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HomeMy WebLinkAbout6879 ese ,T 0 64JQ 1 &Q, ,lei e /0' (3 a,L 5 1Uassc u P-14 Rtt, etLitttAvic b E A-ccLf r imnoriel pool �F `16 S but 14) de. a. i f z o� fp cSFD o Pool t3 33`ib bu,11 , pool pa id Gocia-f , c►'1 61 e a, , 'fhs buy I- " decd-addtMi A4 /e sib 13- J1 c.6w+h�v s y 3/•`f /- 1 d�e�k bulkhead .E So 011( sec X8©1- /8,, fly c�CJ' 4— p� '/8/(. ;`1J11I&S, !t Ii� a� ,4 t° ,titc" 1 BOARD MEMBERS „ ,o'' Southold Town Hall Leslie Kanes Weisman,Chairperson �� i' V Wilt 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes 411 * ; Office Location: Gerard P.Goehringer ; Q i Town Annex/First Floor,Capital One Bank George Horning 41 �' �I� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'�COMM*;;�I Southold,NY 11971 ... :•"' http://southoldtown.northfork.net ZONING BOARD OF APPEALS REC WED TOWN OF SOUTHOLD . I ` ,/ I a a° Tel.(631)765-1809•Fax(631) 765-9064 OCT 6 2015 Cleett rka,Town Clerk MEETING OF OCTOBER 1, 2015 ZBA FILE: 6879 NAME OF APPLICANT: Thomas Giese and Paulette Garafalo SCTM#1000-104-13-4 PROPERTY LOCATION: 2195 Nassau Point Road(adj.to Hog Neck Bay), Cutchogue,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31,2015 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 August 20, 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However based on the conditions imposed herein and mitigation measures,the Zoning Board finds the proposed action CONSISTENT. PROPERTY FACTS/DESCRIPTION: Subject Parcel is a non-conforming 37,258 sq. ft. lot located in the R40 zone. Property is improved with a two story frame home with an accessory garage in the front yard area. It has 99.54 feet of frontage on Nassau Point Road, 378.81 feet along the northern property line, 99.99 feet on Hog Neck bay and 369.81 feet along the southern property line as shown on the survey dated May 6, 2015, last revised Sept. 9,2015 prepared by John T. Metzger,LLS. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B, Article III Section 280- 15 and Article XXIII Section 280-124 and the Building Inspector's June 24, 2015 amended July 23,2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and for "as built" deck addition to an existing single family dwelling, at; 1) "as built” deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in-ground swimming pool at less than the code required bulkhead setback of 75 feet, 4) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property. RELIEF REQUESTED: Applicant is requesting relief to construct an accessory in-ground swimming pool located partially in the side yard where code requires a rear yard location or front yard on water front properties and a Page 2 of 3—October 1,2015 ZBA#6879—Giese/Garafalo SCTM#1000-104-13-4 bulkhead setback of 33 feet where the code requires 75 feet. Additionally, the 'as built' deck addition is located at 8.2 feet from the side yard with a total combined side yard of 31.4 feet where the code requires 15 feet minimum and 35 feet total combined side yard, the 'as built' deck is located 52 feet from the bulkhead where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant, on September 18, 2015, submitted a survey showing the proposed pool reduced in size to 16'X32', which increased the side yard setback to 13 feet and increased the bulkhead setback to 36 feet and creating a proposed 5 foot non-turf buffer along the entire length of the bulkhead, thereby bringing the request into more conformity with the code and the LWRP. ADDITIONAL INFORMATION: At the hearing the board reviewed the possibility of placing the pool in the front yard. This of course would still place a portion of the pool in the side yard. Since the existing stone patio would be compromised by this change, the Board felt that reducing the size of the pool to 16 by 32 feet would be a better option. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 3,2015 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 as amended for the in-ground swimming pool it will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's agent submitted several variances in the neighborhood similar to this request. The in-ground swimming pool will not be visible from the street and the 'as built' deck addition has existed since 1977 with a CO; although it was built larger than permitted during reconstruction. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the applicant could locate the proposed in- ground swimming pool in a conforming front yard, it would still have to be partially in a non-conforming side yard and it would be out of character with the neighborhood. The 'as built' deck provides access to the home and is not visible from the street or the adjoining neighbor. 3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code for the in-ground swimming pool location and 52% relief for the bulkhead setback. However the relief as amended mitigates the substantiality. The variances for the 'as built' deck addition are mathematically substantial, representing 45% for the side yard setback and 31% for the bulkhead setback. However, the as built deck has existed in its current non-conforming location without adverse impact since 1977. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and provide a 5 foot non- turf buffer. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law $267-b. Grant of the relief as amended for the in-ground swimming pool and grant of the relief as applied for, for the 'as built' deck addition, is the minimum action necessary and adequate to enable the applicant Page 3 of 3—October 1,2015 ZBA#6879—Giese/Garafalo SCTM#1000-104-13-4 to enjoy the benefit of an in-ground swimming pool and 'as built' deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Horning, and duly carried,to DENY, the variances as applied for regarding the in-ground swimming pool, and GRANT the variance relief AS AMENDED, GRANT, the variances for the 'as built' deck addition as applied for, all as shown on the survey dated May 6, 2015, last revised Sept. 9,2015 prepared by John T.Metzger,LLS, subject to the following conditions; CONDITIONS: 1. The in-ground swimming shall be no larger than 16'X32' with a minimum side yard setback of 13 feet. 2. Applicant shall install and continuously maintain a five (5) foot non-turf buffer along the entire length of the bulkhead. 3. Pool mechanicals shall be placed in a sound deadening enclosure. 4. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Dantes, Goehringer, Schneider. This Resolution was duly adopted(5-0). Leslie Kanes Weisman, Chairperson Approved for filing /# /3'/2015 (0s77 PATRICIA C. MOORE RECEIVED Attorney at Law 51020 Main Road SEP 1 8 2015 Southold,New York 11971 Tel: (631) 765-4330 BOARD OF APPEALS Fax: (631) 765-4643 www.mooreattys.com email: pcmoore@mooreattys.com September 18, 2015 attn: Vicki Toth Zoning Board of Appeals Town of Southold PO Box 1179 Southold NY 11971 RE: GIESE/GARAFALO APPEAL#6879 Dear Chairman Weisman and Board: With reference to the above and pursuant to you request at the September hearing, enclosed please find 8 prints of the revised survey with the following revisions: 1. pool size reduced to 16'x 32' 2. keep an open side yard on south side of a minimum of 13' 3. add a 5'non-turf buffer 4. add a drywell for the pool 5. show the flood zone line Kindly make part of their file and place this matter for determination on the October 1st hearing. Thank you. Ve urs, atricia C. Moore PCM/bp ends. . N SURVEY OF PROPERTY 6. 1c1 AT NASSAU POINT RECEIVED TOWN OF SOUTHOLD SEP 1 0 2015 SUFFOLK COUNTY, NY ������� 1000-104-13-04 SCALE 11= 30' MAY 6, 2015 MAY 27, 2015 (REVISO►N) SEPT. 9, 20/5 (revisions) 1 \ oo a Ft 1. <0 Z N y1 \vim\,a �OT J g CI F bbPr��+ 2 %Cl\ m PI cil 4L-43- 5 N A°P UU-Y 8.x•2°"E % ii, e . air M �cHE N� o ,�, � , f, c),..., • ' .3" / A. 66'- .06111\ 71 co • 121 . A-k..04k- _%.*'.1 t, ,..; .Y filk IA" ›., yirstiE 4900 L!1 _ ,s Of' � * it Air rim\ 71 o th a * .G11R° STOW —_.;� 7) \ ' a �� N r- ) W FE. ,•N i ; o .�► PRN- Ex�oHr- i M c lipE T 4 ROP• / W ORYwELL P 0 0 RETAINING 0.25 1E V Z 1.0'f �O p001-Eoto• 4 FE Res a� WALL ; NNt 1.1 le ' 1 FINAL MAP 0 . 78' 2° w REVIEWED BY ZB s SEE DECISION # 62211.1_ , of RIC) LOT S ARE REFE7iENC D 70 DATED/0 0 f / . l --- F NE y; . N/ GF.RE 'MAP PROPOSED SUBDIVISION OF SECTION A° SNE M RAI,' �BER LQT 5 NASSAU'PINT Rue PRO ERTE$INC. i,�4.� -c. 6-- '\ q�R15 ARA .FFR CF TIE CLERK OF n COUNTY OF SUFFOLK ;® �,� V KENNETM % on 8/16/72 AS AAP NO. 156 ' 9 ;� ,ii::', . .. Ft.AVA ..' ' i - ' 441://: .;,• ,__ AREA= 37258 S. FT. 11 �, : . s �`, , ‘• -,` . —. LIC. Na 49618 o = PIPE ANY AL 7ERA DON OR ADDITION TO IRIS SURVEY IS A VIOLA n1N PECONIC SURVEYORS, P.C. •- u71UTY POLE OF SECnQN 72090F n£ PEW YORK STATE EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 • 2. MONUMENT MONUMENT EXCEPT AS PSECDON 7209—SUBDIVISION 2. All ACERnRCAn0Ns P.O. BOX 909 FLOOD ZONES FROM FIRM PISTON ARE VAUD FAR THIS MAP AND COPIES THEREOF ONLY IF 3610300164 H SAIDTHE IMPRESSED SF_AL CF THE SURVEYOR. T *HSIGNATURE�, � SOUTHOLO, N.Y. 11971 15 130 ,l# ... "01'11( ,,o''4 3 SOU,�- JOFFICE LOCATION: �,o' $ Ol -` MAILING ADDRESS: (�j J `'N Town Hall Annex �� '` ® ; P.O.Box 1179 54375 State Route 25 % Southold, NY 11971 \fes (cor.Main Rd. &Youngs Ave.) % cry Southold,NY 11971 `` A Telephone: 631 765-1938 A N\ `®lac®UNTY,� ite�� 00 LOCAL WATERFRONT REVITALIZATION PROGRAM ' TOWN OF SOUTHOLD (_ l RECEIVED MEMORANDUM AUG 21 7_0`5 To: Leslie Weisman, Chair ;CARD OF APPEALS Members of the Zoning Board of Appeals C.- From: Mark Terry, Principal Planner`, LWRP Coordinator 'Date: August 20, 2015 Re: Coastal Consistency Review for ZBA File Ref THOMAS GIESE and PAULETTE GARAFALO , #6879 SCTM#1000-104-13-4 THOMAS GIESE and PAULETTE GARAFALO #6879 - Request for Variances from Article) XII Section 280-116B, Article III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's June 24, 2015 amended July 23, 2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and for"as built" deck addition to an existing single family dwelling, at; 1) "as built" deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in-ground swimming pool at less than the code required bulkhead setback of 75 feet, 4) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property, located at: 2195 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY. SCTM#1000-104-13-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: 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." The "as built" deck additions to an existing single family dwelling were constructed without the • benefit of Zoning Board Appeals and Board of Trustee review. Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards."The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Portions of the property are located in the FEMA Flood Zone 0.2 Percent Annual Chance Flood Hazard (Figure 1). FEMA Flood Zone delineation lines are not included on the survey. The proposed pool should be shown relative to the flood zones. Structures located within flood zones have the potential to suffer loss and pose hazards to life and property during flood/storm events. The pool should be sited to avoid these areas. .rte T- �^ xi a, „" 4 -i u"t"A .v 14' '+' ! K ,.-,waddii., ,�,,.,..,••.., A'. w s •SutfolkCOUrity;NY °:t �'se.: %"41'. 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In the event that the action is approved: 1. Require a pool dewatering well. 2. Require a non-turf, vegetated buffer to reduce lawn immediately landward of the bulkhead. Native, salt tolerant plants should be used in the buffer. 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 r 0 S-7-9action. lV Cc: Stephen Kiely, Assistant Town Attorney R,,_;iO4 s```&0 1 4-63q• 0.)\C)( d- X11 COUNTY OF SUFFOLK pk-A7•\0� p/ m RECDivED 9 1!. r wril/ it,„_ AUG \y-(,4.\,\\\\ Steven Bellone ONING BOARD OF APp�ALS Z ) SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minierii isi Planning v on of P nning Deputy County Executive and Commissioner and Environment July 31, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal F le Number Fitzgerald, Walter 6878 ✓ Giese (Thomas) & Garafalo (Paulette) 6879 3/ Cacchiolo, Susan 6881 Sannino,Anthony 6882/ Very truly yours, Sarah Lansdale Director of Planning €%-'&:#4,1,---P'-) — Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th Fl ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIVE® TOWN OF SOUTHOLD JUL 2 3 2015 BUILDINGSOU HOLD,N.Y.DEPARTMENT 2pNING Di(-4eiRD OFgppFq LS NOTICE OF DISAPPROVAL DATE: June 24, 2015 TO: Patricia C.Moore,Esq. (Giese/Garafalo) AMENDED: July 23,2015 51020 Main Road Southold,NY 11971 Please take notice that your application dated June 16,2015 For permit to construct an accessory in-ground swimming pool and for the"as built"deck addition to the existing one-family dwelling Location of property: 2195 Nassau Point Road, Cutchogue County Tax Map No. 1000—Section 104 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 37,258 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-116B,which states; "All buildings located on lots upon which a bulkhead,concrete wall,riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75)feet from the bulkhead." The proposed accessory in-ground swimming pool notes a setback of 33 feet to the existing bulkhead. The proposed construction is not permitted pursuant to Article III, Section 280-15,which states; "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts,accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming pool is partially located in the side yard. In addition,the"as built" deck addition to the existing single family dwelling is not permitted pursuant to Article XXIII, Section 280-124, non-conforming lots,measuring 20,000 to 39,999 square feet in total size, require a minimum side yard setback of 15 feet and a combined side yard total of 35 feet,the"as built deck addition" is shown at 8.2 feet with total combined side yards of 31.4+/-feet; additionally,the"as built"deck is within±50' of the existing bulkhead. C(A? Authorizedn re Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. FORM NO.3 44- br) ? TOWN OF SOU( -TOLD BUILDING DEPARTMENT RECEIVED SOUTHOLD,N.Y. JUL 0 6 2015 NOTICE OF DISAPPROVAL DATE:June 23,• ARD OF APPEALS TO: Patricia C.Moore,Esq.(Giese/Garafalo) AMENDED:June 24,2015 51020 Main Road Southold,NY 11971 Please take notice that your application dated June 16,2015 For permit to construct an accessory in-ground swimming pool and for the"as built"deck addition to the existing_one-family dwelling Location of property:2195 Nassau Point Road,Cutchogue County Tax Map No. 1000—Section 104 Block 13 Lot 4 • Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 37,258 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-11613 which states: "All buildings located on lots upon which a bulkheadconcrete wall,riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy- five(75)feet from the bulkhead." The proposed accessory in-ground swimming pool notes a setback of 33 feet to the existing bulkhead. The proposed construction is not pemitted pursuant to Article III, Section 280-15, which states; "In the Agricultural-Conservation District and Low-Density Residential R-80 R-120,R-200 and R-400 Districts,accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming pool is partially located in the side yard. In addition,the"as built"deck addition to the existing single family dwelling is not permitted pursuant to Article XXIII,Section 280-124,non-conforming lots,measuring 20,000 to 39,999 square feet in total size., require a minimum side yard setback of 15 feet and a combined side yard total of 35 feet,the"as built deck addition"is shown at 8.2 feet with total combined side yards of 31.4+1-feet. Author attire Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:file, Z.B.A. • L /L # • Cti912.99L ' 00: 6656-tiZ-90 l vi vJJu,e LIJU wuy - fee:$ Filed By: Assignment No. 1 PM';� "Eb iq APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS JUL 6 2015 House No. 2195 Nassau Point Road,_Hamlet Cutchogue ZONING BOARD OF APPEALS SCTM 1000 Section 104_Block 13 Lot(s)4 Lot Size 37,258 sq.ft.Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 24,2015 BASED ON A MAP dated May 27,2015 prepared by Peconic Surveyors, PC land surveyor Applicant(s)/Owner(s): Thomas Giese&Paulette Garafalo Mailing 2195 Nassau Point Road,Cutchogue_c/o Pat Moore 765-4330_ Fax#: _765-4663 Email: pcmoore(a,moo reattvs.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X) Owner,or ( ) Other: _ Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email:pcmoore@mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED (Last dated)May 27,2015 and DENIED AN APPLICATION DATED JUNE 16,2015 FOR: Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑ Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) (1)Article XXIII Section 280-116 B setback to bulkhead 33 for proposed pool (3)Article III, Section 280-15 pool partially in side yard (3)Article XXIII, Section 280-124 "as built" deck setback to side yard Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal, X has not been made at any time with respect to this property UNDER,(Please be sure to research before completing this question or call our office for assistance.) W7/IJUL RECEIVEDName of Owner: Geise/Garafalo ZBA File# 6 2015 REASONS FOR APPEAL(additional sheets may be used with preparer's signature): ZONING BOARD OF APPEALS AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed pool is located as far from the bulkhead as is practical. The house is pre-existing (see Pre-CO dated May 21, 1997) and is on an angle which places the pool on an angle. While the closest point of the pool is 33',the distance of the proposed pool increases an additional 20' to the bulkhead. The property is flat and stable. There is no evidence of erosion or flooding. The neighbor to the south also has a pool in their side yard. Since there is no record of a variance for the neighbor's pool in the side yard and it's location close to the bulkhead,it was constructed prior to the code setback from bulkhead. An existing deck on the north side of the property was originally constructed in 1977 (CO #Z7945). The building permit application shows a 14' deck extending toward the property line with a 9'depth toward the water. The current survey shows the same 14'length to the property line but a 14' length toward the water. The setback to the property line has not changed, is preexisting and nonconforming. The owners did not change the size of the deck, in 1977 a 5' setback was permitted. The owners repaired the deck over the years,they did not change the original structure or size, they merely added stairs to the deck. Since the dimensions on the permit do not match the existing deck, the building department recommended a variance for as built deck. (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: A swimming pool is desirable on the waterfront side of the house, in their rear yard. A pool in the front yard is undesirable. The location of the pool is as landward as practical and in a location where an existing patio is presently located. The as built deck was constructed in 1977 at the existing side yard setback. If the deck was modified at some date after 1977, the modification from 9' to 14' (5' difference) is located 50' from the bulkhead. (3) The amount of relief requested is not substantial because: While the relief requested is substantial,the pool is proposed in an area previously covered by a patio. The as built deck was constructed at the existing setback from the property line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has no bluff. The bulkhead separates the waterfront from the upland. The pool, rear yard and bulkhead are at approximately the same elevation. Unlike other parcels in Nassau Point with steep banks,the bulkhead performs the same function as a retaining wall. This bulkhead merely provides retention of the upland yard. The setback to the MHW is 63', which is considered a reasonable setback under the wetland ordinance. The owner will provide for proper drainage for the pool and will provide a vegetative non-turf buffer landward of the bulkhead. (5) Has the alleged difficulty been self-created? (X )Yes, or ()No The proposed pool can not be constructed without a variance because the existing house was constructed at 52' from the bulkhead prior to zoning. Covenants and Restrictions concerning this land: No Yes (please furnish copy). Attached This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety, and welfare of the community. Check this box() IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this da f c ,20 RECEIVED4//g JUL 6 2015 ZONING BOARD OF APPEALS BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 Qualified in Suffolk Coun Commission Expires July 18, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Grnsiey Date Prepared: RECEIVED I.For Demolition of Existing Building Areas Please describe areas being removed: 4/1A J U L 6 2015 ZONING BOARD OF APPEALS II. New Construction Areas(New Dwelling or New Additions/Exte�ions) Dimensions of first floor extension: &-V-9-(-- -4 x 7 a9dc 614 Dimensions of new second floor: N/A Dimensions of floor above second level: ,v/A Height(from finished ground to top of ridge): /1/`) Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Pre icf5. &wt.-164i tvai &eat /ea H /n /777 ,�es-iru e 79/A 1 Numbeiof Floors and Changes Alterations: a --(4as 1 cleat-725" X / dvv ch 1e Sethcc.14 W. Calculations of building areas and lot coverage(fro surveyor 6 ' • �� Existingsquare footage of buildings on our property: COY x' 5o f`�x "1 q g g Y P P rtY= �/ /lDa (�X ay'� a= '7a�� 98 Proposed increase of building coverage: Gf�sf �a�l 2 . Ceng9,- 73g5F Square footage of your lot: g 7j.2613 )c 190 Percentage of coverage of your lot by building area: "fed R.2'/7 S -- � ,Z) I V. Purpose of New.Construction: ,SLc/i/rl ,,ODD/ Qs ,69 U5t - 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): ..1/ u tea- G',Y ? / Uta .�_ /�n615� �,o �u� c-b /1/1)-7' cede f°i'Pft. Please submit seven(7)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. 7/2002;2/2005; 1/2007 i • 4z,,s2lLy QUESTIONNAIRE REC@I1iE® FOR FILING WITH YOUR ZBA APPLICATION JUL 2015 A. Is the subject premise fisted on the real estate market for sale? Yes No ZONING BOARD p gppEALS B. Are t 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? Yes 2.)Are those areas shown on the survey submitted with this application? �Qe$ 3.)Is the property bulk headed between the wetlands area and the upland building area? YeS 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? les rA, UiPlease confirm status of your inquiry or application with the Trustees: 447C ' 7 zr and if issued,please attach copies of permit with conditions and approved survey. .D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 449 E. Are there any patios,concrete bathers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Aro Please show ea of the structures on a diagram if any exist. Or state none on the above line.L' .4°tA'1) F. Do you hays.any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. G. Do you or any co-owner also own other land adjoining or close to this parcel? /09 If yes,please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel , 49 &!k€ tAJ� t and the proposed use • de, ' • 01 • • .(ex:existing single family,proposed:same with garage/pool or ofher) Authorized signature and Date • RECEIVE - JUL. : • 6 . 2015 aiy - " • - AGRICULTURAL DATA STATEMENT , •• . . • • ZONING BOARD.OF'APPEALS . .•ZONING.BOARD OFAPPEALS • - TOWN OF SOUTHOLD • • WHEN TO USE:THIS FORM: The form must be completed by the applicant for any'special use permit,site • " . plan approval, use variance,'or subdivision approval on property within an agricultural district OR within • . • • 500 feetof a farin operation located in agricultural district.All applications-requiring an agricultural data statement must be referred-to the Suffolk County Department of Planning in accordance with Sections 239- ' '" • m aiid 239-n•of the General Municipal.Law . . • . 1)Name'of Applicant: . Ozot-s - 6 e� ite - ..• •Address ofApplicant:. / S'• /�asSGfii..r. pri i "..,,,,ii,/,.. �v ��u.r • . 3)Name of Land•Owner(if other than applicant) :'• (/ • 4)Address-of Land O•vvner: ' • ."• • - . • • . " ` • ' • " .•• . .• • • •5)Description of Proposed Project: eac hr a/—•dec./L.• 'G rd '101,�(• 6) • Location of Properly(road and tax map number): •. /.619.0.-••=-/0-51•—/�• V • • :• ••• •• • : •' 7),Is the parcel within an agricultural district? LJ No ❑Yes'If yes,Agncultiural-DistrictNumber • ;. - • • - 8)Is this'parcel actively farmed? [9No.❑Yes • • • " ' . • 9) Name and..address-of any owners) of:land within the.agricultural district containing active .farm .'operation(s)'located 500 feet of the boundary of the proposed project (Information may be„available through . The-.Town Assessors.Office,Town ewHall location.(765-1937) or from any public computer at the Town Hall • • -- locations by viing the parcel numbers on the:Town of Southold Real Property Tax System: ” • . . • Name and Address. . • 1: • '2. • . . . • ' • (Please use backside of page if more than six property owners are identified.)_ • - • - . . - The lot numbers may be obtained,in advance,when requested from•"either the Office of the Piarining•Board at . -:•765-1938 or :- •"o-..;g Board of Appeals at 765-1809. . ` • • - ' • • • • . • ;- •. Signature of•Applicant • •Date . • - . . • Note: '. ' •1.The local board.will solicit comments.from the owners'of land identified above in order Co consider the effect of iheproposed action . • • on their farm operation.Solicitation wilt be made by supplying.a copy of this statement:. . . • • 2:Comments returned to the local board will be taken into considerationis part of the overall review of this application. . • 3.Copies of the completed Agricultural Data Statement•shall be-sent by applicant and/or the clerk of the board tb-the property.owners•: : . • •identified above.The cost for mailing shall be paid by the applicant at the time.the application is submitted for review.'Failure to pay at r • • such time means the application isnot complete and cannot be•acted upon by the board.- . • 1-14-09 61Z20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-PProject and Sponsor Information ( r At A Name of Action or Project: @S `j � de'C%�, 6C-i ; 7 9/ G rs ��'' �p_ ® Project Location(describe,and attach a location map):/9v' A/asf! See.“,Rvei/- � a2 DacI� l2CJy (rte ,e13 -(0?°1 Brief Description of Proposed Action. s M/ /� - / OSCd D®� a,,ta as , j i i / , j ' /L/� 6EIVED � � JUL 6 2015 ZONING BOARD OF APPEALS Name of Applicant or Sponsor: Telephone0, 765 S3 3 l, 6 .fl4S 69� `� -P e.�e evo0A�'o E-Mail/Ye//i ' o,, e Ala real /-r.�tI Address: ///_ /��// / S u deet �C City/PO: ®_ oStatP: a 7/�d3 I.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? / If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that (/ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ��a ✓ �S 3.a.Total acreage of the site of the proposed action? AT,e15 aeres—p b.Total acreage to be physically disturbed? it`v'.c 90' acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.76:9,5-g acres 4. Check all land uses thccur on,adjoining and near the proposed action. ❑Urban ErRural(non-agriculture) 0 Industrial 0 Commercial Residential(suburban) ❑Forest 0 Agriculture 0 Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES,. landscape? V 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologiek:ECEI1! 14/1, V/ JUL G 2015 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ZONING BOARD OF APPEALS 11.Will the proposed action connect to existing wastewater utilities? NO, YES If No,describe method for providing wastewater treaent: (4A) 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO /YES Places? �/{ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? �/ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Iddeptify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®'Shoreline 0 Forest 0 ricultural/grasslands 0 Early mid-successional ❑ Wetland 0 Urban O'Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO, YES by the State or Federal government as threatened or endangered? / 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO AYES If Yes, // j✓/ a.Will storm water discharges flow to adjacent properties? E'NO 0 YES b.Will storm water discharges be directed to established conveyance systems(runoff and st drains)? If Yes,briefly describe: r 0 NO❑'YES Pik Fir'004 c 44470'Mk Page 2 of 4 • • 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE r� Applicant/sponsor name: cCeQ ..7r,2Otie Date: < ^/--/ Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 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 aclVED 'JUL 6 2015 No,or Moderate /Jk 7 '/, g small to large J ZONIfdG BOARD:OF APPEALS impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page3of4 • o 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. &P'2 9 RECEIVED JUL 6 2015 ZONING 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 Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: GIESE,THOMAS,GARFALO,PAULETTE,AND MOORE,PATRICIA (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 %% /n other person or company name.) /,9� ti NATURE OF APPLICATION:(Check all that apply.) (( Tax Grievance Variance _X RECEIVED Special Exception �e If"Other", '' • JUL 6 2015 name the activity: Change of Zone ZONING BOARD OF APPEALS Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Descnbe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/pr describe the relationship 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 than 5%0 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 Ia corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this I day of J a Signature: r iese/ _ 64.../ 7.../. Pau alo • is C.Moore LON-DUB No Preferences - - - CHELSEA Meal Status N°seat Status BROOKE WILLIAMS i DUB-LON No Preferences - - I LON-DUB o Preferences - - - - - i JESSICA Me Status - N°seat Status LYNN GARAF'ALO DUB-LON No Prefe ces - - - - LON-DUB . , No Preferen ' . - - - - • • Please note that confirmation of sea ;,me and additional services requests are subject of availability on your flight. In some cases, request for seat and/ •r meals may tak= ore time.To check the status of. your requests or change your prefer- ces for seats and m:.Is, please consult your file in "Manage your reservations"on o website with your book • reference. • • - f This document establishes the creation •' your electronic ticket,it is not a ticket. ou can also call us at 1-800-99AF WEB (1-800-992-3932). pG - U 3 • • ti Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits including Town of Southold agencies,shall complete this CCAF for proposed actions that are ubject 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 determinatio n of consistency. *Except minor exempt actions including Building Permits and other ministefial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the qu stions 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 L 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 Jonsistent 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 iTt the following places: online at the Town of Southold's website (southoldtown.northfork.net),the oard of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. y� B. DESCRIPTION OF SITE D PROPOSED ACTION /�' ag gl RECEIVED SCTM# 1000-104-13-4 JUL 6 2015 AGENT: Patricia C.Moore ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning D pt. El Building Dept. ❑ Board of Trustees ❑ Zonin Board of Appeals X_ 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) El (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, lic:nse, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 1 Nature and extent of action: proposed pool at 33' from bulkhead on Hog Neck Bay and "as built" 14' x 14' (permit from 1977 shows 14' x 9') Location of action: 2195 Nassau Point Road, Cutchogue Site acreage: 37,258 sf Present land use: pre-existing dwelling Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: 4: 009.2 (a)Name of applicant: Thomas Giese and Paulette Garafalo RECEIVED (b)Mailing address: 2195 Nassau Point Road, Cutchogue JUL 6 2015 (c) Telephone number: (c/o at ) 631-765-4330 ZONING BOARD OF APPEALS (d) Application number, if y: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If 3es, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No 0 Not Applicable 0 Discussion(if appropriate): accessory structures to single family dwellings enhance community character and property. Policy 2. Protect and presery historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria Yes 0 No 0 Not Applicable 0 Discussion (if appropriate): preexisting dwelling with proposed pool, deck dimensions to be approved "as built" Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quali and protect scenic resources throughout the Town of Southold-See LWRP Section III-P licies Pages 6 through 7for evaluation criteria Yes ❑ No 0 Not Applicable 0 Discussion(if appropriate):, proposed pool is landward of shore. Bulkhead functions as retaining wall to maintain grade of upland. Property is flat and grade to shore is even (no banks or bluffs) 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 X No 0 Not Applicable 0 Discussion (if appropriate): swimming pool is in ground, a detached accessory structure. No affect to flooding or erosion to existing dwelling. Deck is open and accessory to the dwelling. 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 RECEIVED .....47-02.2 9 Yes 0 No 0 Not Applicable X JUL 6 2015 Discussion(if appropriate): ZONING BOARD OF APPEALS Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish nd Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for e aluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate): _ . 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 0 No 0 Not Applicable X Discussion (if appropriate): _ 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. Town of Southold LWRP Consistency Assessment Form 3 Yes 0 No 0 Not Applicable X Discussion (if appropriate): PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of coastal waters,public lands, and public resources of the 74own of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate): 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 0 No 0 Not Applicable X Discussion (if appropriate): _ 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 0 No 0 Not Applicable X Discussion (if appropriate): Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies;Pages 62 through 65 for evaluation criteria. Yes 0 No 0 Not Applicable X Discussion (if appropriate): Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria.bn Yes 0 No 0 Not Applicable X 1 �� `� RECEIVED Discussion (if appropriate): _ *copy of Town form created on 2/11/06 JUL 6 2015 ZONING BOARDOF APPEAL Town of Southold LWRP Consistency Assessment Form 4 Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) We, Thomas Giese and Paulettte Garafalo residing at 165 E 721''D Street,New York NY 10021 do hereby authorize my attorney, Patricia C. Moore, to act as our agent and apply for variance(s) on my b- ,om the Southold Zoning Board of Appeals / Th... &.F. ,? omas Giese 11)1A /11/ / • RECEIVED C,= JUL ; 2015 Paulette Garafalo ZONING BOARD OF APPEALS Y /11-22-iiitijrnt) 6 b/i ,-____ - - ___'- -_--_'--________-__ __ -- '_'--- _ --- -_-_' _-_-'_ . / . � 8muandv�h1haYourRaaomebonuue��n ' | � Payment -~- ' -'' - . - ---. '- --- - '- ' ' ' ___ - — �' -' ' Fare excluding taxes/ 159.00 USD ' Taxes and surcharges : ' '8S8.23 USD -. ' Issuing fee: 0.00 USD .: . ' Total o` ount paid online : 509.22 USE) . . You have paid this a- ount via AMEX card . . |..___ � _ _ � . .` _. . _ __ __ Passe n _______ _ ______ -' ___'_.. _'- - - PAULGTTEGARAPALO ' . ' . Ticket "an •' -- - Loyalty cari•number F��nBlue 4OiV5283M� • . CHELSEA ` ' Ticket numbe`05723862751UU ' '� ` ' Loyalty card nu, bar Blue 40105293 3 - . JESSICA LYNN GARAFA,L0 ' ' .. . | Ticket number;05 366275101 . | / Loyalty card nvmbe :Flying Blue 40iO5 9313 . . � '- - --_ - - � . - . / � Fare conditions � ------'---'-- - ,------ --'----'- -- - \ -- - | � ' ' hwfmmi�on|yvaUd |ydhodnkot�aua'dhm '`annguenU�|mrdoroftho�hQht � ' ' crcoupons. . ^ '' . . .' � Your O�ht: OmbUn^London ` • � � ' |ChanOea ' ' , �. i m�d��ou(�v���� ��,d� � inimum penalty fee of GUR0.�^ Refunds ' before departure of the outbounflight;Not a/hodzed �' ' after departure of the outbounflight:No . thorized . . ` .• � ' ' i Your flight ` - ' . ' ' ^ | Changes . � � � ������mo����� '�m�dw�m��m�p^ a�h�zf E�7 l0°. 5. � �mrovnanueof�vnumvnnun� �uthnhzadv�Uhamin|mumpa`lUy�eofEUR7O.OD° � � Refunds • ' ' � � ` � . '! . ' ' � uv�wn*pw�umofmuuv�uunm om:Not mdhor�md '.' ' .� ' ^ after departure theou�uvv,�'Nht:Not authorized ' ` ` . . ' '� ``' . . , . . ' `. . . . ., ' � .' . - G3g ' r fare type allo yoi to change your frip Information on our mm°�b*at any '' . ' 1--1 • Umm^Tudod,hs, p"aa9yoiothe Manngo0Uy section. � . \ '' . �. it _ ' � ' '� ' '\ . . . � . � Identification doou/on� ' ' 'Youth fare:make sun-you ��mm�m|������vmm���y�rmp ' ' have . | � . . . .. . ' - ''.- _ ' . ' _ ____ - ' �. � .� �.. .�� li Xore0erences � r-'---'�---'- - ----�---'- .� | PAULETTE GARAFALOMeal Statuo . N,noat : . Status � ' DUB� .L�N No.Pna�m ` ncou - - . - . ' _ i 2 . rkspace Webm: x' SSaI s Copi150324. x v LEW.A.NDOWSKI SL x T n Southold, NV- Offs x ♦4'rnv:v.southoldtov,' x T✓' 2195 Nassau Poin: x )ogle.com cps/place/2195-Nassau+Point+Rd,+Cutchugue,+NY+11935/Cu41.U112256,-71.446486,i83m/data='.3m1!lea!4m2!3m1!isUx89e89Uc3b53f3U73:Ux314954df716df4-- rom IE ,_ Workspace We... Mattituck-Cutc... * www.southoldt... y Home::High P... b Bing Maps a WebCivil Supre... ti- FedExt Trackin... b Bing -r-- MY STUFF HPU U Office Supplies,... i - 1 1 lh' -n 1 iiiirr A 0 �,t. (' ,. ( 1 J' k'. 1 ry' 411( ‘ 2195'Nassau Point Rd - if- 1a - sses • 'ti;':‘-'r } .-7p� .:`4' ti•s.,,,. f y 9_,"- -•;11.;74‘'' t.R ?i , .1,', YGIESE/GARAFAI �cErvEa k , SCTM: 1000-104-13-4 :c- ,• 4qJUL 6 201' .t ;Nie ,die!' r a _s.'' f�li �.'• f ', 'n•""t% i a.,T ti' •7E"�" tj ter t•ts 4 y ,,q 3 c •• 3 Y ., �•W' ,z tr Roane d,Llh_- c,,2/83Nassau No.rrtFined,Cutch. c•,2010 Nassau PourtRoad,Cutch... 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' ?..•1 , ; lir 4 0, tO 7„,,, ._•ij s',74 A,, , i., m• " "1., N- , • RECEIVEr ,t,Li I._ ,'._ ;.1 `.•°,, ZONING BOARD OF APPEALS I I% - i _-- '• _ .1" • . . • ,, T .• 4" GIESE/GARAFALO ' SCTM: 1000-104-13-4 f. ..."- i '• f If ii •lias •• i ' 4, . ..i , . 0.01kielerk lilliii '1 *,-/ !. ' 71415 iAlf;silo - ' 44 "i, 114 - 4" '441# . •-jpe i j , _ a .. 4 40 -4 1411111111.-1° II!le it 11 e mil - It 114111P II 110 It wili . -Adajis. e I rik lik 4 n L, %.. ,r. 40,,elt _ GIESE/GARAFALO SCTM: 1000-104-13-4 il INC ill MP `16 t e x $1 I 1411 i 1* 4 1 r Illrigii.................4..._ ' if saNkr L i ....... r w arollellka- PVT 1i IV' r aR ;. ■ ;. i f a i . Twp irdill ":1;11$1111#:41"fil°11P' r 4r f# _ r t Jr j'; - IN 1 a. Y . f ,. ,. • gi ,,.. - lie -' W T le 4 byl)ai r 05, GIESE/GARAFALO k�IF ,,#t iii SCTM: 1000-104-13-4 - 07-411.021P—..07_. ` . M_ - .,ami l e • FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined A K� 19 6 CApplication No. C Approved , 19 Permit No. 3 d may-- Disapproved a/c /// RECEIVED /4{--- - JUL 6 2015 (Building In pector) ZONING BOARD OF APPEALS APPLICATION FOR BUILDING PERMIT Date A'Z'`I. 7/ , 19 e INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or fp removal or demolition, s herein described The applicant agrees to comply with all applicable laws, ordinances,cbuildl g code and r lotions i1 / adt-A.-.4' v. 0.14#d (Signature of applican r na a if a coj7••17.ti.n) d{jL,6,42/ (Address of a plica / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. 0., c& Name of owner of premises Vs'c Ik R&1D q A 644S e �c�Gc.2 4 If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) 1,44)r;b r"I't' A' ti+S4,r}c.I 1 1. Location of kind on which proposed work will be done Map No: i�.Ptf1'et-''.1n49` ,, lyre-• Lot No• 4 Street and Number feit+sa.i.LI "f 61.,c.it A4.3.3 ek" II)"•"i Municipality 2 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy "r " 1""'`y 1. y 7==.ix Y r `'t. b. Intended use and occupancy `` `` �` �^�`� `� "M`�Y 2°"" ` RECEIVED , -�' ' 3. Natlre of work (check which applie', ; New Building Addition `••'/ Alteration ' ' Repair Removal Demolition Other Work (Describe) . JUL 6 2015 4. Estimated Cost ?'O°°t Fee (to be paid on filing this application) NIIVG BOARD OF APPEALS 5. If dwelling, number of dwelling units Number of dwelling units on each floor / C4F� If gilrage, number of cars 6. If lusiness, commercial or mixed occupancy, specif' nature and extent of each type of use 7. Dimensions of listing structures,if any: Front 1 < Rear '. S.' Depth .3°f...., Height '2'0 Number of Stories r Dim nsions of same structure with alterations or additions: Front 'S Rear SS Depth ....3"1 Height V Number of Stories N4"'a.)A1Tt•a + S-co n.y 8. Dimlensions of entire new construction: Front z° + Rear L" Depth 3',' Hei�jht 1°+ Number of Stories I 1 Rear 1e. i 9. Sized of lot: Front ' ° ° Depth f'2'.' 10. Datg of Purchase Name of Former Owner • 11. Zone or use district in which premises are situated 12. Doe' proposed construction violate any zoning law, ordinance or regulation? 0° I 11«tkx�a J, (��a�caaF U,,.ztk ;tia AD. Name of Owner of premises Address to ct-r7 Phone No. l-t-8 79 Name of Architect Address Phone No. Nar ie of Contractor °1'}4"' Address Phone No. : PLOT DIAGRAM ' Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensipns from property lines. Give street and block number or description according to deed, and show street names and; indicate whether interior or corner lot. 1 /(e 2r N°r 4- 3 i . 2., v9 - F P 1, r 741;4 ' ; c' , ? k T • ���. a --_ __ 4. kor _( 3C,Q1.c I"_ < o / 4 -41 STATE OF; NEW YORK, t COUNTY OF .f.1fa1k JS.S. Su Richard J, B}t ',gg.,g.g being duly sworn, deposes and so, •.t' e is the a..licant (Name of individual signing application) above na I ed He is the 0:-.4.-1/4J—,.---.....,----,- . (Contractor, agent, corporate officer, etc.): of said owner or owners, and is duly authorized to perform or hove performed the said work and to make•and file this application; that all statements contained in this application are t e to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the applica filed therew' h: Sworn to before me this 64_4_ 80 dayjdoca of APri, 14..6.b. �(� 1 / Notary Pudic, 4J,lc County (Signetu e If o..licanf) 44!Ci..-r.,...S.11,f.f. N H.ROE - ' Notary public,State of New York i Residing In Suffolk County.. No.52.8641100 ' Term F.rtilrea Parch 30,10''' , r, FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED • JUL 2015 BUILDING PERMIT ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N9 3045 z • Date April 8 , 19...66 Permission is hereby granted to: • Ri iapd.• ggrat • 1.85•yet rill-St• •Getrderi. i• y to Build... ...a di for•..Q lostillg...dt,1d .a: Yig at premises located at l.ot.. '$..sBau.. rd ; : ..G ;..P.ep kliasau-P..oint...1 ad,, Cz t h guu pursuant to application dated April 7 , 19.66.., and approved by the Building Inspector Fee $...50.00 j�` A Building Inspector FORM NO. 4 e TOWN or SOUTHOLD (0'?/ BUILDING DEPARTMENT TOWN CLERIC'S OFFICE �C���� SOUTIIOLD, N. Y. JUL 6 2015 ZONING BOARDROE APPEALS CERTIFICATE OF OCCUPANCY No.Z .2646 Date January-y- 3 . , 1967. THIS CERTIFIES that the building located at ., amean.Soint.Road Street -Nfapno qb.Atir 1oPI Nbt . .=IOCLot No. . .... Cutellogue conforms substantially to the Application for Building Permit heretofore filed in this office dated April .7 , 1 i6. . pursuant to which Building Permit No.3 ,. ... . dated April 3 , 19. 6 6, was issued:and conforms to all of the require- ments .of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .addit.ion. .to. .one .family.dwelling The certificate is issued to . .Richard •N'.• Suir jgrat (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . 7.44),4.):-74,?. -,_/'.`• —64". -A-6 Building In ct�-- 1 /o/g 7� 7 ai, ,GH.,cei,t_ FORM NO. 1 (/%64GLP// /�I¢�(tv�t� ,r , �(drrd //�4A4.-1 TOWN OF SOUTHOLD 4 a^ BUILDING DEPARTMENT . �U � / �c� TOWN CLERK'S OFFICE , t Pit / �-e, a /� ,h, SOUTHOLD, N. Y. ,- Examined 6?—"Ar— 7 , 19 77 Application No. T 3 2— Z Approved C( , 192 2 Permit No. .- 2 P 1 g Disapproved a/c ..... , _ RECEIVED . 7r—. JULA r;w� 2015 (Building Inspecto zONIIVG gp<'ss; U ft OF APPEALS APPLICATION FOR BUILDING PERMIT i \D Date ` / , 19.�.,....Ul INSTRUCTIONS In a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or C areas,and giving a detailed description of layout of property must be drawn on the diag'ram which is port of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. -t d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. Z. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy' shall hove been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the jJ Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or 0 Regulations, for the construction of buildings,additions or alterations, or for removal or demolition, as herein described.''' The appiicont agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and toy/ admit authorized inspectors on premises and in buildings for necessary inspections. 17u. 9-5 (Signaf ap e oani, or name, if a corporation) tsj (Address of applicant) A State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. agents ister Name of owner of premises ,TPRXID.9..Feal If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No X � oD-- /0 `7 /3 / Plumber's License No. ...X. / Et1ectr;cian's License No. Z Noc,--, y V L! Other Trade's License No. X / 1 Location of land on which proposed work will be done. Map No.. ........c4.11X1tY " Lot No. _... .1.(. Street and Number ....100Q .. 101 r.13.o! Naa s au Point Np.dCu.... ..– (Po a_ ('�v.--17'G .._ Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a Exisiting use and occupancy ....propoaed 9X114 Redwood b. Intended use and occupancy deck J CSA' , ,,<A .S�,Qii 9 . 3. Nature of work (check which applicab'ie) New Building Addition nrrarution Repair Removal Demolitior Other Work porch Deck (Description) 4 Estimated Cost $400.00 Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor • If garage,number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use 7. Dimensions of existing structures,if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height 3' Number of'Stories 8. Dimensions of entire new construction: Front t Rear 141 Depth 9' Height Number of Stories 9. Size of lot: Front 100 Rear 100 Depth 3P.1111.3613 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated .........R.aidintial - '• 12. Does proposed construction violate any zoning law, ordinance or regulation: NO 1 13. Will lot be regraded As Is Will excess fill be removed from premises: ( ) Yes (x) No i14. Name of Owner of premises Address Phone No. Name of Architect None Address Phone No. Name of Contractor Non. 3�1f Address Phone No. 1 PLOT DIAGRAM ' Locate clearly and distinctly all buildings, whether existing or proposed, and indicate oil 9N-boons dimensions from property lines. Give-street and block number or description according to deed, and show street norms and indicate/ /o?0 RECEIVED •D } ‘‘C6J JUL 2015 5 ? 1 r' - - -ZONING BOARD OF APPEALS 1 f s I i 1 A. N . . \ , i9 I • \' t • ✓ \ i ). r STATE OF NEW •' --r -- N________-___ -- COUNTY OF����v * :...�/...IS .^ p-.� —. n being dul sworn, deposes ansays that he is the applicant (Na •• of in.? idual signing contract') - , above named. . • He is the (Contfoctor, agent, corporate officer, etc.). • of said owner or owners, and is duly authorized to perform or hove`performed the said work and to make and file • this application; that all statements contained in this application are'.trueq-to the best f his knowledge and belief; and thar the work will be performed in the manner set forth in the application filed therewith. Sworn to bef re me this ` day of , 19 Notary Public, oun ......... �.Ii � ty I (S`.'roture of applicant) 1 ,_ _ _. A• elq RECEIVED JUL 6 2015 ZONING BOARD OF APPEALS .-644Av:wls'arrG �r/raf+� d+ V•9420'p-/_ogv.•yaws_/"r'J'.atls-Aasd aca/0�0t.00tyel•,l veatMv�wnv iS%V /7/;/ ,i7.i ygyaN.�►1 Lr•»dp06Cd•4I•n2 Io ?y RYA'Veil'P-el 7771,4.444,rreivd' 30,99.:9 tg 064WGis-1 �W3.11a . ., 1 493: C g - Y .• 47, N •/LE 1.47~.9 ne .lyni7rplff,, U $ S if --\\..., '''sX k IP)1 44 t .4 bio 0 ?VI \ 41 k /a9G " � �x+a/ Baa 17 „Feela a .7,.OZ.98'PG ' o FORM NO. 4 6P69(P/9 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office RECEIVED Southold, N. Y. JUL 6 2015 ZONING BOARD OF APPEALS Certificate Of Occupancy No.Z7945 Date Oct 6 , 19. 77 THIS CERTIFIES that.the building, located at Nassau Point Rd Street Map No.Nass. Pt Block No. Lot No. 4 Cutchogue N.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated Aug 9 , 19.77. pursuant to which Building Permit No. . .9392Z' dated Aug 9 , 19.77., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is Private one family dwelling with (deck) addition The certificate is issued to Joanne Neal Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N•R• UNDERWRITERS CERTIFICATE No. N•R° HOUSE NUMBER 2195 Street . . rlAssau PQint .Road . . . PM" , . . Building Inspector _„ FORM NO.1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD,N.Y. 11971 c^�} TEL.: 765-1802 Examined . . hV. 1. .., 193 Received ,19. . . Approved ...%a .)3.., 19? Permit No./.4. --.9.3. Disapproved a/c y,'. diLt) 1.2"^ a-ick, (Building Inspector) APPLICATION FOR BUILDING PERMIT Date , 19... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. . c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance sof the Town of Southold, Suffolk County, New York,and other applicable Laws,Ordinances or Regulations, for the construction of buildings,additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws,ordinances, building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspection • I ZAje- (Signature of app scant,or name if a corporation) ' 11/141 -1 RA ar (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name of owner of premises .... � '`'`__ L • 1G (as on the tax roll or latest deed) ' If applicant is a corporation,signature of duly authorized officer. /yam CP97 Ct RECEIVED (Name and title of corporate officer) - Builder's License No. ..� r //1-- "1-- — JUL 2015 Plumber's License No. .„.._—_--' ZONING BOARD OF APPEALS Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done. - a/QSn R house Number pStreet Ha ilei / ' County Tax Map No. 1000 Section /° 1 Block 1 3 Lot `� (77.... t Subdivision. .1'. -t&. . � Filed Map No. i S-6 Lot 4 (Name) Pro q 2. State existing use and occupancy of premises and intended o�ancy of proposed construction: a. Existing use and occupancy -(2 +rL _il b.Intended use and occupancy .. . . .. . . 3. Nature of work(check which applicable): New Building Addition 7- Alteration Repair Removal Demolition Other Work O I (Description) 4. Estimated Cost /5.61:1. Fee �?�r � (to be paid on filing this application) 5. If dwelling,number of dwelhng ilnits Number of dwelling units on each floor If garage,number of cars 6. If business,commercial or mixed,occupancy,specify nature and extent of each type of use 7. Dimensions of existing structure4,if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions:Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front I Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated A �.Q,.4. _,- 12. Does proposed construction violate any zoning law,ordinance or regulation: 13. Will lot be regraded Will excess fill be removed from premises: Yes No I4. Name of Owner of premises Address Phone No. Name of Architect Address Phone No. Name of Contractor Address Phone No. PLOT DIAGRAM • Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines.Give street and block Number or description according to deed,and show street names and indicate whether interior or corner lot. • . RECEIVED JUL 8 2015 ZONING BOARD OF APPEALS STATE OF NEW Y•&, COUNTY OF... , , , ;S.S 9-T G " )"'c W 1St `1 being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. lie is the i (Contractor,agent,'corporate officer,etc.) I of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements con4ined in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me//this -�. ,‘e.5-z3 of �je+�i., , l Notal Public, 1 0\ ,/ / outaty Ii IA // .I lib / I WNW PUBLIC, State of New yNR No.52.8!25055, Suffolk esq, (Signature of applicant) • 1 Tenn Expires March 30,)i! FORM NO. t TOWN OF SOC � BUILDING DEPARTMENT /may TOWN HALL SOUTHOLD, N. Y. RECEIVED JUL 6 2015 BUILDING PERMIT ZONING BOARp OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N9 12593 Z Date ..%. 1-(itl-IGA-c, ) , , 1913 Permission is hereby granted t • 1)-- ,. 10 la f.11.14 CIOE:sW , N,),I..,...1.1.9.3tast Q i.6A%:zav i't. at premises located at .2 (/�J ��� .Y. � P �.. ;Yr /Y m-R-r.,••• County Tax Map No. 1000 Section ....1...0 4 Block I Lot No. a ' -aVpursuant to application dated -,?.si.,?.....l. , 192.x., and approved by the Building Inspector. Fee $ g , \(.A-- iii9 .1 61-4-64-- Building Inspector Rev. 6/30/80 i , _ ,_ _. a Lis ._ . _ . . Cliz:73 CI ® Q 0 \i; i. ; q,D C2I4 a 1-,:7 yf/ O N JO.E kii.) -AA£ cria',‘i. , . \' : V / - 'N-1L4n-zo . 42't' .x P '-o ./ • f- � 1 t --p1.1j i1� 1 1 Jul,. i -r1/4'1-'7- . . TIc-,77/14T "4',, --s --1-"wi b- , . ii' ,Mt , FORM NO.4 TOWN OF SOUTHOLD 4% (J;703'7 BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold,N.Y. JUL g 2015 ZoNI1vG gOARD Lit-APPEALS Certificate Of Occupancy Z11916 September 13 83 No. Date , 19 . . . THIS CERTIFIES that the building . Addit.i.oi7. Location of Property .2195 .]Tas.sau. P.Qix1.t. Rd. Cutchogue House No. Street Hamlet County Tax Map No. 1000 Section 104 Block 13 Lot 4 - - -- Subdivision Nassau pt. club Filed Map No. 156 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated Septembers 13 , 19 83 pursuant to which Building Permit No. 1�593Z dated September 13 19 83 ,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 Enclose existing porch with heat The certificate is issued to JOANNE NEAL (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO N/A Building Inspector Rev.1/81 c is _ >..; _ . .. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector ,y_69�/ Town Hall �(/ Southold, N.Y. RECEIVED UPDATED ZONING BOARD OP APJUL 2015 CERTIFICATE OF OCCUPANCY PEPL S No Z5995 Date MAY 21, 1997 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2195 NASSAU POINT ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 104 Block 13 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to all the requirements for one family dwelling and housing code built before April 23, 1957, pursuant to which certificate of occupancy No. 5995 dated July 10, 1974, as issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH DETACHED TWO CAR GARAGE The certificate is issued to RICHARD AND AGNES BERGGRAF (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVALPre-existing UNDERWRITERS CERTIFICATE NO.Pre-existing PLUMBERS CERTIFICATION DATEDPre-existing i 9;4 / Building Inepe. or Rev. 1/81 HOUSING CODE INSPECTION bell? July 10 , 1974 #2195 Nassau Point Road R-1 Cutchogue, N.Y. RECEIVED JUL 6 2015 Sub. Div. Nassau Point Club Prop. Inc. Map A Lot 4 ZONING HOARD OF APPEALS Tax Roll: Richard J. Burggraf & Wf Unoccupied Upon receipt of application for Pre-existing Certificate of Occupancy I made inspection of this partial two story framed dwelling and found the following violations of Chapter 52, Housing Code, Town of Southold. I let myself into the kitchen entrance with key provided by the Mil-Mat Realty office and began inspection at approxi- mately 10:55 A.M. The first floor consists of a kitchen, half bathroom, dining room, living room, screened porch on the east side, denbedroomand full bathroom accessible from bedroom and den. Heat is furnished to all rooms from forced warm air furnace in partial cellar. Outside entries to kitchen, dining room, and living room. No switch to control light in room on entry. Article V, Section 52-56 , B-2. Second Floor - Headroom seven foot - violates Building and Zoning Ordinance, Chapter 100 - Article I, Section 100-13. Floor area livable - four bedrooms, one full bathroom, storage room. Heat is supplied to all rooms except storage and northeast bedroom. Accessory Building- two car garage, locked, exterior in good condition. Yard Area - split rail fence on road side front yard. Post broken off and laying on ground, rails broken and are not assembled. Article VI, Section 52-61 B. Inspection completed at approxima - y 11:45 A.M. Res /ctfu su'•mitted, are Hi►derman� EH:mm Building Inspector U) --I Lir) R..- c -, .z> .... tui 0 •,.. 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A A/1.7-,ray_zoo,s•_yo iwolc2i , . .: ........,„: r),..,„:-..,,,,..^, .1.,,,,,.!,,C,44•0.2 ;-:,0 I'2_4 GO_P/—2.0 .ati' ;7./74 ! . . !ii.•,."Jdfs....t1.,...w .; ;yQ/ $ 1 % . - f . . . , 4 1 - I/ . . .. __4t7w...9_9•Leng D .:•:71g/vr.)12/ ii- p (.761,-H_we,/ , • , i \ \ 1 - . , .• , . , . ...4-1.2Y..7c/aela -.JO 41€7',41,/ t li I . % . li Ns ....,,i.. _ _ , ...,..„.....,,....,_ _7:::. /,... ..„4/ „04 ..........„..........._..2.1- .5vZ •S'' ki r.,).": I , I • -, / fl ,, 1 , i N. rl CI i 1z. 'f it ' . I I f-- - 1 4..., 1 C i 0 C., i''' • ...1, .*I. in .on, .. I 17• -•-/-r tr2.1 7"-- 1 : . l'r 1 •,.'";,,,....\.„ . 1 f e\ 1. :'..,I . ..4 i•,,,*..;../ . 1 .<1 1 ' 1 t' 1111T, ik)i As "kc,..:\,/ ,.•'--4 1-47 7 • id N6) ( 1 1 . i `,. ,I 1 44, ,., i • _ ..,- --z.,,.d G''' •••...‘k 0 ). 1 .il :rissA ,' '.- X 0 NI_..__*-..----- s . ., il• -,`,1 1 1 i i N I ;,,,,•,...1 :.?. ',6 1 ..'rz•-•gr-7" .• . 'N,J I i ,..5,••••• . P ,• , p.1.1 .r.t..4 /V A • 4 14 ‘, C •r. i 1 f I , . - 1 I i i . - I • I A ',. l' t. .........„,....... .. ..........................................,............,.......-..........,.................................. ..........., . . . .-. . ... , . .. .. . .. { .• , . , ! , „ 4 . _ -- • - 1,C) - 'N .(,) ' COD CA . ) 7 4,-. ,. .i ;,', ,,, ' io'.4F SoLs:Thli*EA frti-02NRTY ::'',.'ECORD R* ' /'-/TS ; ,Doo - ,,,,/...../3_ ty ,.., - . .... .OWNER STREET '2.7 - _ q.-5. VILLAGE DISTRICT SUB. LOT 7.1-.,..,---•-y , -eih .6 ,,,b.„-4 ) ,:1 rct:Po '. 4 f- A/6- iV,CI (--' AA", ://rdd ezi/c.A el a c,"e- Afocrdb 4/7, /, i t...-to a_ ti-,6 41 i 4, r FORMER OWNER N E • ACREAGE 1y ' 7 -;, - . : - —-, -. , . .. rg'q( U.)/nelheSstr:P ybt4 „ S W i A., TYPE OF 8 U I LDI NG - ,-.17it-';''1,-' ,/.;.-7. -- •'' '' -'I 1 R g D Zi; 13 u it/1-,ri N it:7'1,4.1,4F . SEAS., VL. FARM COMM. IND. CB. MISC. ........--....... - - _, c,, -__,• LAND leirl IMP. TOTAL DATE REMARKS Sst5 A)./ J41-r.-2 -1y Off661 1 --., IZti-i) 2, '1,t;;) n cl- 170 0 .,..i,,,:,:,„,,,,,,;(5,y,.-,-,..- -i\ . ,. : ._,.. . -1;1./•- < : r /WO& e.:,--;, ZW -Z;-..;':;:-Xte4,-.7.41.:!a.fwgiNA3.76L; , . -, • - , .',,,6<:;., ::;,Yr:,,:,'Azsi?,' '''.''',,,...' ,:,.';;;-, .`,,'` '' ',""".''‘'?':',:'- :,. ' I:"-i-", 1'2 Z'':.-,:,1-•v.:-4-;,,,,.7o-,.?2,'-:-.-'-'. 0 0 . 8..<n e) , coo Fc- il /212?Al— !7'/.;2:3/7 rt15',92.r6e:,?.,y,`,V66,,:;P:13:1,i-i-,fj'Ei'kk -' 4!Ail-1-; ;Zr:AY.:$1_ P .f..i,'0_ ,'•:t:','; / 3 ;c -.0 b y--,45,- I 1/2...!-2./(Sse. 2/9!):41::-'7..-.,'---:Ri:/42024*9 il'k '2, 73...iLD -7 ) a c KL-7(,,..'. 4.9/7/60 i____ 1...>„ ,e)_O /5 , 't) I) g 6 0 17r2,iva /3/f3 idi? / 293 &,')c-/;.se re-ora 71c.xt 42c .1/S",0-, t.,. . / • . k):: g e> 0 -,6*--Z 4 •O g;:e4 . 6',...1--6s6 1.0"' •\.. ,/%5-//6. 7 k3 s:- (,.,,,,, a',1 9'.5,-0 . 0 )).e._( -h a hah,d, - • ,_,....(63-1, inili :;/ ‘ f:J7 6 69F /7 / 00 7 iyy 1,17%Ng.,CON DR4.1)1, r., / qa: /9,77- L 11.85a.,oci8(3 - (I)(ncit) l-er;t-ttvt-. -10-Gif,5g_ At, 044.so , — '?&57oey; i r- - t t--1 , '.?..1.- . NEW NORMAL BELOW 1 JI- '- ' ABOVE _. - . AV-7Fr/ 0 ' Pee_,-1?3,-Ali- '';',.?4,),,,,,,,f eaz2;`:-if 6(,)/ics;-'-,.;-1t-•'8-i'.'4/4„:;.4::,;/;2": Farm Acre Value Per Acre Value t 51,7e, Lim6)105.6 „oar,.' -V96-- -: ..g7-_, itece- _ Tillable 1 , tillable 2 RECEIVED • -.: _ ,, ,.., , :tjllabler 3 '4 &?9 . , 6 JUL 21115 ‘. ., Voodland , . ZONING BOARD OF APPEALS 3,wampland 3rushlai-Ca" '' '-' : ,' ., r , Hou .2c)•%;'1?194..." " . ' ' .0... '5- " '3 '../. 0-. ' . ; . r•...., 6,,.....i,i , Fatal . • .; , i .. . _ 7 1:4-i:::::::';'„, , , -,=. , , .. ,-,::*. ': ' :'',. ,""-1.4.*'--.-,,...-.Si'.7,Tr--°7- ,•••' '. ,ta .... ,, ;--r •,,,,____,-(4-••:"- --; r 1 .-•.•-:--i•-•(--,r.,,,-,--, _ , , , „ , . ri)--•.•;••',-(.1,-PJ2--.., _ . ,../:x.."---:::,,,...--:...,-..i,v,,-,,-- ,.. ,..„ , ._•%....\2,‘ '''' '(--2...(0.-b LA..) tA-i'--raz,....... 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'-'-.- 7` • . 7'1.7.li..,,X,E.3*'3,11.4. ,•.:1.:N:4-7-,'-,- ' '' -",. '!.-'..1.;'-'4"-=-•,-- '-"" '..... , ILl T•'*•1-174.4i- 14-. ...74". 1:*ihifri . . -Z-4':f?%'*:3--;','''-7-7:7';;:-'.,. .% -''','..-.7:1•-:. `. " '''''''''-t':-:7"l''.. ' li "..1 i. .. '1/4".•`-/s7 ; ;A.....„:),7:1,11;4`...?-1'7'' !:,7.7 .',•.,- ,:::'< -,:,_. •••- ',,,,,-, .-* ..".1..,,,,,,I,...„,..,,,,,W,t, „ ...., ..., *".....--:,-7:::=,..--Am,,,-.; _ . , - -P.....„---,•,(.17,--,:. .:"..-•.'",.• --„ ' -• 4 ---" '""•(,..--i.',..-- „ •,'--- • - :. •• --'..•••'---,-,..,-...•;..„,....v.----,„,;.; •,--•• ,,- , -_,,„, . r,--,......,„,;,,„..,,-., ....v„ ,.,. .., - `.: -.`„,;:',;:;,--m4--:;...'„'^V < <•• /,,,. ., r f:,,,'''' / 4,' p ,.. %, -' •1.' .'••,,"•'-„,•--'/,,-;--;,.:.. ..,"•zr--,- „,. ,r : ..-0 4--- ---/- f j . _......._....==......._._. . 4 ' . , . _ J L— ' "' '4 iT.,•;4-...,, •-‘ 1,.' ..4, 4. , ' *iY' t<1''',.- '', ' +, ,,,''''.‘,t't :'4',..A '.4..li ,- 61-7 , . . .., )- . . . . , M. Bldg. /./ \( /9 ,-- ..-- --.- ) - . -az ,F andation , f.73/7 t.e° ......./." r.i. ....-- - ,---- ....- p to e (C . Bath Extension Basement .. Floors effitte_ ,, .. .f. Extension Ext. Walls ttielf'.414 Interior Finish Ar-,C,1, — . Extension . Fire Place Heat 7 4 i T7-- _.., r L.„1..4),5,(5._0/?-1 /-) o - c• E / , iq - 9 60 /--0 0 i Ci 1 11-5 C -... „, ' 'Porch MAI Attic w / ) 4 /7 - ,:,)0 V IIIMIll _ Porch Mil Rooms 1st Floor , Breezeway Patio Rooms 2nd Floor . " .. [ Garagev.) ...t- 7 /; .36c,;;, Drivew9y (el Y,L.:A4e,:).---- t-,C, ':"--. - . . /37 . . , -- " 7 . . „,, . . , . „„ 7 , -....--- ---'” ---. - . ,... r,,a•-, . I , 0 , „ . ELIZABETH A.NEVILLE,MMC ��� _ ? Town Hall,53095 Main Road TOWN CLERK ; P.O.Box 1179 „. ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS V r1,, Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER =- ���� Telephone(631) nny.gov . www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER >.,,,, �,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 15, 2015 RE: Zoning Appeal No. 6879 Transmitted herewith is Zoning Appeals No. 6879 for Thomas Giese & Paulette Garafalo- The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the . Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval to Patricia C. Moore for Giese/Garafalo Dated June 23 of 2015 Amended June 24 of 2015, Board of Zoning Appeals Application Authorization from Thomas Giese and Paulette Garafalo for Patricia C. Moore, 4 Pages of Photos,Application for Building Permit Dated April 7 of 1966, Building Permit for No. 3045 Z Dated April 8 of 1966 Permitted to Richard Burggraf, Certificate of Occupancy for No. Z 2646 Dated January 31 of 1967, Application for Building Permit Dated August 9 of 1977, Certificate of Occupancy for No. Z7945 Dated October 6 of 1977, Application for Building Permit Approved September 13 of 1983, Building Permit for No. 12593Z Dated September 13 of 1983, Certificate of Occupancy for No. Z11916 Dated September 13 of 1983, Certificate of Occupancy for No. Z5995 Dated May 21 of 1997, Housing Code Inspection Dated July 10 of 1974, Map of Property Surveyed for Richard J. &Agnes C. Burggraf, Town of Southold Property Record Card for Tax Map No. 1000-104.-13-4, Pool Plan Details, Survey of Property at Nassau Point for Tax Map No. 1000- 104.-13-4 Dated May 6 of 2015 Revised May 27 of 2015. r * * * RECEIPT * * * Date: 07/15/15 Receipt#: 190550 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6879 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#2029 $1,500.00 Giese,Thomas& Paulette Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Giese,Thomas & Paulette 165 East 72nd St Apt 20 J New York, NY 10021 Clerk ID: SABRINA Internal ID:6879 r b * * * RECEIPT * * * Date: 07/29/15 Receipt#: 191381 Quantity Transactions - Reference Subtotal 1 ZBA Application Fees 6879b $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#2044 $250.00 Giese,Thomas& Paulette Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Giese, Thomas &Paulette 165 East 72nd St Apt 20 J New York, NY 10021 Clerk ID: SABRINA Internal ID:6879b fri.p3/2, . _.,_ . . • / . F . I ' 3 Q7e'3620-E p. 14'0` In\,, sFof, e o 4 .gy.r lg..- eFIih. ? Facsa•uoL • a�+r . - • ,_, ._- ._w._- is 576O3K'2o iY F6vcraair/�y 411f. catu.ia..tide 37/' • / . s 5 -- `+•go tappet, i, a Ora 4.I E1�,9 yOO‘'o I ►r u! .6 s f i' '0rFoc P./v[eirE G,q.4990 lariYvlaAwyaz I tar..5.P.�Rsvoeo.0".01 Ys+5raa!(rvrc�ic+to. lcc. r Y, sod' 4�.rds.v72Fo7'o.77iy yQgE 4i Aroge®rmG•mto. ,k4 5teasvasrr 007saY.xr/•ve • lcfie riccn/ad-/3-ag./ R- A0bv; cv..wo , _ - , 1I^I1 I(1/A o) 1{\/� y GIESE/GARAFALO 2195 NASSAU POINT ROAD SCTM: 1000-104-13-4 4 1�� SCTM BOARD ACTION# DESCRIPTION 104-13-12 6240 (2009) Accessory garage 4451 (1997) "As built"deck with steps Near bulkhead c/a 2/25/97, 4449 Remain open to sky 104-13-8 6563 (2012) Additions/alterations 46.5 from bulkhead 280-116(b) 5/3/12 approved 5/17/12 (Robert Sullivan) 2486 (1978) Accessory building in front yard (Richard Wall) 5902 (2006) Additions/alterations 38.3 from bulkhead C 104-13-6 2473 (1978) 10'to existing garage in front yard 104-13-8 2486 (1978) Accessory building in front yard 104-13-2.4 2767 ( ) Attached garage w/non-conforming side yard 104-13-1 2899 ( ) Accessory building in front yard E oLZI 1,21101 6/ /L' 02 9/- /t) 455Av AOmx)/ 'e ed X406.06 �cp b6b3 a91/cx05 Adz- 77A0.5-MiDe25'd-77b 5E7-64 CL ' 6. 5 /2v49 /3044E-A) j • ii6, (6) PW 5/310, ) wv-ei J' -f/a. /UY Lec .f rr /6-h"z4 / 3 014 (di /1 i- /zi/18 ,a`te 3 CSS t3 * sr 9 a � eA -a--9- OG 6. BOARD MEMBERS • i,'" U _ Southold Town Hall �' * SOrif� 53095 Main Road•P.O.Box 1179 ' Leslie Kanes Weisman,Chairperson ,o � p +' h0 <0 ; Southold,NY 11971-0959 James Dinizio,Jr. * 4 Office Location: Gerard P.Goehringer Q 1; Town Annex/First Floor,Capital One Bank George Homing ,�. '��� 54375 Main Road(at Youngs Avenue) Ken Schneider _��C�� �`c.�,�'' Southold,NY 11971 + ► n 61 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECE VED Tel.(631)765-1809•Fax(631)765-9064 3 149 MA 2 4 FINDINGS,DELIBERATIONS AND DETERMINATION ' 4 . i,11 a , MEETING OF MAY 17,2012 • S.49 hold own k ZBA FILE: 6563 NAME OF APPLICANT:Robert Sullivan CTM 1000-104-13-8 PROPERTY LOCATION: 2715 Nassau Point Road(adj. to Hog Neck Bay),Cutchogue,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 April 17, 2012, 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 April 24, 2012 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. The relief,permit,or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 30,804 sq. ft. waterfront parcel in the R-40 Zone. It has 100.44 feet of frontage on Nassau Point Road, 305.15 ft. along the northerly lot line, 100 ft. along Hog Neck Bay and 311.69 feet on the southern,property line. The parcel is improved with a single family dwelling including an attached deck, a two story accessory garage, and an in-ground swimming pool, as shown on the revised site plan survey drawn by Mark Schwartz,Architect,dated February 27,2012,revised May 7,2012. BASIS OF APPLICATION: Request for a variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The Applicant requests a variance to construct a proposed 455 sq.ft.screened porch over a portion of an existing deck,with a bulkhead setback of 46.5 ft.for the porch,which is'less than the code required bulkhead setback of 75 feet. An existing 38.3 ft.bulkhead setback remains for rest of the deck. ADDITIONAL INFORMATION: The Applicant's house and deck were built in 1971, with the same 38.3 ft. bulkhead setback that is shown on the submitted site plan survey, and which was prior to the Code required 75 ft. bulkhead setback. In Appeal#5902 dated June 26,2006,the Applicant was granted variances for a 14 ft.single Page 2 of 3—May 17,2 11 ZBA File#6563- l Sullivann Tim' CTM: 1000-104-13-8 , side yard setback instead of the Code required 15 ft., and a 34 ft.combined side yard setback, instead of the Code required 35 ft. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 3,2012,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$267-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 house and deck were constructed in 1971, with a bulkhead setback of 38.3 ft. that will not be changed. The screened porch will have a bulkhead setback,of 46.5 ft. and will not be visible to the street or adjacent neighbors. 2. Town Law §267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. Almost the entire footprint of the single family dwelling built on this property in 1971 is at a nonconforming distance from the Code required 75 ft. bulkhead setback, so virtually any proposed new construction will need a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a 46.5 ft. bulkhead setback is mathematically substantial, representing 38%relief from the code. However,the existing house and deck have a 38.3 ft. bulkhead setback,established without any variance,before Code required a 75 ft.bulkhead setback. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will install sufficient roof drains and drywells to contain all storm water on site as required by Code. 5. Town Law§267-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. 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 screened porch, 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 variance as applied for, and shown on the site plan drawn by Mark Schwartz, Architect, dated February 27,2012,revised May 7,2012. 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 Page 3 of 3—May 17,2012 k(0. ZBA File#6563-Sullivan CTM:1000-104-13-8 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),Dinizio,Goehringer,Schneider,Horning. This Resolution was duly adopted(5-0). 1 Civil b2114;071—c Leslie Kanes Weisman, Chairperson Approved for filing 5/d 3/2012 /61/ /3 Pr *Ctr-,e1A"14-"‘ jrell 16-41'5"el /1/2.7/78 • l l0/5) •/4 I /Q3 i 7-7/;jrctAALAAA-4)6. -._._-._. . • 4- * sr-9 0 et.1-0244 .akt s ys a PA/ (,-4-2.- 06 CA 6 -a-9- oc, TOWN OF SOUTHOLD, NEW YORK DATE , 1978 ACTION OF THE ZONING BOARD OF APPEALS 5 Appeal No. 2486 Dated October 17, 1978 �`�,� ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD O`� J To Richard Wall Appellant 2715 Nassau Point Road Cutchogue, New York 11935 (William J. Jacobs, as Agent) at a meeting of the Zoning Board of Appeals on November 9, 1978 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance (X ) Permission to use an accessory building 1. SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section • Subsection paragraph .......... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:25 P.M. — Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent) , for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE APPROVED ONING BOARD OF APPEALS FORM ZB4 • 3 S' Willriair Chaff man B'•r' 0 'pea s 4/0 After investigation and inspection, the Board finds that the applicant wishes to construct an accessory building which will contain a two car garage and 2 bedrooms above the garage. On the east side of the building will be a room 20 feet by 25 feet. • The Board finds that strict application Of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Richard Wall, 2715 Nassau Point Road, Cutchogue, New York, be GRANTED permission to construct an accessory building in the front yard area as requested. Location of property: Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri; east by Little Peconic Bay; south by Bernard E. Goerler; west by Nassau Point Road, subject to the following: (1) The premises, to be created consisting of a garage and two guest rooms and a cathedral ceiling living room shall not be leased or provided with cooking facilities. Under no circumstances shall a dwelling unit be created out of the combination guest house and garage. (2) Building shall be 3-1/2 feet from the southerly lot line and 100 feet from the property line on Nassau Point Road. (3) Building shall not exceed 18 feet in height. (4) Suffolk County Planning Commission Approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Douglass and Tuthill. I+►ECEV uD AND FILED BY TH2 SOUL:IOLD TOI714 CLEM DATE.62�&/7& HOUR f...3M Al i 1 LZG L , F- Town Clerk, Town of Southold iov 3 cia.A.A626.?k, e,utot, a_A-e2,84 eliG6 6'vs 3 P16( 6, ,c=i eA 1 1 APPEALS BOARD MEMBERS ,,�'`��SQU ' Mailin Address: jtj1/4040/6\ ly Southold Town Hall Ruth D. Oliva,Chairwoman +' O tel �� 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer * it Southold,NY 11971-0959 James Dinizio,Jr. G Q ,+` Office Location: Michael A. Simon : �eit Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ' CDU /�``�'+' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 4, - I :�0� Tel.(631)765-1809•Fax(631)765-9064 AU 21 2006 ereja4ae24 FINDINGS,DELIBERATIONS AND DETERMINATION Sovtho d Town Cleri MEETING OF JUNE 29,2006 ZBA File#5902-ROBERT and JACKIE SULLIVAN Property Location: 2715 Nassau Point Road,Cutchogue CTM 104-13-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 30,824 sq. ft. parcel has 100.44 feet along Nassau Point Road in Cutchogue, and is improved with a two-story frame house, accessory building, shed and swimming pool,as shown on the site plan prepared by Mark K.Schwartz,A.I.A. dated 4/19/2006. BASIS OF APPLICATION: Section 100-242A(referring to ZBA Interpretation No. 5039 dated 1/24/02) and 100-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than 35 feet for both side yards combined. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22,2006,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The second-floor roof of the applicants' existing dwelling is proposed to be removed and reconstructed,and the first floor and basement will remain. Also proposed is an extension of the existing one-story porch on the north side of the dwelling with kitchen/breakfast nook proposed at a minimum of 14 feet from the northerly side property line. The total side yards are proposed at 34 feet. REASONS FOR BOARD ACTION_ On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Placement of the proposed new construction in the front and side yards will ',,\. Page 2—June 29,2006 ZB File No.5902—R.and J.Sullivan %/\O\ CTM No. 104-13-8 have no visual impact on adjacent properties and is in keeping with the style and scale of dwellings in the neighborhood. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The lot is only 100 feet wide and has existing side yard setbacks of 14' and 20' for a total of 34' instead of the code required 35'. 3. The variance granted herein is not substantial. Applicants are requesting a one foot variance for a side yard in order to maintain the existing 14' setback of the as-built heated porch and foundation, which will be enlarged as part of the living room of the house. All other proposed construction (a two story addition in the front yard, and a second floor renovation with new roof pitch to obtain code complaint ceiling heights) are conforming. 4.The alleged difficulty has not been self-created. The house was built prior to the code requirements for a 35 ft.total side yard, 15 ft.minimum and 20 ft.remaining side yard. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. All proposed construction is within existing setbacks to bulkhead and do not require variances. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged dwelling while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, subject to the following condition: That there shall be an open, unobstructed clearance along the existing southerly side yard of the house for a width of 20 feet. Any deviation from the variance given such as extensions; or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, and Weisman. Chairwoman OIiva was absent.) This Resolution was duly adopt -0). . 6). 6 94):...d., Ruth D.Oliva 8/1) ,/06 Approved for Filing SURVEY OP LOT 10 - - --- -----_ •- "Amended Map A, Nassau Point" N ' Filed August 16, I , Map No. 156 W E S1TUATEe NASSAU POINT TONNA SOUTHOLD SUFFOLK: C OUNZY, NY S . SURVEYED 10-11-02 SUFFOLK COUNTY TAX a �rS 1000-104-13-8 g / E10 =map 1V: x / ' r o \ ROBBRTO•SUlLIVAN Ro04 I-ot a /...-.......4., ' ___„=�1 I 1 L63 /1 cr 0> 05.15' *_"`■T — • „�, I 1 1 1 �p R- -3 5. ;- ' - 1 I I p oa" _ —,5�„ ',.oal� I r1 1 I Ooh _•if I .. g�6- ,' -ia- \- ��e`' - / 11110w ` 11{11{I{ ,'111 11 ate]1 �V tea.- :::, ' i�.a3 - �o+� - - ' 11Q -- "b--�---'• --t-- -�- Q •�{ 111 l 1` 110 1 % utt , \ . . r ri 1:..:•icio_n_o_a_o_a..........____________ yJ - / I- I o'°'°0^!”' 1, Ho�9t3 "a • ' 1 I 13/ a ! / I \\ 4 1 1 1 1 �' S] - I I/ �\ 'II, `of% \ • �` a ter• // ri 1I \\ '� 1 �. 0 \ I 1 \ \ t/ ,b I \ Q 1 ?a` e� 1E \ IV. I ': — — — -�a;'7 - - "`= � ;�; ����, 31 .69 NOTES: I _ -o+ s. of 11 • MONUMENT FOUND • r e" • R ••••• C16'213 1. O PIPE FOUND - - - .... 'O� 57$ /� • �� OF NEW Y .... .............. ELEVATIONS REFERENCE N6VD'2q I - ,^1 :'1 ~"�"=�M'".= FEMA FLOOD ZONES REFERENCE FIRM MAP • \ l_`� .; *) ��`�x`^�^ No.3610360164 6 MAY 4.MS _ �LANCJ / �~W ... AREA=30B_L4 or or ail acres, JOHN C. EHLERS LAND SURVEYOR GRAPHIC SCALE I". 30' 6 EAST MAIN STREET N.Y.S.LIC.NO.50202 i G _ _ RIVISRIIBAAD.N.Y.11901 —_ _ 369-8288 Fax 369-8287 REF.-11Hp savec\d1PROS102-293spro • 0 REVISIONS: 2EA W19(06 • • • 11 I 4 MAS 40 ° i of pp46pV' ? w ON*0 80 PRO N 78°36'20"E 305.15' I c k E°10 $R __ p,.1 _ _ _ _ _ _ _ _ _ 0111........... _ it\ 196.00 IIS\ \i ' '� '� � � �j /MIK ■ 3�$ • /III C� •//�NdAEtME i Q y 0 -� mARemnc. :. d jWIGARAGE• Ni . , �}I 0 rr r ce a - ` _ - - — _ - - �� S78°36'20"W311.693' - - L - — _ J WIMP 1000.101-13.0 j EXISTING nor COVERAGE:14 e% , PROPERTY:30831 SQ.FT _ \\ PROPOSED foll* pa..HOUSE:335:SQ.FT. pj t PROPOSED Roomon:lSssQ FT =p ti__ i SITE PLAN DECK 1. °°"a 506 SQ.FT. le g1 STY.GARAGE.1032 SQ FT ' SCALE: 1" = 30'-0' 511805 176SQ FT MM. MI/NS SUM I,XV • X!I• • 08119,]006 , 9[ETMM6ER A-1 • /ei 16v , "Phyl - /75 Asscii.t. "Porn+ C.1.4d1Oakft_ tqa.5- 6 p.4(0 2cce3.5ory jara.2 e_. Sec-,2 Et-/56c) 921-K-0 Eioy 1.0 /&A. . I ioze 3/767 4M4o4g, _ ,,v2 . .. 445- - -•--- - v • . •_._ • _ .1/ c_a4r.ek. S g4-14k- 42,-2W14-1;-.6. • . _ - • - • _ APPEALS BOARD MEMBERS P. 1ti � COG; Southold lbwn Hall Gerard Goehringer,Chairman J. 53095 Main Road �c r4 P.O.Box 1179 Serge Doyen y James Dinizio,Jr. p 47$ Southold,New York 11971 Robert A.Villa ;'*4 10`,�� Fax(516)765-1823 Lydia A.Tortora el **,,, o Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD \()%1\°\ FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF FEB. 25, 1997 Appl. No. 4451 - MARIAN JEAN PRAUS; PARCEL 1000-104-13-12 PROPERTY ADDRESS: 3175 Nassau Point Road, Cutchogue, NY DATE OF PUBLIC HEARING: 2/6/97 FINDINGS (PROPERTY FACTS): DESCRIPTION: Property is located in an R-40 Residential District. The lot is situated on the easterly side of Nassau Point Road with road frontage of 99.94 feet, and frontage along Little Peconic Bay. It contains an acreage of .95 acre and is improved with a one-story frame dwelling, accessory garage, and timber landing with steps (ref: survey dated Nov. 15, 1996) . BASIS OF APPEAL: Building Inspector's December 6, 1996 Notice of Disapproval, which reads as follows: "under Article XXIII, Section 100-239.4B, all buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 ft. from the bulkhead." RELIEF REQUESTED BY APPLICANT: For approval of "as built" accessory deck with stairs (for access over timber bulkhead) in its present location shown on the November 15, 1996 survey, situate adjacent to the ordinary high water mark. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Deck construction is a replacement of a former structure destroyed by a storm of the same or similar dimensions. Grant of variance will not produce undesirable change in character of neighborhood which consists of many similar-sized lots. Benefit cannot be achieved without a variance because beach is WA-() approximately 4 to 5 ft. below level of the lot proper. 3/co 1'ti The use is for access and the location, as exists, is not unreasonable. No adverse effect will result from the structure, which has existed. RESOLUTION/ACTION: On motion by Member Dinzio, seconded by Member Villa, it was Page 2 - Appl. No. 44fJ Decision Rendered Feb. 25, 1997 Property of Marion Praus i � J �j � � d�( 'p RESOLVED, to GRANT the relief requested under Appl. #4449 (Praus) with the FOLLOWING CONDITION: The structure must remain open to the sky, as exists. AYES: Members Goehringer, Dinizio, Villa and Tortora (4-0). Absent was: Member Doyen (Fishers Island). Approved for Filirf�g GERARD P. GOEH.RINGE , CHAIRMAN Actions.ZB/10413.12 r,7:n_.... 7i.lc0 7;1"7 FD By al::: LC L... rr `'1X a.71�1:; 34 __' /97 - .:•,ni 3;4 Tower. C?-rk. Tr.-..,r, -•' ? -7777, • • gate. (ff /+- !FS - /3 31 is- /Porn+ � c1, GutchoTh,J( 1CiS- (0 21O QC(CS56) / ggr4y e. , cSec.018'6-15(c) ! (J d -o?� • bEepy r oin cr 2EA. .W/JJ 57o51 iii - -- . ,' .... _ -/4?:/.%_x/6/97_ . . --- • • - - • - • 04/016/.27 ------ --- -- - / I I / Office �''��O�SQUjy Mailing Address: Location: ,i � � - Town Annex/First Floor,North Fork Bank l*t t t 53095 Main Road 54375 Main Road(at Youngs Avenue) �n P.O.Box 1179 Southold,NY 11971 \ �l� _ ••%,����1 Southold,NY 11971-0959 �. 0 ' 5D = C UNV, http://southoldtown.northfork.net ) L° BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED 4 Tel.(631)765-1809 Fax(631)765-9064 f pp FINDINGS, DELIBERATIONS AND DETERMINAT[di 1 •1 2009 MEETING OF MARCH 5, 200, / . , Q South d Tovinia ZBA#6240 —Phyllis Kaufer Location of Property: 3175 Nassau Point Road, Cutchogue CTM 104-13-12 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 December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS: The property is approximately 100 feet width with frontage along Nassau Point Road, and approximately 412 feet deep to rear lot line adjacent to Little Peconic Bay. The property is improved with a single-family, one-story frame house and detached one-story garage, as shown on the November 15, 1996 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: This application is based on the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code limitation of 750 square feet under Section 280-15C, as proposed with 1,440 square feet. Findings of Fact The Zoning Board of Appeals held a public hearing on this application on February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the 1 t } Page 2—March 5,200f ZBA#6240-Phyllis Kaufer 0/�� CTM 104-13-12 "JI property, and other evidence, the Zoning Board finds the following facts to be true and relevant: • Area Relief Requested: Proposed construction of detached 24' x 60' garage, totaling 1,440 square feet, instead of the maximum code-permitted size of 750 square feet. The height of the building will be as per code. Amended Relief: During. the February 19, 2009 hearing, the applicant indicated that if the application is not granted as applied, an alternative 1,104 square foot for a 23' by 48' garage building would be accepted (with height per code) in the same location with a minimum 15' side yard setback, as shown on Ronald Pascal Constantine, R.A. Map A date-stamped by ZBA March 3, 2009, showing the owner's hand-drawn changes for same. Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). The grant of the variance as originally requested would produce an undesirable change in the character of the neighborhood. Improved properties in the immediate area can be affected by the size of the proposed detached garage, although the applicant's property is unique as to topography of the lot creating a limited building area. The property consists of a limited building area, based on the large kettle hole (depression) to the south of the driveway leading from Nassau Point Road to the area of the proposed site of construction. As discussed at the hearing, the only structures of similar size in the area were built prior to zoning code requirements (pre 1957). During the hearing, the applicant agreed to accept an alternative plan for a four-car 23 ft. by 48 ft., 1,104 square'foot garage if the application were not approved as applied. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant can be achieved by some other method for the applicant to pursue. The applicant could build two separate buildings with 750 square feet each. Since he has an existing garage, he would rather build one new four-car garage, creating two accessory structures on this parcel instead of three or more. 3. Town Law §267-b(3)(b)(3)(3). The amount of relief as requested is substantial; with a 67% increase in square footage. The alternative relief granted is also substantial, being a 47% increase in size of the code required square footage on this+1- 43,000 square foot lot. 2 i { ) Page 3—March b,2004'1----- ZBA#6240-Phyllis Kaufer �1 • CTM 104-13-12 u 1, 4. Town Law §267-b(3)(b)(3)(5). The difficulty is self-created, as the applicant wishes to build a garage larger than the code allows. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. This determination is based upon the limited building area caused by the unique topography of this lot. 6. Town Law §267-b. Grant of alternative relief.is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Chairman Goehringer, seconded by. Member Oliva, and duly carried, to DENY the original plan, and to GRANT.Alternative Relief for a maximum 23 ft. by 48 ft. garage building (without the need to reapply with new plans), subject to the following Conditions: 1) Maximum height of structure as per code (indicated at 22 feet), 2) Structure shall contain only the utility of electricity, 3) Structure shall be utilized only for storage purposes. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features 3 • _I Page 4 March 5,2001 ZBA#6240-Phyllis Kaufer � CTM 104-13-12 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: ►' •mbers Go• � 'nger ( . irman), Oliva, Simon, and Weisman. (Member'Schneider - •st ined.) ' 1olution was duly adopted (4-0). - G fj? .ARD P. GOEHRINGER, CHAIRMAN 3/9/2009 pproved as Applied • 4 -` fa ' -Pe-rcif A(1_2 Sp.o-77: e V /te//2.5 cg/M. ^� �/�x� /4-4._&)^ =~s°~°'' ~~6 ' - - -- - 0 _______________ _____________'_'___ - '-- - -'-' '_. -- ''- -- AO% /� �//. y ,��r� _____' - _-�_�_� -_- • _'-----__-__, ' ---- c.7- 11/� i'Al Fk---/C., �m'r .gi.�g ,r="',=�- . ����77,6,1.5-i-:(5- .-�'-- -- _.--_4-----' - ''- - - - -'- ---' ' ___'- .___ _____________._______ ___- '_______ ______ _____ _' _______ _ __. ___ ________ __ ______ __ _________ _ __ ___ _ _______ ------'-- -----'---r---'----'----'---- ----- --�- -------' ' . . - ' ' '.. , APPEALS BOARD MEMBERS ,i`'i $Vf FR�' ,l' CO . Southold Pawn Hall �O Gerard P.Goehringer,Chairman t� 53095 Main Road Serge Doyen : co ae , P.O.Box 1179 James Dinizio,Jr. ,0 ?0 Southold,New York 11971 Robert A.Villa �Ov 0 Fax(516)765-1823 Lydia A.Tortora =.d * 4;,,` Telephone(516)765-1809 BOARD OF APPEALS /0 TOWN TOWN OF SOUTHOLD Ofi Appl. #4449 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: 01/16/97 APPLICANT: Scott Patchell LOCATION OF PROPERTY: 1075 West Hill Road, Southold COUNTY TAX MAP DISTRICT 1000, SECTION 70,BLOCK 4, LOT 24 BASIS OF ACTION: Article XXIII, Section 100-239.4B and Article XXIV, Section 100-244 of the Zoning Code for proposal to locate deck a portion of which will be within 75 feet of setback and insufficient side yard setbacks. RELIEF REQUESTED: Variance for sideyards and less than 75 feet from bulkhead for new dwelling (proposed deck). MOTION MADE BY: J. Dinizio SECONDED BY: B. Villa ACTION/RESOLUTION ADOPTED: Denied, without prejudice. REASONS/FINDINGS: 1. Bulkhead setback relief requested is substantial (approx. 19%). 2. Benefit sought by the applicant can be achieved without the variances. 3. Sufficient land area is available. 4. Alleged difficulty is self-created. Applicant can relocate new dwelling closer to the road so as to permit enjoyable use of the property and at the same time be in conformance with the code. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted 5-0. ZBA:pc �✓ GERARD P. GOEHRINGER, • : • 'MAN Approved for Filing RECETVEn •. TILED DATE 1%lf 7 1:. -.1/v:.3 • S Town Ci Lr'. "' , . - OS MAPS NEWS MORE t Rd, Cutchogue, New York, United States520 1 corn is now full screen. Exit full screen (Esc) 4(,0%1 1 ic 1 El Try the new Bing Maps! Ful Ea ,, _ . , ,. . 1 _ .t+ �"M" " , 11 as " 1, r r_ y .„ . ` _ r.'r //,. ., • • • 4.-i„.,'''' -•t J�j���{�.j,r,,� 0---• ;re a .. 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Pb 70.0 O. 9''' -�A 19 ♦ 0 I TM ` 13 ea op 0 `NPM '9 10.3/'Q. �i��' 0 Ar' 11 F♦° ` ,'. f`Lai_ nom, $, 10.2 a �" J r n0'' r• 6.4 .. ,b, ,O 121 ",•m -'185 s ,1 .•e• 11 . . ` 11P` N7,045a JPe 122,6 n B ON, oa i 1 PN w N NOTICE ,. rJai, ., COUNTY OF SUFFOLK © K °9 m5 I IF ,33 TOWN OF SOUTHOLD SECTION NO WAS MAINTENANCE.ALTERATION,SALE OR f Ty,Real Property Tax Service Agencyv ' DISTRIBUTION OF ANY PORTION OF THE T Q1 SUFFOLK COUNTY TAX IAAP Is PROHIBITED K,• IWOi I County Center Riverhead,N Y 11901 138 15< VILLAGE OF 104 IW *20001 WRITTEN PERMISSION OF THE •I •�:� SCALE IN FEET M ,N nen,PRory rwK cc Rvlcc wce.Hcv .,tl®�` ..11w.w �^ P oIsrI:ICT ND 1000 11' PROPERTY MAP 1 BOARD MEMBERS i�' Southold Town Hall Leslie Kanes Weisman,Chairperson �� � ® $®���®� ' 53095 Main Road•P.O.Box 1179 ' Southold,NY 11971-0959 � ® . Eric Dantes � , Office Location: Gerard P.Goehringer co 4,— Ir:;:-AV �� Town Annex/First Floor,Capital One Bank v George Horning �® ,���� �o 54375 Main Road(at Youngs Avenue) Kenneth Schneider =�ItC®U��Y,� I Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 3, 2015 PUBLIC HEARING 1 - 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, SEPTEMBER 3, 2015: 11:00A.M. THOMAS GIESE and PAULETTE GARAFALO #6879 - Request for Variances from Article XXII Section 280-116B, Article III Section 280-15 and Article XXIII Section 280- 124 and the Building Inspector's June 24, 2015 amended July 23, 2015 Notice of Disapproval based on an application for building permit to construct an accessory in- ground swimming pool and for "as built" deck addition to an existing single family dwelling, at; 1) "as built" deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in- ground swimming pool at less than the code required bulkhead setback of 75 feet, 4) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property, located at: 2195 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY. SCTM#1000-104-13-4 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.TothgTown.Southold.ny.us Dated: August 10, 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> \9'- ; \--k 7 �� #12398 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 27th day of August. 2015. 4C"'":/..4-6..‹....r.....1-----7L-7 • Principal Clerk Z i / / - Sworn to before me this day of _._ _A • 5. LEGAL NOTICE 10:40 A.M.-BERTHA LYNCH,(ES- illSOUTHOLD TOWN ZONING TATE OF)#6883-Request for Variances BOARD OF APPEALS fiom Article XXIII Section 280-124 and 9 THURSDAY SEPTEMBER 3,2015 ' Article III Section 280-15 and the Building PUBLIC HEARINGS Inspector's March 9,2015 renewed:July 17, NOTICE IS HEREBY GIVEN,pur- 2015 Notice of Disapproval based on an CHRISTINA VOLINSKI suant to Section 267 of the Town Law and apphcation for building permit for'as built' Town Code Chapter 280 (Zoning),Town I deck addition to existing single family NOTARY PUBLIC-STATE OF NEW YORK of Southold,the following public hearings i dwelling,at;1)less than the code required No. 01V06105050 will be held by the SOUTHOLD TOWN I rear yard setback of 50 feet,2)'as built' Qualified in Suffolk County ZONING BOARD OF APPEALS at the deck addition laces in-ground swimming in Town Hall,53095 Main Road,P.O.Box location other than the code required rear My Commission Expires February 26, 2016 1179,Southold,New York 11971-0959,on yard,located'at:135 Case Road (corner THURSDAY SEPTEMBER 3,2015. Bay Road)Cutchogue,NY.SCTM#1000- 930 A.M. - BARBARA M. GOR- 116-2-17 HAM TRUST#6880-Request for Van- I 11:o0 A.M..-THOMAS-GIESE and. , 11:45 A.M. - WALTER and RAR- ances from Article XXIII Section 280-124 I PAULETTE GARAFALO #6879-Re- The Board of Appeals will hear all per- and Article III Section 280-15 and the quest for Variances from Article XXII SARA FITZGERALD#6878 -Request sons 'or their representatives, desiring to BuildingInspector's 13,2015 Notice Section 280-116B,Article III Section 28 for Variance from Article III Code Seo- be heard at each hearing,and/or desiring p July tion 280-15F and the Building Inspector's to submit written statements before the of buDisapprovalilding abased for"as built"add tions thelication 5 and Buildinge XXIII Inspecn tor's4 and d October 27,2014,renewed.-June 16,2015 conclusion of each hearing Each healing foand erino permit alterations to an existing single familynamended ns 2015cto Noticeu24, 2a - Notice of Disapproval based on an appli- will not start earlier than designated above JulyP cation for building permit for an accessory Files are available for review during regu- dwellingat;e "as built"and additions and alterationsn"as built" eat i permitroval based to construct nplication for accessory in-ground in-ground swimming pool,at proposed ac- lar business hours and prior to the day of less than the code required minimum front : swiing pool and for"as built"deck ad- gory in-ground swimming pool located the hearing. If you have questions,please mm setback of 35 feet,2)"as built"shed dition to an existing single family dwelling, in other than the code required rear yard or contact our office at,(631)765-1809,or by yardfront yard for-waterfront property,located email:Vicki.TothCTown.Southold.nyus. located m other-than the code required at;1)"as built"deck addition at less than at:8915 Soundview Avenue(adj.to Great rear yard,located at:162 Lower Shingle the code required minimum side yard set- Pond)Southold,NY. 000-59-6-27.3 Dated:August 10,2015 Road(Fox Avenue,go through lot)Fishers back of 15 feet,2)"as built"deck addition 136 .PJVI. - ANTHONY and LISA ZONING BOARD OF APPEALS Island,NY.SCTM#1000-9-1-26 at less than the code required minimum i LESLIE KANES WEISMAN,CHAIR- 9:50 A.M. - CHRISTOPHER and total side yard setbacks of 35 feet,3)"as ' SANNINO#6882-Request for Variance PERSON ELISABETTA COSCHIGNANO#6884 built"deck addition and proposed acres- under Article III Code Section 280-13A(4) BY.Vicki Toth and the Building Inspector's June 17,2015, 54375 Main Road(Office Request for Variances from Article sory in-ground swimming pool-at less than amended June 23,2015 Notice of Disap- Location) XXIII Section 280-124 and the Building the code required bulkhead setback of P 53095 Main Road(Mailinef USPS) Inspector's June 19,2015 Notice of Disap- 75 feet,4)proposed accessory in-ground proval fora building permit to finery lction P.O.Box 1179 P of a winery/tasting room,at:1)winery local- Southold,NY 11971-0959 proval based on an application for build- swimming pool located in other than the ed on a-parcel less than the code required mg permit to construct a deck addition to i code required rear yard or front yard for minimum of at least 10 acres devoted to 12398-1T 8/27 existing single family dwelling,at;1) less waterfront property,located at:2195 Nas- vineyard or other agricultural purposes, than the code required rear yard setback sau Point Road (adj.to Hog Neck Bay) located at: 15975 County Route 48 (aka of 35 feet,2)more than the maximum code Cutchogue,NY.SCTM#1000-10413-4 Middle Road)and 7490 Alvah's Lane Cu- allowable lot coverage of 20%, located 11:211 A.M.-430 WSD.LLC.#6877- tchogue,NY.SCTM#1000-101-1-14.6&14.4 at:1110 Gillette Dnve,East Marion,NY Request for Variances from Article XXIII 2:00 P.M. - SUSAN CACCHIOLI SCI'M#1000-38-2-12 Section 280-124, Article XXII Section -#6881 Request for Variances from Ar- 10:15 A.M.-STEVEN and ANDREA 280-116B,and Article III Section 280-15 tide Section 280-124 and the Butld- KOLYER#6860-(Re-opened by Board and the Building Inspector's June 19,2015 trig Inspector's June 12, 2015 Notice of Resolution due to error in Notice of Dis- amended June 22,2015 Notice of asap- Disapproval based on an application for approval) Request for Variances under proval based on an application for building building permit for second story addition/ Article III Code Section 280-14 and the permit to construct a porch addition to an alterations to existing single family dwell- Building Inspector's March 9,2015, Re- vised leg July 20,2015 Notice of Disapproval under construction single family dwell- g fol a building permit for a subdivision,at: 'Ing and an accessory in-ground swimming I 'as built'accessory deck,at;1)addition and ol,at;1)more than the code permitted `as built'deck addition less than the code Proposed Lot 1-(lot 10)-1)less than the poaximum lot coverage of 20%,2) pro- required minimum side yard setback of code requhed minimum lot size of 80,000 m posed porch and accessory swimming pool; 10 feet,2)addition and'as built'deck ad- sq ft,2)less than the code required mini- pmum lot width of 175 feet, Proposed Lot at less than the code required bulkhead-I dition less than the code required total Z—(lot 9) 1)less than the code required setback of 75 feet,3)proposed accessory side yard setbacks of 25 feet,3)'as built' minimum lot size of 80,000 sq.ft.,2)less m-ground swimming pool located m other accessory deck less than the code required than the code required minimum lot depth than the code required rear yard or front. minimum side yard setback of 5 feet,lo- of 250 feet,located at:4075 Paradise Point yard for waterfront property,located at: cated at:1040 Holbrook Lane(adj.to West Road(adj.to a boat basin)Southold,NY 430 West Shore Drive (adj. to Southold Branch of Mattituck Creek) Mattituck, SCTM#1000-81-1-10.1 - Bay)Southold,NY.SCTM#1000-80-5-2.1 NY.SCTM#1000-113-6-13 jJTK, ECiFHEARIiK, The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME GIESE , T./GARAFALO , P. #6879 MAP # 104.- I 3-4 VARIANCE SETBACKS ; YAR t LOCATION REQUEST ACCY IN-GROUND POOL & f°AS BUILT" DECK ADDITION DATE : THURS , SEPT . 3 , 2015 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 10, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, September 3, 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 August 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 24th: 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 August 26th : 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 September 1, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of fi7E7 AFFIDAVIT THOMAS GIESE AND PAULETTE GARAFALO OF (Name of Applicant) MAILINGS APPEAL # 6879 SCTM Parcel #1000-104-13-4 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 20th day of August, 2015, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 0 A �: /A Signature) BETSY PE°'KI S ' Sworn to before me this a 4Q- 17i day of August, 2015 (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County..., Commission Expires June 3, 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. (t GIESE/GARAFALO #6879 NEIGHBOR LIST SCTM: 1000-104-13-4 GG �kl MICHAEL LILLY 5813 MEADOW ROAD BALTIMORE MD 21212 SCTM: 1000-104-13-3 KA RATHGEBER IRRV QRPT CM RATHGEBER IRRV QRPT 111 CHERRY VALLEY AVE#507 GARDEN CITY NY 11530 SCTM: 1000-104-13-5 ROBERT&BARBARA RINGEWALD 2150 NASSAU POINT ROAD CUTCHOGUE NY 11935 SCTM: 1000-104-10-9 RECEIPT 1 RECEIPT RECEIPT 7104 2438 8090 0000 5483 7104 2438 8090 0000 5490 7104 2438 8090 0000 5506 FROM FROM. FROM: Moore Law Office Moore Law Office Moore Law Office RE ge RE giese garafalo ZBA RE geese garafalo ZBA grese garafalo ZBA 1 SEND TO• SEND TO: SEND TO. MICHAEL LILLY KA RATHGEBER IRRV QRPT 5813 MEADOW ROAD CM RATHGEBER IRRV QRPT ROBERT BARBARA 2150 NASSS AUURINGEWAI POINT OINT ROAD BALTIMORE MD 21212 111 CHERRY VALLEY AVE#507 CUTCHOGUE NY 11935 GARDEN CITY NY 11530 FEES FEES' FEES Postage 0 485 Postage 0 485 Certified Fee 1 • 3 30 Certified Fee 3 30 Postage 0 485 �rri eeeip�` v 2 70 Retum'F3ec ipt� 2 70 Certifi .Fee 3 70 i.e. Return � i t I X270 R@//suicfed \;Q /R€s�Gic�ed f� . I �' �j�e g./AL C 6.485 46T'A1---_-----'":,9\46.485 I TOTA�� 8 ��O MA3ICr-oRD ATE �'OSTM 4vOR DATE I OSTMARKSOR� ATE t N\\.....„....._,......)�` D \�G2 V I N \\�v�- : 1 L Wit':US? �: ' � ' ' I +- ,04� I_— �'' MOORE LAW ---ICE 4.Restricted ^-"ary? 3.Service Type 51020 MAIN 4D CERTIFIED (Extra Fee) res SOUTHOLD NYa 11971 i !Hi : in/ 11 i . !I t 1' * 1 ! •.$ 1 I 2. Article Number ii 7104 2438 8090 0000 5490 l��'v,xu a�.yr rz' a:q r� N."Tra4 +�r fi p r�..�H,�. z s�S i A. S g at (r:Ad.r -.-e or DAgent) I IIII RhIII llhIIhhhIhhhl 11111 Ili III /C B. Received By: (Plea a Print CI rly) I � � 7104 2438 8090':0000 5490 VUQL C.Date of Delivery 1.Article Addressed To: ' ®•Addressee's Address,prottrerentFmmAddressusedbysende4 K A4 ?'.A T H G E B E R IRRV QRPT Cir,RATHGEBER IRRV QRPT 11 ``CHERRY VALLEY AVE #507 Secondary Address I Suite/Apt./Floor(Please Pnnt Clearly) GARDEN CITY NY 11530 Delivery Address City: )I 1 .< < ' 1 r State , 1 i ZIP+14 C6& - „w�•v: r t i i r r i r e r ,9ate i i r a rsc*�"r @ [ l i 4 J•. ,Z:l.5✓,�, 4' ' ]I LI, MOORE LAW OFFICE 4.Rest'. ,l? 3.Service Type !I 51020 MAIN ROAD CERTIFIED SOUTHOLD NY 11971 (Extra Fee) ®Yes 2. Article Number [ - 7104 2438 8090 0000 5483 O VIF'IiEvta /S SE''C^Tl0( !O�'/ 'sD'takO k' I f <• u+e ,� a'� $�` .1M-3�,�.t,S,fww, t,s, a ,r, ax ala 1 jsIQna // C. , =Aor .gent) IlI II Il I I IIIIIIIIIIIIIIII IIIII lI eceiv-d By: (Please Print Clearly) 7104 2438 8090 0000 5483 k C.Date of Deiive 1.Article Addressed To: D.Addressee'sAddress(lrwlrerentFromAddressusedbysended MICHAEL LILLY I 5813 MEADOW ROAD I BALTIMORE MD 21212 Secondary Address/Suite/Apt./Floor(Please Print Clearly) -Delivery Address j j j f3/i)iiaj/ti)f)y/1i11.r!Jrij),JJJitj'1J :Jai)))iiil/.Jlfj•a :1)) C' rf�it • City 5 i 1 1) (j j i y , f;State 1 ZIP+'4 Code3 - i Pi rrrE lrrr lx , r , , , ill � (! , t ZONING BOARD OF APPEALS 1I� r 1,1TOWN OF SOUTHOLD: NEW YORK -i (.7j x In the Matter of the Application of AFFIDAVIT OF THOMAS GIESE AND PAULETTE GARAFALO SIGN POSTING APPEAL # 6879 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-104-13-4 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Thomas Giese, residing at , New York, being duly sworn, depose and say that: On th5 day of August, 2015, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance`; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, September 3, 2015 c-7 -________ Sw rn to before me this day of A 2015 i / BETSY A.PERKINS E_ !.� :� Notary Public,State of New York ,•1Id No.01 PE6130636 Notary P _ Qualified in Suffolk County0,, Commission Expires July 18,c0/7 *near the entrance or driveway entrance of the property, as the area most visible to passersby. • BOARD MEMBERS �s1" $0(/ Southold Town Hall Leslie Kanes Weisman,Chairperson I�� �� : ' 53095 Main Road• P.O.Box 1179 4® .. . ® Southold,NY 11971-0959 Eric Dantes * Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing ' � ��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®U��,��0��� Southold,NY 11971 neons .' http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765- D E C E O V E 1 July 15, 2015 JUL 1 5 2015 - Mark Terry, Principal Planner Southold Town LWRP Coordinator Planning Board Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #6879—Giese, T. and Garafalo, P. Dear Mr. Terry: We have received an application for construction of an accessory in-ground pool and "as built" deck addition in Cutchogue. 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: CY r Enols. ...-- BOARD MEMBERS � I ®� $0012,- Southold Town Hall Leslie Kanes Weisman,Chairperson / �� 47 53095 Main Road• P.O.Box 1179 I ti® `•` • Y ':10 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer y �� Town Annex/First Floor,Capital One Bank George Horning �� `= N SURVEY OF PROPERTY I = AT NASSAU POINT --; !, TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-104-13-04 SCALE: 1'= 30' MAY 6, 2015 MAY 27, 2015 (REVISION) 378'g1' BULKHEAD w co 0 FENCE 0 5'S N (.71 Lp1 3 FE k STOCKADE14 ' U o a N t� <v m m 5 I Izi �/F �DOOG /�� 5:3. Z ICHE L P LILLY N78•3�`ZG~E a sT R°y ` Tell �� O /4( tiouse dry/ /•s' ' I CO GRA R 0�� �3. // a I AVEL F STp v/ �� t> STONE FO y Ry eoo"o ^ )rW1.A01`±L A OUSE Q�DeO�� v�^� Iva 18.6 e`p� 3 // I�^ V� II G�P��. GokAGE# STO�AELL c�' ``, _ i .- FE tJ ! �, 0.1 N e TONE 1`?EXAONE G o BO 25 = \ ' LpT 4 �, p pT10 RETAINING O m FE..5 3�.,.g1 wALL H r ,p '� CHAIN LINK Z c STORM 9 I FENCE 1� DRAIN RECEIVED . co 1 1 1Z Cri /f TM � Zp"VJUL 2015 x S7g•36 }� ZONING BOARD OF APPEALS V 1 p/F R LOT NUMBERS ARE REFERENCED TO • NP/FM R "MAP PROPOSED 1 SUBDI VISION OF SECTION A" • CHRISTI RA-�.�GEBE 1—oT 5 NASSAU'PO/NT CLUB PROPERAES,INC. 1 ICENNETM on OFFICE B/16/22 AS�,IAP NO. 156 LERK OF THE COUNTY OF SUFFOLK ,`t,O. Pd��).�,, it* : %/t v,• A, \, POLETILITM , AREA= 37.258 SQ FT ,. s . ./ ,� . \ \' 0. 4Q�;la A . .. LIC. Na 49618 o = PIPE ANY ALTERA17ON''OR ADD/770N TO THIS SURVEY IS A VWOLA770N P ?`l,; yj/.= /<4 SPS, P,C. • = U77L/TY POLE OF SEC770N 72090F THE NEW YORK STATE EDUCA770N LAW. '��u+ • = MONUMENT EXCEPT AS PER SEC77ON 7209-SUBDIVIS/ON 2. ALL CER77F/CA77ONS (631 0 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR SOU 1230 T RA V ELNR 1119 E1 T 15—13® WHOSE SIGNATURE APPEARS HEREON. , "AW{.. Pr 4 wail., Bonding Wire connected to all f I hardware ll WASTE FILTER HAIR&LINT CATCHER J • I/ PUMP SKIMMER . r.. /� MAIN r es.,=�. rvur j low DRAIN �_— '• ��• '', a' �: � — � /WATER LINE SIDE SECTION LIGHT SCALE:1"= r-0" 2'-1" TO < 2"RETURN TO INLET RADIUS MAIN DRAIN A moi` LIGHT PIT DETAILS PIPING SCHEMATIC 2"PIPE (NTS) WWWW���"�� 1 1r S it ir tr it Nona corn �, an A3CONON000S RE, •. I44;:m0.7,/,=.--141 ) TES AT Ir OC V ,, q Q i� Vx6•DURAN• 1inffi ' _� a I1)i3REBHR(TIT.) tr.r:.: •y. PERIMETER BOND BEAM '1$ f y^ SN.W..Io END "'n l•�•�'1— — IUATERI"••.r-+•�--..;. •a a I �'I- _`'J`I O •n f ....-7-47.7,‘ • p lVEIEE °y`v I�_ - z•COPING _I;,s. .D. . - ••a� T•/.. ESR,AV° >Annx MARBLE DUST. a 1�[ Y I 0 WATER LEVEL --- '� ' .,.• D•e o• •b Q` - 'S I'!(1.1--AI Ip TRE I ........".“.•� ad. ° •• .n i•'n i• a s /� ��L + A IE• _x•n >�•a . D•n . Q•a . c �Rr OYPJ �'•`$ p.yn -. n f3f1EEl•REBAR •I)� L 1n ��u �I �I • • � 1'•I L_Q O'•n 44 °o.4•-A e•°, O�S` sy( MOWIto= '° Ill it TO ao' _ D' a c o I I 'z ' -_i OC.(TIP.) •.R - > ''A ie)NFORC'dD046 IV, ' I T _,,t' e �.�- c •a., c•s �•" '>a>." •e•°" �' BOOR REINFORCED WETH •—.,_ i 4- !— `4• 4—, I:TO Zv mows•swusow ma -.; ' 11 rOC T .I - `� o Eir�tCM In r ' • w.r'r..4 % ]5•.RADIUS•DE QED .. •••A-� u :-. `.. i{p •`j•• •_ PLAN VIEW j ASO pc. ^' ' !�l— � I M1 I� • ` • +-f a ••4 •S > a /3RF8AR AT1rO A EACH WAY OW.) _ I ";>•-y I > •'n D'e D c D c Cor, D'n E r, n. n .P a CON RETE /I_' I•- ' -417-771-1 n n .'>' n ° b P • n n n ..n n P SCALE 1"=1'-0° I f -• 1 — Ti i1r- 11 I: TO DECK ` .--.....1 1-1-.a D, y° ° . " ..s9 ,° ` . ' 4 . ° � IiI II I UNDERWA •'i'I• 1 P • . ' It ® • b'..i-0.- -_:7.;.._,�...cy� o - -l=! 3�ll ! 1-1 . UGHT FIXTURE BOX _� i Ll.174i.1•r�1_:_•1•,- i' ---1.1 4�'1 �O .,Il il't.,,tri I� 5 I -_ "U.1- '"� iLl.iT:f AJ._',Z•I;i, V f i'-• 1 !"_. r.__ _'-r'a 1 ! UCHT NICHE .__• -'l' ._. r.::::11.1.171.1 r , 1 I ---I = RECEIVED t>;ra IllIl ;IIII II>=_#!IIIIT II!P ,II!lhL iT Ill . •e. ::�i,:,f,=.i!!;•.-I r�!I ,s i1::::-1.: lj t __T� ;, ! :VP0.Q.DO.M/IU. r(1>Mf.WAMI•i1T 5 JUL 9, 2015 POOL WALL SECTION (NTS) LIGHT NICHE DETAILS(NTS) STEP DETAILS(NTS) ZONING BOARD OF APPEALS 17...j, --.i North Fork Pool Care i k3 #3 STEEL REINFORCED ', 9700 Main Road f a ` DEPTH <5'-0" >5'-0" Mattituck N.Y.11952 Is c 1 ' HORIZONTAL 10"O.C. 10"O.C. i END SECTION VERTICAL 10"O.C. 5"O.C. POOL TYPE: Rectangle SCALE: _ ,NTS SCALE:1"=v-o" 12"O.C.e.w.OR 12"Q.C.e.w.OR JAMES DEERKOSKI, P.E. DATE: FLOOR MESH EQUIVALENT MESH EQUIVALENT 260 DEER DRIVE MATTITUK, NEW YORK 11952 DRAWING-NUMBER 1 OF 2 1 1 BOARD MEMBERS �'• Southold Town Hall ��iF S�U�4o - 53095 Main Road• P.O.Box 1179 Leslie Kanes Weisman,Chairperson • O 0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ; ="= Q Town Annex/First Floor,Capital One Bank George Horning - �O�'b 54375 Main Road(at Youngs Avenue) Kenneth Schneider ;�'�CQUNT�1,% 'a1°� Southold,NY 11971 ... _•' http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 October 2, 2015 Patricia C.Moore,Atty. 51020 Main Road Southold,NY 11971 RE: ZBA Application#6879-Giese/Garafalo Dear Ms. Moore: Transmitted for your records is a copy of the Board's October 1,2Q15 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a,copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. g9iE -/Gt1,)elqPi°9-Ls-D SEE SEC NO 098 CD/0 • ( fs[ ^ 4/ zA1 - VI N314282 ��' MATCH — LINE / 1 jp0 LITTLE np 9�SC , r CREEK 0 SN D g FD 28'`-_ •c� m X112 8A(c) wo ` F D 29� ` _/L D 4q i %.1..,0010,, yF . W w 'UNDERWATER L D qs 7'—�.�__ �p� +Z6 M0�.tP'I ,o,,,,LAND)TOWN.. �-_4r_ _ -F.j SO RHO, 13 ,,, lR ) 4'O 6F so 1 15 1, -i"ai 9, 1 O i'` At s ase 16 '� -"y - 161 .a 8 -_ c 17P1c1 s zrO 6Pcl x„ ` 15 1sp 1501 ' 'O P,, i,ni1. ? ' o - 19 L. 1 '19 2a - 90" 12 -i ,.a i ss n e , 0�tl 10 � 11 I w 05115 4,,, m 0 nnn / 1 `a) ^"L�) =�,-27•a ms me a`w, S91 ,` � ) �i/ / /P4� 1✓ —3 `4O C5 9A(c)U1 /'•I iii��� ` I \26'. PVF' 4 NEW SVFfOLK �// ..�I PARK DISEAci Ali CUTCHOGUE- / .0 PKK \ NEW SUFFOLK _ 1 41. )o1 /V PARK DISTRICT '' , itL 1 X l Z 1 cl '�`F iii oP sR 5 s \ .. t\ \ ' o1 aR ,�, 43�. 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Ot'1 - �,1 qP \ 114,1 a7) . $ ?ea 0 -'O 163 10 ••6 0, 6f o aset ir•�..A 10 _ 4"-'a Jme 1 5i1. 3`p QO - ` es ,1e m 11 , $, :;70.-._ 14 g .r p' \q' e.' i• •`� 0"I 102 C1 es " - 18V`�,�`` ./ �' 11 g�O 121;Y „01 -'16;P $ 1./ N 310 482 091 098 SOUTHOLD SECTION NO NOTICE ,f'..0s'S w�-4- COUNTY OF SUFFOLK © K F +v TowNo NAND MAINTENANCE.ALTERATiON SALE OR Real Property Tax Service Agency Y 103 1 04 CASTRIBUI ION OF ANT PORTION OF THE SuFFOLK COLIN,.TAX MAP IS oNle TED , .'aM,� Caunty Center RNerhoatl,N Y 41901 M ue ,w V LLAGE OF I. NAT„wrt,+.N or iME ,00 A,EIN FE 4N . Rcrl RnoRE St4nccNcr ��`�''/,y`��.', • 300 ^ A DISTRICT No 4000 •- _ a - ... , PROPERTY MAP