ira Haspel, Architect, P.C., reducing the size of the third level design to less than the original size(original size was for 990 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to.nearby properties. The applicant's home is situated on one of three parcels as a family compound, sharing a common drive. The architectural plans show a third-floor bedroom suite of 1,138 sq.ft. The ground floor footprint is 3,458 sq.ft., and the second floor covers 2,041 sq, ft. The presence of a third floor does not affect the compliance of the N� RECEIVED[ 70 FEB 2 6 2015 ZONING BOARD OF APPEALS Page 2—February 2,2006 Appl. No.5815-Edgewater II,LLC CTM Parcel 40-1-20.2 at Greenport roofline with the 35-ft. limit. Applicant states that the third floor was designed to comply with the Code definition of a half story, but presented no measurements or evidence to support the half story claimed. The Board will treat the matter of the area above the second floor as a request for a variance from the 2-1/2 story code restriction. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft.height limit. 3. The requested area variance is substantial since the overall area has been reduced from 6,449 square feet to 5,941 square feet,and sprinklers will be installed throughout the house. 4. The difficulty was created with the design and plan submitted by the applicant. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The house is approximately 500 feet from County Route 48 and will comply with all code-required side yard setbacks. 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 Dinizio, seconded by Chairwoman Oliva,and duly carried, to GRANT the variance as applied for and shown on the revised plans (Job Plan No. 2237505, Sheets Al and A2)and Comparison Site Plan last dated 11-10-05, prepared by Ira Haspel Architect, P.S., subject to the following Conditions: 1. That the two green signs installed illegally on utility poles in front of the applicant's property be removed and installed in accordance with the town codes,and 2. That a comprehensive fire suppression system shall be installed and operative throughout the house at all times. (Same as condition written under ZBA#4968). This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon, and Weisman. Absent was: Member Goehringer. This Resoluti as duly adopted 4-0). -,-t, & . n��01-A Ruth D. Oliva, Chairwoman a Aar/06 y,� f ?61 Approved for Filing RECEIVED FEB.2 5 2015 ZONING BOARD of;APPe4LS FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 31194 Z Date JUNE 10, 2005 Permission is hereby granted to: EDGEWATER II LLC 27 WEST 96TH ST APT 15D NEW YORK,NY 10025 for CONSTRUCT A 4 BEDROOM 3 STORY ONE FAMILY DWELLING AS APPLIED FOR PER ZBA & PLANNING. THIS PERMIT REPLACES BP30017. at premises located at 63735 CR 48 GREENPORT County Tax Map No. 473889 Section 040 Block 0001 Lot .No. 020 . 002 pursuant to application dated JUNE 10, 2005 and approved by the Building Inspector to expire on DECEMBER 10, 2006 . Fee $ 3,202 . 80 1 Autho ized Signatu &P61 RECEIVED FEB 2 5 2015 ORIGINAL ZONING BOAkD OF API-ICALS Rev. 5/8/02 r =- ,�_- TOWN OF S UTH L �ty�o4�gUffD(,��oy` BUILDING DEPARTMENT y $1 TOWN CLERK'S OFFICE ti"o� o� Yl SOUTHOLD, NY rzi m njKu" DFPRfilT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38733 Date: 3/26/2014 Permission is hereby granted to: Zahler, Kenneth & Joann 430 Moores Lane Cutchogue, NY 11935 To: Construction of a new single family as applied for per SCHD approval. '�'-&?67 RECEIVED FEB 2 6 2015 At premises located at: ZONING BOARD OF APPEALS 63735 CR 48, Greenport SCTM # 473889 Sec/Block/Lot# 40.-1-20.2 Pursuant to application dated 3/10/2014 and approved by the Building Inspector. To expire on 9125/2015. Fees: SINGLE FAMILY DWELLING -ADDITION OR ALTERATION $1,738.00 CO -NEW DWELLING $50.00 tat: $1,788.00 I Building Inspec :���f�.';yl��9� �!/ /jjjiq� Ef y� �`�,r II � � rr Vii° t�'i A�r���ij�'�� \w .r�{p� ; �i3'� >•, w.. t 1�°9:��g:I3��r$°, � ''1'-f t � {^VI ,YY `G�l� I�� .Q l_•��''� _ ,` Ill VIII 7 t � dS WA s •R Y t• t� ,._ IWO i s - MR3 a> 1� a 6 n a t, f 7,m' - NOWG .i. �. 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TOTAL DATE .,,•.),�.�'r )l•.i`.% <.,. )� ° l�":;j Ce^`'a�':°,�t' l uJy+ / 'J�G:T c' '�.�"` .,�`�"' .v.,.!��,s:�h t./°Yl", ra ..{t s I I Ln s -n, / 00 w,0 t_ U , 5 ISE* 309 / ,e Ia c e S & -}:r- ED FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD ;�,, WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL COLOR RECE1\►Er� FEB S 2015 ZONING BOARD OF APPEAI-S TRIM h Pert- Cc- x.a e'L"1 C?wa `O�0 � � -•,.� 1 M. Bldg. Foundation P e. _ Dinette FIJI I Extension Cit. Extension . C �a-' �O'2` L-� r2 \opo R. Extension s. ��» \ "r R. Patio Porch B• Deck he. Breezeway — Garage Pool r v,V& 1. 2 o t +7 ay COLOR ..yam 3 l t l3 S ;k;*rat f (� CL f` o TRIM l ^p NI NIL- L s� PQ '��l�• 2 -- 5f r L <,& r 20152 y i:'i r. �t iii ��L. �1J� �;�ll.J •pp Ap EPt 10%10G gOARp 1st 2nd IM. �. Q t I Foundation P° Fin, B. Bath Dinette Yt^^: I'oC �t^'�. UL �' MBO avD 1 ATWL PAR Floors Kit. V Extension �, l � I ;� � 123 Basement sLf,s r-.�nµg,. C o� Ext. Walls C ►,�:+� ,xd\ Interior Finish L.R. �. f Extension" oa Fire Place Heat D. Y ,/ Extension {'c�i�i 2 — 3 le-G, { Woodstove BR. 'tr�� Patio 2-mei Baths ormer Porch\ Z�, Dock Fam. Rm. i Deck �t� \ A.C. Garage .- �h�1•rs t/ 0.B.. i Pool c r i S r I _ - 2 COLOR r 4-11 r TRIM `P to g i t REC�Iv�D C �5 2015 t 0%1%G Jac) OP APPF.Au' \6 Z M. Bldg. Foundation c° Bath .f-"'0Y Dinette FULL Extension Basement Floors r Kit. SLAB Extension Ext. Walls Interior Finish L.R. Extension Fire Place l) Heat D.R. Patio Woodstove BR. l 3 Porch Dormer Fin. B. Deck Attic Breezeway Rooms 1st Floor Garage Driveway Rooms 2nd Floor ` 0.B. Pool o�01IFFOlIr ELIZABETH A.NEVILLE,MMC �� G,f, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 CA = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S .� Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: February 26, 2015 RE: Zoning Appeal No. 6851 Transmitted herewith is Zoning Appeals No. 6851 for Kenneth Zahler-The Application to the Southold Town Zoning Board of Appeals. Also enclosed are the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval to Kenneth Zahler Dated January 5 of 2015, Findings Deliberations and Determination Meeting of July 19 of 2001 for Appeal No. 4968 for Edgewater II, LLC, Findings Deliberations and Determination Meeting of July 10 of 2003 for Appeal No. 5330 for Edgewater II, LLC, Findings Deliberations and Determination Meeting of February 2 of 2006 for Appeal No. 5815 for Edgewater II, LLC, Building Permit No. 31194 Z Dated June 10 of 2005 That Has Written on the Top of the Page"Void Not Built", Building Permit No. 38733 Dated March 26 of 2014 Granted to Kenneth&Joann Zahler, 3 Pages of Photos, 4 Pages of the Town of Southold Property Record Card for Tax Map No. 1000-40.-1-20.2, Survey of Lot 2 Map of Property Tax Map No. 1000-40.-1-20.2 with the latest Revision Done July 16 of 2014 to Add Driveway Drainage. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/25/15 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6851 Zahler, Kenneth Credit card $250.00 FEB 2 6 2015 Southold Town Clerk $250.00 By_lc_ Thank you. * * * RECEIPT * * * Date: 02/26/15 Receipt#: 181535 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6851 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By Credit Card-Ref# $250.00 Zahler, Kenneth Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Zahler, Kenneth 4370 Moores Ln Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID:6851 RECEIVED FEB 2 6 2015 Southold Town Clerk --Settlement Report-- SOUTHOLD TOI,JfI--7OFIIIIG SOUTHOLD TOWN-20NING 54375 ROUTE 25 54375 ROUTE 25 SOUTHOLD IIV 11971 SOUTHOLD FIV 11971 631-765-1802 631-765-1802 118805501543 118805501543 TERMINAL ID.: 002 TERMIIIRL ID., 002 hIERCHAIIT b. 431290852865 HIRCHAIIT 0: 431290852885 IIASTERf'vUn BATCH: 000008 I..I SALE SWIPEDHVPERCOPI Bp1EH, 0130008 INU: 000001 Feb 25. 15 08:56 Feb 25, 15 08:55 RRII; OiiIiOL;JG071i AUTH: 64754-7 OR 006 02'15 0550 TOTAL $250.00 5ALE5 1 ROOM REFUNDS 0 -$0.00 KEIIIIEIH B 1AHLER HGkEE, BOU RL phl0Ull1 (IEkCHplli I�GREEIEliO IFS CREDITRUOUCHER SOUTHOLD TOWN—ZONING 54375 ROUTE 25 SOUTHOLD FIV 11971 631--765-1802 flEkiHAllf COPY 118805501543 IERhIIIIAI ID.: 002 Trans Total SLaiman B4 ISSUER Feb 25, 15 BATCH: 000008 11ASIERCARD SALES 1 $250.00 REFUNDS 0 -$0.00 TOTAL 1 $250.00 GRAND TOTALS SALES 1 $250.00 REFUIIDS 0 -$0,00 TOTAL I $250.00 Zbj UtV11VG k30H't<C� lir APPEAL$ BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson ��� yQl 53095 Main Road-P.O.Box 1179 h d Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ� y�1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 2, 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, APRIL 2, 2015: 1:30 P.M. - KENNETH and JOANN ZAHLER #6851 - Request for Variance from Article XXII Section 280-105C3 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct deer fence, at; 1) deer fence proposed in location other than side and rear yard, located at: 63735 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2 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 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 rluTli. E F HEARINi� The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME ZAHLER, KENNETH #6851 F--1AP # 40 .- 1 -20 .2 VARIANCE YARD LOCATION , REQUEST CONSTRUCT DEER ' FENCE LATE : THURS , APRIL 2 , 2075 7 : 30 - PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM. and 3 PM . zONING BOARD -TOWN OF SOUTHOLD 765- 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq:Hsouthtown.northfork.net March 9, 2015 Re : Town Code Chapter 55 -Public Notices for Thursday, April 2 , 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 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 mailing address or to deliver the letter to the current owner to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than March 23rd: Please either mail or deliver to our office your Affidavit - 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 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 31, 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS KENNETH & JOANN ZAHLER (Name of Applicants) SCTM Parcel# 1000= 040 . 00-01 .00-020 . 002 COUNTY OF SUFFOLK STATE OF NEW YORK I, KENNETH B . ZAHLER residingat 1410 Kimberly Lane , Southold , NY 11971 'New 'Fork, being duly sworn,deposes and says that: Oji the 13 t hday of March , 20 1�I personally mailed at the United States Post.Office in R I V E R H E A D ,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(X)Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record,surrounding the-applicant's property.' i KENNETH B . ZAHLER Sworn td before me this 16 t h day of MARCH 220 15 JAMES MCMANMON NOTARY PUBLIC, State of Now York Suffolk County Rog. No.4991 Comm.expires Feb, 1q,20 r .' (Notary Public) - - 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. Kenneth B. Zahler c/o Aquebogue Abstract 123 Maple Avenue — Unit A Riverhead, New York 11901-4674 - Telephone: (63 1) 369-0200 - Facsimile: (63 1) 369-0199 I Cellular: (63 1)495-1093 - E-mail: kbz1948Ca2.Gmail.com March 13, 2015 Edgewater III LLC 27 W 96`h Street # 15D Mew York, NY 10025 RE- Zahler ZBA #6851 SCTM#: 1000-040-01-020.002 Proposed Fence Placement Ladies & Gentlemen- Enclosed herewith please find copy of site plan and Legal Notice in connection with my proposed variance for fence placement_ Should you have any questions, please do not hesitate to contact rne_ Thank you! Very truly yours, �112 Kenneth B. Zahler ru 1 rT1 �, I :t Postage I$ 0 Certified FeeEl CJ I t �'r�ostmarlc Return Reciept Fee t Hgre (Endorsement Required) Cv- �f O Restricted Dalivery Fee Ln (Endorsement Required) M Total Por - EDGEWATER III,LLC r1J Q Sent To 27 W 96TH ST.#15D CD Street,Apt NEW YORK, NY 10025 or PO Box City,Slate, ' 3/30/2015 USPS.com®-USPS TrackingTM English customer Service USPS Mobi'� Register/Sign In USPS-LUM' ��51 TM Custorler Service I USPSTracking ` f Have questions?We're hereto help. Tracking Number: 70023150000421312470 Updated Delivery Day: Monday, March 16,2015 Product & Tracking Information Available Actions Postal Product: Extra Svc: Certified Mail- Text Updates Email Updates March 16,2015,12:52 pm D ,fives 0d NEW YORK,NY 10025 Return Receipt After Mailing March 16,2015,8:34 am Arrived at Unit NEW YORK,NY 10025 March 15,2015,12:09 am Departed USPS Facility NEW YORK,NY 10199 March 14,2015,10:05 am Arrived at USPS Facility NEW YORK,NY 10199 March 14,2015,5:52 am Departed USPS Facility MELVILLE.NY 11747 March 13,2015.7:56 pm Arrived at USPS Facility MELVILLE.NY 11747 March 13,2015,2:20 pm Departed Post Office RIVERHEAD,NY 11901 March 13,2015.1:56 pm Picked Up RIVERHEAD,NY 11901 Track Another Package Tracking(or receipt)number r. Trar.k tt haps:/ltools.usps.com/go/TrackConfirmAction.6ction'2tR et=ful 1page&tLc=1&text28777=&tLabels=70023150000421312470 112 I nneth B. Zahler c/o Aquebogue Abstract 123 Maple Avenue—Unit A Riverhead, New York 11901-4674 Telephone: (631)369-0200 -Facsimile: (631)369-0199 Cellular: (631)495-1093 -E-mail: kbz1948 a,Gmail.com March 13, 2015 Edgewater III LLC 27 W 96th Street # 15D Mew York, NY 10025 RE: Zahler ZBA #6851 SCTM#: 1000-040-01-020.002 Proposed Fence Placement Ladies & Gentlemen: Enclosed herewith please find copy of site plan and Legal Notice in connection with my proposed variance for fence placement. Should you have any questions, please do not hesitate to contact me. Thank you! Postal Very truly yours, CERTIFIED MAIL,. RECEIPT i ' M A I 17-9 ru Postage $ Kenneth B. Zahler 0 Certified Feery '�i'a 0 Return Reciept Fee o tmark (Endorsement Requlred) H@ie Restricted Delivery Fee �. ?��Sr lr U') (Endorsement Requed) M Total Poi, --- y----- — — v_ -- flJ EDGEWATER III,LLC � Sent To Y7 W 96"'ST.#15D or POeox NEW YORK,NY 10025 City,State, FASTWeb Page 1 of 1 63875 County Road 48 7r,as7vireb Greenport NY 11944 Property Property Information Owner(s) Edgewater Iii Llc Parcel# 1000-040-00-01-00-021- 000 Property 63875 County Road 48 Map.Coord 40;5963-A4 Greenport,NY 11944 Census Tract \ , Mailing Addr 27 W 96th St#15d County Suffolk V New York,NY 10025 Owner Phone Legal Lot Number 21 Tract Number Block 1 Subdivision Characteristics Use Sfr Year Built Sq.Feet Zoning R-80 Lot Size 2.71 /118048 #of units 1 Bedrooms Bathrooms Fireplace #Rooms Quality Heating Pool/Spa Air Style Stories Improvements Parking Flood Attributes Other Property Sale Information Sale Date 04/09/2001 $/Sq.Ft. 2nd Mtg. Sale Price $700,000.00 1st Loan Prior Sale Amt. Doc No. 12114-0624 Loan Type Prior Sale Dt. Doc Type Deed Xfer Date 04/23/2001 Prior Doc No. Seller Parlamis,nicholas Lender Prior Doc Type Tax Information Imp Value $26,500.00 Exemption Land Value $5,100.00 Tax Year/Area 2014/473889 Total Value $31,600.00 Tax Value $31,600.00. Tax Amount $37,531.72 Improved 84% Information compiled from various sources and is deemed reliable but not guaranteed. https://fwprodweb l.firstam.com/FastWeb/FASTOrder/PropertyLookUp-asp?ID=O&UID=... 3/13/2015 Onneth B. Zahler c/o Aquebogue Abstract 123 Maple Avenue—Unit"A i ��, Riverhead, New York 11901-4674 10 U Telephone: (631)369-0200-Facsimile: (631)369-0199 Cellular: (631)495-1093-E-mail: kbz1948gGmail.com March 13, 2015 Attia Samir & Jila Sharif 12 Woodfield Avenue Fort Salonga, NY 11768 RE: Zahler ZBA #6851 SCTM#: 1000-040-01-020.002 Proposed Fence Placement Ladies & Gentlemen: Enclosed herewith please find copy of site plan and Legal Notice in connection with my proposed variance for fence placement. Should you have any questions, please do not hesitate to contact me. Thank you! Very truly yours, Kenneth B. Zahler . t U.S. Postal Service,. m CERTIFIED MAILT. RECEIPT -'r (Domestic klail • -. For delivery information visit our website, at rR ,: m (0F � � rU Postage $ ED Certified Fee ED s Return Reciept Fee do A tmark r-3 (Endorsement Required) O Restricted Delivery Fee O�if to. Ln (Endorsement Required) G�/0 M Total — S - rU ATTIA SAMIR&JILA SHARIF r3 Sent To O 12 WOODFIELD AVENUE Street,AF -"-- orPOeo, FORT SALONGA, NY 11768 City,Stat i--"- COMPLETESENDER: COMPLETE THIS SECTIOJN • ON DELIVERY i ■ Complete items 1,2,and 3.Also complete A. Sig ure item 4 if Restricted Delivery is desired. X E3 Agent ■ Print your name and address on the reverse ❑Addr ssee (I so that we can return the card to you. B. Re lived by(Printed Name) C. Date of elivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. - D. Is delivery address different from item 1? es 1. Article Addressed to: If YES,enter delivery address below: ❑No ?J ATTIA SAMIR&JILA SHARIF;, \ y 12 WOODFIELD AVENUE FORT"SAL'O.NGA;NY 1j76`8"`-; l 3. Service Type j Certified Mail ❑Express Mail Il ❑ Registered Xketurn Receipt for Merchandise jl ❑Insured Mail ❑C.O.D. fl 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 0 0 2 315 0 0004 2131 2463 (Transfer from service la6e>7 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540'; FASTWeb Page I of 1 63450 County Road 48 BAST Web Greenport NY 11944 Property Profile Property Information Owner(s) Attia Samir/Jila Sharif Parcel# 1000-040-00-03-00-002- 000 Property 63450 County Road 48 Map Coord 40;5963-A4 Greenport,NY 11944 Census Tract Mailing Addr 12 Woodfield Ave County Suffolk Northport,NY 11768 Owner Phone Legal Lot Number 2 Tract Number Block 3 Subdivision Characteristics Use Agricultural Land Year Built Sq.Feet Zoning R-80 Lot Size 7.3/31798B #of units Bedrooms Bathrooms Fireplace #Rooms Quality Heating Pool/Spa Air Style Stories Improvements Parking Flood Attributes Other Property Sale Information Sale Date 05/25/2001 $/Sq.Ft. 2nd Mtg. Sale Price $155,000.00 1st Loan Prior Sale Amt. Doc No. 12122-0976 Loan Type Prior Sale Dt. Doc Type Deed Xfer Date 06/08/2001 Prior Doc No. Seller Phinney,judith F Lender Prior Doc Type Tax Information Imp Value Exemption Land Value $2,200.00 Tax Year/Area 2014/473889 Total Value $2,200.00 Tax Value $2,200.00 Tax Amount $2,612.98 Improved Information compiled from various sources and is deemed reliable but not guaranteed. https://fwprodweb l.firstam.com/FastWeb/FASTOrder/PropertyLookUp.asp?ID=O&UID=... 3/13/2015 Kenneth B. Zainer c/o Aquebogue Abstract 123 Maple Avenue—Unit A Riverhead, New York 11901-4674 Telephone: (631)369-0200-Facsimile: (631)369-0199 Cellular: (631)495-1093 -E-mail: kbz1948 n.Gmail.com K\ March 13, 2015 Wine Country Promotion LLC C/O B. Calle 11 E Broadway # 8B New York, NY 1003 8 RE: Zahler ZBA #6851 SCTM#: 1000-040-01-020.002 Proposed Fence Placement Ladies & Gentlemen: Enclosed herewith please find copy of site plan and Legal Notice in connection with my proposed variance for fence placement. Should you have any questions, please do not hesitate to contact me. Thank you! Very truly yours, Kenneth B. Zahler v Ln .. • ti « e6 f LJ postage / 1 a S `) E:3 �G Certified Fee postmarkoj f r 0 Here % Return Reciept Fee C3 (Endorsement Required) �JsP red) C (Restricted D Re( quiFee ~ S ra 1 Ifr1 Total P WINE COUNTRY PROMOTION LLC 0 Sent To I CIO B.CALLE l-_----- IC7 t,- Sfieet,-A11 E BROADWAY#86 -_- or PO Bc City Sf' NEW YORK,NY 10038 • I A. Signature ❑Agent ■ Complete items 1,2,and 3.Also complete p Addressee item 4 if Restricted Delivery is desired. m Print your name and address on the reverse C. Dae D livery , so that we can return the card to you. g. Re eived by(printed Name) 3 P �■ Attach this card to the back of the mailpiece, different from itep Ye or on the front if space permits. D. I elivery ad rens m 1 [3 No 1. Article Addressed to: If YES,an delivery address below: WINE COUNTRY PROMOTION LLC CIO B.CALLE 11 E BROADWAY#8B 3. Service Type 4 NEW YORK,NY 10038 X Certified Mail ❑Express Mail ❑Registered .Return Receipt for Merchandise ❑Insured Mail ❑G.O.D. Fee) — ❑Yes 4. Restricted Delivery ? Extra 2. Article Number'. a '7 0,0 2 315 0 '0 0 4 °2131 8456 (Transfer from service labeO 102595-02-M-1540 PS Form 3811,February 2004 Domestic Return Receipt FAaT'Web Page 1 of 1 � 63615 Route 48 ASTWeb Greenport NY 11944 Property Profile Property Information Owner(s) Wine Country Promotion Llc Parcel# 1000-040-00-01-00-020- 001 Property 63615 Route 48 Map Coord 40;5963-A4 Greenport, NY 11944 Census Tract 170202 Mailing Addr 11 E Broadway#9b County Suffolk New York,NY 10038 Owner Phone Legal ARREARS. Lot Number 20 Tract Number Block 1 Subdivision Characteristics Use Sfr Year Built Sq.Feet Zoning R-80 Lot Size 2.52/109771 #of units 1 Bedrooms Bathrooms Fireplace #Rooms Quality Heating Pool/Spa Air Style Stories Improvements Parking Flood Attributes Other Property Sale Information Sale Date 05/06/2014 $/Sq.Ft. 2nd Mtg. Sale Price $1,500,000.00 1st Loan Prior Sale Amt. Doc No. 012774-000617 Loan Type Prior Sale Dt. Doc Type Bargain&Sale Deed Xfer Date 05/19/2014 Prior Doc No. Seller Edgewater I Llc Lender Prior Doc Type Tax Information Imp Value $13,500.00 Exemption Land Value $6,500.00 Tax Year/Area 2014/473889 Total Value $20,000.00 Tax Value $20,000.00 Tax Amount $23,754.26 Improved 68% Information compiled from various sources and is deemed reliable but not guaranteed. Cpl de C/0 https://fwprodweb 1.firstam.com/FastWeb/FASTOrder/PropertyLookUp.asp?ID=O&UID=... 3/13/2015 V EDGEWATER III LLC 1000-040.00-01.00-021.000 27 W 96TH ST #15D NEW YORK, NY 10025 ATTIA SAMIR&JILA SHARIF . .1000-040.00-03.00-002.000 12 WOODFIELD AVE FORT SALONGA, NY 11768 WINE COUNTRY PROMOTION LLC 1000-040.00-01.00-020.001 C/O B. CALLE 11 E BROADWAY #813 NEW YORK, NY 10038 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 'KENNETH & JOANN ZAHLER (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 1000-040 . 00-01 .00-020 . 002 COUNTY OF SUFFOLK) STATE OF NEW YORK) j, KENNETH B . ZAHLER residing.at 1410 Kimberly Lane , Southold , NY 11971 New York, being duly sworn, depose and say. that: On the 16th day of March , 2015 , I personally placed the Town's Official Poster, with the date of hearing and'nature of my application noted thereon, securely upon my property, Iocated ten(10) feet or closer from the street or.right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained-in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be 4/2/2015 4-11 (Signature) Swotn to before me this 16th KENNETH B . ZAHLER Dayof March 201 5 DAMPS I&IMANMON NOTARY PUBLIC, St, le of New York Suffolk County aGg, NO.4991902 .expires Feb. '10,tary Public) o near the entrance or driveway entrance of my property, as the area most visible to passerby. #12155 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 26th day of March, 2015. Principal Clerk LEGtkL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 2,2015 PUBLICHEARINGS I NOTICE IS HEREBY GIVEN,par- Ire me this day of suant to Section 267 of the;Town Law and 7bwn Code Chapter 280(z_,,, g) i 1100 A.M.- F1 P ENTERPRISES Town of Southold,:the following public; I Request for Variance.from Art[- hearings will be held by.thc.:SOUTH OLD TOWN. ZONING BOARD OFcleXXIIISectron280-124nhdtheBuild- CHRISTINA VOLINSKI APPALS at the Town Hall, 53095 Ing Inspector's Febru'y,3,2015 Notice NOTARY PUBLIC-STATE OF NEW YORK Main Road, P.O. Box 1179, Southold;' of Disapproval based ott;an application New York 11971-0959,6h THURSDAY for buildingpermit for-constructjon of a NO. 01V06105050 A 1 2.2015• new single family dwelling ut;less Than Quallfled In Suffolk County 9.45 A.M. - .THEOTOKIS_DAVA.S. the code required rear yard setback of : ;:.:: -, g.; l,oc Fahruary 28, 2016 and VAISLIOS PAPAGIANIS #6'1524• 50 feet,located at:-.485 Hickory Avenue - Request for Variance from`.'Article•IIL.• (corner Hickory Avenue)Southold,NY. 1.41 P.M.-FI MOSS [I C#6846 - Code Section 280-1.5B,and the-Building . s(7r 000-77-1-24 Request for Variances from Article'I11 Inspector's February 19 X015-Notice.of 11.:15 A.M.•PECONIC LANDIN Section 280-15 and Article IV Section Disapproval based on an'applicatton for IOi O.#6843'=Request 2$0=18 and the Buflding Inspector sDe- an exng permit for r workshop audition to for Variance from Article XXII Section cember-22,2014 Notice:of Disapproval an existing accessory garage,at:less flian 280-105 the Building Inspector�s•:Dc- based on an application for-building the code required side yard setback of 20 comber 3,2014 Notice of Disapproval ';permit for construction of an.accessory feet,located at:1345 Chapel Larte(6r- based on an application for building garage and a deck'addition to an exist- ner County Route 48 aka,North Road) permit to construct a tennis-court fence, ing,single,family.,dwelling,g at 1) acces- Gr10.00 rA NI SANDR ASSPAVLOil at; 1) more than the'code iequired s¢ry}:garage^proposedaaf more t iar the 46827-Request for Variance fromrArti= maximum 6 foot height when located code required maximum s[ie•Mdf 150 cle XXIII Section 280-124 and.the Build- Route the front yard,'1ocated at:1205 NYS.,. squafe feet,2).deck addition atiless;than ing Inspector's October 3;2014'Notice"of Route 25 (aka North Road) (adj. to the,code`required minmum'.frontyard Disapproval based on an application for Long Island_Sound). Greenport,'NY. setback of"50�feet,located at.805Aliorn building permit for additions and alters- scrm#1000-35-1-25 Load (adl..to•a poad) Cutchogue,,NY. 11;30:A.M. - WILLiAM'kA.„PI,N. S('flvl#1000-1"18 tions to existing single family dtyelling' NEI III and-,SiII{RU yIL�IN fCVI ?rOD PPL=ADC VEN'T'URES ,ic at;less than the code required minimurit , -Request fo Special Exception side yard.setback under Article XI of 15 feet, 'located 839 Szcttori`�80-48B(12) #6850-Request for Variances from Ar- at: 133` Sound Beach Drive (Central ticle XV,Sections 280-64B&C and 280- to construct'gasoline.sen�ice station 63 and the Building Inspector's June Drive)Mattituck,NY.SCTM,1IMO-106- With 'convenience'`stones"Located at 9, 2014, renewed February 23, 2015, 1-29 45450-County Road 48 (aka North amended February 26,2015 Notice of (0:15 A 11I -RICHARD i4 R(i'a'd,corner:Young's Avenue)'Soutli- i 4.RE old NY SCTIv1#1000-55-5-2.2 Disapproval based on an application DI #684 - Request for Variance from 11 45 X.M. - WII:LTAM`A PEN. for building permit to construct a com- Article III Section 280-14 and the Build- NhY III Wand SUKRU ;M VimP meCcial building for an electrical con- ing Inspector's January 22,2015 Noti6e , Re;imd;s or RUu j gINL(A, tractor's yard,at;1)less than the code At-- of Disapproval based on in application required.average front yard setback of for building permit for additions and a1= tiolu XI.Secti' j I '0-50A and 280-50C 16.feet �)'Ies's triad-the,e de.rcquircd terations to existing single family dwelt=i "and the Building Inspectors September iiiinimuni rear yard setback of 70:feet, 2�4;`2014, amended'October d7, 2014 3 ro osed.structure with more.than ing,at:1)more than the,code ma,,iiiium )A p nunrberof stories QF,2,;stories,located rTohcc of`Dtsapproval based on an ap= the code allbived maximum of' at: at:240 Sunset Path"(HilltopPath)Snuth- Piicatton,forbitildingpermitto,c'onvert feet�f frontage.on'one'stieet,located old,NY.SCTM#I,OtH1-541-1;9 exist[ng"vehid&detailing RV salcs and �t 0 Corwin,Street-Greenport, NY. 10:30 X11. - RiCI646 TR 1X1- - - •` 6.GThe Board of Appeals ` service shop into gas•station,tvith con- SEi,L,�1MILD- -TR0ITNSE;I.I, and Ilse Board of Appetls Hill'Bear all venience store and 6onstr uct new primp . KAREN I:EUERMAN#6845-Request islands,at;1)proposed front canopy at persons or their representatives,-.esiring for Variances from Article XXIII Sec- to be heard ateach hearing,and/or desir- less than Che code'required setback of tion 280-1.24 Arid Article XXII Section in .c submit written statements;befure 100 feet from.the"right•of way,2)pro-: g 280-116B and the Building Inspector's Che.conclusion of each hearing. Each posed front pump island at more than December22,2U14NoticeofDisapprov- the code permitted•6VIincar feet of hearing will not start earlier'than"dzsig= al based on an application for building frontaae'on one street,located at:45450, nated above. Files are available forr're- permit for demolition and reconstnic- County Road 48(aka�North Road;cor- , view during regular business liouif and tion of•-a..dwelling.with deck addition, j ner Young's Avenue)',Southold; N•Y.+ prior to the day of the hearing.`ff`you it;1)less than.tlie code required mini= ''SCTM#1000,-55 5 22'r.: "' have questions,please contact our office mum single side yard setback of 10 feet, ;1;30 FM:-KENIIETI3 and 70ANN. at,(631) 765-1809,or by email: Vicki. 2)less than the code required bulkhead TothCTown.Southold.ny.us. 7.AHLER-"#6851 Request•for`Vari= setback of 75 feet,located at;980Oak f I Dated:Marclz 9,2015 Ace from Article XXII Section 790- Avenue.(adj.to Goose Creek)Southold; ZONING BOARD OF APPEALS NY.SCI'M#1000-77-1-6 1O5C3 tile-Building,Inspector's January LESLIE KANES WEISMAN,CHAIR- S,2015 Notice of Disapproval based on- PERSON 10:45 A.M. - PATRICIA NIA. ! an application for building permit to : •.-r' CiNTYRE #6847-Applicant requests I BY:Vicki Toth construct deer fence, at 1) deer fence a Special Exception"under Article IIi, 54375 Main Road.(Office Location) ' proposed in location other than side 53095 Main Road(Mailing/USPS) Section 250-1questi .,The Applicant o and rear yard,located at:63735 C66ty P.O:Box 1179 the'owner°requesting requesting-,authorization.to Route 48 (aka North Road):(adj, to establish an"Accessory Apartment in Long Island,Sound),Grecuport,,.NY, Southold,NY 11971-0959 SCTM#1000-40-1-20.2 an accessory-structure,located at:9875 121554T 3/26 Main Bayview Road Southold, NY. S CTM#1000-88-1-2.1 BOARD MEMBERS OF SOP Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ�O 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesc Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �O ��O 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQU (,N�' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 February 25, 2015 0 Mark Terry, Principal Planner LWRP Coordinator FEB 2 'L1:� Planning Board Office Town of Southold Southold Town Hall Annex Planning Boam `^ Southold,NY 11971 Re: ZBA File Ref.No. #6851 - Zahler Dear Mr. Terry: We have received an application for construction of deer fence in front yard in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Byrd .&e� Encls. BOARD MEMBERS ��Of 5®!/jy® Southold'Town Hall Leslie Kanes Weisman,Chairperson 53095�� �� Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �, ® ',0 54375 Main Road(at Youngs Avenue) Kenneth Schneider `yC�UNj�(,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 February 25, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6851 Owner/Applicant: Zahler, Kenneth Action Requested: Construct deer fence in front yard - height Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By:c>( I�GA&&4ulz'd , Encls. i SURVEY OF LOT 2 MAP OF PROPERTY ANTHONY & SALLY PIRRERA FILE No, 8758 FILED JANUARY 7, 1989 SITUATE GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-40-01-20.2 SCALE I"=40' SEPTEMBER 5, 2013 MAY 22,2014 FOUNDATION LOCATION JULY 16,2014 ADD ORNENAY DRAINAGE AREA= 118,485 sq. ft. 2.720 Dc. JO CERTlFlED T0: Ory ABSTRACTS INCORPORATED �•C1 - FIRST AMERICAN TITLE INSURANCE COMPANY Y f KENNETH B. ZAHLER JOANN ZAHLER a ti� 1P NOTES fi 1. ELEVATIONSEXISTELEVATIONSNARE SHOWN THUS:ZX DATUM ING EXISTING CONTOUR LINES ARE SHOWN THUS: -------36------- O F.Fl.- fWir (LOON ANa.NO 3b TB. - Ion DF 0UI0 LDI T- - IpOP OF WF�OVIXHFAO IP sono.or'WUL 2. REFER TO FILED'MAP FOR TEST HOLE DATA. / t• 3. MINIMUM SEPTIC TANK CAPACITIES FOR 4 BEDROOM HOUSE IS 1,200 GALLONS. 6 1 TANK; 8' DIA. 4' DEEP 3 4. MINIMUM LEACHING SYSTEM FOR 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. / g - 1 POOL:�12' DEEP, EXPANSION "» PROPOSED EXPAANSSION POOL PROPOSED LEACHING POOL / OC PROPOSED SEPTIC TANK Zf 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. ,18 ----------_ID S. u Lr 11 a -35 eaD�vo�" G 1 cOP ;d Pte.., saw� s \ �^ % IS Ali 911 Lew° �� �`4• !/J T i � �L,p,AM ' �P„'Q0. .19.9 � r)�i��+ ?a��A•4 .. ��p�o Nr- � Y '�,�� ae.6 ,T7`,•"f'�T r v� •A.%' ..;�� .D' ' .4¢`. ,'1/.1 O�C�• RECEIVED 40. ._ FEB 2 5 2015 .., ZONING BOARD OF APPEALS �''� r ✓� '' P f TEST HOLE DATA (BY OTHERS NOVEMBER 7,2000) 1/ _• WN On.LOAN P• *IN N Ct .Fo N[A Y BRAVD. PALE OROWY f01E 5440 � �'O �• �S' Cp I} °r. yyti n• S �F6� �•��� o� - OININdGE�SYSID'dLGVC—L;TIONS' �. - ARG:3,696,9.D. 3,.696 FR.N.%O.tT=636.66 626.66 cu.11,/13.2=11.4 II. 6'AIR.IAPCM1inp PRDWDC(2)8'tllP.%8' —R.SfDRY DM1.IN POOts (�Y PROPOSED W DA.II 6'DEEP ORFWELLs rDR NOof Rum-orr ARL SHOWN TNUs: O� ORNEWAY AREA 11 3.000 P EPAREO N ACCOROAM'E WtO1 n,t Y!NvIM ` 3,OOD.9�I1.R O.IT v]10 cu.N. VAN—PER NILE SJMfrS as DSTABUSNFD >•0 w.fI./12.2 v B rn6cPl N.PI D'AIc.bacM1lnp P-1 rcqulnd M THE L1AL4.ANO APPROVED ANG IOpn1(D PROWDC(1)5'ALP.%W high STORY DRAIN POOL WRN TRENCH DRAIN MRRE—NIIDIF Iut N[W+Bort STAR UD+O DRIVCMAY ARG 21 2.000 4q.If. LOO'OF DRIVEVFAY AT 8'WI)E v 3,200 AR.If, PARKING ARG In GARAGE v 1,600 cq.fl. TOTAL=4800 w.N. TYPICAL STORMWATER UNIT IBOO'.R.N.x a,p=61 c..Na 1 N lGCN1NC CAPIC1fY DE% -DEER IN—DRAIN AT IO% WYE v 6. 0.PLR.xGR FT (TOPS 70 DE TRAFFIC DEA(ONG) , 618cu.1f./6.1128 LINEAR FEET•OF FRENCH BRAIN NEEDED (NOT TO SCALE) PROVIDE(1)8'NN.%8'h1oh STORY DRAIN POOL WITN TRENCH DRAIN eAsr IRON e&E,wYt 6 w•eR DIDDI➢YR1 lfissle PrK OR 6"INION PpMORC[D CC+C COVER 6•TR To acorn¢sub m„) • '--'�"�""oDr r•"DE"s FRENCH DRAIN DETAIL ' (NOT TO SCALE) IR+NTrNORTED ALTERAnox OR AOP Nathan Taft Corwin III ! A.L]AtARR V1_i_1/r s*aa y( C Tu°.caa1 oFSTHE NSE.-A suit b I C01K 110H U'M. D OARSE INE uNo sulTUEroas 14%ED sEa1 oR Land Surveyor LCPvS OF THIS S'HN:Y YAP NOT aGNING b NCS CWC NE EY➢OSSEO sEu. YLL NOi DE DD[Rm so Dors To DL A YAUD Taut caw. Ioao 0 5 �.•. fyR,J 1 N6.Dxw�ED-- U.RUN Succ —TP:Stonley J.Is.-N. THE PERSON FOR WHCu iN[S.RhY JP6eph A I,nN, SLS nRCTARED.AND ON NR DE-NV To n F rz MI£COMPANY.GDY<_RNMENTA.AGENCY AND FlIc Su,Vey]-Su6dir3i00s- SRI PfOns- C—ir✓clipn LIPA NO INv Ij. L61C0 II—N,AND NE z I—A. TO mE A-SBO EEB off——.No r+'O PHONE(631)727-2090 FOR(631)727-1727 AREI—D WARR - THE EXISTENCE OF RIGHT OF WATS Of158 5 DiO oDtl6 AT M+VllNC AOD 1 AND/OR GSENENTs OF RECORD,If P.O.OpA I6 NY.NOT SHOWN ARE NOT GUARANTEED. Jarne...a.Nen York 11947 J—p.d.Neu York 11947 GROUND WATER BOARD MEMBERS 0� So Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road• P.O.Box 1179 �� l0 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Horning �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider co Southold,NY 11971. http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 April 17, 2015 Kenneth Zahler P.O. Box 754 Cutchogue,NY 11935 RE: ZBA Application#6851 Dear Mr. Zahler: Transmitted for your records is a copy of the Board's April 16, 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 Vicki Toth Encl. Cc: Building Dept. iz-1Te.9n WWI! .. •� -- "h ]8.20.98 ' 31-19.01 SEE SEC.NO 073 J8-02-01 N348482w MATCH )2.01-02 - -�.. f- -- -'-Z�- z-0 2 ./lam(/ l/1 R: 11.24-04}30 1 -06 8.9 ,/! )3.28.09 '///0ems Inlet Pond m ° 1.8 1648.11 / -/_ �. f/\ /, �•: (O. C � . sr 14B 141 jo y of 6.7�. M / O 54 �� _� r�� /• 1� 66"r^ 3 � 1.1A ❑ w //�, / ,�( �8,• a`b" ns 23,3 'OPEN SPAC / COUNTY OF SUFFOLK � (INLET POINT PARK) 22.1 11?A .r„ 64 COUNTY OF m �1 7 SUFFOLK 5 0 4 tC 6.3A COUNTY OF 9. SUFFOLK y N Q' ,0.6 O SEE SCE.NO.130 / R `V' 1.5A / O 10,7 _1 m 16.2 CO- 110.3 .L p a OOU S i°aa $ N 5, �• ,�, . 3 SUFOF Q 9.3.., •� a z E7 231 v FOU[ / 8 O,AY•` 9.0A(c) a••+ -,%l�Q �` N / VILLAGE OF 24 Q 9.4 C , GREENPORT 2.0A(C) 1T 10-4 4- N N 1.8A ik $ E2 Q O S S�P��� t m 4 aa - � N 21 � t� g \ N 0e), 324.712 69 2.21 �A ) 3.2 .0 �• E2A48,294,50 / o 20.2 ,,7A(c) t 5 O. \°l 7A 20.1 ZSA(C) 9, 3.4 N O� NX $ o 9 1.4A d O � ,s .�( a 4s 1.0A(c) 1 izA '4 15 3.6 14 27A(c) 1.3 1.3A A(C) , -`� z• 13 $ 2 O 5O 5 sc 1.6A(c) ,r 7.3A 23.6A(C) 11.11.A(c • �^ 7.2A C) b a co Ail2.3A(c) O 8 $ 533.54'S0•E 1.1A(c s.zfi• 7 E2,4455.57 86 1.2A(c) 1 S.D.W • 6 17.1A(C) EZ." 460 , u4 N327,581.80 1.2A c E2.445.254 36 8 () d. l'/•/�q'_ '§,Fi P' yy�° N10N80-E m E2.45,498.5 1/ 149.39S 21.47675 N82.5900•E 1.1A .44,359.4 1' O a ,•,A(D) 3�° ' �z° oe0 3 z" p N323279.b6 TOWN OF SOUTHOLD l YO E1.445,55944 1 3.1A(c) s �°' 14�Q'� NO (O � N 723.200 U � O Z N327.338.07 N87'47'2D•E 1010.85'g O �' 7. E2..5.20760 mg E2..5.20760 VILLAGE OF GREENPORT g MATCH LIN �o4;5e1.25-'` ---- N323,142.44 .d1 1 MATCH LINE 8 SEE SEC.NO.045 �' E24444392�--F)i�y° SEE SEC.NO.045 �Nf L PNOegaBWliro suE4�•don lc,M ,n ya,�e �� 4emi0�4mllrt Iry4xN OeiM lme --rye- N4.E55 DNPMNCB+EBY45E,P11PBCPlBIIlB E Cvmya C°mr^p'p^"q -'7 4wem ) O Pales is --F-- eluae Pu�w L'w 4EF WiMW MEfClLO'MNJ P6TNCT9' `- am 8bc4Bb4 M. (21 Btrl Nv. Ci v44a,ann biLva F.e a -.- -- 1NNV MAI! 5 B EfNUOL E 11 Oem Pmvnamn vnmrow.utme --w - rLne�e�0e4e Lee--r,s110 -- F BE 71 01sT N Suem,s� �`�^---'�` seta Pnanwn w. CeuM u. -- Lio,T 48 wn1lN SUFI lyn Ceee,li�e --L-- Ambut�n Paw line--a-- D PFrcC,4r. 21 Pe4AIe 12.1A14)of 12.IA LV -�_ Kppya --v-- WvuvmtrPwie Lne--YAx-- wI.OVtANCE xPSiEN TlB WTI wea4m 12.1 AIel xugeLxe -____ Se.Ya Pure l.m -s-- REM ------------