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bLl o Py-,;,-r xy, /) 's,ec JL 96- ofi fir 1014 61414,a bem4 6�, 4 BOARD MEMBERS ®F S® Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O. Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acampora a Office Location: Eric Dantes cn Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �l ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �'C®UNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF September 7,2017 ZBA FILE: 6960 NAME OF APPLICANT: Jeffrey Brothers and Andrew Canning PROPERTY LOCATION: 3625 Pine Neck Road, Southold,NY SCTM 1000-70-6-22 PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 32,982 sq. ft. parcel in the R- 40 zone. The southerly lot line measures 174.59 feet along Pine Neck Road, the westerly lot line measures 184.40 feet along a residential parcel. The northerly lot line measures 179.81 feet, and the easterly lot line measures 184.93 feet, both abutting a 20 feet wide private Right Of Way that provides access to several other residential parcels. As a result of the frontage along Pine Neck Road and along the private right of way, this property has three legal front yards. The property is improved with a single-family dwelling and an accessory garage, as shown, with the proposed/"as built"deer fencing, on the survey drawn by John C. Ehlers,Land Surveyor, dated March 30, 2016. BASIS OF APPLICATION: - Appeal from Building Department Notice of Disapproval dated July 5, 2017 denying application for an as-built deer fence upon the grounds that subject lot has three front yards and that deer fencing is prohibited in or along the front yard of any property. RELIEF REQUESTED: The applicant is requesting that the as-built deer fencing be allowed to remain conditioned upon the applicant extinguishing the right to access the subject property over the right of way. ADDITIONAL INFORMATION: The subject property was the subject of a prior ZBA determination (213A decision #6960) dated June 16, 2016. In that matter the Applicant sought the same relief, namely to retain the as- built deer fencing as constructed where deer fencing is not permitted in the front yard. The ZBA in its decision denied the application as applied for but granted alternative relief that deer fencing in the front yard with a minimum setback of 60 feet from the nearest edge of the street along Pine Neck Road and a minimum of 40 feet from the nearest road edge along the right of way. FINDINGS OF FACT/REASONS FOR BOARD ACTION: 1. The applicant in this application is the same applicant as in ZBA decision#6960. 2. The previous ZBA decision was issued within the last 15 months. 3. At the time of the previous hearing,the applicant was given a full and fair opportunity to be heard. Page 2, September 7,2017 #6960, Canning SCTM No. 1000-70-6-22 4. The current application does not differ substantially from the aforementioned previous application. 5. The new application does not contain any new facts that could not have been made at the time of the prior hearing. RESOLUTION OF THE BOARD: Motion was offered by Member Weisman (Chairperson), seconded by Member Planamento, and duly carried, to The application is hereby rejected on the ground that it is barred by Doctrine of Res Judicata. Vote of the Board.- Ayes:Members Weisman (Chairperson), Dantes, Planamento, Acampora and Goehringer). This Resolution was duly adopted(5-0). Leslie Kane Weisman, Chairperson Approved for filing �/ /2017 'ii FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 5, 2017 TO: Patricia C. Moore (Canning) 51020 Main Road Southold,NY 11971 Please take notice that your application dated June 20, 2017: For permit for the as-built deer fence at: Location of property: 3625 Pine Neck Road, Southold,NY County Tax Map No. 1000 - Section 70 Block 6 Lot 22 Is returned herewith and disapproved on the following grounds: The as-built deer fence, on this nonconforming 32,982 sq. ft. lot having three front yards in the R-40 District is not permitted pursuant to Article XXII Section 280-105C (3), which states, "Deer fencing is prohibited in or along the front yard of any property." AAthoriz Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE 1 House No 3 ZS Street Pt Yle C UCC N,?C- ' A Hamlet SoU () i C1 SCTM 1000 Section Block to Lot(s) C)t9- Lot Size 3?� i�S 2, Zone (7—4O I(WE)APPE AT,THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 7- 6-' _BASED ON SURVEY/SITE PLAN DATED 3- 1 (o . Owner(s): `( f^Gca (gyp`} ey5 cAMc) ;3M(ArE'E'_ C 1 n Y)t Y1G Mailing Address: n ecY— Rco4, ayR O i Cj q / 7 Telephone: �aa-� Fax: Email: byd{r se Y(�hpp. CO'fY) NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: T-1::X-1hCcU0- C M CCrr- for(Owner( )Other: Address:_ �j lOZO Road I oW to la ) 1 q 7 1 Tel one?� -L/'3-1--'o Fa317(, -L/(0&.3 Email: p�'(� M OOtz'Ct S• CO YY) Plea a check to specify who you wish correspondence to be mailed to,from t1:e above names. f�Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 25----30- I(p and DENIED AN APPLICATION DATED 7-,5_17 FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction (V�Other:�j)`P..O,--C -FeocG Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: X X t _I Section: 290 Subsection: Type of Appeal. An Appeal is made for: (,-)A' Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reverso or Other A prior appeal Alf has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 0466 Year(s). o�`/G/ l Co . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# Name of Owner:Jeffrey Brothers&Andrew Canning ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The existing 8' deer fence is located behind vegetation which is over 10' in height,dense,and blocks the view of the deer fence. The owners were granted in appeal#6960 dated 6/16/16 a deer fence but to be located 40'from the 20'right of way. This variance did not protect a significant area of the rear yard from the deer. The rear yard is planted with dense flowering shrubs and perennials. Jeffrey is an avid gardener who has invested thousands of dollars in plants. Attached is a photograph of the yard during the summer. At the 2016 hearing the neighbors had little to say about the deer fence,their objection was the use of the right of way. In the past year the community has gotten together to agree on how the right of way should be improved. The 10'portion of the Brothers/Canning right of way will be cleared. The deer fence does not affect the right of way. The applicants will extinguish their vehicular use of the right of way(by deed covenant). Only their vehicular use of the right of way is extinguished, the right of way remains subject to the rights of the others to continue to use it. (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: In order to apply side yard and rear yard setbacks to the subject property the 20 foot right of way will be extinguished for vehicular use. This is a significant right and benefit which the applicants are willing to give up in order to protect their rear yard. By this variance we ask the Board to recognize that applicants are giving up their right to use or travel by vehicles the bordering street and to find that the parcel will meet the exception to the "front yard" definition. This parcel may apply the rear and side yard setbacks provided in the Southold Town Code. (3) The amount of relief requested is not substantial because: The property fronts Pine Neck Road and has always considered Pine Neck to be the front yard. The right of way is an internal limited access alley way. The neighbor will benefit by the relinquishment of the vehicular use of the right of way because fewer cars will travel on the private access. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The deer fence has no adverse impact on the physical or environmental conditions in the neighborhood. There is a significant benefit to the neighborhood and community to maintaining the lush vegetation. Once Zoning Board grants a rear and side yard determination,the garage driveway will be planted. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The property was developed with the right-of-ways before the regulations of"side yard" and "rear yard" designations. This lot's front yard faced Pine Neck. Are there Covenants and Restrictions concerning this land: E No. 0 Yes(please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) S r o before A2 . d of otary Public BETSY A.PERKINS Notary Public,State of New York Pte.O i PE6130636 Qualit�!!,d in Suffolk COU Commission Expires July Els' ��l APPLICANT'S PROJECT DESCRIPTION APPLICANT: I��c� ,,r�/CCS n�l l{/iC.t DATE PREPARED: 7 1.For Demolition of Existing Building Areas Please describe areas being removed: No V1 e— II.New Construction Areas(New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) �/� (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): NIA Existing square footage of buildings on your property: / Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: zka'e-e �✓k v qF-a, h 'fCj s 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 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®�\\®f S®Ur/y®l 53095 Main Road•P.O.Box 1179 Q Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ,'�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ly'0000 Southold,NY®®11971 http://southoldtown.northfork.net t 1 ZONING BOARD OF APPEALS U 2 2 2'016C e TOWN OF SOUTHOLD � A�v7t""'�Tel.(631)765-1809 •Fax(631)765-9064 ut ® FINDINGS,DELIBERATIONS AND DETERNIINATION MEETING OF JUNE 16,2016 ZBA FILE: 6960 NAME OF APPLICANT: Andrew Canning PROPERTY LOCATION: 3625 Pine Neck Road, Southold,NY SCTM 1000-70-6-22 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 I1 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23, referral of this application to the Suffolk County Department of Planning is not required. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD OFFICE OF THE ENGINEER: This application was referred to the Town Engineer as instructed when subject parcels are located adjacent to private rights of ways. The office recommended that applicant conform to the Town Code Chapter 280, Section 280-106 "Corner Lots"and that the fence be constructed using the required 30 feet triangle as measured from the property line to allow for better access for emergency vehicles, as well as the enhancement of sight distances associated with normal everyday traffic. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 32,982 sq. ft. parcel in the R- 40 zone. The southerly lot line measures 174.59 feet along Pine Neck Road, the westerly lot line measures 184.40 feet along a residential parcel. The northerly lot line measures 179.81 feet, and the easterly lot line measures 184.93 feet, both abutting a 20 feet wide private Right Of Way that provides access to several other residential parcels. As a result of the frontage along Pine Neck Road and along the private right of way, this property has three legal front yards. The property is improved with a single-family dwelling and an accessory garage, as shown, with the proposed/"as built"deer fencing, on the survey drawn by John C.Ehlers,Land Surveyor, dated March 30, 2016. BASIS OF APPLICATION: - Request for Variance from Article XXII Section 280-105C(3) and the Building Inspector's April 4, 2016 Notice of Disapproval based on an application for building permit for `as built' deer fence, at; 1) location in other than the code permitted side or rear yards. RELIEF REQUESTED: The applicant requests a variance to retain "as built" deer fencing constructed in a front yard area where it is not allowed by Code. Page 2,June 16,2016 #6960,Canning SCTM No. 1000-70-6-22 ADDITIONAL INFORMATION: Several neighbors have submitted letters along with photographs describing concerns regarding the encroachment of the fence and substantial landscaping and parking within and along the 20 feet wide Right Of Way. The matter was adjourned subject to the submission of the original building permit for the fence by the applicant's representative. Subsequently, the Southold Town Building Department confirmed that there is no permit for the subject fence in their records. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2,2016, 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 X267-b(3A)M. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The right of way serves seven (7) residents in a private neighborhood and ends in a cul-de-sac. The placement of the deer fencing with a minimum front yard setback of 60 feet from the closest edge of Pine Neck Road will place the deer fence in a conforming location. The placement of the rest of the deer fencing at 40 feet from the edge of the 20 foot right of way will meet the principal front yard setback in the R-40 Zoning District, and the existing landscape screening will diminish any adverse visual impacts. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than alternative relief because deer fencing is not allowed in any front yard areas. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the applicant's property is constrained by the fact that there are three front yards, and no rear yard areas. 4. Town Law X267-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 §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of alternative relief, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of deer fencing in front yard areas, 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 DENY as applied for, and GRANT ALTERNATIVE RELIEF as follows: The deer fencing in front yard areas will be setback a minimum of 60 feet from the nearest edge of the street along Pine Neck Road, and a minimum of 40 feet from the nearest road edge along the twenty(20)feet wide right of way. Before appyingfor a buildingep rmit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the Page 3,June 16,2016 #6960, Canning SCTM No. 1000-70-6-22 delay or denial of a buildingpermit, and may require.anew application andpublic hearing before the Zoning Board of Appeals. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/ora subdivision map has not been filed with the Suffolk County Clerk,within three- (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board:_ Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted(5-0). . C Leslie Kanes Weisman Chairperson Approved for filing 611712016 r t� ,%gfFDJ 0� SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD ; ", ,;<< fae ly TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 ®� "<'`' �e�a Fax (631)-765—9015 MICHAEL COLLINS@TOWN SOUTHOLD NY US ®� ��® JAMIE RICHTER cQTOWN SOUTHOLD NY US RECEIVED OFFICE OF THE ENGINEER NdAY � � ���6 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie K. Weisman May 31, 2016 ZBA Chairperson Southold Town Hall Southold Town, NY 11971 Re: ZBA#6960 Dear Leslie, I have reviewed your Request for comments regarding the installation of a deer fence along a private right-of-way. Please consider the enclosed section of code for corner lots. §280-106,Cornerilots. �A. On a;;orneri lot, front yards are required on both street frontages, and one yard other than the front yard shall be Ideemed to be a rear yard, and the other or others side yards. ' B. On all;cornerj'lots, berms,walls, fences and hedges or any other potential obstruction to vision shall not exceed a height of 2 1/2 feet above the average street level within an isosceles triangle having thirty-foot sides along each street to preserve sightlinesfor traffic_ At this time I would recommend that the proposed fencing be constructed using the required 30' triangle as measured from the property lines. This will allow for better access by emergency vehicles as well as the enhancement of sight distances associated with normal everyday traffic. If you have any additional questions regarding this matter please do not hesitate to contact my office. Sincerely; James A. Richter,R.A. Obo RECEIVED FORM NO. 3 WR 14 2016 TOWN OF SOUTHOL BUILDING DEPARTMENT ZONING B®Alt®OF APPS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: April 4, 2016 TO: Patricia C. Moore (Canning) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 26, 2015: For permit for the as-built deer fence at: Location of property: 3625 Pine Neck Road, Southold,NY County Tax Map No. 1000 - Section 70 Block 6 Lot 22 Is returned herewith and disapproved on the following grounds: The as-built deer fence, on this non-conforming 32,982 square foot lot having three front yards in the Residential R-40 District is not permitted pursuant to Article XXII Section 280-105C (3), which states; "Deer fencing is prohibited in or along the front yard of any propert Auth 'ze ignature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. SURVEY OF PROPERTYN SITUATE : 5OUTHOLD LANA t�OW ON OR EG�YOF: TOWN : 5OUTHOLD BAH RiEGER e E LAND NOW OR FORM TRU OF GERARp 5 U F EO L C -U N 6REE5E PROPERTY' 0 K O TY, NY NOW, OK FORMER OF: SURVEYED 07- 10-2015 LANA pANIEL BERKowliTz Z - S UPDATED 03-30-201 6 PASQUALINA BERK _,-- i 78:,81 SUFFOLK COUNTY TAX11t x5f,"N- 1 000 - 70 - G - 22 N 2°�� + 0 •, , x=fix x CERTIFIED TO: i i_ PE AIANG p \ ' X ANDREW CANNING 1 l - CP , O N —mac FRAME wrn UO O GARAGE t� �y9 1 Cn �rn 0 PAV xI C7C�: r PAf1 10 DO Z Z � FRAME � rn Q t.,t � _ G t: 5-COOP • I Q.9' Z x _ � 3 � z 0 � _ 8 0 16 � I� O 70�P G 32�' 0 3 Z 1 rn =➢0 o N ` -rRZ_70 z 4'=- FRAME t RY aT 541 \ ---- I X—x ' 64.3' X I Co 70 �`•-" x—x—x—X G GOV ORERGNEl) STONE ; , I "Unauthorized alteration or addition to a survey p ' map bearing a licensed land surveyors seal Is a V �I •" I violation of section 7209,sub—division 2, of the t ep r �fi New York State Education Law' "Only with from the original of this survey It p® � marked with an original of the land surveyor's O � �./ stamped seal shall be considered to be valid true N copies" PIU AR Yt �p 'Certifications Indicated hereon signify that this , '•M" survey was prepared in accordance with the ex— isting Code of Practice for Land Surveys adopted _ I /�. 1✓^J i by the New York State Association of Professional Q Land Surveyors Said certifications shall run only f to the person for wnom toe survey is prepared, -fes Jr0and on his behalf to the title company, governmen— �FQ �Q.� tat agency and lending Institution listed hereon, and LANDS to the assignees of the lending institutionCertifica— ^ 0,0011W tions are not transferable to additional institutions n I /1'J NOTES- MONUMENT """111,,, ■ MONUMENT FOUND PIPE FQJND JOHN Q., E H LE K5 LAND 5 U RVEYO R NECK o A ❑ rOaC D A ME5H FENCE l� A�Way P 1 N SPLIT RAIL FENCE aajpha G EA5T MAIN STREET N.Y.-5. LIC. NO, 50202 Area = 32,982:5x. Ft. RIVERHEAD, N.Y. I 1 901 3G9-8288 Fax 3G9-8287 Area = 0.7572 Acres GRAPHIC SCALE 1 30' longlslandlandsurveyor.com 15-162 SURVEY Of PROPERTY f � N SITUATE . SOUTHOLD LAND NOW 011- RF, FjEERLYOP- pE(HANNA R► GER TOWN : S O U T H O LD 1AND NOW OR FO�,,IERLY OfGE�RD RIEGER S U FEO LK COUNTY NY gREESE PROPERN TRUST ND NOW OR FORM ERLY Of SURVEYED 07- 10-2015 pANIEt 13t? TZ PASQUALINA BERKOWITZ t :r'=. . SUFFOLK COUNTY TAX # 1000 70 6 22 0 CERTIFIED T0= ..':.;' :° •. O �X—X_ , ANDREW CANNING , Zee ~ALS Ar- R 1 4 2616 CP 1W. : 0 BY j4 23.6 x x— FRAME N W � I : C3�OO GARAGE Drn O 17_.6__ I •. Z-j� PAV� xO .•I C�C> PATI L9� -- 1 Z FRAM0 0 rn 5T0OP I ZZ ➢`�O 0 3 '� j60 0 I ; < Orn 7`30 CP �r I x O N rnZ—713 2 gVOR USE 2.0 FRAME HO G rnG- 1 X 64.3 X xZZrnr +rn� rn70 O POR�O 5WA K � •. �. 1 m O "Unauthorized alteration or addition to a surveyof New map bearing a licensed land surveyor's seal is a V 4 ti l tG wolal,on of section 7209,sub-division 2, of the New York State Education Law- I ' �+7 "Only copies from the original I survey 33i�� "UUU��• marked with an original of the land surveyor's � slumped seal shall be considered to be valid true - R �cPIUA copi6s 1 • "Certifications indicated hereon signify that this r survey was prepared in accordance with the et- i Q� j1 t ,sting Code of Practice for Land Surveys adopted - r)✓ ///l. _ 0 0 by the New York Stale Assocaahon of Professional i - 174. `' /:.• •a"'• -• Land Surveyors Said certifications shall run only i to the person for whom the survey is prepared. Q [moi andon his behalf to the title company,gave rnmen- i ^ CA�� lot agency and lending institution listed hereon,and ` / to the assignees of the lending institution Cerlifica- /� OHO vV j bons are not transferable to additional institutions _ (1 ' —/J1- ` NOTES: lT./l O MONUMENT FOUND O H N C• E H LE ISS LAND SURVEYOR C K fZ0 AD X—X— MESH FENCE J .I F I^I F 1 v SPLIT RAIL PENCE FINE L lla5vIlalt roadway G EAST MAIN STREET N.Y.S. LIC. NO. 50202 Area = 32,982 Sq. Ft. RIVERHEAD, N.Y. 1 1 901 3G9-8288 Fax 3G9-8287 Area = 0.7572 Acres GRAPHIC SCALE 1"= 30' longlslandlandsurveyor.com 1 No HemI i 15-162 1 (01q,(00- RECEIVED 0 (00RECEIVE® APR A 4 2016 Fee:$ Filed By: Assignment No. G BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 3625 Street Pine Neck Road Hamlet Southold SCTM 1000 Section 70 Block6 Lof(s) 22 Lot Size 32,982 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 4, 201 to BASED ON SURVEY/SITE PLAN DATED March 30,2016 Applicant(s)/Owner(s): Andrew Canning Mailing Address:175 Kent Ave, Apt 506 Brooklyn, NY Telephone: (917) 822-3612 Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C. Moore for(X) Owner( )Other: Address: 51020 Main Road Southold NY 11971 Telephone: 631-765-4330 Fax: 631-765-4643 Email: pcmoorena.mooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s),*, (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLA DATED March 30,2016 and DENIED AN APPLICATION DATED August 162015 FOR: ( )Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use (x)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: XXII Section: 280-105C Subsection: 3 Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or er A prior appeal( )has,Ot: has not been made at any time with respect to this any time with respect to this propel, UNDER Appeal No(s)r - Year(s). Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED f'fao APR � 4 2016 REASONS FOR APPEAL (Please be specific, additional sheets may be used with prefiEMWG BOARD OF APPEALS signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: The deer fence is located in the"rear yard" of the premises however a common road is located on the east and north side of the parcel resulting in 3 "front yards" The deer fence is tucked into the mature landscaping. The fence is not visible to the neighbors and mature vegetation is on the street side of the fence. 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: The rear yard is heavily landscaped and without the fence damaged by the deer. The mature landscaping around the perimeter of the parcel,where the fence is interwoven, is several decades old and survives the deer infestation. 3.The amount of relief requested is not substantial because: the lot has 3 front yards so the variance is"substantial" However, the road is a private right-of-way for the few immediate neighboring homes. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the deer fence will protect the natural vegetation and limit the spread of disease on the owner's parcel. 5.Has the alleged difficulty been self created? { } Yes,or{�No Why: the lot was created with 3 front yards prior to zoning Are there any Covenants or Restrictions concerning this land? { '�No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. ig�S` n'aTure of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) SW to bef re me this 1 L1 day of 20 ub,c BETSY A.PERKINS Notary Public, State of New York No.01 PE6130636 Qualified in Suffolk Cou�� Commission Expires July IS, RECEIVED -r�PLICANT'S PROJECT DESCRIPTIun APR 4 ���� �qt, � ZONING BOARD OF/APPEALS APPLICANT: Andrew Canning DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: none H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: none Dimensions of new second floor: none Dimensions of floor above second level: none Height(from finished ground to top of ridge): none Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: n/a M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: proposed deer fence in rear yard of premises Number of Floors and Changes WITH Alterations: none N.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: n/a Proposed increase of building coverage: n/a Square footage of your lot: 32,982 Percentage of coverage of your lot by building area: .07% V.Purpose of New Construction: deer fence in rear of parcel, located in a"front yard" 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): flat,with mature vegetation and gardens Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 - RECEIVED APR 14 2016 l4 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ZONING BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? no 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no 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? no 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? no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel house and garage and the proposed use . (ex-existing single family,proposed same with garage,pool or other) r_ __ r _v3--I Le Authorized signature and Date 1 RECEMED f„/� V APR A 4 2016 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS 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 tl:e General Municipal Law. 1. Name of Applicant: Andrew Canning 2. Address of Applicant: 175 Kent Ave Apt 506 Brooklyn, NY 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: variance fora deer fence 6. Location of Property: (road and Tax map number) 70 6 22 7. Is the parcel within 500 feet of a farm operation? { } Yes { No 8. Is this parcel actively farmed? { } Yes {fNo 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. 2. 3. 4. ` 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant 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. 617.20 Appendix B RECEIVED �(�(00 Short EnvironmentalAssessment Form APR A 4 2016 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Andrew Canning Canning Project Location(describe,and attach a location map): 70 6 22 Brief Description of Proposed Action: variance for a deer fence Name of Applicant or Sponsor: Telephone: (917) 822-3612 Andrew Canning Canning E-Mail: Address: 175 City/PO: State: Zip Code: Kent Ave, Apt 506 Brooklyn, NY 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 32,982 acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban YRural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? (o e,-vim-�O ' �ccLt-rar� Not- ? �� b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 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: RECEIVE X 8. a.Will the proposed action result in a substantial increase in traffic above present 1&�s.-1 4 2096 NO YES Cir 0p x b.Are public transportation service(s)available at or near the site of the pro ,W &Fpp OF APPEARS X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Nf� 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 77e W X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ orest ❑Agricultural/grasslands ❑Early mid-successional 11 Wetland Yurban ❑ 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? El NO❑YES �( b.Will storm water discharges be directed to established conveyance systems(run/f and storm drains)? If Yes,briefly describe: EYNO❑YES 414 121-4/i,0.en zz 42 Page 2 of 4 18.Does the proposed action include corm,ut;tion or other activities that result in the impowiament of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: A 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: t�( 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 na �'�/Ycce o Date: bo Signature: �/� RECEIV 104 APRb � � Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answeral� �,f® ��F APPEAL questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may 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 A - 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. (� PECEIIiIEO APR 14 2016 ZONING BOARD OF AOPeALS ❑ 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 RECEIVED APPLICANT APR 14 2696 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: CANNING,ANDREW AND MOORE,PATRICIA (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance x Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%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 i-3 day ofd Signature: Andrew Canning atricia C.Moore Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM APR 14 2M Gjt"O A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 70 -6 - 22 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 z0vit Yn Bo" A�(` 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: variance for a deer fence Location of action:3625 Pine Neck Road Southold "' r ED Site acreage: 32,982 A®R Ti 4 2016 Present land use: residence 'ZONING BOARD OF APPEALS Present zoning classification: R-40 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: Andrew Canning (b) Mailing address: 175 Kent Ave, Apt 506 Brooklyn, NY (c) Telephone number: Area Code( ) (917) 822-3612 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable residential parcel Wth landscaped rear yard uvhich owners wish to Protect landscaping from destruction by the cleer population. Also, protect the humans from disease Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable r � ' 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 '! Vtda � D Yes 0 No ® Not Applicable RECEIVED " fence in applicant's rear yard (with 3 front yards due to private road) AFK IL 4 IM ZONING BOARD OF APPEAL Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 11 No ® Not Applicable 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 0 Yes 0 No W Not Applicable 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 HI—Policies; Pages 22 through 32 for evaluation criteria. Yes © No[] Not Applicable RECEIVED bq(pts.' APR m � ranee Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [] No 0 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable 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. ❑ YeLl No❑ Not Applicable 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. R Yes ❑ No ® Not Applicable APR 4 ZONING BOARD DF APPS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation,criteria. ❑ Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11 20 AM RECEIVED" Board of Zoning Appeals Application APR 2016 AUTHORIZATION ZONING BOARD OF APPEALS (Where the applicant is not the owner) I, ANDREW F. CANNING, residing at 3625 Pine Neck Road, Southold,New York do hereby authorize my attorney,Patricia C. Moore,to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals owner's signature � I loam Ko. S x%10 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT APR A 4 2016 Town Clerk's Office Southold, N. Y ZONING BOARD OF APPEALS Certificate Of Occupancy : No.Z704Q . .. . . . Date . . . . . . . . . . . . Xay. . .21 .. .. . . .. 19.7-6. THIS CERTIFIES that the building located at . . . .N/S.Pine.Beck.Rd. . .. . Street Map No. .?x. . . .. . . . Block No. .xx. . . . . . .Lot No. . =. .. .4012th4li1. . N.Y• . . ..... . conforms substantially to the Application for Building Permii heretofore filed in this office dated . . . . . . . . . . .4Pt 19.75 pursuant to which!Building Permit No.U697.. . . dated . . . . . . . . . . .9ct . .?9. . . ., 19. 75, was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy foi which this certificate is issued is . Private ,one ,family,dwellipg. qjth Ari.additi.ort. .. .. . . .. . . .. .. . . . The certificate is issued to . .F) . XQ=A4ixi.. . . .. . . . . . . . . . . . . . . . . .. .. .. . . . ... .. . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval .N..R.. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. N279531. . . . .App . .�J. . .1976. .. . .. .. . ... . . . HOUSE NUMBER . . .362�. . . .. . Street . . ..Fins-Nook -Roast. . . . . . . . . . . . . ...... . . . . . . . . . . . . .. . . .. .. . . .. . . . . . .. . .. ... ... . . . . .. .. .. .. . . . . . . .. . . .. .. . . ...... ...... . . QIBuilding Inspector FORM NO. 4 RECEIVEb TOWN OF SOUTHOLD BUILDING DEPARTMENT APR 14 2016 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 26908 Date: 02/03/00 THIS CERTIFIES that the building DWELLING AND ACCP. GARAGE Location of Property 3625 PINE NECK RD SOUTHOLD (HOUSE NO.) (STREET) (HET) County Tax Map No. 473889 Section 070 Block 0006 Lot 022 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 26908 dated FEBRUARY 3, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH FRONT OPEN PORCH AND REAR ENCLOSED PORCH AND ACCESSORY TWO CAR GARAGE.* The certificate is issued to FRANKLIN T MOUNTAIN & WF. (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. Au orized Si ature Rev. 1/81 h .gle calendar x o Southold, NY-Off r x t RPS150P1.PRN -Nr -TVA 1000-63.-4-5.1-La x T D 1000-63.-4-5.1.pdf x'T Ff Pine Neck Rd -Goc- x e.com niNE-NEK+ROAD+SOUTHOLD/Cu41.0548434,-72.42i9349,3a,75} =--.34h,90t/data=!3m7!lei!3m4!ls9JY8GhQzd2 K7gmXt7vnX0Ql2e0!7i13312!8i6656Ab1!4m2!3m1!1sOx0:U rom IE - Workspace Login Mattituck-CLItC... Www.soLitho ldt... i.Home::High P... Bing Maps It WebCivil Supre... FedEx.t Trackin... li Bing MY STUFF HPU ©Office Supplies,... ^� u_ APR 2016 „ t r v Kf 't G BOAR .r {k� �� � '' � tr 7``.' .. - :. �•;' � .�.+ • _.fie 1 SSj,JKp�•. . h rf ilk ; Canning 3625 Pine Neck Road, Southold sctm: 1000-70-6-22 y1' f t y, ��. � � ..�eYYiy aa�ikY, _ .°•fir - d�. `. h. iM1 :Y..�, 'y�,[ ., ry'Q y r€'7i �'.{ /,;; �,.� •{A' i,i'q,..,.�.'' y t } —:, -+ d+ •� ��: , � �• is� � - _ 'slfP '\'- 1�7'• j ��a� �'.�rr- ;-.�j� �� �� �"•t '_ , i) (� � � 'ry: r. �x�1 1 'Yi'�A° x' rti 'r � ^t� ''j� \; -ie' `� �r� It ems. "'' 9.•. O 1,+5 ` i„ t,•f �� Sed �* r. - T <y'..srf MR / tfat,.• s. r � YlF{ M `1 " ol �f ,�. -< ��"._ � fir. e�/��%' 'f• 'ra ; '�� ,' k��$'�• ■ ` l r 'Sia. ) 4 �.'� J'�. 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LOT IL APD FORJERN E l� 1N �Q E l, ACREAGE Or-APPEALS ell Nr2 BOA PE BUILDING �cm� En S - RES. SEAS. VL, FARM COMM. IND. CB. I MISC. y Est. Mkt Value I L ~ LAND IMP. TOTAL DATE REMARKS 0 wl? l a a I , �L L l�- — e�C c i r. L'C . i� a a u � o d �� jt� �02 � r �^ i ivae ts :av �,,P z •, w ra l3 6 Q C} 0 Q !� s3 1S" —i/; 7120 vo— L l 2 91 G / — 7600 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD t 7,0 /• x f b 6r' ,.o Tillable 1 BULKHEAD Tillable 2 LO DOCK F) Tillable. 3 Woodland N "' Swampland m Brushland NHouse Plot N (T7 CS) r Total N REOEIVEO . � �vre 5 M t• 'APR 14 2696 Co -a Q ZONING BOARD OF APPEALS a- _i I W U) ` I LO <1 ca1,4 - o ! _I � •I 1 I - i i 0 i � I IA. Bl �t .x j, - �' �j/ Foundation Lb Bath -- 7 ,j •ok ..xte i /o �,` ,I $�s-- 3 � Basement G L Floors Q- as Ext. Walls Interior Finish I, xtens rl 2- �j s (� � � ------------- Lo M :xtension Fire Place Heat LO Porch Roof Type Lo - Porch Rooms 1st Floor - I Lo I reezeway Patio Rooms 2nd Floor m iarage X s' S 2_ I /a v S S Driveway Dormer m >. B. N j tY7 m ELIZABETH A:NEVILLE,MMC Town�y Town Hall,53095 Main Road TOWN CLERIC P.O.Box 1179 H Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®1 .�`�O www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 20, 2016 RE: Zoning Appeal No. 6960 Transmitted herewith is Zoning Appeals No. 6960 for Patricia C.Moore for Andrew Canning-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form from Andrew Canning and Patricia Moore, LWRP Consistency Assessment Form,Notice of Disapproval to Patricia C. Moore for Canning Dated 4/4/16,Board of Zoning Appeals Application Authorization from Andrew F. Canning for Patricia C. Moore, Certificate of Occupancy No. Z7040 Dated 5/21/76, Pre-Existing Certificate of Occupancy No. Z26908 Dated 2/3/00, 6 Pages of Photos, Property Record Card, Survey of Property. * * * RECEIPT * * * Date: 04/20/16 Receipt#: 203201 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6960 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#10000 $250.00 Patricia C. Moore Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Canning, Andrew 3625 Pine Neck Rd Southold, NY 11971 Clerk ID: SABRINA Internal ID:6960 PATRICIA C. MOORE Attorney at Law D 51020 Main Road Southold,New York 11971 JUN Tel:(631)765-4330 Fax:(631)7654643 .fGd June 8, 2016 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 RE: CANNING - APPEAL # 6960 PROPERTY ADDRESS: 3625 PINE NECK ROAD, SOUTHOLD SCTM: 1000-70-6-22 Dear Chairperson Weisman and Zoning Board of Appeals Members: At the public hearing on the above referenced appeal, the Board requested that I provide them with a copy of the building permit application for the deer fence. Enclosed are the following: • Building permit application filed by Andrew Canning on August 26, 2015. [Exhibit A] • Survey by Canning property prepared by John C. Ehlers, LS dated July 10, 2015 [Exhibit B-1] • Enlargement of Exhibit B-1 with Amanda' s handwritten notes, as well as the front yard setback line she identified which is shown as a solid line (drawn by Amanda) Her notes and her identification of the front yard setback line are highlighted in yellow. [Exhibit B-2] • Survey of Canning property prepared by John C. Ehlers LS updated March 30, 2016 with deer fence identified in highlighted yellow and numbers 1-5 which correspond to the Notes below. [Exhibit B-3] • Survey of property now or formerly Berkowitz prepared by Nathan Taft Corwin III, LS last dated March 26,2008 [Exhibit C] Patricia C. Moore Attomey at Law June 8, 2016 Re: CANNING APPEAL #6960 Notes : 1. The deer fence is properly shown on the updated March 30th survey [Ex. B-3] The location of the deer fence is slightly over the front yard setback line in order to go around a tree. The applicants would correct this if required by the Board or the building department. 2 . & 3. The survey [Ex. B-3] shows that the deer fence is away from the right of way and also shows that the shared asphalt driveway deviates from the deeded right of way at (3) where the drive turns to the west. 4 . & 5. The deer fence runs along the boundary of the right of way. An area south of the trees at 5) had been an expanded parking area created by the former owners of Mr. Canning' s home. This parking area has been removed and incorporated into the landscaping performed on the property. The trees that have stood within the described right of way have been left undisturbed. The elimination of the parking area has not changed the dimensions or the manner in which the right of way has been used. Response to comments at public hearing: A. The erection of the deer fence has no impact upon the manner in which the right of way has been actually used by those with rights to use it. The right of way as actually developed and used has deviated from the described right of way [ie. Ex. B-3 where it "cuts the corner" of the described right way. ] The long used asphalt drive shared by the neighboring properties, was never widened to the full 20 foot width as the right of way is described. The survey of the Berkowitz property submitted in Appeal #6165 shows the improved driveway crossing that property at less than the full width of the described right of way as well. [See. Ex. C] B. Any desired widening of the asphalt drive within the right of way would require agreement among all of the affected property owners. The width of the traveled [paved] right of way as it has been established and used cannot be changed unilaterally. C. The deer fence is screened from view and the applicants would accept a condition of approval with a covenant that they would maintain the screening. D. As to the Town Engineer' s comments, the building department did not consider the Canning property to be a "corner lot" therefore 280-106 is not applicable. The easterly two homes (Tax Lot 1000-70-6-26 and 25) have driveways fronting the right- of-way at the corner. The westerly homes have right turn only to Pine Neck and the asphalt already encroaches on the applicant' s property. The deer fence is well inside the applicant' s property providing a clear line of sight for cars coming from the westerly end of the right-of-way, or from their driveways . All cars using the right of way should not be traveling at more than 3 miles per hour. Trimming back of vegetation on this private road should remain an issue for the neighbors to resolve as a group. It is respectfully requested that the application be approved. Very truly yours, Pa icia C. Moore PCM/bp Encls. cc: Andrew Canning TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECICLIST BUILDING DEPARTMENT Do you have or,need the following,before applying? TOWN HALL ` Board oQlealth SOUTHOLD, NY 11971 `" �j 4sets,ofBuilding Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 ,Y SoutholdTown.NorthFork.net PERMIT'NO. Check Septic Form i N.Y,S.D.E.C. Trusfees _C.O.Application J uU i� Flood Permit Examined ,2t) ` 1 Single&•Separate -AUG Z s'` Zo15 • Storm-Water Assessment Form Contact: Approved20 rI.Q� DEPT" I ` ' Disapproved a/c 7''`t'�•G!'';,Ol i'+;:r ' NQ , -L4 .Phone �i� Expiration 120 Build i n. pec 'r_. ?'- � a APPLICATION':FOR BTJILDIN.G'PERMIT Date G(,2�5 2-�0 , 201-- INSTRUG'T-IONS-- a,This application MUST be completely filled imby'ly,oe'lvr'ifer'or ii.iirik,aind.submitted-to the Building Inspector with"4 sets of plans,accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of-buildings on•premisesUrelat'roriship,to:adjoining.premises'or-public streets or areas, and waterways. c.The work covered by this application•may,.•,not.be commer}ced..>efore•is"suanc�e•of BuildingPermit. d.Upon approval of'this application;the Bui]`cling Inspebtorwill issue a Building Permit to' he applicant. Such a permit shall be kept on the premises.available for inspection:throughout thawork. ti,T;: e.No building shall be occupied'o'r:use'd in wHo1'e'or in''•paff f6r`'any purpose what'so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall•expire if the•work.autho;'edth'as not:cQrnrnenced-�within f2 months after the date of issuance or has not been completed within 1.8 months'from sucli•:cl;3tpi f nt:goning'amendments or other regulations'affecting the property have been enacted in the iriYerim,the BuildingInspectoflay authorize,in.writing,the•extension•of'the•permit for an addition six months.Thereafter,anew permit slialf.be required. ' , • APPLICATION ISI-iEREBYMADE. o':thq,,B,ul>ciii%gll�.,partmen`t, pr;the'iss iiAge bf a$uildipg"Pe:mit pursuant to the BuildingZone Ordinance ' i= ,r n ofthe'Tovl+ri;of S;Qutl;old,S o k'.Cptuily;;►Nev�t ork;,andrgthex ppltcable.':Law ,;9rdinances.,or Regulations,for the construction of buildings,additi`o'ns,or alter,'_tions'%;fqr, emoyal pr.°de nolition;as herein described.The applicant agrees to comply with all applicable:laws,ordinances,bi0ding;code;ihousing`Qgd"•and,regulations,'anci'to:admit authorized inspectors on premises and in building for necessary inspections. % ' •($ignature of applicant,or name,if a corpora ion) ✓2�U 2-� ::rt 6 VJ Zvi 4-6 .9 Vu-114o L11 '(Mail'ing'addrdss;of•applibant)' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or,builder Owe - r Name of owner of premises �::qw .i•� �,J,\s•� • '(As'on 6 tax'roll'or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License•No. „ Other Trade's License No. 1. Location of land on which proposed work will be,done; L�-j L= tv u-�Ct-l-o L- A - House Number StreetJ, ' Hamlet ! flBYWO .J-YBOAP*r AFIC" 'NR'A TIO:rr',ra,oU9U9 YnATO W County Tax Map No. 1000 Section �a �1oc14,,n T;���,n,�, ,,,,� Lot YT141000 yJ099U2 hl 03IIIJAUCY 5,OE 7t4Ul.2gr-11qX3 yiC1221t�1 X40:) 3uoaivision - Filed Map No. _Lot 2. State'existirig use'and ocdupancr�+'of' ' '"' i ' s and intended use and occupancy of proposed construction: , a. Existing use arid'occupancy S►�G-•z L�t- FA-A.A 41_� No rytG F"' b. Intended use'arid`occup'aricy A—, 3. Nature of work(check which-.applicable):New Building -w Addi't'ion ' Alterati'on Repair -- Removal„-`-"• Demolition Other Work (Description) 4. Estim_ ated_ Cost J ,� .• Fee - -- - (To be paid'on filing this.application) rip 5. If dwelling, number-'of dwellirigufrits Number of dwelling'units on each floor If garage;=number'of;cars••• - • AiF.1� ��' 6. If business, commercial or mixed joccupancy, specify nature and extent of each type of use. 7. Dimensions,of existing--, if any: Front - Rear -Depth Height -Number of Stories Dimensions of sari tructure with alterations or4dditions: Front Rear "' '' � tHeight , , :.F;.Number of Stories 8. Aifffiensions of entire new construction:Front,,f s, ;'a rj i4 �'.r ;,TRdar.t:- •.: , : Depth Height N6a ib" of•Stories`" r . 9. Size of lot: Front ,`'Rear depth 10. Date of Purchase '•� , 'Nam'e,:of Fgi'rin'e xOyner,r ;, 11. Zone or use district -in:which,preiinises,are,situ�ted . �" '• ' ''' •4: nI'. .44. 12. Does proposed con'stfuc'tioii';v olate,MY,zoning"law;6gdiiiat}ee'or`regulation?•YES,, NO ,If ,5i^l i;l'•-,lJ - • pn, �. :',`,i,J.._ i11 'J •�i��f .. : ., •.. , 13. Will lot be re r ded? '• `' ' � ! '•' ' ''' ' '•` -g YES _ ,N•0 Will extes f llyb`d�'Yei'iio; ed;'fr'om premise`s?YES' a NO ' i., i .. ,.. �"� ,'t•. •.a'i..�: :t -. .i •s 'fir 14. Names.of Owner,of premises_ ,, A. . .. ,dd�reessss.: , Phore No.Name ofArchitect .ti -- „�..j. .;a,�. ,,.• r .Phorie'1Nn Name of•Cbritt:acior �';' ' ;;ii,' add•Edi. A t` as' Phone No 15 a. Is this propertywithin:1,00,feet;of:a:tidal,wetla d 5 ` ,`I i ..•..+ ' * IF YES' ,z n _or;a fi�esl yyater wetland- `,YES'. IN ,.SOLJ'I'HOLD'I`OWI :}TRIfS;lE2IVMIS1�ii�ArY'BEr,REQtJIRED.: b. is thisroe wit bi iin X300,deet'o 1 1? p rh' r 'fia',tidal•-wet a SES:•a,; ', , NO;;.''', * IF YES;-D:E.C.PERIbZITS IVIAY'BE:REOUIRED:' � •r,: r rs:;�;,•r - 16. Provide survey, to scale, with,accurate foundation plan and distances to property lines. 17. If elevation at anylpoiiit 6Jri- roperty`i's-at40 feet or below, must provide topographical data on survey. 1'8:Are there.any covenant§and:resfricfions-with respect to this property? * YES NO IF YES, PROVIDE�A COPY. STATE OF NEW YORK) SS: COUNTY OF5j&Lk)A(\d C a 0 n I Yl ?•being�dul �Sw�Or�n;%dep"oses=and says'that(s)he is tlie'applicant (Name of individual signin ntract)above namedr', ' ••.... ,S)He is the (Contractor,Agent, CorporawOfficer,etc:) )f said owner or owners, and is duly authorized to perform or-have-performed-the said-work-and to make and file this application; .hat all statements contained in this application are true to the'best-of his-knowledge•and belief; and that-the work will be 3erformed in the manner set forth in the application filed therewith.--- -- --- .• Sworn to before me this - day of U 201 AaLw V"A Gr Notary PubliO TRACEY L. DWYER Signature of Applicant NOTARY PUBLIC,STATE OF NEW.YORK NO.•01DW630690011-'`":,, QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,292 6-` PA5CQUALINH - - l �J: g-A.� ' • - -. ,.' -._. - ..---::----�:`-'- ::��• ter- �-y_ -� '-- :- .' � 0 V" j `• - i +fir �c 1t •` r ` �L �• 23.6 � __� G FRAIV1E W 1 x 1. t z r GARAGE 7130 x t 70 PAVER ` T {. ZZ O -f 10 Iv1E °'Q s 00 C'. 5 OOP ; ' ' 1 _!0,0 122 70 o rn �- C I 16.0 x �_ O 8.3 p Z O 2.0 EP2- 5 AAE�OUSE x G 70 70 7Z ni G4.3 - 70 70 -ct c COVERED---' 5TONf- ` _. � PORGH WALK 7� (,'hl S �• �- - --- � O ���C� is S_: ... ••i � � ® !tel Io 'ch ►'S ; : y)b\0y r 74 -5 9 11 5610-40100 ND S U KV EYO R NEC a5�halt road Y -Y•S. LIC. NO. 50202 ' S9-8288 Fax 3G9-8287 i i � - i i i i i i ��� �, URVEY Of PROPERTY �ITUATE0 �OUTHOL® LAND NOW ORFOIZMERLYOF: ` y / BETHANNA R►EGER TOWN :V N : 5 O U T H O L LAND NOW OR FORMERLY OF GERARp RIFGER E �/ BREESE PROPERTY TRUST S U E EO LK COUNTY, N I p NOW OR FORMERLY OF: SURVEYED 07- 10-2015 LAN pANIEL 6ER►`OW UPDATED 03-30-2016 pASQUAI►NA 6ERKOWITZ SUFFOLK COUNTY TAX # — 1000 - 70 - G - 22 �°. �' �. CERTIFIED T0: A1D in •.I ANDREW CANNING - Z , N _x RP ME to a,rn Z F r O GARAGE to r9 x C�< O I ➢�o 70 70 nnO � t- PATIO I 9_ 1 00 rn ZO G.fr 5TOOP Q9' ZZ Z 3 T 0 arn o➢�O '� 8.3' Q IG 5 ::�5�0 Mg�70 TORY =�G�-a 2OFtzAM G ! �' /-o ------5\4'---- Zrnrn x x x X xr—x� 64.3' �- !6 GOV�RED STOAT I PORGH W t 'Unauthorized alteration or addition to a survey j P map bearing a licensed land surveyor's seal is a violation of section 7209,sub-division 2, of the � 'FF New York State Education Lon.' l •� OWN e.E,t,� 'Only copies from the original of this survey i spi marked with on original of the land surveyor's O stamped seal shall be considered to be valid true copies' pl� � R ;• -��}.,; �'m 'Certifications indicated hereon signify that this 't •;q, _ � survey was prepared in accordance with the ex-fisting Code of Practice for Land Surveys adopted �J vl . t`-'-'•°�` by the New York Stole Association of Professional 1 / ✓ Land Surveyors Said certifications shall run only 1 to the person for wnom the survey Is p,epared, (]�r. and on his behalf to the title company. governmen- �?��`, `St�202 ��+r tai agency and lending institution listed hereon,and �� � �l�iryrj.Y to the assignees of the lending institution Certiffica- /l /1 00 11 'T ,,,^.�{ND S t�'' tions are not transferable to additional institutions �n I ° 40 NOTES: L:d'.:r,: � l7Jl °�1 0 MONUMENT OJ D FOUND JOHN C. E H L E RS LAND S U RV EYO R P\' NE�� SOA -'X X— MESH FENCE e alb roadway SPLIT RAIL FENCE ag�h G EAST MAIN STREET N.Y.S. LIC. NO. 50202 Area = 32,982 Scl.Ft. KIVEKHEAD, N.Y. 1 1901 3G9-8288 Fax 3G9-8287 Area = 0.7572 Acres longi5landland5urveyor.com GRAPHIC SCALE 1'I= 30' 1 15-IG2 °. �� I I� a � DRAINAGE SYSTEM ULCULATIONS., SURVEY OF PROPERTY ROOF AREA,2.604 eq 11 SITUATED AT CREEK 2,604 eq „ %OA=4ve ka fft 403 ID ,f.8 42.2 t=11 high Sl R 4/8'Ela.IeaahlOB Peel rogalrad ,• SOUTHOLD J0 CKEY PROVIDE(2)6'XIPI%fi'h1RN STORM DRAIN FRU PROPOSED 8'01A X 6 DEEP ORYI'sE119 FOR ROOF RUN-OFF ARE SHOWN THUS'ti D TOWN OF SOUTHOLD EXISTING LOT COVERAGE DATA SUFFOLK COUNTY, NEW YORK OVER UPLAND AREA S.C. TAX No. 1000-70-06-23 S 85.40,00„ IPLiND AREA=TOTAL LOT AREA-WERAND AREA s a,♦36 E UPLAND AREA=26,607 eq,N SCALE 1"=20' N g2 11'1 3 52 )7.72' ' DSCRIPT1oN AREA n S�D'S7'39" 1�gO2A � �'"" n n �+ U1 HDust z,zsa.q n ECOVEMOE MARCH 12, 2007 JUNE 15, 2007 PROPOSED POOL o SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE PORCF 163 aq ie WooDDECKS&STEPS 166 eq ft. OCTOBER 30, 2007 ADDED PROP PORCH & STEPS DECEMBER 14 2007 REVISED NON-TURF BUFFER MARCH 26, 2008 LATH PROP POOL&ADD ADDITIONAL NOTES POOL 331 eq rf m TOTAL 3414 eq ff AREA= 28,191.10 sq ft. / pLt x N EL B) � ge (To TE LINE) 0 647 ac PROPOSED LOT COVERAGE DATA NOTES t�j°'2 OVER UPLAND AREA PROIv y I' PLAND AREA=TOTAL LOT AREA-WETLAND AREA 1. ELEVATIONS ARE REFERENCED TO N,G V.D 1929 DATUM 1p� 9s NON 7 BUFFER Y= pROP09E0 jHTIXTEMPY UPLAND AREA=26,807 sq,If EXISTING ELEVATIONS ARE SHOWN 7HD519 I2` p 14 PROJECT-DNIPNB FENCE 1'3 N &ROW OF STAKED NAYSALES "12 DSCRIPTION EXISTING CONTOUR LINES ARE SHOWN THUS: ————5—--—— 1 - r a C JZ AT COVERAGE ` IC ———— B EXISTG HOUSE 2,254 DOR x Te _ H.1IST f a2 GIRAGE fLDGR RJy2 PATIO PRGP05L�SOL F1000 EXISTS PORCH 163 x a _ CP"OpIN qµy —-lA SET LM / EXISTG WOOD DECK 43R - GOTTOR OF WALL \ SET uTH en N ,�•+ psx Ls}e" 7_ - xL+•6 x 2 FLOOD ZONE INFORMATION TAKEN FROM. A� PROP;ED POOL ne It x FLOOD INSURANCE RATE MAP No. 36103CO166 G SET LaH Pool �e ZONE AE BASE FLOOD ELEVATIONS DETERMINED ,J EXIST C'PLSp PROP3E0 SCREENED PORCH les H. x- - RF POOL —16 ZONE X AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLCODPLAIN SET IATN ,fpP75px(4X 6 YL'0'X3� PROMED WOOD STEPS a8 240 \•f39x�-- 11'1-tTOTAL 3,870 eq ft 14 Sx sEl 1ATx . ti s mlk� '^——— \ . N zs h o CERTDANIE Q_To pPfl 2 5 ?AD7 d1HLm _,wefi' —t6 mb, DANIEL BERKOWITZ 1 [v��a� 1 �hY I6^ Ts A@0 ie0 Jc-16' 95' ^ a y PAS4UALINA BERKOWITZ "f R1� PECONIC ABSTRACT INC BOARD OF APPEALS '� / Hpmy FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK e-, 2m L`l•q `R Op 1 STORY iRANE HOUSE mC Z>� PPOO� u &GARAGE WITH OOPYER9 k gig9 -*I ZZ BB T_• UNAUMARam IL1fMP4Y pll/.ppmpw A Fh� -0•• 10 Y ^ x� 10 nils wlWn 6 A VXIGTIpx OF / ti 21,,p iu scFweiur°Niou usw6 lxs rsry xpRrc sr.rz 16 4 ^ TNPp3 pP MS-RN.N01 BGRWa NE uAD SURxEVGRS wXm SGL OR� yTp XaI • ' •���\•\ g DroemESEn srx vW1.NO1 6[EaN9peRm �g/p Y�RL eW^ hSL A VnliP T(AIE COPE RS KY�+ a Q CFR1101GnONS INpIGiEp MAFAN SNWL RUN 4'011>ftLLEP n a $ ONLY TO IME PD6DN TOR MHOY tNE SYRVEV FO �v "�tIDY�INS11111R011 pOWN. POOH. �/ I �d • , ° l " IS PRFPNiEp AIID ON 105 BFIWF N ME //( 1 I • ,I• 10 ME ASgGIEFS G'INE LENDING PS11- 1 ` F @ IIIIIGN CERRRGngNS ARE Nm TPAIL4TJiNGLE 10/ THEA ,EXISOi RIGHTS OF WAY ANf I I$ /J� � W N TENCEEASH6EOWNNENTq OF NOT CUAR9REOORp,R �ws b mar. I • = 32a pF ARE . —t+-.�——=��^ I � Fs•1 'WRII T2 NINIWM M2121. A 21 1 im E6t uF'S ACES ABISpy F1NAL M ESpGN "P VA. AswcunG p New R�VIEWEG a GOP + �L}1 I 1' —S wAY 139 54' DECISION � Z SIOpxNX w I •. • rim e'PGS w'w�E 20. WIDE R)CRT OF SEE®EC - DOPTED_�--- N � /�—� -^— � ' 3i•7J�1 —-�-—_. z J� .gip` .'i30.94• 5 ars ' _ --- - tee Nathan Taft Corwin 092 -— 7,11FLand Surveyor P�T LISA MILLER RAIN NECK p�0 AD TAYLOR"ERNER �TNT,i rU-Servgs-S.W.on,- sfe Prone- coneM,sbon Layem DLAgS SCOT ABRNER 1 Jj PHONE(631)727-2090 Fpx(631)727-1727 T,fEREDlTN OFFICES LOCATED AT 04'L INC ADORES 322 Roee ft— PO IbX 1931 RlverNead Nea Yoh 71901 ReehemL Nee Y. 11901-0965 'JUN , 2016 June 14, 2016 To: Southold Town ZBA , Reference: Andrew Canning #6960 We strongly object to granting a variance for the location of the-deer fence on the Canning property: We have,a Right of Way which is shared by seven households and is located on the east and north side of the Canning property. They removed a paved bypass which was- located partially on the south side of the ROW and partially on the,north side of the Canning property. This bypass was'used primary for parking for construction and landscaping vehicles as well as for visitors to the Mountain's and Bain's who were the previous owners of the Canning property. It also allowed an unobstructed ROW for emergency vehicles. Canning'broke up the paved bypass, planted trees and shrubs and.installed an 8 foot deer fence without a permit. When Canning first spoke-of deer fencing`approximately two years ago, we told them,to check to see if they required a building permit. We only learned that they did not have a permit when we heard of the ZBA hearing from a neighbor. The fence is mostly along the property line however part of it is on the ROW. They claim the newly planted trees and shrubs will screen the•fence, however the plantings along with,the irrigation system is-on the-ROW. Canning has been having extensive work done to their house and property since'their purchase of the property. This has become a major problem as the workers often park on and frequently block the ROW since the bypass was removed and fence constructed. We and-others have often needed to find the driver and ask them to move the vehicle to-clear the ROW. THIS WOULD BE TRAGIC IF THERE WAS AN EMERGENCY. We have written and spoken to Brothers/Canning regarding this problem and have asked that they tell their workers not to block the ROW. Unfortunately the workers often continue to block the ROW. We request that the ZBA considers the safety and well being of all the-residents of Jockey Estates when ruling on this application. Jan and Charlotte Jungblut 3295 Pine Neck Rd. Southold, NY RECEIVE Fuentes, Kim JUIV 112 01 From: Fuentes, Kim ZONING BOARD OF APPEALS Sent: Monday,June 13, 2016 8:09 AM To: 'Eric Dantes; George Horning; Gerard Goehringer;Jerry Goehringer--2nd Opgnfli@gmail.com); Schneider, Kenneth;Weisman, Leslie Subject: ZBA Canning #6960 deer fencing Kim E'. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Pasqualina Berkowitz [mailto:packyb24(Qbaol.com] Sent: Friday, June 10,.2016 9:05 PM To: Fuentes, Kim Subject: Fwd: deer fencing Here is an email from Mr. Brothers. Please pass along to the Zoning Board. As I mentioned - I didn't have a problem originally until I realized that their Deer Fence Project and their Landscaping Investment then encroached on the ROW. Their original email from last year stated otherwise and assured us that their ROW Boundary was 1 foot south of the trees which in actuality is more like 3-4 feet. Begin forwarded message: From: Jeffrey Brothers <jeffreywbrothers(cr�yahoo.com> Subject: deer fencing Date: April 6, 2016 at 10:00:25 PM EDT To: Pasqualina Berkowitz <packyb24(D_aol.com> Cc: Andrew Canning <afcanning1960(a_yahoo.com> Reply-To: Jeffrey Brothers <ieffreywbrothersCa)_yahoo.com> Hello and Happy Spring. Andrew and I are in the process of obtaining permits for some inside work we'll be doing to the house and included the deer fence with our various applications. While the fence would not normally be an issue, in this case it is. Oddly Southold•Town considers our property as having 3 front yards because we have'a right of way that runs along the side and back of our property. Because of this we have to apply for a zoning variance in order to obtain the permit for the fence. Southold Town has also stated if we did not access our garage through the right of way this would not be an issue regardless of whether others used it or not. So basically if we accessed our garage from Pine Neck Road we would not need a zoning variance. This makes no sense to mebut it . is what it is. We've started the,process for the zoning variance since it's easier and more asthetic than building a new drive way off of Pine Neck which, by the way, requires no permit; however if the town denies the zoning variance we may consider this option. We have made investments in landscaping (and continue to-do so) to ensure that the fence is well hidden. We wonder if you might write a short letter'stating that you are not opposed to the fence so we can present,it to the town.."If you are opposed to the fence please let us know so we can address it directly with you. If you prefer not to get involved that's OK too! No hard'feelings either way. We appreciate any help on this. Jeffrey and Andrew 2 Fuentes, Kim _ _ --- JUN 1'2 2016 From: Fuentes, Kim ZONING BOARD,OF APPEALS Sent: Monday,June 13, 2016 10:25 AM To: Eric Dantes;George Horning; Gerard Goehringer;Jerry Goehring'er-2nd Opgnfli'@gmail.com); Schneider, Kenneth;Weisman,-Leslie Subject: Canning #6960.Zoning Hearing Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From Pasqualina Berkowitz [ma iIto:packyb24@aol.com] Sent: Friday, June 10, 2016 9:15 PM 'To: Fuentes, Kim Subject: Fwd: Zoning Hearing Here is another email'which I sent to them. Please send to zoning board. Thanks, Pasqualina f From: Pasqualina Berkowitz <packyb24(cD_ao1.com> To: afcanning1960ayahoo.com; ieffreywbrothers(@_yahoo.com Sent: Tuesday, May 31, 2016 8:50 PM - Subject: Re: Zoning Hearing Andrew&Jeffrey, I am sorry you feel that way. I have tried'to open a dialogue about the trees and Jeffrey had to speak to your attorney. I initially asked him about them this past winter/early spring. When I asked him about it again he said he had to circle back with her. Over a week has gone by since my last mention of them with nothing back from him. That being said, that has nothing to do with your planting in the right of way Why did you think it was okay to put landscaping in the ROW? I was misled by Jeffrey's original email from last summer saying that the ROW boundary was one foot south of the trees. I took. him for his word. Your survey says otherwise. The plans that you shared with us were not accurate. I have tried to be supportive but when I saw that you took things to another level when I received the notice from your attorney, I was very disappointed. I feel that I am being open with you about this by giving you a heads up. At this'point,-the only thing that would remedy this situation, in my eyes,,is for the trees to be removed so that the road is widened. 'Had you not reincorporated the parking back into your yard, your construction vehicles would have a large parking space and would not be inconveniencing your neighbors by continually blocking the road. The permanent neighbors have my sympathy because your construction vehicles, landscapers and delivery trucks are continually blocking the roadway making it hard to pass. It is not a'nasty comment, it is a fact. I`know I contacted Jeffrey about the road being blocked last summer'and I feel that you are not very sensitive to the issue. I am not out there often other than during the summer but I feel that trying to drive down the right of way is a constant problem. I was furious when your worker offered to hold back the branch this morning rather than moving his truck. He was completely missing the point. We spent nine solid months working on our house and never once did I field a complaint from the neighbors. I made sure that my contractors were respectful to the neighbors and that the road was easily accessible. ,* �q6-0 I'm sorry that you feel this way but I guess you may not have realized the impact that your actions have had on all of us. Pasqualina & Dan z IRECFIVED Fuentes,"Kim uN 13 2®16 ( 6® From: Fuentes, Kim aim up AP (-- Sent: Monday,June 13; 2016 11:16 AM To: Eric Dantes; George Horning; Gerard Goehringer;Jerry Goehringer-2nd (jpghfli@gmail.com); Schneider, Kenneth;Weisman, Leslie Subject: FW:Canning appeal #6960 See below more comments Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 'From: wgieckel@aol.com [mailto:wgieckel@aol.com] Sent: Monday, June 13, 2016 11:00 AM To: Fuentes, Kim Subject: Re: Canning appeal #6960 Ms. Fuentes, I would just like to make a further clarification regarding the below indicated'Right of Way. The R.O.W is privately maintained by the residents of Jockey Creek Estates. Every 10-15 yrs it is completely re-paved and re-sealed. The most recent time was in 2010. We all paid as a whole., The Bain family previously residing at 3625 participated. We do not pay individually for our adjoining sections. In fact Mr.,Jungblut does not own any of the right of way but participates since he requires access throughout the entire R.O.W. The owner of 3625 ripped up a portion,of the community asphalt paved road that we had all paid for and depend upon for access. The owner then further obstructed the R.O.W. with plantings. , Respectfully submitted, William Gieckel 3445 Pine Neck Road -----Original Message---- From: Fuentes, Kim <kimf(a-)-southoldtownny.gov> To: 'wgieckel@aol.com' <wgieckel(aD-aol.com> Sent: Wed, Jun 8, 2016 2:33 pm , Subject: RE: Canning appeal#6960 Yes, I received your email and forwarded same to the Board members. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: wgieckelCabaol.com [mailto:wgieckel(&aol.com] Sent: Wednesday,June 08, 2016 1:54 FM To: Fuentes, Kim Subject: Re: Canning appeal #6960 Kim, Just wanted to make sure you were in receipt of my email. Thanks, Bill Gieckel . 1 . -----Original Message----- From: wgieckel <wgieckel cDaol.com> � l(✓"d�® To: kimf<kimf(a)southoldtownny.gov> Sent: Mon, Jun 6, 2016 1:57 pm Subject: Canning appeal#6960 To: Zoning Board of Appeals, Town of Southold, NY From: William S. Gieckel, 3445 Pine Neck Road, Southold, NY 11971 Subj: Canning Appeal#6960 I am in agreement with the Zoning Board of Appeals decision to Disapprove the Request for Variance. Regarding an even more egregious violation: I am also voicing my objection to the closing of the Right of Way directly behind 3625 Pine Neck Road. This has been caused by the removal of the asphalt drive and planting of shrubbery between the "as built" deer fence and the two large trees indicated on the survey. This has impacted my ingress and egress for my home at 3445 Pine Neck Road. If the neighbor at the Breese property built out into the right of way as have the owners of 3625, the right of way would be completely blocked. This is the only way in and out of my home. The Survey of Property clearly indicates FE. ALONG R.O.W. This R.O.W. has been intentionally blocked by the owners of 3625 and should be restored/repaved when the deer fence has been removed. Respectfully submitted, William S. Gieckel *As indicated on the survey and in Southold Town and Suffolk County records there are three (3) owners.of the property at 3445 Pine Neck Road: WILLIAM GIECKEL MATTHEW WERNER MEREDITH WERNER z 41 , Fuentes, Kim From: Pasqualina Berkowitz <packyb24@aol.com> Sent: Thursday,June 09, 2016 7:54 PM o To: Fuentes, Kim D Subject: Re: Canning Hearing 6/2/2016 Appeal #6960 jug Hi Kim, I was unable to attend the hearing last week but my neighbors the Jungbluts gave me an update. I am just writing to say that since the hearing Mr. Canning and Mr. Brothers have put additional bushes in the right of way and installed irrigation in the right of way. I don't understand how they could do this knowing that they are in the process of getting a variance for something that they went ahead with without going through the proper channels. It! addition, I heard that they need to maintain a screening of the deer fence. Please keep in mind that the fencing lies on the boundary to the Right of Way and the vegetation that they have planted to screen the fencing is IN the Right of Way. I would imagine that any screening would have to be on the boundary and not physically in the right of way? If that is the case then the deer fencing would have to be relocated along with the landscaping that is currently encroaching in the right of way along with the newly installed irrigation system. Could you please pass this along to the Zoning Board. i I am attaching additional photos of the newly installed irrigation and bush that are in the Right of 3� l ,µ TT'ss',,,, ��yy S to k r a �y � a 0 w t Way. 2 t � f , " a r rye k 4 ry� ywllr d 4 d � g ro n . t (09 Sincerely Pasqualina Berkowitz On Jun 1, 2016, at 5:21 AM, Pasqualina Berkowitz <packyb24naol.com> wrote: I added a sentence to this email if you wouldn't mind using this letter. Also please confirm that you have received this. Thanks Pasqualina 4 1 Fuente_ s. Kim _ D TOCEE From: Pasqualina Berkowitz <packyb24@aol.com> JUN o Sent: Wednesday,June 01, 2016 5:22 AM To: Fuentes, Kim BY'-- Subject: Fwd:Canning Hearing 6/2/2016 Appeal #6960 Attachments: IMG_2527-1.JPG; Fwd_our common roadway.rtf I added a sentence to this email if you wouldn't mind using this letter. Also please confirm that you have received this. Thanks Pasqualina Dear Ms. Fuentes, To follow up with our conversation from last week, I am writing to formally withdraw our support of,Mr. Canning and Mr. Brother's request for a variance for their deer fencing. I had previously written a letter supporting their application. Please disregard it. After receiving the notice of their hearing from their attorney, and looking at the survey, I realized that we could no longer be in support of their application for this variance. Sometime last year Mr. Brothers let us know that he was reclaiming a part of his property that lies a few feet south of the right of way running along the back of his property. In his original email he stated that this area began one foot south of the trees which are on the right of way. At the time I was disappointed because by doing this he was making two way passage along our part of the road impossible. He made it clear that the right of way ended one foot south of the trees and everything beyond that was their property and not in the right of way. Although there are two large trees in the middle of the right of way, there was enough room for cars to pass on either side of the trees at the time. This part of the roadway had been like this for over fifty years until Mr. Canning and Mr. Brothers decided to make this alteration. The other major impact this project had was to remove two parking spaces that were used by the previous homeowners. Since these parking spaces are no longer there, all of their contractors, delivery trucks and landscapers are continually parking in the right of way making passage even more difficult. Once Mr. Canning and Mr. Brothers reclaimed their property, the area south of the trees was no longer accessible to vehicles. When they presented this project to us, they assured us that everything they were doing was within their C property and not in the right of way. Upon receiving the survey from their attorney, almost a year later, I realized that this was not the case. When they reclaimed their own property and installed deer fencing on the border of the right of way, they subsequently dug up the asphalt and did major landscaping work on the other side of the deer fencing to screen their property. The landscaping which they did to give themselves more privacy, is clearly in the right of way. This is where have a huge problem. As I mentioned, when they presented this project to us, they assured us that everything they were doing was within their property and not in the right of way. Once looked at the survey, I realized that this was not the case. They seem to take whatever liberties they want and ask for forgiveness rather than permission without any concern for how it will affect their neighbors. When I compared the survey with the actual property, it was pretty evident that their landscaping project is encroaching on the right of way. I don't see how they were not cognizant of this. It is hard enough for us to access our houses but I am very concerned that emergency vehicles would not be able to gain access should there be some sort of emergency. The work they have done, has made our lives increasingly difficult. The bottom line is, the trees need to be removed from the right of way to widen the roadway and they need to remove all of the bushes that they planted in the right of way. On another note, I have asked them several times about trimming those trees. One large branch lies directly over our power lines. Should the branch come down, not only would our only access out of our road be blocked but we would lose power, or worse. I know that other neighbors have asked them to trim their bushes that are in front of their property along Pine Neck Road, as they have created a huge blindspot to pedestrians when turning right onto Pine Neck 2 S t Road. Their latest project was to put a parking space in a very dangerous location in their front yard, too close to the entry of our private road. A vehicle turning into our private road would not be able to see them backing out of this newly created parking spot. Like the bushes blocking our line of sight onto Pine Neck Road, it is an accident waiting to happen. I have tried to be supportive and understanding about the constant construction that has taken place on their property but, they have not been respectful to the safety and well being of their neighbors in Jockey Estates. This situation keeps getting further out of hand. I am attaching a photo of the landscaping that they installed in the right of way to screen their property beyond the deer fence. The bushes to the right of the two large trees are in the right of way. They should have never done this when they reclaimed their property. I am also forwarding you Mr. Brother's original email notifying us of their intentions from July 2015. Please don't hesitate to contact me with further questions. Thank you for your consideration. Sincerely, Dan and Pasqualina Berkowitz 3683 Pine Neck Road 133 Raymond Street Darien, CT 06820 203-979-6273 203-655-6751 3 Fuentes, Kim From: Fuentes, Kim Sent: Tuesday,June 07, 2016 8:41 AM To: Eric Dantes; George Horning; Gerard Goehringer;Jerry Goehringer- 2nd Opgnfli@gmail.com); Schneider, Kenneth;Weisman, Leslie Subject: FW: Canning appeal #6960 VV 441 Please see below comments of opposition i-CAMORIVE] Kim E. Fuentes SUN 1 11016 Secretary to the Zoning Board of Appeals y Town of Southold 631-765-1809, Ex. 5011 From: wgieckel@aol.com [mailto:wgieckel@aol.com] Sent: Monday, June 06, 2016 1:58 PM To: Fuentes, Kim Subject: Canning appeal #6960 To: Zoning Board of Appeals, Town of Southold, NY From: William S. Gieckel, 3445 Pine Neck Road, Southold, NY 11971 Subs: Canning Appeal#6960 1 am in agreement with the Zoning Board of Appeals decision to Disapprove the Request for Variance. Regarding an even more egregious violation: I am also voicing my objection to the closing of the Right of Way directly behind 3625 Pine Neck Road. This has been caused by the removal of the asphalt drive and planting of shrubbery between the "as built" deer fence and the two large trees indicated on the survey. This has impacted my ingress and egress for my home at 3445 Pine Neck Road. If the neighbor at the Breese property built out into the right of way as have the owners of 3625, the right of way would be completely blocked. This is the only way in and out of my home The Survey of Property clearly indicates FE. ALONG R.O W. This R.O W. has been intentionally blocked by the owners of 3625 and should be restored/repaved when the deer fence has been removed. Respectfully submitted, William S. Gieckel *As indicated on the survey and in Southold Town and Suffolk County records there are three (3) owners of the property at 3445 Pine Neck Road: WILLIAM GIECKEL MATTHEW WERNER MEREDITH WERNER i Fuentes, Kim From: wgieckel@aol.com Sent: Wednesday,June 08, 2016 1:54 PM r tau To: Fuentes, Kim lO Subject: Re: Canning appeal #6960 Kim, Just wanted to make sure you were in receipt of my email. Thanks, Bill Gieckel -----Original Message----- From: wgieckel <wgieckel _aol.com> To: kimf<kimf(cDsoutholdtownny.gov> Sent: Mon, Jun 6, 2016 1:57 pm Subject: Canning appeal#6960 To: Zoning Board of Appeals, Town of Southold, NY From: William S. Gieckel, 3445 Pine Neck Road, Southold, NY 11971 Subj: Canning Appeal#6960 I am in agreement with the Zoning Board of Appeals decision to Disapprove the Request for Variance. Regarding an even more egregious violation: I am also voicing my objection to the closing of the Right of Way directly behind 3625 Pine Neck Road. This has been caused by the removal of the asphalt drive and planting of shrubbery between the-"as built" deer fence and the two large trees indicated on the survey. This has impacted my ingress and egress for my home at 3445 Pine Neck Road. If the neighbor at the Breese property built out into the right of way as have the owners of 3625, the right of way would be completely blocked. This is the only way in and out of my home. The Survey of Property clearly indicates FE. ALONG R.O.W.This R.O.W. has been intentionally blocked by the owners of 3625 and should be restored/repaved when the deer fence has been removed. Respectfully submitted, William S. Gieckel *As indicated on the survey and in-Southold Town and Suffolk County records there are three (3) owners of the property at 3445 Pine Neck Road: WILLIAM GIECKEL MATTHEW WERNER MEREDITH WERNER 1 tevFVIP N. uentes, Kiwi v From: Larry <jajungbl@optonline.net> B , 1818 Sent: Tuesday, May 31, 2016 12:54 PM �•���= �i To: Fuentes, Kim Subject: Canning 6/2 Hearing.#1 Hi Kim. Here a some photos a parking spot which was installed very close to Pine Neck Rd the weekend before Memorial Day. Although the hearing is for the deer fence this should be considered due to the hazard it presents and is similar to the issue at the recent Fleischman ZBA hearing as one will be backing onto the road. It also presents a serious safety hazard for those using the Right of Way. 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Yt¢ � , _ '411. _ P r �t � �.j ,r ' mss•'.....-,.-.. ”' int. r•.,>.wir^�",.,,. a r .f \o- Fuentes, Kim From: Larry <jajungbl@optonline.net> � Sent: Wednesday,June 01, 2016 10:42 AM To: Fuentes, Kim Subject: ZBA Hearing for Andrew Canning #6960 Dear Ms. Fuentes, Our neighbor Pasqualina Berkowitz sent us a copy of an e-mail she received from Jeffrey Brothers dated July 11, 2015. This is the first time we saw this e-mail as it was sent to an incorrect e-mail address (there was an extra "u").This would have been kicked back to the sender as undeliverable. Prior to July 2015 we had verbal discussions with Mr. Brothers regarding deer fencing and at that time we told him and Mr. Canning that they would need to obtain a building permit prior to installing a deer fence. In April 2016 we received an e-mail regarding obtaining permits for interior work that would include the deer fence in their applications.They have had constant work being done to their home since they moved in. We have repeatedly had to ask that they have their workers park in their driveway or on Pine Neck Road. Unfortunately we are regularly unable to have free passage on the Right of Way because of trucks making deliveries and workers blocking the ROW. This has become a greater issue since they removed the roadway on the South side of the trees in the middle of the road. We have serious concerns about their lack of concern for the safety and well being of their neighbors. Jockey Creek Estates has always been known for the charm of these historic red and white houses. Mr. Brothers and Mr. Canning appear to be determined to change this. A real loss for the Community of Southold. Jan and Charlotte Jungblut 3295 Pine Neck Rd. Regards, Larry 1 Ah 4060 t CD P�r� � DECO* � � SURVEY OF PROPERTY LAJ �� a + lc �� ! TO iIN OF SOU 0.l.D —�.•°` �� �y SUFFOLK COUNTY, NEW YORK wp,/F ICAM V-30" KpSTEN • . ��4'1Q �„ + r r •, �` 2000—W-04—$2 COP 1 /r �"C..•Apt of �' ` JAY. 10. 2000 � r 1 Vi o •i 1 �••` N f f OEM _ l21 1 �1 `•, l° ' cl-i1-4 co Ld c'` ca 14 sn • _• t tA MAW TO. aw ALAM LUZA LMLLER BAN HSBC AIM MA6E CARP USA Lo Lr) C.v •= l I m ' N k I LD '1 Lo t ~ 174.54 r Lo w ROA 1)� 1059 4i• _ «°` PINE NECK m • m N N.Y S LC- NO. 4 96 r B `-t ANY At1LRAT/ON OR ADD(?/ON TO TrhS "VEY IS A V+OLAVON pECONfC 1$ Y0R$. P.C. Cr SCCTOY 1109 0r W f4* YORK STATS EDUCAhD4 LAW 631 765 - 507J Fix MM) 76S - IT97 EFCfPT AS PER SCCUON 7109-SL.AMVTSIOPY 2 ACL CLIPTIr7CA71CH5 �+ "CREON ARL VAL10 rOR TRS MAP AND COPES THER(Or DNL Y 6 P. 0. BOX 904 m AM .. 3,O j j'L SAO WAP ON COPTS E7AR Tt< MPR[SSCD SCAL 0r I,-< SURK rOR 1730 TRAVELER S TR£f T AR "HOV SjGWAnAgC APPES r+ERfON. SOUMOLD. N Y. 11971 99--4D 1 SITUATE ° SOUTI TOLD LAND NOW ORFORMFYOF:NNA RIEGER TOWN : SO UTH O LD LAND NOW OR FORM TRU OF: GE�RD RIEGER pp(( �/ S U EEO LK COUNTY, NY �Y 0F; BREESE PROPERn SURVEYED 07- 10-2015 LAND NOW OR FORpWITZ UPDATED 03-30-201 6 KIEL BES SOW `• _ '.� S QUALINA ITZ _ , . SUFFOLK COUNTY TAX # -----' 11`"� p,SPNAj• •�TREPS� - < - - ' - . 1000 - 70 - G - 2220 ' + x—x—x CERTIFIED TO: � X_ I 01r,,_0 ANDREW CANNING 0 , W rn N x x FRAME to rn 710 z ' GARAGE t, �y9 tE 0 O rn0 70 70 PAVER •` PATIO T i-- ` 001 p r-"it C 5TOOP T x "{ Z r 3 O o o i6o' O rn➢_ � Z 324• 8.3' o = o=➢ p 9 m �ZfZi 70 = __ - \ '/-zDN_ tt x X X 64.3' cn �X—X � / l 70 �Z. x�x G �. �.1•! 0 rorn - -11 z' CP00RGHD 5WA r` � � CS� � "Unauthorized alteration or addition to a survey mop bearing o licensed land surveyor's seal is a - [� violation of section 7209,sub-division 2, of the r < New York State Education Low" Q 11 `Va C.Cy m Ly 'Only copies from the originaly ,O marked wdh an original of the lof thisand sursurve veyor's 1 N f •� stomped seal shall be considered to be valid true copies" 1 R u s.. PILIA C 4 L! • �.3;:, �. 'Certihcatwns indicated hereon signify that this t , y d survey was prepared in accordance with the ex- sting Code of Practice for Land Surveys adopted i ,f- •_.cc.. � b the New York State Association of Professional 9 rhe 4Ey ti Land Surveyors Sold certifications shall run only 174.5 to the person for wiom the o g surrey ed, J1 1 and on h behalf to the title company, ovemmeemmen- 4,r 0202 t��{U� tal agency and lending institution listed hereon, and f, �i ` �; — �}- to the assignees transferable the leldirable t institution CtituOca- 'l o'oo'I� v' +,����f[j F"0__ tic tions are not transferable to additional institutions, (� V V oa NOTES '. v S 8 1 ■ � ENT FOUND ® PIPE FONJOHN C. E H LE RS LAND S U RVEYO - (X— MES1FENCE 0SPLT RAIL FENCE FINE INC a5 tC s' I� roadway � W G EAST MAIN 5TREET N.Y.S. LIG. NO. 50202 Area = 32,982 Sa. Ft. RIVERHEAD, N.Y. 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'd s� a�.�'i.. •a;, a l,.'�. `'� ti•- 'Nt+f r' .{ f '� I Wirt ft � a ! •�"t; � ,';1�i-1 =�� �'T` rt -y..a� yy.. a 1 �• ;� �.-..+ L ayy�+`, orf•.' ,�.4 i, ��Sa.. � � t ',�.'./�i ,.v�,t'P!, .�, '7Y%%/'f!✓' s� �1.,.x}, ,r;^ - _:�.a.;�'�' �` � .. ���'� �n'ss� .�' ..A.` �, . � � S41Y AT i fir. •3,,, �i r d "-�w"•' '���y��_ /` 'yy �� �, .F '* �`ytl,, r� i.- .r �;... _ 'a '�lt ''ff�l��' .�7e' �, �,: .���� t3��`�`4 � <�Tr.� ,x,_11 •t.�i . ..z � � r� _ F'�M,a4!1..fes � A. .rS I►,,�i, >/. R '�`".�t �. \ ,� • t - _ t .. - �. a �.f-. - �� `' t �,��a� t I �� ►; • i S. R.fir �. -.�.k .. �w -.n";�ar'�fr - Fuentes, Kim From: wgieckel@aol.com Sent: Monday,June 06, 2016 1:58 PM JUN To: Fuentes, Kim �, 2m O Subject: Canning appeal #6960 ppy� To- Zoning Board of Appeals, Town of Southold, NY From: William S. Gieckel, 3445 Pine Neck Road, Southold, NY 11971 Subj- Canning Appeal#6960 1 am in agreement with the Zoning Board of Appeals decision to Disapprove the Request for Variance. Regarding an even more egregious violation: I am also voicing my objection to the closing of the Right of Way directly behind 3625 Pine Neck Road. This has been caused by the removal of the asphalt drive and planting of shrubbery between the"as built" deer fence and the two large trees indicated on the survey. This has impacted my ingress and egress for my home at 3445 Pine Neck Road. If the neighbor at the Breese property built out into the right of way as have the owners of 3625, the right of way would be completely blocked. This is the only way in and out of my home. The Survey of Property clearly indicates FE. ALONG R.O.W. This R.O.W has been intentionally blocked by the owners of 3625 and should be restored/repaved when the deer fence has been removed Respectfully submitted, William S. Gieckel *As indicated on the survey and in Southold Town and Suffolk County records there are three (3) owners of the property at 3445 Pine Neck Road: WILLIAM GIECKEL MATTHEW WERNER MEREDITH WERNER 1 I IIIIIII IIII VIII VIII IIID VIII IIT VIII VIII IIII IIII I I�IIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 07/20/2012 Number of Pages: 4 At: 02: 06:30 PM Receipt Number : 12-0082818 TRANSFER TAX NUMBER: 11-25484 LIBER: D00012699 PAGE: 900 District: Section: Block: Lot: 1000 070.00 06.00 022.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $580, 000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $2,320.00 NO Comm.Pres $8, 600.00 NO Fees Paid $11, 175.00 TRANSFER TAX NUMBER: 11-25484 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i i 1 2 '. 3 i Number of pages RECORDED TORRENS 2012 Jul 20 02:06:30 P11 JUDITH A. PASCALE Serial CLERK OF i SUFFOLK COUNTY Certificate# L D00012699 I P 900 i Prior Ctf.# DT# 11-25434 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps I q FEES i Page/Filing Fee y Mortgage Amt. Handling 1.Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total SpecJAssit. Or EA-5217(State) Spec./Add. R.P.T.S.A. y� ATOT.MTG.TAX Comm.of Ed. 5 00 4, 0 Dual Town Dual County Held•for-Apportionment Affidavit • � �a / Transfer Tax Certified Copy �� ` Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other �1 YES or NO GRAND TOTAL .,c 6 rJ' If NO,see appropriate tax clause on page# of this instrument. s Real Property Tax Service Agency Verification 6 Community Preservation Fund cPction B lock Lot Cohsideration-Arnount$ 580.000.00 120171111000 07000 oeoo 022000 Stamp p T c. ry CPF Tax Due S 8,600.00 Improved X A Date 1 tt.lUL-1 . Initials Vacant Land 7 Satisfactions/Discharges/Releases List Propeity`Uwners•,.•,aiga..6-..ddres TD l� RECORD&RETURN TO: TD DEBORAH DOTY, ESQ. TD P.O. Box 1181 Cutchogue, NY 11935 s Title Company Information Co.Name L��jGAGO T 7LE /ArS.�D Title# / N Til-U-61 _ rw- ((� 9 Suffolk County'Riecording & Endorsement PaLe This page forms part of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) ALAN L. BAIN as survoitOgThe premises herein is situated in -k enQ by 4-4 e eat l SUFFOLK COUNTY,NEW YORK TO In the Township of SOUTHOLD ANDREW E. CANNING In the VILLAGE SOUTHOLD or HAMLET of BOXES 5 TTIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1 (OVER) r ' CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY V ; 5 ONLY THIS INDENTURE,made the /4Aday of-d ,2012 I BETWEEN ALAN L.BAIN, as surviving tenant by the entirety,residing at 575 Madison Avenue,Suite 1006, New York,NY 10022 i party of the first part,and ANDREW F CANNING,residing at 175 Kent Avenue,#506,Brooklyn,NY 11249 party of the second part, ' WITNESSETH,that the party of the first part,In consideration of TEN and noll00ths($10.00)dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land,with the buildings and Improvements thereon erected, situate, lying and being in the I j SEE SCHEDULE"A"ANNEXED HERETO i j BEING AND INTENDED TO BE the same premises conveyed to Alan L. Bain and Linda Miller Bain, as tenants by the entirety,by deed made by Franklin T.Mountain and Harriet Mountain,his wife,dated February 17,2000 and recorded in the Suffolk County Clerk's Office on March 9,2000 in Liber 12026 cp 811. i i j I I TOGETHER with all right,title and Interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines'thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything 1 whereby the said premises have been encumbered in any way whatever,except as aforesaid i AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties"whenever the sense of this Indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. I l i i i i i i I IN PRESENCE OF: . i ALAN L. BAIN I i TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York,County of zk/FCoLK ss: State of New York,County of ss: I On the�,d'�/"day of doneune In the year 2012 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared ALAN L.BAIN ! personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)Is satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signatures) on the capacity(ies), and that,by his/her/their signature(s) on the Instrument,the Individual(s),or the person upon behalf of which instrument,the Individual(s),or the person upon behalf of which the Individual(s)acted,executed the instrument. the individual(s)acted,executed the Instrument j (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) NOTARY PUBLIC PATRICIA L.FALLON Notary Public,State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, oU le i TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE i State(or District of Co(umbla,Territory,or Foreign Country)of as, On the day of In the year before me.the undersigned,personalty appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their capac'Ity(ies),and that by his/her/their signature(s)on the instrument,the Individual(s),or the person upon behalf of which the individuat(s)acted, executed the instrument,and that such individual made Such appearance before the undersigned In the i In I Insert the Cit or other political subdivision and insert the State or Count or other lace the acknowledgment was taken ( Y Po.. ) ( Country P 9 ) I (signature and office of individual taking acknowledgment) i I I BARGAIN AND SALE DEED DISTRICT 00 SECTION 0 070.00 WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK 06.00 Title No. LOT 022.000 COUNTY OR TOWN ALAN L.BAIN STREET ADDRESS i TO ANDREW F.CANNING Recorded at Request of I COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO, STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by DEBORAH DOTY,ESQ, P.O.Box 1181 i Commonweakh Cutchogue,NY 11935 �I.woAMewc1 COW'ANY I ! COMMONWEALTH LAND TRLE INSURANCE COMPANY ! I I I i W i u I 0 i 0 0 I W 0 � W I N 7 0 I O i W U I Q I N N_ i W W I N Chicago Title Insurance Company TITLE N0.C12.7474-12612SUFF SCHEDULE A-1 (Description) i ALL that certain plot, piece or parcel of land, situate,,lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly line of Pine Neck Road at the southeasterly corner of land heretofore conveyed by the party of the first part to Herbert W. Wells, Jr. and wife by deed dated November 16, 1956 and recorded in the Suffolk County Clerk's Office on November 19, 1956 in Liber 4215 of deeds at page 490; RUNNING THENCE in a northerly direction along said land of Wells, North 8 degrees 12 minutes 10 seconds west a distance of 177.40 feet to the southerly line of a certain 20 foot right of way; THENCE continuing on the same course North 8 degrees 12 minutes 10 seconds West, a distance of 10.0 feet to the center line of said 20 foot right of way; THENCE along said center line of said right of way two(2)courses as follows: 1. North 82 degrees 29 minutes 10 seconds Fast,a distance of 179.81 feet; 2. South 6 degrees 35 minutes 20 seconds East,a distance of 184.93 feet to said northerly line of Pine Neck Road; THENCE along said northerly line Pine Neck Road, South 81 degrees 40 minutes West, a distance of 174.59 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY.• Together with all the right, title and interest of the parry of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE rt-1(Description) PLEASE TYPE OR PRESS FIRMLY WHEN WRITING ON FORM INSTRUCTIONS,hBpJ/www.orps.utata.ny.ue or PHONE(518)474.6450 FOR COUNTY USE ONLY C1.SWIS Code 1`r r/ r 3 r o 1C / I REAL PROPERTY TRANSFER REPORT STATE OF NEW YORK C2.Date Deed Recorded USTATE BOARD OF REAL PROPERTY SERVICES I"y17 C Boot h CAga.Paser _a RP - 52 1 R..�ay PROPERTY INFORMATION ' property caabn 1 maa,N�uAsaa I Pinsk Rodd 1 I ,Wd I lit 11197 1 2.Buyer I Camifg I ArOm F. I Name Iwsr r Axv '—T i I I I 1raMrArw rest NAr! S.Tea Indicate where future Tax®Ia am b be elm HMng If other thin buyer ddress lot' , dfomil I— I I Address Mei NAA.,1CWrMV HIST Nual 1611116FIRIMBERAW&MMMAME I anrdvm I anteaTcon 4.Indicatethis riumber Roil e tranderreda' the deed I 1 I a of Parole OR 1:1 Pan al a Poral (Only B Part of a Foresail Check u they applr. fA Planning Bard with SubtlMsion Authadty,Ed* ❑ S.Deed41L SubSrmApproval was Appwas Required for Trendy a prq" Atr X1 aarm 1 OR 1 0. F .SI 4C.Puwl Approves!for Subdivision with Map Provided ❑ Blew i IL Renee 1 Bain SulUtrY I �A L. I MemeLea ;3 I I I 1 NUAl 1COIRAMY ewer Ken 7.Chock the box below which mod occurahly describes the use of the property at the time of sale. Ou k the bores below w Ouy apply: 0.Ownership Typo Is CondarNnlum ❑ AM Ono Fondly RaldanQl F Agricultural I Community Service 9.Now Consbuetbn an Vacant Ladd B 2 or 3 Fernily Reddenual 1' Commercial i Indu trlol IDA Property lanced within an Agricultural District C Raldengd VICAM Land O Almoner, K Public Servke 1100.Buyer received a dddommo meso indiatmg ❑ D Non-Rnldeadd Vacant land 11 FAtsinaum ant/Amuspmmt L Forest that the prupenly Is In an Agrindoud Waits SALE INFORMATION 15,Chock one or man d thew a -maw applicable to treesfer. 11.Sale Convect Date I / )5 / I A Sala Between Relodvaa or Famwr Reladva 2 �r'er B Sols Betwcwl Related Companies or Parmem In Burinaa C One of the Suyem to also o Seller 12.Data of Sala/TramMr I A!/ / 13_ / ��-.I D Bryan or Sa6ar Is Gwommmr Agency or Uandmg lnailtmlon With Der year E Dead Type rot Warranty,or 6arydn and Silo[Specify,Belowl F Sala of Fractions]or Lea than Fee fewest tlipedty Beluww) IL Full Sete Pita L , .5 8 . 0 0, 0, 0, o o I G Sigmtrant Change In Property Between T..Status sed Salo Use ! ! • H Sale of Bualnese is Included in Salo Price !Full Sale Pr=is the 1101 amount pales for the property mcluddng paraoral property. 1 Other Unusual Factors Affecting Sale Price[Specify Balowl This payment may be in Me form of cash,other properly or goods,or the assumption of ) Nona mortgages or other lhlsgadona) Pleas coedit ro deer rwarat.]rota donor amaunt ter.Indica.tin value d perseal 0 1 Property Included In do aeras _ ASSESSMENT INFORMATION-Date should reRen the latest Final Assessment Roll end Tax Bill IL Yev d Aaeeamem Ralltram il .'1 J 1T.Total Asserted Value la a pleads In veoNrt I /.0 O .0.d whidr Information taken ! ! IL Property Chu 12. 1. -L„1 %&hoot Distrrsl Ramo I $011t101d _ I 20.Tex Map IdenbRartl/Rog IdeaRierls)N mom than bur,shirk ulna with adMons]Ideaifnrlsll I 1000-070.00-06.00-022.000 I I 1 I I I I CERTIFiCAT1oN 1 cui lify tied ull of ft Items of Warmogoo,eetered on this turn am w1 and mrnret Ito the bed of mF knowledge apd Irei40 and I underVaad that the mal lap orany wilful thise Statenitpt Of usaterial fact berdm phi sutwed me to the pnwldarw of the penal Law rehcDye to the mrkirgt end tarts of fare imirusffiots. BUYER I BUYER'S ATTORNEY z-l DovI Dt�Drah ausuosuswnlud rut[ usrwue HUinAwa ' J-157 1 vda-ot AV451 i1JA,-----W 50(0 631 1 734 646 el Reeraaerea errexT Nalw rAwisa SALE) AREA CODE IFIFl111rlm Nublim OK., 112 c"(01 SrATI nP COD[ E NEW YORK STATE COPY I G&LIMR19"lmi DAR STRICT SECTION 61.00', ,; LOT M, / T �! - _� M zo Standard N.Y T.0 Form atn an a Deed,with Covenants agai�t thantor's Acts-Individua Corporation CONS ULT YOUR LA OYEI>T ORE SIGNING THIS INSfUMENT—TrilS INA RUM ENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 17th day of February ,nineteen hundred and two-thousand BETWEEN A,��60 FRANKLIN T. MOUNTAIN AND HARRIET MOUNTAIN, HIS WIFE both residing at 3625 Pineneck Road, Southold, New York 11971 Party of the first part,and ALAN L. BAIN AND LINDA MILLER BAIN,HIS'WIFE, both residing at 15 West 72nd Street, Apt. 17E,New York,New York 10023 Party of second part, WITNESSETIi,that the party of the first part,in consideration of ten dollars and other valuable consideration paid by the part of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, • ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: 90 BEGINNING at a'-point on the northerly line of Pine Neck Raod at the southeasterly comer of land heretofore conveyed by the party of the first part to Herbert W. Wells,Jr. and wife by deed dated November 16, 1956 and recorded in the Suffolk County Clerk's Office on November 19, 1956 in Liber 4215 of deeds at page 490; v RUNNING THENCE in a northerly direction along said land of Wells,North 8 degrees 12 minutes 10 seconds West a distance of 177.40 feet to the southerly line of a certain 20 foot right of way; THENCE continuing on the same course North 8 degrees 12 minutes 10 seconds West, a distance of 10.0 feet to the center line of said 20 foot right of way; THENCE along said center line of said right of way, two (2)courses as follows: �$aa 1. North 82 degrees 29 minutes 10 seconds East, a distance of 179.81 feet; t2: South 6 degrees 35 minutes 20 seconds East, a distance of 184.93 feet to said northerly line of Pine Neck Road; J THENCE along said northerly line Pine Neck Road, South 81 degrees 40 minutes West, a distance of 174.59 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE THE same premises conveyed to the grantor herein by deed dated September 16, 1957 and recorded in the Office of the Suffolk County Clerk on September 18, 1957 in Liber 4362 cp. 97. TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN P E E OF: .F nklin T. Mountain • M Harriet ountain + T �. I 2 RE I l�Y 3 �, 12Q26PC8 1 - � � REAL ESTAf� Number of pages tZEC(]R��O TORRENS MAR 0 9 2000 rRANSFIwR TAX 00 NAR -9 Pl11Zt (+" Serial# SUFFOLK COUNTY Ep1NARD P. RUFs„If��: Certificate# CEERK ANO REGISTRAR 0. Prior C117. 32224.N SUFFOLK Ct�UNT i _ Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES -' - Page/Filing Fee _ —1 �, Mortgage Antt. I landling �, J I.Basic Tax TP-584 � S �,� 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Z t"�. `=' Spec./Assn. EA-5217(State) -D Or Spec./Add. R.P.T.S.A. � �S ' . 'y TUT.MTG.TAX Comm, of Ed. 500 Dual Town Dual County I leld for Apportionment Affidavit Transfer Tax 'f O S IND e1� "Np Ef Certified Copy � /�(t9s Mansion Tax The property covered by this mortgage-is or Reg.Copyrr// will be improved by a one or two fancily Sub Total: Y� JD dwelling only. Other ( (� YES or NO GRAND TOTALy 7• V J If NO,see appropriate tax clause on page H of this instrument. I , Real Property Tax Service Agency Verificationb Community Preservation Fund Dist. Section Block Lot Consideration Ainount $ 450,000 StImp 1000 070.00 06.00 022.000 - CPF 7'ax Due $ 6,000 e � 4a iroved X FIrE �EIVEd Initial Va ant Land k -7 tisfactiotts/Diselcarges/Releases List Property Owners Mailing Addres T RECORD&RETURN TO: MAR 0 9 2000 J.' Kevin McLaughlin, Esq. I 44020C Middle Road taOWUN3TY P.O. Box 1210 FRF,SERVA-110N Southold-, NY 11971 FUND / f EICo. Title Company Information ame Commonwealth Land Title t RH70993267 9 Suffolk County Recording & Endorsement Page This page fornts pari of the attached Bargain and Sales Deed with Covenants ' made by: (SPECI FY TYPE OF INSTRUMENT) FRanklin T. Mountain • The premises herein is situated in Harriet Mountain { y/S W/`r --SUFFOLK COUNTY,NEW YORK TO In the Township of Southold Alan L. Bain In the VILLAGE Linda Miller BAin or I IA?vILE"I'of Southold P,1f 6 / o _& BOXES 5'11 IRU 9 MUSTBI"TYPED OR PRINT-ED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING: Fuentes, Kim From: Larry <jajungbl@optonline.net> �y Sent: Tuesday, May 31, 2016 12:54 PM �_� /O To: Fuentes, Kim Subject: Canning 6/2 Hearing.#1 Hi Kim. Here a some photos a parking spot which was installed very close to Pine Neck Rd the weekend before Memorial Day. Although the hearing is for the deer fence this should be considered due to the hazard it presents and is similar to the issue at the recent Fleischman ZBA hearing as one will be backing onto the road. It also presents a serious safety hazard for those using the Right of Way. These first two photos show the spot and its location. The next emails will show exiting and entering the ROW. I Fuentes, Kim To: ZBA Members Subject: ZBA#6960, Canning 6/2 ZBA Hearing #3 Additional photos relating to Canning. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 From: Larry [mailto:Liung bl@optonline.net] Sent: Tuesday, May 31, 2016 1:11 PM To: Fuentes, Kim Subject: Canning 6/2 ZBA Hearing #3 Hi. From Pine Neck Rd into ROW and one coming out 1 Ac n- q E o = s r s �ry e N *s• „tom ' � >. "�'� Y • en pia a g ZA AAK s y4 NW � r � a a o- b _ e P may? t` y W' + Rr rF r. a „ sn ut r� f3 1 a 0 6q v This is the view from Pine Neck Rd and completely blocks spot. Hazard to both pedestrians and vehicles 3 �fr' 14 To .01 �,+ 1 m °y .R ` t d 1 ' v r w• 'r"' At, § �i ly�� Driving out of ROW on Memorial Weekend. This shows how difficult it is to see the parked car. Regards, Larry 5 Fuentes, Kim From: Larry <jajungbl@optonline.net> Sent: Tuesday, May 31, 2016 1:15 PM To: Fuentes, Kim Subject: Canning 6/2 Hearing #2 Hi. Here are two photos showing exiting the ROW on to Pine Neck i Starting to drive down the start of the ROW. 3 Is someone behind that bush and starting to back out? Regards, Larry 5 m. 74, At n e ACI �- � `� �1S t Vii. � .,:x �`: f.��c� �w►'y�•� 6 S.' 1}ATM A' . • 'y.-• . n F 21 Si .Fk1e° 7Wi4 iT ,, t w Ai } New paring spot 3 , •a # m:�. • - ta, , a tom, \ •t•� * r "rl .f4� � � ' � A '�4 +fir { .n"+ \ 's �� M ? J • ,«& Rkwb,•."�t , i'&,X; Fp.. R.){ t Jk" i- I „�-� rt-- 7G vF # + i �r'A,w "'^•' , ar6o ,t►�"he � ,` .•r° p *..a:r$r av 'R " ,; ,,� r*`X:„ �} ? .t * Y:.`:.i� �. iS+•t ,. r •,'• w �,y«'. .• - r �` '� ,fit•° •; .a..� .+' \s• uses b.1 �� 4 d , 4� �� i.`i 4 ��,'�,, �� � S��'�'$� ,_�i ii ', ,�. Ada aj a. a; � „;, +:�'�.. xl.�^ ,.• 't•- a f fid w , , a • k4, .y tq VL R ' ...fix• a> y l• . . dam �♦,ua �M.r .. F .; "* a, , Close to Pine Neck Rd. Jan L. Jungblut 3295 Pine Neck Rd and a user of the ROW �O ` `G Regards, Larry 5 k Y a t ' tea � - - � .. �, a• r ..� .?`� 'moo. ��R _.. � • �". �f�":�+„n.�. a{m. - _ �„rrs_, i T gA0k E1`= � fin r a TSP mC R> WK 11�0 N j .c w .. 4 , I.+ 4 _ 1 1 * Fes` } S ± r "ter k 1' r e #.•.' I , y+t a 'n i A+x,4 F x„{. x b _ a mss �i #gw a ..kms ,_+ 3" » y�' �' °'"'k '."c 6 .p 8qk,�.�+^ a,; ` � �•. � x � >w�.,�=i:�r ..�4�� �. ?s� �r� `� � �,.. ���`~,«=;#moi��r •���"�' �c .�R: �# moo AT 'bill! tot k MOO jolt�' � � � �',�` '. � � '���� fir: � ✓,1, � ��•:"`�b'b'�� � r*#�'� - `�ks�� ��ti' .$r 2 )f� , Fuentes, Kim From: Larry <jajungbl@optonline.net'> Pa. Sent: Wednesday,June 01, 2016 10:42 AM To: Fuentes, Kim Subject: ZBA Hearing for Andrew Canning #6960 ®,?® . eY_ Jthy '6 0 Dear Ms. Fuentes, Id- Q® Our neighbor Pasqualina Berkowitz sent us a copy of an e-mail she received from Jeffrey Brothers dated July 11, 2015. This is the first time we saw this e-mail as it was sent to an incorrect e-mail address (there was an extra "u").This would have been kicked back to the sender as undeliverable. Prior to July 2015 we had verbal discussions with Mr. Brothers regarding deer fencing and at that time we told him and Mr. Canning that they would need to obtain a building permit prior to installing a deer fence. In April 2016 we received an e-mail regarding obtaining permits for interior work that would include the deer fence in their applications.They have had constant work being done to their home since they moved in. We have repeatedly had to ask that they have their workers park in their driveway or on Pine Neck Road. Unfortunately we are regularly unable to have free passage on the Right of Way because of trucks making deliveries and workers blocking the ROW. This has become a greater issue since they removed the roadway on the South side of the trees in the middle of the road. We have serious concerns about their lack of concern for the safety and well being of their neighbors. Jockey Creek Estates has always been known for the charm of these historic red and white houses. Mr. Brothers and Mr. Canning appear to be determined to change this. A real loss for the Community of Southold. Jan and Charlotte Jungblut 3295 Pine Neck Rd. Regards, Larry 1 Fuentes, Kim From: Michael Michaud <mmichaud@pumps.org> Sent: Monday, May 30, 2016 5:54 AM To: Fuentes, Kim Cc: Magda Michaud MAY 3 , 2016 Subject: joining variance 3625 Pine Neck Road By, ��16 To Whom It May Concern, It has come to our attention that our neighbors, Jeffrey Brothers and Andrew Canning may require a zoning variance to install a deer fence on their property situated at 3625 Pine Neck Road, Southold, NY. As neighbors we appreciate the opportunity to weigh in on this matter. We do not oppose their project. In fact, we support it. An additional deer fence can only help in terms of the overall management efforts to lessen the impact of the deer population which continues to be a nuisance in the neighborhood. Jeffrey and Andrew have made considerable effort and investment in ensuring their property is not only well maintained, but in character with the particular nature of the neighborhood. I am confident they will maintain the deer fence in a similar fashion. If you have any questions, please do not hesitate to contact us. Magda and Michael Michaud ' 3600 Pine Neck Road, Southold NY mmichaud��pumps.orq 917 519 2802 1 Toth, Vicki From: Pasqualina Berkowitz <packyb24@aol.com> Sent: Monday,April 18, 2016 12:41 PM To: Toth,Vicki Subject: Re:Variance for Deer Fencing -Jeffrey Brothers and Andrew Canning - Pine Neck Road, Southold Thank you Vicki!! Dear Zoning-Board,Members, I am writing to you in order to express my support for my neighbor's application for a variance to their property on Pine Neck Road in Southold. Jeffrey Brothers and Andrew Canning are the applicants applying for a variance for the deer fencing on their property and'we have no issue whatsoever with their request for a variance. I am writing to the-Board in- support of their application. If you have any questions or concerns, please do not hesitate to contact me. Sincerely, Pasqualina Berkowitz 3683 Pine Neck Road Southold, NY -----Original Message----- From: Toth, Vicki <vicki.toth(cDtown southold.nv.us> To: 'Pasqualina Berkowitz' <packyb24(Qaol com> Sent: Mon, Apr 18, 201610 :24 0am Subject: RE: Variance for Deer Fencing -Jeffrey,Brothers and Andrew Canning - Pine Neck Road, Southold Dear Pasqualina- I will be sure to forward your letter of support to the Board members. Thank you, Vicki Toth Zoning Board,of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) ; -----Original Message----- From: Pasqualina Berkowitz [mai Ito:packyb24(a aol com] Sent: Wednesday, April 13, 2016 6:04 AM To: Toth, Vicki Subject: Variance for Deer Fencing -Jeffrey brothers and Andrew Canning - Pine Neck,Road, Southold Dear Vicki, I would like to write to the Zoning Board in order to convey my support for our neighbors to be granted a variance for the deer fencing on their property. Could you please let me,know who I need to send this letter to? Sincerely, Pasqualina Berkowitz 3683 Pine Neck Road Southold, NY 2 BOARD MEMBERS ®� ®� Southold Town Hall Leslie Kanes Weisman,Chairperson �� ��® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehrin er g � ag Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cm Southold,NY 11971 9 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 2, 2016 PUBLIC HEARING NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and'Town Code 'Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 2, 2016: 9:30 A.M. - ANDREW CANNING #6960 - Request for Variance from Article XXII Section 280-105C(3) and the Building Inspector's April 4, 2016 Notice of Disapproval based on an application for building permit for `as built' deer fence, at; 1) location in other than the code permitted side or rear yards, located at: 3625 Pine Neck Road Southold, NY. SCTM#1000-70-6-22 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(aD-Town.Southoid.ny.us Dated: May 9, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r RECEIVED ZONING BOARD OF APPEALS MAY 2016 TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------X °TONING BOARD OF APPEALS In the Matter of the Application of CANNING AFFIDAVIT OF (Name of Applicant) MAILINGS APPEAL # 6960 SCTM Parcel #1000-70-622 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: .1- On the 10day of May, 2016, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ( ignature) 1301 by PER,6k Sworn to before me this a67 day of May, 2016 (N tary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Clualifled in Suffolk County Commission Expires June 3,�Q/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. \ Sender IIIIIIIIIIIi1111111111 -- — 111111111/ MOORE LAW OFFICE 3 Service Type 51020 MAIN ROAD MCertifiedMail@ 0 Restricted Delivery o o SOUTHOLD NY 11971 v���� I 0 1 o 2 Article Number C3 ru m�a I w N o ' ® 9214 7901 5002 8200 0086 55 T 114 ��0� CM U Lr A. Signature a a I o x ❑Agent 1111 * * I 111111 v �r Addressee 111111 i B Re 11 a 1111111 Received IIII � b P 11111 s y(nnted 11111 Name 11111 ,.0 )- C DateofDehvery 9214 7901 5002 8200 0086 55 N * I D Is delivery address different from item 1? ❑Yes 1 Article Addressed To E If YES,enter delivery address below: [I No I ro o ROBERT 8 SUSAN LINCOLN If 9868 GALENA POINTE DRIVE GALENA OH 43021 1 j 1111 IIIII 3 .. PS 11111 Form 111111 I 3811. 11111 Fac 11111 simile 111 - ,April 0I I_ stip Rpt RECEIPT RECEIPT RECEIPT RECEIPT z14 7901 500282DOU as_7 214 7901 5002 8200 0085 94 214 7901 5002 8200 0085 87 2147901 5 0`0� 0 lJ /y � 11 FROMr��� FROM' �� � FROM 0���� FRO oore -aw0 ices �® oor aw 0 ice oore La oor, ffice--� ;;4 _ E C NNI G ZBA 2``, ® ECA ZBA y E CAN INGZBA-= =;.tv E A�NNINGZBA' ij I7"A U � Y 1 200 � °' -14 SEN .,r N SEN�TO C] - ERARD ETHAN ERI SE T 1 �� SEANIEL lith 6 ALINA ERK REESE R,Ffi�RUS 4 GLENLA A1(( EC LLIA ATTHE GIWERNER� 33 RAY M DS &T 701 SE 58T EA CLIFF NY 11579 0 BOX 1057 I ARIEN CT 06 AERCER ISLAND WA 98040 OUTHOLD NY 11971 I FEES: FEES' FEES. FEES. ostage 0465 ostage 0 465 ostage 0 465 lostage 0 465 ertified Fee 330 ertified Fee 330 ertified Fee 330 ertified Fee 330 Return Receipt 270 Return Receipt 270 etum Receipt 270 Return Receipt 270 Restricted Restricted Restricted Restricted TOTAL $6.465 TOTAL $6465 TOTAL $6465 TOTAL $6.465 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE ! i I i � E i I E t � RECEIPT RECEIPT RECEIPT---� RECEIPT 214 7901 5o0d 20"06 —4 214 7901 5002 8200 0086 55 214 7901 5002/8�'QO 0086 48 214 7901/502'6260 06631 / FROM. FROM/ SOI/,T FR M ��U� FROM oore w O e - oor Law ffice oor La Office%; oore L ,Officff �® �t� E ANNING ZBA E C NIN E C NNI G ZBA E AN ING ZBA 'ii'•„1'y +� Cl) 01 I` m� I'���1 SEN T ! SE T 1 �� 1 IS O' S 0',i I ®Y ONY&JEN KMAF2DN0 IC OB & SAN�CO TEPHE ARO ICHAEL AGD/ VQ D 54-24 LOCKE AVENUE 868 G NA 855 STON ENUE ! 25 E 36TH�EEC{'T 15E ITESTONE NY 11579 ALEN A 43021 EAST MEADOW 54 4EW YORK NY 10016 FEES: j FEES FEES. FEES: osta e 0 465 osta e 0 465 ostage 0 465 ostage 0 465 g g ertfied Fee 330 'ertified Fee 3 30 ertified Fee 330 ertified Fee 330Return Receipt 270 Return Receipt 270 Return Receipt 270 Return Receipt 270 Restricted Restricted Restricted Restricted TOTAL $6465 TOTAL $6 465 TOTAL $6.465 TOTAL $6.465 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE i POSTMARK OR DATE I I �9 Z9o 3. Service T MOORE LkW X Cert lail(D 0 flestricted Delivery 51020 MAIN' ff D SOUTHOLD NY 11971 2. Article Number 9214 7901 5002 8200 0-b-- 9 A.7Sgnat e X SignatKe Agentve=I 10" Al - 0 Nddressee, B 'Received by(Printed Na C.r/)f livery e-101 -ROOP 6200 ,0085� '8? .' )- Article Addressed To, D Is delivery address different from item 19 L9 Ye§ If YES,enter delivery address below El No — DANIEL & PASQUALL -�',4,,J�"i�"t,�' ,�ACl,WTTZ X33��— 3 RAYMOND STFEET' ) DARIEN CT 06820 'PS Form 3811 iFadsimile*,Aor'il'i2d19290 9901 5002 3 Service Type Ff,1,C E N Certified Mail@ 0 Restricted Delivery D 119 71 2. Article Number t ,c .,tv," Service Type N Certified 2. Article Number 19214 7901 5002 8200 0086 31 d A Signatur El Agent X , Addressee d C Date of Delivery B ec ,(Panted/Name) J��. 92114 ?901 5002 8200 0[ 86 31 is I ee ir - _ I Article Addressed To. Is delivery address different from item 19 L-1 Yes W - If YES,enter delivery address below. 0 No MICHAEL & M A G D A M I C H A R D 225 E. 36TH STREET APT 15E NEW YORK NY 10016 III IIIII I lllllllllll IIIIIIIEIEIIIIIIIIIIIII 5L:f PS.Form.3811 Facsimile,'April 0 0O 8 stiQ U6 Rept falm,W1111111 111111 Ifill I kill 3 Service Type, N Certified Mad® [I Restricted Delivery MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 2 Article Number 9214 7901 5002' 8200 0086 17 Sign u 0 Agent IIIIIIII IIIIIIII 111111 IIIIIIII 0 Ad ressee IIII Received by( inted Name), C Dates y 92.14- 7901 5002 8200 0086 17 1 Article Addressed To D Is delivery address diffdren rom item 19 13 Yes If YES,enter delivery address below. 0 No GERARD & BETHANNE RIEGER 84 GLENLAWN AVE SEA CLIFF NY 11579 li II IIII IIIII PS Form'3811 Facsimile;Aprd�2015' 90-7 9901 5002 8 R CANNING �� ZBA#6960 WILLIAM GIECKEL ROBERT& SUSAN LINCOLN MATTHEW WERNER 9868 GALENA POINTE DRIVE PO BOX 1057 GALENA OH 43021 SOUTHOLD NY 11971 SCTM: 1000-70-12-3 SCTM: 1000-70-6-21 STEPHEN MARONE JR FAM. TR DANIEL&PASQUALINA BERKOWITZ 1855 STONE AVENUE 133 RAYMOND STREET EAST MEADOW NY 11554 DARIEN CT 06820 SCTM: 1000-70-12-3 SCTM: 1000-70-6-23 MICHAEL& MAGDA MICHARD BREESE PROPERTY TRUST 225 E. 36THSTREET APT 15E 7701 SE 58THSTREET NEW YORK NY 10016 MERCER ISLAND, WA 98040 SCTM: 1000-70-12-4 SCTM: 1000-70-6-24 TONY& JENNY MARTINOVIC GERARD &BETHANNE RIEGER 154-24 LOCKE AVENUE 84 GLENLAWN AVE WHITESTONE NY 11579 SEA CLIFF NY 11579 SCTM: 1000-7-12-9.6 SCTM: 1000-70-6-25 111��""Illlllllllllillllllllil 3. Servic(-T- M O O R E LA I -F I C E ®Ci i Mad® ❑Restricted Delivery 1 51020 MAIN 'ROAD S O U T H O L D N Y 119 71 2. Article Number 9214 7901 5002 8200 0086 24 e sIng A. g ature m`�!P ❑Agent ;-;�� IIIIIIIIIIIIIIIIIIIIIII r III IIII�I IIII ❑Addressee ..IIII B. eceived by(Print a o Date of Delivery 14 7901 5 0 02 8200 0 86 24 1 Article Addressed To D Is delivery ad s different from item 1? ❑Yes if YES,enter elivery address below' ❑No TONY & JENNY MARTIN 0 V I C 1 154-24 LOCKE AVENUE WHITESTONE NY 11579 III II(IIII IIIIIIIII III I III I II 1111111 111111 t 1 5 � PS.Form 3811:Facsimile,April 2015 __ sti�i �n Rept �f -e TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 6 61 SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING C l9 u (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel 41000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 1 4l L 1 C "(:)VQLresiding New York,being duly sworn, depose and say that: On the day of , 201(0,•I personally placed the Town's Official oP ster with the date of hearing and nature of m application noted thereon, g Y pp securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be (( - �l�nL (Signature) Sworn to before me this 1 Day of 3 llrve-, 2010 BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk County, ota Pic) Commission Expires July 1 u l * near the entrance or driveway entrance of my property, as the area most visible to passerby. MOORE LAW OFFICE Ml"§� 51020 MAIN ROADSOUTHOLD NY 11971 oea' 'Po,,�, 47 t�f ^� x + 9 p� �i•0. y`&� 1.. �� �4t..brCZ^a 02 1 P c tae as„: 0003 876564 MA MAILED FROM, ZIP C 9214 7901 5002 8200 0085 94 WILLIAM GIECKEL MATTHEW WERNER IST NOTIC7E PO BOX 1057 SOUTHOLD NY 11971 2ND NOTICE -, i 3� • r_. RETURN RECEIPT I���II���III�I��I„�I„�II���III REQUESTED --------------- w 0A P j -ry 0 cr'f L7--- File Edit View Toolbar- Window Help i j 70.-6-21 _ +14 3885 Southold Active R1S:1 School: Southold Schoq Gieckel,WilliamRoll Year:, 2016,ICurr Yr 1 Family Res/Wtrft. Land AV: 1,400 13445 Pinle Neck Rd Land Size:0.67,acres A TotalAV:.7,600 .3 !'I Parcel 70-8.27 Owner• Tax Billlailings 3rd Party Address . k, Addres __. History _ w ];'Bank I •ti Assessment Y Total.3_ Owners: Lo ooen;,clpck-the aoe�rapriate_ro�t.n'.f,Rinhk.:Cliick.kaa Add) - ! 1_ I - Ci E xampt(s) Matthew.T Werner Owner Type:Additional Desig Status: Spec Dist(s) Meredith Werner Owner Type:Additional Desig Status: i i-i Description i':;Last Name r''Company: First Mame: hill: Jr.,Sr.,etc: Images, � ,_.. _._� , !'I bis Gieckel _ f illiami _ I •'t`r Site(1)Res !"Attenhon,Ta In Care Of: - Additional Address: 10"Cj- Sale02104108 r lt,.L site[1 J Res ?.,Street No: Prefix Dir. Street l Rural Route- St Suffix: Past Dir: UnitName: Unit No: `C] •i J Sale11111)04 i s : .....0 .bite(1)Res . ,�r .� µ.��__ ��'�' _�_ �_ I•� �'.�W Po Box No�. City/Town: . Skate: Zip Code L:Sale07l22f02 - • ; 1 57�71- •' 1057 p; Southold____.__.___.__._. .._._ _ __._._.NY ICountry. enter if not"USA" Bar Gd: Ownership,a g.,Life Use Owner T_ _ } iP = Primary Owners Primary Residence 4 e A EEE ! - x S - I 4 f Readyilli File- Edit Vie-oi Toolbar Windo-of Help 178.-6-21 473889 Southold Active RISA School Southold Schoi Gieckel,William- RollYear: [2016 Curr Yr 1 Family Res/Wirft Land AIV: 1,488 3445 Pine Neck Rd Land Size:0.67 acres Total AV: 7,600 Parcel 70 _�i`ai_ling_ A-_dd_r_e_ss '3rd Party Address -6-21 ()wneFTax Bill Bank History ................ ....................... .................. 1, ,8EJ Assessment clickthe-anDmDriate,Jrow._f R iaht,Cl ick ck to o Add, Exempt(s) T Werner Owner Type.Additional Desig Status: Spec Dist(s) ,Matthew Meredith Werner Owner Type-Additional Desig Status: Li Description Owner(s) ;;'Last Name/Company: First Name: Nil: jr.,Sr,etc. Images it G is -Li Site(1)Res Attention To In Care Of. Additional Address. ;0- Sale02/04/08 -Sire(1)Res Street No; Prefix Dir: Street Rural Route: St Suffix: Post Dir. UnitName: Unit No. IB j Sale11/11/04 -If _mo; -Site(1)Res Po Box No: City/Town: State: Zip Code: Sale07i22/02 1057 ld'Southo -Y7E: 71- Country:11FN [1-1 C try:enter if not"USA" Bar Cd: Oinnership" e.g.Life Use OwnerType. JPPrimary u Owner's Primary Residence Ready Arm1_1� 3 lgz� #12792 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of May, 2016. r+ Principal Clerk Sworn to before me this _ !I day of ; 2016. LEGAL NOTICE single family dwelling and accessory SOU'IHOLD TOWN ZONING shed,at;1)less than the,code required BOARD OF APPEALS single side yard setback of 15 feet,2) THURSDAY JUNE 2,2016 i less than the code required total side PUBLIC HEARINGS i yard setbacks of 35 feet, 3) 'as built' CHRISTINA VOLINSKI NO'T'ICE IS HEREBY GIVEN,' accessory shed located in other than NOTARY PUBLIC-STATE OF NEW YORK pursuant to Section 267 of the Town the code required rear yard,located at: No. 01V06105050 Law and Town Code Chapter 280 1540 Smith Drive South(adj.to Goose 6luallfled In Suffolk County (Zoning),Town of Southold, the fol- Creek)Southold,NY.SCTM#1000-76- My Comml6Sloa EI!{3ua>r^�••;ary tar x020 lowing public hearings will be held by 3-5 the SOUTHOLD TOWN ZONING 10:00 A.M. - EDWARD M. BOARD OF APPEALS at the Town BONANNO#6958-Request for Vari- Hatl,53095 Main Road,P.O.Box 1179, ante from Article XXIII Section 280- tion for building permit to construct The Board of Appeals will hear all Southold, New York 11971-0959, on 124 and the Building Inspector's April a deck addition to existing single fam- persons or their representatives,desir- THURSDAY JUNE 2 2016 5, 2016 Notice of Disapproval based ily dwelling,at; 1) less-than-the code ing to be heard at each hearing,and/or 9:15 A.M. - SUSAN i and EU. on an application for building permit required fear yard setback of 35 feet, desiring to submit written statements GENE H. MOISA #6956 - Request to construct an accessory in-ground located at: 320 Private Road #7 East before the conclusion of each hearing for Vat lances from Article XXIII Sec- swimming pool, at;,1) more than the Marion,NY.SCTM#1000-38-1-26 Each hearing will not start earlier.than tion 280-124 and Article III Section code maximum allowable lo[coverage 11:00 A.M. - HEATHER and PE- desigriafed above:.Files are available 280-15 and the Building Inspector's of 20%,located at:715 Legion Avenue TER CAMPBELL 46961 - Request for review during regular business March 22,2016 Notice of Disapproval Mattituck,NY.SCTM#1000-142-2-4 for Variances from Article XXIII Sec- hours and prior to the day of the hear- based on an application foF build- 10:15 A.M. - NICHOLAS-BRICE tion 280-124 and Article III Section ing. If you have questions,please con- ing permit to construct an accessory #6955-Request for Variance from Ar- 280-15.and.the Building•Inspector's 1 tact our office at,(631)765-1809,or by in-ground swimming pool and for 'as ticle I)I Section 280-15 and the Build- March15-, 2016 Notice of Disapprwal11 email.KimF@southoldtownny.gov built' deck addition to existing single ing Inspector's March 25,2016 Notice based•on an application for building Diitelmay 9,2016 family dwelling, at; 1) more than the I of Disapproval based on an applica- permit to additions and alterations 'ZONING BOARD'OFAPPEALS code permitted maximum lot coverage tion for building permit to construct/ to existing single family dwelling and F LESLIE KANES WEIS- of 20%,2)'as built'deck places exist- replace existing accessory in-ground construct in-ground swimming pool,, MAN, CHAIRPERSON ing accessory garage in location other swimming pool,at;1) proposed in lo- at;1)less than the code required front' BY:Kim Fuentes than the code required rear yard,lo- cation.other,than the code iequired yard setback of 40 feet,2)lot covered! 54375 Main Road(Office Location) cated at: 650 Orchard Street Orient, rear yard, located at: 5700 Nassau at more than the code permitted maxi-4' 53095 Main Road(Mailing/USPS) NY SCTM#1000-25-4-8- Point Road (Wunneweta Road) Cu- ? mum of 20°/x,-3) following proposed! P.O.Box 1179 9:30 A.M.-ANDREW CANNING tchogue,NY.SCTM#1000-111-12-2.1 i construction existing accessory garage Southold,NY 11971-0959 #6960 - Request for Variance from 10:30 A.M. - RAYMOND RAI- shed will be located in other than thpi 127924T 5/26 Article XXII SectLon 280-105C(3)and MONDI #6957 Request fof,;Va;i- code required rear yard,located at:400° the Building Inspector's April"4,2016 ance-s.from Article III Section 280=15. King Street Orient,NY.SCTM#1000- Notice of Disapproval based on an and the Building Inspector's February 26-2-14 application for building permit for'as 23,2016 Notice of Disapproval based built'deer fence,at;1)location in qth- on an,application for building permit er than the code permitted side or rear to demolish existmg dwelling and con- yards,located at:3625 Pine Neck Road struct new single family dwelling, at; Southold,NY.SCTM#1000-70-6-22 1)proposed construction places exist- 9:50 A.M. - VICTOR FERRUI.LI ing accessory garage in location other #6952 - Request for Variances from than the code required rear yard,2) Article XXIII Section 280-124 and 'as built' accessory shed at less than Article III Section 280-15 and the the code required side yard setback of Building Inspector's February 3,2016 r 20 feet;located at:1150 Mason Drive Notice of Disapproval based on an (adj. to Haywaters Cove) Cutchogue, application for building permit to le- NY SCTM#1000-104-7-6 galize and make changes to 'as built' 10.45 A.M.-SHIPWAY.LLC.#6959 additions and alterations to existing Request for Variance from•Article. XXIII Section 280-124 and the Build- ing Inspector's March 31,2016 Notice of Disapproval based on'an applica- N � TI � E U_ffF HEARINki The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095, Main Road , Southold: NAME : CANNING , ANDREW, # 6960 SCTM # : 1 000-70-6-22 VARIANCE : LOCATION REQUEST: 66AS BUILT" DEER FENCE DATE : THURS . , JUNE 2 , 2016 9N030 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 _ Fax 765-9064 LOCATION OF ZEA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.n'et May 9, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, June 2, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before May 16th: . Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other_attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 31, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS Of SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� jiff 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer u, Town Annex/First Floor,Capital One Bank George Horning a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ol�'COO �`C.v Southold,NY 11971 http://southoldtoWn.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 June 20, 2016 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Application#6960—Andrew Canning Dear Mrs. Moore; Transmitted for your records is a copy of the Board's June 16, 2016 Findings, Deliberations and Determination;--the original of which was filed with the Town Clerk regarding the above variance application. Prior to applying for your building permit, you must submit for approval and filing two sets of the final survey conforming to the alternative relief granted. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincer y, Kim E. Fuentes ZBA Assistant Encl. Cc: Building Dept. 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