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HomeMy WebLinkAbout6862. . . . ......... . . ....... . .................. 5, D Pc er5 G'Oml".,Lloc Z-3 66 too m � ) 0 l -TA, J-1tvor, 77. C 54qo �� c2r, ols btA5 X-� / I I I my+ M Toto53. Bye SfhoreS. CzvvA Inc 5'e- SCIaT f /I O)l po,,rm ii�j. '-In Oil - us -e- d -YO - /03 � 1 cep 141-00C, kO� 7- 6,5�f4) 'o '���� I - ���s/�,c i�,�Aiizu� s � �-Xis%%tom -5 1...._. !7-/p2S--/� .. .... 41Q, Z�LA�-S OSS 1 �� �/��1 �- I �'!� r` ''� � Cdr-.�(' �( ��l' /'�. 5kore2 Inc. &5-,:25 D --mc h 41� (t ct o -n 0� 0.- rl e�,j dwel ( i No 4bl I (A /Y-lk no, - ctsr,.. � x /it ,Sec. Qg)11-3 "--.. 1. ...... ** ...... ..... Oljcz-omi AALillrneL�l ,6 --Q �qdd 141 n-) S aumck at ,q Ai+. XXIII1 Sed 1 ?0- /0-3 XX/1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider 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 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RECEIVED aa Il:3l� JUf2"34 2015&4 uthold Tows Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 18, 2015 ZBA FILE # 6862 NAME OF APPLICANT: BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) PROPERTY LOCATION: Cottage #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 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 June 2, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 26, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is .CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, the community established a real estate cooperative, Breezy Shores Community, Inc., and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 4 and is owned by Martha Brooks. All as shown on the survey prepared by Howard Young, L.S., dated January 9, 2013 and a site plan by Robert I Brown, Architect, dated August 18, 2014. BASIS OF APPLICATION: Request for Variance(s) 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 Page 2 of 3 —June 18, 2015 ZBA File#6862 — Breezy Shores (Brooks) SCTM#1000-53-5-12.6 an application for 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 bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests variances to make alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a non -conforming bulkhead setback of 59.5 feet where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated July 29, 2014 from the Secretary of the Breezy Shores Community Corporation indicating approval of the applicant's plans. 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)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law $267-b(3)(W 2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre- existing non -conforming building with a pre-existing non -conforming use with a pre-existing non- conforming bulkhead setback of 59.4 feet. Therefore, any proposed additions and alterations will require relief from the code. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial. The variance for Section 280-123 represents 100% relief because the code prohibits the enlargement of non- conforming buildings with non -conforming uses. However, the proposed addition of a door with a 4' x 4' landing on the west side of the cottage and a sliding glass door with a 4' by 8' landing on the East side of the cottage will add 2.22% to the existing footprint. This is in line with de minimus additions the ZBA has granted in previous decisions. In the context of the entire community, the variance is not substantial. The variance for the bulkhead setback is substantial representing 21% relief from the code. However, the nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non -conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town .Law V67-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. Page 3 of 3 —June 18, 2015 ZBA File#6862 — Breezy Shores (Brooks) SCTM#1000-53-5-12.6 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. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural plans by Robert 1. Brown, Architect labeled site plan, foundation plan, existing floor plan, road side, west, water side, and east elevations, and section for phases I and II and dated March 3, 2015. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree ofnonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dante, Goehringer. This Resolution was duly adopte (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 4- /,)L /2015 RAC�oq � o� MAY 0 6 2015 BOARD pFAPPEALS 4, 30 O 2� 83. g29 0 0 cu 4SS BROOKS ©g96© RESIDENCE Q C �O OA— (V REMOVE EXI5TING Cl 5TAIR Off' NEW STAIR 2�g• O LOCATIONS. �� 4 l8 AD 2)9,FF\ � ry• EXI5TING FLOOR: 5.9' PFOP05ED FLOOR -8.0' fig ? q� , F 70 24 BUILDING TO BE RA15ED ^ ON EX15TING FOOTPRINT W DRYWELL „�a REMOVE EXI5TING 5TAIR "DIAX 3'6"U. RE00 �¢ 7' l 9' g96 1 in LN 5 SI LAN BASED ON SURVEY BY YO ND YOUNG SURVEYORS E FOR BREEZY SHORES COMMUNITY SCTM NO 1000-53-05-12.6 DEC. 30, 2010 1 " = 20' FEMA BASE FLOODPLAIN EL. 6.0' BASED ON FEMA MAP #36103C0159H 9/25/2009 DRAINAGE CALCULATION: 777SFx1 x0.17=132.1 CF PROVIDE (1) 8'DIA x 3'6"D DRYWELL (147.8. NEW SURVEY LIMITS SEE SHEET 2 OF 2 X 5.7 7 FFA •sa ASF o o X99 0 �S 09 C ©S 96 626 S 37 CF CAPACITY) I 5 A V0! ;4T1CON 0 F T I i E Pi=:Pi.S".ON, U-N1J.,E.l:lG;plcTNl,4G UNDER THE ',,FES E':ti.'sl OF t, LI('3E8' SED "kr—e; T71s:,,�: TBE OFFMANCE FINAL MAP p ��/ p . REVIEWED alt' K AG (#4) I\EEL I SOI\ES �\S�PEDARo�T�� SPT I. e SEE DECISION # r� o I - 014 �y �h DATE® / / f ROBERT 1. BKO A IT CT P. C. W/ FAIRWEATHER DESIGN A5 1 T 5, INC. 205 BAY AVENUE q�FOF N GREENPORT, N.Y. 1 1944 G31-477-9752 (Fax) G31-477-0973 & ?- 1 1 1 ::OU 14'-90 �_,.._ ; �,-, y 3, RECEIVED I G'-8 3/4" G-8 1/4" L A N t.; JG UND MI -4 0 6 2015 vVIT;_ :'F'MN(3 LICEI LICENSED .�iLsa1..�: BOARD OF APPEALS T, TO ALTER ANY E'�'; �}jf. {�F�f ','i.-7�4: i•i YK �\�rA�'17 �� ,. Wolmanized Parallam .5 x 7.5 ACQ Iaq, �1b ti x � Q � � I 5.25 x 9.5 Level 3 - Wolmanized Parallam F] 41 p /� 18"0 SONOTUBE PIERS c x Cf Q Lq T, - 18,10 I 5.25 x 9.5 Level 3 18 0 SONOTUBE Wolmanized Parallam SONOTUBE PIERS PIERS 4 I L_ F— Ell r�`j 18^0 ¢ SONOTUBE I 7.5 x 7.5` ACQ SONOTUBE ti PIERS I ( PIERS 18"0 SONOTUBE I 5.25 x 9.5 Level 3 PIERS Wolmanized Parallam 18"0 7.5 x 7.5 } SONOTUBE ACQ PIERS I 7.5 x 7.5 ACQ I I I I1 � 7i-il" � 71-QII 18"0 SONOTUBE PIERS 1$"0 I— SONOTUBE U, PIERSIr r� ¢ A i2 u� 19 NEW DOOR AI `D 5TEP5 PIHf5F ! I 22'x22 10" �r Footing 18" SQUARE REINFORCED CONCRETE BLOCK PIERS TYPICAL AT PERIMETER I I 1 I ::OU �_,.._ ; �,-, y 3, N D A T ION P L A N t.; JG UND vVIT;_ :'F'MN(3 LICEI LICENSED .�iLsa1..�: f4"= i'-�.±` T, TO ALTER ANY E'�'; �}jf. {�F�f ','i.-7�4: i•i YK �\�rA�'17 �� ,. FINAL MAP BROOK. REVIEWED BY ZBA SEE DECISION #�D� DATED l� l .n.• ,.� YY '-,!ZED I fi r it :. RD A11 CE COTTAGE (#4) AT 13REfZY SMORE5 �a,✓oAR� ��.. L� C i�T i . (3 f�C�'v^�f i � >l'� �.0 i --i I"r4=:;T. 1= . C:. •� �a fARV--VEAT i -i .�' DEf-�i N r1� �,Ci � t:` ; INC. 16341 �oF� 205 5A Y r�Vff\'LJF' 01- GREtfNI PORT, N.Y. ; i c44 631-477-9752 (F9,<) G31 {77-Ce73 MAY 0 6 2015 aej,&gn OF APPEALS 14'-'0' 24-3 112" EXISTING FLOOD PLAN S,CALE- 1/4" = I iU IT 13 A VIOLATION OF TliE LAIN FOP, ANY PERSON, U74LESS ACTM3 UNDER THE URECYION OF A LICENSED ARCli-liTECTI T0,80CER ANY il'U,", QRl THIS pRAVVlMG IM AMYA,--'THORlZED MMS7 BE Vv.: K5 COTTAGE (#4) AT BREEZY 5H0Ffc MIA RODERT 1. BROWN AIKCHIFFE-C'-' rl.. 05 Ov!--" fAIRWEATI FfK Dff"-3lCN INC. 205 BAY AkN/f.'NUE G?,Efl4P0-K-f, N.Y. 1 1344 G31 -4-77-0752 (Fa,,0 63 1 -4-77-0973 w U- 0 O 2 0 w m (J) O (L —0 V EXISTING SHIP IAP SIDING TO REMAI N- REFAI K / REPLACE AS NECESSARY, SAND REPAINT. PROPOSED FLOOR EL 8.0 EXISTING FLOOR EL 5.9' Grade 4.2' IFM NEW D.N. WINDOW IN EXISTING FRAME OPENING. I "x8" AZEK K 0 A D SQ. CEDAR LATTICE -STAINED NEW CEDAR SHINGLE ROOFING NEW STEPS AS NECESSARY SI DE ELEVATION FINAL IMA REVIEWED By ZEA SEE DECISION # DATEDL- oL /= PHASE I SCALE : 114"= Po" B ROO K5 COTTAGE (#4) AT BREEZY 5 H O RE5 MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) G31-477-0973 Q . Lua LU ul 0 I- LU vi < z � � a--� Lu ® I� a- � w� psi 'FE: �.C)O� ..yam Lu cp Cf, FINAL IMA REVIEWED By ZEA SEE DECISION # DATEDL- oL /= PHASE I SCALE : 114"= Po" B ROO K5 COTTAGE (#4) AT BREEZY 5 H O RE5 MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) G31-477-0973 NOTE: ROOF STRUCTURE TO BE RAISED 12" I "XG'AZEK FASCIA BOARD _\ PHASE I NEW CEDAR51­11 ROOFING SCALE : 114"= 10' REMOVE VENT, PROVIDE 2'x2' AWNING WINDOW W1 POLE CRANK, PATCH AS NECESSARY. SQ. CEDAR LATTICE -STAINED REFRAME FOR AND PROVIDE NEW LOCATION FOR EXISTING DOOR (REMOVED) PATCH AS NECESSARY. d uj 0_ t LL - 0 FMAL MAP REVIEWED BY ZBA SEE DECISION #63c) - DATED & //,? P`04s"' AT '10N OFF T K E L ;,vf Ff_-� R" A"My PE Rsopl' '4 C Lli 15ZR THE --A. LIC ENSED -OA!1ERANIV IN PtL_ THORIIZED RE ST BE D. AND H� [kCCO DA CE BKOOK5 COTTAGE (#4) AT BREEZY 5HORE5 MAK. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 I'AIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 631-477-9752 (fax) G31-477-0973 F> UISTIN LAP 51E REMAIL REPLAC NECES_ SAND 4 . — --11 LAI I ICE -STAINED WATER 51 DE FHA5E I SCALE : 114"= 10' ELEVATI 0 N Floor (5' Grade 4.2' IT IS A IMOLAMN 0 F 71-1 E Lj,V,f FOP, AP -,t PER SOAK. U iki L E S S A Cint' tl G UU,� D R T E "r. E DIREEr-Tio".14 OF A. UCEGRD ARCHiTF-CTITO ALT'ERP'j*'�y ITEN1 0`4 THIS� �`P-�*- ANY�,N'P-:V Als:rERAT'k0i" BE N 0 T ED, S. E: A L RE [). A, ag t-3 IFINAL MAP REVIEWED BY SEE DECISION # && DATED-L/LL777 '; _ BKOOK5 COTTAGE (#4) AT BREEZY 5HORE5 MAK. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 I'AIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) G31-477-0073 LU vV CEDAR SHINGLE LL!LL— 0 ,OFING u LLI 0 0 im Floor (5' Grade 4.2' IT IS A IMOLAMN 0 F 71-1 E Lj,V,f FOP, AP -,t PER SOAK. U iki L E S S A Cint' tl G UU,� D R T E "r. E DIREEr-Tio".14 OF A. UCEGRD ARCHiTF-CTITO ALT'ERP'j*'�y ITEN1 0`4 THIS� �`P-�*- ANY�,N'P-:V Als:rERAT'k0i" BE N 0 T ED, S. E: A L RE [). A, ag t-3 IFINAL MAP REVIEWED BY SEE DECISION # && DATED-L/LL777 '; _ BKOOK5 COTTAGE (#4) AT BREEZY 5HORE5 MAK. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 I'AIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) G31-477-0073 LOAD 5 1 D f: ELEVATION SCALE : 114"= 1'0' W FINAL MAP REVIEWED 13Y ZEA SEE DECI&ON # DATED _(n /.L, �� PHASE I I 9T '�S.4WCOJJ!OM, OF THE C) U411DER 7HE -!"�N 0�:P, LICEMSED ANY -c' A' ffE2 3FIl PliusT BE S- z- A L ED, A'Ml D DKOOK5 COTTAGE (#4) AT BREEZY SHORES MAK, 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 ffAIRWEATHER DESIGN A55OCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 G31-477-9752 (fax) G31-477-0973 U) yj u- 0 W FINAL MAP REVIEWED 13Y ZEA SEE DECI&ON # DATED _(n /.L, �� PHASE I I 9T '�S.4WCOJJ!OM, OF THE C) U411DER 7HE -!"�N 0�:P, LICEMSED ANY -c' A' ffE2 3FIl PliusT BE S- z- A L ED, A'Ml D DKOOK5 COTTAGE (#4) AT BREEZY SHORES MAK, 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 ffAIRWEATHER DESIGN A55OCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 G31-477-9752 (fax) G31-477-0973 PHA5E I I FINAL MAP REVIEWED BY ZEA SEE DECISION DATED Co / / S' ET IS A VIOLATION OF THE LAVIJ FOR ANY Pre--RSO-N, UNLESS ACTiNG UNDER THE DIRECTION OF,' LICENSED ARCHITECT, TO ALTER Ai'NW K 0 A D SIDE ELEVATION ITEN", ()Iq Tij!S rq;iXVIINNG IN AN1�4"vVP- ANYpi-4-THORIZED A PHA5E 2 NOTED, SEA' ED, AND D E S r— FU 5 ED E« ACC, C 0 R DAN C I- 5CALE : 114"= 1'0" Wfit T K T K E AW. BROOKS COTTAGE (#4) AT BREEZY 5HORE5 MAK. 3, 2015 ROBERT I. DROWN ARCHITECT, F.C. W1 I'AlKWEATHER DESIGN A550CIATE5, INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 G;3 a 477 9:752 (F—sx) GS 1 477 09;z3---- U) Lu LL1 --> f-4 uj LL- u Lu 0 Inc co PHA5E I I FINAL MAP REVIEWED BY ZEA SEE DECISION DATED Co / / S' ET IS A VIOLATION OF THE LAVIJ FOR ANY Pre--RSO-N, UNLESS ACTiNG UNDER THE DIRECTION OF,' LICENSED ARCHITECT, TO ALTER Ai'NW K 0 A D SIDE ELEVATION ITEN", ()Iq Tij!S rq;iXVIINNG IN AN1�4"vVP- ANYpi-4-THORIZED A PHA5E 2 NOTED, SEA' ED, AND D E S r— FU 5 ED E« ACC, C 0 R DAN C I- 5CALE : 114"= 1'0" Wfit T K T K E AW. BROOKS COTTAGE (#4) AT BREEZY 5HORE5 MAK. 3, 2015 ROBERT I. DROWN ARCHITECT, F.C. W1 I'AlKWEATHER DESIGN A550CIATE5, INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 G;3 a 477 9:752 (F—sx) GS 1 477 09;z3---- WEST ELEVATION PHASE 2 SCALE : 114"= I'0" iT I' A tar 0LA:ri0N OF THE U N! L SSS A C ."P, C-, U eR--. 3 E, R THE r"Hi EcTic-im, OF P, L'IcEeMSED TO.A.LFER, B= t--!QTE---1, SEALED, AV40 Dr E 3 C R S E D qui Ai r- ORD AM; CC E "V:T,H THW.E LA v i BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, F.C. W1 IAIRWEATHER DESIGN A550CIATE5, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 G31-477-9752 (rax) G31-477-0973 U.A 0 - UJ LU 0 ca WEST ELEVATION PHASE 2 SCALE : 114"= I'0" iT I' A tar 0LA:ri0N OF THE U N! L SSS A C ."P, C-, U eR--. 3 E, R THE r"Hi EcTic-im, OF P, L'IcEeMSED TO.A.LFER, B= t--!QTE---1, SEALED, AV40 Dr E 3 C R S E D qui Ai r- ORD AM; CC E "V:T,H THW.E LA v i BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, F.C. W1 IAIRWEATHER DESIGN A550CIATE5, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 G31-477-9752 (rax) G31-477-0973 MANUAL OP. IN5WING AWNING WINDOW5 N EW............ ........ IN EX15TING FRAMED OPENING PHASE 1 1. STEPS. WATER 51 DE PHASE 2 SCALE : 1/4"= I'0" Grade 4.2' ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECJS., ON # DATED P / f T 114-y IT IS OF TiE LA7.41 FOR.A.NY PER -011, LH'4L;-::8S U,iFJRR TdE ARC-ril,TERC7 TO A"TEFi AU14y f� I—RATIOM 0 Is- -"E L , It '5 1 - N N; D, A L r- , OTE, S- ED At\jD IDE -SCRIBED IINACCORDANSCE VV;TH T LAVJ ffi�ED T 1. X 1634�J- ��' 'F NF KJ r r6 DKOOK5 COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. DROWN ARCHITECT, P.C. W1 I'AIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1044 G31-477-9752 (Fax) G31-477-0973 tn -:T- Lu LU4r. 5. u- c>o se o 0 FINAL MAP REVIEWED BY ZBA SEE DECJS., ON # DATED P / f T 114-y IT IS OF TiE LA7.41 FOR.A.NY PER -011, LH'4L;-::8S U,iFJRR TdE ARC-ril,TERC7 TO A"TEFi AU14y f� I—RATIOM 0 Is- -"E L , It '5 1 - N N; D, A L r- , OTE, S- ED At\jD IDE -SCRIBED IINACCORDANSCE VV;TH T LAVJ ffi�ED T 1. X 1634�J- ��' 'F NF KJ r r6 DKOOK5 COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. DROWN ARCHITECT, P.C. W1 I'AIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1044 G31-477-9752 (Fax) G31-477-0973 w1l U) i FINAL EE J)r- C"SION ATED Gra BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 fAIRWEATHER DE51GN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) 631-477-0973 IT IS A VIOL AT i0H OF THE LAVV FOR A-M7Y PERMN, Uk'LF--SS ACTMG Ug.IDER THE DMECTICM OFA LICEM-SED E A 5 T E L E V A T 1 0 N ARCHETECT, TO AIJER AHY IT "N EF01 01A Tl--flS `3,AWING HN Atvff A-1HI-IM--ED PHASE 2 PSOTED, ALEED D, SI D-ES`-;-3!l3E0 IF,.w SCC -PDANCE Vf 'r T H T PE: L XW. SCALE : 114"= I'0" BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W1 fAIRWEATHER DE51GN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT, N.Y. 1 1944 631-477-9752 (Fax) 631-477-0973 l 2S LC -3 c-, 0 BEAM Lu u- NAL MAP 0 0 REVIEWE 0 By Z13A Lu 0 Lu Lu SEE DECISION # n TED n- Ln iu uj --LEI 6 n 0 0 0 0 02 0 1) C, LLJ U-1 :z CD cl) Ll L-1 Floor 8'— L1 I I I I I I I I BfE G.O" Grade 4.2 ARC 17 1S A 171,00 'IATiON' 01-1 Yn- E BR i - f'-% fTq V ;L � h t v� t- r- i-: Z:E•@, ;Mi 5,CZ4, I Ni aHE THE T Q'T, T 0 A U FE R A N Y NEW FOOTINGS SEF� NEW FOUNDATIONS IN PLACE. ON -Ch! DiMAINENG IN INYA_T4 ENGINEERING PLANS. f, !IZED PIILT ;7---RA-9 flw�l 'NiUST BE j 5 E C T 1 0 N A r,TZE 5Cj). SEALED, AND DESfCRNSED IN ACCORDANCE WiTH THE LAV4 SCALE 114"= I'0" BROOKS COTTAGE (#4) AT BREEZY SHORES MAK. 3, 2015 ROBERT I. BROWN ARCHITECT, F.C. W1 I'ARWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 1 1944 G31-477-9752 (Fax) 631-477-0973 2 (1) UNAUTHMZED ALTERATION CR ADDITION TO THIS SURVEY IS A VIC INDICATED HENEON SHALL RUN ONLY TO THE PERSON fOR WHOM IN SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (2) DISTANCES SHOWN MIMN FROM PRomTY LNES To EIOSRN6 STMICTuRES ARE FOR A SPECIFIC PURPOSE AND ARE NOT To BE USED TO ESTABLtSN PROPERTY LMES OR roR ERECTION OT FENCES ] COPIES OF TIIS SURVEY MAP NOT BEARMC INE LAND SURVEYOR'S .INFO SEAL OR ELBOSSED SEAL SHALL NOT BE CONSOERm TO BE A VAUO, TRUE COPY.. 4) CERTFICAIM IS PRD'. - �' . D ON HIS BMAIF To THERE TCOMPANY. GOVEUMMENTAL A NO ON LISTED NETIEON. AND TO THE ASS04CM OF THE LDWWD NSTNTION. CEAITICATONS ARE NOT TRANSFERABLE TO AODITIMAL MTITURONS -OR 9J MQUE1T OWNERS. (S) THE LOCATION OF WE"S (W)' SEPTIC TANKS (ST) R SPM? CESSPOOLS (CP) SROHEREON ARE FROM FIELD OBSERVATIONS AND OR OATA OBTAUNm'TROU OMER& REVitYvcv � • -�I„� I SEE DEC�IS��# pp.TED�L � � 11 a MONUMENT SET a - MONUMENT FOUND A, STAKE SET A = STAKE FOUND 51TE MAP SCALE: P=400' 400 Ostrander Avenue, Riverhead, New York IIa101 tal. 681.127.2803 fax. 681.-727.0144 adml•toywngengineering.eom ouq d you Howard K Yovng;.Land Surveyor Thomas 0. Wolpert, Prol6aslonal EngwWor Douglas E. A&me, Frofm il6rvl Engineer Rflbert 0. Toot, Archlteot weGF1Ve0 ZNN, �p� p 6 215 v gOP�O �� �ppEP�S SMVEYORES CERTIFICATION 4W.A.44-wil HOWARD W. YOJNS, N.Y.S. 5. NO. 450AF6 WRVEY FOR "BREEZY 5HORESII at Breenpport, Town of Southold Evffolk County, New York, BUILDIM6 PERMIT SURVEY County Tax Map Di.trk( 1000 S.ollm 55 slow 05 LIE P/O 12.6 MAP PRePARED JAN. Oct; 2013 Record of Revlelonz RECORD OF REVISIONS DATE 400 0 ZOO 400 800 Sac, le L 1' = 400' .106 NO. 2012-02-10 DWS. 4010_0203_navd8812010_0209_2012_0270_bp OF 3 'Y-v'h�fti��o Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner June 2, 2015 1 own of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: (041 RECEIVED JUN 0 4 2095 gppRD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Breezy Shores Comm. Inc. (Brooks, Martha Cottage #4) #6862 Flaherty, Kevin and Paula #6863 Cole, Denis and Nancy #6864 Sack, David & Stephanie #6865 Morgan, James #6866 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 From Date OFFICE, LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM ��� TOWN OF SOUTHOLD a RECEIVED MEMORANDUM MAY 2 6 2015 Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of App als Mark Terry, Principal Planner LWRP Coordinator May 26, 2015 Re: Coastal Consistency Review for ZBA File Ref. BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) - #6862 SCTM# 1000-53-5-12.6 BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) - #6862 - Request for Variances 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 application for 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 bulkhead setback of 75 feet, located at: #4 Breezy 'Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as, well as the records available to me, the proposed action is recommended as CONSISTENTwith the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney - RECEIVED FORM NO. 3 MAY 06 2015 NOTICE OF DISAPPROVAL BARD OF APPEALS DATE: January 12, 2015 To: Amy Martin for M. Brooks at Breezy Cottages 205 Bay Avenue Greenport, NY 11944 Please take notice that your application dated December 31, 2014 To add & alter, to include raising a seasonal cottage at Location of property- #4 Breezy Shores Comm. Inc., Sage Blvd., Gpt., NY County Tax Map No. 1000 —.Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed construction on this non -conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarged reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal cottage is nonconforming building with a nonconforming use. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: " All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates the proposed dwelling setback approx. 59.4' from the bulkhead. /I,, - Authorized Si ng; ature RECEIVE® A.w MAY 6�Z015 Fee: $ Filed By: Assignment No. F APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. -4 Street 65y q 0 i�o u Te. 2-5 Hamlet Keen eo ie7' SCTM 1000 Section 53 Block -57 Lot(s) ! A • d Lot Size J12 • 6 A- Zone I (WE) APPEAL THE WRITTEN DETERDIINATION OF THE BUILDING INSPECTOR DATED /L11.1iS BASED ON SURVEY/SITE PLAN DATED Owner(s): A )5XOO K S- Ca T-Tlh 6 ,E - j IN Mailing Address: -24/ ZAAq y'E771, J',A- -Apr '5' /1// /V y /001A Telephone: f��� a 37 o�/`F ax• / Email• NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represeq ts• I 7(J ��o�T Name of Representative: myp AAR f1 N/ k* -t r6r9*6P( ) Owner (py6ther:� l� Address: 10S 'BAq AVC Telephone: 4111- "i-- 6'J.- --- Fax -4 77-7-- 7- b- ._, -- Email:-- m t,n - "��rit) -- `� . CeM Please check to specify who you wis rrespondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (OfAAuthorized Representative, ( ) Other Name/ Address below: WHEREBY B ILD G INSPECTOR REVIEWED SURVEY/SITE PL DATED ! S` ZDl and DENIED AN APPLICATION DATED Z / S FOR: (v�'Iuilding Permit () Certificate of Occupancy () Pre -Certificate of Occupancy () Change of Use ( ) Permit for As -Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: X X IS I Sections 2-96 `23 + 16 0 Subsection: Type of A peal. An Appeal is made for: (7A 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 ( )Revers 1 or Other A prior appeal (V) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). tp5A6 Year(s). /-. (Please be sure to research before completing thWIn or call our office foVVWp iji ce) Name of Owner: ' lvb � AD 43 #WAMAW G�6o .V3 #?1ZRA41 061 Za 13 W/4 �� FAIRWEA BIER DESIGN ASSOCIATES, �_rNC. &. ROBERT I. BROWN, ARCHITECT, P.C. 205 Bay Avenue Greenport, N.Y. 11944 (T) 477-9752 (F) -477-0973 Admin(Uairweather-Brown.com k RECEIVED a ZBA Application April 20, 2015 Permit Agent — contact Amy K. Martin MAY 0 6 2015 Owner: Martha Brooks Cottage #4 Breezy Shores Cooperative, 65490 Route 25, Greenport SCTM# 1000-53-5-12.6 BOARD OF APPEALS Reasons for Appeal 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: It has been determined by the Town of Southold that all 28 Seasonal Cottages at the Breezy shores Community, Inc. constitute non -conforming buildings containing a non -conforming residential use. As a conforming use shall not be sought, the building department has disapproved our application to make small egress landing additions and interior alterations to the existing cottage, while raising it to conform with flood plain requirements. The requested changes will not change the character or be a detriment to the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: Without a variance, the minor, requested additions cannot be made to this or any cottage due to its pre- existing, non -conforming status as the code states it "shall not be enlarged, or structurally altered or moved". 3. The amount of relief requested is not substantial because: We are requesting 2 new landings and removing the existing one. Changes to the footprint equals 2.22% of the existing 808 sq ft cottage. ( not including existing or proposed stairs needed for egress) 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The requested variance relief only_effects this small community of similar cottages and is in keeping with recently approved Variances granted by this board. The lifting of the cottage has a positive effect on the community by.lessening the chance of storm related damage and the installation of a drywell to collect roof rainwater run-off helps protect the adjoining bay. The cottages have been located historically in a line that ranges between the 30' setback of the brick residence to the west from the bulkhead to the approximate 59'5" that this cottage is set back from the bulkhead, where 75' is required by code. Setback variances have been granted repeatedly on this acreage as changing them would change the character of this neighborhood. 5. Has the alleged difficulty been self-created? No ( X ) Yes ( ) Does this variance involve as -built construction or activity? No(X) Yes() Zoning code creates the difficulty with these pre-existing, nonconforming buildings. The cottage suffered some water damage during Hurricane Sandy and therefore will be lifted to avoid future problems. A few necessary repairs were done after the storm to secure the building. Are there any Covenants or Restrictions concerning this land? No () Yes (?) on file from previous applications This is the minimum necessary and adequate, and at the same time preserves and otects t ch acter oft neighborhood and the health, safety and welfare of the community.V. �; Martin, as Agent PPLICANT'S PROJECT DESCRIPT APPLICANT: 10&4;L) " DATE PREPARED: 7L-910 % S 1. For Demolition of Existing Building Areas 6 96-z a, RECEIVE® Please describe areas being removed: w2 Y06�Ui� BOARD H. New Construction Areas (New Dwelling or New Additions/Extensions): OF APPEALS Dimensions of first floor extensio Dimensions of new second floor: Dimensions of floor above seconc Height (from finished ground to tc Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor; ,/1C-10 M. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE_Alterations: 9 Number of Fl/99ovorsD awind J �Changes 14/441W✓��,L/I^tTJhAHAlterations: sav tay-'AAA�- " ` M. -Calculation -sof building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: e`;o Proposed increase of building coverage: 0OZ6 Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: 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 RECEIVED QUESTIONNAIRE (� FOR FILING WITH FOUR ZBA APPLICATION SAY di a 20,5 A. Is the subject premise listed on the real estate market for sale? Yes premise BOAR® OF APPEALS B. Are t)aere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? _'-" 3.) Is the property ulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? "�. -- c�Please co firm status of your inquiry or application with the Trustees: t) " and if issued, please attach copies of permit with c nditions and app % ed survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? v _,�) E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting2—A-y 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? nAO If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? &L �. _67 - If yes, please label the proximity of your lands on your survey. nGGL ;J I. Please list present use or operations conducted at this parcel�,�r.��-�/ r d the proposed use (ex: a sting single family, proposed: same with garage, pool or other) orized ,i nature and Date RECEIVE® AGRICULTURAL DATA STATEMENTgk-a! Mqy 0 6 ZOi ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORINT: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: M hK11 ` 5VT & K S / Afn4 /� %�'r4,� t tJ A5 Aei'e ny 2. Address of Applicant: `2,o 5 Pog,i 3. Name of Land Owner (if other than Applicant): CE-yywhU n --VJQ 4. Address of Land Owner: J f: ��"� S 5. Description of Proposed fD Project: -( r6Ld (2 2 {r� 5ST-Y(1Y f1�til 6. Location of Property: (road and _Tax map number) i O n- 15-:55— [ A ° 7. Is the parcel within 500 feet of a f operation? { Yes { } No 8. Is this parcel actively farmed? M Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. C.14 915 -'iPJ C56fr -Z 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) a ure of A, 1 cant 0a ' Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. I 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing :. REC IVE a .. MAY 0 6 2015 BOARD OF APPEALS Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses. become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part l -'Project and Sponsor Information Name ofAction or Pr • ject: Project Location (describe, and Attach a location map): &5 �1 a 2� -fie S 1 —Pr i vjJ -P,.o ad- Brief Description of Proposed Action: C � a -d G L f 6,m s GI- z4w U, Name of Applliccant.or Sponsor: Telephone:. Ank.'i A:5 E -Mail: Address: t City/PO: State:: Zip Code: 1. Does the proposed actio only involve the legislative adoption of a plan, local law, ordin ce, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or pproval: \� S 3.a. Total acreage of the site of the proposed action? 9 acres b. Total acreage to be physically disturbed? , np� 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. f/ El Urban 5/Rural (non -agriculture) El Industrial VCommercial m'Residential (suburban) El�f Forest Agriculture Aquatic ❑ Other (specify): ❑ Parkland Page] of 4 5. Is the proposed action, MAY a ZQ1J NO a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant acter o the existing build or natural c landscape? YES N/A NO YES 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 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies^ ' NO YES 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 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 j V 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES, f ,.. 14. Id ntify 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 1/ 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? 040 ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff an 4storn drains)? If Yes, briefly describe: ❑ NO + YES NO YES d Page 2 of 4 18. Does the proposed action include construction or other activities that rein th6n f st water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: M y Q a. 2 99 5 NO YES V/ small to large ALS19. Has the site of the proposed action or an adjoining property been the loc ' c ' or s d solid waste management facility? If Yes, describe: NO YES / may may rt`a _r. occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 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 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 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE �y, - Applicant/sponsor name: Anti' ° ems- Date: GtIJ �S Signature: ,wt� U 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?" '* No, or Moderate small to large impact impact may may rt`a _r. occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 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. RECEIVED MAY 0 6 2015 BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RECEIVED MAY 0 6 2015 BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer (if different from Responsible Officer) Page 4 of 4 "~ RECEIVED MAY 0 6 2015 Board of Zoning Appeals Application BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, PADtr---T1`{,.A residing at _90 41-1, Ali *,3A (Print propertyowner's name) (Mailing Address) O 0 0 -7-5 do hereby authorize 24MR- M 1'911-!f `1 (Ag nt) V /31-01 M to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ;: DECEIVE®- .. �IpY ®6 °Z015 n®RD Of �ppEp,�S 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. 44 i YOUR NAME : t-.- 1 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 Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the.appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, pa: ner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of , 20 Signature 'j - Print Name'�'� RECEIVED� % MAY Q 6 4P AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: M 1i — Q (Last name, first name, middWinitial, u less 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 VarianceVr 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 No, sign and date below. If Yes, complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or -position -of that_person. Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day Signa Print Name 20/5- A _jq 0/5- A-,q J-�rN Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS M RECEIVE® SAY 4015 BOAR® OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown. northfork. net), the Board of f Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ®�D -� - f ..�14'®aKS Crr i✓ 6� The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 1A Building Dept. E Board of Trustees 0 z L-3,4 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) E (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ,3'TLe cum -1&',u6 r %Z-`liv�i �J /04, �-,VC V"Ea�-i©�✓s Location of action: 6 f# f o 19-007W (,:�Peeffa4%r� Site acreage: RECEIv ,D,c Present land use: MAY 0 6 2015 Present zoning classification: -�� BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant f MA?Wt!l ':a�� — GQjwa &7?— (b) Mailing address: (c) Telephone number: Area Code (: ) 417T'.q 7r-� (d) Application number, if any: O 11f XV Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes V No ❑ If yes, which state or federal agency? N 1..5 DEVELOPED -COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ❑ Yes 51 No M (Not Applicable - please explain) RECEIVED MAY 062015 Attach additional sheets if necessary BOARD OF APPEALS 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 U(Not Applicable — please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes E No (Not Applicable — please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Ed Yes 0 No Y (Not Applicable — please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. 0 Yes R No � (Not Applicable —please explain) REC to MAY 0 6 2015 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. Yes F_� No (Not Applicable — please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section- III —Policies; Pages 34 through 38 for evaluation criteria. 0 Yes No V� (Not Applicable — please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. YeEl NoI!!�N (Not Applicable — please explain) 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 [:1 No (Not Applicable'— please explain) RECEIVE® ��- i d cr BOARD OFr-^l.0 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic . Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No LN Not Applicable — please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑-Yes_ ❑--No-M_Not-Applicable --please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No /< Not Applicable — please explain FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31805 696-�' RECEIVE® MAY 0 6 2015 F BOAR® OF APPEALS Date: 09/13/06 THIS CERTIFIES that the building REPAIRS Location of Property: 65490 MAIN RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 5 Lot 12.6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 5, 2003 pursuant to which Building Permit No. 29710-Z dated SEPTEMBER 8, 2003 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 REPAIR & ROOF ALTERATION TO COTTAGE #4 AS APPLIED FOR. The certificate is issued to BREEZY SHORES COMMUNITY, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTFI APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-446107 02/20/98 PLUMBERS CERTIFICATION DATE N/A _ tho 'zed Signature Rev. 1/81 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider 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 http://soulholdtown,northfork.net kV�ErD ZONING BOARD OF APPEALS f F E% MAY ®6 2015 TOWN OF SOUTHOLD Tei. {631) 765-1809 • Fax (631) 765-9064 _1,BOARD QF APPEALS 2011 FINDINGS, DELIBERATIONS AND DETERMINATION SO&oid TOwr1 + MEETING OF JULY 19, 2012 ZBA FILE: ',6525 NAME OF APPLICANT: Breezy Shores Community, Inc..(Hernan Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM#1000-53-5-12.6 ,.:547 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 November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us; it is our determination that the proposed action is CONSISTENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION.: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII 'Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8, 2011, Notice of Disapproval based on an application for building permit for demolition and construction of a 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, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. ' i H tl EC Ne Page 2of3—July 19, 2012 MAY 0 6 2015 ZBA File#6525 - Otano CTM: 1000-53-5-12.6 APPEA RELIEF REQUESTED: The applicant reques cces�#oFreecoonnsttruuctSa cottage that was demolished and ."as built" construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: I) the nonconformity to be considered under the use variance standards; and 2) the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file #6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community. In 1985, a prior owner applied to the Zoning Board of Appeals under file #3320 for permission for a 19 lot subdivision of this property; .the request was ,denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2011, January 5, 2012, March 1, 2012 and June 7, 2012 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 4267-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. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally, the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's, with each cottage unit in a similar .location. The location and size of the proposed structure shall remain the same. 4. Town Law 6267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally, the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the f: RECEI E® . b Page 3 of 3 — July 19, 2012 MAY ®� 2 ZBA Filc46525 - Otano 015 CTM: 1000-53-5-12.6 BOARD GF Ma5A S limitations on the use of the parcel under the Zoning Code in effect prior to or at the time p a Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawings labeled site plan, floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10, 2011. CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. . The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning. ,ti'ay: Me er Dinizlo. This Resolution was duly adopted (4-1). Leslie Kanes Weisman, Chairperson Approved for filing 71,23 /2012 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider p,E.cezvE�ba MAY 0 �� 5 300RO of APPEALS http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERNIINATION MEETING OF JULY 19, 2012 ECEIVED J 27 -00 1 - 0 M 0 0 - T__ Soighold Town Clerk ZBA FILE #6557_.- NAME OF APPLICANT: Breezy Shores Community, Inc. (Hernan Otano, Cottage #5) PROPERTY LOCATION: 65490 Main Road (aka Sage Blvd.) Greenport, NY SCTM # 1000-53-5-12.6 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 November 17,. 2011 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage, at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A) (1) which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December I2, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 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 RELIEF REOUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage. The total 807 square feet includes the habitable space and non -habitable porch, but not `. RECEIVED page 2 of 6 —July 19, 2012 ZBA File#6557 - ota,o MAY 0 M1'5 CTM: 1000.53-5-12.6 RRe�yy n p p the stairs and landing. The need for a use §P Mn Ps Lia APiSyWmgquest to establish an additional use (non- conforming cottage) on a subject property that already has a principal use (dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status, the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether §280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1, 2011, January 5, 2012, March 1, 2012 and June 7, 2012, 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: I. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6, 2012, the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure. The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: 1. A floor plan with its original application dated 11/10/2011 indicating "rebuilt existing walls" and "new walls" 2. A memorandum, received on December 28, 2011 that included a listing of items that remained in the structure and items that were re -built 3. A letter from an Architect, Robert I. Brown dated December 13, 2011 stating that "less than 50% of the structure had been demolished" At the public hearing on March 1, 2012, the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1, 2012 Transcript, pg. 6 lines 15-25). Additionally, the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10, 2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr. Brown's letter did not contain the mathematical support for the calculation, nor did he provide such calculations at or after the public hearing as requested. As such, the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand, and based upon the physical inspection of the structure the Board notes the following items: 1. A new foundation was installed; 2. New plywood siding was installed; Page 3 of 6 — July 19, 2012 ZBA Pile#6557 - Otano CTM: 1000-53-5-12.6 3. New joists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. REIVED MAY ��6a g 2015 BOARD OF APPEALS As stated by the Chief Building Inspector at the March 1, 2012 hearing (transcript p. 24, line 25, p. 25 line 1) "[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished, piece by piece, and replaced with an entirely new structure. As such, this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. Il. Nonconforming Status of the Structure and Interpretation of §280-122 A. Nonconforming Status of the Structure As set forth above, the December 12, 2011 Notice of Disapproval (updated March 6, 2012) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use At the January 5, 2012 pubic hearing, when asked to explain the language of the Notice of Disapproval, the Building Department Permits Examiner, Patricia Conklin, testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review, determined that it was a nonconforming building. No. 1 because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building. The second part of that nonconforming use is, it's the second structure as a principal building which is on that property. (January 5, 2012 transcript, p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures, they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition, this is a nonconforming building because it's less than 850 square feet, as defined in the Southold [Town Code]." (January 5, 2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under §280-122. More specifically, the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84 (2A Dept. 2004) as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under §280-121 which governs nonconforming uses. The Court concluded RECEIVED. Page 4 of 6 —July 19, 2012 MAY 0 6 Z015 ZBA File46557 - Otano r V „ � CTM: 1000-53-5-12.6 that the cottage was accessory to the principal ►lan hAPPEALS erefore a nonconformingbuildingwith a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here, the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling, having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to §280-13(A)(1) each lot in the R-80 zone is allowed to have a one -family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this "cottage" does not meet the definition of a dwelling under §280-4, that "cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such, this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of §280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required, the ZBA will issue a determination on whether §280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind, without the need for further variances, as argued by the applicant. Section 280-122 (A) states: Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding, the applicant has argued that, pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind, in its entirety, without the need for any additional variances. At the public hearing, the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1, 2012 Transcript, pp 16-21). This memorandum set forth types of "reconstruction" that would not trigger the need for additional variances. Such activities include, but are not limited to: replacement of windows, raising ceiling height without increasing the degree of nonconformity; repair or replacement, in place and in kind, of siding or roofing; or replacement or repair of existing decks, porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such, the term "reconstruction" as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. 11. Use Variance Application: 1. Town Law 4267-b(2)(b)(1). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind, the applicant's ownership interest has no value and is rendered useless. The applicant RECEIVED -t- ---- Page 5'of6—July 19, 2012�Y d .201 ZBA R06557 - Otano � (01c) - CTM: 1000-53-5-12.6 i OF APPEALS submitted an affidavit regarding the value of thAMP the cooperative, as well as information about comparable sales in the area of the property, as well as information regarding the maintenance and carrying charges on the property. In light of these circumstances, the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law 4267-b(2)(b)(2). The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number`of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size. The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law §267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally, the location of the reconstructed structure is appropriate within the context of this neighborhood, as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law §267-b(2AM) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house, the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 4267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect 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 267-8, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the use variance as applied for, subject to the following conditions: CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 6 of6—July 19,2012 -LBA File#6557 - Otano CTM: 1000-53-5.12.6 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. ECEIVE® Vole ofthe Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider. Horning. " N Nay: ,Member Dinizio. This Resolution was duly adopted (4-I). MAY 0 6 2O15 ' �4 "444--, Leslie Kanes Weisman Chairperson Approved for filing 7 /) /2012 i. 0. 1 R OF 1 1rr Jt BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Horning Ken Schneider EID �� 15 SAY 0 � ®P,IRD of AppEA�` 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 E "VEDD ' TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 4MR2013 /y FINDINGS, DELIBERATIONS AND DETERMINATION utho To�Wer' MEETING OF FEBRUARY 28, 2013 ZBA FILE; .6622 NAME OF APPLICANT: Breezy Shores Community, Inc. (Naomi Mullman) SCTM#1000-53-05-12.6 .PROPERTY LOCATION: 65490 Main Rd, Cottage #11, ( adj. to Shelter Island Sound) Greenport, NY SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268;Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 8, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The -cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1, 2012 for General Amendments, 'Sheets 1 of 2, and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 22, 2012 Notice of Disapproval based on an application for building permit for additions and alterations to a 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 bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, 'Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. REC IVSD Page 2 of 3 — February 28, 2013 MAY d 2015 ZBA File#6622 — Breezy Shores Comm., Inc. (Mullman) CTM: 1000-53-5-12.6 (cottage #11) BOARD OF APPEALS _RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet (as shown on the survey) where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated February 1, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. _Town Law &267-bQ)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non -conforming use with a pre-existing non -conforming bulkhead setback of 54.5 feet. Therefore,.any proposed additions and alterations will require relief from the code. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non -conforming buildings with non -conforming uses. However, the proposed addition of 20.6 square feet to the existing bathroom is 3.1% of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical. All other proposed alterations will be constructed in place and in kind. The variance granted herein for relief from Section 280-116(B) is mathematically substantial, representing 27% relief from the code. However, in the context of the entire community, the variance is not substantial. The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non -conforming bulkhead setback. The location of the proposed structure shall remain the same. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. MAY 062055 Page 3 of 3 — February 28, 2013 ZBA Fileil6622 — Breezy Shores Comm., Inc. (Mullman) CTM: 1000-53-5-12.6 (cottage#II) BOARD OF APPEALS 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman, Cottage 11, Breezy Shores, dated July 6, 2012, revised Aug. 1, 2012 for General Amendments, Sheets I of 2, and 2 of 2. And the architectural drawings prepared by David Mullman, R.A., as follows: Sheets A-1 and A-2 dated 8/13/12 last revised 11/12/2012 titled "Site Plan for Proposed Renovation", and "Photo of Existing Cottage", sheet DG -100.00 dated 10/16/12 last revised 10/25/12, sheets A-101, A-102, A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ofa building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Weisman (Chairperson,) Horning. Goehringer, Schneider. This Resolution was duly adopted (4-0). C�, Leslie Kanes Weisman, Chairperson Approved for filing 2 t5— /2013 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider ocell e a = � Zp15 P??eNVb • y_p 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 REC IV D 4L�� Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 Z13A FI_LE'6660 ; NAME OF APPLICANT: Breezy Shores Community, Inc. ( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPER'T'Y LOCATION: 65490 Main Road Cottage 425 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the "Town. The multiple cottages on the property are a pre-existing, non -conforming use that was established .prior to zoning by the Sage family in the early 1900s. The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. UeIlendahl, Registered Architect, sheets Al -3, dated April 30, 2013, with latest revision dated July 11, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. RECEIVED Page 2 of 3 —.luly 25, 2013 MAY 0 6 /2015 � ZBA 46660 — Breezy Shores Community, Inc. (Mizrahy) I n scrm# 1000-53-5- l 2.6 l% BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to 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. RELIEF REOUESTED: The applicant requests a variance to renovate the seasonal cottage #25, including a 5.8 sq. ft. new addition for the placement of a water heater, with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION; During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft. to 5 x 3 ft., dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft. to 639.8 sq, ft. for a total increase in non -conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code, and are not to be included in the consideration of any overall increase in non -conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue; other than an area variance. Code defines that this seasonal cottage is a part of a larger non -conforming use of multiple dwellings, all co -located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code, which the Board determines to be de minimus in nature. 4. Town Law 4267-bQ)(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 existing building will be temporarily raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92% to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since 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. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. 0 Page 3 or - July 25, 2013 Z.BA 116660 - Breezy Shores Community, Inc. (Mizrahy) SCTM111000-53-5-12.6 RECEIVE® MAY 0 6 2015 BOARD OF AP 6 X EALS 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations to a seasonal cottage, 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 267-8, motion was offered by Member Horning , seconded by Member Dantes, and duly carried, to GRANT, the variance/variances as applied for, and shown on the survey drawn by Howard W. Young, sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A-1, A- 2, A-4 dated April 30, 2013, and sheet A-3 with latest revision dated July 11, 2013 to shown,all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without_ review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: ,oyes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted (5-0). U-7Lgi Leslie Kanes Weisman, Chairperson Approved for filing �j' �� /2013 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard. P. Goehringer George Horning Ken Schneider RECEIVED MAy 0 6 2015 UAV BOARD OF APPEALS oF souTyo� igsO 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 1] 971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25, 2013 R CE ED nj v 'u � a"Z ►utTown Clerk ZBA FILE # 6661 NAME OF APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE. CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION • Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the community and shares were offered as an ownership interest in the Cooperative.. The cottage at .issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Cottage 13 'Breezy Shores" at Greenport, dated Jan. 09, 2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a -.' RECEIVE® Page 2 o173- July 25, 2013 MAY�,� ZBA#6661 — Breezy Shores Community, Inc. (Willoughby) SCrM#1000-53-5-12.6 -41 7 nonconforminguse shall not be enlarged, reconstructe�®triDaQ 1 b"r���®®fn g y a t d�lr` ed, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to construct a 27 square foot addition for the reconstruction and alterations of the bathroom and mudroom, as shown on the architectural drawings, A-1, A-2, A- 3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11, 2013, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a non -conforming building with a non -conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage. 3. Town Law $267-b(3)(b)(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3% expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in. the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations to the seasonal cottage, 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the architectural drawings, A-1 site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions; 0 Page 3 of 3- .luly 25, 2013 ZBA#6661 — Breezy Shores Community, Inc. (Willoughby) SC" rM# 1000-53-5-12.6 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. e APPEALS AR That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) 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 nonconformidies under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing 71yo /2013 • I BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider ZBA FILE::_6704 NAME OF APPLICANT: PROPERTY LOCATION 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 http://southoldtown.nonhfork.net N25 D ZONING BOARD OF APPEALS TOWN OF SOUTHOLD A01 Tel. (631) 765-1809 • Fax (631) 765-9064 Q Soul; old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 Breezy Shores Community Inc. Cottage #7 (Steven Flotteron) CTM 1000-53-5-12.6 65490 Main Road, (aka Sage Blvd.) (adj. to Shelter Island Sound), Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County. Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Nov. 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non -conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages previously housed employees of the Sage family brick factory, and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community, Inc., was established, and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage, with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the site plan drawings by Robert I. Brown Architect, P.C., dated March 24, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to 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 bulkhead setback of 75 feet. • Page 2 of 3 - April 17, 2014 ZBA#6704- Breezy Shores Comm., Inc. SCTM# 1000-53-5-12.6 RECEIIrVED MAY 0 6 2015 BOARD OF APPEALS RELIEF REOUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code, and a second variance for a 72 feet setback from the bulkhead, where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non -conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board'of Appeals held a public hearing on this application on December 5, 2013, on February 6, 2014, and on April 3, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands, and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be. adversely impacted by the proposed structural improvements to seasonally occupied Cottage #7. The additions will be limited to a 2.8% increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's, when they were constructed for workers in the Sage brick factory. In the 940's, when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests. The adjacent waterfront cottages have similar, pre-existing, non- conforming bulkhead setbacks. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non -conforming use. The cottage also has a pre-existing non -conforming bulkhead setback of 72 feet. As a consequence of the non -conforming features any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial, representing 100% relief from the code because Section 280-123 prohibits.the enlargement of non- conforming buildings with non -conforming uses. However, the proposed addition of 20.6 square feetto the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint. This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases, particularly when necessary to make interior bathroom or bedroom space more Code conforming, to be de minimus in nature. This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-116(B) for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial, representing approximately 4% relief from the code. 4. Town Law 4267-b(3)(b)(0 No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-b(3)(b)(�. The difficulty has been self-created since 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. However, to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created. Page 3 of 3 - April 17, 2014 ZBA96704- Breezy Shores Comm., Inc. SCTM#1000-53-5-12.6 RECEIVED MAY 06 2015���a BOARD OF APPEALS 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron. Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect, P.C., subject to the following conditions; CONDITIONS: 1. The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2. No other alterations or additions may be undertaken without review by the ZBA, except for necessary minor repairs as determined by the Town Building Department. ' That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board. .oyes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). c Leslie Kanes Weisman, Chairperson Approved for filing 44 / 071 /2014 RECEIVED ROBERT I. BROWN, ARCHITECT, P.C. MAY 0 6 2015 205 Bay Avenue Greenport, N.Y. 11944 (T) 477-9752 (F) 477-0973 Admin(a,Fairweather-Brown.com BOAR® OF APPEALS April 20, 2015 Zoning Board of Appeals Town of Southold Re: Brooks Variance Application, An overview of the .proposed minimal changes to cottage #4 Breezy Shores Community Inc. This is an existing 778 square ft. cottage with a roadside entry landing of approximately 30sq. ft. + stairs to grade. The cottage requires a lift from the existing 5'9" first floor level to 8'0" to meet flood zone requirements. The owner would like to remove the road side landing and stairs, closing that door to be replaced by a window and add a door as indicated to the west side of the cottage with a 4'x 4' landing and stairs to access it from both front and back to grade. Also proposed is a 4' x 8' landing outside the existing sliding doors with full width stairs to grade. The ceiling of the cottage shall also be raised from the ridge height of 16'3" to 18'9" (Ridge height) Add an outdoor shower enclosure open to sky and ground on grade Existing sq. ft. enclosed 778 Existing sq. ft. landing 30 Total 808 sq. ft. The plans as submitted show: • Interior renovations • remove existing landing ( approx. 5x6'=30sq ft) • proposed New steps with landings as required by code to meet grade • Structure to be raised approximately 2'3" for flood plain • 4 x 8 landing and 4x4 landing 32 + 16 = 48 - existing 30 gain of 18 sq ft (2.22%) • 3% of 808 =24.24 • Drywell for roof run off Thank you, Sincerely, Amy Martin, As Agent Fairweather Design Associates, Inc. Robert I Brown, Architect, P.C. July 29, 2014 The Board of Directors of Breezy Shores Community Inc. (BSCI) 2013/2014, consisting of Steve Flotteron, President; Tom Charette, VP; Elena Colombo, VP; Mike Petsky, Treasurer; and Valerie Sakas, Secretary, hereby affirm that we have reviewed the repair and renovation�proposal for BROOKS, cottage 4, which was prepared by: Fairweather Design Associates, Inc. &-Robert I. Brown, Architect P.C. 205 Bay Avenue Greenport, New York 11944 Phone: 631-477-97521 Fax: 631-477-0973 and have no objections thereto. Both the Board of Directors and the Architectual Committee of BSCI certify that we have seen and approved of the proposal which includes a variance .to move the entrance to the west side of the cottage, a 3% increase in. square footage by the addition of a waterside deck, the addition and moving of windows noted on the elevations, and the addition of a roof donner on the waterside. Thank you, - Valerie Sakas, Secretary; on behalf of the Board of Directors BREEZY SHORES COMMUNITY, INC. 1P.O. BOX 925 MATTITUCK, NY 11952 'board@breezyshores.com peco nicpainting@bellsouth.net a t { RECEIV r 9 MAY 0 0 2015 40 ---------j30 AVe $F- AP P E ALS --Sim � J 1M a t { RECEIV r 9 MAY 0 0 2015 40 ---------j30 AVe $F- AP P E ALS .- r- t_T r 1 Gfl �-- . RECEIVED MAY .a ?OY5 ..... D ®F APPEALS ircrvvrf otVHai STAEET Y1 DtiT. SUB. MR,MER OWM6R N E ACR, S TYPE.OF BUILDf"a R. PAW OQA" Ce- WC5, Mkt. VV+Ms tAkb IMP. TOTAL DATE REMARKS Aft ��" f`lfl...•�.2 � T• iii �i d r ti �l.T� "� ..o ► .t•oo � ' � P � ,� a ' � F a7�1 �` d ■� '� r w r.: rtr.u.�.:�x„gR t'4 ...;T+e '.._ �.� i o `Y` _■c.. 35. .. _.._. _ .._ .._._ i X13 •- A( M AUXNG cc"DmN_3,4�d s I�6 f e dM E �r .1: i S�x�- dd .►-� - VE; NORA AL WOW AHOVf slyRLl Agm Ygic. Pse VOW dcsi� O.DO illable WTAM ai111IA71FR • d • ' � _ � -- toadi�u! _ V FRONTAM ON ROAD clue FIR BSII KH&1G L ,�y�y� ��rt�, �11a'� .'+. 02,17 � D d • MiiriRTl i'� MMD CAM x A _ 1��`�✓ �'24 1?r lit OWTEFR 1fILLhOfi l5i 5U� . Jv( /4ian ! f ay{ N .se• -S46 ec' �i ! ;,a,M a a yy a rr - „ ®ES "9fAS VL FARM GOMK Co. m= MIA. WIN@ LAND IMP. J\ TOTAL QATE ii WRKS so a. ado V Q —L23 ifilms -cog Txaa c� ©ate%na� — __1u45/131 aaF]III�„sa9Ta ens _� 3 111-vjjLL4 ram da • _ . _2 ARPArg -Tau; att gzpafa coTlazz #4 �ra- Ma; nad AGA. FIIMI TvPF Of OLD. TQrAL -----����pm�A | |wuum«av +��wzmx m" . . ' ` .~~~-_�� F RECEI ED AG MAY 0 6 2015 °�"' •,.WRD OF APPEALS s w ' TYPE Of BUILDING Z ) t RES SEtiS v�, fAbN COkMA, t8 MIS[. AAII. Vc1ue LAND-• ----W. TOTAL. DATE REMklzs r.4.f7• r_ N,i : f t 1 .1 Lt / •� �c 4 . .G' ' f S yB•+Z.r_'_ Tl TIV COr4DMONNEW' ABOVE 'a� � r F S$1FARM TIBUILDIW& vabAe {Ilo6b 1 rl VIOL I�atllk . ? rnr �, JAI p- _. � .2 d. P41n .,, „F+�• "kONTAGE ON WALTER •1,6I',IPIj ' fRDWAGE ON ROAD PlatOEM • - - -� r - F "FAD h* sir rap �t I .A mar MAY ®2015 ,..:. 1' • movirimijr httn://24.38.28.228:2040/weblink7llmageDisnlav-acnx?cache=ve.GRr.cescinnkPv=WT,Tmna 10/11/*71)11 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER o�Ag�FFO[�coa N 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: May 8, 2015 RE: Zoning Appeal No. 6862 Transmitted herewith is Zoning Appeals No. 6862 for Breezy Shores Comm., Ine./Martha Brooks #4 -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, Board of Zoning Appeals Application Authorization from Martha Brooks for Amy K. Martin of Fairweather & Brown, Applicant/Owner Transactional Disclosure Form from Martha H. Brooks, Agent/Representative Transactional Disclosure Form from Amy K. Martin, LWRP Consistency Assessment Form, Notice of Disapproval to Amy Martin for M. Brooks at Breezy Cottages Dated January 12 of 2015, Certificate of Occupancy for No. Z-31805 Dated September 13 of 2006, Findings Deliberations and Determination Meeting of July 19 of 2012.for ZBA File.6525, Findings Deliberations and Determination Meeting of July 19 of 2012 for ZBA File 6557, Findings Deliberations and Determination Meeting of February 28 of 2013 for ZBA File 6622, Findings Deliberations and Determination Meeting of July 25 of 2013 for ZBA File_ 6660, Findings Deliberations and Determination Meeting of July 25 of 2013 for ZBA File 6661,'Findings Deliberations and Determination Meeting of April 17 of 2014 for ZBA File 6704, A Letter to the Zoning Board of Appeals from Amy Martin of Fairweather Design Associates, Inc. Dated April 20 of 2015, ZBA Application Dated April 20 of 2015 from Fairweather Design Associates, Inc., A Letter from the Board of Directors of Breezy Shores Community Inc. Dated July 29 of 2014, 3 Pages of Photos, 4 Pages of Property Record Cards, 10 Pages of Drawings of Brooks Cottage #4 at Breezy Shores; Page 1 is a Drawing of Road Side Elevations Phase 1; Page 2 is a Drawing of the West Elevation Phase 1; Page 3 isa, Drawing of the Water Side Elevation Phase 1; Page 4 is a Drawing of the Road Side Elevation; Page 5 is a Drawing of the Road Side Elevation Phase 2; Page 6 is a Drawing of the West Elevation Phase 2; Page 7 is a Drawing of the Water Side Elevation Phase 2; Page 8 is a Drawing of the East Elevation Phase 2; Page 9 is a Drawing of Proposed Foundation and Roof Height; Page 10 is a Drawing of the Site Map of Breezy Shores; 3 Pages of Plans; Page 1 is the Site Plan; Page 2 is the Foundation Plan; Page 3 is the Existing Floor Plan. ***RECEIPT*** Date: 05/07/15 Receipt#: 184255 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6862 $1,000.00 Total Paid: $1,000.00 'Notes Payment Type Amount Paid By CK #217 $1,000.00 Breezy, Shores Inc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Breezy, Shores Inc Sage Blvd Greenport, NY 11944 Clerk ID: SABRINA Internal ID: 6862 BOARD MEMBERS OF S!/r y� Southold Town Hall 53095 Main Road • P.O. Box 1179 Leslie Kanes Weisman, Chairperson �� l0 h0 Southold, NY 11971-0959 Eric Dantes #[ #[ Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning rh 54375 Main Road (at Youngs Avenue) Kenneth Schneider ^��� lyC��,��V Southold, NY 1197.1 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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, JUNEA, 2015: 10:15 A.M. BREEZY SHORES COMMUNITY, -INC._ (MARTHA BROOKS) - #6862 - Request for Variances 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 application for 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 bulkhead setback of 75 feet, located at: #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day'of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.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 N�rTIt:.E CoF HEHRIi+Io The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BREEZY SHORES COMMUNITY, INC. (M.. BROOKS) COTTAGE 4 # 6862 SCTM # : 1 000-53-5-1 2.6 ',ARIANCE: ADDITIONS ALTERATIONS I-11EQUESTom BULKHEAD SETBACK EATEE THURS., JUNE 4, 2015 10:15 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between f 8 AM and 3 PM. ZONING 30ARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS - _ SOUTHOL9, NEW_YORK� In the Matter of the Application of i YU (Name of Applicants) SCTM Parcel # 1000- j 3 — 5 —/a . COUNTY OF SUFFOLK STATE OF NEW YORK I, a, tes� at New York, bZng duly sworn, deposes and says that: 8� a s AFFIDAVIT OF MAILINGS On the Aa day of , 2015, I personally mailed at the United . States Post Office in , New York, by CERTIFIED MAIL, RETURN RECDIPT-- - QU TED, a true copy of the attached -Legal _ Notice. in . . - ----Prepaid envelopes addressed to current properrty owners §liown on the current assessment ------' --- ----- - roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property --Office for --every property -which - abuts -and-is-across-a-public or -private -street, - or vehicular right-of-way of record, surrounding the applicant's operty. (Signature) Sworn to before me this *,?, day of , 20 fS-- (� ry_PubUc,State t a of New York (Notary Public) Qualified in Suffolk County Commission Expires July 28, 2 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. it TOWN OF SOUTHOLD ZONING BOARD OF APPEALS - _ SOUTHOL9, NEW_YORK� In the Matter of the Application of i YU (Name of Applicants) SCTM Parcel # 1000- j 3 — 5 —/a . COUNTY OF SUFFOLK STATE OF NEW YORK I, a, tes� at New York, bZng duly sworn, deposes and says that: 8� a s AFFIDAVIT OF MAILINGS On the Aa day of , 2015, I personally mailed at the United . States Post Office in , New York, by CERTIFIED MAIL, RETURN RECDIPT-- - QU TED, a true copy of the attached -Legal _ Notice. in . . - ----Prepaid envelopes addressed to current properrty owners §liown on the current assessment ------' --- ----- - roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property --Office for --every property -which - abuts -and-is-across-a-public or -private -street, - or vehicular right-of-way of record, surrounding the applicant's operty. (Signature) Sworn to before me this *,?, day of , 20 fS-- (� ry_PubUc,State t a of New York (Notary Public) Qualified in Suffolk County Commission Expires July 28, 2 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. U.S. Postal Service,. I CERTIFIED MAILT. RECEIPT C:l (Domestic Mail Only; No Insurance Coverage Provided) CO _n For delivery information visit our website at www.usps.come MF,. h" 41-flW.-NR*C O A L U S E Ln Postage $ $0.49 0%4 FA I 0 Certified Fee $3.30 .02 r=1 Return Receipt Fee Postmark C3 Here' (Endorsement Required) $2.70. C3 O Restricted Delivery Fee (Endorsement Required) $0.00 C3 17-:1 Total Postaga,& Fees $6.49 05/16/2015. Sent TUlt-4.1e,61 rq'9�,i4-AjYC-------------------.- ------------- — ------ — ---,------------W__ C3 orPOBox No. State, ZIP+4 ------ - -- - ------- - - T ------ - - ------- i City, � SII` �'.�itii Postage $ 3 Certified Fee 3 Return Receipt Fee 3 (Endorsement Required) 3. Restricted Delivery Fee (Endorsement Required) 3 U.S. .S. Postal Ewa ServiceTM 22E ru U E � M MMEMMMEW CERTIFIED For delivery information visit our website atwww.usps-come r -ST -Ail A 6 L U 8 E I Postage MAILT. 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E3 orPOBoxNo. P- 7 ---------- $2.70 $0.00 $6.49 IM Ewa 22E C3 r%- 1111111110M U E � M MMT W X19C 11 % Ln Postage $ $0'.49 rq Certified Fee $3.30 Postmark Here rq M Return Receipt Fee (Endorsement Required) $2.70 M C3 Restricted Delivery Fee (Endorsement Required) $0.00 M 17-1 17% Total Postage & Fees San, n -UCQ QE 0%4 02 Postmark Here -15/16/2015 42-2-29.10 AGR53-4-44.9 Christian Baiz AA �j PO Box 726' Andrew & Susan Aurichio PO Box 2104 Kerwin Blvd Southold, NY 11971 'Greenport, NY 11944 1 53-2-28 Emily Latham 53-4-44.10 Corrazzini Brothers vo Joshua Whitecavage PO Box 1281 , 2710 Kerwin Blvd Cutchogue, NY 11935 Greenport, NY 11944 J -Richard Gans 53-2-29.1 J53-4-44.11 General Counsel LI RR Law Dept 6 Jamaica Station Mail code 1143 9� Fred & Dorethea Salzberg 2890 Kerwin Blvd ; /ro /Jamaica, NY 11435 53-4-44.1 James Posillico � 346 Maple Ave Greenport, NY 11944 153-4-44.35 Jeffrey &Suzanne Sykes �% a 3040 Kerwin Blvd NY 11590 ✓Westbury, 4 Greenport, NY 11944-4-44.3 / 53-4-44.39 Possilico Construction Com any 346 Maple Ave qp Town of Southold aD 53095 Rte 25 Westbury, NY 11590 NY 11971 V53-4-44.4 ,Southold, .f 53-4-44.40 Indira & Kurt F Klotzer Jr l �� 1710 Kerwin Blvd August Acres Homeowners Assoc PO Box 709 t1vt Greenport, NY 11944 J 53-4-44.5 Greenport, NY 11944 53-5-2 Diann Lastihenos a j 10 Norman Ct Karol & Marzenna Filipkowski PO Box 356 5-19,0 Dix Hills, NY 11746 Cutchogue, NY 11935 53-4-44.6 Karen & John Grayson Jr 04 J53-5-3 George & Stavroula Protonentis 334 Mineola Blvd 5-0261 1-- 53-4-44.7 76`h Street I Brooklyn, NY 11209 " 53-5-4 Leonard & Jean Glaser Semour & Adelaide Brittman 2180 Kerwin Blvd PO Box 1247 / Greenport, NY 11944 Southold, NY 11971 1p t3-4-44.8 53-5-5 enry PaseAlbert & Dorothy Wieck 2390 Kerwin Blvd SIS' 465 Tarpon Drive . Greenport, NY 11944 Southold, NY 11971 53-5-6 Somia & Sandra Spar 575 Tarpon Drive NY 11944,Greenport, 53-5-7 Mathew & Elizabeth Broderick 21 William Penn Dr Stony Brook, NY 11790 53-5-8 & 57-1-39.2 Robert Wieczorek & Rita Reis PO Box 1725 Southold, NY 11971 153-5-9 Gregory & Anne Cahill 542 E 20'' St New York, NY 10009 v/53-5-10 Varujan & Linda Arslanyan 1055 River Road PH!! Edgewater, New Jersey 07020 ./ 53-5-11.2 Leszek & Krystyna Gesiak PO Box 1783 Southold, NY 11971 J53-5-12.6 Breezy Shores Community Inc . PO Box 925 5 �� Mattituck, NY 11952 43-5-12.8 Kedjierski Living Trust �a a PO Box 438 Southold, NY 11971 53-6-46.7 ,�/ Louis Vullo/?� 1980 August Lane / Greenport, NY 11944 43-6-46.8 Hildreth H Partnership 1' I 51 Main Street Southampton, NY 11968 i ■• M Gni 1 9 �p I :2_ s r=1 Postage $ C3 Certified Fee -71 Return Receipt Fee l(Endorsement Required) 1 O Restricted Delivery Fee (Endorsement Required) O I ri Total Postaae & Fees 16.49 Postal Service -r. U.S. P" 'al ServiceTM CER', ..2 4E-dwin Tuccio 56-4-24 Stephen J Patterson III 193 Griffing Ave Riverhead, NY 11901 J57-1-35 Southold Shores Assn, Inc PO Box 396 SIZa �-Ei7-1-38.3 Southold, NY 11971 Brick Cove Realty PO Box 455 Southold, NY 11971 Southold Shores Boat Basin c/o Meagher 57-1-39.3^/ 750 Blue Marlin Drive �J Southold, NY 11971 ,l 57-1-39.4 Blanche L Chilton 1305 Blue Marlin Drive Southold, NY 11971 /5--7--2-37.1 John L Mulholand Living Trust 725 Island View Lane '5 l Greenport, NY 11944 57-2-42.5 Joan Schneider 836 N Broadway Apt 1 E Yonkers, NY 10701 57-2-42.6 Constance Latson PO Box 655 Greenport, NY 11944 -1U.S. Postal Service,,. 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Return Receipt for Merchandise } ❑ Insured Mail ❑ Collect on Delivery A. X ALK&OL ❑ 'Addressee B. Received by (PrintedName)C. Da tj,of Delivery ,Zd?' D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ice Type aCertified Mail® 0 Priority Mall Express" 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article NumberI r; j 17 D 13117;10 10 D ]; ? 01'5:4 i 13 6 9 7 'I I (Transfer from service label) r5 t-orm 0611, July 2013 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 yod. ■ Attach this card to the.back of the mailpiece, or on the front if space permits. 1. Article Addressed to:. Emily Latham ` Joshua Whitecavage A. Signature Agent X :Addressee } eceived by (Printed Name) C. Dipte of Delivery D. is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No i 2710 Kerwin Blvd 3. Be�a Type MortMali® 0 Priority Mail Express'" Greenport, NY 11944 0 Registered 17 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transferfrom service fab ' i7 013:1710' 0 0 01 1015 4 3 9'3 2 I i PS Form 3811, July 2013 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. P Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: j Gregory & Anne Cahill 524E 20t` St apt 2D New York, NY 10009 i A. Sig ure X ❑ Agent u �.l ❑ Addressee i %� Received by (P ; elivery T EL r D. Is delive a dress different from ite 1? s If YES, ter delive a drUs jQp` i 3. Se ce Type 19 Certified Mail® 0 Priority Mail Express .D Registered 0 Return Recelpt for Merchandise El Insured'Mail ❑ Collect on Delivery i 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article iVumber i; i i; i 7`015; 1710 0001 015 4 3680 (rransferfroin`seivke;labe) I 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. EIAgent X ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. ' B. Receive b ' his ; yP (noted Name) C. Date of Delivery ' ■Attach this card to the back of the mailpiece,Id 1 or on the front if space permits. 1 /1D. 1� Article Addressed to: Is delivery address different from item 1? 13 Yes If YES, enter deliveryaddress below: ❑ No 1 1 �f Karen & t John Grayson Jr 334 Mineola Blvd NY 1I5-0 j 3. S ice Type Certified Mall" .D Priority Mail Express'" l - — - — D Registered . D Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ` ` ❑ Yes ' 2. Article Number t , r , . ; , : ; 7:0113 i 11710 D 01 015 4-371 0 .- ^� ;(Transfer from sendce labbo j i : PS Form 3811, July 2013 Domestic Return Receipt I COMPLETE/N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1, 2, and 3. Also complete ure item 4 if Restricted Delivery is desired. ❑ Agent I ■ Print your name and address on the reverse ❑Addressee PB.Recelved so that we can return the card to you. ■ Attach this card to the back of the mailpiece, bykPdrjted,N5me. ;C. Date of Delivery rye or on the front if space permits. 1. Article Addressed to: D. Is deliveryadtdr".' d fig nt from ? ❑ Yes ❑ No i If YES, entetrvery Jd ess bel ,. r I 3. Se ce Type El Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article.Numbei € T013 1710 D 0 01]1 =015 4' ' 3 6'4 2 ' (Transfer from service label) , I PS Form{3$11 ,F66.[—da ry 2004 Domestic Return Repeipt 10259502M-1540 ■ 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: ¢ �s AZA -'gyp %A44 2. Article Number ?013. (Transfer from sentig018PO ; A. ' re ❑ Agent ❑ Addressee l c ived by d d Name) C. Date of Delivery D. Is delivery address different If YES, enter delivery addqF I MAY 2 2 2015 3, ServiceOF/Certified rt Type \ � � /10 udCertified Mail® ❑Priori. cess [3 Registered E3 Return"Fteeaipt foS'1�'/lerch; ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 1710 0001 0.154 3604 Domestic RetuM Receipt j ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1.. Article Addressed to: A. ❑ Agent B. Received b rirYted Name) C. Date of C D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No I ? Louis Vullo 1980 August Lane r Greenport, NY 11944 3. se ice Type I 10 Certified Mall® D Priority Mail Express'" D Registered D Retum Receipt for Merchandise i ❑ Insured Mail ❑ Collect on Delivery 1 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number T I (Transfer from service la , I 7'013 ` `17`10 0 0 01` 015 4' 3 $`Q2 PS Form 3811, July 2013 Domestic Return Receipt ' •IIS SECTIOU ■ 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. r Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: i; Constance Latson PO Box 655 Greenport, NY 11944 A. Signature ❑ Agent � ddressee B. Received by (Printed Name) C. Date of Delive D. Is delivery address different from item 1? ❑ Yes L If YES, enter delivery address below: ❑ No i ( 3. 88 ice Type Certified Mail® ® Priority Mail Express ! ® Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2 Article Number ( 7 013 1710 0 0 01 015 4 3 819 Transfer from service labeq � PS Form 3811, July 2013Domestic 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: TUdreth H Partnership 51 Main Street Southampton, NY 11968 A. Sign re X �'X ///�'/ Lir 11 Agent ! tar Veceived by (Printed Name) CZj �%ate%f Delivery D. Id delivery address different from item 1? ❑ Yes . If YES, enter delivery address below: ❑ No 3. Sgfte Type 113 Certified Mail® ❑ Registered ❑ Priority Mali Express"' E3 Retum Recelpt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ YP� ?. Article Number. ;; i 7 013 1710 0001 015 4 3833 (rransfer'from service labep i PS Form 3811, July 2013 Domestio_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. I. Article Addressed to: Andrew & Susan Aurichio PO Box 2104 Kerwin Blvd Greenport, NY 11944 A. Sig i'atLre nt ddressee B. Received (Pripted Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ! ice Type ly Certified Mall® IJ Priority Mall Express'" ® Registered 13 Retum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery, 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number r 7 013 1710 0001 015 4 3666 (Transfer from service label) 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.g.p,the.reverse. so that we can return the card to you. ■ Attach this card to the back -6 fhi=:tliailptecb; or on the front if space permits. 1. Article Addressed to: Robert Wieczorek & ' �^ v a PO Box 1725 Southold, NY 1197 Y1AY 20 2Q1 ��' A. SignatWe X ❑11 Agent Addressee 3; cebPrint. C. Date of Delivery ! D. Is delivery addressZlifferent from item 1? ❑ Yes If YES, enter delivery address below: No 3. !7rce Type LH Certified Mall® 13 Priority Mail Express" ® Registered ® Retum Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number h 7 013-17'10 0001 015 4 3925 (Transfer from service labeq ' PS Form 3811, July 2043 Domestic Return Receipt - ■ Complete ite, it, 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. ■-A'" t'i0tthis card to the back of the mailpiece, "" hithe front if space permits. 1. Article Addressed to: r i Diann Lastihenos 10 Norm Ct X�❑ Agent ❑ Addressee , eive b rinted Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No an 3. Se ice Type 4 Dix Hills, NY 11746 Cf certified Mail® ❑ Priority Mall Express'" f 0 Registered 0 Return Receipt for Merchandise f ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes I i2: Article Number; ; ; ; ; ; ; 7 013 1710 0 0 01 015 4 3727 s :•:::. . (rMnsfer'frobi service label: i i _ = - PS Form 3811, July 2013 Domestic Return Receipt is 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. 0 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Si&ature X ❑ Agent ❑ Addressee B. OFceived by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery a;I fin¢ below. ❑ No 3. Se ice Type I lMCertified Mail®AO�Rjtk, ❑ Registered erchandise r ❑ Insured Mail ❑ Collect on Delivery �. 4. Restricted Delivery? (Extra Fee) ❑ Yes i 2. Article Number 7 013 1710 0001 015 4 3628 I (Ar Isfer.fromservicelabeq, s ; PS Form 3811, July 2013 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: 1' Indira & Kurt F Klotzer Jr 1710 Kerwin Blvd Greenport, NY 11944 2. Article Number I (Transfer from service label) �j0.f..cs>ycru . A. Signature ,�j X t�,(/. �❑Agent i i 6YAddressee B. Received by (Printed Name) C. DP of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No i c i 3. =Type ® Ceitifled Mail® 0 Priority Mail ExpresC 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes PS Form 3811, July 2013 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: August Acres Homeowners Assoc PO Bbx 709 Greenport, NY 11944 , 2. Article Number -7 d (Transfer from service label A. Sign Yu ❑ ent X A.ddressee B. Received by (Printed Name) C. D to of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Slice Type ® Certified Maily 0 Priority Mail Express'" i 0 Registered 0 Return Receipt for Merchandise y ❑ Insured Mail ❑ Collect on Delivery ; 4. Restricted Delivery? (Extra Fee) ❑ YQs { :rIN01c..: .I 1-`07, j54 '3734 nnmPctir•. Return Receipt ■ Complete items 1, 2, and 3.. Also complete X Sign re U item 4 if Restricted Delivery is desired:. ❑ Add ■ 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, - Rec a by Panted Name) C: D t&& o or on the front if space permits. `�' .:D. Is delivery address different fro 1 _ 1? ❑ Yes 1. Article Addressed to _ b .• If YES, enter delivery address be Semour & Adelaide Brittman I f PO Box 1247 3.SqKice Type f Southold, NY 11971 'certified Mall® 0 Priority Mail Express"' 13 Registered- D Retum Recelpt for Merchandise Insured Mail ❑ Collect on Delivery i 4. estricted Delivery? (Extra Fee) ❑ Yes ' 2. Article Number, ; ; y < < t ; i„ 7 D'13 ], 71 D D D 1 0154 3871 I i i(rransfer'froni service label)' 1 i PS Form 3811, July 2013 Domestic Return R celpt ■ 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. i ■ Attach this; card to the back of the mailpiece, } or on th'e:f 64 if space permits. 1. Article Addressed to: I -S,tavroi-da Protonentis George & 1 261 V Street Brooklyn, NY 11209 f ' 2. Article Number , ; ... •� 7 D:1 (rransfer from service (aben i PS Form 3811, July 2013 i Domestic Return Receipt ASifir❑ Agent ❑ Addressee by (Printed Name) C. Date of Delivery 'f D. Is delivery address different from item 1? ❑ Yes I, If YES, enter deeliV,� addre s below: ❑. No I Q' �.0 3. s iceT C ority Mall Express 0 Rstere�r]j atom Receipt for Merchandise ❑ Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes j1710 0001 0154 3888 --� ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse I so that we can return the card to you. ■ Attach this card to the back of the mailpiece, l or on the front if space permits. 1. Article Addressed to: 1 ! Joan Schneider 8.36 N -Broadway Apt 1 E Yonkers, NY 10701 Is delivery address different from'itelt-U-1+ mss I. If YES, enter delivery address below: E3 No I 3. S ice Type Certified Mall® O Priority Mail Express 0 Registered 0 Retum Receipt for Merchandise - ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes DER TRIED MAIL TM U.S. POSTAGE Y GREEN 191q VNrrEDsrnrEs 11999 q MAY 16, ' 15 AMOUNT nosrnc seavrcE 7013 1710 0001 0154 3857 1000 $6,19 11998 00098659-02 Sonia& Sandra Spar 2360 Peconic Bay Blvd Laurel, W4��` NY 11948 FORWARD TIME EXP RTN TO SEDID . SPAR � 575 TARPnN D 'S"OUTHOLD NY 110-71-1436 RETURIV VQ - 4 8:35 ■ Complete items 1; 2, and 3. A.., ,:omplete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. t ■ Attach this card to the back of the mailpiebe, or on the front if space permits. ? 1. Article Addressed to: - — - — -- -- ---7-- Mathew -Mathew & Elizabeth Broderick 21 William Penn Dr Stony Brook, NY 11790 Number �i . from'servlce labeo ' 111, July 2013 A. Signature _ X ❑Agent ❑ Addressee B. R oeived 15y (Printed Name) I C. Date4, elivgfy . D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑. No 3. S.e eType: Eff Certified Mail® 0 Prlority Mall Express ® Registered O Return Receipt for Merchandise ❑ Insured'Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 1710 0001 0154 3840 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: A. Signatur ❑ Agent X ddre B. Receivej,by (Pri am e C. Dalp. of Del WL S D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No d Fred & Dorethea Salzberg I 2890 Kerwin Blvd Greenport, NY 11944 3. S ice Type n Certified Mail® 0 Priority Mail Express 0 Registered 'C3 ReturnReceipt for Merchandise i ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes i 2. Article Number i ; s ` ; (Transfer from service label)' 7'013. .1718,%0001'0154 375'8 PS Form 3811, July 2013 Domestic Return Receipt ■Complete items.j; 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, I or on the front if space permits. 1. Article Addressed to: Jeffrey & Suzanne Sykes `i 3040 Kerwin Blvd Greenport, NY 11944 A. � e❑Agent X ❑ Addressee B. Received by (rinted Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. sgfiicq Type 83 Certified Mail® 13 Priority Mail Express ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number ' 7 0013` i 1710 IA 0`D 1l 101'5 4 37 41f ` (rransfer from service label) i. a., nni o nnmoc#ic Raturn RAraint i R Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. R Print your name and address on the reverse i so that we can return the card to you. M Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArticleAddressedto: 2. Article Number ,(Transfer, from se{vice Mbeq 1 PS Form 381 T,'July 2013 A. Signature X _ ElAgent ❑ Addressee B. Received by(j(Printed Name) C. Date of Delivery D. Is delivery address'7ifferent from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. ice Type rCertified WHO ❑ Priority Mail ExpressTM / ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes .7013,1710 0001 0154 3659 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. A Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: i A: Slj nature If EF] Agent ddressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. =Type Lid Certified Mails 0 Priority Mail Express- ///+++ ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail- ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article;Number, l E , ; ; , � 7 013:, 1'71`0 0 0 01 015 4'. 3581 (transfer from service Abdly. PS Form 3811, July 2013 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: 2.. Article Number: ; • • 7 :(Transferfromserwcelabel, i € FS Form 3811, July 2013 A. Signatur ❑ Agent ; X _ 71 Addressee B. Fleceiv d (Printed N) to o Delivery D. Is delivery address di _ t from item 1? ❑ If YES, enter delivery da 'ssbelow: r 3. SoiceType M Certified Malls 0 Priority Mail Exprese 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 1,71`0 0001 0154 3567 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete is desired. A. Signature �N�° tv t item 4 if Restricted Delivery X ddr ■ Print your name and address on the reverse so that we can return the card to you. B. Received by (Printed Name) p0� gate pf„i�5 i eq■ i3 Attach this card to the back of the mailpiece, =_ or on the front if space permits. _ ❑ Yes D. Is delivery address different fro 'ie _ 1? _ 1. Article Addressed to: - If YES, enter delivery address b owv�P o ' Brick Cove Realty I PO Box 455 3. ice Type Southold; NY 11971 ertified Mali® 0 Prlority Mail Express"' egistered - 0 Retum Receipt for Merchandise r sured Mail ❑ Collect on Delivery i 4. Restricted Delivery? (Extra Fee) ❑Yes ' 0 0 01 015 4 3 8 9 5 I 2. Article Number1710 _ Ps Form 381.1, July 201 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 thatfwe can return the card to you. ■ Attache#his card to the back of the mailpiece, or on the front if space permits. ,1. Article Addressed to:. C' Possilico Construction Company A. Signature ❑ Agent ❑ Addressee 'i B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: 0 No j 346 Ma le Ave S is f As I p 1, ' 11590 `�` j • Cerj�f Mali® U. Priority Malt Express'" Westbury, NY _ _ p'Regl eyed ' 0 Retum Receipt for merchandise ( c3 Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) E3 Yes 2. Article Number , i ' :1 7,0'1ii3i 1`710 000110154, 3'6 7 31 �(} (Transferfromse�rvicei/ab°eq( i;'6 I 'I 1 PS Form 3811, July 2013 Domestic Return Receipt Q XTION lit Complete items"}`, 2, and 3. Also complete, item 4 if,Restricfed 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, nr�nn tha front if-soace permits. - :'• 1. Article Addressed to: �O RR 2. Article Num j 1 1; j lL.,7D (Transfer from service IabeO, PS Form'3811'','July 2013 7 B. Received D, Is delive faddregs differdnl ter .If YES, e deliver ❑ Agent, I ❑ Addressee i C. Date of Delivery i item 1? ❑ Yes dow*- 0• No t�3 l i� 3. Service Typ ` Q� Certified Mal 6E] OYA ❑ Registered ❑ Insured Mail, ❑ Collect on 4. Restricted Delivery? (Extra Fee) 0001110154' 3574 i 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: % presr f eipt for Merchandise Delivery ❑ Yes •i A. Signature X1 P13Agent v ❑ Addressee B. Received 6§ (Printed Name) C. ��tt r ;f ra ✓a_� 5 0'i- C� D. Is delivery address different from item 1? 0 Yes If, YES, enter delivery address below: ❑ No Corrazzini Brothers PO Box 1281 3. Be. ice Type Cutchogue, IVY 11935 Igcartified Mall® ❑ Priority Mail ExpresgTM ❑ Registered 13 Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article NumberD001 0154 3796 (Transfer froin service label) if i PS Form 3811, July 2013 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: r' A. Signature qq ❑ Agent ❑Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No fJames Posacc, 346 Maple Ave u r 3. SeKice Type Westbury, NY 11590 `' % p� Certified Mall® 0 Priority Mail Express" ❑ Registered ❑ Return Recelpt for Merchandise . �- ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2.;Article Number;il,;; 1 1 7013 1010 0001 0154 3789 (Tra'nsfe'r froiri"serkii labeq PS Form 3811, July 2013 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. I ■ Print your name and address on the reverse 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. 1. Article Addressed to: Breezy Shores Community Inc PO Boy, 925 Mattituck, NY 11952 A. Signature X "Zf—_❑ Agent • ❑ Addre B. Received by (Printed Nam C. Dave of heli D. Is delivery address different from item 1? ' ❑ WE If YES, enter delivery address below: Cl No 3. givice Type f Certified Mail® ❑ Priority Mail Expresse' 13 Registered 1i Return Receipt for Merchandise i 14. Restricted Delivery? (Extra Fee) ❑ Yes 2: Article Nu'mbe,'r ` 1 ii;i it ;li 17013 '1714 0.001'101541 391.8 (Transfer from service /abed PS Form 3811, July 2013 Domestic Return Receipt ETE THIS SECTION 'SENDER: COMPLETE THIS SECTION FCTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete A/S:i�gn E3Agent X ❑ Addressee . 7�Ry item 4 if Restricted Delivery is desired. C. Date of Delivery n ❑ Agent p Print your name and address on the reverse - ❑ Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece,✓/� If YES, enter delivery, addref s below, ❑ N - (P)' ed Name) C. Date of Delivery or on the front if space permits. „< , 3. Se ice Type03 i 1. Article Addressed to: D. Is delivery addr s different from item 1?es Certified Mail® ❑ Priority Mail Express' ❑ Registered ❑ Return Receipt for Merchandise 1 Iry71 If YES, enter delivery address below: No / 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 :17.10 (transfer from service label) : 1 0001 015 4 3 611 PS Form 3811, Juiy 2013 Domestic Return Receipt - Town of Southold 53095 Rte 25 -3. Sqwice Type Southold, NY 11971 I 19 Certified Mail® ❑ Priority Mail Express" l % 0 Registered E3 Retum Receipt for Merchandise / ❑ Insured*Mail ❑ Collect on Delivery 4. Restricted Delivery? Fee) ( (Extra ❑ Yes 2. Article Number 7013:1710 0001 0154 3772 (transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt 'SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse A/S:i�gn E3Agent X ❑ Addressee . 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. B. Received by (Printed Name) 4- bi� (OWS C. Date of Delivery n D. Is delivery address different from 't�i�n�1?t' `Yes q— If YES, enter delivery address ro ❑ No r I 1. Article Addressed to: Karol & Marzenna Filipkowski PO Box 356 - 3. See ice Type \ L� Cutchogue, NY 11935 L�f Certified Mail® ❑ Priority Mail Express`" j ❑ Registered ❑ Return Receipt for Merchandise ! — ❑ Insured Mail ❑ Collect on Delivery ' 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ;Article Number, ; ; i ; i ;7 013 1710; 0001 015 4 3901 j (transfer. fromm serli PS Form 3811, July 2013 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: A. ' 0 Agent r+ � ❑Addressee Received by (ri ted Na e) 7 1 C. Date of Delivery D. Is delivery address different IeU17"V Yes If YES, enter delivery ad ow: I cra_l, `i�Y l 8 2015 Q 3. SS 'Ice Type pre�/�, Ll Certified Mail® 11Priority�PYlail Exss"" ❑ Registered ❑ Return Receipt for Merchandise f / ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 1710 0001 015 4 3598 (Transfer from service labeo, t PS Form 381 1,July 2013 Domestic Return Receipt lie Complete items 1, 2, and 3. Also complete A. re 0 Agent item 4 if Restricted Delivery is desired. ySigf ■ Print your name and address on the reverse ddressee so that we can return the card to you. .Received tdy (P "ted Nam � �� 1 @ ate ~ Delivery ■ Attach this card to the back of the mailpiece, i f;-- en or on the front if space permits. D. Is delivery address differe lfrom ite ,1i? ❑ S 1. Article Addressed to: If YES, enter delivery, addref s below, ❑ N - „< 3. Se ice Type03 i i Certified Mail® ❑ Priority Mail Express' ❑ Registered ❑ Return Receipt for Merchandise 1 Iry71 El Insured Mail ❑ Collect on Delivery ; / 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 :17.10 (transfer from service label) : 1 0001 015 4 3 611 PS Form 3811, Juiy 2013 Domestic Return Receipt - I TOWN OF SOUTHOLD , ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of OaName of Applicants) - -- AFFID OF POSTING Regarding Posting of Sign upon RECEIVED Applicant's Land Identified as JUN 3 2015 SCTM Parcel #1000- 3 ZONING BOARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) Ll , New York, being duly sworn, depose and say that: M Official Poster, with the date oNearing and nature of my application noted thereon, securely upon my, property,_ located ten (10) feet or closer from the street or right-of- way (driveway entrance) fac — ing 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) da s prior to thehe date of the subject hearing date, which hearing date was shown to be — 17 Sworn to before me this 3 r A Day of SLA,r-Q , 201 � (Notary Public) (Signature) CONNIE D. BUNCH Notary Public, State -of Now York No. 01 OU61 SMO Qualified in Suffolk County 1 E I A AiA 0 CommisS on xp res p * near the entrance or driveway entrance of my property, as the area most visible to passerby. = 'lam _ — U.S. Postal ServiceTM M r%_ Ln -0 rn . "I RECEI U L E_ J (pomestic Mail only, .SUIT Postage $ $0.49 0944 Fee Certified Fe $3.30 U.S. -Postal Servi e a Postmark L Return Receipt Fee U.S.■�ervic_e_­rm___�� Here C3 (Endorsement Required) CERTIFIED MAII,.' Total Postage & Fee. ECEIPT C3 C3 Delivery Fee (Endorsement Required) $0.00 Postmark 17-1 C3 C31 (Domestic Mail Only; No Insurance $6-49 Coverage Provided) N CERTIFIED MAILT. RECEIPT 0 C3 r- (Domestic Mail Only; No Insurance Sent To Coverage Provided) For delivery information visit our website at www.usps.come Ir — -----•----------------------- --------------- N r-q ---- i�Eiif-A GN A L USS E -0 VM M ----- — — - — ------------ r- Sent To rn 1 71= '119C I AQ L U S F77 Ln Postage $ $0.49 0944 r -q C3$3.30-3 Certified Fee Ln r Postage $ $0.49 0%4 L.— 1�__ROR �Hr� M rq P s� Certified Fee $3.30 02 ------------ $2.� 7� Re Receipt Fee M (Endorsement Required) 165 151- 17-1 C3 Return Receipt Fee Postmark 0 C3 Restricted Delivery Fee C:3 (Endorsement Required) $2.70 Here (Endorsement Required) C3 Restricted Delivery Fee M (0 (Endorsement Required) $0.00 r-1 Total. Postage & Fees $ $6.4 05/18 1 bo C3 N r_9 Total Postage & Fees $ $6.49 05/16/2015 SentT Sen Sent To M rq Nti6H-A -- — -------- - ---------- - - ----- - ------ lyjybl � "I'l ... �­ M C3 or POB 0. rq ride, Apt.. No.; - --------------- ------------ - ------ ------------- City, State, ZIP+4 C3 orPOBoxNo. --- -------- - ----- - ---------------------------------^----.- PS Form 3800, August 2006 See Reverse for Instructions City, State, ZIP+4 PS Form 38.00, August 2006 See Reveme for Instructions = 'lam _ — U.S. Postal ServiceTM M r%_ Ln -0 rn . "I RECEI U L E_ J (pomestic Mail only, .SUIT Postage $ $0.49 0944 Fee Certified Fe $3.30 02 a Postmark L Return Receipt Fee $2.70 Here C3 (Endorsement Required) Postage $ sta Postage g. Total Postage & Fee. 05/16/2015 C3 C3 Delivery Fee (Endorsement Required) $0.00 Postmark 17-1 C3 C3 $ $6-49 05/16/2015 N Total Postage & Fees 0 C3 d Defive Fee - Restricted Delivery Fee t. Restricted st Sent To d) (Endorsement Required) End. ement Require rs -------- — --- M-- -------- ----------------- — -----•----------------------- --------------- N r-q ---- i�Eiif-A GN C3 or PO BOX NO.-------- ----- — ----- — ---- — — ----- — — - — ------------ r- Sent To = 'lam _ — U.S. Postal ServiceTM M r%_ CERTIFIED MAILT,, RECEI PT r-1 (pomestic Mail only, No insurance, coverage Provided) Certified Fee M1 M FFMgAL L U7 U C3 Restricted. Delivery Fee (Endorsement Required) $0.00 E3 Postage $ sta Postage g. Total Postage & Fee. 05/16/2015 C-3 Certified Fee Certified Ce a Postmark 17-1 C3 Return Receipt Fee R e Receipt t Fee turn - 1p - Here d) (Endorsement Required) (Endorsement Require 0 C3 d Defive Fee - Restricted Delivery Fee t. Restricted st d) (Endorsement Required) End. ement Require rs C3 N - Total Postage & Fees $ Sent To -- ---- ------^ --- — ---- -------- ----- - ----------------------------------- C3 ---- - ------------------------ ------------------- = :, M r%_ m .; G WITW" I'% L U S E Ln 1-9 Postage $ $0.49 0944 C3 Certified Fee $3.30 02 E3 Return Receipt Fee r3 (Endorsement Required) Postmark Here $2.70 C3 Restricted. Delivery Fee (Endorsement Required) $0.00 E3 $6 Total Postage & Fee. 05/16/2015 M .,I:nl 7 !;treefA�j 4 - ------------- C3 rPOBoxNo. r% - ----------------------'--- City, State, ZIP+4 C4 Q #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 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 - OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY .TUNE 4, 2015. 930 A.M. - WILLIAM A. PENNEY. M 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- (or's September 24,2014; amended Oc- tober 17, 2014 Notice of Disapproval based on an application for building permit to convert existing vehicle detail- ing, RV sales and service shop into gas station with convenience store and con- struct new pump islands, at; 1) proposed front canopy at less than the code re- 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 Countv Road 48 (aka North Road, corner Young's Avenue) South- old, NY, SCTM#1000-55-5-2.2 9:30 A.M. - WILLIAM A. PENNEY, iII and SUKRU .IL.GIN (CV)'#6839 0 — (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. SCT[vl#1000-55-5-2.2 10:00 A.M. - STEVEN and ANDREA KOLYER #6860 - Request for Variances under Article III Code Section 280-14 and the Building Inspector's March •9' 2015 Notice of Disapproval for a build- ing permit for a subdivision, at: Proposed Lot l — (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 BROOICS) - #6562 - 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 Principal Clerk day of 2015. CHRISTINA VOLINSKI NdfAPY PUBLIC -STATE OF NEW YORK NO, 0 ] V06105050 Qua( M)d In Suffolk County iVPy rEbTh"hils#loii Expires February 2#, 2016 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 1.030 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 sheets 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. (MFADOR) #6861- Re- quest for Variance under Article III Code Section 280-13A(4) and th* Building In- spectors 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 miiumum required setback of 100 feet from a major road, lo- cated at: 860 Old North Road Southold, NY. SCTIv14'r7.000-55-1-7 11:20 A.M. - KEVIN and PAULA FLAHERTY #6863 - Request for Vari- ance from Article XXII Section 280- 116B 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; i) less than the code required bulkhead setback of 75 feet, located at: 1250 .Lupton Point Road (adj, to Deep Hole Creek) Matti - tuck, NY. SC71vi#1000-115-11-12 11:40 A.M. - ADF VENTURES. UC. 46850 — (Adjourned from 5/2]/15 Sp. Mtg.) Request for Variances from Article XV, Sections 280-64BRC and 280-63 and the Building Inspector's .lune 9, 2014, re- newed February 23, 2015, amended Febru- ary 26, 201.5 Notice of Disapproval based on an application for building permit to construct a commercial building for an electrical contractor's yard, at; t) 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 l'or 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.Soutbo1d.uy.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 12264-1T 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.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-.addr-ess__f-or_a_neighb.or, yo.u_m-ay__w__ant-to send the notice to that address as T well. 'If any letter is returned to you undeliverable you are requested to make other attempts to - --obtain-a-mailing-add.ress-or--to -del iver._the_letter_to-the_cur-r_ent-.owner_ _to th-e_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 Encls. Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 7, 2015 http://southoldtown.norihfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TeL (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office. Town of Southold Town Hall Annex Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MAY 0 7 2015 Board Re: ZBA File Ref. No. #6862 Breezy Shores Comm. Inc. (Brooks, Martha Cottage #4) Dear. Mark: We have received an application for additions and alterations. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: �� BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider o��pF SO(/j�o � O �yMUNT`1,�� 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 May 21, 2015 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6862 Owner/Applicant : Breezy Shores Comm. Inc.(Brooks, Martha -Cottage #4) Action Requested: Additions and alterations to include raising a seasonal cottage. Within 5'00 feet of: O State or County Road (X) Waterway (Bay, Sound, or Estuary) O 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 Cha' person By: l . Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider June 19, 2015 Amy Martin 205 Bay Avenue Greenport, NY 11944 http://southoldtown.northfo.rk.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Anriex /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 #6862 — Breezy Shores (Brooks) Dear Ms. Martin: Transmitted for your records is a copy of the Board's June 18, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sfncerel , R44 icki Toth Encl. Cc: Building Dept. A?O 'A3 2.5A .. OF SOLRTH 1419 1? 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