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HomeMy WebLinkAbout6859Al/ 5Y�518 i cc 1000�) /,CA7?FA A) P14 (ollfl'ls- Gizw4-(P) ")ccv4 be" to joeti4 � � �2.�7�f��-Die. �K� � /�/'�l � �2 y �. �,� ��, �`� r�v��% � 1���. Ari i�� .�c��� �,�' /Ics- 5Y7 o, 131 jq,�P 7 PH cAy BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RECEIVED mid //�35At, 2 3 2015 &*u* o Q nGer FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 18, 2015 ZBA FILE: 6859 NAME OF APPLICANT: Andreas Pfanner PROPERTY LOCATION: 2725 Harbor Lane (275 Oak Street), Cutchogue, NY SCTM#1000-136-1-24.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 5 2015 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property consists of lots 88-92 and 99 to 110 incl. from the filed map of Eugene Heights, dated October 29, 1928 No. 856. It contains a Lot area of 51,335.9 sq. ft. with 324.36 feet on the west side of Harbor Lane, 125.00 feet to the north, 128.31 feet to the south, 200.00 feet to the east. It is improved with a one story dwelling, and detached frame garage. The contiguous lot to the east, which fronts on Oak Street, has 177.31 on the easterly and southerly side of the same public road. The single contiguous parcel is improved with an existing 1 story frame garage and a large frame garage currently under construction. All indicated on a survey produced by Kenneth Woychuk, Surveyor dated March 6, 2012 last revised 04-07-15. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15, and the Building Inspector's March 4, 2015 Notice of Disapproval based on an application for a building permit for construction of an "as built" accessory garage and "as built accessory sheds. At: 1) less than the minimum side yard setback of 15 feet, 2) accessory garage proposed at more than the code required maximum size of 750 square feet. 3) accessory garage proposed in other than the code required rear yard, 4) accessory sheds located in other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to construct the partial "as built" garage that is under construction in an area other than the rear yard; a total size of 924 sq. ft. which is larger than the code permitted maximum of 750 square feet and a side yard setback of 11.4 feet where the code requires a minimum of 15 feet. Together with the construction of "as built" wood sheds that were built in the front yard where the code requires a rear yard location. Page 2 of 3 — June 18, 2015 ZBA File#6859 — Pfanner SCTM# 1000-136-1-24.2 AMENDED APPLICATION: During the hearing, the agent for the applicant indicated on the record, and in the application, that his client is willing to bring the cement slab foundation of the garage presently under construction into conformance. This will be done by reducing the cement slab to a code conforming size of 748 sq. ft. by removing 178 sq. ft. which will also eliminate the need for a side yard variance. He also agreed that when the two existing "as built" wood sheds that are located in the non-confonning front yard (Oak St.) are no longer usable and need to be replaced, to relocate them in line with the present one story garage that is setback 28 feet from Oak Street. ADDITIONAL INFORMATION: The subject property has two prior ZBA applications; the first under #5472 in 2004 was withdrawn by the applicant for a lot line change. The second under file #6707 was granted for a waiver of merger with adjoining lot #'s 21 & 22. At that hearing the decision merged lots 20 & 24.1 which created the present lot 24.2. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 4, 2015 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(I). Grant of the amended variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcel is one of the largest parcels in the subdivision at 1.18 acres and is a through lot that fronts on two streets. It contains a one story dwelling with detached garage facing Harbor Lane and, on Oak Street, another one story garage in the front yard, two "as built wood sheds, and a large one story garage under construction in a similar location. The subject accessory garage is not visible from the road because it is well screened by existing mature evergreens, and is being reduced to a conforming size. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The "as built sheds and large garage under construction' could be located in an area other than a front yard. However, based upon the location of the dwelling on the lot, the accessory structures are located in an area that effectively functions as a rear yard. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code. However, based upon the unique size and configuration of the parcel which has two front yards on two Public Roads, the applicant has a limited building envelop for accessory structures. 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 applicant must comply with Chapter 236 of the Town's Storm Water Management Code for all structures. 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 X267 -b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage and wood storage sheds 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 Dantes, and duly carried, to Page 3 of 3 — June 18, 2015 ZBA File#6859 — Pfanner SCTM# 1000-136-1-24.2 GRANT, the variance for the two accessory wood sheds as applied for, and DENY the accessory garage as applied for, and GRANT the relief as AMENDED, and shown on the survey from Kenneth M Woychuk, Surveyor, dated March 6, 2012, last revised 04-07-15. Subject to the following condition; CONDITION: 1. The two "as built" small wood sheds can remain in their current nom -conforming location while they are functional. In future if they need to be replaced, they must be relocated to the same setback as the existing one story barn/garage which has a 28 foot setback from Oak Street. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante, Goebringer. This Resolution was duly Zate 0) ,\ Ic Leslie Kanes Weisman, Chairperson Approved for filing 6 1,22 /2015 S.C.T.M.# DISTRICT 1000 SECTION 136 BLOCK 1 LOT 24.2 I � N,62.01'10"E 125.00' 0 0 w I a a STONE to MON, �' rn FRM. > O / c M STORAGE in SHEDS M kh 00 0 ro U w O ci z z 3 p:. O �.:<;:: .::: STONE ORNE'1NAY. ^ ii ;`".`.`.`:'. 22.0'i;: v z v®WELL N ry L1Ly22 W �i F+� = � U M H tUY 27.3' t 36.3'::;;:?::::?;:i::? N :.O•.r:'i:;:�`!4':4:�:i::i:;i::.�'•`:!^:i:•i:i:i4i::}:�:j�:f t O �i27. 1' :........................::.....:: ZE;:,:::r;; LOT 103 0 w I a JAJ 0 ....... . ;:;;• ;. ;•::;•;:..::;;;: MON. 3 BRICK LOT 102 I� STOOP STONE to MON, �' co > O / c M in M kh ro JAJ 0 FINAL MAP REVIEWED BY ZBA SEE DECISIO # DATED 1 I � I 0 00 t0 00 LOT 87 N82.01'10 "E LOT 88 N Lor as M. GARAGE UNDER CONST. 125.00' } MON. r` N 28.0' -- .: ...............:......:::.:. 21.6' - PORTION OF DCISTING 22.4' GARAGE TO REMAIN 3'xf' -,'IF I I WOOD I r` , �______� PORTION OF EXISTING SHED LOT 90 GARAGE TO BE REMOVED. LOT 91 ,l. MON.- vO' MON. LOT 92 LAND N/F OF / BWR McBRIDE fix\ gk .... . \Vol \ n�0 m F?ECEIVEIJ APR R 2015 ZONING BOARD OF APPEALS -a to 7H£ WATER SUPPLY, WELLS, DRYWELLS AND CESSPI LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA: 51,335.9 SQ.FT. or 1.18 ACRES ELEVA770N DATUM. UNAUTHORIZED AL7ERA77ON OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA 77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF 7HE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 7HE S7RUC7URES ARE FOR A SPECIFIC PURPOSE AND USE ]HEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, AD017IONAL STRUC7URES'OR AND 0774ER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUC7UR£S RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE 77ME OF SURVEY SURVEY OF: LOTS 88-92 do 99-110 INCL. CERTIFIED TO: ANDREAS PFANNER; MAP OF: EUGENE HEIGHTS FILED:OCT. 29, 1928 No.856 SITUATED AT: CUTCHOGUE Town OF: SOUTHOLD KENNETH K WOYCHUK LAND SURVEYING, PLLC REVISED 04-07-15 SUFFOLK COUNTY, NEW YORK P.O.Boz 153 A uebo Professional Land Surveying ue Nem York 1and Design UPDATE SURVEY do LOC. FOUNDATION 02/25/15 4 t FILE N 21-237-3 SCALE: 1=30' DATE: MARCH 6, 2012 PRONE (631)208-1588 FAX (631) 298-158 N.Y.S. LISC. NO. 050882 maintaining the recerdie of Robert J. ienneeq & Kenneth K. Wychuk ....... . ;:;;• ;. ;•::;•;:..::;;;: MON. 3 BRICK LOT 102 I� STOOP STONE to MON, �' PARKING AREA LOT 101 LOT 100 \ > O / c / z FINAL MAP REVIEWED BY ZBA SEE DECISIO # DATED 1 I � I 0 00 t0 00 LOT 87 N82.01'10 "E LOT 88 N Lor as M. GARAGE UNDER CONST. 125.00' } MON. r` N 28.0' -- .: ...............:......:::.:. 21.6' - PORTION OF DCISTING 22.4' GARAGE TO REMAIN 3'xf' -,'IF I I WOOD I r` , �______� PORTION OF EXISTING SHED LOT 90 GARAGE TO BE REMOVED. LOT 91 ,l. MON.- vO' MON. LOT 92 LAND N/F OF / BWR McBRIDE fix\ gk .... . \Vol \ n�0 m F?ECEIVEIJ APR R 2015 ZONING BOARD OF APPEALS -a to 7H£ WATER SUPPLY, WELLS, DRYWELLS AND CESSPI LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA: 51,335.9 SQ.FT. or 1.18 ACRES ELEVA770N DATUM. UNAUTHORIZED AL7ERA77ON OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA 77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM 7HE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF 7HE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 7HE S7RUC7URES ARE FOR A SPECIFIC PURPOSE AND USE ]HEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, AD017IONAL STRUC7URES'OR AND 0774ER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUC7UR£S RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE 77ME OF SURVEY SURVEY OF: LOTS 88-92 do 99-110 INCL. CERTIFIED TO: ANDREAS PFANNER; MAP OF: EUGENE HEIGHTS FILED:OCT. 29, 1928 No.856 SITUATED AT: CUTCHOGUE Town OF: SOUTHOLD KENNETH K WOYCHUK LAND SURVEYING, PLLC REVISED 04-07-15 SUFFOLK COUNTY, NEW YORK P.O.Boz 153 A uebo Professional Land Surveying ue Nem York 1and Design UPDATE SURVEY do LOC. FOUNDATION 02/25/15 4 t FILE N 21-237-3 SCALE: 1=30' DATE: MARCH 6, 2012 PRONE (631)208-1588 FAX (631) 298-158 N.Y.S. LISC. NO. 050882 maintaining the recerdie of Robert J. ienneeq & Kenneth K. Wychuk DUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner May 5, 2015 Totem of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: RECEIVED MAY 14 2015 BOARD OF APPEALS Division of Planning and Environment Pursuantto the requirements of SectionsAl4-14 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 Fle Number Pfanner, Andreas #6859 Kolyer, Steven & Andrea #6860 Southold Farm and Cellar Inc. #6861 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 OGS161t_-_ 1f_r RECEIVED APR 8 2015 FORM NO. 3 � � � ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: March 4, 2015 TO: Andreas P fanner 2725 Harbor Lane Cutchogue, NY 11935 Please take notice that your application dated February 3, 2015: For permit to construct `.`as built" accessory:iaara e and "as built" accessory sheds at: Location -of property: 2725 Harbor Lane 'aka 275 Oak Street Cutchogue, NY County Tax Map No. 1000 - Section 136 Block 1 Lot 24.2 Is returned herewith and disapproved on the following grounds: The "as built" accessory garage, on this conforming 51,335 sq. ft. lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-15 lots measurin 40,000 to 59,999 square feet in total size, require a minimum side yard setback of 15' feet, the accessory garage, is shown at 11.4' ft. Additionally on lots 20 000 to 60,000 so, ft. such -building shall not exceed 750 sq: ft., the accessory garage is 924 sq. fft. Furthermore, the accessory garage is located in other than the code re uired rear yard, Also, "As built" accessory wood sheds(two) are. located in front yard where the code requires a rear yard location. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the -Southold Town Building Department. CC: file, Z.B.A. RECEIVED Fee: $ Filed By: Assignment No. F APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Z Street A4V,&?4&& LlJ VX Hamlet C UT r Ma 6Ur. .3/ 3.�,5sQ� SCTM 1000 Section./.36 Block / Lot(s) Z4,2 Lot Size ZoneR-46 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSP CTOR DATED 3%!:h20/r BASED ON SURVEY/SITE PLAN DATED ZD/Z Applicant(s)/Owner(s): Mailing Address: 115" AO—ZZQW 401F,64 ReQ4/ILY�y A/Y !/ZZZ Telephone:7'/8—?c?_-?— Fax: Email:CO/! 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: Hl/S'�y�q L_ ..�1. leyl!w el for 00 Owner ( )Other: Address: IX/ ,,/tL_F,M&QQ!� AVJ:, _ N Y /V ?6/ Telephone: 61Z Z/r/3Fax: Emai1:"t-/iy4 cleg V5AptM4,,e 44Z Pr— Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), 00 Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BU LDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit If () Certificate of Occupancy () Pre -Certificate of Occupancy ( ) Change of Use ( ) Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: // / Section: 28d Subsection: /5— 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 00 has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). 41,6 7 Year(s). 1614 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# �WJ10CW" J'1ZU15r 67 0 '7 PW/Owerzww eAwv /VOL'OW&st GIC 5V74 RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with p�reep�areer's 2015 signature notarized): ZONING BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because:p;S/C Sly! X0/2 71V6 0 V/i.-549 alfGU�/IGe OXle- f'T!F) ,--w0y e 641U r vvi2>e s< ,�ir�CE�d�v��r ebb iz ,¢w,n ,��T,4W.u� / r?' .rE pl�Upo1�� Pin/-< LLY �J`-�UIL�; �,��apt l .¢ccEssayzy ewc ': 6s L o cA➢"i5p meex: / 6a ter. bo r er 11AWSOrMN10= 2. The benefit by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: e,0A6r1-P,a/2,0 fib Z r1eonry YxWX11MeN-,,o& z4Nr o'dag-ry: I cUIVI 45i-.oe JY1,' 0 CT 7V AN "�I7�2=i2 �.S�M ZF`4/1 ,/>. "C4710W 4Z- p , 3. The amount.of relief requested is not substantial because: ON✓� y1��/a� 'e!5x1-P•Ts' 7U/0 e1W ,� c cEfso �y /31.vGs' �� .¢ ✓�'oJZ% iJ� �1G0!'d/'- �U/lD" G O C✓JoN AWG.1XUr 01/ �!0/an F-0 rme-: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: lh4,�5 NZI&N,47 l�%��ld �/' CO/y1'i�J/ J7 �• G,�JY' �LLy <//i�dE/2nZ� Lames' Gu�TJ� �jy�p- ,q- /`�OJ�� c ©� �.�Z/.��y �c. a/� ✓�� cam,, ��/.EL1/r✓G r, G/�/2A- G,ES )Pt?OLP , cc v/Ly ,e4P65* 5. Has the alleged difficulty been self created? {XYes, or { } No Why: Are there any Covenants or Restrictions concerning this land? X No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to befor me this 6l�,day of 20LS. L Notary PublicP CONNIE D. BUNCH Notary Public, State -of New York. No. 01 SU6185050 Quall ied in Suffolk County Comm adlon Expires April 14,2_Q APPLICANT'S PROJECT DESCRIPTION APPLICANT: &/G'���}L ,4. DATE PREPARED: 1. For Demolition of Existing Building Areas DECEIVED Please describe areas being removed: N41 ZONING BOARD OR PPEI o ep —^-.�--vr-rsr r �s�arici II: New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: _ _ 22,�. gP�?48. 06 J'Q. FT� Dimensions of new second floor: _ Al W,,� Dimensions `of floor above second level: ,VaN,E Height (from finished ground to top of r-id.ge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO CAI ✓ AR III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: AZ 1A/V_5. Number of Floors and Changes WITH Alterations: LTIV.6 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 044.8 e6 -Proposed increase of building coverage: 06 1.71 94 9Z Square footage of your lot: -Percentage of coverage of your lot by building area: j'.�&Jong, '. 0 3 V. Purpose of New Construction: _ X%a e"&2 Azy& 7V Az VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 A. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes _XNo Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. RECEIVED APR 8 2015 ZONING BOARD OF APPEALS C. 1.) Are there areas that contain sand or wetland grasses? AAQ 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? A40 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A 9 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? V,6S9 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: p 0gpt'dY. L L&7Tf 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? Al 0 If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel 6>V,1WV6 J/A%C,, ,r1y/d/LY lt/�#CCCJmwvzi oeg pj�aLS — and the proposed use _0&=L .0cg5gy''®it .;V4V Yo 4946WVJ� (ex: existing single family, proposed: same with garage, pool or other) Aut orized signature and Date �t AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239rn and 239n of the General Municipal Law. 1. Name of Applicant:/4'1/C/yi��C 2. Address of Applicant: :%V ,p/IfX,-/�1 A.& , A-,, O/ 3. Name of Land Owner (if other than Applicant):-j(�QY Aoe"A1,,�i 4. Address of Land Owner: J'r._8�'OO.Lx/1��,�J/�y /f2zZ 5. Description of Proposed Project: 6. Location of Property: (road and Tax map ® ' number) 7725 f&tlipO-49 L. N:/ 5 C v -y --C &146� 7. Is the parcel within 500 feet of a farm operation? {) Yes WNo 8. Is this parcel actively farmed? { } Yes X 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 � 63 \,J 2. 3. 2015 4. ZONING Rnnn t _ 5. APPEALS 6. (Please use the back of this page if there are additional property owners) 41 Signature of Applicant Date Note: 1. The local Board will solicit comments fi•om 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 c6mpleted Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: 4CAY,,V - 00V ACC,5T_r,0XY A/i�c rvG Project Location (describe, and attach a location map): Brief Description of Proposed Action: "Ode le'Alev U�rf,VTON r r/ -P/ ,� /`raP/,o 0 . c�ti��n� ��� f'Q /.fix - -c/2 ACcc7/�D/zy ,�1�0G S Name of Applicant or Sponsor: Telephone: - 72Z0tv- E -Ma' : C/GZ'eig V W Oz_ Address: 93elr f City/PO: State: Zip Code: MY. I //90/ 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? �, % R acres b. Total acreage to be physically disturbed? GE: 02 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial Residential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland RfECEivEb Mrlt a ZU15 ZONING BOARD OF APPEALS 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A P� 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X, y 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: MAIMS=250 ,Cc6992 &AfiAG,r- NO YES X" 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES X 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES �/ /� 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO i$'YES RECER NO YES ED APR 8 2 Page 2 of 4 ZONING BOAR® OF APPEALS 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES X small to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES X 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE L'� Applicant/sponsor name: ZVJC .� Date: 4J4� Signature: ZV4 Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" APR 9 2015 Page 3 of 4 ZONING BOARD OF APPEALS No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, RECEIVED waterbodies, groundwater, air quality, flora and fauna)? APR 9 2015 Page 3 of 4 ZONING BOARD OF APPEALS 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer ,9__600`_ Signature of Preparer (if different rom Responsible Officer) T.. Page 4 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 Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer ,9__600`_ Signature of Preparer (if different rom Responsible Officer) T.. Page 4 of 4 ZONING BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of'Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : .4 (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit x Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) n C) an officer, director, partner, or employee of the applicant; or D) the actual applicant yr / DESCRIPTION OF RELATIONSHIP Submitted this 6 day of. /` 21j00// Signature���/� Print Name ZZ62 1-CE4 14�G//'7,4P/� RECEIVED S 2015 OF APPEALS ZONN6 BOARD 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 : &&& P��Y/II�iP (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Y Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest' means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) RECEIVED C) an officer, director, partner, or employee of the applicant; or D) the actual applicant APR 8 2015 DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this Z3 day of K HILI , 20 Signature Print Name dN 2ey Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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 malting 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 / ZM5 �'�' . scTM# pPR � Z ZONING 30A9,0 OF ApPEAL' The Application has been submitted to (check appropriate response): Town Board 11 Planning Dept. 0 Building Dept. ® Board of Trustees 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: !/CD76V 24aP J-0. 1AC1C g1Y,4/Z,V el"PG. A Il_A/n A--kl h -j ,j. , /> r /Lioi l 1C)4p �`"O rolVArX/y 70 :p D J -45)A /7iS2aU�y U/y Location of action: -84e,9CVZ Z,0.4/ co 3r4L0f5IJ,E Site acreage: /, /,Q G Q -333— 9 Present land use: ,MD,0"zM2— Present zoning classification: 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:_ 4,V y 65AAMQL (b) Mailing address: //gamyN Al jy //2ZZ (c) Telephone number: Area Code ( )_le_�?®-3— 40 4Z (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency a<j g Yes ❑ No 0 If yes, which state or federal agency? DEVELOPED COAST POLICY RECEIVED APR 8 2095 ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No © Not Applicable T d 72F- ('/— 11,07" L ei Ctl7�� 4Z a&e& CDASX- Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ® Not Applicable v`W?z 445 " 66lOn A' L 6G/ M /2�J'DUl2�S' 0 09 Z al) are y62,t 7TH ,nne--o4,S Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No O Not Applicable 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 ®Not Applicable Yes 0 No APR 8 2015 Attach additional sheets if necessary ZONING BOARD OF AppC-ALS Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 0 Yes 1:1 No ® Not Applicable OV. --II i� ZZO—M1, „ 2 AM' / Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes []No ® Not Applicable �/ZD� %Zig /✓'�Ol/2rgiV/> ,42 Dly Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No R Not Applicable 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 IR Not Applicable APR 8 9nj5 ZONING BOARD DE apPEAS 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. ❑ Ye4FRI No ❑ Not Applicable i Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [X Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ NoW Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No IM Not Applicable CQ U REE rvfEr, Attach additional sheets if necessary APR 8 2015 Policy 13. Promote appropriate use and development of energy and PEx1g� LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No X Not Applicable Created on 5125105 11; 20 AM Michael A. Kimack Attorney at Law 321 Riverside Drive Riverhead, New York, 11901 / n Tel. 516-658-6807 C�5 `� E-mail: mkimack2@verizon.net RECEIVE[) APR 8 2015 April 7, 2015 ZONING BOARD OF APPEALS To: Southold Zoning Board of Appeals Subject: Application of Andy Pfanner 2725 Harbor Lane , Cutchogue SCTM: 136-1-24.2 A Notice of Disapproval was issued for the above referenced property citing an as built accessory garage as exceeding the minimum side yard setback, exceeding the maximum squre footage permitted and being located in other than the rear yard. In addition, two as built wood sheds are located. in other that the rear yard. The intent of this application is to remove the four cited violations in the following manner: As built accessory garage will be taken down, the foundation modified and reconstructed so the side yard setback is greater than the required setback of 15 feet (16.9 ft.) and the building does not exceed 750 square feet (748.06) . Due to the fact that the lot is now fronted on two streets, Harbor Lane and Oak Street, it has two front yards, which simultaneously, are also two rear yards. This has created the remaining two violations as accessory buildings in other than the rear yard. We respectfully request the Board designate Harbor Lane as the only front yard for the property. This will then place both the as built garage and wood sheds in the rear yard, which is permitted under the code, thus eliminating the remaining two violations. Sincerely, Michael A. Kimack, Agent FORM NO. 4 TOWN OF.SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 28125 RECEIVED APR 8 2015 ZONING BOARD OF APPEALS Date: 12/18/01 THIS CERTIFIES that the building DWELLING & ACCESSORIES Location of Property 2725 HARBOR LA CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 136 Block 0001 Lot 020 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 28125 dated DECEMBER 18, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH SCREENED PORCH AND ACCESSORY TWO CAR GARAGE WITH ATTACHED STORAGE.* The certificate is issued to MARGARET FRIIS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. "-'L-11;z I - // Au �K-rized Signature Rev. 1/81 No.... X97.57....... . ri FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy RECEIVED APR 9 2015 ZONING BOARD OF APPEALS Date ...... NO.V@IPIOQr' . 23.. • ....... 1. , 19..7.9 THIS CERTIFIES that the building ................................................ Location of Property West .side of Oak Street Cutchogue, N.Y, House No. Street Hamlet County Tax Map No. 1000 Section ... 36 .....Block .... 01 ........Lot ...023. & 024 88, 89, 90 Subdivision ..b ene• Heights ... • • .......Filed Map No. .. 8�.6 ..Lot No. 9? •&- 9� requirements for a vacant building built prior to conforms substantially to the p 3 Certificate of Occupancy 29757.. Aril 2 . 1957. pursuant to which xK No. dated .. November. 23 .. _ . • ....... 19 .79, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Vacant non-habiab tle Building ............ • .. _ ... _ ... _ . The certificate is issued to .... Jean. E. Dirmer. & .Ano.... ................... . (owner, /aaaconmmoxk of the aforesaid building. Suffolk County Department of Health Approval ............ NIR .......................... N/R UNDERWRITERS CERTIFICATE NO .................................................. N Rev ans Building Inspector NOV 13 2013 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. . Certificate Of 'Occupancy No...?696 .......... RECEIVED APR 9 2015 ZONING BOARD OF APPEALS FIES that the building ............................. ...:.... ........ THIS CERTI. Location of Property 2835. Harbor . Lane/250 Oak Street , , , . , , _ Cutc�We Housr.Aia ........ ..... .. Sbwr ... Hamlet County Tax -Map No. 1006 Section ...13.6 .....Block .. �:�.........Lot . 491 A. ?9 Subdivision .. B. 4 . Ii@Agbtp .......... ..Filed Map No. :.Lot 146.93. tbxongh. 9.8 conforms substantially to the' Application for Building Permit heretofore filed in this offlee dated ,1974. pursuant to which Building Permit No. ... 748Z...... .. . dated .... Ju?y. 25 ............. . 19 74 , was issued, and conforms to all of the requirements Of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... . .................Vv aA .AO.0ggopry.IDP.34 Ag .................................... The certificate is issued to ......... . . 4Q1)ePt JXrQ4 .. . . fowntr41Hi�1 of the aforesaid building. Suffolk County Department'of Health Approval ................. NIR ..................... UNDERWRITERS CERTIFICATE NO ......................... u/R ............ ....... Li;g.nspector Rev 4M Permit #: 38761 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT REcEIv 6 0 APR 9 2015 6.7 ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Deroski Betty R Revoc Tr c/o Twomey Latham Shea Kelley PO BOX 9398 Riverhead, NY 11901 Date: 4/2/2014 To: - Demolish a 22.5'X 42.6' building as applied for & to the conditions of ZBA decsion #6707 At premises located at: 275 Oak St, Cutchogue SCTM # 473889 Sec/Block/Lot # 136.-1-24.1 Pursuant to application dated 3/13/2014 and approved by the Building Inspector. To expire on 10/2/2015. Fees: DEMOLITION Total. Building Inspector $387.55 $387.55 y� TOWN OF SOUTHOLD �aECEIv�t�� o�S11FF�jk�o�: BUILDING DEPARTMENT SPR 9 20 C� 1 TOWN CLERK'S OFFICE ,� o SOUTHOLD, NY ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 39227 Date: 9/30/2014 Permission is hereby granted to: Deroski Betty R Revoc Tr c/o Twomey Latham Shea Kelley PO BOX 9398 Riverhead. NY 11901 To: Electric Service for Barn At premises located at: 275 Oak St, Cutch SCTM # 473889 Sec/Block/Lot # 136.-1-24.1 Pursuant to application dated 9/30/2014 and approved by the Building Inspector. To expire on 3/31/2016. Fees: ELECTRIC $90.00 Total: $90.00 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 2015 Town Hall V0. 11 Southold, N.Y. ZONING BOARD OF APPEALS V L K N BUILDING PERMIT 1 (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL I� COMPLETION OF THE WORK AUTHORIZED) JLL C, Itis PERMIT NO. 32690 Z Date FEBRUARY 1, 2007 Q Permission is hereby granted to: ROBERT J DEROSKI PO BOX 906 CUTCHOGUE,NY 11935 for : CONSTRUCTION OF AN ACCESSORY STORAGE BUILDING AS APPLIED FOR. (THIS REPLACES BP 429953-Z) at premises located at 275 OAK ST :'aunty Tax Map No. 473889 Section 136 pursuant to application dated JANUARY Building Inspector to expire on AUGUST Fee $ 155.40 N Rev. 5/8/02 CUTCHOGUE Block 0001 Lot No. 024.001 31, 2007 and approved by the 1, 2008. ORIGINAL /07' W/C • a/a��r 6'9 RECEIVED APR 8 2015 ZONING BOARD OF APPEALS BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net RECEIVED V6 APR 8 2�pythold Town Hall 530955 Main Road • P.O. Box 1179 G BOARD D1 q Y 11971-0959 i ai Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20, 2014 R CEVE 4 �O FE 2 7 2014 So olI 2-Cte �4 ZBA Application No. 6707 Applicants/Owners: Betty Deroski Revocable Trust SCTM#'s1000-136-1-24.1, 21 & 22 Property Location: 275 Oak St., 2835 & 2855 Harbor Lane Cutchogue, NY SEQRA DETERMINATION: The Zoning. Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 30, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 14,496.50 square feet (CTM1000-136-1-24.1) from an adjacent land area of 17,941.57 square feet (CTM 1000-136-1-21 and 22), based on the Building Inspector's Notice of Disapproval pursuant to Section 280-10(A), determining the properties have been merged. ADDITIONAL INFORMATION: At the Public Hearing, the Applicant represented to the Board that the parcel would be purchased by an adjacent property owner and merged with the adjacent parcel (SCTIvI No. 1000-136-1-20) to create a single conforming lot in this community, in the event that the Board granted the application. Further, the Board requested information from the Applicant regarding the relationship between Blair McBride and Betty R. Deroski. Applicant's agent provided a copy of the Betty R. Deroski Revocable Trust Agreement, which, required that Blair McBride receive the improved property outright along with Betty Deroski's cats, truck and car. Additionally, a Pre -CO was submitted for the existing accessory garage that was on the property since prior to zoning and may have been in its current location since prior to the subdivision. Page 2 of 3 — February 20, 2014 ZBA#6707 — M-roski SCTM#1000-136-1-24.1,21 &22 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 9, 2014 and February 6, 2014 at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged prior to the death of the owners. At the onset, it is necessary for this Board to determine whether the Applicant has provided evidence of an appropriate relationship with the prior owner, Betty R. Deroski. Section 280-11 requires that "[t]he lot proposed to be recognized has not been transferred to an unrelated person or entity since the time the merger was effected". Traditionally, this Board has held that an Applicant must establish a familial relationship (a blood or marital relationship) to satisfy this requirement. However, based upon the information provided by the Applicant, including the Trust Agreement, the Applicant has established an acceptable (though not familial/marital) legal relationship under this section of the Code. The Board finds that it is appropriate to expand its prior interpretation of this language to include persons who inherit property through a trust agreement, a will or similar legal instrument. Here, the Applicant inherited the property through a trust agreement and the Board finds that such a transfer was not to an "unrelated person". Pursuant to 6280-11, the Zoning Board finds that: 1.The waives would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: Eugene Heights Subdivision contains lots that are similar in size to the two lots that are proposed to be un -merged. The average size lot in the Eugene Heights subdivision :is 15,000 square feet. The undeveloped subject lot (SCTM #1000-136-1-24.1) is 14,496.50 sq. ft. and 'i's located in a densely populated built -out neighborhood. 2. The waiver would recognize a lot that is not vacant and has not historically been treated and maintained as a separate and independent Residential lot since its original creation because:, Based upon, the information in the record, these lots have historically been treated as a single lot with the adjacent lots (SCTM no. 1000-136.1-21&22) which contains a principal residence and the subject lot containing the accessory structures. There is no fence or hedge line that delineates the property line. Other than the fact that the lots received two separate tax bills, there was no information provided to satisfy the Board that these lots were treated as separate lots. 3. The proposed waiver and recognition will not create an adverse impact on the physical or Environmental conditions in the neighborhood or district because: The subject parcel is proposed to be merged with the adjoining parcel to the west (Lot 136-1-20), which will create a more conforrning parcel and will eliminate a potentially developable lot. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Weisman (Chairperson), seconded by Member Dantes, and duly carried to GRANT, the waiver of merger as shown on the survey by Kenneth M. Woychuk, LS, dated" March 6, 2012, last revised 6-25-12, subject to the following conditions: RECEIVED APR 8 2015 CONDITIONS: ZONING BOARD OF APPEAL Page 3 of 3 — February 20, 2014 ZBA#6707 — Deroski SCTM#1000-136-1-24.1, 21 & 22 CONDITIONS; 1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as SCTM# 1000- 136-1-24.1 (275 Oak Street Cutchogue, NY) be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. 2. Proof of the merger of subject lot 1000-136-1-24.1 to 1000-136-1-20, and the removal of the "old school house" be provided to the ZBA within 2 years of the date of this decision. Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. Vote of the Board.- Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted (4-0). ft4� IL r�e-� Leslie Kanes Weisman, Chaii . rson Approved for filing % /)x. /2014 RECEIVED APR 9 2015 ZONING BOARD OF APPEALS S.C.T.M. NO. DISTRICT: 1000 SECTION: 1J6 BLOCK: I LOT(S):21,22 & 24.1 • V A° 5b 1° LOT 103 _� uo LOT 102 p V • o LOT 101 i LOT 100 yv RECEIVED APR 2015 ZONING BOARD OF �PPEALS I 1 q0w .► 0.33 ACRES 9'1 Tq ON. BLAIR / yO1 BLAIR McBRIDE: 17,941.57 SO. FT. 1 0.41 ACRES P� Y.N.O Q ; M10� I FINAL MAP 'r REVIONED BY ZBA SEE DECISION # 41 DATED_, PDD LOT 92 a q� O ypS /OM1 •19,%, N o Vc' a tout. LP jAb h to R O I� Vol RECEIVED NOV 13 2013 e BOARD OF APPEALS 5 THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS REVISE CERT. 05-25-12 AND OR DATA OBTAINED FROM OTHERS. AREA: 32,438.07 SOFT, or 0.74 ACRES ADD,TAx LOT 21 5-25-2012 ELEVATION DATUM: _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION OF S£C770N 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY 15 PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AIIO TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES; ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES A7 THE 77ME OF SURVEY SURVEY OF: LOTS 88-95 INCL. CERTIFIED TO: BLAIR McBRIDE; MAP OF: EUGENE HEIGHTS JAY P. QUARTARARO, AS SUCCESSOR TRUSTEE FILED: OCT. 29, 1928 No.856 OF THE BETTY R. DEROSKI REVOCABLE TRUST AGREEMENT DATED FEBRUARY 29, 2000; SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design P.O. Box 3, Mattituck, New York, 11952 PHONE (031) 298-1588 PAX (591) 296-158B FILE # 12-19 SCALE: 1 =30' DATE: MARCH 6, 2012 N. Y. S. UC NO. 50227 m.lntat.l.g the —.rd. d Robert J. ll --y 12s.00. Loi 8 6�,01 10"E 28.0, LOT BB Io WNW. w LOT 89 � mO 20' BLDG. y� 0 LOT 90 ` JAY P. OUARTARARO, AS SUCCESS u' LOT OF THE BETTY R. DEROSKI REVOCI 91 AGREEMENT DATED FEBRUARY 2: 14,496.50 SOFT. q0w .► 0.33 ACRES 9'1 Tq ON. BLAIR / yO1 BLAIR McBRIDE: 17,941.57 SO. FT. 1 0.41 ACRES P� Y.N.O Q ; M10� I FINAL MAP 'r REVIONED BY ZBA SEE DECISION # 41 DATED_, PDD LOT 92 a q� O ypS /OM1 •19,%, N o Vc' a tout. LP jAb h to R O I� Vol RECEIVED NOV 13 2013 e BOARD OF APPEALS 5 THE WATER SUPPLY, WELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS REVISE CERT. 05-25-12 AND OR DATA OBTAINED FROM OTHERS. AREA: 32,438.07 SOFT, or 0.74 ACRES ADD,TAx LOT 21 5-25-2012 ELEVATION DATUM: _________________________ UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION OF S£C770N 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY 15 PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AIIO TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES; ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES A7 THE 77ME OF SURVEY SURVEY OF: LOTS 88-95 INCL. CERTIFIED TO: BLAIR McBRIDE; MAP OF: EUGENE HEIGHTS JAY P. QUARTARARO, AS SUCCESSOR TRUSTEE FILED: OCT. 29, 1928 No.856 OF THE BETTY R. DEROSKI REVOCABLE TRUST AGREEMENT DATED FEBRUARY 29, 2000; SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M. WOYCHUK L.S. SUFFOLK COUNTY, NEW YORK Land Surveying and Design P.O. Box 3, Mattituck, New York, 11952 PHONE (031) 298-1588 PAX (591) 296-158B FILE # 12-19 SCALE: 1 =30' DATE: MARCH 6, 2012 N. Y. S. UC NO. 50227 m.lntat.l.g the —.rd. d Robert J. ll --y G • • tECEhl;=� f ' — NOV 13 2013 C= TER r.4� if , a — ^— _ _ • _ — � noncE COUNTY OF SUFFOLK Real Property Tax Service Agency FINAL MAP REVIEWED BY ZB� SEE DECISION # DATED 1 a D/ a0 136 i 4 ", � �� °- �- •�:= - � �. � � 2015 R gOAR of gppews ZpNING �,rnPcr io11 6L aq. -----`- WNYyv- G • • tECEhl;=� f ' — NOV 13 2013 C= TER r.4� if , a — ^— _ _ • _ — � noncE COUNTY OF SUFFOLK Real Property Tax Service Agency FINAL MAP REVIEWED BY ZB� SEE DECISION # DATED 1 a D/ a0 136 . ...... TOWN OF SOUTHOLD PIOPERTY RECORD CARD OWNER STREET 6 VILLAGE DISTRICT SUB. LCIVF?,t' IL 7 L //,a;- -o A e. Cf'61 74c,4 a LAND IMP. TOTAL ,FORgLOXNER N E v ACREAGE .100 00 eRm., Z: 7 V3,P Z 7A e S Ive )0 C) 0 W TYPE OF BUILDING 4 97Y/ RES. SEAS. VL. FARM 'Comm. 11ND. M11SC. I CB. MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS Q A rd, a,,7/ 7 7Ldro .100 00 eRm., Z: 7 V3,P Z 7A e S )0 C) 0 4 97Y/ 61q do- Qaod 13.?- i��Irz> ski& 16tr6sk, C 1e0-hq.--nD ;A -A0&9 - LA "'i 40 Jqlc!: AGE BUILDING CONDITIONPet hae-En,5�46 NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD —illable I BULKHEAD Tillable 2 DOCK Tillable. 3 Woodland RECEIVE,) Swampland. APR 8 of Brushland ZONINc, 80AA—P, House Plot APPEALS Total TOWN OF SOIUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB, LOTIV791? _9y_ yj-- h e C&I 7G.,4 e. 4/ -c - -eFORM FORMER O! NER� r N E ACREAGE SIG JOSk, 2voGTt'u ka`i C 4Dd S^ 6 ,ryl 1��77 W TYPE OF BUILDING RES.0�`Q SEAS. VL. FARM COMM. I IND. CB. I MISC. ! Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS - J- J: 7 X1 J:7X/ N e) F, e y !/ 600s, o U 31 o o �` iC; as -Qq -L l d 5 $ t of L`i� r'D b 'frulltl�a us+ r1.t_G Tr 5� L 5 Iq�10 - � [,-w - k` woc '7 4D e- G - Ile, AGE BUILDING CONDITION NEW NORMAL 'BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value o a FRONTAGE ON ROAD 175 9, "7F, liable 1 BULKHEAD �tillable 2 DOCK Tillable, 3 Woodland Ifo Swampland RECEIVED Brushland APR 8 - 2015 House Rlof- ZONING BOARD OF APPEALS Total CARD OWNER STREET VILLAGE DISTRICT SUB. LO YuZ, Zw ex9 FORMER OWNER N E ACREAGE SW TYPE OF BUILDING L h , 00 - RES. SEAS. VL. FARM comm. IND. CB. ��S -- Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS r) -a 6 UY 76—Y 14 'T, 41,)),r) f=,v 4 0 0 2-Y71, ��J 0,5,0.1 -De Y 0 S 45-tT-5p, • �t e-, o AGE BUILDING CONDITIONa 7 c) S c Cl NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD -7 14 - (2 V lable I BULKHEAD T Tillable 2 lk� DOCK Tillable, 3 /V v 74 tg Woodland Swampland Brushland ZONING BOA PID 17 41 s. House Plot' es 4C 1 J Co - Tota I & (A b t,.3 0 ior-J, r-) I-ZT � f -,, '-'!( 01 V - L G V I" l (., I -,c,' % - CAR® OWNER STREET VILLAGE DISTRICT • SUB. T- LOT 'r JP a . 17� �? e Y cl /7•� . (`Y` v %�'3" e3 ;� OV u lie // FORMER OWNER N E ACREAGE S% • T"a S W TYPE OF BUILDING e RES, SEAS. VL, FARM COMM. I IND. I CB, I fSC. I Est, Mkt. Value LAND IMP. TOTAL DATE REMARKS 16 —21 �V vc•�QQ G�%��UkYo a/e C.BGrf AGy�'/�7� /oY�•e /,SaY� fU V ��'h7�er -/0 1C4 611 BUILDING CONDITION AGE NEW NORMAL BELOW ABOVE FRONTAGE ON WATER FRONTAGE ON ROAD Farm Acre Value Per Acre Value 1 illable 1 BULKHEAD DOCK —' Tillable 2 Tillable 3 eGG�S-1 Woodland Swampland OP Brushlarid 1._ . O House Plot Tota I Q `�'W�I�E�', LATE�I�9 �Y�+1� �ii�~E.'�E9 gYP ATTORNEYS AT LAW THOMAS A. TWOMEY, JR. 33 WEST SECOND STREET EAST HAMPTON OFFICE STEPHEN B. LATHAM P. O. BOX 9398 20 MAIN STREET JOHN F. SHEA, III RIVERHEAD, NEW YORK 11901 EAST HAMPTON, N.Y. 11937 CHRISTOPHER D. KELLEY (631) 324.1200 MAUREEN T. LICCIONE DAVID M. DUBINO TELEPHONE: (631) 727-2180 SOUTHAMPTON OFFICE P. EDWARD REALE FACSIMILE: (631) 727-1767 51 HILL STREET PETER M. MOTT SOUTHAMPTON, N.Y. 11968 SUZANNE V. SHANE (631) 287-0090 JAY P. QUARTARAR01 www.suffolklaw.com JANICE L. SNEAD PORT JEFFERSON OFFICE MARTHA L. LUFT 105 MAIN STREET JANE_ DIG1ACOMO Email address: mfinneganasuffolklaw.com PORT JEFFERSON STA., N.V. 11776 (631)928-4400 oPcDirect fax: (631) 727-2385 KENNETH P.P. LAVALLE LAV ' JOAN C. HATFIELDO BAY SHORE OFFICE ALICIA SHEEHAN O'CONNORA ONE EAST MAIN STREET, SUITE 1 Ext. 233 BAY SHORE, N.Y. 11706 (631) 665-8300 ANNE MARIE GOODALE PHILIP D. NYKAMP HAUPPAUGE OFFICE DENISE R. SCHOEN 400 TOWNLINE ROAD LAURA I, SGUAZZINA HAUPPAUGE, N.Y. 11788 MARTIN D. FINNEGAND ,{ r� (531) 265-'1414 TRACY KARSCH PALUMBO February 4,' 2004 BRYAN C. VAN COTT. . ERIK J. BURGOSt^ p NY & LA BARS t L.L.M. IN TAXATION 0 NY & CT BARS D NY, NJ. & PA BARS NY & NJ BARS Ruth D. Oliva, Chairperson I NY. NJ. & DC BARS Zoning Board of Appeals Town of Southold Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RE. INCE /leer®ski Land Holdings, LLC S CTM: 1000-7136400-20 Dear Chairperson Oliva: Please be advised that our client, DICE Land Holdings, LLC has decided to withdraw their application for a Lot Line Modification and related variances at this time. We will, therefore, not be appearing at the scheduled hearing of this matter on February 26, 2004. Thank you for your consideration. V y t,ly yours, . ar ' Finnegan 1WIDF:yq cc: Robert T3eroski (� RECEIVED APR 8 2015 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, x Pjr,�}-�(/i�/� residing at (Print property owner's name) jls -,�j f�o,I s (Mailing Address) �jvbal� /'4 PA do hereby authorize 4. elllfC/G (Agent) Southold Zoning Board of Appeals. (Owner's Signature ,4!9Aoy p WW IV, , (Print Owner's Name) to apply for variance(s) on my behalf from the V RECEIVED APR 8 2015 ZONING BOARD OF APPEALS Fy- te, 7, ik JI low, -MONOMEMENRIL- ' | .^^^� - ---------' Al Rig iN ew- Ter ALA SO dkWA AF- WN OF SOUTH®!® PROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOTS 61 FORMER OWNE/R, isw r/ N E Vol: pl-�/�!, ACREAGE '� -, , < z- TYPE OF BUILDING RES. SEAS_ VL- FARM comm. I IND. CB. I misc. Est. Mkt- Value LAND IMP. TOTAL DATE REMARKS 41 1-t C) C, o (317( 00 of� - ,-I P�- (4 �4 10 10 5-! a 0 37 0 CD (,o 0 L 12-7 Q L L C- AGE BUILDING CONDITION rrrtflwr- NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD Tillable I - - BULKHEAD Fil 2 DOCK- V ti F R a Fillable 3 � 7 ZONING BOARD OF APPEALS Voodlond -47 'wompland rushlond louse f,; 71TYPE OF BLD- PROPLAND IMP 51 2- - CLASSTOTALDATE -I ( " Utc��, 0 REMARKS FRONTAGE FRONTAGE ON ROADDEPTHBULTHEAD �� � 4- zz r Xi V FORMER OWNER N E ACIRGE y 4,. 4 S W TYPE OF BUILDING RES. SEAS. VL. FARM comm. I IND- CB. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS SO 0- 7,_ Q n dl C, C i 10) J,f c/i / t/s L I -(- x-4 2 Z0 7 4n FiefIVI-1- 6 AGE BUILDING CONDITION L S - r1jce_,P_--,s rezCir-_ I 17 0 '7 NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Form Acre Value Per Acre Value FRONTAGE ON ROAD .1,17 Tillable 1 BULKHEAD 1119 RECtIVED APR Z015 Tillable 2 DOCK Yy ho, z NING BOARD OF APPEALS Tillable.15, -,8,0 �&._Iand M4-yP L,�p S 1-7D57 V Swampland 4 f tri -Ski ';rq I If 1-5r House Plot n L Ae Total 3 _-74- 4 L) 'i Bldg. ension �nsion rasion Ize,,�,,cy EM >RMER O OWNER N SEAS. VL. LAND IMP. TOTAL v E ACREAGE f TYPE OF BUILDING FARM COMM. IND. ! CB. I 1SC. DATE REMARKS f v d, Lf (� 3 rte'' �%�r'/sr `� I Est_ Mkt. Value ' 9C '�a 5oa i�nei Fa �eroo; F 3�. NORMAL Acre BUILDING CONDITION BELOW ABOVE FRONTAGE ON WATER Value Per Acre Value FRONTAGE ON ROAD BULKHEAD DOCK AGE NEW Farm ble I ble 2 Dle 3 jlc ipland eland a Plot 20NING BOARD OF `%PPCA 3/07 Breezeway Garage O. 13 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER O�og11EF04co �� at Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 13, 2015 RE: Zoning Appeal No. 6859 Transmitted herewith is Zoning Appeals No. 6859 of Michael A. Kimack for Andy Pfanner- The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Cover letter from Michael A. Kimack Dated April 7, 2015, Google Earth Map of Property, Pre Existing Certificate of occupancy No. Z-28125 for One Family Dwelling with screened Porch & Accessory Two Car Garage Date December 18, 2001, Certificate of Occupancy No. Z9757 for Vacant Non -habitable Building Dated November 23, 1979, Certificate of Occupancy No. Z9696 for Metal Accessory Building Dated September 27, 1979, Building Permit #38761 to Demolish of 22:5 X 42.6 building Dated April 2, 2014. Building Permit #39227 for Electric service for Barn -Dated September 30, 2014, Building Permit #32690Z for Construction of an Accessory Storage Building Dated February 1, 2007, List of ZBA Records, Five Pages of Zoning Board of Appeals #6707 Dated,February 20, 2014, Four Pages of Property Record Cards, Letter from Twonev. -Latham, Shea & Kelley withdrawing application for Lot Line Modification Dated February 4, 2004, Authorization Letter from Andy Pfanner to Michael A. Kimack to Represent him in this Matter, Four Pages of Photos of Property. Copy of Survey showing property as it exits Dated March 6, 2012, Six Pages of Property Record Cards, Copy of Survey Showing Property as it Exists Dated March 6, 2012 Prepared by Kenneth M. Woychuk- Land Surveying, Three Pages of Plans Showing Elevations and Floor Plan Dated March 19, 2015 Prepared by Mark K. Schwartz, AIA. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Fil,ing of Application and Check for Processing) DATE: 4/8/15 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6859 Pfanner, Andreas 11339 $2000.00 RECEEIVED APA 10 2015 Southold Town Merl $2000.00 By _lc_ Thank you. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George. Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 . LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 4, 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, JUNE 4,2015: 10:30 A.M. - ANDREAS PFANNER #6859 - Request for Variances from Article III Section 280-15 and the Building Inspector's March 4, 2015 Notice of Disapproval based on an application for building permit for construction of an `as built' accessory garage and `as built' accessory sheds, at; 1) less than the minimum side yard setback of 15 feet, 2) accessory garage proposed at more than the code required maximum size of 750 square feet, 3) accessory garage located in other than the code required rear yard, 4) accessory sheds located in other than the code required rear yard, located at: 2725 Harbor Lane (275 Oak Street) Cutchogue, NY. SCTM#1000-136-1-24.2 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.Tothp_Town.Southold.ny.us Dated May 11, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SOTM Parcel # 1000= COUNTY OF SUFFOLK STATE OF NEW YORK �L .4, ��M/i�CIL residing at .�ZI /lam°f'�.�� /Y eN4(°,V�P, W I New York, being duly sworn, deposes and says that: On the /5 day of l�figy , 20T,, I personally mailed at the United States Post.Office in. f��/ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shgwn on the current assessment roll verified from the official. records on file with the 04) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-o&way of record, surrounding the -applicant's property_ (Signature) Sworn td before me this 02 day of n , 2$p 2015 TRACEY L. 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Date of Delivery ` so that we can return the card to you. 1 ■ Attach this card to the back of the mailpiece,` or on the front if space permits. ` D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 1: Article Addressed to: c :I'1", v 'CAI 104N c% I 6VO40 `2 jeW6` (�G - N y 11791 3. Service Type �ertified Mail® Priority Mail Express'" �eturn c , f ?Q,902 ! ❑ Registered Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article:Numlidr :` • ; = it— �r� --- ` i ',"2120 ' 7 014 ' 212 0 '00'01"1436 ' 7 0 7 21 (Transfer from► Q I` servrce labe PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery -is desired. X ■ Print your name and address on the reverse so that we can return the card to you. B. Received ■ Attach this card to the back of the mailpiece, e or on the front if space hermits. 1. ,Article Addressed to: '719 0,416 ,1726 C,Urcl�aGU,6 �Y l 2. Article Number (Transfer from service labeD PS Form 3811, July 2013 C. D. Is delivery address different from item If YES, enter delivery address below: ❑ Agen ate of Deli ❑ Yes ❑ No 3. Service Type /SLCertified Mall® ❑ Priority Mail Express'" yi ❑ Registered Return Receipt for Merchandise I ❑ Insured Mail ❑ Collect on Delivery +S 4. Restricted Delivery? (Extra Fee) ❑ Yes 7014 2120 0001 1438 7089 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Zz0 O5� C pGU� ure � N A. Signature X .Agent Q ❑ Addressee B. Recei d by (Printed Name) D. Is delive address di Pen If YES, enter delive �d re: ate of Delivery Ns L��- U,I.4 J-/P/r5Z /-/A /V -lwili�- ❑ Collect on Delivery j D. Is delivery address different *m item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3.ervice Type j Iertified Mail® ❑ Priority Mail Express' ❑ Registered 16 Return Receipt for Merchandise. ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 1 7014 2120 0001 1438 7096 j (Transfer from service label) I PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items'1', 2, and 3.'Also complete item 4 if Restricted Delivery is desired. N Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, A. Sign B. Re ' e by Grin Name) or on the front if space permits. 1 1. Article Addressed to: D. Is delive address di Pen If YES, enter delive �d re: Priority Mail Express"0 19 Return Receipt for Merchandise J-/P/r5Z /-/A /V ❑ Insured Mail ❑ Collect on Delivery j ❑ Agent ❑ Addressee H ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ,411N 1.edWAA1UV/IVG 1%11-f7 26 oa ",Wae 3. wwS,,eeIrvice Type l X11-�"vertified Mail® ❑ Priority Mail Express' ❑ Registered 4ZHetum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery ` 4. Restricted Delivery? (Extra Fee) ❑ Yes I 2. Article Number (Transfer hrm service labeO PS Form 3811, July 2013 A. Signature ❑ Agent X/� Addressee B. Received by (Printe Name) C. Date of Delivery Ahs ,--/ �oWAPJ I S -Ig i I I t D. Is delivery address different from item 1? 111 Yel If YES, enter delivery address below: ❑ No 7014`2120 0001 1438 7126 Domestic Return Receipt N 3. �rvice Type 13 Cy,rc9 i 7 ertifed Mail® ❑ Registered Priority Mail Express"0 19 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery j 4. Restricted Delivery? (Extra Fee) ❑ Yes' 2. Article Number (Transfer from service label) 7 014 212 0 - 001011 14 3 8 _I 7102 i H ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ,411N 1.edWAA1UV/IVG 1%11-f7 26 oa ",Wae 3. wwS,,eeIrvice Type l X11-�"vertified Mail® ❑ Priority Mail Express' ❑ Registered 4ZHetum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery ` 4. Restricted Delivery? (Extra Fee) ❑ Yes I 2. Article Number (Transfer hrm service labeO PS Form 3811, July 2013 A. Signature ❑ Agent X/� Addressee B. Received by (Printe Name) C. Date of Delivery Ahs ,--/ �oWAPJ I S -Ig i I I t D. Is delivery address different from item 1? 111 Yel If YES, enter delivery address below: ❑ No 7014`2120 0001 1438 7126 Domestic Return Receipt ■ Complete items'l, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. VC 4 1. Article Addressed to: 2O3 X02 � NY 1170 c7lo Agent AlloAddressee Name) , C. Date of Delivery Is dAvery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type A. Signature ❑ Agent e&ertified Mail® ❑ Priority Mail Express- ❑ Registered RCReturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 014 212 0 0001 14 3 8 713 3 (transfer from service label PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete A. Signature ❑ Agent item 4 if Restricted Delivery is desired.X Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. Received by (Priv d Na e) ate of elivery ■ Attach this card to the back of the mailpiece, Z j or on the front if space permits. . Is delivery ad ress different fro item 1? ❑Yes 1. Article Addressed to: If YES, enter delivery address below: ❑ No ,6.4''•Qy 2/ wyW�l'I'L,U 0'�C'• 3Z�G 3. SeYu'iceType Mail® 0 Priority Mail Express'" ertitied ❑ Registered 9Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑Yes 2. Article Number 7 014 2120 0001 1438 7034 (transfer from service label) Domestic Return Receipt PS Fot`m 3811, July 2013 — -_ _ _ ' ., 0;,. Comptceit.bms 1, 2, and 3. Also complete item ,4 ff Fi y�tricted.D.elivery is desired. ■ •Priht,yoar name and address on the reverse soathat we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 12 A/0 -14-?777&67-41Y n�Y/� y ' ❑eD �. ❑ee ,� I its C. Datery Received byrf& D. Is derive'% 4d' dress di erent fro v' 1? ❑ Yes If YES, 6�ter delivenr�address Ib ❑ No 8666-�� 3.ice Type rtified Mail® a Priority Mail Express" ❑ Registered KReturn Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 2120 0001 1438 6976 (transfer from service label? PS Form 3811, July 2013 Domestic Return Receipt __ __ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) Regarding- Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- l3r�.� COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ./�/ ('/�i L /•�• /L�/yi CSC residing, at —tZ/!/.45f/',ice iOP le&LAM/Y): A%AD/ , New York, being duly sworn, depose and say. that: On the _ day of _ -A f g y , 20 i �, I personally placed the Town's Official Poster, with the date of hearing and"nature of my application noted thereon, securely upon my property, Iocatted 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 .?VNO, . ZDl•� Sworn to before me this 2Slt Day of M Ck u , 2015 d &tp _ (No y Public)" U a�. TRACEY L. DWYER NOTARY PUBLIC, STATE OF NEW YORK NO. 01 DW6306900 QUALIFIED IN SUFFOLK COUNTY -COMMISSION EXPIRES JUNE 30,2j2ffl near the entrance or driveway entrance of my property, as the area most visible to passerby. �+Ir:rTIi,E U'F HEARIi4GI The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # PFANNER, ANDREAS 1 36.-1-24.2 VARIANCE SETBACK; SIZE; YARD LOCATIONS REQUEST "AS BUILT" ACCY GARAGE 8 TWO "AS BUILT" SHEDS DATE: THURS JUNE 4, 2015 10:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD -TOWN OF SOUTHOLD 765-1809 #12264 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 28th day of May, 2015. Sworn to before me this 9 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY JUNE 4, 2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTH- OI.,.D TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-09)i% on THURSDAY .LUNE 4.2015. 9:30 A.M. - WILLIAM A. PENNEY. [if and SUKRU ILGIN (CV) #6840 — (Adj. from 4/2/15PH) Request for Vari- ances from Article XI Sections 280-50A and 280-50C and the Building Inspec- tor's September 24, 2014; amended Oc- tober 17, 2014 Notice of Disapproval based on an application for building- Permit uildingpermit to convert existing vehicle detail- ing, RV sales and service shop into gas station with convenience store and con- struct new pump islands, at; l) proposed front canopy at less than the code ie- quired setback of 100 feet from the right of way, 2) proposed front pump island at more than the code permitted 60 linear feet of frontage on one street, located at: 45450 County Road 48 (aka North Road, corner Young's Avenue) South- old, NY. SCI'M# 1000-55-5-2.2 9:30 A.M. - WILLIAM A. PENNEY. III and SIJKRU .iLGIN (CV) -#6839 — (Adj. from 4/2/15PH) Request for Special Exception under Article XI Sec- tion 280-48B(12) to construct gasoline service station with convenience store. Located at 45450 County Road 48. (aka North Road. corner Young's Avenue) Southold, NY. SCTM#1000-55-5-2.2 10:00 A M - STEVEN and ANDREA KOLYER #6860 - Request for Variances under Article III Code Sectidn 280-14 and the Building Inspector's March • 9; 2015 Notice of Disapproval for a build- ing permit for a subdivision, at: Proposed Lot I — (lot 10)- 1) less than the code re- quired minimum lot size of 80,000 sq. ft,, 2) less than the code required minimum lot width of 175 feet, Proposed Lot 2 — (lot 9)- 1) less than the code required minimum lot size of 80,000 sq. ft., 2) less than the code required minimum lot depth of 175 feet, located at: 4075 Para- dise Point Road (adj. to a boat basin) Southold, NY. SCTM#1000-81-1-10.1 10:15 A.M. - BREEZY SHORES COMMUNITY. INC. (MARTHA BROOKS) - #6862 - Request for Vari- ances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's January 12, 2015 Notice of Disapproval based on an applicationfor building permit to add and alter, to include raising an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulk- head setback of 75 feet, located at: #4 Breezy Shores Community, Inc., 65490 Gam.. Principal Clerk day of !015. N dfAPY PUBLIC -STATE OF NEW YORK Nd, 01V06105050 t ualiflad in Suffolk County tfhy'G6ffiMTlhI6h EXPRes February 20, 2016 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 10:30 A.M. - ANDREAS PFANNER #6859 - Request for Variances from Ar- ticle III Section 280-1.5 and the Build ing Inspector's March 4, 2015 Notice ;of Disapproval based on an application for building permit for construction of an `as built' accessory garage and `as built' accessory sheds, at; 1) less than the mini- mum side yard setback of 15 feet, 2) ac- cessory garage proposed at more than the code required maximum size of 750 square feet, 3) accessory garage located in . other than the code required rear yard, 4) accessory sheds located in other than the code required rear yard, located at: 2725 Harbor Lane (275 Oak Street) Cutchogue, NY. SCTM#1000-136-1-24.2 10:50 A.M. - SOUTHOLD FARM and CELLAR, INC. (MEADOR) #6861- Re- quest for Variance under Article III Code Section 280-13A(4) and tht Building in- spector's April 9, 2015 Notice of Disap- proval for a building permit for construc- tion of an agricultural production building, at: 1) less than the code minimum required setback of 100 feet from a major road, lo - rated at: 860 Old North Road Southold, NY. SCTivf#1000-55-1-7 11:20 A.M. - KEViN and PAULA FLAHERTY #6863 - Request for Vari- ance from Article XXII Section 280- 11613 and the Building Inspector's April 20, 2015 Notice of Disapproval based on an application for building permit for as built addition of a stone patio to an exist- ing single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1.250 .Lupton Point Road (adj. to Deep Hole Creek) Matti - tuck, NY. SM'M#1000-115-11-12 11:40 A.M. - ADF VENTURES. LLC #6850 — (Adjourned from 5/21/15 Sp. Mtg.) Request for Variances from Article XV, Sections 280-64B&C and 280-63 and the Building Inspector's .Tune 9, 2014, re- newed February 23, 2015, amended Febru- ary 26, 2015 Notice of Disapproval based on an application for building permit to construct a commercial building for an electrical contractor's yard, at; 1) less than the code required average front yard set- back of 16 feet, 2) less than the code re- quired minimum rear yard setback of 70 feet, 3) proposed structure with more than the code allowed maximum of 60 linear feet of frontage on one street, located at: 620 Corwin Street Greenport, NY. SCTM#1000-48-2-44.2 The Board of'Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view 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. Tbth@Tbwn.Southold.ny.us. Dated: May 11, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Vicki Totlr 54375 Main Road (Office Location) 53095 Main Road (Mailing/IJSPS) P.O. Box 1179 Southold, NY 11971-0959 12264 -IT 5/28 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: Lq:Hsouthtown.northfork.net May 11, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday,. June 4, 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 May 18th: 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 May 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 27th: 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 June 2, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUryo http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 April 10, 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 #6859 Owner/Applicant: Pfanner, Andreas Action Requested: Construct "as built" accessory garage; "as built" accessory sheds — size and yard locations 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 =AM Encls. S.C.T.M.# DISTRICT 1000 SECTION 136 BLOCK 1 LOT 24.2 I xaroE'LD^s LPD.00• ��= e 'C sNmum= — W o :•.f220:FUT "42 RaQJ22 s =5j22.Du%5 — — or6L g r g W22� d !, O� u 2 R%�Ss�Exai O dpi'RF T 'i'. 27,1' 0 y� N d -- k- LOT 103 dda•^xs ;txzro: LOT 87 yfi.+FkS �w'.Ye9 �� � z �^ _ N8210110"8 126.00' � O At11CA LOT 1 102 I LOT OB .. Map N N 28.0' • MEawtl AfKA �' LOT 101 I asi ag a H LOT toor z 9D � 41 L p1 t \ 1• / 9, 0 �t �•��a / �� LOT 92 MML \.. \ BAND N/F OF BIAAR McBRIDE w e Iv / RIE WATER SUPPLY, *EUA DRYMLS AND CESSPOOL LOCATIONS SHOW ARE FROM RELD OBSERVATIONS AND OR DATA 09TAINCD FROM DRIERS. AREA:151,335.9 SOFT. or 1.18 ACRES ELEVATION OA71rM, UNAUbKM2M ALIERATION OR AMMM TO TINS SURVEY IS A WOLATION OF SECRON MO OF TINE NEW VM STATE EDUCATION LAN CORES OF IMS SURVEY MAP DT BEARING, IK LAND SURVET R S EMBOSSED SEAL SHA4 NOT BE CLIV,SILIRED TO BE A VAUD TRUE COPY. GUARANI= WOCARD HEREON SHALL RLN ONLY iD TN[ PERSON FOR NHOM INE SURVEY IS PREPARED AND ON HIS BEHALF TO INE RILE COMPANY, 00VOW AIENTAL AGENCY AND LEIVOINO NSTIMP N LIS HEREON, AND TO INC ASSIGNEES OF WE LENONO NSTIIUTIOt GUARANIEES ARE NOT MANSFERA". 7Nf IS ORLYMENSIGWS SHOMN LKREYW FROM WE PROPERTY UNES 70 INC SIRUCTURES.ARE fOP A SPECBiC PURPOSE AHD USE MUM MY ARL' Nor IENDED TO MONUMENT INE FROMM LYES OR TO a" INE ERECTION OF FENCES ADOLRONAL SIRUCIURES OR AND OINER NPROV£AMNIS EASEMENTS AHD SUBSURFACE S'TRUCIURES RECORDED OR EMEOYIRDEO ARE NOT GUARANTEED UNLESS PNYWALLY EwOENr ON DNE PREAMSES AT THE IIME Or SURLEY sLmvE OF: LOTS 88-92 k 99-110 INCL, CERTIFIED T0: ANDREAS PFANNER; MAP : EUGENE HEIGHTS 11 I•'i I CT. 29, 1928 No.856 s1TUA I. AT. CUTCHOGUE \` ` Tom L1F: SOUTHOLD .`,� � ; XMINM M •OYCHIII 1AND�O, PELC SUFF LK COUNTY, NEW YORK %; " Pr'01"do� Lad �i tLnd UPDATE SURVEY &LOC. FOUNDATION 02/25/15 M,•;. � P.O. BOX,160 lgwbMue, Now York 1197!1 FILESCALE-' 1 30' DATE:MARCH 6, 2012 "m ("1*8-m M NZ (m) -EOM N. Y..5 USt'•NL1.' .. wwww,ur.-4--d 4Nrt J. V. a9. -%IL Tmb" RECEIVED APR 8-- 2015 ZONING BOARD OF APPEALS 1 U) J Q JJ Lc') O Q V J � ~ 0 'LVxy Q �`]\]� Ca A i II i 71y , I + H - ! ! � '• I{ ( I+ i I I of ! t�cl ' J ' ' i I ❑ � I FRONT ELEVATION SCALE: 1/4" = V_ I I Tt' it I4 f -I II: I, RIGHT ELEVATION SCALE: 1/4" 1' . 8 a V ao :q w 0 exp 'r i � U a C7 A z 00 O wF U w� v w y,y CO D OU NU a DRAWN: MH/MS SCALE ua--t'-o- Los r. March 19, 2!15 SFAMEr NUMBER: A-1 A-21 J lu lu r CL V ` \ C3 Q u- �J 0 33'-6" Lu L]Q ' m 9-61/T PLATE HEIGHT zz TIE IN U TO STUD WALL ./2X6 AT EACH JOIST 1-4 to Q LL7 v , o = C I i0 �J a n p N LV Lo � 2 I TE IN {}TO STU0 WALL, ;, _ w/ 2XIE• A'T EACH JOIST 1-3/4)01-7/8MLHDR,, -tW-4i MTE I-3/4%11-7 MLHDR (2) 2X10 HDR (2I 2X70 HOR Rfr 8'-0" 3'-0' 32'h TRANSOMS ABOVE WITH M TRANSOMS ABOVE WITH . 11.7/B ML UNDER TOP RATE 11-7/B ML UNDER TOP PLATE 10'-0" 8'-4" 5'-2" 4'-0" 33•-6" ' r— — — — — — — — — — — — — — — — I I I FLOOR PLAN I SCALE: 1/4" = 11 I 0. Row I 1. 2X6 STUD WALL @ 16 -OC (LVPICAL). WALL TO BE ATTACHED TO I 2X6 ACQ SILL PLATE 2_ ALL RATE TO BE INSTALLED OVER TERMITE SHIELD MND SBL SEMI I AS PER NYS CODE SECURE SRL RATE TO FOUNDATION WITH SHEATHING TO OVERLAP ANCHOR BOLTS. I STIR) WALL1NTERSEcnoN — _ — I 3- ANCHOR BOLTS TO BE 5/B' DIAMETER AND EMBEDDED INTO I CONCRETE MINIMUM T. SECURE EACH BOLT TO ALL PLATES WITH 3X3 SQUARE WARTRS AND NUTS AS REQUIRED BY CODE I I BOLT SPACING TO BE MAXIMUM 6 OC AND wA ]'Of ALL INTERSECTIONS AND CORNERS PER CODE cELLNGJOIsrs 4. SHEATHING TO BE 1/2'FIR COX. OVERLAP JOINT T FACH RDE I 4 • (SEE DETAILJ. I a I S. SIDING TO BE SELECTED PER OWNER USE WITH UNDERLAYMENII , AS REQUIRED BY MANUFACTURER. I TE W CJTO STUD WALL I w/2X6 AT FACH 101ST I L— — — — — — — — — — — — — — — — J BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider June 19, 2015 Michael A. Kimack 321 Riverside Drive Riverhead, NY 11901 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RE: ZBA Application 96859 - Pfanner Dear Mr. Kimack: Transmitted for your records is a copy of the Board's June 18, 2015 Findings, Deliberations and Determination, the original of which wasfiled 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. rSj*rely, Vicki Toth Encl. Cc: Building Dept. 0 /36. f /03,— / —�_ 7-✓ /03 _01 `✓ 196 , fi ,✓ ,5 h, $ 9 / qV� 74 4> 10 �. s 41 R9C�9Le 2 fSP� a e ,�,u„o,,. ARe w,wNT.w: Fo..auNoasTwe,s NOTICE s� ALTERATION sALE oR dSTR U ONOY Y ORT OF iBITEO s RE