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HomeMy WebLinkAbout4560A, ,,J -r h c®uu;e,-� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o��gUFFO(,�COG o y� H = oy • !� BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4560 - ROBERT SHANK PARCEL 1000-111-1-19.1 STREET & LOCALITY: 820 Fisherman's Beach Road, Cutchogue (a/k/a Haywaters Road) DATE OF PUBLIC HEARING: April 16, 1998 and May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The above -identified property has frontage along the northerly side of Haywaters Road at Fishermen's Beach of approximately 100 feet, and lot depth of 60+- feet at the easterly property line, as shown on the survey map dated August 20, 1976, prepared by Roderick VanTuyl, P. C. The 1976 survey shows the former one-story frame house at approximately 848 sq. ft. Also shown are walk, patio, step, and bulkhead areas. Also submitted for the record is a survey prepared May 12, 1998 by John T. Metzger which confirms the total lot area to be 4,231 sq. ft. to a tie line. This area excludes the underwater extending to the line per filed subdivision map and beyond the tie line. Construction has been commenced under Building Permit No. 23045 issued 10/4/95 for reconstruction and raising of the existing dwelling structure. BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: "1) The proposed construction being located on a non- conforming lot of approx. 5000 sq. ft. (land above ordinary highwater mark) in an R-40 Zone will exceed the 20% allowable lot coverage by approx. 700 sq. ft. Existing square footage of 1287 with addition - 1987 sq. ft. pursuant to Art. XXIV, 100-244B; 2) Proposed construction encroaches on allowable side yard setback of 10 feet on the east side pursuant to Article XXIV, Section 100-244B; 3) Proposed construction encroaches on the allowable front yard set back of 35' pursuant to Art. XXIV 100-244B." Page 2 - June 23, 1998 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A) The amount of lot coverage relief requested by applicant is for 48.64% of the 4,231 sq. ft. upland area. Applicant confirms that the 40.13%, or 1694 sq. ft. existed for the house, deck and accessory shed formerly (ref: May 12, 1998 survey). The overall increase for the new areas is shown to be 8.51%, or 360.5 sq. ft. net increase. The total lot coverage requested is 48.64%, or 2,058 sq. ft. B) The front yard setbacks requested are at 10'8" +- from the foundation at its closest point, and at 6'+- to the corner of the proposed deck/handicap area at its closest point to the front property line. C) The side yard setback is requested at seven (7) feet. PRIOR APPEAL: A prior determination was rendered February 2, 1988 under A. Robutelli Appeal #3676 for increased lot coverage for a total of 1260+- sq. ft., and for setback reductions in rear -bulkhead yard and side yard (848 sf. existed for dwelling and new deck area of 400+- sf. added). REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the dwelling as it exists (1,015 sq. ft.) exceeds 20% lot coverage by 168+- sq. ft. (846+- as to 20% limitation relative to upland coverage). (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because dwelling itself exceeded lot coverage (108 sq. ft. on 8$); decks existed in original plan before house was elevated and foundation was installed. (3) The requested area variance is substantial (4) The proposed variance will have a visual impact on the physical conditions in the neighborhood with impact not only on this site but neighbors to the immediate southeast (on Bay). (5) The situation is self-created because the applicant was some what aware of the extent of the construction to lot lines and tie lines (toward water). (6) An undesirable change will be produced because the house as it currently exists already exceeds the maximum lot coverage. Page 3 - June 23,'1998 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals (7) While the Board acknowledges the facts concerning the raising of the livable space to protect against the possibility of damage by flooding it also finds that the existing front yard setback of 1018" is already well under the minimum required. The benefit of installing the handicap ramp can be achieved by installing it in a different location on the property without the requiring of a variance. (8) the amount of relief requested is substantial. The existing footprint covers 40.13% of the buildable area. The request to expand the lot coverage to 48.64% is deemed by the Board to be a substantial increase. (9) The difficulty is self-created because the applicant can build the handicap ramp in a different location without adding additional deck space and further decreasing the front yard setback. (10) The alternative location suggested, without a further variance, for the handicap ramp is along the side, with a 7 ft. minimum side yard setback. (11) The Board considers such handicap ramp area to be exempt from the lot coverage provisions of the Code, but not exempt from the setback provisions of the Code. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to DENY the FRONT YARD AND LOT COVERAGE variances as requested, and GRANT the following ALTERNATIVE RF.T.TF.F: 1. The house may be built in the existing footprint with decks at a minimum front yard setback at 10 feet 8 inches; however, lot coverage* of the upland (4,231 sf.) area shall not exceed exceed 44.05 percent. 2. With regard to the requested deck and similar handicap ramp area, if desired, are permitted alternatively in the side yard at not Page 4 - June 23,'1998 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals closer than 7 ft. to the side property line. VOTE OF THE BOARD: AYES: TORTORA, COLLINS, AND HOR *(Please note paragraph #11 a1dov for handicap ramps.) s****ss*ss**s*****s**s*s*sssssssss AS400/txtlk/actions.aH/111-1-19.1 Cop C�� �� lye' Na" M '6 r�_ s 4+• K iroved for Filing regarding lot coverage exemption i RECEIVED AND FILED BY THE SOUTH/OLD TOWN CLERK DATE �1 a`l`�'� HOUR3'30 4V I Town Clerk, Town of Southold i LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, APRIL 16, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing, by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, APRIL 16, 1998 at the time noted below (or a& soon thereafter as possible): 7:35 p.m. Appl. No. 4560 - ROBERT AND ANN SHANK. Location of Property: 820 Fisherman's Beach Road, Cutchogue. 1000-111-1-19.1. This is a request for a Variance based upon the Building Inspector's March 10 1998 Notice of Disapproval, disapproving a building permit for an addition to existing dwelling for the following reasons: "...1) The proposed construction being located on a non -conforming lot of approx. 5000 sq. ft. (land above ordinary highwater mark) in an R-40 Zone will exceed the 20% allowable lot coverage by approx. 700 sq. ft. Existing square footage of 1287 with adition - 1987 sq. ft. Pursuant to Art. XXIV, 100-244B. 2) Proposed construction encroaches on the allowable front yard set back of 35' pursuant to Art. XXIV 100-244B...... The, Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: March 30, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman . lUNri W1' SVUl UV4il JVKW'Y .:. .................. BUILDING DEPARTMENT CITE( ........................ TOWN HALL WhIe FORM SOUTHOLD, N.Y. 11971 TEL: 765-I802 NOTIFY: C.�ety Av-. CALL Far�mined.................. 19 .... MAIL TO:.P.................. © 2rX I to7S Approved ....:............. 19.... Permit No. ................ ......w? P J Y..Il91i...... Disapproved a/c, ..... ............. ............... tll •..•(Building Inspector) APPLICATION FOR BUILDING PERMIT e. Date. .OZ �t ......... 19%3 . TOVVNGFSG#urfE;l;l} INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink, and submitted to the Building Inspector wiN 3 sets of plans, accurate plot plan to scale.. Pee.according.,.to schedule.. b. Plot plan showing location of lot and of buildings an 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 Buildipg Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall bekept on the premisesavailable for inspection throupluoutthe work. e. No building ,;ball be occupied or used in whole or in part for ,any purpose whatever until a Certificate of Occgk3ncy -hall have been'pranted by the Building Inspector. APPLICATION IS IEREBY MIC to the Building Department for the issuance of, a. Building Permit pursuant to the Building 7,.one Ordrnax•e 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 for removal or demolition, as herein described. The applicantagrees to comply with all applicable laws, Ordinances, building code, housing code, and regulations, and to admit authorixed1nspectors on premises and in building fo necessary inspections .. .�- ............... (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, pltmber or builder. ............1................................................................................................ r Tkne of owrx;r of. premises.............. . 2......-..... (. ��u ..................... S �RlG ........... .. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorised officer. .......................................... I.............. (Name and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No. - .. Other Trade's License No. ....:............... I. Incation:-of land on which proposed work will be done .............................................................. ....... .................Lie,wfft,res..2.".A,-7>................................... `......................... (louse Number Street Ilanlet County Tux K3p Na. 1000 .Section ...Id Block ...... i......... It !).- Sokvision . !t\..PI`;'IS;!`:? S ......... Piled Map No. .. Jvt. (None)` .......... ....- 2. State existing use and occupancy of .premises and interxled use. and occupancy of proposed construction: a. Existing use and occupancy .M)C 4 ..i ! ::;t..:.. 1:�1 .ti�Y�'4!i`i,%2(.!E UI ........................ b. Intended use and Occupancy"V'}r "s Ralwc of annk (stucsak rk,idc aly,6 icable): pLia :i iclier;y .......... Aeklit ie; s -X—. .. silteralim ^.... .. Ihrywir ........._. Ver mal ............. Ilr�ixrod it. §nx� ............ Other A"Cr ... ............ .................. scription) Est iokited Cos(- .......... 'Oo be pid no Rhk application) 11 AAMing, m0par of &KIlag units .... �nAwr of skmlIing u::i:s on eas`s floor .ti,/A.......... If garal,e, ,xuber of car's,..-.J��A............................ If Ixisinefen CUMMrcial nr mixed nccvlxvky, sgu:ci."y :u^mp and extent oi flgi� c -_r- use–nam....... Ddxensimm of exiatong at iCLures, if any: Psaxpu Got:. G'Tl%tl-. Itear ............... Deptle ................. t 2..Y/ llsight ... ..........Milker of St v, `es .. _ ................. Din,eosinns of saue aLrncLo-,e with alteratims or m0; ions: Prone �.`.t`"'E'�"n'"".. Rear ............... Ik:pth ... ... I........ Lkiglnt 3Z .... ........... tar�wr of Stor ieay. Disensinns of ea;tire new ccxnstro,A irxp: Py" l.. .. Hear ................ 'Depth Ikittln: ......L ................ Millner of .'d:u tee; i�'r.. SIZA: of lUl:: ➢'rant ..99.iS!`r�............. 111::iC" .... t.:�c?..... r9 ...... , lk�p: f'- ..... ... �.... .... _%A�.ee.�. s Ito (2 of IN11chare ... E�1 ..... ........ Wilt (1i'l¢ue.[ ;'1.r=5;.r r^ ? �'–'–.1 Amm or use Aat 3 ict in w1 ich premlaes are t K-01 _1 at (VATt ANY C, � i/Ir� .. ..... ... ...... Ikxs prntx)sed nansi nx:Livo violate any frxli a„ •M, a ae:.n A:e or regulu, i i `l;G.. 4.Zwi.. Ir...... i Will luC he, regr.xl'etl`&5.1'!°S:�!�.:?�':�7�,., Will ammas 117 be re,r,ve<I "p cn�c tvreni pis YES Wiles of (1wa,er of Vreaai sea j?2 !t-.�l... SNA1N !,�Y tress �. xi1✓4�i � qsc? ........... .... Il,rxne ...... ........... Wile of Architect ......, ...,..... ................,._... hAlress ................ .........: I't¢me tlo........... . LLare of CAwnfDCL0r................................. .... AR&tress ........ ...........ilione Re............ Is this property ei4hin .100 feet of a tidal r . aiA? * :'IS .......... Lail ...... .. x'IP YES, 1Xifl'11K1 D 11114N 111111111101; 11HItidII hm' it,, 1topildrb. - PLOT DfMAH lrx•ale Clearly rod distinctly all buildiryx;, u"+paei,r,v existing or prope,s:rd, and iiylicate all .set-haek dimensions no pn>llerty lines. Give Meet and block netheror deacr Jim according, Co (ked, a::xl show street raven aril in[icalie w(her interior or Csar>er lot, wl.-. I* t'Am y(m, Y; IRRJIY (M' ........................ ... I'IS/-Y1%7`1:,:,.iNr,., vc........ ..- _. .tcAg duly maor",: op ses`'niod says that lie is tare applicant, Nme of individual =igming r_voLract) Jft.L'.?`�. ......... k: is the .....:. ....... ,.. .._................... . ............. ....... .... (U�Aractar, mllent., cotim-ate ill ii :_..^.). ,t said mnxpn. or annu.r,i,. and is My aul6oriml 00 cul fm- Or leave Ix]a Porn -,c 4 ,t swain a rk and to m1he and fico Illin applii:ntion; that: all 012010100 11 Contained in. this q pl lcnt iglu :are lope lei Ii )est'cl his krKaNedge and boliefj and hilt.:-lhc unle will Ix• IeL:fonlssil in Ale "Villi er":ba t ; l [": .,s tljo appl icat ions 01:11 t1WI t i ith. >.Anil to (x.fore up 110'.1 9 / A.. Wnany Hdllir.iLV, ✓? i.;4. �i., �x HELM: .HORNE (Signahne o" Ncl,.ry Public, Estate a- New York No,4951364 Qualified ire RuFfolk County TOWN OF SOUTHOLD, NEW YORK SSD. �ir?V ROt,jFr%fISiON OF BUILDtI,4G INSPECTOR P APPEAL NO. DATE ®3 i(a 9E3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1,(ANe) ;G! <tR n,�(}G2n7 FaR �o�o-fffwroKof iiv75 JcxKc`Y�P tvC Name of Appellant Street and. Number 1 x......................... ...,'...... .... t ! ��L......HERE13Y APPEAL TO Municipality State THE ZONING BOARD ,OF APPEALS FROM THE DECISION OF THE BUILDING .:INSPECTOR ON APPLICATION FOR PERMIT -NO . ....... . .. ........ ....... DATED. .... ....:..:... .,... ....:....., WHEREBY THE BUILDING INSPECTOR DENIED TO t Name. of. Applicant for permit of �oe....N.✓.fl ......e............. ..................... �� !�.:............... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 00) pt-- �\'i- To C'.�7-45 �l�..uG.�:..Ai-A %10�ITGi7`� To i].h-i L-5`J&nI F-iL7 IZ> I.a.A--L-4 1. LOCATION OF THE PROPERTY ?:::Fis})k.RP.I�H?......•...... Street /Hamlet / Use District on Zoning Map District 1000 Sectionkk)I Block [ Loth I .................................................... ..... .....Current Owner iLyP.R Pe i)i SHJ�NK Map No. Lot No. Prior Owner wr�a�a9�l 2. -PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance:) Article-)�i-4 Section 9=� 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ('X A VARIANCE to the Zoning Ordinance or Zoning Map ( ) 'A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Lows Art, 16 Sec. 260A Subsection 3 l'q-o" ,`i f4R�0 : !SIQ5_ r 4. PREVIOUS APPEAL A previous appeal (hos) hos not been mode with respect to this decision of the Building. inspector or with respect to this. property. Such appeal was ( ) request for -a special permit _-- E ) request for a variance andwas made in Appeal No.................................Dated ................................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that `� �� '=;7 S:2 rG`!\�}-tCa �-l<�`kS yw.aS� f�N•O Ft�oP �i'v�,H.t�. t. i­10�dr_-N�-2_1 C7F-fG.+= PCX*G IS AJ 094D*0_7 To Z0_4�DL 77 -IC cf Aroc.j-'Ca: Form ZBt (Continue on other side) (TNE C>04L pl:�5S331 GC -iZ, p r>;D S+'Z�F_ Tv 14c­sE�)I .4 Z wo coo a Y -E `ro c ..tsiic 7'. W Aa )Qf—ikv T 'TPd� N�-`.*'= (v25tF'�� 'Ta- fiCLen'�M�T�i� - 2�'LShiC9. -rYIEM�2i-Li3y-i7C,src_S (BSC. Co -- s7--7 Su*:� %l-' cs . -r— o•F la'SZez->.Ar) -rkk5_- f-b=4miEVe:2_ r�2— rAR--. 'fW0 !-IAS W 8'SLEA'CHi.i-(C7 DS CLQe i A�-AD 1 14S H iii FiG� i T rn6 Gmu Fa vim t+�ar� iO v-/� F--iCaHf5 c5r STPtftS, REASON FOR APPEAL Continued l.STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sory HARDSHIP becausetv tS P �4 a "-3 A t Ar m IS &" v t S2c��� t�Ij tilfH vn N OF -CH0 r� rrlE Nt(=41v(AT ✓�A9 �.. S} c .�� Wtusr 5z s S= rec 1 x�s� ra C-�i?A-7-2SLca--k SS it^v��oSS�.C��-f �it�FE C��-tt�'Y' �!A•! To FkP i7 i--�r[�r-eC� S�p�� FS fiCl f 6! S of siSt� A� Cic?(1 vINlfi4 v-IO-X-� 11ilx A SVt4-'f-- 1� �� � Tv s'��- St-�t�-1K5 {-/�aL7i � coy--+r�rrc�--i T;_•�-<�z�7--Pc� �n i S �1e"fL"i, F✓ZG�/Gu=i tari-tY� /�.f o`�? a To r7. �'Iv-. `v-IY�tiL yYPzy._:t--SY7 Tt�G �.ra.x.� RfiaYJ 2FN� �H�-i--irc✓rz�S �61✓i? LiF=G 40 �N�S�fJ>-�L'I A 2.. The hardship created is UNIQUE and is not shored by all properties alike in the immediate vicinity of this property and in this use district because I-. -v' w26-7 f ,a a� ter= ecJ 1 3. The Variance would observe the spirit of the : Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT beco a 130TH /-D,)01--Qt1--� i�'TS iaaGc% �/�e-H-t-+! i� J-lo1-f ' f�aiL/a� �v.a-�.x-rr� APp f STATE OF NEW YORK ) } ss' .................. ...... COUNTY OF / ) Signature Sworn to this ..........n ......,.... day of .... 1��_....... ..........•.... 19 i ............ ............. No cry Public JOYCE M. WILKINS Notary Public, State of Newyork No. 4952246, Su?folk County Term Expires June 12, 3 T(,`W. N OF SOUTHOLD PROPERTY RECORD CARD OWNER- STREET 7 VILLAGE DIST. SUB. LOT 15��rkrc<.s�` ar is o u� !'ego FORMER O NERC , N E ACR. T� / �, OQ W TYPE OF BUILDING v�—d9 9 RES.� SEAS. VL. FARM COMM. CB`. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 6 T J7/a/. 6 H, w4 L7d4Vf q tiv K°e5 ._ '6` E,% wi/y ¥ w d.. iyi�%d .7�h.. .d /c D //0 z-- zp? �..:r�• ! �,/ ' 4 "? _ oao %U �.sO�U i (A�"/,A �` r3451 Z- [.—c] `,�+ �// Q(J tal 7�.t� , 6" 4 �,..G.,.L .� �1 , �i1 �\6:7 kd1{ vl�j �� Ora o Py / zYr00 / •OO(j l0 2a 9 " is 9 ...� 3 91-L 05 51�,)W -7 -. 647217/ - deck gdd '41 cru '44;:50D AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre ValuePer Acre Value Tillable FRdNTAGE ON WATER T6— Woodland FRONTAGE ON ROAD I �� f{ Meadowland DEPTH Cwe v y a f House Plot BULKHEAD Total DOCK M. Bldg. t` - Foundation _- Extension -- _ r3 ,O y 3 se.ment Extension Ext. Walls Extension Fire Place ut,h% I /,?/ S-. 9 sa iS Porch s s L Porch r Breezeway Patio Garage Driveway Q. 3. CIO VlMM Bath /QRS-�----- /� Floors Interior Finish Heat �D— — — — — Attic , Rooms lst Floor Rooms 2nd Floor O QL \ \ 9,? brrnvraAS�A...,_L.Ns AR6AABOV07D1Iw �illsvtT. % EUStITMiitt(758@SDFD - E1DS@1GDEIX3(Rq.4 w 1A15SQFr \ \ ASO _ OS4gL: wn (SW%) P[dIXOS Dvm&IAW - 50.9sQFT ,� 'A 1 'Y• PROPOSWAvorl L' -A3 So - 50015QFt (")%) T6SALYR0P08E LMCOVPAAC6 - 41M% _ AREA _ 4,231 sq. ft. to tie line d \mss' 's - PROPOSED SITE PLAN FOR ROBERT & ANN SHANK SITEPLANWPORMATEONLSBASEDONLA USURVEYOFPROPEM DBLONGWGTO ROBERT&ANN SHANK;ASPREPAREDBYJOHN WT'7.GER OF PECON(C9URVEYORS, PC LS%44d18 DATE. 5/12NB - - SURVEY OF PROPERTY NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NO Y. 1000 - 111 - 01 - 19.1 SCALE 1" = 20' MAY 12, 1998 NOTE, LOT NUMBERS. REFER. TO ° MAP. OF PECONIC BAY PROPERTIES . INC, ` FILED IN. THE SUFFOLK COtNJTY CLERKS OFFICE AS MAP NUMBER 786 FLOOD ZONE A4 (EL. 0) TAKEN FROM FIRM -COMMUNITY PANEL N0. 360813 00940 AUG. 16,1993 NY.S LIC. N0: 49618 98 167 EAST .�1,. END DRAFTING & DESIGN July 22, 1998 1� j r= r� �`.1,? 4' j � Town of Southold Zoning Board of Appeals 11� JUL '2; Z I8 53095 Main Road �: �----------- ------ _ _.E'� Southold, NY 11971 Re: Shank Residence Haywaters Road Cutchogue, New York SCTM # 1000-111-01-19.1 Zoning Board of Appeals: Attached is a copy of the proposed deck plan for the Shank residence submitted for your review. After review and design discussions with Mr. Shank, post ZBA resolution, we concluded that to construct a handicap ramp on the east side of the property would be impossible due to the height between the proposed final grade and the current deck height. Currently the deck is 73" above grade, to accommodate this height, the ramp would run down the east side and then across the front of the house (south). On the attached plan, we have removed the handicap ramp, and proposed a set of segmented stairs with platforms every 4 - 5 risers. Lot Coverage: The total lot coverage of the entire existing and proposed construction is 1,914.62 sq. ft - 90 sq. ft for stairs (3 locations x 30 sq. ft each) leaving a total of 1,824.62 sq. ft or 43.13%. I consulted with building inspector Gary Fish who confirme t e deduction of the 90 sq. ft. fv-� All proposed stairs and deck locations conform with the set back restrictions as set forth by the ZBA. If you require anything further or have any questions, please do not hesitate to contact my office. Thank you for your courtesies in this regard. Very truly yours, raig M. Arm East End Drafting & Design 5130 MAIN BAYVIEW ROAD - PO BOX 1675 - SOUTHOLD NY 11971 - (516) 765-1862 ' � � � � - .l, .: �.' Wil:•. ? _ :.,:.:: �. i►^ t SSW'' July 22, 1998 EAST END 4 DRAFTING &DESIGN Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Shank Residence Haywaters Road Cutchogue, New York SCTM # 1000-111-01-19.1 Zoning Board of Appeals: review. JUL Attached is a copy of the proposed deck plan for the Shank residence submitted for your After review and design discussions with Mr. Shank, post ZBA resolution, we concluded that to construct a handicap ramp on the east side of the property would be impossible due to the height between the proposed final grade and the current deck height. Currently the deck is 73" above grade, to accommodate this height, the ramp would run down the east side and then across the front of the house (south). On the attached plan, we have removed the handicap ramp, and proposed a set of segmented stairs with platforms every 4 - 5 risers. Lot Coverage: The total lot coverage of the entire existing and proposed construction is 1,914.62 sq. ft - 90 sq. ft for stairs (3 locations x 30 sq. ft each) leaving a total of 1,824.62 sq. ft or 43.13%. I consulted with building inspector Gary Fish who confirme the deduction of the 90 sq. ft. the 1—-t % a ,aa.L- M3'-9: , All proposed stairs and deck locations conform with the set back restrictions as set forth by the ZBA. If you require anything further or have any questions, please do not hesitate to contact my office. Thank you for your courtesies in this regard. Very truly yours, raig M. Arm East End Drafting & Design 5130 MAIN BAYVIEW ROAD - PO BOX 1675 - SOUTHOLD NY 11971 - (516) 765-1862 June 16, 1998 Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: EAST ENDL: U DRAFTING & DESIGN I� I LUN I :Z� i Shank Residence L.__._. Haywaters Road Cutchogue, New York SCTM # 1000-111-01-19.1 Zoning Board of Appeals: As per you request, here is a breakout of the square footage of the handicap ramp. Handicap Ramp = 122.5 sq ft (3.5' x 35') Landing at Top of Ramp =14 sq ft (3.5' x 4') If you require anything further or have any questions, please do not hesitate to contact my office. Thank you for your courtesies in this regard. Very truly yours, aig M. Arm East End Drafting & Design 5130 MAIN BAYVIEW ROAD - PO BOX 1675 - SOUTHOLD NY 11971 - (516) 765-1862 7-1 /fir//l/ I =lJl EAST END DRAFTING & DESIGN May 28, 1998 Southold Town Board of Appeals 1 Town Hall 53095 Main Road _ _ -- P.O. Box 1179 Southold, NY 11971 Re: Robert J. Shank 5 Hay Waters Road Cutchogue, New York Dear Board of Appeals: Attached please find six (6) copies of the revised site plan for the Shank Residence. As discussed during the May 14, 1998 meeting, the proposed deck on the eastern side of the house has been eliminated with the exception of the replacement of the 5'-0" x 7'-0" deck and stairs to grade outside the kitchen sliding door. The existing decks (removed and replaced) are as indicated on the site plan. The new plan indicates adding a new deck/platform at the base of the handicap ramp, the handicap ramp, the area/platform at the top of the ramp for turning, etc. and a walkway from the top of the handicap ramp to the new front door location (the new 15.8' x 3.5' living space addition). All lot coverage calculations are fairly accurate (within 1-2 sq ft) and are indicated on the site plan. Thank you for your time and consideration. Sincerely, /raiggM. Arm East End Drafting & Design 5130 MAIN BAYVIEW ROAD - PO BOX 1675 - SOUTHOLD NY 11971 9 (516) 765-1862 :F.• so-:: Y+';':-"•::o•.r.,,y. - - '. a8 •...,�.t. ,i� >"s"-:�;l tii.,'+4:':: - - ..cF. ., "i Vis:'. •J"' - A� AN -�� V° �� �0 •0,0 \ , 0 6' S �.0�'t g• \o 17 O x'`901p. j'$O °'���`'�t�2 O� PROPOSED SITE PLAN p °!�_ 'c! °� �ra'` `�a�¢ o s� FOR y'. o, o ,� �m� •,;'e \ •mss. ROBERT & ANN SHANK SITE PLAN INFORMATION IS BASED ON LAND SURVEY OF PROPERTY BELONGING TO ROBERT & ANN SHANK, AS PREPARED BY JOHN MMGER T. A OF PECONIC SURVEYORS, PC LS#49618 DATED: 5112/98 \ � '�� 60 i •� .) �''�c'-o Q6. •"tin SURVEY OF PROPERTY AT ii1TCOV>c?AGF "ALC 4r \ :,/1RFAAB09E11TiT:iI7E 4z31 SQFI NA SSA U POINT FJQSI7NC IiOiJSE dt SFIFD 1,015 SQFT' � ) 693SOFT \ TO Vt/N OF SOUTHOLD 1,698SQFT (40.13 PROPOSED DECKS&RAW 304.9SQFr '� 'p _ - J SUFFOLK COUNTY, NO Y. PROPO®ADDITION 55.3 SOFT , M02SQFT (85 1000 — 111 ;' 01 — 19. TOTAL PROPOSED LOTCOVSRAGS - 00% SCALE 1 — 20 I,;,_ CilMAY 12, 1998 Lor foverrllUE = 24-7, ` MAY 2 8 J�qa AREA = 4,231 sq ft to tie line L -- NOTE: ANY ALTERATION OR ADDITION TO THIS SURVEY 1S A VIOLATION LOT NUMBERS REFER TO " MAP OF PECONICc�Vit• METZQ OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, BAY PROPERTIES . INC. ' FILED IN THE SUFFOLK �' EXCEPT AS PER SECTION 7209-SLWVISM 2. ALL CF_RT/FICAT/ONS COUNTY CLERK'S OFFICE AS MAP NUMBER 786 HEREON ARE VALID FOR TMS MAP AND COPIES Tf EREOF ONLY IF SAID MAP OR COPEN. Y. S. LIC. NO. 496/8S BEAR THE IMPRESSED SEAL OF THE SURVEYOR C ' / /� WHOSE SIGNATURE APPEARS HEREON. t� S YORS, P. C. ADDITIONALLY. TO COMPLY WITH SAID LAW THE TERM ALTERED BY' FLOOD ZONE A4 /EL. 8) �. MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPYTAKEN FROM FIRM -COMMUNITY PANEL NO: �;� 65 16) 20 97 5 = OF ANOTHER SURVEYORS MAP. TERMS SUCH AS "INSPECTED- AND 16 D AUG. , 3608/3 00941993 `r 9 'BROUGHT -TO -DATE' ARE NOT /N COMPLIANCE NITH THE LAW. 50� ELER STREET D, N. Y. 11971 98 167 4"i �"� . .•" _ a w �` s. tis. �.; 1 � .„. Vol- IV __MEOW �L.,- ll� A- E r J • 01C ry -. 4k -Ski- -7 41 4k -Ski- �' ys N �1 .� A• `i �' r'• AM _ 0.44kqr .� I �.fw � r ,.. I t-7 S ld Town 'Board of Appeals -16- February 2, 1988 Special Meeting ,�Y��DELIBERATIONS%DECISION Appl. No. 3676: Application of ANTHONY ROBUSTELLI for Variances to .the Zoning Ordinance, Articles: a III, Section 100-31 as to insufficient rear yard and side yard, and (b) XI, Section 100-119.2 as to insuffi- cient setback from bulkhead and ordinary highwater mark, and (c) .III,.Section 100-3.1 as to excessive lot coverage, for the proposed construction of a deck addition, at premises known as '5 Haywaters Road, Cutchogue, NY; Lot 23 and part of 22, Peconic..Bay Properties; County Tax Map District 1000, Section 111, Block 1, Lots 19 and 18. The Board deliberated and took the following action: WHEREAS, a public hearing was held on December -10, 1987, and recessed as requested by applicant until January 14, 1988, at which time the hearing was concluded in the Matter of .t,he' Application of ANTHONY ROBUSTELLI under 'Appl. No. 3676; and .. WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation'submitt.ed concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is known and referred to as Lot No. 23 and part of 22 on "Map of Peconic Bay Properties, Inc." filed as Map No. 786 in the Suffolk County Clerk's Office on April 15,-1931, and is shown on the Suffolk County Tax Maps as District 1000, Section 111, Block 1, Lots 19 and 18. 2. The subject premises was conveyed to Anthony and Francesca Robustelli on December 5, 1986 by Deed at Liber 10228 page 117, having a total area of approximately 5,000 sq. ft. with 100± ft. frontage (lot width) along the north side of Haywaters Road and 100± feet.along Haywaters Cove. 3. The premises is improved with a one-story frame dwelling having a floor area of 848± sq. ft. and is more particularly shown by copy of survey dated August 20, 1976 Southold,Town Board of Appeals -17- February 2, 1988 Special Meeting (Apel. No. 3676 - ROBUSTELLI decision, continued:) prepared by Roderick VanTuyl, P.C. It is noted that the survey also depicts the northerly lines as shown on the filed subdivision map of Peconic Bay Properties to be extended; north of the ordinary highwater mark. 4. By this application, appellant requests permission to construct an open deck of a size 9'x 41'6`x 1'5' from the rear of the dwelling to the inside of the existing bulkhead as shown on the sketched copy of a survey prepared by Roderick, Roderick VanTuyl, P.C. surveyed August 20, 1976, and Builder's Drawing #1051 dated May 9, 1987. 5. Article III, Section 100-31, Column "A" of the'Bulk Schedule of the Zoning Code requires minimum sideyards at 10 and 15 feet, rear yard setback at not less than 35 feet, and total maximum lot coverage up to 20%.of the total lot area. 6. Article XI, Section 100-119.2(8) requires all buildings and structures located on lots adjacent to all water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet 'from the ordinary highwater mark of such tidal water body, or not'less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is the greater distance. 7. The deck construction is proposed to built within the 8± ft. area between the north (rear) side of the dwelling, the easterly side line, and the existing bulkhead. 8. It is, the opinion of the Board that the construction of the deck in this area would aid in the prevention of erosion behind the bulkhead. In considering this appeal, the Board finds and deter- mines:. (a) the relief requested is substantial in relation to the setback requirements, although the existing structure is substantially deficient in the setbacks as exists; (b) the circumstances of the property are unique, particularly due to its nonconforming substandard size, width, depth, setbacks, etc.; Southold.Town Board of Appeals -18- February 2, 1988 Special Meeting (Appl. No. 3676 - ROBUSTELLI decision, continued:) (c), there will be no increase in population density resulting from the grant of this variance; (d) there will be no change in the character of the. area and the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the Town; (e) the conditional granting of this variance .will not prevent the orderly and reasonable use of adjacent._ properties; (f) the practical difficulties are not self-created and there is no other method feasible for appellant to pursue other than a variance; (g) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be,served by' granting the variance, as .noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to _GRANT the relief requested in the Matter of the Application of ANTHONY ROBUSTELLI under Appeal No. 3676, for the construction of a 9' x 41'6" x 15' open deck, SUBJECT TO THE FOLLOWING CONDITIONS: I. The height of the top of the deck shall not exceed 18" above grade or the height of the inside of the bulkhead, whichever is greater, but in no event shall the deck be constructed over the existing bulkhead; 2. The deck construction shall be planked to the bulkhead vertically and—properly secured; 3. The.deck shall not be enclosed or roofed and shall remain open, as applied; 4. The deck construction shall be placed within the ,perimeter.of this property only and shall not extend onto the neighboring property. .Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent.) This resolution was duly adopted. 6P Page 35 - Hearing Transcripts May 14, 1998 - Board of Appeals 1�) K(�f P --i S 8:16 P.M. - Apple. No. 4560 - ROBERT AND ANN SHANK (Carryover hearing from April 16, 1998 for continuation) . 820 Fisherman's Beach Road, Cutchogue; 1000-111-1-19.1. MR. ARM: I'd like to bring up some copies of the new survey which we actually got today, actually a copy of the survey of an existing one plus then I did what we're proposing on the new. On the new survey, it indicates John Metzger, Surveyors, did an existing lot coverage in the existing areas of the tie lines which was asked for which the area is 4,231 sq. ft. The area of the property, the tie line is 4,231 sq. ft. of which currently just to have because the exisiting decks that were there are now removed so you couldn't go through that in the survey, so the existing lot coverage currently is 44% of the above water area. CHAIRMAN GOEHRINGER : That's upland area? MR. ARM: Upland area. The existing decks when I originally went to 'the house, I done measurments of all of the existing conditions which total 664 sq. ft. (inaudible) originally before they were removed and that put the total lot coverage of the upland area at 40 The proposed decks of the handicap ramp and the new addition as indicated is another 439 sq. ft. of new which also encompassed 36 sq. ft. which was part of the existing, of the existing porch which is to be removed. The new total proposed would be 50%. CHAIRMAN GOEHRINGER : Alright, what's the acutal size of the handicap ramp? MR. ARM: The handicap ramp is approximately 3-1/2 feet wide by I believe it's approximately 36 ft. long. CHAIRMAN GOEHRINGER: 36 ft. long, alright. MR. ARM: The increase in the deck on the front yard of the road side, a lot of that actually is a necessity only because when you have the ramp that comes up, facing an area of the top of the ramp to carry through. The other part of the deck that goes down the side which we would like to do to continue down and join the rear deck, before they wore removed, there was a platform that was raised to accommodate air conditioning unit, there was also a shower, and partial patio and partial walk also, which has all been removed. So, really the side deck, is really more or less to accommodate what was removed before it was upgrade which now that the house is raised it really isn't any other way to do it. Also, enclosed in that packet of information that I have, is a letter from Mr. Shank's attorney, indicating what is actually deeded to him which includes old lot 22 as well as part of 23. I'm sorry lot 23 and part 22 and there's copy of the subdivision map also and that's even reenforced r Page 36 - Hearing Transcripts May 14, 1998 - Board of Appeals by the title company who also states that it is stated that it is part of his deeded property that includes the underwater portion of the property as well. The town has that area assessed at .27 acres which is what I discussed at the last hearing. If you use that as the means for lot coverage, the total with the new proposed is only CHAIRMAN GOEHRINGER: That's not an accurate figure but I agree. Alright, the question I have is then, of the decks that would be replaced, what can you eliminate to give us back lot coverage, and that's not a decision' that you necessarily have to make tonight, but, it's something that we have to discuss. We can recess this hearing, you can speak to Mr. Shank and then you can come back to us in a little while. Do you have any questions on that Mr. Shank? By the way, I just want to say, objectively we do appreciate the survey, it's the first one that's been done since 1976 and we at least know where we are at this juncture. I also on Sunday evening, was down to the house. It looks good with the foundation done so on and so forth. Now, we go back to the bad part and what can you eliminate to bring the lot coverage back up and I'm not talking about the handicap ramp, which I am referring to you know, any deck areas that are unneeded or with some deck areas that are unneeded? MR. SHANK: I guess if you go down that side line you saw that there's only 8 feet on the one side of the house. So, I don't know if I can reduce that to say 5 feet, there would be such wasted space because the bulkheading is right there. So I don't know what's in your mind on how much you would need to be reduce. If you can give me a figure, maybe I could tell you better accurately, but, - CHAIRMAN GOEHRINGER: Well, you're seriously over. I mean there's no question about it. We have to discuss where we can eliminate and as I said it may not be an issue that you want to discuss tonight. It may be an issue that you want to confide with your wife and go back. I have to tell you, that it is a great, great, asset having this draftsman here with you. MR. SHANK: Right, thank you. CHAIRMAN GOEHRINGER: Because not only is he a great individual, but when you ask him specific questions, he knows exactly what the answer is. MR. SHANK: Right, I know that. CHAIRMAN GOEHRINGER: And so that was a great assistance. MR. SHANK: Yes, anything you ask for, the Building Department, the attorney, he just draws. When the Trustees had wanted the drawings for the permits, he just goes right back and draws them. He is great, I have to say that. I don't really know that I can eliminate anything very honestly because the house is so small. It's only 850 something sq. ft. The whole thing is just you know, that 0 Page 37 - Hearing Transcripts May 14, 1998 - Board of Appeals the picturesque site there. There was only a deck across the back, you come out the kitchen door, there was only 5 feet of deck out the kitchen door. From the house to the bulkheading is 9 feet and 1/2 feet or 9 feet, how much can I eliminate, a foot around? I don't know that you know, the draftman would like to do that in a design. You know I don't know what it would look like to show that much space around the house with decking. CHAIRMAN GOEHRINGER: All those decks are nonstructural, is that correct? They're all going to be light boltened in. MR. ARM: Yes, with the exception of the one beneath the sheds, or (inaudible) where the sheds were towards. CHAIRMAN GOEHRINGER: Right, yes, I saw that. That was actually lit on Sunday, early Sunday evening when I was there. MR. SHANK: Actually I think, seriously over is correct, if you don't consider the underwater land. All of the deck that was there, was just there. The only thing I think that we're trying ask for is that 3 foot ramp, so I can get from the front door. CHAIRMAN GOEHRINGER: There's no question about that. There's no-one that is going to refuse you a handicap ramp when you are in need of a handicap ramp, there's no question about that. MR. SHANK: Thank you. If you could see from the front door to the side where the shed is, there's only 2 feet where you can put like stairs to get up to, you know, the problem arose because of the rise of the house, otherwise all the decks were basically pretty close to ground level or a foot or so above. CHAIRMAN GOEHRINGER: Alright, let's go back to the original plan quickly which is the large plan which was done. When I asked the question structurally, on the west side, that is all structural deck that will be replaced over what you referred to as an enclosure now, because that's enclosure is that correct? You have a full cement block wall. It's a double sided cement block wall on that side. MR. ARM: That's correct, yes. CHAIRMAN GOEHRINGER: Alright, I assume that deck is not going to penetrate through that. That's going to be a roof underneath that so that you're going to use that for storage or something? MR. ARM: As to the existing that's where his water tanks are. CHAIRMAN GOEHRINGER: That's where your water tanks and all the rest, alright. So, that 8 feet, is that 8 feet correct? MR. ARM: That's approximately. It's just actually a slight bit under 8 feet, it's about 7 feet. A Page 38 - Hearing Transcripts May 14, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: So, the plus or minus is accurate there, right? MTR. SHANK: That's on the backside on the waterside of the shed. CHAIRMAN GOEHRINGER: No, we're talking on the west side of the house. MR. SHANK: Right. Right, from the shed right to the where your depth water, it's only 2 feet. MR. ARM: It's 2-1/2 feet from where it shows to the broadwalk. Just sufficient space to access the shed. MR. SHANK: That's where the bulkhead ends and then the natural, that's a problem even in design, how we're going to get to that. I don't know if we can eliminate anything there other than not being able to walk up and down or around the house at that point because of the height.' CHAIRMAN GOEHRINGER: Let's take the one on the waterfront itself. That's the same width approximately, just under 8 feet? MR. ARM: That actually, the existing was about 9 feet to the existing. CHAIRMANG OEHRINGER : And you cut it back to approximately 8 feet, plus or minus? MR. ARM: We're going back to 8 feet. CHAIRMAN GOEHRINGER: 7 foot, 9, 7, 10, and the same situation where there was no deck on the east side, north east side that's 5 feet as proposed? MR. ARM: Yes. CHAIRMAN GOEHRINGER: So, really in an immediate loss if the Board wanted a loss, would be the part that sticks over all the way to' the property line. MR. ARM: (inaudible) CHAIRMAN GOEHRINGER: Yes, on the north east side? MR. ARM: Towards lot 24? CHAIRMAN GOEHRINGER: Towards lot 24. That could be removed, right? Is that correct Bob? That's a cantilevered, right? R. ARM: No, not all the deck is going to be raised. CHAIRMAN GOEHRINGER: I meant, when I say, it's almost like a peninsula deck? Page 39 - Hearing Transcripts May 14, 1998 - Board of Appeals MR. ARM: Yes. CHAIRMAN GOEHRINGER: Yes, I mean it's freestanding, it's not structural? MR. SHANK: That's the nicest part of the whole thing. That's where my picnic table is. There's only one place you can put the picnic table because with chairs there, the deck only being 8 feet, you just can't put, that's why as long as I'm living there, that's the only place you can put the table, even when it was on ground. So you know you really can't have chairs and you know, 6 chairs and around any other place on the deck you couldn't walk around any other place. You know what I'm saying? If I was to take the table with all of the chairs in the middle you just couldn't walk around it. That's why it was off to the side there. Craig you know., originally on one of the drawings eliminated that and I said, no Craig, that's where I sit. CHAIRMAN GOEHRINGER: Well I understand that, but, it cannot go to the property line. MR. SHANK: It was there you know, right? CHAIRMAN GOEHRINGER: I know it was there. But, it cannot go to the property line. So, you have to tell us how far back it can be cut back from the property line, because we never grant decks to a property line. It's never been done. I'm not saying you know, just give us a figure. I mean it doesn't have, sit down, work it out, we'll come back and five minutes tell us what it is and then we're going to require another field inspection. We'll go back there, take a look at it before we make a decision with the new plan, with the old plan and see what we have and we'll have a special meeting probably in approximately a week or so, but tell us where you can cut that back. 16 inches, 18 inches? MR. SHANK: I would say, if I would have to cut anything, if I would have to cut anything, honestly I would just prefer the where the shower and the - CHAIRMAN GOEHRINGER: Oh, that whole east side there? MR. SHANK: Yes, because it would be ideal, let me put it this way. It would be ideal if you can walk around the house. CHAIRMAN GOEHRINGER: Right, right, you mentioned that. MR. SHANK: Otherwise I'm going to walk down 10 steps to get to the front and then walk up 10 steps to get to the front door. But, if that's the decision then, that's what I have to do, that's what I'll do because there's a door there, the kitchen, the slid door is right where that you know, the table was, and on the other side is where the other door was and the front is where the front door is. So, I would just say, let me get stairs down to there and then just a �r \ 110 Q°� �. 0 - �• T'\ � O \ Q 57 ms's c� 0 4- s� o _ lez— Vi I_o r cw.SZAt�E - 45SZ- kCZ�KI pGc7�rc Ti, 1a1 1E O o Lorc vvC/GAS C to 15 -rdrAL- - 1-I07o bb'i sca. FT - 'rdrAl� PfLoQrx�O �t-O°7o P2oPo�v r.�Et,k,.g.k _ .= /L93.7 sca. F`r � \ �i-V PaSc9 Q.E1NnQ 1 2(o 5 o . PRoPosEDioN = 55.3 so. cr AREA - 4,231 sq ft to tie line ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM "ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS INSPECTED- AND 'BROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. 'Q -C` \ '<Fo \ \ oc� \ �0 NO TE: LOT NUMBERS REFER, TO " MAP OF PECONIC BAY PROPERTIES . INC. " FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NUMBER 786 FLOOD ZONE A 4 (EL. 8) TAKEN FROM FIRM—COMMUNITY PANEL NO. 360813 0094D AUG. 16,1993 dor cwaia� as Pte_ cd -o ,. \\,-730 SURVEY OF PROPER T Y AT NA SSA U POINT TOWN OF SOUTHOLD SUFFOLK COUNTY. NO Y 1000 - 111 - 01 - 19.1 SCALE 1" - 20' MAY 12, 1998 0/��Oti t.FnnFrj��'P'P F.S. LIC. NO. 49618 P. C. 151. P. O. 1230 TRA LER STREET SOUTHOLD, N. Y. 11971 O Q 7t^ 7 MAY -01-98 11:29 AM Rudolph Bruer .► J Rudolph H. Bruer ATTORN BY AT LAW .5NW MAIN ROAD P,O. BOX 1466 SOUTHOI.D, NEIN YORK 11971 5.16 765 2752 U. (516)765-12;Z Fou (516) 765.2792 Email: CPL1EST@lx.netcum.c0m YL� F6CSJN1L : April 22, 1998 RB: Land of Robert and Ann Shank To Whom it May Concern: I represent Robert J. Shank and Ann M.. Shank, residing at Haywater Read, Cut.chogue, New York. The deed to their property encompasses Lot #23 on a subdivision known as "Subdivision' Map ofPeconic Bay Properties", as well as, pall of Lot #22, it is my opinion that they arc the fee owners of the land under water encompassing Lot #23, as well as, the up land, '1'he•Shank's property and more (Lots 22 &c 23) are shown oil the attached survey. A copy of the subdivision map is also enclosed. Sincerely, Rudolph H. Bruer RtBlrnmm enc. P.05 r VL V w m LL r A Y E R 5 C Ij E � P F.r•1-----T Lo N19 4 2c i 21 _ 1 z2_..-' '23 •! ZS ? 25 1 Zg I 27 I 28 0 30 33 �S q S � �7 �, f6 � � �S za ez cz cz � � s+• c n- R, 15 f,� 4i 10 9 1 B t •l '•i y p' I 6 5 '. 4 ♦c_Q I I . iiI �, a 1 _ �� f 1 I 1 � '4 1 •� 1 w, �, i 7.11 is •a L TT - 0 g C' 0 p R c z ; a' SUBDIVISION MAP N PECONIC BAY PROPERTIES. 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Wrb—odarildW,1101beGonsiyaKn - - .- 1-1 X9 2 V6�d .YIIe cm - t Cwranlb11esi} as lr4cmfpd heroon sh- r ' c'''+11n Uta parsau br whom 1;'�• _:�v_ '• fs f=r0pered, a:.�:zt hls Ccl�.-:! :- -ha - - - - - tllexmy:ry,gz•��cr2:+rt-r-• .:xy - ' . .. /t-�. 1 � /` rw� +e'er, /�'7 � / L - +e2,,'1i1g irs;ku;i.a .k7:.;a 1._ � ; " -J r • '- N � '/-i � ` Y t•a► � � { L6. ✓ � O Y Fir• 10. a:_ ec�, oP:i. f 4•r.� ;, :i- - • • '•� ' F - %D fT OOCK Ll: -T Z3 i N �;lulzv6y6D Q�pt ¢�BULi(Ili�1�p : 1VMaBE. ,tl 1f tts,lac a,o Q t�'T L C� oQ N F¢. UOU`-s4. . 0 *. a ,i. 48 •p� X6.9 7 a 1 S !.� L `% ° 14 A �/�`' `y �r �7 Nct 48.0 k �' •�- �_ T• ,� �. S� • spy t 0` iY VA . ; . � - j TrT�E t�0_ F686b55 N4lmcIIS, 6 -- 0� 9LNFk!. _ CfU&lZA JT&kD TO TWU C.a�c v�T4-s Ci 1iUJGE�' OE -C. A, lCj9: � I-A?4O TITLE- U44,L ZANCE C:oMpAW-y AND m . coo < To THE Nc TA,4 F�cV- P.1.AI�G m " .� 4 i * <<Y * 45 F7uuv6y6D : AUG. 2v• 1176 _LO'T uuMac !y �i3o%vtj 12s F612 .7o." r'., wa►� �° �(JU �t 11C_ V,D�J WY(�,�, ,p : Y� _ . 4F i1rGpUiL. lSp� _Po'ilfitji 6 , i I•IL.•'"��_t, s7;9Fa b�P Qv_;:-;,-1�►1-��4-�tt�'�41.K E�'U'iaTY GE_�tz.K'�i O��' �LE_� awwa - t E TA+� 1,A pp 1JUµ:� ffir� f "zxJcco.TAX-fAAF--WQ.*.W�o-is}-•I-suss: !�¢ :�UP'cju.T. fJ �O2iL .• 1 AAY—e L 1—VW 11:2? AM RudOrah Hruar s16 76s 2752 P. o2 S-RikilN,Y.I,1'.lt.FwmIUCI bill il'iInd$,ltPnd,wiiI,Cu,hoe,100011tlutwo Heli-I4,1di,itLit CugsiniooffiaihShrr,) CGNIUhT Yc WY111 81#008 SIGNING TNII INITNUMIN1—THIS INITNUMINT 1 01 1611111111 iY LAWYIIIS ONLY. TH5INUFAITURE,modc Ilse f 4 day of Januilry ainetecu-hundred an,l ninat:y-four - - BETWEEN URANCESCA ROBUSTcl.l.f, reniding it 118 Iiovere Road, Manhasset, New Ynrk J, fN. 41i w t F''! party of the first tout, and ROBERT S11AN1C and ANN S11ANK, "esiding'at llh Naywater Pond, Cucchoque, N.Y. " A party of the second part, WITNMET114 that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, dots hereby grant and release unto the party of the second part, the hefts or successors and assigns of ilia party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and huprovemenu thereon erected, situate, lying and beingim4he at 'Nassau Point., Cutchogue, Town of Southhold, County of' 5•uffolk and State of New York, known and designated on a certain map entitled "Subdivision Nap of Pecanic Bzty Properties, as Lot Number 23 and part of Lot 22, being more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Haywaters Road where the same is intersected by the: westerly gide of Tint. Number 24'on thee above mentioned map; RUNNING THENCE along tale northerly side of flaywaters Road the following two (2) courses and distances; 1.) North 54 degrees 50 minutes 10 seconds West 48.03 feet; 1.) North 40 degrees 00 mintttes 00 seconds West 51.97 Leet; THENCE North 30 degrees nn mintltesl East 34 fent more or lass to the ordinary hi.gh Water mark cif. fldyWatars Cove; THENCE easterly along the ordinary high water mark of Haywaters Cove 100 feet more or leas to the westerly side of Lot Number 24 on the above mentioned map; THENCE ,along the westerly side cif Lot Number: 24 on the above mentioned map South 30 degraes09 minutes .50 seconds west 60 feet mors or less to the northerly side of lfaywaters Road at the point or place of beginning. SAID PRXMT.SES being known as and by 5 Haywaters Road, Cutchogue, N.Y. Grantor herein is the same person as grantee in deed dated 3/7/88 and recorded in the Suffolk CounLy Clerk's office oro 3/23/813 in Liber 10567 page, 594, .. 'I'I,IGF:'1'll!Sli Wi'1'!i i�l.l t•ighL, 1.111c 13113 lntarcrir, t; any, of the »rCy ut Chtt first part Sold hs Sud to any and all lnnda under mnrer ad,jne tit Co the a )ject premises. • OGI-THrli with ails light, tills asst iutrtrst, if any, of the party of 111t,forst irut ill and to Lilly slrcLis and rinds abulling Ilia a1Mve described piewises to it. ceatrr linea rhr.rtnf; TOGL't IIGR with the a tyurtenances and all ilia rsttde and tighli of 111c patty of the firA poll in aurl IL? said prentiseit TO HAV1r. AND TO HOLD ilia premises hcreia granu:d urdu the Party of the second !)art, Clic heirs or succcssors and assigns of the party of the second part forever AND the party of liar fusl part rovenanu tlutl the party of the fist part has not duce or sufferc.l anything whertdlyy the said Prerrlisas have !,cell eacuorhered in any way whatever, except as aforesaid. ANI) the l,atly of the first pail, h compliance with Scaion IJ of the 1 •ien LAW. covenants lint the burly of 4he fust part will receive the consideration for this uutvcyvtec and will hold Ihc right to receive such consrd• eration as a Irnst fund to Ill: applied first far the Inirp6ie of paying the cost of the improvonent and will apply Ilia same first to the 1mymrut of the cost of the haprovenicot before using auy part of tare total of the stone for any AlAc"F•ev Act ill" i 11' TheltiY{jfc�t;;pmi Y'4 haflrUP'l!tti xlrocd Us if it read "partirx" whatever filesense of this indenture fin requires, IN wil'�1F�5,,{ EOF, the parly of the first part has duly c=utcd Ibis decd flue clay and year first above written," ler,1' aNet: ort � h'AY-14-9e 11 -As AM Rudo I Ph Br uer S16l 765 2752 F.. Os • ••w (rig Y.. .V - �' .•l, p, P CONIC; r�Lx -T, INC. 408'OSTRANOER AVENUE PO. BOX 1267 AIVEAHEAD, N.Y. 11901 (616) 360.0222 FAX (� 16) 369-4026 May 8, 1998 Rudolph SrU@Y, Esti. Mi ..n- Road -- Sou;tholdI N Y. 11971. ��. AF:: Title NW[rber F 68 6, 6'55 Rnhert J. Shank and Ann PI Shank 1000-111._1-019.001 D.Bar M,t s Bruer: pursuant to your inquiry concerning the above >refer<nnced property:, pleasee"be advised that the owne«shi.p es stated in deed cover all of lot 23''and part of lot 22, hovever, ' this Company wrote 3 metes d�1!� boUnde3'4eacription ba.s�od on 13urveY by :tederick van tuyll 'dac.0d last .12/8/93 and aL'tached 'hereto, as You ate aware this at dcrintion did not necessarily cover d11 of the premiae.s owned by L111L abovra buC. merely the upland portior. of the prenise-s as title Companies da no, insure land under water'. This is further doCumented by the Toul'ls -ecoc.ds wt]ich assesses thi:l property as .27 acrea whereas aur descripti,o,n. -merely cover ; �1�J�.1G�ic.l�tldl.ely .13 scree. $hculd you have any farther queztlon:s recjarding tho above m&tter; ' " plerlse feel fr.ea to contact theundersigned. _... _ a'nne Anstett ` t Efice Manager JA '•I enc1. ' a Ar -.P c-St-NTINC C,',)MMONWEALTH LAND TITLE INSURANr� COMPANY " L0 3Jtld SOAS ADH3N3 1lV13N 0L'EE-SLG-81L ZE:80 8,661/ZL/!90,` 6-1,4-1998 1:09AM PULMON'ARY'MEDICIN£ INTERNAL MEDICINE FROM. DRS. RJH, I AG. ZB 212 y 260 8391 P.: 1 IRA A. GOULD, M.D., P.C. 24.7 THIRD AVENUE, SUITE 401 _ NEW YORK, NY I0010 To Whom It May Colic ern s Mr. Shank is under the care of Ira A,.-Oould, M.D. since February 2, 1996 for the following: Pulmonary Asbestosis, Asbestos -Related Pleural Disease, Chronic Irritati.ve'8ronchitis• and Rhinitis and Chronic Obstructive Pulmonary Disease (Asthmatic• hype) The above stated conditions put undue strain on Mr. Shank's pulmonary capacity whenever he exerts himself (ie. climbing' stairs). He has been advised to avoid any form of exertion, pulmonary6-offending agents, crowded conditions and inclement weather and extremes of temperature. Therefore, any modification to Mr. Shank's premises for the purpose of easing access would be extremely beneficial for him,. Sincerely, Ruben Velinov, Office Manager for Ira A. Gould, M.D. NOTICE OF HEARINGS. SOUTHOLD TOWN BOARD OF APPEALS . THURSDAY, MAY ' 14, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town : of Southold, the following applications will . be held for public hearings by ,the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MAY 14, 1998 at the time noted below (or as soon thereafter . aspossible).: 6:45 p.m. Appl. No. 14565 - STEVEN ZUHOSKI. Variance under Article XXIV, Section 100-244, based upon the Building Inspector's March 30, 1998.. Notice of Disapproval. fora proposed garage addition with an insufficient side yard setback at property known as 1090 Gold .Spur Street, Cutchogue; 1000-95-4-18.12. 6:50 p.m. Appl. No. 4566 - FRANK BEkTETTO. Variance under Article XXIV, Section 100-244B, based upon the Building Inspector's April 7, 1998 Notice of Disapproval for an' "as' built" garage, addition. Pending building permit ' No. ' 24632Z was., issued 2/3/98. Location 'of Property: 695 Shore Drive, Greenport; 1000-47-2-18. 1. 6:55 p.m: Appl. No.. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III, Section .100-33, based. upon -the February 10,' 1998 Notice of Disapproval 'issued by the Building Inspector, to locate a proposed accessory -garage in an R-80 Zone District in an area other a Page 2 - Legal Notk Hearings for May 14,`1998 Southold Town Board of Appeals than the required rear yard.' Location of Property: Along the easterly Side of South Harbor . Road (also extending near the end of Grange Road) , Southold; 1000-75-4-22.6 (formerly parcel of 22.4) . 7:00 p.m. Carryover Hearings from March 23, 1998: . T. PETIKAS. Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Road and the Northerly Side of North Road, (C. R. '48) (a/k/a Northerly End of Main Street), Greenport; 1000-35-1-8, which requires approval from .the Board of Appeals for .the following: a) Special Exception Application No. 4525 as provided by Article III -A, Section 100-30A.2 for a two-family use/occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and c) fence in excess of four -ft. height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. 7:10 p.m. Appl. No. 4560 - ROBERT AND ANN-- SHANK. (Carryover hearing from April 16, 1998 for continuation) . 820 Fisherman's Beach Road,. Cutchogue; 1000-111-1-19.1. 7:25 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. This is a request for .a variance based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: Page 3 - Legal Notic Hearings for May 14, 1998 Southold Town Board of Appeals "...1) • the proposed structure being located in an LIO District' is" permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 feet facing Rt: 25, Article XIII, Section 100-133C; 2) -When fences are located' in ' or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B...." Location 'of Property: 74610 and 74500 Main -Road, Greenport, NY; 1000-46-1-1 and 2. 1, combined as a single lot. The Board of Appeals willat said time and place hear any and all persons or representatives desiring to be heard in, the above applications or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review, during regular Town Hall business hours (8-4 -p.m.). If you have questions, please do not hesitate to call 765-1809 . Dated: April 20, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS .GERARD P. GOEHRINGER, Chairman by Linda Kowalski 7:10 p.m. Carryover Hearing from March 23, 1998: RIVERHEAD BUILDING SUPPLY CO. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has°been published in said Traveler Watchman once each week for ........................................................................ weeks successively,' co mencing on the . ....... dayo ................. ............. .. ........... .........��... ....................................... Sworn to before me this ......... J.........day of ............................................... ,19../. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Cau�y Commission Expires YIP 3.1198 L o��:sigm sem. :: l 14f 35 -i 7 1;ggueb rl.,�,Ins�ect tice_of wre, er{ ra RK ss: being.duly sworn, says that n Coordinator, of the TRAV- a public,newspaper printed Ik County; and that the no- n'nexed is a printed copy, in said Traveler Watchman r 3J i ..................................... weeks fencing on the .................... ................ .19....... this..........................:'day of ................................. .19....... :ary Public EARA A. SCHNEIDER PUBLIC, State of New York No. 4806848 ified in Suffolk -County /_ Prop o5 eh cD W &u.I'k iv c, NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN, BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: ROP�E1�T t At N ShAnlK DATE OF PUBLIC HEARING: lqqp 7:36)am, If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the clay of the hearing during normal business days between the hours of S a.m. and 4 mm. BOARD OF APPEALS TOWN OF SOUTHOLD • (516) 765-1809 �1 � OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516.) 765-9064 fax. ++++ . .1. ' ' '- • .-111++++++a 1 1 a 1 1 . • • •4 ++++++++++++ ! I I 1T+++++++++++++++++ - March 27, 1998 Re: ZBA Application Hearing Date: Thursday, April 16, 1998 Dear Sir or Madam: For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the L. 1. Traveler newspaper. Under the requirements of Chapter 58 of Town Law, we are requesting that you send a copy of this Notice with a copy of a sketch or map showing the area involved, at this time by certified mail, return receipt requested, to the all surrounding property owners. Please include your name and telephone number with the mailings. The mailings must be postmarked by 4/2 if possible, and be forwarded to all owners, as listed on the Town Assessment records, of vacant or improved lands across streets and along all boundaries of the subject lot. Please also post the enclosed Poster in the location described by Ch. 58 of the Code (that is, within ten (10) feet of the front property line facing the street, for a period of not less than seven days) . The sign may not be posted later than 4/9. If the sign is torn or removed due to adverse weather conditions, let us know and we will provide another. The Affidavit of Mailing and Posting, with certified mail receipts (postmarked by the post office) attached should be returned not later than the hearing date. The return receipt green cards should also be returned at the hearing. Page 2 - Instruction LL -.,.,-r Meeting of April 16, 1998 Southold Town Board of Appeals If you have questions, please feel free to call. Very truly yours, Linda Kowalski Enclosures AS400/1nag.98/appl.ln BOARD OF APPEALS : TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of 1 (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING AND POSTING I, ,residing at 1(075 Ocxx4-Y C.aA=_2-_A7- New York, being duly sworn, depose and say that: 1) On the I- day of 199F, I personally mailed, by. certified mail, return receipt requested, a true copy of the attached Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of • the Town of. Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested . (attach post office receipts here) : Name of Surrounding Property Owner Mailing Address r EMMAS - Ajc- looa-t►1-�-2� SCi'� � l000 -111-l-30 JCh�^f�rt C�o�a Po Fx'f I W12 � G.�T�f-lotzvt; � µ`l' U`13 S A* and, 2) On the day of AM rr 199f, I personally posted the ,subject property identified as District 1000, Section 1 i � , Block . t , Lot 10).) by placing the Town's official poster ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in p ac for seven full days prior to the subject hearing date, which is LAI.ib 199& Sworn to before me this (signature) Q day of v- _ 199 g— y, / .Q (� SElEic, St le of NE 0 �,,, p � �6�oi..� Public, Mate oa i�®�rsVark IVo. 4951364 Notary Public Qualified in ZuffcUc County Commission Expires May 22, 19 Z_ **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 - 4 p.m.) Thank you. `r § 58-1 NOTICE OF PUBLIC HEARIr, Chapter 58' NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. § 58-1 [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in 'the official newspaper within the period prescribed by law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of ' the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the "property line. The sign shall be. displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that s/he has complied with this provision. C. By, requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTHOLD CODE 158-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date of the initial public hearing on 'the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall. file an affidavit that s/he has complied with this provision. . 0. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER �o�®SUFFo�,��oG CZ COD Z 8 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DATED: March 17, 1998 RE: Zoning Appeal No. 4560 - Robert and Ann Shank Transmitted herewith is Zoning Appeal No. 4560 - ROBERT and ANN SHANK for a variance. Also included is: ZBA Questionnaire; Applicant Transactional Disclosure Form; copy of building permit No. 24688Z; Board of Trustees Wetland Permit with resolution; letter of authorization; copy of ' survey; Notice of Disapproval from the Building Department, dated March 10, 1998 with building permit application attached; and plans. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March_ 10,,_1998 ............. To East_ si_ End Drafting & Degn ,L� . & Ahank . . 5130 Main Bayview A4.6 PO Bog .16,7.5. _ .... . Southold,_ NY .1.1.971 ..................... PLEASE TARE NOTICE that your application dated42 Kuary__18;__--_-- 19-9.8.. for permit to construct an addition to an•existing dwelling at Fi_Cutchogue Location of Property .. 820__•_,_-_•,...s1temaAsL Aeach Ad...---_----••-- ---•-- House No. Street Hamlet BLOCK _1-_ LOT. 19'1 County Tax Map No. 1000 - Section .-k1.1 ....... -------- -•-•'----" " Subdivision ............. Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following groundsl)Ybe..PTpPQ.Sef-cQMJ-Xmr-tipJL... being. loo -aced. pp. a. pPp-r-PpfpTpdpg. 1pt. Qf. apjjxpx... SQAQ. j5A-. prdipwry. water mark) _ in an R-40- Zone_ will exceed the- 20Z_ allowable_ lot • coverage_ by_ approx._ 700- sci._ f Existing- Sq:. footage_ of. 1287- sq: - ft:. with. addition_ -- 1987. sq.. ft: -Pursuant. to. Article. B%IV_ 100= 244B� 2)- Proposed_ _construction encroaches- on.allowable- side- yard. setback- of. 10. _ on.the_ East- side_ pursuant. to.Article- %%IV. 100. 244.B.- #)- Proposed construction- encroaches on.the . - allowable• front• yard. set• back. of.35'_ pursuant- to.Article- %%IV- 100. 244B: - . Action, required. by . theZoning- Board. - . - ofAppeals. DEC�TRUSTEES- also. required.... • • - • • - _ _ - - - - - - _ ..................................................................................... _- -- ------------------ B71DIB DI G INSPECTOR RV 1/80 k COUNTY OF SUFFOLK ; _- ---- 47 / ROBERT J. GAFFNEY 1 SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I.C. P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING July 9, 1998 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Riverhead Building Supply 4547 Pliaconis, Christopher 4559 Rank, Robert and Ann* 4560 Segrete, Dominick 4568 Frazzitta, Joseph* 4570 Millis, Walter 4571 Chatpar, Prem** 4574 Gaston, Frank 4575 Snyder, Charles 4576 Ratti, Albert and Janice 4580 *Alternative relief appears warranted *With the understanding that the garage will not be used for sleeping quarters. GGN:cc C:\111CC\ZONINGVONINGkWORKINGkLDS\JULkSH4547.JUL LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR ■ 100 VETERANS MEMORIAL HIGHWAY Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner MAILING ADDRESS P. O. BOX 6100 ■ (5 1 6) 853-5 190 HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 e te _ gUFFO(,�c oy� � ops OFFICE OF BOARD OF APPEALS 53095 Main -Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Pursuant to Article XIV of the Suffolk Cocmty Adni ni strative Code, The Board of A eats of the Town of Southold, New York, hereby ref errs the follawing to -the Sciffolk County Planning C=3issiM: x_ Variance from the Zoning Code, Article XXIV Section 160-244B Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit .Appeal No:4.560 Aoplicant: Robert and Ann Shank Location of Affected Land:820 Fisherman's Beach .Rd., Cutchogue, NY County Tax Map Item No.: 1000- 111-1-19.1 Within 500 feet of: Town or Village Boundary Line — xx Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land. Boundary of Existing or Proposed County, State or Federal Paris or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Nile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission -to construct an addition _moo existina dwelling - will exceed allowable 20% lot coverage and enroaches on the.allowable front yard setback Copies of Town fiie and related documents enclosed for your review. Dated: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning SSFFO(,�C Gyc o CIO Dye • O�� BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 23, 1998 Appl. No. 4560 - ROBERT SHANK PARCEL 1000-111-1-19.1 STREET & LOCALITY: 820 Fisherman's Beach Road, Cutchogue (a/k/a Haywaters Road) DATE OF PUBLIC HEARING: April 16, 1998 and May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property has frontage along the northerly side of Haywaters Road at Fishermen's Beach of approximately 100 feet, and lot depth of 60+- feet at the easterly property line, as shown on the survey map. dated August, 20, 1976, prepared by Roderick VanTuyl, P. C. The 1976 survey shows the former one-story frame house at approximately 848 sq. ft. Also shown are walk, patio, stege, and bulkhead areas. Also submitted for the record is a survey prepared May 12, 1998 by John T. Metzger which confirms the total lot area to be 4,231 sq. ft. to a tie line. This area excludes the underwater extending to the line per filed subdivision map and beyond the tie line. Construction has been commenced under Building Permit No. 23045 issued 10/4/95 for reconstruction and raising of the existing dwelling structure. BASIS OF APPEAL: Building Inspector's March 10, 1998 Notice of Disapproval which reads as follows: . "1) The proposed construction being located on a non- conforming lot of approk. 5000 sq. ft. (land above ordinary highwater mark) in an R-40 Zone will exceed the 20% allowable lot coverage by approx. 700 sq. ft. Existing square footage of 1287 with addition - 1987 sq. ft. pursuant to Art. XXIV, 100-244B; 2) Proposed construction encroaches on allowable side yard setback of 10 feet on the east side pursuant to Article XXIV, Section 100-244B; 3) Proposed construction encroaches on the allowable front yard set back of 35' pursuant to Art. XXIV 100-244B." Page 2 - June 23, 11 --- Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals AREA VARIANCE RELIEF REQUESTED BY APPLICANT: A) The amount of lot coverage., relief requested by applicant is for 48.64% of the 4,231 sq. ft. upland area. Applicant confirms that the 40.130, or 1694 sq. ft. existed for the house, deck and accessory shed formerly (ref: May 12, 1998 survey). The overall increase for the new areas is shown to be 8.510, or 360.5 sq. ft. net increase. The total lot coverage requested is 48.64%, or 2,058 sq. ft. B) 'The front yard setbacks requested are at 1018" +- from the foundation, at its closest point, and at 6'+- to the corner of the proposed deck/handicap area at its closest. point to the front property line. C) The side yard setback is requested at seven (7) feet. PRIOR APPEAL: A prior determination was rendered February 2, 1988 under A. Robutelli Appeal #3676 for increased lot coverage for a total of 1260+- sq. ft., and for setback reductions in rear -bulkhead yard and side. yard(848 sf. . existed for dwelling and new deck area of 400+- sf. . added) . REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of - the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the dwelling as it exists (1,015 sq. ft.) exceeds 200 lot coverage by 168+- sq. ft. (846+- as to 200 limitation relative to upland coverage) . (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because dwelling itself exceeded lot coverage (108 sq. ft. on 8%)'; decks existed in original plan before house was elevated and foundation was installed. (3) The requested area variance is substantial. (4) The proposed variance will have a visual impact on the physical conditions in the neighborhood with impact not , only on this site but neighbors to the immediate southeast (on Bay) . (5) The situation is self-created because the applicant was some what aware of the extent of the construction to lot lines and tie lines (toward water) . (6) An undesirable change will be produced because the house as it currently exists already exceeds the maximum lot coverage. Page 3 - June 23, 19'0 Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals (7) While the Board acknowledges the facts concerning the raising of the livable space to protect against the possibility of damage by flooding it also finds that the existing front yard setback of 1018" is already, well under the minimum required. The benefit of installing the handicap ramp can be achieved . by, installing it in a different location on the property without the requiring of a variance. (8) the amount of relief requested is substantial. The existing footprint covers 40.13% of the buildable area, The request to expand the lot coverage to 48.64% is deemed by the Board to be a substantial increase. (9) The difficulty is self-created because the applicant can build the handicap ramp in a different location without adding additional deck space and further decreasing the front yard setback. (10) The alternative location suggested, without a further variance, for the handicap ramp is along the side, with a 7 ft: minimum side yard setback. (11) The Board considers such handicap ramp area to be exempt from the lot coverage provisions of the Code, but not exempt from the setback provisions of the Code. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Horning, it was RESOLVED, to DENY the FRONT YARD AND LOT COVERAGE variances as requested,' and GRANT the following ALTERNATIVE RELIEF: 1. The house may be built in the existing footprint with decks at a minimum front yard setback at 10 feet 8 inches; however, lot coverage* of the upland (4,231 sf.) area shall not exceed exceed 44.05 percent. 2. With regard to the requested deck and similar handicap ramp area, if desired, are permitted alternatively in the side yard at not Page 4 - June 23, 1buo Re: 1000-111-1-19.1 (Shank) Southold Town Board of Appeals closer than 7 ft. to the side property line. VOTE OF THE BOARD: AYES: MEM S OEH GFR I O, TORTORA, COLLINS, AND HORNING PI�R- P. GOEHRINGER, C "rman pproved for ding `(Please note paragraph #11 ove regarding lot coverage exemption for handicap ramps . ) AS400 / txtlk/actions . all/ 111-1-19.1 r R Py Bei r'ecl Id -9/%S, C��G' ASM �✓ k..s a.► k Unaut+ortz+d daratat tx addtlon • Iotraa•+»yraa god lon 7208 at» NvW Yak SW0 FILC LIUE: PM2 FILED M&P —7Ed„atimLIa - t i tw bmd surveyoft k*A seal at 1 ernbaad we"notbe cWSWUNS to be a vak trw capyr. ' G,,,r„de.a kviealad homm SW nM I f enb to tr. paum IV shom the sarwy If R propue& and an hk behat to to %� sum MMM. tt n --W �y ra CV tonm asss1C'nb" listedl n&g and to addalorW IMMIL lona at a AG09 a t aewrr,.z LOT 2 � lF� � KIN4 L01 z3 MAP Q oil li -�- F D'.x7�� •••�i BLV EL. 2_2 N L i1 U 1) F- U u ll �6. i7 0 —4# `y .�b M Ir O IV• --5f •�7 48.03 AFY Q 1' Q u. s4.5p',o-%v. �P�rU4Tty �� C2 O A C) lr NAME * 61.142Al4TE-E-5 Cw tIGE-0 f -DEG. f3, 1995 ELEVATUX-45 (NG V D) SHOWMJ MA2. ,I9, 1,395; FLOOD ZANE "A- 4(EL. 8) - KIQTL L0 -f WUMB612r? . yUOWU C2b3FUZ TO. M&P OF P66OL114 eby P12�0P6 mTIk`-1 ,fuG." FILLD 11J `j"UEs h1aFF-0LK-EouL. Ty CI-6MWA., orri4E �C,Q LL- . . /01:' ' 1l .. TITLE Iso. F ba�.o:a~ CiU-4P&wTLLD TO TLiL:.Or.1t��c;rn�FAr.fu LAtitO Tt-R_E AWD TO TV{E 140LT" FOE? -k-' AS t-iUG2VbyL-D 'AUG. ZO, 19'16 �?opL-1216� VAS _I 'U'Y L.ICI=W760 L&UD hA�lL-VOf2t1 _.. . , bit-r.nli O ¢ BULKLl6aU 751 t j _..._..� i AT ;; n� �► � o � It ,u p It o 1z. uout- .� ,Oa TOW" OF hOUTUOLD , u.y. t� t} U i FLOOR EL -ro—`D 1� j C3 0 ! tl E•• 13'7 0 �6. i7 0 —4# `y .�b M Ir O IV• --5f •�7 48.03 AFY Q 1' Q u. s4.5p',o-%v. �P�rU4Tty �� C2 O A C) lr NAME * 61.142Al4TE-E-5 Cw tIGE-0 f -DEG. f3, 1995 ELEVATUX-45 (NG V D) SHOWMJ MA2. ,I9, 1,395; FLOOD ZANE "A- 4(EL. 8) - KIQTL L0 -f WUMB612r? . yUOWU C2b3FUZ TO. M&P OF P66OL114 eby P12�0P6 mTIk`-1 ,fuG." FILLD 11J `j"UEs h1aFF-0LK-EouL. Ty CI-6MWA., orri4E �C,Q LL- . . /01:' ' 1l .. TITLE Iso. F ba�.o:a~ CiU-4P&wTLLD TO TLiL:.Or.1t��c;rn�FAr.fu LAtitO Tt-R_E AWD TO TV{E 140LT" FOE? -k-' AS t-iUG2VbyL-D 'AUG. ZO, 19'16 �?opL-1216� VAS _I 'U'Y L.ICI=W760 L&UD hA�lL-VOf2t1 _.. . , bit-r.nli FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL' SOUTHOLD, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) FEnR, Date.............................................................. 19. Permission Is hereby granted to: ROT,E_nT j AKIN, M S.(-it-lN.Ik .......................................................................................... 1.15 1--1AYkJATERG ROAD ........................................:................................................. C�JTCH')GL1E, NIY .1.1975 .......................................................................................... to.....R�1ISL„EXTST1NG... ..,NGLs= GASMII.::Y...DWEL.L-I�,t::.'....;r-4C...::..r-f-'.CK.(.�.).'...ON!r-- A NE -W FOUNDATION. TRUSTEE r`#4:50 • 8/3j ./95, r :. _ j,.J}. 1 -q-. .14- i ............................... ................................................................ ............................. ........................................ .................................................................................................................................................................. .sEr- .�' Jt t c; t at premises located at ................... � `.' r. ..:..... .... I. ? ........ ........... ................................. .. : aT.... a� 0 ............. ................................................................................................................................................................ County Tax Map No..... .� .?n..:..... Section ....::1 ............... Block ..............:J......... Lot No.......................... pursuant to application dated ........FE ;. ;.-J O R Y.....1 ........................ . 19.......:. .. and approved by the Building Inspector. 771. 00 Fee$......................... NOTA: THIS PE MIT REPLACES BP# 23045—Z .....`..`::'... :...., ............. ..................... /Building Inspector Rev. 6/30/80 ISSUED TO kt,6& 6!�" DATE Z. %.q% P � -"� , I T This notice must be displayed 'during construction and returned to Building Dept. to get a . certificate of occupancy completion upon of work. p BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. 3 Board Of Southold Town Trustees SOUTHOLD, NEW YORK Jan 28 1 PERMIT NO....7............ DATE: ............. �......... x.......998 ISSUED TO .........ROBERT...&....ANN....SHANK........................................................�> Aut4nrizttfinn Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .J.an.,....28.,....1998 19......9.8., and in consideration of the sum of $....150.,.00.., paid by .............. Craig ... Arm ... for ... .R Q5...E1tT.... .... NN... SHANK...................................... of ......Cu chogue...................................................... N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Wetland Permit to raise exist. house & decks, constr. new roof syst. to accomm. future 2nd floor, remove exist. brick patio, ad a new 1 story addit. constr. new covered porch & remove old on add new stairs on front & west side of house, parking area to b elev all in accordance with the detailed specifications as presented in 3.51 the originating application. with permeable stone to a new elev. of 6.5', add 44' of new rock ret. wall on west side of prop. exit brdwlk. tolN WITNESS WHEREOF, The said Board of Trustees hiere- raisehy causes its Corporate Seal to be affixed, and these presents to and be subscribed by a majority of the said Board as of this date. covered, e� ' �- torage shed removed, abandoned pipe removed subj . t 0�Ir-cm . D receiving .... .�1.. ..,/ .. new s C' Ian depic�+ raised ................ ... ............ . ....................... driv ~ and ............................... ... ................................... septi cn syst. ........................................ tees 3 TERMS and CONDITIONS The Permittee residing at N. Y., as part of the consideration for the issuance of the Permit does understand and prescribe to the fol- lowing: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any oper- ation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold 2. That this Permit is valid for .a period of mos. which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that auth- orization was originally obtained. 4. That .the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work or project herein stated without expenses to the Town of Southold. 8. That the said Board will be notified by the Permittee of the completion of the work auth- orized. 9. That the Permittee will obtain all other permits and consents that may be required sup- plemental to this permit which may be subject to revoke upon failure to obtain same. THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 Albert J. Krupski, President James King, Vice -President Henry Smith Artie Foster Ken Poliwoda January 28, 1998 FFN� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Craig Arm East End drafting and Design P.O. Box 1675 Southold NY 11971 Re: ROBERT & ANN SHANK SCTM #111 -1-19.1 Dear Mr. Arm, Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1882 Fax (516) 765-1823 The following action was taken by the Board of Town Trustees during its Regular Meeting held on January 28, 1998, regarding the above matter: WHEREAS, ROBERT & ANN SHANK, applied to..the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 5, 1997 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 28, 1998, at which time all interested persons were given an opportunity to be heard, and, . WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, thestructure complies with the standard set forth in Chapter 97-18 of the Southold Town Code, t � WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ROBERT & ANN SHANK to raise existing house and decks, construct new roof system to accommodate future second floor, remove existing brick patio, add a new 1 story addition, construct new covered porch and remove old one, add new stairs on front and west side of house, parking area to be raised 315" with permeable stone to a new elevation of 615", add 44' of new rock retaining wall on west side of property, existing boardwalk to be raised and covered, existing storage shed to be removed, and existing abandoned pipe to'be removed. All approved subject to receiving new site plan depicting raised driveway and septic system location., BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion.of said project. FEES: None Very truly yours, a Albert J. ?rJk4i,--1"r. � President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State 10119/1997 22:31 718-575-3370 RETAIL ENERGY SVCS PAGE 01 (().>-OC, 7 vu g, 4-� a �� AuLetzS f,49c\ i F—rskv� 0 QUESTT_CNPiAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject Premises "and a description of their interests: (separate sheet may be.attached.) B. Is the subject premises listed on the real estate market nor = sale or -being shown.to prospective buyers? { } Yes {� } No. (Sf Yes, ,ea$e :attach '=py 'af "conditions" of sale.) C. Are there any:Troposals' to mange alter 'land cantc-L=? { x } Yes { } No D. 1. Are 'there any'areas which contain. wetland -grasses? YDS 2. -Are the -wetland areas.shown on the map submit --ed with this application? ;- 3. Is the property.bulkheaded between the wetlands area and the upland. building area? L 4. If your property contains wetlands or pond areas, have You contacted the -Office of the Town Trustees for its determination of jurisdiction? E. Is there a depression or•sloping.elevation near the area of proposed construction at or below five feet above mean sea level? (If not. applicable, state "N.A.") F. Are there any patios", concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are. submitting? If none, exist ;''please state "none." G. Do you have any constructionn-takin �: concerning your g Place at `his time premises? If- yes, please submit. a copy of your building permit and map as apprcved by the Building Department. If none,- pleasesstate. H. Do you or:any co-owner also own other land close to this parcel? _y� If yes, please explain where or sub:�it copies of deeds. I. Please list present use or operations conducted at this parcel .�'�a- �tL -- ' FAirni� c�.i-lr�+Nca � and proposed . use .- , . . �- Autno 1zad Signature ana Date 3/87- 1nicn,i. § 97-13 WETLANDS _ § 97-I3 TOIVN — The Town of Southold. - TRUSTEES — The Board of Trustees of the Town of Southold. (Added 6.5-84 by L.L. No. 6.1984 WEMAUNDS (Amended 8-26-76 by L.L. No. 2-1976:3-26- .85 by i..L. Ya 6-1985k s A. i iDAL WETLANDS: (1)- All lands generally covered or intermittently cov- ered with. or which border on. tidal waters. or lands lying beneath tidal waters. which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs. salt marsh. swamps. meadows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tall cordgrass. high bush. cattails. groundseL marshmallow and low march cord4r=s. andlar (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands' as defined in Article 24. Ti- tle 1. § 2.3-0107. Subdivisions 1(a) to 1(d) inclusive. of the Environmental Conservation Law of the State of New York: and (2) All land immediate!. adjacent to a "freshwater wet- land." as defined in Subsection 13(1) and lying with. in seventy-five"(75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 _. __ APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts o interest on_the par L' 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: AV-Yh , M . ; vfC, IwP Z Q�Q MF 1 S,-,APK (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval -of plat Exemption from plat or Other (If "Other," official map name the activity.) V Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares.. YES NO < If you answered "YF.S,".complete the balance of this form and date and sign where indicated. Name of person employed by the.Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or.emp.loyee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or tris or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of��H1998 Signature P r i n L• name CL -7 Pc2Z-M- lb Lit". Ww'L rn A4 lb is. ISO 17 to is MA 14 0.47 Is �wl wl * L 00 COW CC'- V. 14.6 Cot, WI IV% II&VO If Coke i 'VA. L"Icl Sq *4D. Omer a 4.60 og- &DACS) to Is 10 U96M MST..CTI: ARE TWE FOIADWIM Law RUIK- so WAR M-; Sax IK IW— a 4&d . . . . . . . . . . . . . . ------- "DILL" LINA per rmrp MAr HAYWAfFF 5 1 COVF ORIVWY HIGH WAT" R MARK— ( pP/ l,,,A- I rr 511 C PI.AH p P, OA t) n��dN�� r,PV'K� k N. a 5CALr: I" - 10' LOT 23 C 2- 6' C.°,. X 2' tD, M r, rlql. 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Wo0� Crr CO� rl;U 9110, I= M., �1,0) _ I'LL pl5ftrl-l:p 115 TO 5'' ".",PJ MAIM, CF055 5�CTIOH A 5CALE: I" o 10' I r w ¢ I 4 x { £R'fT VAS°C's�.sa•'+N%'PS:'-•&'.!'CNM1'+"=x#S�'--♦ LA P c � 4 t 4 r. t d F p� yF5 a�C bR� 0 J. ° _«- 5!1"L rl,AN 1NfORP,",A1'10h! 15 PASS Ci ON i.ANp SU�:VLY 13LLONGIhJG 1'0 ROptr;`1" & ANN 5NANK LOCP,Mp At hSA55AIJ f 011dt ,t04'dN 0F 5OU1"NOLp ,NY P,5 Mh'AUp rY f"OpEr1CK VAN 1"UYL,P.C, LS # 25626 51,IrYCY pP,frp 12-06-9!5 SCi"P.' it- 1000-IlI-I-1f3Fiq r .. P c � 4 t 4 r. t d F p� yF5 a�C bR� 0 J. ° _«- 5!1"L rl,AN 1NfORP,",A1'10h! 15 PASS Ci ON i.ANp SU�:VLY 13LLONGIhJG 1'0 ROptr;`1" & ANN 5NANK LOCP,Mp At hSA55AIJ f 011dt ,t04'dN 0F 5OU1"NOLp ,NY P,5 Mh'AUp rY f"OpEr1CK VAN 1"UYL,P.C, LS # 25626 51,IrYCY pP,frp 12-06-9!5 SCi"P.' it- 1000-IlI-I-1f3Fiq r .. N c "FILL." LINE PSR FlLrt) MAP SITE P�AN roR FOP�P\f ANN SHANK AT � J N A55AU P OINT" .. �.� TOWN OF SOIIiNOLD,NV SCALE: I"- 10' HAYWAfE r5 COVE - N D f� N L 0 T 22 LOT 2�) Q3 E5t1NG Fi OAT`JG GOCK i NOT • j FT7-i I I i I 1 2.2 OrIGNARY NIGH' 4 ORII7NARY HIGH �.. �"JAfER MARK WAFER i� + -� Y ��{ EX15f1NG DECK l� tOC: 0d �'K ,_. TO BE RA NEW - NEW DECK EL.9.9) --------- ---- (+ -y' (+/-) ma EX15f1NG Pcn,VV011-G MAN t e E t0 K IEX�J(" E X 15 T I N G rA'10 mpmp TOM rP, HOU5E Ur For �nlv m wlw FLOX EL- 10.0 Nl O' ---- ------------- -- -- -" eeeneeunerneenrensnn+neer teat:eneneseneennnnnaeneeeeeeeeeeeeeeet; 171 .. L WVk/ 5 P,'"S sz o �_ : EX15 t"Y PO 3i i- - - w -w ml 0ryA. .. EJB f0G"uE : ! f0m-rr"110VTG---{, "- -.::+ _� IF."G"�rGECi 25, W/ fT-Pd1r.A4jf 5r�olj ti ----------.. 51,97, 26.97 Q + ;'; _EC'GTEyJ5'E"A ! CO rlE 5f011r 204 3 1 / �4rl\ 0,4 , B • 5 50. IQ,, 1 (2-E1V011X 71 prr) 51fE PI.AN 5CALr., i" - 10' 5M PLAN INFORMATION 15 BA5E17 ON LANA 5URVEY BELONGING fO POBERf & ANN 5}TANK LOCATEV AT NA55AU POINf DOWN OF 5OUfHOLV ,NY A5 PREPAIZEn BY ROGERICK VAN fUYL,P,C. L5 # 25.626, 5URVEY VAfFn 12-08-93 5Cfh", # 1000-111-1-18819 EX151'464 97IrT M, 3,0) M 1215TL IPW VUETATION 15 TO G, M- AGE "ITH VUTAT10N OF 5!11'VA" NA11.� . End OF FOL1.1119ATIC LOf NUMBER5 5HOWN REFEP fO "MAr OF PECONIC BAY PROPERf1E5,INC."FIM7 IN fHE 5LIF-FOLK COUNTY CLERK'5 OFFICE A5 MAP NUMBED 186 Wf COVE LOf 5VI, 21 PX,5 (11,150 50 Fn EX15111% m"tZ" G: 9!4.50 Ff rmfl% PECK5 & BOAMALK5: 684 50 Ff EXl5TlA 5forAT, 5tL?5: 10 501"f EX15f % War POR( -'3i & 51FP5: 44 50 Ff ( -30 50 Ff) EX15T? 6 LOf CMU9,: : 1,682 50 Ff (14.34 % ) PRO, 05CP PU:-111'4G APP.li I J: 62 50 Ff MKXO5t,� 42 50 FT, 32 50 FT ( -2 x A 50 FT) c-MOVII- OF 5f MxZ 9fP5: -10 50 Ff mm,w& or FK'okw rou- & 5,T r5: -14 50 Ff LOf COVcp�9- H PPO'05 ? 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