Loading...
HomeMy WebLinkAbout6959 i D2-P -196"/9-T.6. kbP2 /Wimp . �G1< iroD1 1/w) 7-D k)f67;, os $ic1 PR P Ili 56-G -/p?9 PH- ep. /6, Afton j c,ti- i • . � l • BOARD MEMBERS ,1 ®� s®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson •i114 4® ` 53095 Main Road•P.O.Box 1179 /•,`® 4 : Southold,NY 11971-0959 Eric Dantes 2 Office Location: Gerard P.Goehringer % G @ ,� Town Annex/First Floor,Capital One Bank George Horning .'c'c` ,��R® I. 54375 Main Road(at Youngs Avenue) Kenneth Schneider ®l�`c®U �0`��,i��� Southold,NY 11971 http://southoldtown.northfork.net EC'-WE D ZONING BOARD OF APPEALS TOWN OF SOUTHOLD J hd 2 2 2016 Tel.(631)765-1809•Fax(631)765-9064 out ® d �vn C er, i, FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16,2016 ZBA FILE: 6959 NAME OF APPLICANT: Shipway, LLC PROPERTY LOCATION: 320 Private Road#7 East Marion,NY SCTM#1000-38-1-26 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 2, 2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a one and one-half story single family dwelling, which has 120 feet on Private #7, to the north, 120.19 feet to the south, 107.61 feet to the west and 114.52 feet to the east, as shown on a survey by Kenneth Woychuk,Land Surveyor, dated 4/12/16. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 13,328 sq. ft. parcel within the R-40 Zoning District. The northerly lot line measures 120.00 feet along Fire Road. The easterly lot line measures 114.52 feet along an adjacent residential parcel, and the southerly lot line measures 120.19 feet along an adjacent parcel currently used for storage. The westerly lot line measures 107.61 feet along another residential parcel. The property is improved with a one and one-half story single-family dwelling and detached accessory garage, as shown, on the survey drawn by Kenneth Woychuk, Licensed Surveyor, last revised April 12, 2016, showing the proposed attached wood deck and steps. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's March 31, 2016 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance to re-construct a deck addition to a single family dwelling having a 30.5 feet rear yard setback where the code requires a 35 feet rear yard setback. ADDITIONAL INFORMATION: The Right Of Way that serves as access to the subject parcel appears to have a dirt base with a top coat of shaved or used asphalt. The ROW serves three lots that run easterly from Shipyard Page 2,June 16,2016 #6959,Shipway,LLC SCTM No.1000-38-1-26 Lane and is known as Private Road #7 as identified by the East Marion Fire Department. At the hearing the applicant informed the Board that a much larger deck measuring 20.3 feet by 26 feet had to be removed due to age and poor construction. She was questioned by the Board as to whether she would consider reducing the depth of the deck„ to which she replied that anything less than 10 feet in depth would not accommodate a table and chairs and would therefore not be very functional. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The 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 §267-b(3)(b)(1). Grant of the variance will not create an undesirable in the character of the neighborhood or a detriment to nearby properties. The proposed deck addition cannot be seen from the road. The home is quite large in width and height thereby blocking any view of the proposed deck from the ROW. There are many mature trees and high grass between the east and west side yards of the subject property which provide visual privacy from adjacent parcels. . 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. If the applicant were to reduce the depth of the proposed re- constructed attached deck to create a conforming rear yard setback, the deck would only be 5 feet deep and not 3. Town Law 267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 14%relief from the code. However, it is impractical for the applicant to have a deck with a depth of only five feet. 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 the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new 10 feet by 26 feet open deck attached to the rear of the single family dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer , seconded by Member Schneider, and duly carried,to GRANT the variance as applied for as shown on the survey prepared by Kenneth M/ Woychuk, Land Surveyer, dated June 3, 2015 and last revised April 12, 2016, and three page drawing plans, prepared by John J. Condon, PE, dated November 4.2015. SUBJECT TO THE FOLLOWING CONDITION: 1. The deck shall remain unenclosed and open to the sky Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3,June 16,2016 #6959,Shipway,LLC SCTM No.1000-38-1-26 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer (Dantes Recuse). This Resolution was duly adopted(4-0). DAVI Leslie Kanes Weisman, Chairperson Approved for filing (ill /2016 r +71\ S.C.T.M. NO. DISTRICT: 1000 SECTION: 38 BLOCK: 1 LOT(S):26 •FIRE RO •AD • • . ° • • ; e°' • (PRIVATE ROAD #7) •°.'• .•a .• •• •EDGE OF GRAVEL OADWAY4 •r •' •e • 4 c ' /. / . U.P. ca;7 U.P. N64°51 '10”E 120.00' PIPE _ ELEC.--0 0.1 E ' . ' METER 0.3'S , CO O rn \. o iV ; z x01 Q w U'•, ' 0 Z Co Zw w' Ul _ _ • 0 cat) D F- Q 0 4' CHAINLINK FENCE WOOD ce v • t X STOOP Z Q 1.9'W 64.4 19.9,' t-cc rY W w 0 OD W X .. w et:,,.? ,,;.':::,`>;;::i, ':>i;Si,;.,i STY FRM.;, %: v'..: Z 0 Z .,. DWELLING ,;;;;,;,,, ,,,,,;,, ;, ;, ,,: L Lu tL OD.'::: CO':' -1 N,.:,,r,;... 320 N' LL y Y „::: :,rrr �{ W \ ::,,. ::,,.. w ccz z J 3 w Zz ::;,:,:.;;;.:.:: 00 Q 1- Z0 2 Z Z Z g •• 35.8' ::,;.,..:;•:, •.,,, „ ,. , cl- PROPOSED o-7-- x 0 o WOOD _� C� Cr DECK ® y ::: 26.0' C; m CL w ' • 4.0' _ p co N :16.3' 0 = 0 �► I ) "FRM. . �' GARAGE M 261.43' 2.1'W 0.7'N . ' 4' CHAINLINK FENCE 4,Nx 0�4 S68"09'00"W --- ---• 0.4 N x 120.19' LAND N/F OF NORTHERN OYSTER COMPANY FINAL MAP REVIEWED BY ZBA ..-- 6,FJ SEE DECISION # 6, l DATED ‘, l / /(90/(0 RECEIVED APR 1 4 2016 ZONING BOARD OF APPEALS ADD REAR DECK 04-12-16 THE WA7ER SUPPLY, WELLS, DRYKELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM F7ELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS. AREA: 13,328 S.F. or 0.31 ACRES ELEVATION DATUM: UNAUTHORIZED AL TERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STA 7E EDUCA TION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITU770N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT IN TENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: SHIPWAY, LLC; MAP OF: FIDELITY NATIONAL TITLE INSURANCE SERVICES LLC. FILED: , - ,,, _ SITUATED AT: EAST MARION " TOWN OF: SOUTHOLD . _ • KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design „ - ' - f P.O. Box 153 Aquebogue, New York 11931 PHONE (631)298-1588 FAX (831) 298-1588 FILE # 15-79 SCALE: 1'1=20' {DATE:JUNE 3, 2015 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk _ _ I _ _ . . Gl- \ I- R A _ \ OTI- S WIND FRAMING NOTES � NAILING SCHEDULE PLAN LUN I EN I S: 1).RIDGE-TO-RAFTERASSEMBLY: ROOF FRAMING: OCCUPANCY CLASSIFICATION R3 RESIDENTIAL 1-1/4"x 20 gauge strap shall be attached to each pair of rafters in accordance to table 3.4. NAIL NAIL BUILDING USE DWELLING When a color tie is used in leu of a ridge strap,the number of 10d common nails required JOiNT DESCRIPTION QTY. SPACING NOTES BUILDING HEIGHT CONSTRUCTION NOTES: In each end of the cellar tie need not exceed the tabulated number of 8d netts h the strap. RAFTER TO 8'WALL:3'8d COMMON EACH MENAZI TOTAL S0. FT. OF CONSTRUCTION 1).The information wtWn thls set ofconWPRESCRIPTIVE AS PER N Y.SRESIDENTIAL CONSTRUCTION CODE AND scdon documents is related to basic design 2).RAFTER-TO-WALL ASSEMBLY: TOP PLATE 1Q'WALL 4-8d COMMON RAFTEinformationIntent and framing detals.They are Intended as a construction aid,nota substitute Lateral framing and shear wall connections for rafter,ceiling or truss to top plate shall be in CEIUNG JOIST 8'WALL:3-8d COMMON EACH DESIGN CRITERIA . for generally accepted good bolding practice and oomplance with current New York accordance to table 3.3.When a rafter or truss do not fall In line with studs below,rafters TO TOP PLATE 10'WALL:4-8d COMMON JOIST TOE-NAIL 1995 SBC HIGH WIND EDITION, WOOD FRAME CONSTRUCTION MANUAL State building codes.The General Contactor is responsbie fix providing standard or trusses shall be attached to the wall top plate and the wall top plate shall be attached ta - CEIUNG JOIST TO AS PER TABLE 3.7 EACH FACE FRAMING ELEMENTS AS PER FLOOR PLANS, CROSS SECTION AND GENERAL NOTES construction details and procedures to ensure a professlonaly finished,structurally the to the wall stud with uplift comedians.Roofs overhanging the rake aide of the building PARALLEL RAFTER WFCM-SBC LAP NAIL EXT, BALCONIES 60 sound and a weatherproof completed product shal!be connected with uplift comedians in accordance with table 3.3c. CEIUNG JOIST LAPS AS PER TABLE 3.7 EACH FACE DECKS 40 2).The General Contractor Is responsible for ensuring that all work and construction 3).WALL-TO-WALL ASSEMBLY: OVER PARTITION WFCM-SBC LAP NAIL ATTICS w/o STORAGE 10 meets current federal,state,county and local codes,ordinances and regulations,etc. Wall studs above and studs below a floor level shall be attached with uplft connections In COLLAR TiE AS PER TABLE 3.4 EACH FACE ATTICS w/ STORAGE 20 Therm cadet'are to be considered as part of the spedfications for this building and accordance with table 3.3b.When wall studs above do not fall in Ina with studs below,the TORAFTER WFCM-SBC END _ NAIL DESIGN LOAD CALCULATIONS ROOF (GROUND SNOW LOAD) 45 should be adhered to even It In variance with the plan. abide shall be attached to a common member in the floor assembly with uplift connectors in BLOCKING EACH TOE (LIVE LOADS P SF) accordance with table 3.3. TO RAFTER 2-8d COMMON END NAIL ROOMS (OTHER THAN SLEEPING) 40 ROOMS (SLEEPING) 30 3).Dimensions shall take precedent over scaled drawings. RIM BOARD EACH END (DO NOT SCALE DRAWINGS). 4).WALL ASSEMBLY TO FOUNDATION: TO RAFTER 2-18d COMMON END NAIL STAIRS 40 First wall studs shall be connected to the foundation,sill plate,or bottom plate with uplift GAURDRAILS (ANY DIRECTION) 200 4).The engineer has not been engaged for construction supervision and assumes no connectors.Steel straps shall have a minimum embedment of 7 inches in concrete WALL FRAMING: responsibility for construction coordinating with these plans,nor responsbilty for foundation and slab-on-grade,15 inches in masonry block foundations,or lapped under EXPOSURE C A T AGOR Y construction means,methods,tedniques,sequences,or procedures,or for safety the plate and nailed h accordance with table 3.3b.When steel straps are lapped under the JOINT DESCRIPTION NANAILNOTES precautions and programs In connection with the work.There are no war anties for a bottom plate,3 inch square washes shall be used with the anchor bolts.Anchor bolt QTYY. SPACING LOAD PATH SEE CONSTRUCTION ANDWIND PATH CONNECTION specific use expressed or implied in the use of these plans. spacing Is to be spaced and sized in accordance to table 3.2a.In addition to sparing, TOP PLATE TO 2-16d COMMON PER FACE NAIL (ROOF - FOUNDATION) DETAIL PAGE & GENERAL NOTE PAGE - anchor bolts are to be spaced between 6-12 inches from the end of a sill plate and al TOP PLATE FOOT SEE NOTE 1 NAILING SCHEDULE SEE GENERAL NOTE PAGE 5).Refer to the Window and Door schedule for exterior openings. COMM. TOP PLATES AT JOINTS FACE 4-16dCOMMON EGRESS SEE FLOOR PLANS AND WINDOW SCHEDULE INTERSECTIONS EA.SIDE NAIL ` YM.: 6).The General Contractor is to ensure that masonry or prefebractad fireplaces meets 5).TYPE I EXTERIOR SHEARWALL CONNECTIONS: STUD TO 24" FACE FIRE PROTECTION SEE FLOOR PLANS or exceeds manufacture's spedflcatbns and applicable codes. Type I exterior shear walls with a minimum of 7/16 Inch wood structural panel on the exterior STUD 2-16d COMMON O.C. NAIL (SMOKE & CC2 DETECTORS) attached with 8d common nails at 8"o.c.atthepaneledgesand12"o.c.inthefield,and TRUSS DESIGN N/A - STANDARD STICK FRAME CONSTRUCTION 7).The General Contractor is to consult with the owner for al built-in items 1/2 inch gypsum wallboard the e interior attached with 5d cooler nails at 7"o.c.at panel HEADER TO 16d COMMON 16"O.C. FACE such as bookcases,shelving,pantry,closets,trims,etc. edges and 10"o.c.In the field shal be in accordance with the length requirements specified HEADER ALONG EDGES NAIL ENERGY CALCULATIONS RESCHECK 3.5 RELEASE 1 In table 3.15a-b. TOP OR BOTTOM 2-16d COMMON PER 2x4 STUD END 8).Wind load requirements shall be taken into account during consbuction. 6).TYPE II EXTERIOR SHEARWALL CONNECTIONS: PLATE TO STUD 3-16d COMMON PER 2x6 STUD NAIL FOUNDATION NOTES: Type II exterior shearwalls shall meet the requirements of table 3.15a-b times the appropriate BOTTOM PLATE TO: PER FACE NAIL 1).The General Contractor and Mason to review plans,elevations,details and notes to length adjustment factors In table 3.16. END JOIST OR BLOCKSTR JOIST,BANDING 2-16d COMMON FOOT SEE NOTE:1,2 determine Intended heights of finished floor(s)above typical grade. 7).INTERIOR SHEARWALL CONNECTIONS: FLOOR FRAMING: Allowable sidewell lengths provided In table 3.14 shal be permitted to be increased when NAIL Interior shearwals are used.Sheathing and connections shall be In accordance with JOINT DESCRIPTION NAIL 2).Al footings to rest on undisturbed(virgin)soli.Assumed bearing 3000paf NOTES 2.4.42 and 2.2.4 respectively. QTY. SPACING3).Provide 1/2"expansion joint naterialbetweenconcreteestabsandabuuhg JOIST TO: PER TOE CLIMATIC & GEOGRAPHIC DESIGN CRITERIA concrete or masonrywails moos In exterior or unheated Interior areas. 4-8d COMMON n9 8).CONNECTIONS AROUND EXTERIOR WALL OPENINGS: SILL,TOP PLATE OR GIRDER JOIST NAIL GROUND WIND SEISMIC FROST WINTER ICESHIELD FLOOD Header and/or girder connections shal be attached with uplift connections In accordance BRIDGING EACH TOE SNOW SPEED DESIGN WEATHERING LiNE TERMITE DECAY DESIGN UNDERLAYMENT 4).Any new concrete walls being attached to existing concrete structure shall with table 3.5.Window all plates shall be have steel connectors In accordance with table 2-8d COMMON HAZARDS be installed with#4 re-bar,18"long at 12'o.c..Use approved epoxy for installation. 3.5. TO JOIST END - NAIL LOAD (MPH) CATEGORY DEPTH TEMP. REQUIRED BLOCKING 2-8d COMMON EACH TOE MODERATE SLIGHT TO 5).Unless otherwise noted,al slabs on grade to be 2500 p.s.I..Concrete to be 9).CATHEDRAL CEILING ASSEMBLY: TO JOIST END NAIL 20 LBS. 120 B SEVERE 3 FT. TO HEAVY MODERATE 11 YES - poured on 4 inch thick sand or gravel ill with 6x8 cute mesh reinforcing.Interior slabs Where a ridge is to be used as a structural beam,the rafters shall either be notched and BLOCKING TO: EACH TOE - to be minimum 3-12 inch thick anchored on top of the beam or slope connectors shal be attached to each rafter-to-ridge SILL OR TOP PLATE 3-18d COMMON BLOCK NAIL 6).Crawl spaces to be provided with a minimum 18"xa4'access opening.In.�tali one along the open ceiling part of the bolding.Connections to the ridge and wall shall be be LEDGER STRIP EACH FACE ROOF SHEATHING REQUIREMENTS FOR WIND LOADS: attached with the above requirements' 3-18d COMMON NAIL SPACING NAIL SPACING AT INTERMEDIATE 8•c18 cast iron four.k on vent for every 150 eq.ft.of sm. - TO BEAM JOIST NAIL _ - w SHEATHINI LOCATION NOTES DECK AND COVERED PORCH NOTES: JOIST ON LEDGER 3-�COMMON PER TOE _ AT PANE,.EDGES _s.PPORTS IN THE PANEL FIELD 7).Derrhpproof exterior of foundation with bituminous coating as per section R406 of TO BEAM JOIST NAIL 4'PERIMETER EDGE ZONE 8d COMMON 0 B'O.C. 8d COMMON 0 6"O.C. SEE NOTES:1,3 N.Y.S.Residential Construction Code.A 6-ml polyethylene film that be applied over 1).Unless otherwise noted,all framing material to be#1 ACQ pressure treated lumber. the below grade portion of exterior walls prior to badQling. All fasteners,hangers and anchors to be gahrinized or8'stainless steel. I BAND JOIST 3.16d COMMON PER END SEE NOTES:I(BOTH FIELDS) TO JOIST JOIST NAIL INTERIOR ZONE 8d COMMON 0 O.C. 8d COMMON 0 12'O.C. NOTE 2 FOR PANEL FIELD 8).Drainage as per section R405 of N.Y.S.Residential Construction Code. 2).Girders for dads joists to be bolted to each post with washers and nuts. BAND JOIST TO: 2-16d COMMON PER TOE NAIL GABLE ENDWALL RAKE AND RAKE TRUSS Bd COMMON 0 4'O.C. 8d COMMON 4"O.C. SEE NOTES:1,3 Girders on concrete piers shall be anchored with proper steel connectors anchored SILL OR TOP PLATE FOOT SEE NOTE:1 FRAMING NOTES into don to with a minimum 1/2"dla x 7'long anchor bolt with washers and nuts. ROOF SHEATHING: NOTES 1).AI Gaming techniques end methods as prescriptive design of 2001 SBC High Wind 3).Posts supporting girders shall be anchored boa 12'x12'512'thick concrete footing. JOINT DESCRIPTION NAIL NAIL NOTES THESE NOTES ARE ONLY TO BE REFERRED TO IF MENTIONED IN SCHEDULE NOTES ONLY. Edition Wood Framing Construction Manual. Use a minimum 112'die x 7"long anchor bolt with washers and nuts.Footings Shal QTY. SPACING 2).Unless otherwise noted,al framing and structural wood material 10 be#2+BTR. STR be 3 ft.below grade.Concrete piers to be used withal porchesldecks with roofs or pergolas. AS PER TABLE 3.8 1).For roof aheatNng within 4 feet of the perimeter edge of the roof,Including u 4 feet on each side of the roof peak, STRUCTURAL PANEL 8d WFCM the 4 foot perimeter edge zone attachments required shall be used. Douglas Fir. 4).Deck joists to have bloddng at 80 o.c.. CEILING SHEATHING: 3).Floors,vials,callings end rafters to be spaced at 16 Inches o.c.unless noted2). framing 12 inch o with nail spacing Fumes ning attached ato rafter/truss Inchesfrao.c members with G>0.49. 5).A minimum of 10 Inch flashing shall be Installed between the building and ledger. JOINT DESCRIPTION NOTES For framing members <0.42<G<0.49,Che nal spacing shall be reduced to 6 o.c. otherwise. Ledger to be fastened to building with 1/2"dia.bolts with washers and nuts QTY. SPACING 4).Unless otherwise noted,all bearing well headers to be(2)2x10#2+BTR Doug.Fir. where needed. GYPSUM 5d COOLERS 7' O.C.EDGE 3).Tabulated 4 inch o.c.nail sPss*g assumes sheathing to rafter/truss framing members with G>0.49.For Bearing wall headers to have(2)jack studs and(2)full length studs on each side of al 8).Concrete piers shal be a minimum 6"above grade. WALLBOARD 10'O.0.FIELD framing members with 0.42<G03.49,the nail spedng anal be reduced to 3 Inches o.c. openings.LVL headers to have(3)Jadc studs and(2)full length studs on each side of WALL SHEATHING: openings.Bearing wall window sits shell also have(2)window sit plates for 2x4 wal 7).Al joists to be supported with hangers and anchors.Each Joist shag also be anchored openings 4ng where apand ble. Bwell openings between 5'11and 8'9.Provide fire �gber(ab JOINT DESCRIPTION NAILTMSPACING NOTESand WALL SHEATHING REQUIREMENTS FOR WIND LOADS: 8).Covered Roofs shall be assembled and anchored the same manner as a typical building. STRUCTURAL COMMON AS PER TABLE 3.9 NAIL SPACING NAIL SPACING AT INTERMEDIATE 5).Al flush beemsl headers to be installed with heavy duty gaMnized hangers and PANELS WFCM-SBC SHEATHING LOCATION AT PANEL EDGES SUPPORTS IN THE PANEL FIELD NOTES anis«swhere apgkabletoallconnectingjoms. PLUMBING NOTES 7/16"OSB 3'O.C.EDGE SEE NOTES:1,3(BOTH FIELDS) 6).Double hootPLYWOOD COMMON 6"O.C.FIELD 4'EDGE ZONE 8d COMMON 0 6"O.C. 8d COMMON 0 12'O.C. up joists under walls that run parallel to the Soo joist and under bathtubs. 1).Al water supply,drainage and venting to be installed as per N.Y.S.Residential NOTE 2 FOR PANEL FELD Floors to have ceramic tie installed shall be verified for proper load capacity unless noted Construction Code. GYPSUM 7" O.C.EDGE c on plans. WALLBOARD 5d COOLERS 10'C.0.FIELD INTERIOR ZONE 16d COMMON 0 6"0.C. ad COMMON 012"O.C. SEE NOTE 3 2) Verify septic system with the Engineer for Suffolk County Health Department approval. 7).Provide blodcing/bridging in floor joists at 8'0 o.c..Use sold blocking in floor joists FLOOR SHEATHING: NOTES under all bearing walla. 3).If wall studs,plates or joists are cut out during installation for any plumbing related work, JOINT DESCRIPTION NAIL NAIL NOTES THESE NOTES ARE ONLY TO BE REFERRED TO IF MENTIONED IN SCHEDULE NOTES ONLY. provide adequate bracing and plates to protect and secure the st u ture.Verify with the QTY. SPACING 8).Provide insulation baffles at save vents between ratters.Install draft blocking as state code and manufacture's recommendation for maximum hole size and spacing permitted. STRUCTURAL PANELS 12"0 C.FIELDbe used. wall sheathing within 4 feet of the corners,the 4 foot edge zone attachment requirements snail needed. HVAC SYSTEM NOTES COMMON 9).Unless otherwise noted,al roofs and walls to have a minimkrn 1/2"thick,4-ply Ft 1).Mechanical subcontractor is responsible for adhearing to all applicable codes and safety NOTES: 2).Tabulated 12 inch o.c.net spacing assumes sheathing attached to stud framing members with COX exterior sheathing grade plywood.Plywood to cover over plates and headers. requirements. G>0.49.For flaming members with 0.42<Gc,the nal spadngs Mel be reduced to 6 Inches o.c. THESE NOTES ARE ONLY TO BE REFERRED TO IF 10).Unless otherwise noted use 314'Chick TdC PTS Flr or Actuanth plywood sutmAoor adhered with P1400 adhesive and screwed to floor joists.Finished floor to be Installed 2).HVAC subcontractor Is to fully coordinate all system data and requirements with the MENTIONED IN SCHEDULE NOTES ONLY. 3).For exterior panel siding,gehinized box mals shall be permitted to be subsCtrMd for common nails. over subloor as manufacture's Instructions. equipment suppler. /,10 ��Po 1).Narang requirements are based on wall slheaGhhg 11).All bathroom walls to have 112'tthbk nholatureresistsrnt sheeaocic.Garage walls and 3).HVAC subcontractor to provide final system layout drawing and submit It to the General naled 6"on- enter at Che panel edge.If wall sheathingContractorandownerforfinalreviewandl. is nailed 3"on-center at the panel edge to obtain higher r , ceilings and over furnace to have 518'Mkt type-x sheetrock.Al other parts of building shear capacities,nailing requirements for structural r:-CO to have regular 112'sheetrodc.All wails to be taped and finished. ELECTRICAL NOTES: members shall be doubled,or alternate connectors, 12).All roof with a pitch less than 4:12 shat be installed with an Ice&Water barrier or 1).Al electrical to be installed as per N.Y.S.Residential Construction Code. such as shear plates,shall be used to maintain load path. ,;' • approved equal.Flat roofs shall be applied with a Fberglas base sheet with an EPDM 2).When wall sheathing is continuous over connected r,� M ppv- torch down material over. 2).Alelectrical work shall beaqualified Underwriter. F x� typeapproved by members,the tabulated number of nails shell be permitted �0 �",,��,�,,;,»..k to be reduced tol-16d nail per foot /Qe$�`\C"V - Phi. 0f ) , 1' 13).All sill plates and wood in contact with concrete to be pressure treated.Sill plates to 3).Instal Smoke detectors and Carbon Monoxide detectors throughout as per section R317 .� be Installed with a foam sit gasket and cop-r-tex termite Wield or approved equal. of N.Y.S.Residential Construction Code. J. 'C ., . 4 �� 684' + *F� . p� _ ' ' .. ,y SS10 • WIND RESISTANT CONSTRUCTION CONNECTORS DECK & PORCH CONSTRUCTION DETAILS 8c WIND LOAD !-) ATH CONNECTION DETAILS CONNECTION OCATION PART NUMBER NOTE$ . 4x4 POST TQ FOOTING ANCHOR PAU44 OR WE44 pAU44: USE w/ MIN. 1/2" DIA. x 7" ANCHOR BST 6x6 POST TO FOOTING ANCHOR PAU66 OR WE66 PAU66: USE w/ MIN. 1/2" DIA. x 7" ANCHOR BOLT 4x4 POST TC GIRDER/HEADER pBS44 I PBSE44 / KC44 )USE ONE TWE FOR EACH POST 6x6 POST TC GIRDER/HEADER FBS66 / PBSErsT/A2K4C66 ,USE ONETYPE FOR EACH POSTPOST/COLUMTOGIRDER/HEADER LSTA12 OR �1SE (2) FOR EACH PAST/COLUMN �� �� RAFTER 111441\111# �� �� STAIR STRIN( ;R CONNECTION TMU26 OR MPA1 VSE ON EACH STRINGER 01.rw 144141%1 RAFTER/MIS' TO HEADER TYDOWN RT15 USE FOR EACH RAFTER �,—'` RAFTER TO LI :GER BOARD TMU26 OR MPA1 yi�SjERENTMU26 CAN NOT BE EACH RAFTER. 1USEp USE BEY RAFTS ', ��` LEDGER 'I U. - THE FOLLOWING OR APPROVED USP METAL CONNECTORS FOR PROPER WIND RESISTANT CONSTRUCTION. F( i OW MANUFACTURE'S RECOMENDED INSTALLATION INSTRUCTIONS TO ACHIEVE MAXIMUM UPUFT LOAD CAPACITY. RIDGE �� ' NAILING SCHEDULE 111 ',-.. HEADS ROOF FRAMING: N ' R A FTE' JOINT DESCRIPTION QTY. I SPACING NOTES ` RAFTER TO 6 WALL 3-8d COMMON EACH TnE_NAL TOP PLATE 10'WALL:4-8d COMMON RAFTER F, CEILING JOIST 8'WALL add COMMON EACH TO TOP PLATE 10'WALL:4-8d COMMON JOIST ME-NAIL - CEILING JOIST TO AS PER TABLE 3.7 EACH FACE TYPICAL RIDGE TO RAFTER STRAPPING RAFTER TO WALL CONNECTION ALTERNATIVE RAFTER TO HEADER CONNECTION PARALLEL RAFTER WFCM-SBC LAP NAIL CEILING JOIST LAPS AS PER TABLE 3.7 EACH FACE L OVER PARTITION WFCM-SSC LAP NAIL = COLLAR TIE AS PER TABLE 3.4 EACH FACE TO RAFTER WFCM-SBC END NAIL IC STAIR TREAD 0� BLOCKING 2-Sd COMMON EACH TOE 113) GIRDER HEADSR— ' TO O ENO NAI` EACH }- POST- T— RIM BOARD OARD ► 1.40.1, 2-1 8dCOMMON NA POST COLUM '' STRINGE" O '4-/f WALL FRAMING: JOINT DELI'" T QTY. 2-16d COMMON isAcyG Rt 'Es FACE NAIL Q m TOP JOINTS — CDRIM/DECK JOI 1%. PLATES «T i ' CSTRINGER TO DECK/PORCH CONNECTION INTERSECTIONS 4-1°°C°�ONEA.SIDE NAIL •GIRDER/HEADER TO POST/COLUMN CONNECTION STUD TO2-ted COMMON 24" FACE 0 STUD O.C. NAIL HEADER TO 18d COMMON 18'O.C. FACE «or ii HEADER ALONG EDGES NAIL POST TO DECK/PORCH CONNECTION TOP OR BOTTOM 2-16dCOMMON PFPb4STUD END PLATE TO STUD 3-1Id COMMON PER 2x8 STUD NAIL a • BOTTOM PLATE TO: tie FLOOR JOIST,BAND JOIST. 2-fed COMMON F00.1 jET C. E O JOIST OR BLOCKING •DECK JOIST FRAMING:_ QTY. SPACINGJOINT DESCRIPTION NALI NAIL JOIST TO: GIRDER/HEADE , I+� SIL.TOP GImERT4-ate0014F1ON42GIRDER/HEADS' BRIDGINO EACH CZ 9 O J OI S O 11/ - T BLOCKING 2-Bd N EACH TOE .— •POST COLUMN— 1 (� e / TO JOIST END NAIL ' BLOCKING T0: EACH TOE POST/C O L U M •, O i i,/ LL OR TOP PLATE 3.,�=NON BLOCK NAIL C CO LEDGER STRIP - EACH FACE411) A TO BEAM 3 18d COMMON JOIST NAIL 416) - GIRDER HEADE" 3 JOIST ON LEDGER PER TOE / ,- TO BEAM 3: COMMON JOIST NAIL owe BAND JOIST PER 1� TO JOIST BANO JOIST TO: 3 led COMMON JOIST NAIL 11 SILL OR TOP PLATE 2.18d COMMONTOET'OE NAIL. • OOF SHEATHI G: GIRDER/HEADER TO POST/COLUMN CONNECTION GIRDER/HEADER TO POST/COLUMN CONNECTION JOIST TO GIRDER/H_EA.DER CONNECTION 1.1/0INTDEScxtiPTaN NOTES QTY. SPACICI NG . TRiUCTURAL PANEL. 80 AS PER TABLE 9 8 WFCM-SBC DECK AND COVERED PORCH NOTES: 1).Unites otherwise noted,di awning material b be NN ACO pressure tested lumber. AI belsnsrs,harpers end anchors b be privatized or stainless steel. 2).Girders for deck Joists b be bolted or anchored b each pat or pier with washers and nub. Gliders on concede piers shat be anchored web proper steal connect=anchored GIRDER I Into concrete Ott a nhtimum 1/2'db x r lap anchor bolt with washers and nub. 1► , I 3).Poet supporting ptders shah De anchored b a 12'x125riT. liclk concrete Wang. Oa S POST ® .below dim ee s with r long . w,°°3'bolo.grade. ' be 3 R.below 11 WOOD J01 �® H 4).Deck joists bhave blocking M8Oo.c.. 5).A minimum of 10 Inch lashing shall be I nsi lied between Ike building and ledger. ' Ledger b be fastened b bul�lrg with lf?dia.bolts with washers and nub GIRDER/HEAD " '''j��Ohl h A Iat,8'o.c. CONCRETE PIE •.' 12x12 x12 CONCRETE FOOT _ 0 •• > • 14 v ,`.,v v•,`"y v-,`A. WOOD J O I S 0 11 8).Coned,piers shall be a mtimum r above grade. •a> . i " 7).M Joists to be supported On herpers and anchors.Est Joist shall deo torr anchored • A to p rder(s). v " 'v' , POST TO FOOTING CONNECTION 8).Covered Roots shall be aeembisd and anchored the ams manner as a typic!brldinp. ` JOIST FRAMING FLUSH WITH GIRDER/HEADER CLIMATIC & GEOGRAPHIC DESIGN CRITERIA GROUND WIND SEISMIC FROST WINTER ICESHIaL) GIRDER TO CONCRETE PIER CONNECTION SNOW SPEED DESIGN WEATHERING LINE TERMITE DECAY DESIGN UPDERLAYMQ4T F LOOD LOAD (MPH) CATEGORY DEPTH TEMP. REQUIRED MODERATE SUOMI TO 45 LBS. 120 B SEVERE 3 FT. TO VY MODERATE 11 NONE - �� l" FAL �' ' ,„ A .4,... '.:a:� Off, v" ., P.LCEIVI_1 ti1 N--, 1 � <L# ZONING BOARD OF APPEALS N in 0\ .-r V Z_ a v c 4- .0 00 0L) 4- O% d CI .4 00 al • ON 1 wvCI o a -o c d O 0) V .n in a) 6 lf) - 1 in ', ( 1 . 49__....v.. _ _. _.__w� .� _____ =� _ _ -- r CII •— Z VI M era ei) v% Q % +.- s° \ \ -o v N N Z.. \ \�J ��� I_ N c M � !2'' 2Co ! c� ►� I!2" �` U) I _ a 4 I 4) M No /„/ (�/rte •..(1 _ rt- L________ —-{--r;esa:u''' 1 C w1` 1 - ' 1 rz>ll0 - L... t;- 2.� 1 12 Pw cOcoo .� 0 t 1 so -rv� ' col I 2- I'0�, N @j ,,- Od orr F,,0((n D,u; E 'o' ori�►�s _—__�>. 5-c���)1 a_�._.2_.r -r:1.-t ,_1w4_ t t - _ 2 '�, FST” � - - — -- - -�xID "' I -r .. ILL— 1 0Q-1--- O n ___ ____— _ pa u► - 0 2310 I, S,Q 'fJ « 010 i1 Cj� -�^TSY., ,..4.. '-: �'�'"`i", et ..,' Lrr��i4'�r '✓C.C�f t L� �,al (t SCC„F..Iv�,d, (''i..'. ZONIN( BOARD OF APPEALS t.l. LJ ' 604-1,40.r. S2/5 F 21\7,1r EE 7 •r46.t21 o1.1 t.1,'w :, ,, ta • �, F..�II ,�4 I5 Ot'''rare �\ I a�' it__ : i 1 ,--,: :.:1-- '2::::::Fi-t-‘4_ _I--t1 `f r ,, r;J”` �� 'ax '` /-,I-1 20x2. �1 �� -COUNTY OF SUFFOLK oft ()WI ,,e ty41\e Q---- $' (1\ „.- ._'-, RECEIVED p9,/ ti <,.., e,,z,„ „ON, J MAY ® 9 2016 ta� /1 4 ZONING BOARD,OF APPEALS •,C° Steven Bellone 1 �\ SUFFOLK COUNTY EXECUTIVE _ . Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment May 2, 2016 Town of Southold ' Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears-to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Shipway LLC #6959 Campbell, Heather&Peter #6961 Kearns, Lori&Neil #6962 Coogan, Joseph& Maureen #6963 Bates, Russell H. #6964 Very truly yours, Sarah Lansdale Director of Planning ----- - ,------- 1/ ,C,az.le--Zi:)---""-- Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG • 100 VETERANS MEMORIAL HWY,11th Fl • P.O.BOX 6100 is HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 RECEIVED FORM NO. 3 APR 14 2016 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 31, 2016 TO: Shipway LLC (Conant) PO Box 136 East Marion,NY 11939 Please take notice that your application dated March 25, 2016: For permit for a deck addition to the existing single-family dwelling at: Location of property: 320 Private Road#7, East Marion,NY County Tax Map No. 1000 - Section 38 Block 1 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed deck addition, on this non-conforming 13,328 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states; non-conforming lots,measuring less than 20,000 square feet in total size, require a rear yard setback of 35 feet. The proposed construction has a rear yard setback of±30.3 feet. /. r- Authoriz,d Signature Note to App leant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. MA5q RECEIVED Fee:$ Filed By: Assignment No. APR 1 4 2016 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APfeAIYSBOARD OF APPEALS AREA VARIANCE House No. 320 Street?u vSk 9•al Hamlet ''aSk- ‘INA vt,Yi d1r� SCTM 1000 Section 3$ Block 1 Lot(s) 2(o Lot Size • 3 I Zone 12-130 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): S;rpw LAG 1•1 orta cttAIT Mailing Address: --P-O• ev %Coy G aSk* M alts a , 01 1 tc3S Telephone: 23S• (35 Fax: Email: flara• Co'not.M-0 a..il • Co 1M 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: - 0 N k for( ) Owner( )Other: Address: Telephone: Fax: Email: Pleas check to specify who you wish correspondence to be mailed to,from the above names: ( pplicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 1 t( 4 ( t S and DENIED AN APPLICATION DATED 9 i l 11, FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction (4.Other: (Z-FPrr •D 5C•s.„ Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: )64t q Section: 2-‘2,8 Subsection: % 2 Type of Ap eal. An Appeal is made for: - (Alf 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 Othe A prior appeal ( ) has, ( s not been made at any time with respect to'this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question'or call our office for assistance) Name of Owner ZBA File# ) ‘4 RECE ED Name of Owner: ZBA File# APR 1 4 2016 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): ZONING BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: a€fix o,.s a VrovWv. $ �v 104. lsPv3- u 1A 10.E Svv.0.1Le1' -t'hou�n -t'1r.�- �n'av5 .a4, '�" ‘,./Z4t, %KIXr V-$ ‘cAcic, 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:e 44A's tevu-r.e.fh ov." s LA Urvy `aa a SYva.M.*( Vdla.eA. .3 .o�a . 3.The amount of relief requested is not substantial because: ckfire, fro T we. ?style O C-9n'lis°cra-u S (ara "-kJ> 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 1 G-e. dac c . 3 ‘4=a-s .Inw% Q I aw-ot �- v�oi- b-e Sead‘r‘ - ate.A ‘11-12-404.b ors or krinst. "4-4 • 5.Has the alleged difficulty been self created? { } Yes,or {1)6T° Why: P-POZAR Ou S ®1 ,o In-ed( i11.�' IM, N".0 iii- K ^�A I ,�C .O Vt- �PAtoe �Ow.T' C 1'- A bJW 4.O►vyl� yy►,1�. Are there any Covenants or Restrictions concerning this land? {r}'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: 1 0Y-G% COV-6kith- Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo to before me this y day of ; 0 1 I ' f+zok Notary Pub,c - CYNTHIA M:,CUSATI Notary Public,State of New York No.01CU6100507 Qualified in Suffolk County Commission Expires Oct 204 APPLICANT'S PROJECT DESCRu- 'ION , APPLICANT: of-4 Co V\ AAA, DATE PREPARED: di ° 14 ' !(o 1.For Demolition of Existing Building Areas Please describe areas being removed: tilt („e_64r (Axed.. tt S p-2 H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 267 1 W x 1 O ' 1 ' (ear c ec (. Dimensions of new second floor: N L� Dimensions of floor abovesecond level: N/A Height(from finished ground to top of ridge): ',wok q 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: NumbererofFloorsand General Characteristics BEFORE Alterations: 2 ' a.ri Q Number of Floors and Changes WITH Alterations: '2. c. -zrsti rs lR, -6k:Anru f A 2M c.Q vim ., r-e-exc °U.CIA. . IV. Calculations of building areas and lot coverage(from surveyor): c v Existing square footage of buildings on your property: 27 l 4G, 14' ( SQ. + gwrace) Proposed increase of building coverage: 2Co 0 Co Square footage of your lot: C'3�S243 Percentage of coverage of your lot by building area: V.Purpose of New Construction: l o f LA c_Q. I•E\\ Urbk",. S-Qa.r dtdA— --a4- vy g 1.14- .�JI�. ken.;!L -'. 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): L4A- .'3 T`a.i- 4 c ovr . 4P ,gal , RECEIVED APR '. 42U0- Please submit 8 sets of photos,labeled to show different angles of yaribmv Aucpt9ilikwArgiers for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes /No , B. Are ch.ere any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? "J 2.)Are those areas shown on the survey submitted with this application? N 3.)Is the property bulk headed between the wetlands area and the upland building area? N o - 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? 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? N 0 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? IN O Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? N 0_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. Ifany 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? N c If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Y1f2 R ,' and the proposed use Cpv.Ma- w( & k. (� . (ex•existing single family,proposed same with garage,pool or other) - \\ CON---Gkegr. Authorized signature and Date - RECEIVED APR 1 4 2016 ZONING BOARD OF APPEALS • 7,62°19 , , r_ • ___ ,_ _ RECEIVED AGRICULTURAL DATA STATEMENT APR 1 4 2016 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: N15 Ca CO vA 0.0."r 2. Address of Applicant: '5.2,0 ?n` 1-e CZer.,:t # --1- 3. }3. Name of Land Owner(if other than Applicant): g cinry—o._ 4. Address of Land Owner: ""9,0, ea9x clto GaM tk0-c. l 67 3 5. Description of Proposed Project: T locd`n 'R.e^c, 4 Y'.CA< t .zi..... 6. Location of Property: (road and Tax map number) l Oc-p 3 S_ 2 co 7. Is the parcel within 500 feet of a farm operation? {%' es { }No 8. Is this parcel actively farmed? {"Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1.1t)°0— P-- 1— t • t 3 6-ef-beTkel stn e(2-Po' 4 o c,..41 /RO. Gdx lo' Fees'- 2. 3. tr't ttg39 4. 5. 6. (Please use the back of this page if there are additional property owners) TX A'OP " 71, Signa re 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 Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete'all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part1 -Project and Sponsor Information Name of Action or Project: ,*/,‘,Ky Project Location(describe,and attach a location map): RECEIVED Brief Description of Proposed Action: APR 1 4 206 ZONING BOARD OF APPEALS Name of Applicantror Sponsor: Telephone: 235. 3 9 5 �1 ' ora Cotna.14 E-Mail: O m• cz 9�w�A i)•coon Address: v City/PO: State: Zip Code: Eaeal- INN ouirrer n t41 t U 9 39 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? S If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: a‘ra L` i ? ZA, ✓ 3.a.Total acreage of the site of the proposed action? . 1 acres b.Total acreage to be physically disturbed? 2,0,0 s 1 aeras c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? O acres 4. Check all land uses that occur on,adjoining and near the proposed action. _ o Urban El Rural(non-agriculture) ❑Industrial ❑Commercial /Residential(suburban) ❑Forest 0 Agriculture ❑Aquatic 0 Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ✓ 8. a.Will the proposed action result in a substantial increase in traffic above present levels?, - NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ✓ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ' 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: VLo ws-m•ee , SGvst A f l'M c .1t Ptl . 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ee-to)rc2, S)'C/W% 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? ✓ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ❑ Wetland 0 Urban luburban 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? H NO 0 YES b.Will storm water discharges be directed to established conveyance systems(runq#'f and storm drains)? If Yes,briefly describe: NO 0 YES • 64 Page2of4 a. APR 1 4 2016 ZONING BOARD OF APPEALS 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE COApplicant/sponsor name: c��'Ot 0 W G1/41A-1— Date: 1A. Signature: It.\\ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the propard ii?" :rb/d/.? APR .. 016 " `>;;; No,or Moderate • xl ' ,_ small to large - - ._ ^-` ` _ .___. . , ,`, `, impact impact r ' ZONING BOARD:OF-:APPEAL'S`;•= ., r": may''y ta'.- • - J•1., .,: occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✓ 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? _ b.public/private wastewater treatment utilities? ✓ 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate : small to large impact impact • :,;, ._, may may ' occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. Me9O1 RECEIVED APR 4 2016 ZONING BOARD OF APPEALS. 0 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. 0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 1 /� YOUR NAME : `x�1 A- N 4 o � A (Last name,first name,middle initial,Jnless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat - Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or RECEIVED D)the actual applicant APR 1 4 2016 DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this l4' day of Aci >n1 ,20 1 (,v Signature 1\Nox-r". Print Name 09.4- C-6 N j Town of Southold N A 6 / LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1., All applicants for permits* including Town of Southold agencies, shall complete this CCAF for' proposed actions that are 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. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION APR 1 4 2016 SCTM# 32) - 2 4, ZONING BOARD OF APPEALS The Application hJas been submitted to(check appropriate response): J Town Board ' I Planning Dept. ' 1 Building Dept. vl Board of Trustees ' I 1. Category of Town of Southold agency action (check appropriate response): J (a) Action undertaken directly by Town agency (e.g. capital 1 construction,planning activity,agency regulation, land transaction) r— (b) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: N/ Nature and extent of action: '�C Location of action: %') ?'11at 7" .E.5$1-1- Y\r/5)n,,o,� Site acreage: , 3 i Present land use: S k.J-e ek 7-0•NNA rVix Present zoning classification: '(2.—VP 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: �O ( C.QP(t t/v`1' (b) Mailing address: ?. 0• k i aC g5 ati- IvNaNv.eNt, VI t(6)S (c) Telephone number:Area Coded 2% -&79-cS S (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes,which state or federal agency? Pr 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. A 1 Yes No (Not Applicable- please explain) ) RECEIVED NPR 14, LU Ib ZONING BOARD OF APPEALS 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 J Yes Id No (Not Applicable-please explain) FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector APR 1 4 2016 Town Hall Southold, N.Y. ZONING BOARD OFAPPEALS CERTIFICATE OF OCCUPANCY No: Z-28613 Date: 07/24/02 THIS CERTIFIES that the building NEW DWELLING Location of Property: 320 PRIVATE RD #7 EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 38 Block 1 - Lot 26 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 29, 2001 pursuant to which Building Permit No. 27485-Z dated JULY 18, 2001 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 A SINGLE FAMILY DWELLING WITH FRONT PORCH. The certificate is issued to COLIN CROWLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-01-0001 07/17/02 ELECTRICAL CERTIFICATE NO. 134519-01 06/24/02 PLUMBERS CERTIFICATION DATED 06/17/02 ROBERT VANETTEN 7141e Au rized S nature Rev. 1/81 FORM NO. 4 , / 119? -7 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector APR 2016 Town Hall Southold, N.Y. .ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-31097 Date: 08/10/05 THIS CERTIFIES that the building ACCESSORY GARAGE Location of Property: 320 PRIVATE RD #7 EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 38 Block 1 Lot 26 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 29, 2004 pursuant to which Building Permit No. 30741-Z dated NOVEMBER 1, 2004 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 ACCESSORY GARAGE IN THE REQUIRED REAR YARD AS APPLIED FOR. The certificate is issued to COLIN CROWLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A /.1,5e thor zed S' nature Rev. 1/81 in al ii. IN •i„... . , . _ . . c 111 t - I 11 Mil 4 0 Iii 4 4 . . .4 4 4 - '. • :-.. '''' ',„i„,e44Mat7;At:tei.- Slerii0411 a*- *041: ' ''*". '' .-.--,:•:: ..' - - .... — " - - - ' - - - . ....____ • _.... . -............. - -, ... .. a a • , . - •L • a . . . .. ... a • .• ., Ia. • 0 - N°12:r ii. \I t RECEIVED V" '......SLci...,---67 ZONING BC --.1 * -....„ ---1 , I Ut, . . ----- i ,- SW ...---- .., ' Apo. ..-- . .„,.. I, k . r .. -EfIss-r v‘sw • ' P Mirkill „.„dr". •"' +\ •i , • �,' /9 SoL111-1" v I 5114 APR 1 4 214q59 ZONING BOARD OF APPEALS f ' 1 - 1111 � _ A. ,. •�R ♦ .` .4r J� ► tel. � � e ' T.;. . ,�� •• 'sem• * , . it fir[._ � , t 1 ( � iF 7 •♦ r1• �. . y t �, i1 .,,:«: - +fir.di * . i W cST' \I\5-141 c_\,>10 t C e_/\-7-C--- a'---- 1---2..6, 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD :`/ OWNER — STREET .,a_() VILLAGE DIST SUB LOT r (0a'y_ 7.L . 'P(' VOL+'CRC(_._ *7 1:::-- CES± Manôii - J A . REM 30 3 fiz7RKS or L izi ,op5D--C 10fke Fst+6 GrovuIey 3s6,a TYPE OF BLD. / ' Cô 1ii rcw lei -7f r r a e — be --z7�Q - -e c.) b �� i t ( rt 0 f l NJ ! PROP. CLASS D �- -- C (orke...- ,34-- Ea 011164 BP-* 30741 Firvi-acce., • _� LAND IMP TOTAL DATE -14)/5--L 1z825e 111 -C,rooilP.�f �o(3 /` ova , o3g,s ©06 � I o G 0 _ i o o 0 / 111 .27161 /i Ji f/ -'_ iiO -,'Idd,<, / r'_, LO o c� Z S?r:7- - 3 5o I 2-I ' 12-m? - -- 42— t r Z �4e? l t C, moo 83©-_ J .2(A'l2005 (c, ..-C CV r2, 1r/// 3P-4// 7:5C /OP—6) 4 •Lwin ._,.._.,,,., 4)io-c) / '44/.--)/6,:: ,,12-L/111, -5c-- -1-.5/4-) - 9z7i0a 4059.OD / 3 1 (20'` 2.UN1�1G?slAR �0��k`' \063c.-) 4r i �Of A FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL ...--.....-.-,, ...-----"' ;.-` -7, ',. . . 4 .;t ,,, •,, „,-;,::,,","'..•,::,, .'",-,", ,,,--' -,. "-„:: - ...-:,, j`, --.1,.[,:i;; ' ',,--- -4".•il: , . ' ''' ''..' ,j•'-'"''. '' '- -, '" " - .-e' f'"' -,- ,.., -, ,- ,,,L, `„.. ,'•.',."- - , .1 - : •- '" ' ,,,7,_ .• Nryti. 4,.. i •,..,.•-„; ,.. -, — , , , , ,, ,,, ,, .. -..\ • 2„....,..,,,,..,,--.."7-2„'',,fs,t..:4-.En--:;,•--Pal'•-' .__ . A Ir. , - ',- ,-.-.,- ---------,... ---,tv.. .• ----4-1,1,--4,--,--- --Iv/..===, --,--,-.p..c-,--,z2:-.-• ., • ., 2, ....,,,.. ,......-- ••• -,..,:.:-,,-;-.-,-... •,_,, 6 i ., • ,. ,.,,,•......„_,..-.:„:„.....v.1.„..,/,„,..1.,.. ,,,,L.,..i...1,-i.„.....4:,.., .„...,..,•41.,••.,..147_, „•=,....„..,„„...,,,,,„.....„..:„...:, • . . „_,..„..•,... ...,-.----1,-• :•..‘...t.....,••••••••_, ,-....•_.v.....;„..... ........ ..........:::::,,z...„-...„,„.......-• ,, / - . •••,:. -.._.... ... i•,.... , ..„......:73,.,,,r,.,- - • ,...,..„;,,..,..„.;,','"*. ; -•:'"-'''''''''''7\ ' . .. „,;-- :1 ..4) .*:".° . - :,.,”;..i. p .,,,,,--'.• --2,, •••,,,--- -, -- t.„\ --,--;ii 4:.rl .. ., ,;-.7.---- ,....,......w., (at,et ";1-3. ..„....--.:.,tv- :=.:---11. f77-7r.- ..,.-....,-..,,,-, p.-- 24, I .6.1.-..- ,......-.----. 441-4,-.,---- -..• .,-----,„ ;-- N - . vi: i..:14,171'''',.'1 lif ,-t'lt•ttle' , 4.1`li...•- :,i,&;'.-'4.:-.;--.' ;" -,....k> r , D''' • 44 ,t,t. Fr' •,-- ,,,p •••=.• - -WI- ;••• -,- ....z. , .. . ... -, ry"4-,-,•„,,-; ',-.1.447:•:,, .tv-•:•:-•-v,i,.. ".z...et.—e,,,q---:: -Flt--..•-t.":4 t--1 i - v•-_,..,77._,..1,,V.,%,krti a ii.,..,,,,„-.4-,,,,...__ .. --,..:.,„._ ____ ....-,...z,-ti,t:2..,-,•.-- ,....i.z.,•:,1-_,„ ,...-:,A- e.s'si•----"-='-",.is.4 frr:.mial ..Ari„*.:,.7-,ti-::::1111._:.A....-,,,s.1-4..,s7.-7...i.,,,,t,.. -.---:-...--.,;E.,..„-sz.......i= . -- rl-------,•-.......-.0., ., .r.--,,--:..to-••,..••.....-,--.-.., :',..-....,...,-;a4.-: .0• . . n t.,,•,31kA*34.k.e. V ....,......,....,.... 4,14,rcAteP 0 , egic:C 1 -.4., 'n44re.:',..kf-X4:',).,--lo.:%"":4-7".4,••r"--".'''''',.--, , . ..'.7g ' ,r,'". 'J01.rp#4.. •k:1,-,:..1.K•Iii .1:.''..0 4.4,•••: :- i''''' ,' ':73.1 ..tf, 1-". - - - - i ,, -.1,..„...i.4-c.,..,.--`,:t.,,,z/ .44.--"••••,'."..,... - -•.itis' .. -t-iNiit':,, ::,,-,r -I'V.:- .`"*".i4j1:-1437.AVid047„,41'13-' AsAh.,,L4ana:;.'e.,e41 ...q.E7'.4-Ultr--4r-Vq - .leit'lt-e...- - •••• '-'7,i-,-,...'1'4, 't.,r,,,,,t...-",.-=`-'. ,,,-474-*: -.4.'4,4'e".-615.4...0:44",04,“4-'3:4+%4.1."--. -411/4-*,s„ .,, ier.lt:::"': , I-0, . P',','%,,,,-;i:-<_;.,41:-. „..„:,,,-astit •_- 4,,,-;:tg;,'P.:t4,:.:,,,--.,..* 4„1:7,-.',•-,-or,,,,,,,s,,,,,.? - - ,.. . . - , cs, G -7 -I (8 2,•.v;*.l.,. ,:V461*,11?"'-'15:c.. ‘4,4. 15.;:, • •.A.A,ify,..,,•.,- -, , .:.....• , :•••• 1 ce.P ••2- ...-_, ..,..',1,7.-.,:... • •fr,,,,c':, ...v,I.• •. ,• __.• ''" .' • — - ' ' , 38-1-26 8/02 ' o 0 t 0 , _ ,I, - - I t c--'• 12.,-4) . _ (Qc Bath Dinette / I Foundation 1 T----, M Bldg. Kit. C AWL Floors i _oc, Basement SLAB Extension is x (0 4 , 17 q 2- , e;q(P‘O L R. V. i Extension ( k:tli Interior Finish D.R. 17-1— Ext Walls V Heat Fire Place N-eG ' ' BR. 3 1 4 et," tension Woodstove Lc, -)._ (\-c_ VrICI". , 'eD- Fin. B. 1 Patio A ci.s.....0...cs,,z „s te...,„1/47 Dormer 4 46 ley. 4-n.....41 . — &.-k-V - .1) 1-----; Porch --- 910 '0 .1 Attic - G... zr' 204L-- Deck Veu.-. 75 ' t \ Rooms 2nd Floor Rooms 1st Floor ' / t.=- „ , . I --- -,r'•;is!, ....).,,• ‘-'2.-, ---.4..A. — L34 4- tkAQ412,c,re,0„,_ 1 I Breezeway .-- — i v -7Q 2) Driieway t 1 2.0eo. ) i Garage . -,n! . _ i''' ____e - 1 I 73 ,..,.0_ \-N.,-,.._01e,-,t, 0 B.. 4. to P-.41- : 6.Ct't.4e,kAi 1-1'40/3 0 Qs,o CA, cycrQQ"-e-120 Pool I A-4 LH- 3/1 izok f , le.-ict44( -....., - ,... ,"e,$FOUr ELIZABETH A.NEVILLE,MMC 4,00® 4 Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 3 a ; Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ft* _ .����� Fax(631)765-6145 MARRIAGE OFFICER = if 4::). Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER :_ 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 18, 2016 RE: Zoning Appeal No. 6959 Transmitted herewith is Zoning Appeals No. 6959 for Shipway LLC (Nora Conant)-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 Nora Conant, LWRP Consistency Assessment Form,Notice of Disapproval to Shipway LLC for Conant Dated 3/31/16, Certificate of Occupancy No. Z-28613 Dated 07/24/02, Certificate of Occupancy No. 2 • - 31097 Dated 08/10/05,2 Pages of Photos, Property Record Card, Survey, General Notes, Construction Details, Floor Plan and Foundation Plans. * * * RECEIPT * * * Date: 04/18/16 Receipt#: 202986 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6959 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1034 $500.00 Conant, Nora(Shipway LLC) Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Conant, Nora(Shipway LLC) 320 Private Rd#7 Po Box 136 East Marion, NY 11939 Clerk ID: SABRINA Internal ID:6959 'y v� SI\iPtAit- V--Cr 0 �` Nora Conant P.O. Box 136 0 East Marion, NY 11939 (631) 235.3795 nora.conant@gmail.com Friday, May 16, 2016 Greetings Neighbors, I am writing to you today at the request of the Zoning Board of Appeals in order to inform you of the application I have made for a rear yard setback variance at my home, #320 Private Road #7 in East Marion. The existing 20'x 26' rear deck did not conform to code and had no certificate of occupancy so I had it removed. I would like to replace it with a much smaller rear deck 10'x 26' but need a variance to get a permit from the building department in order to build it. Enclosed please find a copy of the survey showing the proposed deck as well as a notice from the ZBA about the hearing scheduled for June 2, 2016 at 10:45am in Town Hall. Should you have any questions, or simply want to discuss this with me, please feel free to contact me via my cell phone number or email address above. Thank you for your time and best wishes, /do ( , tJ114.1e- '° 4-° k Nora Conant � G4,0 g,4-7 s© „9, `� 1 "kA) s) `r" )/2 51" e--)( r eviy ci„/„, /'e. .6 9.1(1 owte e, R v e_- d7 J Entity Information - - Page 1 of 2 . 4e, lA<9 NYS Department of State Division of Corporations Entity Information The information contained in this database is current through May 12, 2016. Selected Entity Name: SHIPWAY, LLC Selected Entity Status Information Current Entity Name: SHIPWAY, LLC DOS ID #: 4758045 Initial DOS Filing Date: MAY 13, 2015 County: SUFFOLK Jurisdiction: NEW YORK Entity Type: DOMESTIC LIMITED LIABILITY COMPANY Current Entity Status: ACTIVE Selected Entity Address Information DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) C/O ELAINE SEXTON 2 HORATIO STREET NEW YORK,NEW YORK, 10014 Registered Agent NONE This office does not require or maintain information regarding the names and addresses of members or managers of nonprofessional limited liability companies. Professional limited liability companies must include the name(s) and address(es) of the original members, however this information is not recorded and only available by viewing the certificate. *Stock Information https://appext20.dos.ny.gov/corp_public/CORPSEARCH.ENTITY INFORMATION?p_n... 5/13/2016 Entity Information Page 2 of 2 # of Shares Type of Stock $ Value per Share No Information Available / sA *Stock information is applicable to domestic business corporations. Name History Filing Date Name Type Entity Name MAY 13, 2015 Actual SHIPWAY, LLC A Fictitious name must be used when the Actual name of a foreign entity is unavailable for use in New York State. The entity must use the fictitious name when conducting its activities or business in New York State. NOTE: New York State does not issue organizational identification numbers. Search Results New Search Services/Programs I Privacy Policy I Accessibility Policy I Disclaimer I Return to DOS Homepage I Contact Us https://appext20.dos.ny.gov/corp public/CORPSEARCH.ENTITYINFORMATION?p_n... 5/13/2016 4t2i 0 \c\!z Q (4\i� RECEIVED 6/36 MAY . ( 2O6 OPERATING AGREEMENT ZONING BOARD OF APPEALS OF SHIPWAY , LLC NEW YORK STATE LIMITED LIABILITY COMPANY This Operating Agreement ("Agreement") of SHIPWAY LLC (the "Company"), effective, as of this24th day of June, ?015 , by, between and among the undersigned confirms our understanding as to the matters contained herein. The parties hereto agree as follows: ARTICLE I Definitions SECTION 1.1 As used herein, the following terms and phrases shall have the meanings indicated: A. "Act" shall mean the New York Limited Liability Company Law, as amended. B. "Capital Account" shall mean, with respect to each Member, the account established for each Member pursuant to Section 6.5, which will initially equal the Capital Contributions of such Member and will be (a) increased by the amount of Net Profits allocated to such Member and (b) reduced by the amount of Net Losses allocated to such Member and the amount of Cash Flow distributed to such Member. Members' Capital Accounts shall be determined and maintained in accordance with the rules of paragraph (b)(2)(iv) of Regulation Section 1.704-1 of the Code. C. "Capital Contributions" shall mean the fair market value of the amounts contributed by the Members pursuant to Section 6.1. D. "Cash Flow" shall have the meaning provided in Section 7.1. E. "Code" shall mean the Internal Revenue Code of 1986, as amended, or corresponding provisions of subsequent revenue laws. F. "Managers" shall mean the Member or Members selected by the Members in accordance with this Agreement to serve as Manager or Managers of the Company. G. "Members" shall mean the persons designated as such in Schedule A of this Agreement, any successor(s) to their interests as such in the Company; and any other person who pursuant to this Agreement shall become a Member, and any reference to a"Member" shall be to any one of the then Members. 7 , , _ , , _., ,, 4151 H. "Net Profits" and "Net Losses" shall mean the net profit or net loss, respectively, of the Company determined in accordance with Section 8.1. I. The words "Membership Interest" shall mean a Member's interest in the Company which shall be in the proportion that the Member's share of the current profits of the Company bears to the aggregate shares of all the Members. A Membership Interest may be evidenced by a certificate issued by the Company. A Membership Interest may be expressed on a certificate as "Units" where a Member's Unit shall be in the proportion that the Member's Interest bears to the aggregate Membership Interests of all Members. J. "Company" shall mean this limited liability company, to wit: SH I PWAY, LLC . K. "Person" shall mean any natural person, corporation, partnership, joint venture, association, limited liability company or other business or legal entity. ARTICLE II Organization of the Company SECTION 2.1 The purpose of the Company is to conduct any lawful business for which limited liability companies may be organized arid to do all things necessary or useful in connection with the foregoing. SECTION 2.2 The Company name shall be " SHIPWAY, LLC". SECTION 2.3 The Members shall be Members in the Company and shall continue to do business under the name of the Company until the Managers shall change the name or the Company shall terminate. SECTION 2.4 The principal address of the Company shall be such place or places as the Managers may determine. The Managers will give notice to the Members promptly after any change in the location of the principal office of the Company. SECTION 2.5 The Company shall terminate on the date provided in the Articles of Organization except that the Company may terminate prior to such date as provided in this Agreement. 8 -WO — ARTICLE III Status of Members SECTION 3.1 No Member will be bound by, or be personally liable for the expenses, liabilities or obligations of the Company. SECTION 3.2 No Member will be entitled to withdraw any part of his Capital Account or to receive any distributions from the Company except as expressly provided in this Agreement. SECTION 3.3 No Member will have the right to require partition of the Company property or to compel any sale or appraisal of the Company's assets or any sale of a deceased Member's interest in the Company's assets, notwithstanding any provisions of law to the contrary. ARTICLE IV Meeting of Members SECTION 4.1 An annual meeting of Members shall be held within five (5) months after the close of the fiscal year of the Company on such date and at the time and place (either within or without the state of its organization, or by conference call if so determined by the Members) as shall be fixed by the members. At the annual meeting, the members shall elect the Manager(s) in accordance with this Agreement, and transact such other business as may properly be brought before the meeting. SECTION 4.2 A special meeting of Members may be called at any time by the Managers and shall be called by the Managers at the request in writing of that Membership Interest specified in Schedule B of the Members entitled to vote at such meeting. Any such request shall state the purpose or purposes of the proposed meeting. Business transacted at any special meeting of Members shall be confined to the purposes set forth in the notice thereof. SECTION 4.3 Written notice of the time, place and purpose of every meeting of Members (and, if other than an annual meeting, the person or persons at whose direction the meeting is being called), shall be given by the Managers to each Member of record entitled to vote at such meeting, not less than ten nor more than sixty days prior to the date set for the meeting. Notice shall be given either personally or by mailing said notice by first class mail to each Member at his address appearing on the record book of the Company or at such other address supplied by him in writing to the Managers of the Company for the purpose of receiving notice. A written waiver of notice setting forth the purposes of the meeting for which notice is waived, signed by the person or persons entitled to such notice, whether before or after the time of the meeting stated therein, shall be deemed equivalent to the giving of such notice. The attendance by a Member at a meeting either in person or by proxy without protesting the lack of notice thereof shall constitute a waiver of notice of such Member. 9 X69 61 - All notices given with respect to an original meeting shall extend to any and all adjournments thereof and such business as might have been transacted at the original meeting may be transacted at any adjournment thereof; no notice of any adjourned meeting need be given if an announcement of the time and place of the adjourned meeting is made at the original meeting. SECTION 4.4 The holders of a majority in interest of the Members present in person or represented by proxy, shall be requisite and shall constitute a quorum at all meetings of members except as otherwise provided by statute or the Articles of Organization. If, however, a quorum shall not be present or represented at any meeting of Members, the Members entitled to vote thereat, present in person or represented by proxy, shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. At such adjourned meeting at which a quorum shall be present or represented, any business may be transacted which might have been transacted at the meeting as originally notified. When a quorum is once present to organize a meeting, such quorum is not deemed broken by the subsequent withdrawal of any Members. SECTION 4.5 Every Member entitled to vote at any meeting shall be entitled to vote in accordance with his membership interest in the Company held by him of record on the date fixed as the record date for said meeting and may so vote in person or by proxy. Any Company action shall be authorized by a majority in interest of the votes cast by the Members entitled to vote thereon except as may otherwise be provided by statute, the Articles of Organization or this Operating Agreement. SECTION 4.6 Every proxy must be signed by the Member entitled to vote or by his duly authorized attorney-in-fact and shall be valid only if filed with the Managers of the Company prior to the commencement of voting on the matter in regard to which said proxy is to be voted. No proxy shall be valid after the expiration of eleven months from the date of its execution unless otherwise expressly provided in the proxy. Every proxy shall be revocable at the pleasure of the person executing it except as otherwise provided by statute. Unless the proxy by its terms provides for a specific revocation date and except as otherwise provided by statute, revocation of a proxy shall not be effective unless and until such revocation is executed in writing by the Member who executed such proxy and the revocation is filed with the Managers of the Company prior to the voting of the proxy. In the event of incompetence or death, the authority of the holder of a proxy shall not be revoked by such incompetence or death of the Member who executed the proxy unless, before the authority is exercised, written notice of an adjudication of such incompetence or of such death is received by any Manager. SECTION 4.7 All meetings of Members shall be presided over by the Managers, or if not present, by a Member thereby chosen by the Members at the meeting. The Managers or the person presiding at the meeting shall appoint any person present to act as secretary of the meeting. SECTION 4.8 For the purpose of determining the Members entitled to notice of, or to vote at any meeting of Members or any adjournment thereof or to express consent or dissent from any proposal without a meeting, or for the purpose of determining the Members entitled to receive 10 i(0966‘ payment of any distribution of Cash Flow or the allotment of any rights, or for the purpose of any other action, the Members may fix, in advance, a date as the record date for any such determination of Members. Such date shall not be more than fifty nor less than ten days before the date of any meeting nor more than fifty days prior to any action taken without a meeting, the payment of any distribution of Cash Flow or the allotment of any rights, or any other action. When a determination of Members of record entitled to notice of, or to vote at, any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof, unless the Members fix a new record date under this Section for the ; adjourned date. SECTION 4.9 The Company shall be entitled to treat the holder of record of any Membership Interest as the holder in fact thereof and, accordingly, shall not be bound to recognize any equitable or other claim to or interest in such Membership Interest on the part of any other person whether or not it shall have express or other notice thereof, except as otherwise provided by the Act. ARTICLE V Management SECTION 5.1 Management of the Company shall be vested in the Managers, who shall be the Members of the Company. The Managers shall vote in proportion to their Membership Interests in the Company. Except as otherwise provided in this Agreement, all decisions of the Managers shall be by a majority in interest of the Members. No Member will take part in or interfere in any manner with the conduct or control of the business of the Company or have any right or authority to act for or bind the Company except as provided in this Agreement. SECTION 5.2 The Managers shall hold office for the term for which elected and until a successor has been elected and qualified. A vacancy in the office of Manager arising from any cause may be filled for the unexpired portion of the term by a vote of the Members. SECTION 5.3 Any Manager may resign at any time by giving written notice to the Members. Any such resignation shall take effect at the time specified therein or, if the time is not specified therein, upon the receipt thereof, irrespective of whether any such resignations shall have been , accepted. SECTION 5.4 The Company shall be managed by the Managers and the conduct of the Company's business shall be controlled and conducted solely and exclusively by the Managers in accordance with this Agreement. In addition to and not in limitation of any right and powers conferred by law or other provisions of this Agreement, the Managers shall have and may exercise on behalf of the Company all powers and rights necessary, proper, convenient or advisable to effectuate and carry out the purposes, business and objectives of the Company, and to maximize Company profits. Such powers shall include, without limitation, the following: A. To open accounts and deposit and maintain funds in the name of the Company in banks or savings and loan associations; 11 407,tek B. To determine the appropriate accounting method or methods to be used by the Company; C. To commence lawsuits and other proceedings; D. To retain accountants, attorneys or other agents to act on behalf of the Company; E. To execute, acknowledge and deliver any and all instruments to effectuate the foregoing, and to take all such action in connection therewith as the Managers deem necessary or appropriate. SECTION 5.5 Notwithstanding the foregoing, the Managers may not make any of the following management decisions without obtaining the consent of at least a majority interest of the Members: A. To admit a person as a Member (which shall require unanimous consent in accordance with Section 9.1). B. To acquire, sell, assign, or otherwise transfer any interest in any property; C. To create any indebtedness for borrowed money whether or not secured; D. To make, execute or deliver on behalf of the Company any assignment for the benefit of creditors or any guarantee, indemnity bond, or surety bond; E. To obligate the Company or any Member as a surety, guarantor or accommodation party to any obligation; F. To confess any judgment on behalf of the Company; G. To do any act which makes it impossible to carry on the ordinary business of the Company; H. To make any decision regarding any employee; I. To obligate the Company in any manner for a liability in excess of$10,000; J. To approve the dissolution of Company; K. To approve the merger of the Company with another limited liability company or any other business entity; L. To adopt, amend, restate or revoke the Articles of Organization, subject to this Agreement and the Act. 12 (C)961 SECTION 5.6 The Manager shall serve as Tax Matters Member as such term is defined in Code Section 6231(a)(7). SECTION 5.7 Any person made or threatened to be made a party to an action or proceeding, whether civil or criminal, by reason of the fact that he, his testator or intestate, then, is, or was a Manager, Member, employee or agent of the Company, or then serves or has served on behalf of the Company in any capacity at the request of the Company, shall be indemnified by the Company against reasonable expenses, judgments, fines and amounts actually and necessarily incurred in connection with the defense of such action or proceeding or in connection with an appeal therein, to the fullest extent permissible by the Act. Such right of indemnification shall not be deemed exclusive of any other rights to which such person may be entitled. ARTICLE VI Capital SECTION 6.1 The Members have contributed to the Company in exchange for their Membership Interests, the cash and other property as set forth on Schedule A, annexed hereto. SECTION 6.2 The fair market value and the adjusted basis of the contributing Member of any property other than cash contributed to the Company by a Member shall be set forth on Schedule A,,annexed hereto. SECTION 6.3 Except as expressly provided in this Agreement, no Member shall be required to make any additional contributions to the capital of the Company. SECTION 6.4 No interest shall be paid on the Capital Account of any Member. SECTION 6.5 A Capital Account shall be established for each Member on the books and records of the Company. If any assets of the Company are distributed to the Members in kind, the Capital Accounts of the Members shall be adjusted to reflect the difference between the fair market value of such assets on the date of distribution and the basis of the Company in such assets. ARTICLE VII Distributions of Cash SECTION 7.1The Company shall distribute to the Members from time to time all cash (regardless of the source thereof) of the Company which is not required for the operation or the reasonable working capital requirements of the Company (such cash is sometimes referred to herein as "Cash Flow"). For purposes of this Agreement all Cash Flow allocated to the Members shall be allocated among them in proportion to their respective Membership Interests. 13 *(0969 SECTION 7.2 Distributions of Cash Flow shall be made from time to time in such manner as determined by the Managers. ARTICLE VIII Profits and Losses SECTION 8.1 The Net Profits and Net Losses of the Company shall be the net profits and net losses of the Company as determined for Federal income tax purposes. SECTION 8.2 The Net Profits and Net Losses of the Company and each item of income, gain, loss, deduction or credit entering into the computation thereof, shall be allocated to the Members in the same proportions that they share in distributions of Cash Flow pursuant to Section 7.1, or if there is no Cash Flow, that they would have shared if there had been Cash Flow. SECTION 8.3 References herein to "Reg. Sec.", are to the regulations promulgated by the - United States Treasury to the Code. The terms "minimum gain", "minimum gain chargeback", "qualified income offset", "nonrecourse deduction" and "nonrecourse liability" are to be interpreted consistent with the definitions and use of such terms in Reg. Sec. 1.704-2 and Reg. Sec. 1.704-1. The following special allocations shall be made in the following order: A. Except as otherwise set forth in Reg. Sec. 1.704-2(f), if there is a net decrease in minimum gain, during the fiscal year of the Company, each Member, shall be specially allocated items of gross income and gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to that Member's share of the net decrease of minimum gain determined in accordance with Reg. Sec. 1.704-2(g). Allocations in accordance with this Section shall be made first from the disposition of Company assets subject to nonrecourse liabilities, to the extent of the minimum gain attributable to those assets, and thereafter, from a pro-rata portion of the Company's other items of income and gain for the taxable year. This Section is intended to comply with the minimum gain chargeback requirement of Reg. Sec. 1.704-2(f). B. Except as otherwise set forth in Reg. Sec. 1.704-2(i)(4), if there is a net decrease in a Member's nonrecourse liability minimum gain attributable to Members' nom-ecourse liabilities during any fiscal year, each Member who has a share of the Member nonrecourse liability minimum gain attributable to Member nonrecourse liability shall be specially allocated items of gross income and gain for such fiscal year (and, if necessary, subsequent fiscal years) in an amount equal to that Member's share of the net decrease in Members' nonrecourse debt minimum gain attributable to such Member nonrecourse debt. Allocations pursuant to this Section shall be made first from gain recognized from the disposition of Company assets subject to Member nonrecourse liabilities to the extent of Member minimum gain attributable to those assets, and thereafter, from a pro-rata portion of the Company's other items of income and gain for the fiscal year. This section 14 4r/V't is intended to comply with the minimum gain chargeback requirements of Reg. Sec. 1.704-2(i). C. A Member who unexpectedly receives an adjustment, allocation or distribution described in (4), (5) or (6) of Reg. Sec. 1.704-1(b)(2)(ii)(d) will be allocated items of income and gain in an amount and manner sufficient to eliminate such deficit balance as quickly as possible. An allocation shall be made pursuant to this Section and if and to the extent a Member would have a deficit in his adjusted Capital Account after all other allocations provided for in this Section 8.3 were made as if this paragraph were not in the Agreement. D. Nonrecourse deductions shall be allocated among the Members in the same proportion in which they share the Cash Flow of the Company. E. Any nonrecourse deduction shall be allocated to any Member who bears the economic risk of loss with respect to the Member nonrecourse liability to which such deduction is attributable. SECTION 8.4 Any Company gain or loss realized with respect to property, other than money, contributed to the Company by a Member shall be'shared among the Members pursuant to Code section 704(c) and regulations to be promulgated thereunder so as to take account of the difference between the Company basis and the fair market value of the property at the time of the contribution ("built-in gain or loss"). Such built-in gain or loss shall be allocated to the contributing Member upon the disposition of the property. ARTICLE IX Admission and Withdrawal of a Member SECTION 9.1 A Member may transfer his interest in the Company to another person or entity only with the prior unanimous consent of the other Members either in writing or at a meeting called for such purpose. If all of the other Members do not approve of the transfer, the transferee shall have no right to participate in the management. of the business and affairs of the Company or to become a Member. The transferee shall be entitled to receive the share of profits, losses and Cash Flow or other compensation by way of income and the return of contributions to which the transferor otherwise would be entitled. See attached page for additional provisions. SECTION 9.2 The Members agree to sign such additional documents as may be required in order to admit additional Members to the Company, pursuant to section 9.1 as well as, among other things, to provide for the division of profits, losses and Cash Flow among the Members. SECTION 9.3 All costs and expenses incurred by the Company in connection with the assignment of a Member's interest, including any filing fees and publishing costs and the fees and disbursements of counsel, shall be paid by the assigning Member. 15 Air (991 In the event that one of the members of this LLC (Shipway, LLC) wishes to dispose of her membership interest, she must first offer said interest to the other member. The purchase price for said membership interest shall be determined, as follows: 1) if both members agree to a specified qualified real estate appraiser, the value established by said appraisal shall establish the fair market value of the LLC; 2) in the event that both members cannot agree on a specified qualified real estate appraiser, each member shall choose an appraiser of her choice. In the event that the appraisals of said two appraisers are within ten(10%)percent of each other, the fair market value of the LLC shall be the average of these two appraisals; and 3) in the event that the two appraisals provided for in subsection (2) above differ by more than ten(10%) percent,the said two appraisers shall appoint a third appraisers to establish the fair market value of the LLC. The withdrawing member shall be paid one-half of the value of the LLC as established above as and for her interest in the LLC. The members agree that the only asset of the LLC is a single-family residence commonly known as 320 Private Road#7, East Marion,NY 11939, which bears SCTM #1000-038.00-01.00-026.000) and that neither member can transfer her interest in the LLC without first offering same to the other member of the LLC. . 4(aq 0 SECTION 9.4 Each person who becomes a Member in the Company, by becoming a Member, shall and does hereby ratify and agree to be bound by the terms and conditions of this Agreement. ARTICLE X Termination or Dissolution of Company SECTION 10.1 The Company shall be terminated prior to the date of expiration of the term as provided in Section 2.5 if(a) by the affirmative vote or written consent, a majority in interest of the Members consent that the Company should be terminated and dissolved, or (b) the Company is dissolved pursuant to this Agreement. SECTION 10.2 The Company shall be terminated in the event any Member (i) withdraws, resigns or is expelled from the Company; (ii) makes an assignment for the benefit of creditors, is the subject of an order for relief under Title 11 of the United States Code, files a petition or answer seeking for himself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law or regulation, files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against him in any proceeding of this nature, seeks, consents to, or acquiesces in the appointment of a trustee, receiver or liquidator for of all or any substantial part of his properties; (iii) dies; or (iv) a • judgment is entered by a court of competent jurisdiction adjudicating him incompetent to manage his person or his property. SECTION 10.3 If the Company is dissolved, the owners of a majority in interest of the remaining Members may elect to reconstitute and continue the Company as a Successor Company upon the same conditions as are set forth in this Agreement. Any such election to continue the Company will not result in the creation of a new Company among the remaining Members, nor will such election require the amendment of this Agreement or the execution of an amended Agreement. SECTION 10.4 Upon the termination and dissolution of the Company, the then Manager or Managers, if any, or, if there is no Manager, any person elected to perform such liquidation by the written consent of the owners of a majority in interest of the Members, shall proceed to the liquidation of the Company. The proceeds of such liquidation shall be applied and distributed as follows: A. If any assets of the Company are to be distributed in kind, such assets shall be distributed on the basis of the fair market value thereof, and any Member entitled to any interest in such assets shall receive such interest therein as a tenant-in- common with all other Members so entitled. The fair market value of such assets shall be determined by an independent appraiser to be selected by the Company's independent public accountants. The amount by which the fair market value of any property to be distributed in kind to the Members exceeds or is less than the basis of such property, shall, to the extent not otherwise recognized by the Company, be taken into account in computing Net Profits or Net Losses (and shall 16 . . 69' (06/1 -- be allocated among the Members in accordance with Section 8.2) for purposes of crediting or charging the Capital Accounts of and liquidating distributions to, the Members under Section 10.4.B. B. All distributions upon liquidation of the Company shall be distributed as follows: to each of the members, in proportion to the amounts of their respective positive Capital Accounts, as such accounts have been adjusted (i) in accordance with Section 6.5 to reflect the Net Profit or Net Loss realized or incurred upon the sale of the Company's property or assets and any deemed sale pursuant to Section 10.4.A; (ii) in accordance with Section 8.2 to reflect all Net Profits or Net Losses with respect to the year of liquidation. No member shall be liable to repay the negative amount of his Capital Account. SECTION 10.5 Each of the Members shall be furnished with a statement, reviewed by the Company's independent public accountants, which shall set forth the assets and liabilities of the Company as of the date of the Company's liquidation. SECTION 10.6 Within ninety (90) days following the dissolution and commencement of the winding up of the Company, the Manager shall execute and cause to be filed Articles of Dissolution of the Company and any and all other documents necessary with respect to termination of the Company. ARTICLE XI Books and Reports SECTION 11.1 The Managers shall cause the Company to maintain the following records: A. Complete and accurate books of account, in which shall be entered, fully and accurately, each and every transaction of the Company, shall be kept by the Managers at the principal office of the Company. The fiscal year of the Company shall be the calendar year. The books of account of the Company shall be kept in accordance with sound accounting practices and principles applied in a consistent manner by the Company; provided, however, that all methods of accounting and treating particular transactions shall be in accordance with the methods of accounting employed for Federal income tax purposes. All determinations by the Managers with respect to the treatment of any item or its allocation for Federal, state or local tax purposes shall be binding upon all the Members unless the determination is inconsistent with any express provision of this Agreement. B. A current list of the full name and last known mailing address of each Member set forth in alphabetical order together with the contribution and share in profits and losses of each Member; a copy of the Articles of Organization of the Company and any amendments thereto; a copy of the Company Operating Agreement and any amendments thereto; a copy of the Company's federal, state and local income tax returns for the three most recent fiscal years. 17 SO 1 C. Any Member shall have the right from time to time at his expense to examine and/or audit, or to have his accountants and representatives examine and/or audit, the books and records of the Company and the information referred to in this Section, and the Managers will make such books and records and information available for such examinations and/or audits. SECTION 11.2 No value shall be placed for any purpose upon the Company name or the right to its use, or upon the goodwill of the Company or its business. Upon termination or dissolution of the Company (without reconstitution thereof) as provided in this Agreement, neither the Company name nor the right to its use, nor the goodwill of the Company, shall be considered as an asset of the Company. SECTION 11.3 The Managers will cause to be sent to the Members within a reasonable period after the close of each year the following: (a) annual statements of the Company's gross receipts and operating expenses, and the capital accounts of each Member, prepared by the Company's independent public accountants, to be transmitted to each Member; and (b) a report to be transmitted to each Member indicating the Member's share of the Company's profit or loss for that year and the Member's allocable share of all items of income, gain, loss, deduction, and credit, for Federal income tax purposes. ARTICLE XII Tax Elections SECTION 12.1 In the event of a transfer of a Member's interest, or upon the death of a Member, or in the event of the distribution of Company property to any party hereto, the Company may (but need riot necessarily) file an election, in accordance with Section 754 of the Code to cause the basis o f the Company property to be adjusted for Federal income tax purposes, as provided by Sections 734 and 743 of the Code. ARTICLE XIII Miscellaneous SECTION 13.1 Any notice or other communication under this Agreement shall be in writing -and shall be considered given when mailed by registered or certified mail, return receipt requested, to the parties at the following addresses (or at such other address as a party shall have previously specified by notice to the others as the address to which notice shall be given to him): A. If to the Company, to it in care of the Managers at the address of the Company. B. If to the Managers, to them at the address of the Company. C. If to any Member, to him at his address set forth on the books and records of the Company. 18 if cfi 661 SECTION 13.2 This Agreement contains a complete statement of all of the arrangements among the parties with respect to the Company and cannot be changed or terminated orally or in any manner other than by a written agreement executed by all of the Members. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed in this Agreement. SECTION 13.3 This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. SECTION 13.4 This Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations of the jurisdiction in which the Company does business. If any provision of this Agreement, or the application thereof to any person or circumstance, shall for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected, but rather shall be enforced to the extent permitted by law. SECTION 13.5 Anything hereinbefore in this Agreement to the contrary notwithstanding, all references to the property of the Company are deemed to include the profits, losses and Cash Flow of the property. SECTION 13.6 Irrespective of the place of execution or performance, this Agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in the State of New York. SECTION 13.7 The captions, headings and table of contents in this Agreement are solely for convenience of references and shall not affect its interpretation. SECTION 13.8 This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall be deemed to constitute a single document. SECTION 13.9 Whenever the context so requires, the male gender when used herein shall be deemed to include the female gender, the female gender shall be deemed to include the male gender, the singular shall be deemed to include the plural and the plural shall be deemed to include the singular. SECTION 13.10 No third party beneficiaries. This Agreement is expressly and solely for the benefit of the parties hereto. It is understood that no other entity or person shall be entitled or deemed to be entitled to any benefits or to enforce any rights, claims or remedies under this Agreement. 19 tol IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first above written. Name: �? Member:5l aine Sexton Name: _ ab1' Member: N•r:' Conant Name: Member: 20 i011/64( SCHEDULE A In alphabetical order, list name of Member, Membership Interest, address, taxpayer identification number and amount of capital contribution: Elaine Sexton 50% Name of Member Membership Percentage Interest 2 Horatio Street New York, NY 10014 Street Address City, State and Zip code Taxpayer I.D. Number(Social Security Number) Name of Principal if Entity Capital Contribution Nora Conant 50% Name of Member Membership Percentage Interest 2820 Shipyard Lane East Marion, NY 11939 Street Address City, State and Zip code Taxpayer I.D. Number (Social Security Number) Name of Principal if Entity Capital Contribution 21 1 061 SCHEDULE B The Membership interest required to call a meeting of Members shall be: 100% Percent 22 BOARD MEMBERS �� ®�S®�-- ' Southold Town Hall Leslie Kanes Weisman,Chairperson "$* i*, 53095 Main Road•P.O.Box 1179 ���� 4:.? ,q= s -r,a i,. ® Southold,NY 11971-0959 Eric Dantes Y$ t+' \ Office Location: Gerard P. er Goehring :, ,, �byw`, _ �, \ Town Annex/First Floor,Capital One Bank George Horning a® 54375 Main Road(at Youngs Avenue) Kenneth Schneiderc®U ;,•- •010t� � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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: 10:45 A.M. - SHIPWAY, LLC. #6959 - Request for Variance from Article XXIII Section 280- 124 and the Building Inspector's March 31, 2016 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet, located at: 320 Private Road #7 East Marion, NY. SCTM#1000-38-1-26 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.TothATown.Southold.nv.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 ?OM 40/9 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS • SOUTHOLD,NEW YORK AFFIIDAVIT OF In the Matter of the Application of MAILINGS - SPvrecy - 0,10(4• (O o,til) . (Name of Applicants) - • SCTM Parcel# 1000- 3$— 1- 4,,, COUNTY- COUNTY OF SUFFOLK STATE OF NEW YORK I, 'Oca. Coouvc-t" residing at 3?-O Pry-4-e `Ram • New York, being duly sworn,deposes and says that: • On the '3 day of Retit ,201(41 personally mailed at the United States Post.Office iv • ()9.3410.3-r°°•__ , New York, by CERTIFIED MAIL, RETURN RECEIPT amu,--a'true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners s own on the current assessment roll verified from the official records on file with the(Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, • or vehicular right-of-way of record, surrounding the applicant's property. . k\QPCCk (Signature) • Sir•En to befor- me this iF of / ,20/ f . 0 _A i0L,.;�-..s Il._._i_. �cl�� cYNTHlAM:CUSATl otary 'itiblic) Notary Public,State of New York • No.01CU6100507 Qualified in Suffolk Count' • Commission Expires Oct 20 . 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. r U S. Postal ServiceTM U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT CERTIFIED MAIL® RECEIPT r� Domestic Mail,O,itly s ill } Domestic Mail Only lir ! .� For delivery information,visit our website at www^usps.co 'l For delivery information,visit our website at www.usps.com . _n. EASTalt �Y 1 39 LU I R AL .,..,,,,s...E m- a 11 I Certified Mail Fee v7 i i Certified Mail Fee $3.30 ;, 9.�7 0 $v•30 o $ LS6L� 4 0 $ _ Q" Extra Services&Fees(cheek box,add tee pie �� O" $� 7� ra �„'�t Extra Services&Fees(check add leee�raadate) V ❑Return Receipt(hardcopy) $ ❑Return Receipt(hardcopy) $ i't., l�l� 'V 0 ra ❑RetumReceipt(eleetronie) $ �' �l POStm= '.� �� Here rl ❑Return Receipt(electronic) $ $0$0.00 •00 (r Po6',.. �p O ❑Certfied Mail ResMcted Delivery $ I Cn/ f O� ❑Certified Mall Restricted Delivery $ hQ•ro�loy '� �O�IBre II ❑Adlt Signature Requued $i== • i e. CI ❑Adak SlgnaMaRequved $ Ifo•VV ,O� tt3 •iiiiillalailliM Adult Signature Restricted Denvery$ �D7 ❑Adult Signature Restricted Delivery$ yoPie' �� � y� _`3/ 6 $ $0.47,: 05/1 72 6 Total Postage and Figs.47 -a Total Postage and F�egs 47 aSent To • Gt __:. �Ln Sent To LiO�• R �0`M 4 MdJY\7W- SONt'►'F a_..--- r9 001_00 t,t44, IM Street andApt 7y oreO Box No. ` w — C3 gi'ieet aril t No. or PO Box filo. c I`- 20 vS (o h St; /A t Coy,State, At V`.���`% l \\%33 - CI rate z1P+48 (002 •PS�F,oCor�m,3800,,Apri1 2015,PSN'7530-02-000 9047 , See Reverse for„Instructions,, - PS.Ferm3800 April 2015.PSN753002k000sock,`AA, 39eReverse,forInstructions ( U.S. Postal ServiceTM ) U.S. Postal Service'M CERTIFIED'MAIL® RECEIPT CERTIFIED MAIL® RECEIPT Domestic MailOnlyIQ C7 Domestic Mail Only .-n For delivery information,visit;our website at www usps,com l -D, For delivery information,Visit Our website at wtvw,usps.conl�. ,11 E•-r ;a ia1 939.N i{ .a EA f3 Y 9 -swi u Li Li inCertified Mall Fee $3.30 0957 0 Certified Mail Ree, $3 30 V��� t1 Extra Services&Fees(cheek box edd lee gm aaiate) 04 V•'6".. 1T Extra Services&Fees(check box,add fee dap:mate) ;' 0 Return Receipt(hardcopy) $ 0 Return Receipt(hardcopy) , $ yyllrr•LIU r� 0 Return Receipt(electronic) $ $0.00 Postmark r„� 0 Certified Met Restricted Delivery $ $0_00 Here ” 0 Return Receipt(striae Dc) $ $fl-ne 9 l OiP Here ki hi In ['Adult Signature Required $ $0'CI .00 1:3 ❑Certified Mall Restricted Delivery- $ $�.00 ' ` Here 0 Adult Signature Restricted Delivery$ , , O 13 Adult Signature Required $ x0.00 a` p Postage' ❑Adult Signature Restricted Delivery$ 0 $0.47 0 Postage '$0.47 �4 1 NS\Z' $ ' 05/13/2016 ^�- $ 05/13/2016 0 Total Postage and Fees 47 Q Total Postage and Fen 47 ii G• $ $ Irl S t To ,� r� � r9 tri S rao _ OVY1?�t SW�'�ls e.rp co_ I p StreetandApt N orPOboxA(o. - r� C�1/uK O Street andAeprico.,-oi po§ox"No. N gyp• o• tr.-.0..5e \O I ,�- �?a C',�x 03 Cito zt 6 i 0-k t•I•04 t••11 119 39 PS F,trm3800,-April201.5'PSN 7530-02-000-9047 See:.Reverse.for instructions - - - - - - - - PSForm,3800April 2015':,PSN 7530-02-0009047 ,See:Reversefor.instructions U.S. Postal ServiceTM • , CERTIFIED MAIL°{RECEIPT P Domestic Mail Only r- .-E11For delivery information,visit our website at www.usps.com°. .-13 S Ola EtaP0ip N rA.19p o Certified Mail Fee $3.30 _I 57 $ $2.70 c,�` Ir Extra Services&Fees(check bc G add tee gs gppwaAam) Q ❑Return Receipt @ardcopy) - $ $0q •I-W , (n :."C06°°\13 r� ❑Return Receipt(electronic) $ .00 -+ Posttmark 2. . p I= ❑Certified Man Restricted Delivery $ ' $Q_00 - Here �S I= ❑AdultSignatureRequired $ $0.00 Vo C-, ****/ , ['Adult Signature Restricted Delivery$ En Postage $0.47 ' ..=- $ • .,, ci- Total Postage and ee _ 0` 20 1.t7 Sent To A. M� 4i , r� J I O Street andApt.No.,or PO Boxy N 12 '�!bbd ' -aity,,St zrP+a® It9- O PS Form„3800 Apriiw2015 PSN7530 02 000-9047 • ;,See Reverse for Instructions it r- . 1'- 15- 1 . tom'tylx \' \jb • I, s i ,i '/C\ 36 • t• '2:4' \ OPC7° ,I , ouv\aM 7• o • 'x \ o \ 1 c,ru .. Y .--4-5- C' J 'io\J\01/4,‹-ak ' k. . 11, g %c I f 0 v _ , LA 2...\-E. r2-0 NO A- Ste• Ak 2 v" C/,eoz-vo G-30- t•NCW‘' , SENDERS COMPLETE THIS SECTION COMPLETE THIS SECTIONfON DELIVERY ■ Complete items 1,2,and 3. A. Si e • Print your name and address on the reverse X ,,. 0 Addr so that we can return the card to you. r,V �. � B. Receiv d by(Printed Name) G�.•,atEk •f Deliv 134. • Attach this card to the back of the mailpiece, (WW1 /6�, or on the front if space permits. E W1 3 JJ'rJ 1. Article Addressed to: D. Is deliver‹ teq—d, ifJe ent fro a ite',1? 0 Y s" ' to u,0 Sanarh 1 —r+ If YE n r cleliverry (dress ��5 0 No V-NrAM= �+'k ��, far 2� ps P. O. 1 CI% ?orb° � t (%Hama.., (41 1 535 G�. �, 1111111111111 III 1111111111 Service3.❑Adult Signature0 tExpress® 0 Registered Ma1TM 0 Adult Signature Restricted Delivery 0 Registered Mail Restricted t{ 9590 9403 0632 5183 7444 20 0 Certified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise - . _ •_..-r-a.,,n 0 Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM' 0 Insured Mail 0 Signature Confirmation �Jl 0640 0 1 9003 6 6 8 4 0 Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt 61'44' (0, 594 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING NomC95 (A ,+) atk*-ol Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I000- . — — 2 COUNTY OF SUFFOLK) STATE OF NEW YORK) - . - I, L!oNet GiVICA,Aki residing at 3 MCltA„ ,New York, being duly sworn, depose and say that: On the 2 if day of , 201 , I personally placed the Town's Official Poster, with the date of he ing and nature of my application noted thereon, securely upon my property, Iocated 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 Co `) ` (, • Ai- . • - r (Signature) Sworn to before me this 0491 Day of(1)01— , 20110 CONNIE D. BUNCH • Notary Public,State of New York (� � ` No.01 8116185050 �Jo 1 11eDski4k Qualified In Suffolk County Commission Expires April 14, Cc .D (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 6\Z)91\°\( d� ' 'i #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. ax,e,P--- 9e1-4-e/ Principal Clerk Sworn to before me this day of /@ 1 (-------- 2016. LEGAL NOTICE single family,dwelling and accessory, I (0) SOUTHOLD TOWN ZONING shed,at;1)less.than-the code-required BOARD OF APPEALS single side yard setback of 15 feet,2)less than the THURSDAY JUNE 2,2016 ! �� _code required total side PUBLIC HEARINGS , yard setbacks o'135 feet,3) 'as built' CHRISTINA VOLINSKI NOTICE 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 Qualified In Suffolk County (Zoning),Town of Southold, the fol- Creek)Southold,NY.SCTM#1000-76- My Coaifnl66{on tsni ---;ary 28,2020 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- Hall,53095 Main Road,P.O.Box 1179, ance 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 J. and EU- on an application for building permit required rear 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 Variances from Article XXIII Sec- swimming pool, at; 1) more thanthe Marion,NY.SCTM#1000-38-1-26 Each hearingwill not start earlierdhan tion 280-124 and Article III Section code maximum allowable Id["coverage 11:00 A.M. - HEATHER and PE- designated above:.Files are available 280-15 and the Building Inspector's of 20%,located at.715 Legion Avenue TER CAMPBELL #6961 - 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 for 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 abeessory #6955-Request for Variance from Ar- 2$0.15 and,the Building•Inspector's tact our office at,(631)765-1809,or by in-ground swimming pool and.tor'as tide III Section 280-15 and the Build- March`15,2016 Notice of Disappiq"vat 1 email:KimF,@southoldtownny.gov built' deck addition to existing single ing Inspector's March 25,2016 Notice based on an application for building Dated;'May 9,2016 . ` family dwelling, at; 1) more than the I ' of Disapproval based on an applica- Permit to additions and alterations' ZONING 'BOARD OF APPEALS code permitted maximum lot coverage tion for building permit to construct/ to existing single family dwelling and N 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 required 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-I 53095 Main Road(Mailing/USPS) NY.SCTM#1000-25-4-8 Point Road (Wunneweta Road) Cu- ' mum of 20%,-3) following proposed' 9:30 A.M.-ANDREW CANNING construction existingaccessoryaro a P.O.Box1 1179 tchogue,NY.SCTM#1000-111-12-2.1 g g � Southold,NY 11971-0959 #6960 - Request for Variance from 10:30 A.M. - RAYMOND RAI- shed will be located in other than the 12792-1T 5/26 - Article XXII Section 280-105C(3)and MONDI #6957'— Request for Vari- , code required rear yard,located at:4001 the Building Inspector's April 4,2016 ances 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 existing 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 FERRULLI 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 i 20 feet;located at:1150 Mason Drive Notice of Disapproval based on an ; (adj. to Haywaters Cove) Cutchogue,, application for building permit to le- 1 NY.SCTM#1000-104-7-6 . galize and make changes to.`as built' ' . 10:45 A.M.-SHIP WAY,LLC.#6959 additions and alterations to existing I . 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- \ , NiTIcE oF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME SHIPWAY LLC #6959 MAP # 38 .- 1 -26 VARIANCE SETBACK BEQUEST DECK ADDITION DATE : THURS , JUNE 2 , 2016 10 :45 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 . CONING BOARD -TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 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 Encls BOARD MEMBERS #,,�*®� S®(/j _ Southold Town Hall � yQ Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 e ,�® err;,, !® Southold,NY 11971-0959 Eric Dantes Office Location: • Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �Q , �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =I�COU N� 1 Southold,NY 11971 http://southoldtown.northfork.net - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631) 765-9064 April 15, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6959 Owner/Applicant: Shipway LLC Action Requested: Deck addition - setback Within 500 feet of: ( ) State or County Road • ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. 4 , BOARD MEMBERS ��i,,'' Southold Town Hall /�4 SOOTh® - 53095 Main Road•P.O. Box 1179 Leslie Kanes Weisman,Chairperson 0.0 (.0 I t Southold,NY 11971-0959 Eric Dantes ;" '�M Office Location: Gerard P.Goehringer �, . f,4 Town Annex/First Floor,Capital One Bank George Horning _ . ,/ 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�C®U �NV. ��� 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 Shipway LLC Nora Conant 320 Private Road#7 P.O. Box 136 East Marion,NY 11939 RE: ZBA Application#6959 Dear Ms. Conant: 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. 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. Since e y, Kim E. uentes ZBA Assistant Encl. cc: Building Dept. , Tb ey F {. ' •rP A -'-//v (p ,�P g°;P MATCH _ LINE Incl , h 8 4i A % 2 '4,44 L `C O •o °� FOR PCL NO `.` &Incl a+ b' `O M1 h,� `9 0 •1b .� .P P c`�q' SEE SEC NO g P ' • - 5 o • a w ♦ & , 031-06028 8E b 8�ct 'N444; �'°Q o Ppm a 4 h$ ry.M1° •b` v7A- `4 ,o INN 8 a $,.0 0 -. 8 0 8 IIP TOWN OF SOUTHOLD $ ry g • • L�"O �O ^'27: 'I a ;P A "1 •..`:4`; 3,e OvQ`G 4 3A 5 8 `yoJ� 1'' y ,g O a ^ 6C) tbe4 '�`'W oe , (COUNTY OF SUFFOLK ' +a ry'g ° +o�� DEVLEOPVJN�T�RIGHTS) ay $/p 'a TOWN O- d"g" bee ,og� �§ r ., ''''11 y, d SOUTHOLD A ``P O 9' ''° \ ' co• % \9P A p'4 dist a (c,, ,, orf e ,01J ,Or.,� 8 y s41Pu:tl fie. i1 k..\ gdY ' �a 8' , 'l'9 '`P F O !/sL'!:/� `, O \�\h$ $,,•��g°$ � � y�J.<.' �• [ 3?. —/ - 2-/p /ili® ` q' m O 27 5A • • ©� $ .�°g'• ®•,,, 1 j�: 3 P,—/ 1rO (COUNTY OF SUFFOLK 1Ag `S, ,aa,0� x• '`✓d DEVELOPMENT RIGHTS) 4 �•.• • 0),,- • / 10 7� $ \ti'tee 0.,„,, �� Q hl 4 `r_ ml m TOWN O. ova 4'',11 ryg8 a�R $ '� Al',e SOUTHOLD "'" , $ � IJV r — —�!/� 10 a% '9 , '2 3 A O • •O• g 'ry 8 4 fat t IP PS) �'� �sP$ a 1,C,, // ��^///� ///�\� 10 9'� \a,ua �,'' 'G 4" 5 m1 d, ml $ a 8 A �1.[.�` 'b $ti 8 „ Po •-r/ k fe X108 1012 `b og+,,° yn &'P'A (P,` ^ ,T `b1-,`P`0, c v L Ag I pti �� 6. �SiJ o Al vP l P \5�l °s r $ ;& q (',,` iso ati`°a,+ 10 13 NA a ``ryh.I <s �.� J �h4 ti� % ®'P°9'O 1022��O� rA 4. ;� ,&8 0 AA(���' 0 `p,9 P fes) + PSI SO' ,aP �h�l ,ry6 ` •, s0. '`ryS° ryAfi 1014 8 .(11 ' 1021 �° &® <( ( A2 '+eryA J ��; _ (y, 9 1 411P „,,„,p 1 15 (7J.� y9 is In 1 0A 4y�`6a °s '° R.-fb ,...e'O 4e t 'r . 10 20 o IPq, '6 9 2 rLR'o” o d !, % • +e m qaa �e m 1019 $ ;y (k '° 9 3 d o,9 a' 0, OA `° m) A a, 1 $ O t� GS. �p4`' 10 18 \ Tc� b - a 4 fr Pry 4 NO AQ' A 1 OA '+ / Oe� 3 \ y�cp, / \ 0;,,7,..N... 9 8 iPT '4 • s q = zw as \ / fid 0 (COMMON AREA) L$ 14 \ 7 13 rc 4 OA 15 rS�J V r3��: 4 8A CRESCENT BEACH CONDO y i CLEAVES POINT 9 y (FOR UNITS SEE\ ^ ¢ COMMON CONDO ° SEC NO 03811_`N . C Y CLEAVES POINT $ SEE SEC NO 132 U�1 11Ly . (COMMON AREA),y] VILLAGE CONDO W O.Q ¢ (FOR UNITS SEESEC (COMMON AREA) 10 ` \ 1.3 .c1,. NO0382 BLOCK 01 UNI EC (FO0 82 BLOCK 02) /• 0 tl 1e, 19B ma F.D.26 NO 0382 BLOCK 02) 41/\.• N4� \ \\•41 P.D.65 / y, \ A3 7 �WM� I 'M.'.LMNn IT ROD Lima S°moIEHt.LL --SOS-- L!/eaNDautl,na --H-- UNLESS DRAWN OTHERWISE ALL PROPERTIES NOTICE eaq.iemn8000028 No (21) aba No O Ewa n/S.Lme --F-- Reaa•e Our.Om AREWTWN THE FOLLOWING OSTRCTSas Omenxmn •t R SOIOOL 102 SEWER WW2/ MAINTENANCE ALTERATION,SALE ORWafer Omina Lme --W-- HYorel0mrel Lma --NST-- FlRE 2631 11YORANT auq Olmenmon e,. w T a —_ UGH! 41AB yytTER DISTRIBUTION OF ANY PORTION OF THEam Lm Mpm Omni Lme --L-- Ampumnw DUNN Line--A-- OBISPARREFUSESUFfOLKCOUNTYTAX MAP IS PROHIBITED as Area 121A(G)0,12 1A Town L.m ——— Pac.Sru One --P-- P0000ARBATS Una——WW-- WCSANORAKS TEYWIER VNTHOIJT WRITTEN PERMISSION OF THE Iama5 Arca 121A(c) --___ j'S ..setme sr..., wa .`rOmt —5-- REAL PROPERTY TAX SERVICE AGENCY