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HomeMy WebLinkAbout1000-53.-5-12.6 d 1� sO�ry®l® MAILING ADDRESS: OFFICE LOCATION: 1 Town Hall Annex �� P.O. Box 1179 54375 State Route 25 . z Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) aQ i Telephone: 631 765-1938 Southold, NY 11971 COUNTr,��� 1 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of App als From: Mark Terry, Principal Planner LWRP Coordinator Date May 26, 2015 Re: Coastal Consistency Review for ZBA File Ref. BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) -#6862 SCTM# 1000-53-5-12.6 BREEZY SHORES COMMUNITY, INC. (MARTHA BROOKS) -#6862 - Request for Variances from Article XXIII Code Section 280-123, Article)(XII Section 280-116 (B) and the Building Inspector's • January 12, 2015 Notice of Disapproval based on an application for building permit to add and alter, to include raising an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #4 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport, NY. SCTM#1000-53-5-12.6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront,Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposed action is recommended as CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation-in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney le„ Office Location: //o�O� �F SOOT, - Mailing Address: 149 Town Annex/First Floor,Capital One Bank ; 53095 Main Road 54375 Main Road(at Youngs Avenue) ; P.O.Box 1179 Southold,NY 11971 ; GAO Southold,NY 11971-0959 'YeO J ,* '''• --- http://southoldtown.northfork.net t pK BOARD OF APPEALS D (� n„ TOWN OF SOUTHOLD l� VV/ Tel. (631)765-1809 Fax(631)765-9064 El MAY 0 7 2015 May 7, 2015 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #6862 Breezy Shores Comm. Inc. (Brooks, Martha Cottage#4) ce-)vtD.c\_, Dear Mark: We have received an application for additio ane a ions. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: 41sM . , A,S)10 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 12, 2015 To: Amy Martin for M. Brooks at Breezy Cottages 205 Bay Avenue Greenport, NY 11944 Please take notice that your application dated December 31, 2014 To add & alter, to include raising a seasonal cottage at Location of property- #4 Breezy Shores Comm. Inc., Sage Blvd., Gpt., NY County Tax Map No. 1000- Section 53 Block 5 Lot 12.6 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal cottage is nonconforming building with a nonconforming use. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates the proposed dwelling setback approx. 59.4' from the bulkhead. A,-<-.6 Authorized Signature ROBERT I. BROWN, ARCHITECT, P.C. 205 Bay Avenue Greenport,N.Y. 11944 (T) 477-9752 (F) 477-0973 Admin(&,Fairweather-Brown.com April 20,2015 Zoning Board of Appeals Town of Southold Re: Brooks Variance Application, An overview of the proposed minimal changes to cottage#4 Breezy Shores Community Inc. This is an existing 778 square ft. cottage with a roadside entry ._-•'ng of approxima - +stairs to grade. The cottage requires a lift from the existing 5'9" first flo. level to 8'0"to me-• ood zone requirem; ts. The owner would like to remove the road side landing a:Id stairs,closing that door to be replac-. .y a window and add a door as indicated to the west side of the cottage with a 4'x 4' landing and stairs to access it from •:0 front and back to grade. Also proposed is a 4'x 8' landing outside the existing slidin_ e•a width stairs to grade. The ceiling of the cottage shall also be raised from the ridge height of 16'3" to 18'9"(Ridge height) Add an outdoor shower enclosure open to sky and ground on grade Existing sq.ft. enclosed 778 Existing sq. ft. landing 30 Total 808 sq. ft. The plans as submitted show: • Interior renovations • remove existing landing(approx. 5x6'=30sq ft) • proposed New steps with landings as required by code to meet grade • Structure to be raised approximately 2'3"for flood plain • 4 x 8 landing and 4x4 landing 32+ 16=48 -existing 30 gain of 18 sq ft (2.22%) • 3%of 808=24.24 • Drywell for roof run off Thank you, Sincerely, Amy Martin, As Agent Fairweather Design Associates,Inc. Robert I Brown,Architect,P.C. Fee.$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 4 Street 65-1-1q0 Roo Te, 2 Hamlet C reen ro SCTM 1000 Section 53 Block 5 Lot(s) IA•6 Lot Size Slit L h. Zone /? d0 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ///7./1 r BASED ON SURVEY/SITE PLAN DATED /2/31//f . Owner(s): /7)A RPM S/tDOKS - C.497-771 6 Ellif lay 311pR.Es Mailing Address: _24/ 1.4P/9y,eT7 7f' 74pr N/ /00/A. Telephone:9'7" a37 '�/rFax: Email: N�'ZRo0e3&mom'• CDIV) NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents• Amy wocT Name of Representative: Amy hiARf/N RoL rtTl rostA ) Owner( ther: r'' ,IU r Address: 205' '$A`/ AVE reen/3trt /I 7(p Telephone: 4ii1i6L FaxA77'4913 Email: Attrn t'n 0-Pa raieta l tr- )}'O • Cern Please check to specify who you wis rrespondence to be mailed to,from the above names: ( )Applicant/Owner(s), (Authorized Representative, ( ) Other Name/Address below: WHEREBY B ILD,�G INSPECTOR REVIEWED SURVEY/SITE PL DATED g718" '7,19/(t'and DENIED AN APPLICATION DATED Z IS- FOR: (j uilding Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: X X II I Section6 240 —12-5 el- 110 Subsection: Type of Appeal. An Appeal is made for: (VA Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Revers?' or Other A prior appeal (v) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s).65,25 Year(s). I 0r wo . (Please be sure to research before completing thigifin or call our office fo syspji ce) Name of Owner: ' �614A At) / t#0 /7�/ G66o3 `k,e4ey oC FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN, ARCHITECT, P.C. 205 Bay Avenue Greenport,N.Y. 11944 (1) 477-9752 (F)-477-0973 Adminn,Fairweather-Brown.com ZBA Application April 20, 2015 Permit Agent—contact Amy K.Martin Owner: Martha Brooks Cottage#4 Breezy Shores Cooperative, 65490 Route 25, Greenport SCTM# 1000-53-5-12.6 Reasons for Appeal I. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted. because: It has been determined by the Town of Southold that all 28 Seasonal Cottages at the Breezy shores Community, Inc. constitute non-conforming buildings containing a non-conforming residential use. As a conforming use shall not be sought,the building department has disapproved our application to make small egress landing additions and interior alterations to the existing cottage, while raising it to conform with flood plain requirements. The requested changes will not change the character or be a detriment to the neighborhood. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: Without a variance, the minor, requested additions cannot be made to this or any cottage due to its pre- existing, non-conforming status as the code states it"shall not be enlarged, or structurally altered or moved". 3. The amount of relief requested is not substantial because: We are requesting 2 new landings and removing the existing one. Changes to the footprint equals 2.22% of the existing 808 sq ft cottage. (not including existing or proposed stairs needed for egress) 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The requested variance relief only effects this small community of similar cottages and is in keeping with recently approved Variances granted by this board. The lifting of the cottage has a positive effect on the community by lessening the chance of storm related damage and the installation of a drywell to collect roof rainwater run-off helps protect the adjoining bay. The cottages have been located historically in a line that ranges between the 30' setback of the brick residence to the west from the bulkhead to the approximate 59'5"that this cottage is set back from the bulkhead,where 75' is required by code. Setback variances have been granted repeatedly on this acreage as changing them would change the character of this neighborhood. 5. Has the alleged difficulty been self-created? No(X) Yes( ) Does this variance involve as-built construction or activity? No( X) Yes( ) Zoning code creates the difficulty with these pre-existing, nonconforming buildings. The cottage suffered some water damage during Hurricane Sandy and therefore will be lifted to avoid future problems. A few necessary repairs were done after the storm to secure the building. Are there any Covenants or Restrictions concerning this land? No 0 Yes(?) on file from previous applications This is the minimum necessary and adequate,and at the same time preserves and • otects i-ch acter of the neighborhood and the health,safety and welfare of the community. " �'k� Martin,as Agent Sworn • •efore me tht day of 20 , •ot. Public Yh1TNiA M.CUSATI Wary Public, No.OlCi;610u30i lln4 i!1(n APPLICANT'S PROJECT DESCRIPTION APPLICANT: __,...(2-7-k7))361 )361Z 44DATE PREPARED: 44/e94 Ji 5- 1. 1.For Demolition of Existing Building Areas Please describe areas being removed: i r''j f2.4"—I'"1tiy`la.,c.(hn, 144,44-46407-1 I II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: (4 x i,�y ia.. .1) /6 7• 4 41 l • Dimensions of new second floor: Dimensions of floor above second level: /1A Height(from finished ground to top of ridge): /a Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor 1L-b III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: 9� Number of Floors and General Characteristics BEFORE Iterations: /'` Xes-f7 ,i,gra ' rte .+' (:� 5.% f Ic � uu /4I7 O.6 Number of Floors and Changes WITH Alterations: / 1.--4—f-/- 4"C if'Zl< .24cc'Y1 X241-71.49 yLittc 5.44,4;.90-Ficteiteri; IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 8-Z7 ir Proposed increase of building coverage: 124 Square footage of your lot: Percentage of coverage of your lot by building area: V.Pu pose of New Construction: _ idZwrr% ..07/344/.‘444-'' 006'7 rip• e"1 VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premise fisted on the real estate market for sale? Yes VNo B. Are tJ2tre any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?14-4 -•1- 2.)Are those areas shown on the survey submitted with this application? 1x-1 3.)Is the property ulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? -A. Please co firm status of your inquiry or application with the Trustees: VX.1-bo `DQ, and if issued,please attach copies of permit with c nditions and app ved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? , E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?.- & o Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? AO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Qt-e4)-,.e2' If yes,please label the proximity of your lands on your survey. (1 I. Please list resent use or operations conducted at this parcel , 2I4-L" / sand the proposed use � J (ex asXi ting single family,proposed same with garage,pool or other) A/t-a 1 / AR ) °V/4 6/ V 01/ /'S - ' orized/nature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-31805 Date: 09/13/06 THIS CERTIFIES that the building REPAIRS Location of Property: 65490 MAIN RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 5 Lot 12.6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 5, 2003 pursuant to which Building Permit No. 29710-Z dated SEPTEMBER 8, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is REPAIR & ROOF ALTERATION TO COTTAGE #4 AS APPLIED FOR. The certificate is issued to BREEZY SHORES COMMUNITY, INC. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-446107 02/20/98 PLUMBERS CERTIFICATION DATED N/A tho 'zed Signature Rev. 1/81 r' 1 'ff'az w—` +wbai o 111 a w } yy� .--, . 0 - , . p w .. ..,. . .,, +r. .- x S� y�, ey> ' ii,nb� ,� 5c d"' zy T,v+3 • r ,� , '� 00 _ 4 A +" ti A ter° . Air- $4 . A /95.---/ / /door / t 1 BOARD MEMBERS �,�l,,,,,,,,�� Southold Town Hall "AO SOUL ' Leslie Kanes Weisman,Chairperson +,��®y�� y® 53095 Main Road•P.O.Box 1179 ' `` �4 Southold,NY 11971-0959 James Dinizio,Jr. ir Office Location: Gerard P. Goehringer co, Q 1; Town Annex/First Floor,Capital One Bank George Homing p` Y®++� 54375 Main Road(at Youngs Avenue) Ken Schneider �&MO Southold, NY 11971 � http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R ��,I ECL S q Tel.(631)765-1809•Fax(631)765-9064 t'.. 27 202 FINDINGS,DELIBERATIONS AND DETERMINATION SO Id.bwn . rk MEETING OF JULY 19,2012 ZBA FILE: 6525 NAME OF APPLICANT: Breezy Shores Community, Inc.(Hernan Otano, Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM#1000-53-5-12.6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our determination that the proposed action iscCQNS STENT with LWRP policy standards. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no. 5 and is owned by Hernan Otano. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 and the Building Inspector's October 14, 2011, amended October 18, 2011, amended to clarify description of structure dated December 8,2011,Notice of Disapproval based on an application for building permit for demolition and construction of a cottage at; 1)a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, existing cottage is a nonconforming building with a nonconforming use 2) less than the code required bulkhead setback of 75 feet. Page2of3—July 19,2012 ZBA Fde#6525-Otano CTM 1000-53-5-12 6 RELIEF REQUESTED: The applicant requests variances to reconstruct a cottage that was demolished and "as built"construction with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 50 feet where the code requires 75 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to separate the two variance requests: I)the nonconformity to be considered under the use variance standards; and 2)the bulkhead setback under the area variance standards. The use variance application was reviewed under Zoning Board file#6557. ADDITIONAL INFORMATION: The applicant was given a building permit to lift the cottage off the foundation and replace the foundation to conform with FEMA requirements. The applicant demolished the cottage without benefit of a building permit. The cottage is part of an incorporated community.In 1985, a prior owner applied to the Zoning Board of Appeals under file#3320 for permission for a 19 lot subdivision of this property; the request was denied. In 1994, the original owner applied to this Board for permission to continue a discontinued use of renting the cottages, the application was deemed inactive and closed since the applicant never provided the additional requested documents. It is also noted that this property does not have 280A approval. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011,January 5,2012, March 1, 2012 and June 7,2012 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed, cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law &267-b(3)(b)(2),The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. While this Board recognizes the existing proprietary lease on the property that limits the applicant with respect to where he can build a replacement cottage structure, given the ample size of the property, it is feasible for the applicant to construct this structure in a conforming location. It is noted that the proprietary lease is a document that can be changed based upon the needs of the community and its owners. Additionally,the proprietary lease cannot take precedent over the Town Zoning Code. 3. Town Law 8267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 33%relief from the code. However, in the context of the entire community the variance is not substantial. The non- conforming cottage units have existed in the current location since the 1940's,with each cottage unit in a similar location. The location and size of the proposed structure shall remain the same. 4. Town Law 6267-b(3)(b)(4) A variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has stated that it is not feasible to relocate the cottage due to the extent of the flood zone this parcel is located in. Additionally,the changes made to the foundation have made the structure compliant with FEMA. Finally, the applicant shall be required to conform to the requirements of Chapter 236 of the code regarding storm water runoff. 5. Town Law$267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the Page 3 of 3—July 19,2012 ZBA File/46525-Otano CTM 1000-53-5-12.6 limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Additionally, the applicant proceeded with a demolition/construction of this structure without the benefit of a building permit. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new seasonal cottage unit while preserving and protecting the character of the neighborhood and the health,safety and welfare,of the community._ RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for,and shown on the architectural drawings labeled site plan,floor plan, and east, west, waterside and entry side elevations, prepared by Fairweather Design Associates dated 11/10/2011 and stamped received by the Board of Appeals on November 10,2011. CONDITIONS: I. The structure shall be used only as an unheated seasonal cottage 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs, as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mtnimis in nature for an alteration that does not increase the degree of nonconformity Vote of the Board: Ayes. Members Weisman(Chairperson),Goehringer,Schneider, Horning. Nay. Me er Dinizio. This Resolution was duly adopted(4-1) Leslie Kanes Weisman,Chairperson Approved for filing 7 /23 /2012 • BOARD MEMBERS ', �Of SQUlO Southold Town Hall Leslie Kanes Weisman,Chairperson y ; 53095 Main Road•P.O.Box 1 179 P �O Southold,NY 11971-0959 James Dinizio,Jr. 4 4 Office Location: Gerard P.Goehringer t co, ae ; Town Annex/First Floor,Capital One Bank George Horning ; ���I�� 54375 Main Road(at Youngs Avenue) Ken Schneider 'TOMO" Southold,NY 11971 ,,,� http://southoldtown.northfork.net ZONING BOARD OF APPEALS 'ECElVED TOWN OF SOUTHOLD .4- •I ' ' 9:01 Tel.(631)765.1809•Fax(631)765-9064 J2 7 46i. wriglegagu. FINDINGS,DELIBERATIONS AND DETERMINATION So old Town Clerk MEETING OF JULY 19,2012 ZBA FILE : #6557 NAME OF APPLICANT: Breezy Shores Community, Inc.(Hernan Otano,Cottage#5) PROPERTY LOCATION: 65490 Main Road(aka Sage Blvd.)Greenport,NY SCTM# 1000-53-5-12.6 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 17, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 29, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is�.,nt recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefdl' °rsu�GOA1S T with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound, as shown on the survey dated January 25, 2011. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community Inc., was established by the community and shares were offered as an ownership interest in the cooperative. The cottage at issue in this application is known as Cottage no.5 and is owned by Heenan Otano. BASIS OF APPLICATION: Request for Use Variance under section §280-13 (A)(1)which permits single family detached dwellings, not to exceed one dwelling per lot and from Article XXIII Town Code §280-123 and the Building Inspector's December 12, 2011 Notice of Disapproval, updated March 6, 2012 based on an application for building permit for demolition and construction of a cottage as; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved unless such building is changed to a conforming use RELIEF REOUESTED: The applicant requests a use variance to permit the demolition and reconstruction of an 807 sq. ft. seasonal cottage.The total 807 square feet includes the habitable space and non-habitable porch,but not • Page 2 of 6—July 19,2012 ZBA Fde46557-Otano CTM 1000-53-5-12 6 the stairs and landing. The need for a use variance is caused by the request to establish an additional use (non- conforming cottage)on a subject property that already has a principal use(dwelling). ADDITIONAL INFORMATION: The applicant originally applied to the ZBA solely for an area variance for the setback of the cottage to the bulkhead. The bulkhead variance is addressed in ZBA decision #6525. During the initial public hearing on this matter, when questioned on whether the demolition of the structure would cause the structure to lose its pre-existing nonconforming status,the applicant's response was that the structure was not being demolished and that, even it if were, that the structure could be permitted under §280-122. After receiving significant testimony from the applicant's representatives and the Town Building Department, the Board requested that the applicant submit an application for a use variance. As such, the Board will address below the issue of whether the structure was demolished; whether this structure constitutes a nonconforming building with a nonconforming use; whether§280-122 permits the demolition and reconstruction of a pre-existing nonconforming structure; and whether the applicant is entitled to a use variance. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 1,2011,January 5,2012, March 1,2012 and June 7,2012,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Demolition Based upon the Notice of Disapproval issued by the Building Department on December 8, 2011 and updated on March 6,2012,the proposed action included the demolition and construction of a cottage. It is important to point out that the Notice of Disapproval was issued after a stop work order had been issued on the property and prior to the work being completed on the structure.The applicant presented the following testimony/evidence to illustrate that the proposed construction did not constitute a complete demolition of the structure: 1. A floor plan with its original application dated 11/10/2011 indicating"rebuilt existing walls"and"new walls" 2. A memorandum,received on December 28,2011 that included a listing of items that remained in the structure and items that were re-built 3. A letter from an Architect,Robert I.Brown dated December 13,2011 stating that"less than 50%of the structure had been demolished" At the public hearing on March 1,2012,the Board addressed each item presented by the applicant. The Board noted that the floor plan submitted dated 11/10/2011 indicated that every single external and internal wall of the structure was either being rebuilt or was new. (March 1,2012 Transcript,pg. 6 lines 15-25). Additionally,the Board members and representatives from the Building Department noted that based upon the physical inspection and their experience, it appeared that the applicant took the structure apart piece by piece and reconstructed a major portion of the structure. Both the memorandum and letter from Mr. Brown attested to the work that had been performed up to and until December 10,2011 when the stop work order was issued, but did not account for the additional work that would be required to complete the construction on the structure. Additionally, Mr.Brown's letter did not contain the mathematical support for the calculation,nor did he provide such calculations at or after the public hearing as requested. As such,the statements made therein are simply conclusory with no basis in fact before the Board. On the other hand,and based upon the physical inspection of the structure the Board notes the following items: I. A new foundation was installed; 2. New plywood siding was installed; Page 3 of-6—July 19,2012 ZBA File#6557-Otano CTM 1000-53-5-12.6 • 3. New joists were installed; 4. New strapping was installed; 5. A new plate was installed; 6. New plumbing is required; 7. New electric is required; 8. Every window was replaced; 9. Entire porch was replaced; 10. Each wall was replaced; 11. The roof would be replaced; 12. One third of the floor system was replaced. As stated by the Chief Building Inspector at the March 1,2012 hearing(transcript p.24, line 25,p. 25 line 1)"[i]f you have four walls and you take four walls down it's a demolition." It is obvious that this structure was taken apart and demolished,piece by piece,and replaced with an entirely new structure. As such,this Board finds that the amount of demolition and reconstruction that took place and will take place to complete this structure amounts to a full demolition and the loss of any pre-existing nonconforming status that this building maintained prior to the commencement of any construction. H.Nonconforming Status of the Structure and Interpretation of§280-122 A. Nonconforming Status of the Structure As set forth above,the December 12,2011 Notice of Disapproval(updated March 6,2012) identified this structure as a nonconforming building containing a nonconforming use. Pursuant to §280-123 of the Town Zoning Code: A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved,except as set forth below, unless the use of such building is changed to a conforming use At the January 5,2012 pubic hearing,when asked to explain the language of the Notice of Disapproval,the Building Department Permits Examiner, Patricia Conklin,testified: "I looked at the paperwork. Saw pictures from the Trustees and determined with the site review,determined that it was a nonconforming building.No. I because it is a seasonal cottage and its less than 850 square feet. Therefore it fits the category of a nonconforming building.The second part of that nonconforming use is,it's the second structure as a principal building which is on that property. (January 5,2012 transcript,p 88 lines 11-20) We have a second structure after the principal one and have one lot. And then there are subsequent structures,they are not permitted as of right. So that is why it would be sent to you as a nonconforming use. And then in addition,this is a nonconforming building because it's less than 850 square feet,as defined in the Southold[Town Code]." (January 5,2012 transcript, p. 89 lines 3-12) The applicant presented testimony and case law to this Board to support the argument that the cottage was a nonconforming building with a conforming use that should be considered under§280-122. More specifically,the applicant cited Matter of Dawson v. Zoning Board of Appeals of the Town of Southold, 12 A.D.3d 444, 785 N.Y.S.2d 84(2"d Dept.2004)as legal precedent for the principle that the cottage was a residential use. In Matter of Dawson the Court considered whether a single accessory cottage to a single principle dwelling was a nonconforming building with a conforming use rather than a nonconforming building with a nonconforming use. The analysis was important in that instance to confirm whether the ZBA properly focused upon whether the use had been abandoned for two years under§280-121 which governs nonconforming uses.The Court concluded • Prge 4 of 6—July 19,2012 ZBA File46557-(Nano CTM 1000-53-5-12.6 that the cottage was accessory to the principal dwelling and therefore a nonconforming building with a conforming use. As such, the abandonment provisions of the Town code were not applicable and area variances should have been granted. The facts at issue in this instance are clearly distinguishable from the circumstances present in Dawson. Here,the ZBA is not simply dealing with a single family dwelling and a single accessory cottage. While the Court considered the cottage an established accessory use to a principal dwelling,having 28 cottages as an accessory to a residential use is simply not supported by Dawson. Pursuant to§280-13(AX1)each lot in the R-80 zone is allowed to have a one-family detached dwelling, not to exceed one dwelling per lot. The intent of the this section is clearly to limit the number of dwellings and residential uses on a single lot and to reinforce the subdivision regulations set forth in Chapter 240 of the Southold Town Code. This property contains three dwellings and 28 seasonal cottages on a single lot. This is further complicated by the fact that this"cottage"does not meet the definition of a dwelling under§280-4, that"cottages" are not addressed as a permissible use anywhere within the Town Code and the Town does not permit cottages as an accessory to a principle dwelling. As such,this cottage is treated as a nonconforming building with a nonconforming use that requires a use variance. B. Interpretation of§280-122 While it is noted that the ZBA does not have to proceed with this issue because it has determined that a use variance is required,the ZBA will issue a determination on whether§280-122 permits an applicant to demolish and reconstruct a structure, in place and in kind,without the need for further variances,as argued by the applicant. Section 280-122(A)states: Nothing in this article shall be deemed to prevent the remodeling,reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Throughout this proceeding,the applicant has argued that,pursuant to §280-122(A), he was permitted to demolish and reconstruct this structure in place and in kind,in its entirety,without the need for any additional variances. At the public hearing,the ZBA and Building Department provided the applicant with a copy of a memorandum of the ZBA to the Building Department from 2002. (March 1,2012 Transcript,pp 16-21).This memorandum set forth types of"reconstruction"that would not trigger the need for additional variances. Such activities include,but are not limited to: replacement of windows,raising ceiling height without increasing the degree of nonconformity;repair or replacement, in place and in kind,of siding or roofing;or replacement or repair of existing decks,porches or roofs as long as there are no new extension or extensive modifications which increase the degree of nonconformity. From the listing in this memo, it is clear that the ZBA has interpreted §280-122 to allow a property owner to make minor repairs and for minor reconstruction. As such,the term"reconstruction"as used in §280-122(A) does not permit the demolition of an entire structure and replacement in kind without obtaining all required variances. H. Use Variance Application: 1. Town Law$267-b(2)(b)(I). The applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant provided ample evidence that it is not able to realize a reasonable return from the property without the ability to reconstruct the cottage. The applicant's form of ownership interest in the property is a severely limiting factor. The Applicant retains a share in a cooperative that is governed through a proprietary lease, which permits residential uses only on the property. Any other use permitted under the Town Code is virtually impossible on this property given the cooperative ownership. If not permitted to reconstruct the structure in place and in kind,the applicant's ownership interest has no value and is rendered useless. The applicant Page 5 of 6-July 19,2012 ZBA File#6557-Otano CTM• 1000-53-5-12.6 submitted an affidavit regarding the value of the shares in the cooperative, as well as information about comparable sales in the area of the property,as well as information regarding the maintenance and carrying charges on the property. In light of these circumstances,the Board finds that the applicant cannot realize a reasonable return on his property interest. 2. Town Law 6267-b(2)(b)(2).The hardship is unique to the property and it does not apply to a substantial portion of the district or neighborhood. As set forth above, this property is unique given its historic context and the pre- exiting nonconforming nature of the entire community. It is one of a limited number of properties in Southold Town that retain multiple seasonal cottage uses and the only property of this size.The grant of a use variance here will not create a precedent that would apply to other lots in the community and the decision will apply only to this property. 3. Town Law 4267-b(2)(b)(3). The requested use variance, if granted, will not alter the essential character of the neighborhood. With respect to preserving the character of the neighborhood, it is noted that this parcel is a separate enclave that is sectioned off from the surrounding community. It is an 82 acre parcel, with access via a gated private road. Only those persons who live within Breezy Shores have access thereto. The community is seasonal and the residents utilize the structures primarily from April through October. The seasonal structures are strategically located to take advantage of the water views. Additionally,the location of the reconstructed structure is appropriate within the context of this neighborhood,as the adjacent structures are similarly situated, the location of the structure is where it was originally and the size of the structure will remain unchanged. 4. Town Law $267-b(2)(b)(4) The alleged hardship has not been self-created. The applicant purchased his interest in the Breezy Shores community and the subject seasonal cottage in 2002. This structure had been in existence for many years and the Breezy Shores community required that the applicant make certain repairs to update the structure, which started with replacing the foundation. Upon raising the house,the applicant discovered that the condition of the structure was significantly worse than expected and that major reconstruction was necessary to make it safe and habitable. 5. Town Law 6267-b. Grant of this use variance is the minimum action necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT,the use variance as applied for,subject to the following conditions: CONDITIONS: I. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations/renovation or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs,as determined by the Building Department. Thal the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 6 of 6—July 19.2012 ZBA Fde16557-Otano , CTM 1000-53-5-12.6 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board Ayes. Members Weisman(Chairperson),Goehringer,Schneider,Horning Nay Member Dinizio. This Resolution was duly adopted(4-1). jp,,,,„:„..ith,/, Fi141Y"r"1/�--� Leslie'Canes Weisman Chairperson Approved for filing 17/.X.- /2012 BOARD MEMBERS Southold Town Hall � � 53095 Main Road•P.O.Box 1179 '�,t1�F S�UTifi - • Leslie Kanes Weisman,Chairperson ,► _ �O Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G ct ,; Town Annex/First Floor,Capital One Bank George Horning .se 54375 Main Road(at Youngs Avenue) Ken Schneider = 1,0 V.-"'•1' Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ' E EIVEDD TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 M'R 7 2013 fig FINDINGS,DELIBERATIONS AND DETERMINATION a"u ho .g ei MEETING OF FEBRUARY 28,2013 ZBA FILE: 6622 NAME OF APPLICANT: Breezy Shores Community,Inc. (Naomi Mullman)SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Rd,Cottage#11,(adj.to Shelter Island Sound)Greenport,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 8, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages, 28 seasonal cottages and 20 sheds.The Breezy Shores community is a unique property deeply rooted in the history of the Town. The access to the property is via a private road(Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative, Breezy Shores Community,Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 11 and is owned by Naomi Mullman.All as shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6,2012,revised Aug. 1,2012 for General Amendments,Sheets 1 of 2,and 2 of 2. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116(B) and the Building Inspector's October 22,2012 Notice of Disapproval based on an application for building permit for additions and alterations to a seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: #11 Breezy Shores Community, Inc., 65490 Main Road (aka State Route 25) aka Sage Blvd. (adj. to Shelter Island Sound) Greenport,NY. Page 2 of 3—February 28,2013 - ZBA File#6622—Breezy Shores Comm,Inc (Mullman) CTM. 1000-53-5-12 6(cottage#11) RELIEF REQUESTED: The applicant requests variances to construct an addition and alterations to a seasonal cottage with a nonconforming use where the code permits no enlargement, reconstruction or alterations unless the building is changed to a conforming use, and a bulkhead setback of 54.5 feet(as shown on the survey) where the code requires a minimum of 75 feet. ADDITIONAL INFORMATION: The Board received a letter dated February 1, 2013 from the President of the Breezy Shores Community Corporation indicating approval of the applicant's plans. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties.This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties. Thus,no adjacent property owner will be adversely impacted by the proposal.These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's,when operation of the brick factory slowed cottages were rented to summer guests.Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use with a pre-existing non-conforming bulkhead setback of 54.5 feet. Therefore,any proposed additions and alterations will require relief from the code. 3. Town Law$267-b(3)(b)(3). The variances granted herein are mathematically substantial. Section 280-123 prohibits the enlargement of non-conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing bathroom is 3.1%of the pre-existing cottage foot print which the Board deems to be de minimus in nature and necessary to bring the existing bathroom up to code with a minimum square footage that is functionally practical.All other proposed alterations will be constructed in place and in kind.The , variance granted herein for relief from Section 280-116(B)is mathematically substantial,representing 27%relief from the code.However, in the context of the entire community,the variance is not substantial.The nonconforming cottages have existed in their current locations since the 1940's with each waterfront cottage unit having a similar non-conforming bulkhead setback.The Iocation of the proposed structure shall remain the same. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 6267-6(3)(6)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase.However,to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure,the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Page 3 of 3—February 28,2013 ZBA FIIe#6622—Breezy Shores Comm,Inc (Hallman) CTM 1000-53-5-12 6(cottage#11) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variances as applied for,and shown on the survey prepared by Howard Young, L.S., entitled Survey for Naomi Mullman,Cottage 11,Breezy Shores,dated July 6,2012,revised Aug. 1,2012 for General Amendments, Sheets I of 2,and 2 of 2. And the architectural drawings prepared by David Mullman,R.A.,as follows: Sheets A-1 and A-2 dated 8/13/12 last revised 11/12/2012 titled"Site Plan for Proposed Renovation",and "Photo of Existing Cottage", sheet DG-100.00 dated 10/16/12 last revised 10/25/12, sheets A-101, A-102,A-103 all dated 10/19/12 and last revised 10/25/12 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2.No future alterations or additions on the subject cottage may take place without review by the ZBA,other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Vote of the Board. Ayes:Members: Weisman(Chairperson,)Horning,Goehringer,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing 3 15 /2013 BOARD MEMBERS �,.�" - Southold Town Hall Leslie Kanes Weisman,Chairperson ,,,�'hO��QE$r l'/ji_;(O 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer �, y� Town Annex/First Floor,Capital One Bank George Homing ``rte i�tt, 54375 Main Road(at Youngs Avenue) Ken Schneider =Ii�CO+A 04 III Southold,NY 11971 URI,, 0',. http://southoldtown.northfork.net REIM ZONING BOARD OF APPEALS I-- TOWN OF SOUTHOLD 44:67,4 ,(teeie.a, Tel.(631)765-1809•Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 7-13A FILE: 6660 NAME OF APPLICANT: Breezy Shores Community, Inc.( Ido Mizrahy) SCTM 1000-53-5.12.6 PROPERTY LOCATION: 65490 Main Road Cottage #25 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound),Greenport, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel, also known as Breezy Shores, is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The access to the property is via a private road (Sage Boulevard), and the property is adjacent on the south to Shelter Island Sound. The Breezy Shores community is a unique property deeply rooted in the history of the Town. The multiple cottages on the property are a pre-existing, non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages originally housed employees of the Sage family brick factory until it ceased operations, and subsequently, then were rented as seasonal cottages. In 2000, a real estate cooperative, Breezy Shores Community, Inc., was established by the group and shares were offered as an ownership interest in the Cooperative. The cottage at issue in this application is known as Cottage no. 25, and is owned by Ido Mizrahy. This cottage is shown on the survey drawn by Howard W. Young, sheets 1-3,dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A1-3, dated April 30, 2013, with latest revision dated July II, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. • Page 2 of 3—July 25,2013 ZBA#6660—Breezy Shores Community,Inc (Mizrahy) SCTM#1000-53-5-12 6 BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to renovate the seasonal cottage#25, including a 5.8 sq. ft. new addition for the placement of a water heater, with new Code conforming stepped landings for the entrances, and foundation alterations that will result in a 0.92 increase in the building footprint, and an approximate 16 inch increase in overall building height in order to conform with current building Code relating to interior wall height. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 15, 2013 submitted a plan reducing the size of one proposed stepped landing for a double door entry from 6 x3 ft.to 5 x 3 ft.,dimensions that conform to the minimum size required by building code. ADDITIONAL INFORMATION: Representatives of the Breezy Shores Community expressed support for the Applicant's proposed renovations. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Town Law 6267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building footprint will by expanded by 5.8 sq. ft. from the existing 634 sq. ft. to 639.8 sq. ft. for a total increase in non-conformity of 0.92%. The new stepped landings are the minimum size allowed in order to comply with building code, and are not to be included in the consideration of any overall increase in non-conforming habitable space. The building will remain a single story, seasonally occupied dwelling, in a neighborhood characterized by many similar, seasonally occupied dwellings. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. Code defines that this seasonal cottage is a part of a larger non-conforming use of multiple dwellings, all co-located on a single residentially zone parcel. Therefore, any structural enlargements or alterations require the grant of a variance. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 0.92% relief from the code,which the Board determines to be de minimus in nature. 4. Town Law $267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The existing building will be temporarily raised in place to facilitate the foundation renovations, and then lowered back onto the foundation. There will be a small increase Of 0.92%to the existing footprint. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable building Code. 5. Town Law$267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure, the need for variance relief is not self-created, but is created by zoning Code that now prohibits an existing use and activities that at one time were not prohibited. Page 3 of 3—July 25,2013 ZBA#6660—Breezy Shores Community.Inc (Mizrahy) SCTMi11000-53-5-I2 6 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of renovations to a seasonal cottage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning , seconded by Member Dantes, and duly carried,to GRANT, the variance/variances as applied for, and shown on the survey drawn by Howard W. Young,sheets 1-3, dated March 04, 2013, and building plans drawn by Frank W. Uellendahl, Registered Architect, sheets A-1, A- 2,A-4 dated April 30,2013,and sheet A-3 with latest revision dated July I I, 2013 to shown all proposed additions, and the proposed increase in size from the building existing footprint. Subject to the following conditions; CONDITIONS: 1.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board- Ayes. Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). k#eL(- 471t41-167t,U----= Leslie Kanes Weisman,Chairperson Approved for fling/_96 /2013 BOARD MEMBERS ,��'O en,. Southold Town Hall Leslie Kanes Weisman,Chairperson ,+II $ jy0 - 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Alt Office Location: Gerard P.Goehringer G Q ,$ Town Annex/First Floor,Capital One Bank George Horning i0 �I- 54375 Main Road(at Youngs Avenue) Ken Schneider �O`yCOU W,ii•� Southold,NY 11971 -_''' http://southoldtown.northfork.net R ED ZONING BOARD OF APPEALS -t- TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-906441.46-v.4.?. Leziad Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE# 6661 NAME OF APPLICANT: Breezy Shores Community, Inc. (Graham Willoughby) SCTM#1000-53-05-12.6 PROPERTY LOCATION: 65490 Main Road Cottage #13 (aka State Route 25 and Sage Blvd.) (adj. to Shelter Island Sound), Greenport, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply'dated May 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 27, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings,a brick building,two garages,28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard)and the property is adjacent on the south to Shelter Island Sound.The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s. The cottages housed employees of the Sage family brick factory and have been rented as seasonal cottages. In 2000,a real estate cooperative,Breezy Shores Community, Inc.,was established by the community and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 13 and is owned by Graham Willoughby and Emily Williams. All as shown on the survey prepared by Howard Young, L.S.,entitled Survey for Cottage 13 "Breezy Shores"at Greenport, dated Jan. 09,2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-123A and the Building Inspector's March 7,2013, amended May 2, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing seasonal cottage at; 1)a nonconforming building containing a Page 2 of 3-July 25,2013 • ZBA#6661—Breezy Shores Community,Inc (Willoughby) SCrM#1000-53-5.12 6 nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use. RELIEF REQUESTED: The applicant requests a variance to construct a 27 square foot addition for the reconstruction and alterations of the bathroom and mudroom,as shown on the architectural drawings, A-1, A-2, A- 3 and A-4,prepared by Frank Uellendahl, R.A.,dated 04/30/2013. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 11,2013,at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood nor a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands and is far removed from adjacent properties.Thus, no adjacent property owner will be adversely impacted by the proposal. These 28 seasonal cottages on the subject property have been in existence since the early 1900's when they were built for occupancy by workers in the Sage brick factory. In the 1940's, when operation of the brick factory slowed cottages were rented to summer guests. Each of the adjacent waterfront units are similarly located from the bulkhead and are of similar size. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a non-conforming building with a non-conforming use which, as per the code, requires a variance from Section 280-123 in order to permit any alterations and additions to the seasonal cottage. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for relief from Section 280-123 is mathematically substantial, representing 100% relief from the code. However, the proposed addition of 27 square feet is minimal, representing a 3%expansion of the pre-existing cottage foot print and the proposed alterations will be in kind. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition and alterations to the seasonal cottage, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT,the variance as applied for,and shown on the architectural drawings, A-1 site plan dated 04/30/2013, last revised 7/11/13, A-2, A-3 and A-4, prepared by Frank Uellendahl, R.A., dated 04/30/2013. Subject to the following conditions; • Page 3 of 3-July 25,2013 ZBA#6661—Breezy Shores Community,Inc (Willoughby) SCTM#1000-53-5-12 6 CONDITIONS: 1. The structure shall be used only as an unheated seasonal cottage. 2. No future alterations or additions on the subject cottage may take place without review by the ZBA, other than necessary minor repairs as determined by the Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minims in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board. Ayes. Members Weisman(Chairperson), Goehringer, Schneider, Dances, Horning. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing 7/30 /2013 • BOARD MEMBERS ,.�' Southold Town Hall Leslie Kanes Weisman,Chairperson �/'$*i 500;$ 53095 Main Road•P.O. Box 1179 • ti0 4 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning '�► .44:,;)/ 54375 Main Road(at Youngs Avenue) Kenneth Schneider =�l�'C0 � � Southold,NY 11971 http://southoldtown.northfork.net REC IV D ZONING BOARD OF APPEALS A • Z 5 01 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Sout old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17,2014 ZBA FILE: 6704 NAME OF APPLICANT: Breezy Shores Community Inc. Cottage#7(Steven Flotteron)CTM 1000-53-5-12.6 PROPERTY LOCATION: 65490 Main Road,(aka Sage Blvd.)(adj.to Shelter Island Sound), Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Nov. 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R-80 zone and contains 82.6 acres. It is improved with three dwellings, a brick building, two garages, 28 seasonal cottages and 20 sheds. The Breezy Shores community is a unique property deeply rooted in the history of the Town.The access to the property is via a private road (Sage Boulevard) and the property is adjacent on the south to Shelter Island Sound. The multiple cottages on the property are a pre-existing non-conforming use that was established prior to zoning by the Sage family in the early 1900s.The cottages previously housed employees of the Sage family brick factory,and after the brickyard closed, they were rented as seasonal cottages. In 2000 a real estate cooperative, Breezy Shores Community,Inc.,was established,and shares were offered as an ownership interest in the Cooperative.The cottage at issue in this application is known as Cottage no. 7 and is owned by Steven Flotteron. The cottage,with proposed improvements, is shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and,the site plan drawings by Robert I.Brown Architect,P.C.,dated March 24,2014. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123, Article XXII Section 280-116 (B) and the Building Inspector's October 31, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing-seasonal cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use,2) less than the code required bulkhead setback of 75 feet. • • Page 2 of 3-Apnl 17,2014 ZBA#I6704-Breezy Shores Comm.,Inc SCTM#1000-53-5-12.6 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to an existing nonconforming seasonal cottage when such changes to a nonconforming structure containing a nonconforming use are not allowed by Code,and a second variance for a 72 feet setback from the bulkhead,where 75 feet is required. AMENDED APPLICATION: During the Dec. 5, 2013 hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on March 26, 2014 submitted a revised plan that reduced the size of the proposed non-conforming additions and alteration, bringing the plan into more conformity with the codes. Several letters of support were received. The Board of the Breezy Shores Community is in support of the proposal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5,2013,on February 6,2014, and on April 3,2014,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This unique property represents its own neighborhood of 82.6 acres with substantial wetlands,and it is sufficiently removed from other adjacent neighborhood properties so that no adjacent property owners will be adversely impacted by the proposed structural improvements to seasonally occupied Cottage#7. The additions will be limited to a 2.8%increase in the size of the existing structure. All 28 seasonal cottages on the subject property have been in existence since the early 1900's,when they were constructed for workers in the Sage brick factory. In thel 940's,when operation of the brick factory slowed and then stopped, the cottages were rented to seasonal guests.The adjacent waterfront cottages have similar,pre-existing,non- conforming bulkhead setbacks. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing seasonal cottage is a pre-existing non- conforming building with a pre-existing non-conforming use. The cottage also has a pre-existing non-conforming bulkhead setback of 72 feet. As a consequence of the non-conforming features any proposed additions and alterations will require relief from the code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for the alterations and additions is mathematically substantial,representing 100%relief from the code because Section 280-123 prohibits the enlargement of non- conforming buildings with non-conforming uses. However,the proposed addition of 20.6 square feet to the existing structure represents a 2.8% increase in the size of the pre-existing cottage footprint.This Board, in prior decisions related to other Breezy Shores applications involving proposed increases of structure sizes of less than 3%, has deemed such increases,particularly when necessary to make interior'bathroom orbedroom space more Code conforming,to be de minimus in nature.This applicant's proposed increase in structure size is necessary in order to bring the existing bedrooms up to code required legal size. The variance granted herein for relief from Section 280-116(B)for a 72 feet bulkhead setback where 75 feet is required by Code is not mathematically substantial,representing approximately 4%relief from the code. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created since the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However,to the extent that a seasonal structure such as this one periodically requires some degree of reconstruction and/or alterations to continue the safe use of the structure,the need for variance relief is not self-created. Page 3 of 3-April 17,2014 ZBA#6.704-Breezy Shores Comm,Inc. SCTM#1000-53-5-12.6 6. Town Law $267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to the seasonal cottage, including Code compliant bedroom dimensions,while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variances as applied for, and shown on the survey of Breezy Shores prepared by Howard Young, L.S., dated Dec. 30, 2010, and the drawings, titled Site Plan (Flotteron) dated 10/30/2013, Ground Floor dated Mar. 24, 2014 and Flotteron Residence dated Mar. 24, 2014 all prepared by Robert I. Brown Architect,P.C., subject to the following conditions; CONDITIONS: I.The cottage use will continue in its current status as an unheated seasonally occupied dwelling. 2.No other alterations or additions may be undertaken without review by the ZBA,except for necessary minor repairs as determined by the Town Building Department. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dances. This Resolution was duly adopted(5-0). A,-,;zttitrxixjboAfwL4e,/t_ Leslie Kanes Weisman,Chairperson Approved for filing 1/q/ /2014 5— AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: itf 1J4i --fx1&iZ,S i Prin`{ J1l1 7#J A -4 ,2if 2. Address of Applicant: '20 5 ISN Pel�'i 3. Name of Land Owner(if other than Applicant): e,r�l( - e5 ( e?1c;�& 1C) 9 4. Address of Land Owner: 6 0 1 t"€, S / 5. Description of Proposed � ,, AFA Project: 1-( ft it -ept 1 2, ft..-c(. C i-Z el re 6-5 P 14-4-1/1715-1/1713 Nit- CS 6. Location of Property:(road and Tax map number) i Cco — 6-3 3 — 12 7. Is the parcel within 500 feet of a f operation? { Yes { } No 8. Is this parcel actively fanned? {V} Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. CSR ( 5 -rm1\J Eksrz .p.0 lb*, 7 .J Sevri-oLb )1 2. SeTIV1 j beb - 5A - 3—— 5,. ,a 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ill / --1 15...) ...) A/ / ;0 / /6- a a re ofA,��cant PS"' S2i Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 4 617.20 , Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor "5 — -.1 i h &Safi--,1_,. 4"LI- ameAtion or Prdect: L 1r/ FA-i.g./ t'61� 's 5 Project Location(describe,and ttach a location map): e,541'Q DLi f�e 2S / StA-6 ' j\vEms-- rt ids ca—, Brief Description of Proposed Action: , „Small (44,L44,;t4i a.dcum-its 0,_-firew Lt' ' f-i-i.rti --J--o - f r (u-vr\ ,n.ee� s —c°RecroA r5 ot� f -- ✓ -60 )-1.,,..„, 64.-f---. . Ne of Applicant or Sponsor: 777) ITelephone: ' lifl � {�f E-Mail: Address: yu) t`tk ," Q f l City/PO: State: Zip Code: �9 ree•,(�crrt i(1 111t 4 1.Does the proposed actioNonly involve the legislative adoption of a plan,local law,ordinayfce, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or pproval: A `[ S / 1 moil ru se lc,c (r Tom-' , b ' •-t De G 3.a.Total acreage of the site of the proposed action? ; . r acres ' b.Total acreage to be physically disturbed? ,tip acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ga., I, acres . 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban d ural(non-agriculture) 0 Industrial 'Commercial /Residential(suburban) ❑Forest 18f (Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? r/ b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YEAS landscape? Y/ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ✓ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO / YES b.Are public transportation service(s)available at or near the site of the proposed action? ✓� c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? V' 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features andtechnologie • C� Y 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: / 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ✓ b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES` wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: horeline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional Wetland 0 Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 1340 0 YES d b.Will storm water discharges be directed to established conveyance systems(runoff an storm drains)? If Yes,briefly describe: 0 NO YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY ' KNOWLEDGE Applicant/sponsor name: '/r /3R-r�4 Date: /2D//� Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" - No,or Moderate small to large _ - - - - - — .. _ impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer - Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 July 29, 2014 The Board of Directors of Breezy Shores Community Inc. (BSCI) 2013/2014, consisting of Steve Flotteron, President; Tom Charette, VP; Elena Colombo, VP; Mike Petsky, Treasurer; and Valerie Sakas, Secretary, hereby affirm that we have reviewed the repair and renovation proposal for BROOKS, cottage 4, which was prepared by: Fairweather Design Associates,Inc.& Robert I.Brown,Architect P.C. 205 Bay Avenue Greenport,New York 11944 Phone: 631-477-9752 I Fax: 631-477-0973 and have no objections thereto. Both the Board of Directors and the Architectual Committee of BSCI certify that we have seen and approved of the proposal which includes a variance to move the entrance to the west side of the cottage; a 3% increase in square footage by the addition of a waterside deck, the addition and moving of windows noted on the elevations, and the addition of a roof dormer on the waterside. Thank you, - Valerie Sakas, Secretary; on behalf of the Board of Directors BREEZY SHORES COMMUNITY, INC. P.O. BOX 925 MATTITUCK, NY 11952 board©breezyshores.com peconicpa i nting@bellsouth.net Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, MA 12---[I-4A Pa IZc7(JV--� residing at go 4 41'1AV BA (Print property owner's name) (Mailing Address) Y 14 U 0'' do hereby authorize /l)y 19 fez",LiV (Agent) t t fi'f'-GU 7 / ,€ '/ arr-ourn to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. L/ T /t/tAPYVirj7Z> (Owner's Signature) N1-/s --CI-4 A- 2-00 V-5 (Print Owner's Name) APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. V L P-1-1-+A�+ � t, YOUR NAME: ' RQ O7 — 1T (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply). Tax grievance / Building Permit Variance 'V Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of ,20 Signature b Print Name M '9—� k(A p I2-Q C9�S AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Ir)13R Ij'1 / `' 73- (Last name,first name,middle'initial,udless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievanceBuilding Permit Variance V/ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this U day of,01. / 20 /S t= Signatur• Print Name ea A R 7-/N Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /DOC - � - .� — / . b IfiookS C � a *4 The Application has been submitted to(check appropriate response): Town Board r Planning Dept. rH Building Dept. r Board of Trustees r zZ3/ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation, land transaction) r (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit,approval, license,certification: Nature and extent of action: R7rf)ovr /57 DLJ3NO/N . /q5 T,9 AL Astrid 7)00,e - 1 .uvi vc/�.r TSR �/Pr/4)6- �p jd� -d d /�Tivsf/hex /12��,� lefr/ d ALc tL /0.694%) E ,U//eel n v S; /^/ST.31/ Auf &cL,L /4/Ctee-&-S-e 0421Ve4 w G " /z — //C!T&7e/c.Q,, RE-Aia;/44T/o//S Location of action: 1-4/ 1) lee V T ice ' /ray £XP/@£.5 ( Q�eeEijaRl-- Site acreage: (?..g p,.g . 6 Present land use: () 7vr/AL C'J Present zoning classification: I? 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant(n /m i60x.S) /7)1 ki ,r f3'R r/nf 1)-geV (b) Mailing address: ,1 - y / V (- 'eeZrY/41x. r r,f S‘ (c) Telephone number:Area Code( ) 973 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes u No If yes,which state or federal agency? N'/.3 EC. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, • preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III–Policies; Page 2 for evaluation criteria. Yes No M (Not Applicable-please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III–Policies Pages 3 through 6 for evaluation criteria n Yes id No ® (Not Applicable–please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 71 Yes ' No (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Id Yes rd I No l ' (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ' I Yes ' I No g(Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. rl Yes H No X (Not Applicable—please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. d Yes r No `` (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes.asSee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ' I Yes - No IX (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 71 Yep--I No.�� (Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. El Yes No ix (Not Applicable—please explain) • Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. Vi r Yes No ,+ Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. rl Yes No �� Not Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. rd Yes No /X Not Applicable—please explain i..,, „rte x, ..- <.:y f '�'" � .•i w .a...r:..• y .^?ST° IIn Ate- .,....„ ,, j - .0 ,.,,, ,.. _ _ Q2". vvnus+3:•. -•-`..s">n"'""` - 3 4,$.7*"*"..** yw.a,. sk 40001001r-. to.v+7". ' .--; - - ' --=� .-..=="..".�.�-- -._.. '--4t - j4 .. , + _ a � '' if 'I' f_. '',...f. 'i "' .,+ ...�r.v.„..,..«4...-..-,... r 1.-':1.,--,.,-- 7-- ',. ,50- : t- ff 'imr-t •�"►yam �.2 i. _ L t.� � .... r t: w ..e, � 1. ` ' 4P -, !...‘-'1.-',. 5'!. ; 47Ain 4-e. r..3x i 7$fs 0. •r -,,,...'-',..•,:!.. •4.,,-_,•,.-r c--..,.,:e , ,' ua} Y;.,w 1..-Z' •A. 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Mt:. i Air,se: ire "Stitssla Zegkre.t-ltay( scrL --,- ARE OWING CCR4DMON ..- *20"iefreff:"--1411:1i-4A-ge-=-"•(., vEvr NORMAL MOW MOVE • d t ',..!•J #. - . - ••••NelrC.1".; e )144C, i..— L. i•:,/•:_%11_. iAifi —• Acii WC.low1 (Patio) 0.00 - • • 4-- Au, . ... --' MotileROW/UM ON WAIT* • " ' .., toddrawd 044 ROAD i 1404001and 040111 , .. _ puss— ;tar _ 2111.1:11£A0 --• old OD= •- ....... • _ ____. _ _ _ — • -. — .. , • NW ..4.!. d- ' SOUTHOLD- klePLITItt RECORD CARD ie.'',• - .4414-'...4•-• . -..7496, ,9s•.1 ,: ...... 1111,AlVair a ' nrra .'134r tilA '' .h_12116[44111e1/5541.•1-. 1,46 94 Ryes 4 433u0-3-tp 034 10 14 " c.94 „..., AP_Fart:r ' j{tAl et4 149-C4' 1:212.) tf_1'44 -‘42.t.7 e Rs:..nfic, Pia u togri I. -WWI( ed_g--"-' ilimoczpew wea iiti 0 W •# C9P Nir.491:-' -i M'. Rfaclii.,c, ai Mai i-•Pei•LJ.P.i . . . .,....4.7> IES. ' HAL '9I- FARM ce.MA: te. WS. MIA,Volue LAND IMP. iorAL WI WW1 •-.• .0, .0 • • ."IrMillill'4./.9 EIMIM IMAIIII- . - 4 " - • ..- ' . . 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E i TOWN OF SOU HOED PROPERTY RECORD CARD_> { __120 t 41 �-MTIE - •-_T _••-.••"•- TF 9EE - 1HL�/VLiE -- noir -- -Sud --col-- _ ----' TYPE OF tR,.D ;'t!' t 'fur L.LILLICC IP. ei-0.Y___-_ i o0C•- _ . 1, 11./r,_ri. ...sir , pHcP. ea 4J7# 4--- I-I/2i rii kktitin- .,BO_ ,.AHD nrn'' TOTAL Mit 80 -1-1403 4(5,4 dletT , AD - ' r ' -- 'k�'�r?_ r 9 5 5- Mace it el*..1ii.t1 ..._— .__ -_ - ia. 814- Atte&-..�_ra Les S --V ra l — -– —.—._._ � Y 1 r 2ces 6c'J — r _ , - • - -- - • c. 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' s,(r` e' .a ' t 46Y2' 7-SA %,-4,0" T em p ” _. -q ._J \ FOR PCL NO ,ri ,LO o LS a ,m 'a _ - -- SEE SEC_NO 4''' 46 8 �' 8- ' ... z�,-�` 057-01-0363 ?' 72A r, /moo, cc`6 4,1.iy g N337.1 82 _ 4 `40 12p " m °. 7`3 �� __'a""' - - x 38 3 e , \ ' FOR PCL NO 'e ;ga �6' ' 6' - o,4 .'v4'o+1, G'I`N+ `N~, 2r°" - 'm (c) (60, ` c tt ow 4 I 122A(c) FOR PCL NO SEE SEC NO .,,ii_ s ,„,.l c, 29, ,', ,ft 8 =``,,,, 'r' ! ® 7- _ �F `°o �1 SEE SEC NO 073E. 53-06-04fi g M1 v�2g �i4 1'2 1\,'._' r, "' ! U,. `� ' ' !c ,010 rAs . ` 053-05-012 6 /_ „'•,, w s° at7/� �':�� a 1 / 3A(c)Y'''%;---i/ ar'` al( • y �,z,� 3 _ P f 36 r m rs 29'O . $ 1 .uo 26 30 / (np ,s,1a ° `moo ry _ �,+a eo �-+--� t •o .P ' .c 22 a23 l8 \® w �`20 _ ,br 8 ' v,- (>s *,°, fv ~mss �. , > a. ,424 ?9, z s 24 K ' 1, 1\I 34- ? ALBA" 77 1635 'u! o' 1. p',5p1 `,, SH. ..' '°'J/ �� �k § s 8 21 ,.e y w ° ;s 6r �� AI 4z a 4 CORE Te2' N� �k �v I \` bti°a zo"e s` 2b� _lx ^1 o!r, 'er ° R. ' o• 4,p ..o .o elf \a, 4z 6 n" �' '0 ,o` ,°";axe 21 (5p. .. ,°n / ,. „' 24 Q;�44 w N'�1 a,O ..0 3� . pzi ,}vtY ` ,y 8i 4' ( \ { RE��p��® * NEW SURVEY LIMITS SEE SHEET 2 OF 2 _ 41, MAYS qq BOAR 4 s2 • a.s5N) it.Se 4 30 lfl � 83• 49- 06 O �.Ge orfX 5.7 13 '- •Q 7 cq 'SME . .L RqC ' , FF, Ass ¢61 PQJ /Tp� 483 Cr) ¢ y0 /1 S8 C/SF o \ BROOKS o 99 Eck.� © RESIDENCEir o .96 O O • . 14\V�C�v " ST/JRREMOee NG as © So '� CO�o • NEW STAIR ^ •X44. !jo s LOCAT1ONS.' 4) v 149 © 6 O 26 ICJ 9.FF` � V ^. N . 4 PROPOSED RAOR b.a 1 '0•• F • 38 BUUAINGToeeRAI.se0 42,.•%i�,//// 47• ® © .a7 © ON MEWING r00IFRJNT "a//W DRYWELL „�a STI REMOVE DUNG 40 * - STAIR :"DIAX 3'6"D. ' co •';O G � o *43' CO *t .3.00 ..-)6.1. /s! � ry. 447p :1(SN 9 4, P.acs ' 11 ' 496 ^ •4'.-- lit 44• oVry�a • i0 l4,q• 41. 1 3 V '� p.p., � .♦�Lo oi 111 1 • . Fe `� (bs © • N SI ' LAIC ck - '¢s• BASED ON SURVEY BY YO 41 .&ND YOUNG NWNe SURVEYORS • ' FOR BREEZY SHORES COMMUNITY • ESCTM NO 1000-53-05-12.6 9A1 ). se DEC" . 30, 2010 1 = 20' • 493 • S • FEMA • BASE FLOODPLAIN EL. 6.0' • BASED ON FEMA MAP #3610300159H 9/25/2009 . DRAINAGE CALCULATION: • 777 SF x 1 x 0.17 = 132.1 CF PROVIDE (1) 8'DIA x 3'6"D DRYWELL (147.8 . • CF CAPACITY) F'`S A VIOLATION OF THE i. FOR��'vANY PERSON, OR ;3.£=:;r C,OTNG UNDER THE " "rte f i IeH•I OF P LICENSED S/ / ''.;;; •''_C.-T,TO ALTER ANY • ,1- 1/S. ^^Av1.'ING IN .•. ..HORIZED " . . 73,!HD ' ' ACCORDANCE BROOK AG (#4) A :RE EZY 5 h O RES ,� PED Aq • /oyoI4 //opt?,oki LB- i % ROBERT I. BRO A IT CT P.C. (* t,ki► 'i * W/ FAIRWEATHER DESIGN A �� I T' INC. \ 4 205 BAY AVENUE 9TF .46”GREENPORT, N.Y. 11944 OF N' 6311477-9752(Fax)63 I-477.0973 Sr / . pl. RECEIVED t4 14'-9' I. MAY 0 6 zo b5 6'-8 3/4' 6'-8 I/4' I / BOARD OF APPEALS 6(126, I II 5.25 x 9 5 Level 3 r--�-1 Wolmanized Parallam—l— —}_ — — 1_11i L_T_1 i.5 x 7.5 ACQ • ria I6'O.0 I `t 2'x6' IR O I-• ' xQ m ti Q n�� 1-4- L_ L_ .1 5.25 x 9.5 Level 3 \,- Wolmanized Parallam 18'0 SONOTUBE ao PIERS Lt, o n: h a SONOTUBE1810 5.25 x 9.5 Level 3 18'0 PIERS Wolmanized Parallam SONOTUBE zb PIE4' RS 0 —1; •L_ I LTJ v I 0_J L_ J co m in '< 51)1 O tq � 18'0 7.5x7.5 180 �_ — — —} N. a SONOTUBE ^ 0 PIERS ACQ SONOTUBE a PIERS v N 9 CO I `1 .,,,, 0mac- ,�1. 18'00 18'0 „ U 4' NEW DOOR AND I.- Q SONOTUBE � I 5.25 x 9.5 Level 3 SONOTUBE ~ a ,4-- STEPS FHA'- I PIERS Wolmanized Parallam PIERS In 21'x2'x10' III Fooling _ _,,_ DI 18'0 7.5x7.5 18'0 LP. SONOTUBE ACQ SONOTUBE �, N PIERS PIERS x ti Q I 'q cU 9 ti ¢ v — —_ ' T 7.5x7.5 - - - - c— ACQ I I 18'SQUARE REINFORCED CONCRETE I I BLOCK PIERS TYPICAL AT PERIMETER '1' t t 7-8' 7-8' 7'-8' I 24'-4' I O U N D A T I O N PLAN I-�!� „( :„,,.„,, ;NE OF PERSON, E 7..,='.Fy7 f�'JI-1 r+J�'�if Pf:,i�J�:tl 7 t=n': ;'.,CT' 3^ UNDER THE ,r:t:;-,in'1, i T; LICENSED 1 SCALE: I I4 I' C) '-'' :• . 7.7..T,TO ALTER ANY ., mfi'N-To pc;ill+ivivINGIIN • ',r .t'A'`.';i .;Hv RIZED EIE ' ' - CCORDANCE BKOOK5 CO [ I AGE (#4) AT BREEZY 51-10f�E5 •44/ � �aT I. :ED . F �5 SPT 1. :. r MAR. 3, 201 `� in • 1, � ROBERT I. BROWN ARCHITECT. I.C. \1 _ 15 �'; * fit' f-AIRWEATHER DESIGN ASSOCIATES; INC. �' 634 ,rice 205 BAY AVENUE 1�� GP ENPORT, N.Y. I 1944 63 I-477-9752(Fax) 631-'4'77-0973 141-96 81-8° • • 9k-G 1/26 • • • • En cn • • . . I . . • • _ I _ 24L3 1/26 IT IS A VIOLATION OF THE LAW FOR ANY PERSON, EXISTING FLOOR' PLAN UNLESS ACTING UNDER THE DPECTION OF A LICENSED rtc klITECT,TO ALTER ANY ITEM ON TFdIS DRAWING IN SCALE: I/4" = I LO" ; ' ' V.ANyL. _MOWED MUST BE ; •, 13 ,10 r'"'1 1,CCOFIDANCE BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 201 sri-3,. • 43 ROBERT I. BROWN ARCHITECT. F.C. * *V- W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 DAY AVfNUE. GREENPOR.T, N.Y 1194-4 631-477-9752(Fax) 63 I-477-0973 W 'G� W 1w-zCI Z vZ 4%. do _cc�Qc.0ti d . Q -" _`s zr k Y I-(r).- Alral a f�0Lc.--t-, ,. , a..� • Qty WOs� Tr F ot".#C K- - - __ NEW CEDAR SHINGLE _ ROOFING F 0 EXISTING SHIP 111 LAP SIDING TO REMAIN- l 0 REPAIR/ - ez 1-- REPLACE AS o r NECESSARY, U) SAND O = REPAINT. . ez m0 co , z NEW D.H. WINDOW PROPOSED FLOOR EL 8.0 IN EXISTING FRAME — — OPENING. g l r . . 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NEW CEDAR SHINGLE ROOFING • I' I°X6'AZEK FASCIA REFRAME FOR AND PROVIDE BOARD NEW LOCATION FOR EXISTING DOOR(REMOVED) PATCH AS NECESSARY. 5/4"x4"AZEK _DOOR* WINDOW TRIM. ijiji •iiui ■N■ III III :: _S'...Vi '_A ON OF THE l! ■■■ III _::::,!1.C2: , WT:INNY 123ErT�iE ��_� . ,'d u%,-.L.ICENSED „e III , 'I C TO r/'+F T F R ANY 'i>_;:- ''e'alclS,TRAWlEe?O,lid 5/4"x8"AZEK ''NEW D.H. WI .:--;— "I�``�,; T°'ORIZED WATER TABLE " " =i i?c�(:1', IST BE _/— , EXISTING FRAME OPENING. ‘SE... 1;�= IN ACCORDANCE Vr:TH e:;a-LAW. 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PHASE I I FT IS A 11101..A11014 OF THE ,.c02,ED AR°, LAW FOR ANY PERSON, ' • I.M•4.f E-(.3S PC.,'ING UNDER THE "if DIF3:1---..CTION OF A LICENSED P r.f.7,!-::IT ECT.TO ALTER ANY ii, ; ----'--1-'-H. /:(/:\ , _:_,. _ i• *p , , fral ON TH!S DRAWING IN V I :-.,-.. , I -se Y t.'L',V.At-1Y A_THORIZED , '' 11'0\ kr •I'.7.4:::..."45.,-1-',1- f'1-717;t7::=3-13N MUST BE ELEvAT- 10 - N DF-::-..::CRTED IN ACCORDANCE W;TH THE LAW. SCALE : BROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 20 I 5 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENFORT,N.Y. I 1944 63 I-477-9752(Fax)G3 I-477-0973 I I REMOVE EXISTING DOOR.. PROVIDE NEW WINDOW PHASE I I • NEW DOOR. 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WITH THE LAW. iv tir.r s( /t SCALE : I/4"= I '0" —_"�` BROOKS COTTAGE (#4) AT BREEZY SNORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. I 194.4 '63 I-477-9752_(Fax)63 I.477-0973 I P n e , . MANUAL OP. INSWING AWNING WINDOWS • , NEW — IN IXISTING FRAMED OPENING PHASE I I. STEPS[ - - - - nunn-mnrmunuunnnn nnnnnnnnnnnnunu-nn - - i ,4� uMuiouuuuuuuumnuuun N n If II I1 tI(raa�umulmi�uuu _ ° T !mom nnu_nnun-uxu�-nuunn•n 7 - i , ur•ui tii . uuum . - - Grade 4.2' — IT IS A VIOLATION OF THE ERED AR - LAWFors ANY PERSON, ,c C 'UNLESS ACTING UNDER THE C� �piT I.Bq , ' Di EEC T ION OFA LICENSED et:- ti; 2 O\\ W A T E ;R S I D E E Lt V A T I O N .a -11 O H TO ALTER • _._IFr14 G-v�iT,TOAAVrl;\iGNYd'L.E ERATON MUST BE $ Jj 4 : .� +s.wv NOTED,E'f�,S HIED,AND 0,, /6341 . PHASE 2 DESCRIBED IN ACCORDANCE I`NN 0 NI-0Y . WITH THE LAW 1�� SCALE : I/4"= 1 '0" . BROOKS COTTAGE (#4) AT 'BREEZY 'S'HORES MAR. 3, 2015 'ROBERT I. 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I.BF? \; N., DIRECTION OFA LICENSED <v DO A e ARCHITECT,TO ALTER ANY -��� oA _ I ITEE�,ON-THIS DRAWING:N ..::,_:-.. .,L.-_ - _� �- EAST ELEVATION ANY;. a,Y.ANY A—TFIORI2ED , tt:".";i,,:..jj : I ALTERATION MUST BE , ! NOTED,SEALED,AND1. 1 AND 3Q H DESCRIBED IN ACCORDANCE ����f�t ►F N��`y0 P I I AS E 2 WITH THE LAW O F SCALE : I/4"= I 'O" BROOKS COTTAGE (#4) AT BREEZY SNORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 63 I-477-9752 (Fax)63 I-477-0973 - . , i I ,,,, .•:::::.. ...... .4:::,, ...... ........ .4%4:: ..... ........ ::::,. ..... ••::,. t. .. .. ...... ,.. ........ F- ... BEAM u7.1 - ................ .. .. •-si11774..........„ ,:. - E 444.4.41 a o oz I - m a - 0 " UJ - UJ Z? ad - az a) g g a_ irl LU LIJ 2 , ) _ ED 2 ra o . ,-, 53 i 0 o Ez o 1- 0 oz 0 0 . 0 , CD UJ z ' 11.1 Z 03 IL, I= n al 6 , B , . Floor ö'- , ... - - i 1 1 X _EL_ _EL_ _EL_ x JEL 1J BFE 6.0" I- Grade 4.2 [.. L t._ IT IS A VIOLATiON 01111-1-E LAW i'-U1 tk!TY 1-'E Sig, op ARCH/7.6„ top.;..c 1.BRO,_ 0,>. - °Uk.314-*.qc I.V.TTNC::IIN R . , NEEAMnCii; Ifrt .. RECTON OFA LICENSED TECT,TOALTEBANY NEW FOOTINGS SE / W FOUNDATIONS IN PLAC . "'14,-°:E.-__• •., i 1TEM ON THIS DRAWING IN ,,\ ENGINEERING PLANS. .6 f-tY WAY.ANY A.,..THORIZED A LT ER AT I 0 N nwsT BE - 4174 '34:\ A lA NOTED,SEALED,APEDr .-`- i' :i'. 5 "E C T I CD0 1\1 DESC.1REBED IN ACCORDANCE WITH THE LAW. SCALE : 1/4°=I'0' . " ROOKS COTTAGE (#4) AT BREEZY SHORES MAR. 3, 2015 ROBERT I. BROWN ARCHITECT, P.C. WI FAIRWEATHER D.ESIGN ASSOCIATES, INC. 205 BAY AVENUE GREENPORT,N.Y. 1 I 544 Gal-477-5752-(Fax)-63 1 47i-0973 (1)NUNTNONl2ID ALTERADO4 OI=MON TO TIRE SURVEY n A IMO SECTION 7207 Of D4C NOT TOW STATE COUCAnoN LAW(2)(MANCE!SHORN RCN PROPERTY VES TO COSMO STRUCTURES AR(TUI A SPECIRC PURPOSE Me ARE NOT TO RE USED TO SiTARUS/PROPERTY 1.114131� MlICCDO Ma da M&(3)CCP=l0 n wu Nor OF 1swim (*') PUC r s MID SEAL a SEAL!NALL NOT RE CONSIDERED TO a A IMO TRUE OSP%(4)an tra R OCA=HEREON TIAL NUN ONLY TO M PERSOI TOR WON IN IS PREPARED ANO OR NW BENNE 70 TIE WILE COWART,OOVeM.ENTA.AOOK eMO MSTnumi us=MEM AND TO TN(ASSIOm OP ME LOOM SOTnNTp6 mITO DATIONS AIE Nor TTUYOirTMR{E TO CVO•=MOM(an Woo NOEOI ARE TROY TNLD ORERVATIOfS Ale OR OATH MAIM TROY• - 400 Ostrander Avenue,Riverhead,HOPI York 110 101 tel. 68I.121.2909 P0*.63I.727AI44 admt'+4youngonglneerk►gcom Oltt� el goiblA . ty j Howard K.Yovn9 Ladd Surveyor Thomas G.Wolper!.Proteeelonol Eriglnfer .1114) Douglas E.Adorns.Prolesle1 nal Engineer 0 Robert G.Tact.Architect • / -I ( . . , ,111•)*06:11111:, . C.2 . - . I i Ctsvoxii. SURVEYORS CERTIFICATION`,:i', .--. ---g I '0-- 411111111111111111111111110k ie ; i I/\ S N.. - ''-7---.)111 ":_admina.jillinekielbak:11 lir dir % �miitit- - z- e.../ . . . .' , 770AN.:Nir-9;Ig Lam : ill& ei,...... _00 1111°1111N1141i; b\iiir. , Cothol,6L it,ii- . ' X -.:, , `R 1:1J 41~114.44..aiff • S Ar Mt -45895 / tortARD ri.Yams.H.Ys."4--.Ho. - _W4,' - •'' , $ _ p '- a �" L19 l • if 13 V Q X40 fl � • = _ SURVEY FOR - 40. baa °O,a yob oo l . Or ' at braer port, TOM of Southold ' g 7 ,Suffolk County,,New York - BUILDING PERMIT SURVEY • County Tax Mop timid`1000,ace7N 53 sod.05 Lo( P/O 12:6 , ' - MAP PREPARED - - .AN.04,2015 , Record of`Revisions RECORD-Or REVISIONS DATE_ - •• - - L . I , SITE MDP . tin400 0 200 400 600 SCALE: I R=4001 SGalol I • 400' , , . , .0.; , 0147 Tel.200_0 202-02:na vda06‘2010o2os_20I2 07 0..bp I or 5 C1 R MONUMENT SET ■>. MONUMEMr FOUND A■ STA<E+SET A R STAKE FOUND