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i i F Y a .d CHECK BOXES AS COMPLETED ?n� ( ) Tape this form to outside of file / 4 01 O CL ( ) Pull ZBA copy of ND c, Q, M ( ) Check file boxes for priors h •`D y �• ( ) Assign next number on lisl c �' outside of file folder :J ( ) Date stamp entire original � o file number v " o CD "' CD CD { ) Hole punch entire original' " m CD < m N .� D (before sending to T.C.) m X ( ) SD Create new index card ry m 0 Q" N 0 ( ') Print contact info & tape t N _� ( ) Prepare transmittal to Tov < w o `D � ( ) Send original application v -N —� to Town Cl-erk X ( ) Note inside file folder w/p 52. and tape to inside of folde ( ) Copy County Tax Map; hig iD Neighbors and AG lots ( ) Make 7 copies and put wil ( ) Do mailing label 00 P° 19n� Q- til t d I r /2j . C�dd- vaS v-c— OLktlxl skid o' �y�n C , c U-b I Cat�^..a- BOARD MEMBERS ®F S (/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� �'® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesic Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �® ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�coum Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD aM ' Tel.(631)765-1809•Fax(631)765-9064 OC 8jj1Ur" FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING: OCTOBER 6,2016 ZBA FILE: 6893 NAME OF APPLICANT: Alexander Kofinas,as Trustee PROPERTY LOCATION: 805 West Road, Cutchogue SCTM# 1000-110-07-04 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23, referral of this application to the Suffolk County Department of Planning is not required. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 41,164 sq. ft. (39,966 sq. ft. buildable) parcel located in a R40 Zoning District. It is improved with a single family dwelling, accessory garage, an accessory in-ground swimming pool and an accessory pool house with an attached pergola. It has 140.00 feet of _frontage on West Road, 285.32 feet along the east property line, 140.59 feet on Peconic Bay and 303.3 feet on the west property line as shown on the site plan(S-1)prepared by Mark Schwartz,RA, dated September 08, 2015 BASIS OF APPLICATION: Request for Variance from Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval on an application for a building permit to construct alterations to an existing nonconforming accessory garage, which proposed alterations will create new nonconformance, located at 805 West Road (adj.to Peconic Bay)Cutchogue,NY SCTM# 1000-110-07-04 RELIEF REQUESTED: The applicant requests a variance to extend the existing gable roof, 4'-4" (4.333 feet) to the existing southern end wall,replacing an existing shed roof as shown on the architectural drawings, S-1,A-2,A- 4 and A-5 prepared by Mark Schwartz,R.A., all dated September 08,2015. ADDITIONAL INFORMATION: The parcel had previous variances granted under Appeal #6774 subject to conditions that were not met by the time the public hearing was conducted for this appeal on December 3, 2015. The Board made a Motion on December 3, 2015 to adjourn this hearing without a date until all conditions of Appeal #6774 are met and subject to receipt of information in order to conduct comparisons with other accessory garages located front yards within the neighborhood. Information on accessory garages in front yards in the subject neighborhood was received on December 7, 2015 and Certificates of Page 2,October 6,2016 #6893,Kofmas SCTM No. 1000-110-7-4 Occupancy No: 38445, 38468, and 38446 were received on August 29, 2016 confirming compliance with all conditions in ZBA #6774 granted as amended and dated September 4, 2014. In addition, a personal inspection of the subject property was conducted by a member of the ZBA confirming compliance. The 'Board closed the hearing on September 15, 2016. FINDINGS'OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 3,2015, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. _Town Law 4267-b(3')(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The 4'-4" extension of the gable roof to the southern wall of the existing garage will not be noticeable from the street. Additionally, there are other accessory garages in front yards,in this neighborhood. 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. The existing garage exists in a nonconforming location therefore any proposed alterations will require a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed 4'-4" (4.333 feet) extension of the gable roof will replace an existing shed roof and will be unobtrusive. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of extending the gable roof of an accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, and shown on the architectural drawings, S-1, A-2, A-4 and A-5 prepared by Mark Schwartz,R.A., all dated September 08,2015. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 4 Page 3,October 6,2016 #6893,Kofmas SCTM No. 1000-110-7-4 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. (Member Dantes not present) This Resolution was duly adopted(4-0). enneth Schneider, Vice Chair Approved for filing 1#-/-- 13/2016 r ; REVISIONS: - N /O/F PATLAVARONE (DWELLING,PUBLIC WATER) 50'SETBACK HAY BALES/ FROM BULKHEAD SILT FENCE f N 26 1 11 \V)W 16 18r 201 22 ' 24 , 26/ 281 30 -303.3' 32/ x1 PRE31foNCfiTCPsfi--_�_�.----------_---- ------{- -- _ EL 4.1' r 1' 1 I —_/—_.�_`~ _� � 1 •� �-` / mNsmumw+wvxrn LIMITS OF I a 1 l PROPOSED RET ININ W LL _ �EL 4OLE I EP 1 / "c"""a�"1°'O0. '"/`" _ - ASPHALT OR -t-- O 1 8'd'ia,6'daeP \ oua+ncw°rcwmurn° FARI G \ O c 1 1 -7RY E PROPOSED / ;,•r•/ ars / COBBLESTONE � �® I 1 I PROPOSED CON,SEEPS fi _ - y 1 1 I WA=Ml ON GRAD / """""""`EEE((( 1 SEPTIC SYSFE / /PROPQSED ''/ - Bbia- G I I 69.0' 1 t PROPOSED I / A . � `t - 'A' OS l Y�DRIVEWAY 04 PRGPOSED '1%, l •, - / 137.9sv-♦ 1 - _ 1 I RAISED PROPOSED EXISTING SEPTICTOBE/ r" wer.vx7'ac.Wu` I I�DRYWELLp LIMITS OF !� I I / LANTER REMOVED PE SCHDS RE .9Tt Bnandift / / PATIO P '`'CaMSP1cn0'' ?' `.; CLEARING REMOVE DECK AND 3 b / 1 : \ / ••••••f7•�a'• STORAGE SHED BELOW _ i x r/ 1 / i 4~�:a I I 3A' 7,2' 3 1 ` '( SftIP DRAIN / // I / ► n 9 9 I O a 1 / I x ►�<.o?-v f' f CONCRETE / a3 ,t I NBUFFER F 1 / I G i :'Q�:i� / U •H: W WASH�� / C m 1 e / - ,, O W .,•(e r r^--f I r LOCATION I / a g j w ' n p PROPOSED 1 P: - - a / i 9I/PROPOSED - _ PROPOSED 2 STY. .3 �/ IMPERVIOUS !• / y / I O 1 POOL _ FRAMED HOUSE C{'� I,; I DRIVEWAY.`E/ �{{4", ; W _ / n �/ ¢ q ` P EC ON 1C m / W -' L f' _//1 / / 'lW-� / EX Liz 1 I4 { deep $/Sla,6'deep e 62,T O 5.2' f)a. et;, . / 1tDRYWELL / I If WM B A Y / I / / PI APPOSED / / 36 g ,-� PARKING ` � 1 1 4 1 20.0' 1 12-9' �' 1 ,7' tt'' -< LjURT / TOP SOIL ~ 6z ! PRO SED �• LOCATION ' / v1 j tJ 1 1 PROPOSED '1 EE /, i' / I / / a 2 1 { RAISED Kit EKED " 12 / / W 07 1 c PATIO "PORCH • ;PROP/�5�11"�� NEW BURIM PROPANE ,', / '/ / � Lu ii�,, O N ♦ Q 7• TANK(LOCATION TEP) o -{ LIMIT OF iMAI ' 1GARA�E I O / p zCONSTRUCT 2 TIER RETAINING c I CLEAR NG1 I 1 �i,,E t, E 1 .`'� - r -�"„rIf / lO WALLS AT 6TEACH 1 i i IEI I 1 W O ilifiilli iiiil 4Ir G Q 'TI i'i Eiif�tllil♦ D DE � D.4 {�N L/1 ' _ /; PROPOSED tLm D ' i `M PCABANA mi \// n�j' / B'dia,6'deep' _ �la 6'deep Yi31'ItiG A°3UR// / E RAF D `EXISTIN6 Z 68.2' WALL ` y ,aw: ( •�• DRYWELL( i / DRYWELL •�711CPE.:AOV£D / D / \r�i/i i-\ / 11-\ a a,6'deep / t= i a / / RAWE C] a IA„r. I dRYWELL /' \- / - __._. `-! / y GA 1 C I eeAeAm I 1; 1 lV\ I / ♦ / •r PROPOSED if{1154IOUS DRIVEWAY / / / / I �1 \ / ♦I ♦ E dia,6'dgeP CATCH / / / GEN dial-deep !;ll 4e RYWE L BASIN m Q 1 ♦ i PROPOSED RETAINING WALL ♦ S 26"24'30”' y G q�A 13 017 C F�'I 3 2 A•+ I PROVIDE SOUND ATTENUATION LIMITS OF I` G(J �3' G 50'SETBACKSURROUND FOR POOL EQUIPMENT CLEARING FROM BULKHEAD (UNDEVELOPED N O F � ITS MY WAY LLC SITE DATA: SCTM # 1000-110-07-04 - - - - - - - DESCRIPTION: SQ. FT.AREA: LOT COVERAGE: EXCAVATE: FILL: C.A.BRAD IGAN PROPERTY: 41,184 SQ.FT. _95 ACRES (CESSPOOL 1507) PROPERTY WETLANDS: 1,218 SQ,F1'. BUILDABLE PROPERTY: 39,966 SQ Fr. ESTIMATED AREA OF 20,000 SQ.FT. GROUND DISTURBANCE: SITE PIAN. O o ' EXISTING DETACHED¢ARAGE: 393.7 SQ.FT. 1.09/9 EXISTING BULKHEAD DECK: 414.6 SQ.FT. 1.01/9 ir/�^n � u?p SCALE: 1" = 30'-0' /JJf�"� �5F'+C7 PROPOSED NEW HOUSE: 2421.7 SQ.FT. 5,4%P 350 CU.YD. 100 CU.YD. �' C PROPOSED SCREENED PORCH: 614 2 SQ.FT. 1,5°!° 10 CU.YD. 5 CU,Yp• ; ^ E A C �,� L ) RECF-V' PROPOSED NORTH PORCH: 162.3 SQ.FT. 0.4% 35 CU.YD, 10 CU.YD• 1 I' - PROPOSED RAISED PATIO.PERGOLA: 1937.4 SQ.FT. 4.9 V. 150 CU.YD. 50 CU.YD, i 1 OCT PROPOSED NEW POOL: 1,034.0 SQ.Fr. 2.6% 250 CU.YD. 50 CU,YD. FINAL �y I L. E PROPOSED CABANA 168.8 SQ.FT. 0.4% 50 CU.YD. 10 CU.YD. + L �+ REVIEWED BY ZB� KING BOARD OF APPEALS DRAWN. MH/MS SEPTIC SYSTEM TO REMOVE 50 CU.YD- 75 CU YD SEE DECISION # JOB S�tcmbcr 118,21115 PROPOSED SEPTIC SYSTEM• 75 CU.YD 50 CU.YD SHEET NUMBER PROPOSED DRYWELLS: 75 CU.YD 30 CU.YD. DATED-[b- L- TOTAL- 6846.7 SQ.FT. 17.2% 1152 CU_YD. 413 CU YD. REVISIONS: 094,'.a� AVG.HT.:18'-3 1/t/2" 0 mls a v� O Z O C° z - C7 NORTH ELEVATION NORTH ELEVATION SCALE: 1/4" = 1' SCALE: 1/4" = 1' A� co U FINAL MAP REVIEWED BY ZBA SEE DECISION # RECEIVED DRAWN:-MH/MS SCALE 1/4"=1'-0" DATED /c- l� � D _ OCT 21 201 cptm s��,b�rox,zms SHEET NUMBER: ZONING BOARD OF APPEALS �_ REVISIONS: PROPOSED _ ' AVG.HT.:18'-3 1/7/2" - OF EXTENSION MUM se�0� I 1 0 U p � i •C CJ � 00 I s O F--I W W WEST ELEVATION, SCALE: 1/4" = 11 � o - � a FINAL MAP REVIEWED BY ZBA' (� r - SEE DECISION ## GR3 RECEIVED DRAWN: MH/MS SCALKWEST ELEVATION ®���® / OCT 2 15 uptmb U4"_1.� JOB 1♦ i SJTtB N OS,2015 A SREET NUABER. SCALE: 1/4" = 1� — ZONING BOARD OF APPEALS A-2 i REVISIONS: AVG. HT.:18'-31/l/2" A7v lis 0 N rypj 7 a�yy Q �l a z A zo �1 A z� SOUTH ELEVATION w R � w SCALE: 1/4" ` V � a O U FINAL MAP REVIEWED BY ZBA SEE DECISION # 6 RECEIVED DRAWN: MH/MS SCALP. 1/4"=1'-0" EXISTING ELEVATION I DATE® r OCT 212015 SSRTmhm0U2015 F T SCALE: 1/4" = 1' ^ _ ZONING BOARD OF APPEALS -3 - 4 REVISIONS. PROPOSED ROOF EXTENSION AVG.HT.: 18'-3 1/i/2" •v'iv`�s m JU �: i 411 a � � s a O W C/1 oz o0 .W.1 W W EAS_ T ELEVATION W SCALE: 1/4" = V F C7 op f FINAL MAP REVIEWED BY ZBA SEE DECISION # M3 RECEIVED `� OCT6� {� DRAWN: MN/MS SCALDATED ED I� / ry C 2 12015 ]x 201q 5 JORof i/4"=1'-0" Scptcmha OH,2015 EAST ELEVATION _. _._____ _ SHEET NUMBER: OIVIIVG BOARC?OF APPEALS SCALE: 1/4" = V A--4 REVISIONS: I INSTALL 1 COURSE HIGH , 1/2 THICK CEMENT BOARD ac.i���.• ALONG INSIDE PERIMETER PROPOSED ROOF EXTENSION ABOVE d _ (REMOVE EX.FLOOR) EXISTING WALL NEW 4"CONCRETE SLAB PITCH TO OVERHEAD DOOR - ------------ --- ----------- -------------- ------------------- OPENINGS I/B":12".NOTCH ---------- ----------- --- ---------------- --------------- 2"DOWN AT DOOR OPENINGS 6X6 10/10 WMM u ` 2"min.CLEAN SAND aa, s `{ �^• �•, �'✓J/:- 6"GRAVEL BUILD UP RIM BOARDS UNDER WALL AROUND 4 PERIMETER COMPACTED CLEAN FILL AS REQUIRED d 4d° WOOD FLOOR STRUCTURE TO BE REMOVED EXISTING FOUNDATION ITrt-LL �J FILL COMPACTED FILL,SLAB OVER(TYP) C) 1 � wJ i � p � � O ' w � � w r � DRIVEWAY FLOOR PLAN Q - - �- ---�---- - SCALE. 1/4 = 1 rA °x PROPERTY PROPERTY u�-+ oa E POJ ECT NORTH F INAL MA I, o�' REVIEWED BY ZBA RECEIVED DRAWN• MH/MS D C T 2015 SCALP, 1/4"=I'-0" 2015 SEE DECISION # JORptcmha#: ScSHEETN MB '. '. '• '' ,. •' /•/� - SHEET NUMBER. ' W E S T ROA : ' : ' : : ' DATED iD ,� � l I,J ZONING BOARD OF APPEALS A-5 ,• -1 �� dll�f�C,.� fK� _yq� FORM NO 3 RECEIVED TOWN OF SOUTHOLD OCT 2 12015 BUILDING DEPARTMENT SOUTHOLD,N.Y. 7_®(NTNG BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: October 15, 2015 TO: Michael Kimack (Kotmas) 321 Riverside Drive Riverhead,NY 11901 Please take notice that your application dated July 15, 2015: For permit to construct alterations to existing nonconforming accessory garage at: Location of property: 805 West Road, Cutcho ug e,NY County Tax Map No. 1000 - Section"110 Block 7 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed alterations to this existing nonconforming accessory garage, on a waterfront conforming 41,184 sq. ft. lot (39,966 sq. ft. buildable) in the Residential R-40 District is not permitted pursuant to Section 280-122 which states; "Nothing in this article shall be deemed to prevent the alteration or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Authorized S' a ure Note to Applicant: Any change or deviation to the above referenced'application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED ACT 21 201� Fee $ Filed By Assignment No XONING APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 604 Street f/1/ S'/`— e Hamlet CVL' 6r&lJ SCTM 1000 Section//gQ Block 7 Lot(s) _Lot Size 0. JR6 Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED4f(]6 :Z ZQ4r BASED ON SURVEY/SITE PLAN DATED Applicants)/Owner(s): &0EIA145: 14S _MCQZ_� Mailing Address:/ ��,¢T J���f/�l,L,Z �, /!/Y "3z) Telephone:011,9,3 043� 'fQ Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: /r'j/�,C,1s¢ 1Y QC forXOwner( )Other: Address: -/ /r/5MW 49RI VIF k ��/7 ,N• Telephone: Fax: Email., yY Icy ele,-Pe@ i(/ Please check to specify who you wish correspondence to be mailed to,front the above names: ( ) Applicant/Owner(s), 66 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Section: __)dc Subsection: IZ2 Type ofA, peal. An Appeal is made for: Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( ) Reversal or Other A prior appeal;*64 has, ( has not been made at any time with respect to this property, UNDER Appeal No(s). ' Year(s). 20 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used ivith preparer's signature notarized): 1 An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimentto earby Al properties if granted,because �� �jCfJ f/�i(� 6AA4(7� 1-1,45-1-1,45- 9Z=;9A/ , /0/-A e Aelp,4' TO z °eellollG . 77-14"IAI/W r/ V,-c A;!�r-Mrs' Ate' W;Vlela 0112�MVZ MiAIII iPAL vet r�rG�v 7"_ .JW2 v07'U1&-' 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 W,4�' I�IZ 0IPNPZ /11 Or 72P 3 The am int relie�uest d o substantial because 0ff 0 ,e, of /y�I L� .I'g U��, 5 U�' ➢ pAel-e L G'�124 �.� AMP P 6b-P 1101'r-,IN 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because Wim✓ 64Ii4 GE lvl,qS �XIP7ZO I/V /V--Sy f ecc,fr/v i- `U C'A V 011 1912 P,,9C5W PS-9 � y PC'DIS/���pd�l�� G� �Yr/C'A .4ND XV V//zDov1Ae1Vr Nom/Grp�o•�o®,v 5 Has the alleged difficulty been self created? �4 Yes, or { } No Why Are there any Covenants or Restrictions concerning this land? ,K No { } Yes(please hirmsh 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 i Signature f Applicant or Author zed Agent (Agent must submit written Authorization from Owner) Sworn to before me this xl day of S ���,20 RECEIVED OCT 21 2015 Notary Publ TRACEY L. DWYER ZONING BOARD OF APPEALS NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2_6JR APPLICANT'S PROJECT DESCRir i iON ?q3 APPLICANT: 44 K,4�,- =F AW,gJ'J IJW DATE PREPARED:��/ 1. For Demolition of Existing Building Areas Please describe areas being removed /l/O ,//ly/G j� d1/ �. 6 61le 7-0 "lolXi`Z - Y' �Bic FdLl�,,f� jK0yL e®N�n�Pz� 6'=La�12 0 6012-,r a cUS -Iu6 XMrlAlb, c a a Q !t.cArx— II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NQ NE Dimensions of new second floor: NOAA6 Dimensions of floor above second level: CA Height(from finished ground to top of ridge) 18 — Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor. /A/d III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary) Please describe building areas Number of Floors and General Characteristics BEFORE Alterations C-14A*&1,5 Number of Floors and Changes WITH Alterations /V D/t1�. nCIT spm ZONIPiG BGARD OF APPEALS IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property 6 Proposed increase of building coverage AIQ Square footage of your lot Percentage of coverage of your lot by buil mg area ®7, 2! V. Purpose of New Construction: V AI& 4 A YYTX /O D U/� U C9 U/2� LLL RA 1/0 AV 6M a SUS' C b 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): �l20e2T 0.4n 1445- sy12 Z®ur►lr, N6 a a e o� o , d Go 4-l CW 0 p I �aC*7- dAl A�z�l�C .1' oN-C'a� 2017"MIS Please submit S sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A Is the subject premises�ed on the real estate market for sale? Yes "P/ No B. Are the any proposals to change or alter land contours? (/ No Yes please explain on attached sheet. C 1 )Are there areas that contain sand or wetland grasses? y S' 2 ) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4 )Ifyou property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? confirm status of your inquiry or application with the Trustees 6A!5 , )W-41V/Of/ F7,410 V1JA1JVV P,9*' 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 o E Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?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? /(/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 If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval H Do you or any co-owner also own other land adjoining or close to this parcel? Al L9 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel /15502n�V;44 , and the proposed useL (ex existing single family,proposed same with garage,pool or other) RECEIVED Authorized signature and Date ®Cl 2 1 2615 ZONING BOARD OF APPEALS AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicantfor 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 .44x57X,41YzW& ieU�/j►/�js� AP MV-r,J'�,C— 2 Address of Applicant�(, ,¢����/�'0i �j q&NAXIn ,�; /V 3 Name of Land Owner(if other than Applicant). 4 Address of Land Owner: 5 Description of Proposed Project edVA 4/ AeIJ'T G4l1,466 96%Q V5 WOOD F[. XIA-r3 1,rw pa egg m/t" )Y,0/A 0 Ar1A/6, CD7 6 Location of Property (road and Tax map number) CV tzy° D )C &AIJP Q, 0- 7 Is the parcel within 500 feet of a farm operao ? { } Yes 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 naives and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead NAME and ADDRESS A, 4,- &���-� I 2 RECEIVED 3 - 0CT-24-2 015 4 5 ZONING BOARD OF APPEALS 6 (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note I 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 retuined 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 �o P Complete all items in Part 1 You may also provide any additional information which you believe AFRI , ed by or usefu to the lead agency,attach additional pages as necessary to supplement any item OCT 2 1 205 Part 1 - Project and Sponsor Information ZONING BOARD OF APPEALS Name of Action or Project d,Gi2 C6 ,MA OZ- Project Location(describe,and attach a location map): o ,cr r 0AVC v7V.ad&,u,,`-_ Brief Description of Proposed Action X0—�Nb f pU f'>J�,� d pf �P�iyDV ►/V OdJJ a JWA t/OrV&15 AAID Aefl 0 VR .1Z" OOR' W//vi00W 5' 1&Q 0A1A1&, ,g/z o Name of Applicant or Sponsor Telephone: _ 210-5 CEM 1 QW Ck2@ V &ZON WWI' Address City/PO State Zip Code I Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2 If no,continue to question 2 2 Does the proposed action require a permit,approval or funding from any other governmental Agency9 NO YES If Yes, list agency(s)name and permit or approval- X 3.a Total acreage of the site of the proposed action? acres b Total acreage to be physically disturbed9 Q acres c Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4 Check all land uses that occur on,adjoining and near the proposed action ❑Urban ❑ Rural (non-agriculture) ❑ Industrial ❑ Commercial 'Residential (suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify)• ❑ Parkland Page 1 of 4 S Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? X b Consistent with the adopted comprehensive plan? X 6 Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X, 7 Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify. 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? •X 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? 7l NO YES If No,describe method for providing potable water- 11 ater-11 Will the proposed action connect to existing wastewater utilities? RF_ NO YES If No,describe method for providing wastewater treatment acT 2 12015 12 a Does the site contain a structure that is listed on either the StaI ► egister o istoric NO YES Places? v X` b Is the proposed action located in an archeological sensitive area? � 13 a Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbod►es 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. Ider)tify the typical habitat types that occur on,or are likely to be found on the project site Check all that apply rVhoreline ❑ Forest ❑Qgr►cultural/grasslands ❑ Early mid-successional Wetland ❑Urban Suburban 15 Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16 Is the project site located in the 100 year flood plain? NO YES IV 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? NO ❑ YES b Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes, briefly describe ❑NO RYES Pig Qp dIl6J 0"W!541 Page 2 of 4 18 Does the proposed action include•construction or other activities that result in the impoundment of NO YES water or other liquids(e g retention pond,waste lagoon,dam)? If Yes,explain purpose and size 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe X 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 X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name OAUL Date Signature Part 2- Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the R .ot�ction?" OCT ° No,or Moderate small to large ZONING BOARD OF APPEALS - impact impact may may occur occur 1 Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2 Will the proposed action result in a change in the use or intensity of use of land? 3 Will the proposed action impair the character or quality of the existing community? 4 Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5 Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6 Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7 Will the proposed action impact existing a public/private water supplies? b public/private wastewater treatment utilities? 8 Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e g,wetlands, waterbodies,groundwater,air quality,flora and fauna)? 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 °13 RECEIVED OCT 2 1 2015 ZONING BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/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. YOUR NAME: -7455eAm " (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit )( Variance Trustee Permit X 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,4neluding a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or 10?V D)the actual applicant DESCRIPTION OF RELATIONSHIP RECEIVED OCT 2 1 2035 z(Amr. "Rn v APPEALS Submitted this 4 day of } 20/Z5— Signature / Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : /411 ChWV:Z__ 4 _ ,L`f fMj (�L (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) / Tax grievance Building Permity 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 you answered"YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP RECEIVED U(;I ZC1i.`i �0NING BOARD OF APPEALS Submitted this�day of ,20� Signature "IV/ 4�Omzyl . Print Name /5 �C� wzz A, /`/n/yj oz- Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are 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 manor 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. RECEIVE® �T-r B. DESCRIPTION OF SITE AND PROPOSED ACTION OCT 2 12015 LV SCTM# - .51, - ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. M Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 0 construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: NZ Nature and extent of action- A5 � AfODf Location of action: '?ac Site acreage Present land use l�Lrfl�����L— Present zoning classification. 2 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 41�jC,q/1/Q��2 (b) Mailing address: P6 R9A!5� /24)AV IIA"e (c) Telephone number. Area Code( ) 0.3 20 -? .3P/O (d)_Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? �C1� Yes ❑ No X If yes, which state or federal agency? RECEIVED OCT 2 .1 2015 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No 5�1 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No u Not Applicable /x/127- A-1 eUIC,���t/l� Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 NoM Not Applicable /[.1 D NGS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 5e Yes 0 No 0 Not Applicable RECEIVED 2015 Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ' Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No X Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No XZ'�' Not Applicable OCT 2 _3 -209§ fVIIVG BOARD OF APPEALS PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl No� Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 7 Yes ❑ No JO Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No � Not Applicable EOEIVED OCT 2 Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ NoNot Applicable ,M6 4 6:,/ C0 c?"UR,,VL • D-7 Acv J'l27' 0/4 `AI A71zg�d Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No E? Not Applicable Created on 5125105 11:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) residing at tt6 A99, ylep, (Print property owner's name) (Mailing Address) d�30 do hereby authorize_ / C'�/,��L . �L/A144G/L (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. wner's Signature) - 64L (Print Owner's Name) RECEIVED OCT 212015 ZONING BOARD OF APPEALS �guf F04e Town of Southold 7/10/2015 oho �y� 53095 Main Rd Southold,New York 11971 - PRE EXISTING CERTIFICATE OF OCCUPANCY No: 37653 Date: 7/10/2015 THIS CERTIFIES that the structure(s)located at: 805 West Rd SCTM#: 473889 Sec/Block/Lot: 110.-7-4 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 37653 dated 7/10/2015 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: Wood frame accessory garage. The certificate is issued to Kofmas Alex 2011 GST Ex Trt RECEIVED (OWNER) OCT 2 12015 ZONING BOARD OF APPEALS of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 110.-7-4 PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. A rize Signa re BUILDING DEPARTMENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 805 West Rd SUFF.CO.TAX MAP NO.: 110.-7-4 SUBDIVISION: NAME OF OWNER(S): Kofinas Alex 2011 GST Ex Trt OCCUPANCY: ADMITTED BY: SOURCE OF REQUEST: Kofinas Alex 2011 GST Ex Trt DATE: 7/10/2015 DWELLING: #STORIES: 1 #EXITS: FOUNDATION: CELLAR: CRAWL SPACE: BATHROOM(S): TOILET ROOM(S): UTILITY ROOM(S): PORCH TYPE: DECK TYPE: PATIO TYPE: BREEZEWAY: FIREPLACE: GARAGE: DOMESTIC HOTWATER: TYPE HEATER: AIR CONDITIONING: TYPE HEAT: WARM AIR: HOT WATER: #BEDROOMS: #KITCHENS: BASEMENT TYPE: OTHER: ACCESSORY STRUCTURES: GARAGE,TYPE OF CONST: wood frame STORAGE,TYPE OF CONST: SWIMMING POOL: GUEST,TYPE OF CONST: OTHER: VIOLATIONS: REMARKS: INSPECTED BY: GARYF DATE OF INSPECTION: 6/27/2014 X,4/et]ME START: 11:00 AM END: 11:15 AM Lod q BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0��0�$�UTyOI 53095 Main Road•P.O.Box 1179 Eric Dantes ~ Southold,NY 11971-0959 Office Location: Gerard P.Goehringer w ae Town Annex/First Floor,Capital One Bank George Horning • ,^�aaa0 54375 Main Road(at Youngs Avenue) Kenneth Schneider `yCQU ��v Southold,NY 11971 o(Vi-14 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS f �`" � 3:�g TOWN OF SO UTHOLD SE'f— 8 201 Tel.(631)765-1809•Fax(631)765-9064 .ouVgkk RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION OCT 2 12015 MEETING OF SEPTEMBER 4,2014 ZBA FILE: 6774 ZONING BOARD OF APPEALS NAME OF APPLICANT:Alexander Kofmas,as Trustee _ PROPERTY LOCATION: 805 West Road(adj.to Peconic Bay)Cutchogue,NY. SCTM41000_7"5 4 '1 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 Conty Department of Planning issued its reply dated July 23,2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 31, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. As recommended in the LVW Memorandum, to mitigate the inconsistency the applicant shall install a perpetual Landscaped Buffer landward from the wood retaining wall and the applicant shall also remove the subject as-built storage structure and deck,all of which will make the proposed construction CONSISTENT with the LWRP. The Buffer shall be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs. Landscaped Buffer defined — A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90%for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property,trimming tree limbs up to a height of 15 feet to maintain view sheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. PROPERTY FACTSMESCRIPTION: Subject parcel is a conforming 41,164 sq. ft. located in a R40 zone. It is improved with a single family dwelling, accessory garage and accessory deck/storage deck. It has 140.00 feet of frontage on West Road, 285.32 feet along the cast property line, 140.59 feet on Peconic Bay and 303.3 feet on the west property line as shown on the site plan(S-1)prepared by Mark Schwartz,RA,dated August 13,2014. Page 2 of 3—September 4,2014 " ZBA96774—Kofinas SCTM#1000-10-7-4 BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B and Article III Section 280-15 and the Building Inspector's June 10, 2014 Notice of Disapproval based on an application for building permit to re-build a single family dwelling with pool surround, cabana and legalize an "as built" storage building with deck, at; 1) less than the code required bulkhead setback of 75 feet for all structures,2)"as built"storage shed and deck at less than the code required rear yard setback of 15 feet, 3) accessory pool cabana proposed iri location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to; 1.) To construct a new dwelling having a 55 foot bulkhead setback where the code requires a 75 foot setback, 2.)To maintain an as built storage structure with deck at a 10 foot rear yard setback where the code requires a minimum 15 foot setback and located with a 0 foot bulk head setback where the code requires a minimum of 75 feet,3.)To construct an accessory pool cabana in the side yard where the code requires a rear yard or front yard location for water front parcels. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on August 13,2014 submitted a plan increasing the bulkhead setback of the proposed dwelling to 62.2 feet. Additionally, the Board r6ceived a letter from the applicant's agent, dated August 27, 2014, stating that the applicant will remove the subject as-built storage structure and deck so as to clear this violation and variance request from the Notice of Disapproval,thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: A letter with concerns was received from an adjoining neighbor. A letter in support of the variances requested was received from a neighbor. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 7,2014at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed dwelling will be setback similar to other dwellings in this neighborhood. The adjoining property owners to the east and west have similar setbacks from the bulkhead to what the applicant proposes. 2. Town Law 5267-bQ)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance The proposed dwelling could be located at a conforming bulkhead set back, however this would require additional excavation and the removal of large mature trees. The proposed cabana in the side yard is the most feasible location due to proximity to the pool. 3. Town Law 4267-b(3)(b)(3). The variances granted herein for the proposed dwelling is mathematically substantial,representing 17.3%relief from the code.However,the proposed location is similar to what exists in the neighborhood and the proposed new dwelling will be set back further than the existing dwelling that is to be demolished. The variance granted herein for the accessory cabana is mathematically substantial representing 100% relief from the code. However,the cabana will have a conforming side yard setback location. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. RECEIVED OCT 21 2015 - -- ZDNING BOARD OF APPEALS Page 3 of 3—September 4,2014 ZBA#6774—Kofinas SCTM#1000410-74 6.Town Law§267-b. Grant of the relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a new dwelling with an accessory cabana, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson),and duly carried,to DENY as applied for,the new dwelling and as-built storage structure with deck. GRANT the RELIEF AS AMENDED and shown on the site plan IabeIed sheet S-1 prepared by Mark Schwartz, RA and dated August 13, 2014 as follows: the new dwelling with raised patio shall be setback no less than 62.2 feet from the bulkhead and the pool cabana shall be setback no less than 68.2 feet from the bulkhead. CONDITIONS: 1. The applicant shall install a perpetual Landscaped Buffer landward from the wood retaining wall. The Buffer shall be designed to encompass the existing vegetation west of the stairs and extend to an area comparable in width east of the stairs.The LANDSCAPED BUFFER area shall be staked prior to any construction on-site. 2.Pool mechanicals shall be placed is a sound deadening enclosure. 3.Drywell for pool de-watering shall be installed. 4.The as-built storage structure with deck shall be removed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 7. Any deviation from the survey,site plan andlor architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider, Horning Goehringer,Dantes, This Resolution was duly adopted(5-0). aneth der,Acting Chairperson RECEIVED Approved for filing / /2014 OCT 2 12015 ZONING BOARD OF APPEALS SOU�y® Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 P.O. Box 1179 CA roger.riche rt(_town.southoId.ny.us Southold,NY 11971-0959 C4UNN,� BUILDING DEPARTMENT TOWN OF SOUTHOLD CERTIFICATE OF ELECTRICIAL COMPLIANCE SITE LOCATION Issued To Alex Kofinas Address: 805 West Road City: Cutchogue St: NY Zip: 11935 Budding Permit#: Section: 110 Block: 7 Lot. 4 WAS EXAMINED AND FOUND TO BE IN COMPLIANCE WITH THE NATIONAL ELECTRIC CODE Contractor: AS BUILT DBA: License No: SITE DETAILS Office Use Only Residential Indoor Basement Service Only Commerical Outdoor 1st Floor X Pool New Renovation 2nd Floor Hot Tub Addition Survey X Attic X Garage X INVENTORY Service 1 ph Heat Duplec Recpt 4 Ceding Fixtures 7 HID Fixtures Service 3 ph Hot Water GFCI Recpt Wall Fixtures Smoke Detectors Main Panel A/C Condenser Single Recpt Recessed Fixtures CO Detectors Sub Panel 1-30 A/C Blower Range Recpt Fluorescent Fixture Pumps Transformer Appliances Dryer Recpt Emergency Fixtures Time Clocks Disconnect Switches 3 Twist Lock Exit Fixtures TVSS Other Equipment- AS BUILT--ELECTRICAL SURVEY--NO VISUAL DEFECTS Notes: RECEIVES ( 015 �ARIGI�NAL �ON FIl��yF� L Inspector Signature: Date: June 23 2015 81-Cert Electrical Compliance Form.xls SOUTHOLD BOARD OF APPEALS PRIOR FINDING, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR RETENTION OF EXISTING GARAGE IN PRESENT LOCATION Accessory Building in other that Rear Yard/ Front Yard if Waterfront 1. ZBA file: 3225 Approval allowing retention of "as built " garage in area other than required rear yard RECEIVED OCT 21 2015 ZONING BOARD OF APPEALS Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765.180,9I/ ACTION OF THE ZONING BOARD OF APPEALS RECEIVED [, Appeal No. 3235 0W4.�i 1 2095 6? Application Hated March 26, 1984 (Public Hearing May 17, TO: Richard F. Lark, Esq., as attorney [Appellant(s)] for GERTRUDE M. ALI -20NING BOARD OF APPEALS Main Road, Box 973 Cutchogue, NY 11935, At a Meeting of the Zoning Board of Appeals held on May 31 , 1984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a ( ] Request for Special Exception under the Zoning Ordinance Article , Section IX] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application for GERTRUDE M. ALI by R.F. Lark, Esq. , Main Road, Cutchague, NY for a Variance to t e oning Ordinance, Article -III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. The board made the following findings and determination: By this appeal , applicant seeks to retain the existing 20.1 ' by 22.4' wood-frame garage in its present location which is situated approximately 103 feet from the front property line and 1 .8 feet from the westerly side line. Under the rules of the zoning ordinance, Article III, Section 100-32, accessory structures are required to be in the rearyard area. Technically, the present structure will be in the frontyard area, approximately 18 feet forward of a proposed new, one-family dwelling structure which would be set back from East Road approximately 151 feet and 50 feet from the top of the bank, 90 feet from the wood bulkhead. This garage was built in 1915 and was accessory to the "main house" before the subdivision was commenced. This garage is the sole structure on this parcel now. The premises in question contains an area of 42,708 sq. ft. and is known and identified as Lot No. 1 of Minor Subdivision of "Moebius Associates, Section Two at Cutchogue" approved by the Planning Board November 29, 1982. It is noted that Covenants and Restrictions are recorded at Liber 9317, page 396 in the Office of the Suffolk County Clerk requiring "...no residential structure be . . .located within 50 feet of the top edge of the bank. . .." The board members are familiar with the property in question as well as the surrounding properties. All testimony has been carefully considered. In considering this appeal , the board also determines: (a) that the relief requested is not substantial; (b) that by granting the requested relief, the character of the neighborhood will not be adversely affected; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities CONTINUED ON PAGE TWO) DATED: June 18, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal no: 3235 Matter of GERTRUDE M. ALI --- Decision Rendered May 31 , 1984 of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki , it was RESOLVED, that Appeal No. 3235, application for GERTRUDE M. ALI for permission to retain existing garage as exists in the frontyarif area, as an accessory storage/garage use, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1 . This garage structure remain accessory for storage purposes (not for living or habitable sleeping quarters); 2. This matter be referred to the Suffolk County Department of Planning in accordance with Sections 1323, et seq. of the Suffolk County Charter. Location of Property: South Side of East Road, Cutchgoue, NY; County Tax Map Parcel No. 1000-110-07-018; Lot No. 1 , Minor Subdivi- sion of "Moebius Associates, Section Two at Cutchgoue," New York. Vote of the Board: Ayes: Messrs. Goehringer, Douglass and Sawicki . (Members Doyen and Grigonis were absent.) This resolution was adopted by a unanimous vote of a quorum of the members present. ! P.ECEIVED AND FILED BY -R i�`�"IRM THE SOUTHOLD TOWN CLERK June 19, 1984 DATES/6 OW HOUR /O;14�44 Town Clerk, Town of old tow, RECEIVED OCT 2 12015 ZONING BOARD OF APPEALS N/O/ F PA1tAVARONE (DWCLUNG PUDLIC WATER) 50'SETBACK HAY ALES/ FROM BULKHEAD SILT FENCE f 1 I' W ,b 18' 20 f 22 ' 24 ' 't/ 28 f 3D 3 03.3' 32/ vv - i PROPOSED 1 V _ ST HOLE -♦ fO�^NO`T"""'''"p'u LIMITS OF / - ■ �(I EL 41' I EP 1 / „,,,,,r"r'.�,or n"".viniw EAR G / ♦ ASPHALT OR / COBBLESTONG PROPOSED CONC. 8 V!EPS 6 ♦"'^'"i PROPOf[D / / ♦-• WAIMAYM"AD / SEPTICSYSTA / /PROPOSED 'diaYWEL ^n1 i1 / ,,MPERVJOUS ! I i PROPOSED P R / / Q), ••..fl'..; .^ / ,I bRNE6VAY 3q 1 690' / 40 in a 15.1' .0' �: r \ 137.9;'. ' - — PR6POSED >—♦ ' / RAISED PROPOSED AKIS7ING ftlpTlC TO UQ ...r.wh1Uw,,,y1 -'r 1 1 3DR WELL O 1 • n,E=n.,ro.d•+�1 DRYWELL LIMITS OF / CANTER REMOVAD Pfl ff,Nbt kE - "4,•won .r+ \\ / ♦ X/ a I PATIO F I � �:.ry ;, , � CLEARING 3a 7a' PIR ,n I ! I _ / .t = 4 ON-7vef 1 1 0 3 — vl C, 1 o BUFFER \V t LOCATION I / 1 / l PROPOSED 2 STY. Pnoloswo / PROPOSED W POOL FRAMED I IOUSE .� If,...r , ORIVQWAv ` 1 /` / V , / / _. Jaen p1..6'd..p �A ff��EE 62.5' I 5,2', j p / RYWLLL lu OSED / / / 36 h 1 4 20.0' ;I ,I .T U' all' �� PARKING /' ? ( / �-- 4• 1ti'9' t7URT ' 70P SOIL :.. 2 i Ci LOC�TION / / V1 ! 1 PROPOSED ;,I PROp6SBD h I ;;/ RAISED SCREENED /I va ! a PATIO / PORCH PROPg/••�s t) TANA ftI1NKJNTIE / / > -4UM1F OF I � GARAICIE ® ' / O ! CLEA NO / 116,6 O T 1 11_li t R ' W / I , � � - - ' hN u111; "7 PROPOSED- EXTEND CABANA / A U'dia,6dep ROO D EXISiINd 692DRYWELL IIL n,MI'VIv . ♦ � e,a'J..p // - + OL-. LP- Q, O ♦ RYWALL _ \ l O 1,. ,,,,1 1 1 ♦ i / / / / PROP611 t Ity�l Qq'OIQUP otimWAY ' l / N ♦ i ♦I i d1m,''A CATCH / r / CAN / y E� / P r•, din.'j'daap rdl.,7'dnap R tl 128 . E •P� 1 WANING WALI, S 26°24'30" E PRwroA s�urlD AttaNUAr1�N LIMfTI f3Y SD'SETBACK SURROUND FOR POOL JQt)IPMANT H N, FROM BULKHEAD ((�������( (UNDNaI,APf3q) Ir�`C�i'V11c — �V H TE DATA: SCTM # 1000-110-07-0 DESCRIPTION: �Q. FT.AREA: LOT COVERAGE! OXCAVATItl IIII.LI C, , , N \[ \� ®o PROPERTY: 41.184 SQ FT. 91 ACkfdL (CESSIlOr~11,I�t1) �®OF PP PROPERTY WETLANDS' 1,218 SQ.FC. 4 �u°"'0*'"�"' "�, 80 BUILDABLE PROPERTY' 39,966 SQ.FT .e ESTIMATED AREA OFy ; GROUND DISTURBANCE 70,000 SQ.FT. + SITE KAN y P)(ISTING DLTACI IFD GAIW& 393 7 SQ 1'T, ,---101iU V XI%JINC,UIIIKI!FAO PI SI t K 4114%() I'T. 1,(141, .^ - _ M �,1(Anl r. 1,11 P,g 0'-0E (1)Alex Kofinas,as TrusteeTaken Sept.23,2015 Looking 50 ,ate (2)Alex Kofinas,as Trustee Taken Sept.23,2015 Looking WSW .y� • f � `�'' . X41 i+"= ..s ; w . • t-.m��+ / r i OMAN (3)Alex Kofinas,as Trustee Taken Sept.23,2015 Looking North f {4)Alex Kotinas,as Trustee Taken Sept.23,2015 Looking NNE Q9 .w.+ y_ k.i ilq 0n+'E'. ..y,M^e"wT^H'!p1AA— x ■■■■�����■�®��■ � ■ r *�i ,+�7ay�'� 4�M 7•t �, * :`�����4� 11 ±a74"�4'a�.v' ry.M...y ■■■■■���■������■■■■■ ■■■■ Z- EMOMMEM■■■■■ ■■■■ � ■«M■■■■■■■■■ .� ■■■■ �_MEEME■■■■■■■■■ ■■■■■■■©M■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ Q • Foundation--- Moll= Interior Finish Fire Place r Rooms I st Floor Rooms 2nd Floor i T + I l• ® FOLL4t ELIZABETH A.NEVILLE,-MMC ��® �y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA Southold,New York,11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �° �° � Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER + OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals I FROM: Elizabeth-A.Neville i i DATED: October 22, 2015 RE: Zoning Appeal No. 6893 i Transmitted herewith is Zoning Appeals No. 6893 for Alexander Kofmas-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 Alexander Kofinas, as Trustee, Agent/Representative Transactional Disclosure Form from Michael A. Kimack, as Representative, LWRP Consistency Assessment Form;Board of Zoning Appeals Application Authorization from Alexander Kofinas for Michael A. Kimack,Notice of Disapproval to Michael Kimack(Kofinas) Dated October 15 of 2015,Pre Existing Certificate of Occupancy for No. 37653 Dated July 10 of 2015; Findings, Deliberations-and Determination Meeting of September 4 of 2014 for ZBA File 6774, A Copy of the Certificate of Electrical Compliance for Site Location 110.-7-4, Prior Finding, Deliberations and-Determinations Request for Variance for Retention of Existing Garage in Present:Location;Action of the Zoning Board of Appeals for Appeal No. 3235; Application Dated March 26 of+19.84 (Public Hearing May 17 of 1984), Site Plan of Proposed Structure, 2 Pages of Photos,-Town of Southold Property Record Card for Tax Map No. 1000-110.-7-4, 6 Pages of Drawings-.Page 1 is a'Drawing of the Site Plan and Site Data; Page 2 is a Drawing of the North Elevation;,Page 3'is a Drawing of the West,Elevation; Page 4 is a Drawing of Existing South Elevation and South Elevation; Page 5 is a Drawing of East Elevation; Page 6 is a Drawing of the Floor Plan. j • i i I I i i I ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing,of Application and Check for Processing) ,I DATE: 10/21 /15 i ZBA# NAME CHECK# AMOUNT TC DATE STAMP I RECEIVED Kofinas, Alexander as i Trustee 12241 $250.00 OCT 2 2 2015 $�3 Southold Town Clerk 1 I , r.MICHAEL`A. KIMACK ATTORNEY AT-LAVU�n:y_ i 321 RIVERSIDE DR - _ r RIVERHEAD,NY•11901;2418` 1-2 ' •DATE 2io2� _ y. PAY TO THE I $: — 0 v li'•:. O DER OF .., ���' _ i DOLLARS CHASE S - ' - !-- jpmiigan Chase Bank NA { _FOR 1 / * * * RECEIPT * * * Date: 10/22/15 Receipt#: 194224 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6 g93 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#1224 $250.00 Michael A. Kimack Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kofinas, Alexander 86 Abbey Rd. Manhasset, NY 11030 Clerk ID: SABRINA Internal ID:6693 _s SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR ALTERATIONS TO EXISTING NON CONFORMING ACCESSORY GARAGE FOR ALEXANDER KOFINAS, AS .TRUSTEE (1000-110-7-4) ACCESSORY GARAGE 1. ZBA File: 2775 Approval to construct a 24' x 12' x 7' high Carport in the front yard, which was modified, after ZBA approval, with the approval of the building inspector, to a two story structure 24' x 28' x 18' in height. The board approved the modified building on the condition it shall not be used for living quarters by removing accommodating facilities. This garage is adjacent to the Kofinas property on the east side. 2. ZBA File: 2471 Approval for construction of 3 stall carport partly in the side yard and partly in the front yard. The carport shall be no closer to west road than the adjoining carport. This is the same property as above. 3. ZBA File: 232 Approval for garage to be located in the front yard with a reduced setback. The garage across the street is located only 3 ft. from the road and said garage would be setback further than most in the area.further than most in the area 0 1� RECEIVED DEC Q 7 205 5OARD OF APPEALS t Ile c2PO A„D&�,)oCb POa J S 6--a 9 -- eavS%2vc— GAGE /I-A)0 j o2eO-/16 - ,s 1%� P � 0) BOARD MEMBERSSouthold Town Hall *pF SO(/l�, Leslie Kanes Weisman,Chairperson h�� DSO 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 James Dinizio, Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'p a�� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCQU�(,N Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION Q� MEETING OF JANUARY 19,2012 ZBA FILE: 6529 NAME OF APPLICANT: Dorothy and Stefan Kotylak PROPERTY LOCATION: 280 Pine Wood,Cutchogue NY SCTM#1000-110-2-15 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type I1 category of the State's List of Actions, without further steps under SEQRA. 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 parcel contains 14,929.5 sq. ft. and is improved with a single family dwelling and an accessory one car garage. It has 100.00 feet of frontage on Pine Wood Road, 150.00 feet along the southern property line, 100.08 feet along the western property line and 147.23 feet along the northern property line as shown on the site plan dated November 9,2011 prepared by MCH Design Services. BASIS OF APPLICATION: Request for Variance from Article III, Code Section 280-15, and the Building Inspector's November 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an accessory garage, at: 1)more than the code required maximum square footage of 660 sq. ft. on lots up to 20,000 sq. ft. RELIEF REQUESTED: The applicant proposes to construct addition and alteration to the existing accessory garage with a total square footage of 848 sq. ft. where the code allows a maximum of 660 sq. ft. on lots up to 20,000 sq. ft. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5,2012 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(I). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new enlarged garage will match the architectural character of the existing residence and is in keeping, in both size and appearance, with other homes with detached garages in the neighborhood. 1 � Page 2 of 3—January 19,2012 ZSA File#6529-Kotylak CTM 1000-110-2-15 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant seeks to expand an existing detached garage with a modest addition in order to allow room for another bay to park a car and store some lawn equipment. If the applicant were to be made to comply with the existing code requirements he could build a completely separate building in a conforming location of his property and keep the existing garage. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 28.5% relief from the code. However, if the applicant were to construct an additional building in a conforming location of the lot the result would be that a major portion of the rear yard would be devoted to driveway space to allow for the ingress and egress of any vehicle using this new structure. The board agrees with the applicant that the current location of the garage with the proposed addition would allow for better use of the rear yard. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will be required to maintain drainage on site as per code 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created, in so far as the applicant is requesting to increase the size of the existing accessory garage beyond the maximum permitted by code for his lot size. However,granting the variance as applied for would eliminate the need for an additional building on the property. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged accessory garage 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 267-13, motion was offered by Member Dinizio, seconded by Member Goehringer,and duly carried,to GRANT, the variance as applied for, and shown on the site plan dated November 9, 2011 prepared by MCH • Design Services and architectural drawings labeled sheets 2-4 dated November 9, 2011 prepared by MCH Design Services. Subject to the following conditions: Conditions: 1. Garage shall remain unheated. 2. Garage shall only contain the utility of electric. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Page 3 of 3—January 19,2012 ZBA File#6529-Kotylak CTM' 1000-110-2-15 Vote of the Board- .oyes Members Weisman(Chairperson), Goehringer,Schneider,Dtnizio, Horning. This Resolution was duly adopted(5-0) Leslie Kanes Weisman,Chairperson Approved for filingC� ,_/ �d /2012 110 _.__.fest _l�d.� S�atchoie_ ..__. --•-1,/22/_$1..; a -amend a previous 2lat son of this Board ..'• � •-- •-ma8e--arr-�J�28/T8"'in• '�pp�81�:-247f -tts---permit •� the-constrUation.09.-an-accg. -bldg.. • garagel . . With rooms, and to review i _ _determi_nnati_ons _ ^ made by the Buildinc- aspector_co- cernsng - r_. __this$eco:-bzdg-: �A�. fi �nclu3es a-garage-wit-h ,GAP;w?*aC3A.►!�G°//A.E�GE.s ��y WesT X-2 i I _ Ok ' - - TOWN OF SOUTHOLD, NEW YORK DATE ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2775 Application 1 Dated December 26, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard F. Lark, Esq. Appellant Attorney for Charles A. Brautigam Main Road, Box 973, Cutchogue, NY 11935 at a meeting of the Zoning Board of Appeals on March 12, 1981, the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-32 granted ( ) be dened pursuant to Article ..... .. .... . Section ........ ...... Subsection .. ............. . .. .... .. of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Application of Charles A. Brautigam, 46 Benson Road, Glen Rock, NJ 07452 (by Richard F. Lark, Esq. ) for Variances: (a) to amend a previous decision of this Board made on 9/28/78 in Appeal No. 2471 to permit the construction of an accessory building (garage) with rooms, and (b) to review deter- minations made by the Building Inspector concerning this accessory building which includes a garage with rooms; Art. III, Sec. 100-32. Location of property: West Road, Cutchogue, NY; more particularly designated as County Tax Map Item No. 1000-110-7-6 and bounded north by West Road; west by Lister and G. Fleet Estate; south by Cutchogue Harbor; east by Bicker. (SEE ATTACHED) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE ATTACHED) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and to the same use district because (SEE ATTACHED) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE ATTACHED) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 EX 'BIT z Appeal No. 2775 - Charles A. Brautigam The following are the findings and determination of the Board made at a Regular Meeting held March 12, 1981: This is an appeal from a stop order of the Building Inspector which directed the suspension of all work on an accessory structure under Building Permit No. 9961 Z, dated October 3, 1978. Appellant seeks the following relief: (1) the amendment of a variance granted by this Board on September 28, 1978 [Appeal No. 24711 ; (2) a review of the Building Inspector's action in issuing a stop order and revok- ing a previously issued permit. The facts leading up to this Appeal are as follows: By application dated August 30, 1978, Appellant applied to the Building Inspector for a building permit to construct an open carport on his property (1.1 acres) located on the south side of West Road at Cutchogue. The application stated that the carport would be 25 feet by 12 feet in size and 7 feet in height, to be used for two or three cars. The estimated cost was $1,000.00. The Building Inspector disapproved the application upon the grounds that "Accessory (carports) are only permitted in a rear yard. Not permitted in a front and/or side yard as you propose." By appeal dated August 31, 1978, Appellant appealed to this Board seeking a variance to Section 100-32 of the Zoning Code to permit the location of the carport in the frontyard area. This Board, after a public hearing, granted a variance "to construct a carport in the frontyard area." Thereafter, on October 3, 1978, the Building Inspector issued Permit No. 9961 Z to "build a carport as approved by the Zoning Board of Appeals 42471." It would appear from the plans on file that the Building Inspector approved one or more amendments and/or revisions to the plans for the accessory structure, either by mistake, or upon the belief that he had the authority to permit such revisions. There appears to be no dispute that the structure, as built, does not conform to the type of structure specified in the original appli- cation for a building permit and upon which this Board relied when it granted the variance on September 28, 1978. The Board members have visited the premises and viewed the structure which is sub- stantially completed. The carport as originally applied for and upon which the Board acted in September 1978 has now evolved into a two-story structure 24 feet by 28 feet in size, 18 feet high (applicant apparently proposes to raise the grade along the front of the structure [street side] to comply with the 16-foot maximum height requirement of the Code) . The first floor has two 9-foot door openings for two cars. The second floor contains a 24-foot long living room, a complete bathroom, and one bedroom. A 28-foot long by 5-feet 4-inch wide outside deck extends across the front (waterfront side) of the second floor, access to which is gained by two 8-foot sliding doors, one from the bedroom and one from the living room. A brick chimney is erected for a stove on the second floor. Access is gained to the second floor by an outside stairway. The construction cost to date exceeds $28,000.00. Except for the installation of cooking facilities, the second floor of this accessory structure presently has all of the house- keeping facilities to qualify it for a dwelling unit as defined in the Zoning Code (Sec. 100-13) . If it complied with all other applicable provisions of the Zoning Code, and if cooking facilities were added, it could be used for single-family dwelling uses. However, this is not the case. The Bulk Schedule forming a part of the Code requires 850 sq. ft. of living area. The second floor i of the structure contains only 672 sq. ft. and thus does not meet Appeal No. 2775 - Charles A. Brautigam (continued) this requirement. The Code does not permit accessory buildings to be used for dwelling purposes (100-30C) . The Code also allows only one, one-family dwelling on each lot [100-30A(1)] . To permit the second floor of this accessory building to be used and occupied for dwelling uses would have the affect of permitting two dwellings on one lot, a use which is not per- mitted by the Zoning Code, and a use which the Building Inspector has no authority to allow. The Appellant, in this appeal, requests that the Board amend its previous decision to allow the accessory structure, as built, to be completed and to revoke the Building Inspector's stop order. Appellant concedes that the building does not con- form to the 1978 variance granted by this Board. Appellant also admits that his plans were changed "from a simple garage to a garage with rooms overhead. " Appellant's reason for such change in plans was "to construct one small bedroom/living room/bathroom combination over the garage. " Appellant claims, as a hardship, that the main house is not insulated and has no heating plant and that the construction of heated living facilities over the garage would permit the use of the premises during that portion of the year when the main house is closed. No cost figures were presented as to the expense of installing heat and winterizing the main house. However, Appellant claims he has already expended in excess of $28,000 on the new accessory building. Appellant in his petition and at the hearing on this appeal claims that his present plight was caused by the actions of the Building Inspector in approving his revised plans and that he, in good faith, relied upon the acts of the Building Inspector. However, the fact that completely revised plans were presented to the Building Inspector for his approval five days (3 working days) after this Board granted the original variance, casts doubt on such claim. On the other hand, it cannot be denied that the actions of the Building Inspector, to some degree, may have contributed to the circumstances in which the Appellant finds himself. It is the determination of this Board that to permit the second floor of the accessory structure to be used for living facilities would, in effect, allow a use not permitted by the Zoning Code, since the result would be to permit two dwellings on one lot. A use variance may only be granted upon proof of hardship, which has not been demonstrated by the Appellant. It is also the determination of this Bdard that an economic burden would be imposed on the Appellant, if he were required to alter the structure to conform to the original application for a building permit. Accordingly, on motion made by Mr. Grigonis, seconded by Mr. Sawicki, IT IS RESOLVED, that the structure shall be allowed to be completed, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory structure shall not be used or occupied as living quarters, which shall be construed as prohibiting the use of the building for sleeping, cooking or eating purposes, or the installation of facilities for such purposes. 2. The Appellant shall comply with the recommendations of the Suffolk County Department of Planning contained in its letter dated February 5, 1981, (S.C.P.D. File No. SD-81-2) , as follows: Appeal No. 2775 - Charles Brautigam (continued) (a) Accessory building shall have no kitchen facilities; (b) There shall be no renting or leasing of the accessory and main buildings on the premises; (c) An application for renewal shall be submitted annually subsequent to inspection by the Town Building Department; (d) There shall be no subdivision of the premises. 3. Appellant shall permit the Building Inspector to make such additional inspections of the premises and accessory build- ing as he deems appropriate. The stop order issued by the Building Inspector is revoked and the Building Inspector shall permit construction to be com- pleted, consistent with this determination. Location of property: West Road, Cutchogue, NY; bounded north by West Road; west by Lister and G. Fleet Estate; south by Cutchogue Harbor; east by Bicker. County Tax Map Item No. 1000-110-7-6. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goehringer and Sawicki. Absent was: Mr. Doyen (due to illness) . APPROVED �12anc.C� i 9 r 9�l Chairmaa Board Appea13 RL':3IVED 1iP;D FLED BY Ti�, �OU'L�_C�.D TO ,Z7 CLEPui L_o rl�`�1�� DOUR 3%3yR.Clzrl;. Tern of S .,.,�;d � I :5-s=.s:�p:+..:t..t=l—Y_ -._n_au�JscJYr'.J'� -_ .r�-rw:.` t= _`�:.�c_...-�.� ,6,PtK.�,�A,►�, Cays�,e��s - si� • TI i�A I b L _..- ._-.. --. . - - - - - - - -• - - .. ..__. _ . -- - � � a��s __._ ---..�_ 1. i�[�q�s� _.sT�P�c-Ta�2�- w,i��r/_--�Qo•✓s--- -(��--3�j`-�-•--� i � o�S��. _...-- ---.__-- - - .-. i _.___.___.__....___- ---------__._.Y.___.._�._.._.__._..__..___�______._., TOWN OF SOUTHOLD, NEW YORK DATE OC 1 ► 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2471 Dated August 31, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Charles A. Brautigam Appellant 46 Benson Road Glen Rock, New Jersey 07452 at a meeting of the Zoning Board of Appeals on September 28, 1978 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................... Section ................... Subsection .. .............. paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50 P.M. (D.S.T.) Upon application of Charles A. Brauti- gam, 46 Benson Road, Glen Rock, New Jersey, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: West Road, Cutchogue, New York, bounded on the north by West Road; east by Gustave Buckert; south by Bay; west by George H. Fleet Estate. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE AP,0PRO ED ZONING BOARD OF APPEALS FORM ZB4 C irman rd of ppea After investigation and inspection the Board finds that the applicant requests permission to construct a 3 stall carport to be located partly in the side yard and partly in the front yard to house 2 antique cars and his family car. The size of the carport will be 25 feet by 25 feet. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED that Charles A. Brautigam, 46 Benson Road, Glen Rock, New Jersey, be GRANTED permission to construct a carport in the front yard area. Location of property: West Road, Cutchogue, New York, bounded on the north by ,West Road; east by Gustave Bickert; south by the Bay; west by George H. Fleet Estate, subject to the following conditions: (1) The carport shall be no closer to West Road than the adjoining carport on the Lister property. (2) The carport shall be no closer than 5 feet to the westerly line of the property. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. RECEIVED AND FILED BY THE SOUTHOLD TOWN CMI RK DATVO/r %8 HOUR d.00, M T�erk, Town cf Southold U : ; _ - e e 4. - - i i TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATEXQ'WeMbBX..2.) 1959 Appeal No. 232 Dated October 171 1959 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Mr. Henry W. Lauber To Pequash Avenue Appellant Cutchogue, New York at a meeting of the Zoning Board of Appeals on Thurs., October 29, 195) the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance, 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article................ Section ................ Subsection................ paragraph ................ of the Zoning, Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:00 P.M. (E.S.T.), upon application of Henry W. Lauber, Pequash Avenue, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 Subsection 71 or permission to locate private garage with reduced setback. cation of properyt: Pequash Avenue and Southern Cross Road, Cutchogue, New York, bounded north by L. DeLucia east by F'leet's Neck Road, south by Southern Cross Road, and west by G. H. Fleet Estate. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (imakIRZtproduce undue hardship because property west of-the house slopes sharply uphill and it would make it difficult to get access to the Town Road in inclement weather. (b) The hardship created (is) unique and 1)ll (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use'district because property across the street has a garage located only 3 ft. from the road and generally this garage would be setback further than most in the area. (c) The variance (does)Idductia observe the spirit of the Ordinance and 30IMM (would not) change the character of the district because applicant intends to erect a garage which will conform to the general appearance of his home and erect a breeze-way attaching it to the house in the near future. and thereforeu it was further determined that the requested variance($)be granted( )be denied and that the previous decisions of the Building Inspector ( ) be confirmed (M be reversed. Location of Garage: In line with existing dwelling, approximately 31 ft. 6 in. from the southern property line on Southern Cross .Road. PQQR�VEO ZONING BOARD �I OFAPPEALSPPEA . ken FORM Z84 gW tary 1: 1 , 1 .1 4� 1 wr T.- f t A'; H� Fr � P I Y .< (3)kofinas �r { Taken dec.5,2015 1875 West Creek Road 110-2:approx.1600 feet , r rt ak'V �z Taken Dec.5,2015 92 East Road 110-7:approx.1000 ft.- ' 4 .�_ -��FSP - � ���.fy '� + , � +4¢! • - - - r - �� .. f �''L--� •%Y �`�:�' �•' _ X�^ t }. v J'7'.-• \�'y��*'4`R .T'i �-ic - .� Tyi ^.S ,,,wIN1`,..IIL(4� �.- c 1 , r �a / BOARD MEMBERS _ 4` Southold Town Hall - ®�QF $®(/��� 53095 Main Road-P.O.Box 1179 Leslie Kanes Weisman,Chairperson Q ® Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®(CNV 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, DECEMBER 3, 2015 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, DECEMBER 3, 2016: 10:10 A.M. = ALEXANDER KOFINAS, AS TRUSTEE #6893 - Request for Variance from Article , XXIII Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construction alterations to existing nonconforming accessory garage, at: proposed alteration creates new nonconformance, located at: 805 West Road (adj. to Peconic ,Bay) Cutchogue, NY. SCTM#1000-110-7-4 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the`day of the hearing. If you have questions, please contact our office at (631) 766-1809, or by email: Vicki.Toth(aD-Town.Southold.ny.us Dated: November 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 rlvTli,. E U' F HEAR1i4k'j The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME KOFINAS , ALEXANDER - TRUSTEE #6893 MAP # 11 0 . -7-4 VARIANCE INCREASE IN NONCONFORMANCE REQUEST ALTERATIONS TO EXISTING NONCONFORMING ACCY GARAGE DATE : THURS DEC . 3 , ' 2015 1 0 : 70 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 . l � Michael A. Kimack ATTORNEY AT LAW RECEIVED P.O.Box 1047 AUG 1"7 2016 Southold,N.Y.11971 Cell No. 516-658-6807 ZONING BOARD OF APPEALS _ E-mail: mkimack2gverizon.net August 15, 2016 To: Zoning Board of Appeals Subject: Kofinas Application to Renovate Garage at 805 West Road, Cutchogue,N.Y. AT the previous hearing for the above referenced application, the board determined they could not issue a permit for said garage until they were assured there were no outstanding violations. Permit# 6774 was issued that required the removal of an"as built" storage building and decks. Attached find a photo I took on August 16, 2016 which is of the area where the as built structures had been. The photo clearly shows that the structures have been removed in accordance with the permit. As such, I respectfully ask that the garage application be placed back on the agenda at your earliest convenience. Sincerely Michael A. Kimack, Agent i 1 4. 1 y.. T.• •f"r^l�F� BONNE K oft LZ '! � �,�y�1 ��:/ i►n ..gid W00 % ? � !� Fuentes, Kim From: Fuentes, Kim Sent: Monday, August 29, 2016 10:43 AM To: Duffy, Bill; Eric Dantes; George Horning; Gerard Goehringer;Jerry Goehringer-2nd Qpgnfli@gmail.com); Schneider, Kenneth;Weisman, Leslie Subject: Alex Kofanis#6893m 805 West Road, Cutchogue Attachments: 20160829093236.pdf Hi, The attached are certificates of occupancy received from the Building Department this date issued to Alex Kofanis after the applicant conformed to all requirements. On December 3,2015, (portion of minutes attached)the matter was adjourned without a date until all conditions of previous approval (#6774) have been met. We are now able to reschedule the hearing for October 6, 2016. A hardcopy will be placed in your inbox. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 i 4%2 42 � � air' � sufFalA Town "uthold ' ° 8/29/2016 AUG 2 P.O.Box 1179 2016 T 53095 Main Rd -(� � Southold,New York 11971 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 38445 Date: 8/29/2016 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 805 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-74 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/14/2014 pursuant to which Building Permit No. 39390 dated 11/26/2014 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with roof mounted solar panels,unfinished basement, covered screened porch, trellis covered porch, covered porch, attached two car garage and stone patio as applied for per ZBA#6774, dated 9/4/14. The certificate is issued to Kofinas Alex 2011 GST Ex Trt of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-14-0076 02/05/2016 ELECTRICAL CERTIFICATE NO. 39390 Jan 13 & 14, 2016 PLUMBERS CERTIFICATION DATED 02/10/2016 Jack Gismondi Auth zed Signat re RECEIVED X:�gUFF�(,t o Town �,-uthold AUG 2 9 2016. 8/29/2016 P.O.Box 1179 n 53095 Main Rd ZONING BOARD OF APPEALS o�- ''Y Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 38468 Date: 8/29/2016 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 805 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-4 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/14/2014 pursuant to which Building Permit No. 39390 dated 11/26/2014 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 in ground swine ingpool with fence to code as applied for per ZBA#6774, dated 9/4/2014. The certificate is issued to Kofinas Alex 2011 GST Ex Trt of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 39390 8/9/2016 PLUMBERS CERTIFICATION DATED A t rized Si re `VFFQ( RECEIVED Town u. 8/29/2016 U:;uthold w o x P.O. Sox 1179 AUG 2 2016 T fj 53095 Main Rd v� "\,-, Southold,New York 11971 ZONING BOARD OF APPEALS ,t�1 � $yet CERTIFICATE OF OCCUPANCY No: '38446 Date: 8/29/2016 THIS CERTIFIES that the building POOL HOUSE Location of Property: 805 West Rd, Cutchogue SCTM#: 473889 Sec/Block/Lot: 110.-7-4 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 6/14/2014 pursuant to which Building Permit No. 39390 dated 11/26/2014 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 pool house with attached pergola as applied for per ZBA#6774, dated 9/4/2014. The certificate is issued to Kofinas Alex 2011 GST Ex Trt of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-14-0076 02/05/2016 ELECTRICAL CERTIFICATE NO. 39390 1/13/2016 PLUMBERS CERTIFICATION DATED 02/10/2016 Jack Gismondi Autho ' d Signatu Page 3-Minutes Regular Meeting held December 3,2015 Southold Town Zoning Board of Appeals (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Dantes, to do.-se,the hggring reserving decision subject to receipt of surve-YI-site Plan showing nngssary acreage.Vote of the Board:Aves:All.This Resolution was duly adopted(4-0).Member Schneider recused himself. 10:26 A.M.Motion was offered by Chairperson Weisman,seconded by Member Schneider, to take a short recess.Vete of the Board:Ayes:All.This Resolution was dulv ado to (5-0). 10:32 A.M.Motion was offered by Chairperson Weisman,seconded by Member Schneider,to reconvene the Public Hearings.Vote of the Board:Ayes:All.This Resoll1ton was duly adopted(6-0). PUBLIC HEARINGS (continued): The following public hearings were held,with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:33 A.M. -BEN and DIANE BENEDIKTSSON#6900 by Pat Moore,Agent. Request for Variance from Article III Code Section 280-150 and the Building Inspector's April 6, 2015, renewed October 1, 2015 Notice of Disapproval based on an application for building permit to construct an accessory garage, at; 1) square footage of more than the maximum code allowed of 750 square feet, located at. 1655 Evergreen Drive Cutchogue, NY. SCTNI#1000-102-1-4.5.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goebringer, to adjourn the hearing to December 17, 2015, subiect to other variances of oversize garages.Vote of the Board:&es:All.This&sobAipn was dial y adopted(5-0). .11:04 A.M. - ALEXANDER KOFINTAS, AS TRUSTEE #6893 by Mike Kimack,Agent. Requestfor Variance from Article XXIII Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construction alterations to existing nonconforming accessory garage, at: proposed alteration creates new nonconformance, located at. 805 West Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-110-7-4. BOARD—ERSOULTM: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Tivrember Schneider, to adiourn the bearing without a date until all conditions of previous,gLangt (#6774) are netrandsubiect to info on other accessories in front yard-ip-the neig7bborb!2od.Vote of the Board:Ayes:All,This Resolution was duly adopted(5-_0) 11:26 A.M. -GIOIA TURITTO and NABIL EL SHERIF#6899 by Mike Kimack,Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit for accessory gazebo and 'as built' accessory shed, at; 1) accessory gazebo proposed in location other than the code required rear yard 2) 'as built' accessory shed located in other than the code required rear yard, located at: 1800 Park Way and 40 Beachwood (adj. to Goose Creek) Southold, NY. SCT11A9s 1000-70-10-61.1 & 62.1. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer, to-c-Lo-se the hearing subject to size of shed;location of Page 3-Minutes Regular Meeting he d December-3,2015 J Southold Town Zoning Board of Appeals (please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Dant6s, to close the hearing reserving decision s j„ect to receipt of suTTey/site -olan showine necessary acreage.Vote of the BQard:Ayes:Ail.This Resolution was dulv qoopted(4.0) Member Schneider recused himself. 10:26 A.M.Motion was offered by Chairperson Weisman,seconded by Member Schneider,to take a short recess.Y_p_tQ of the Board:Ayes:All,This Resolution was duly adopted (5-0). 10:32 A.M.Motion was offered by Chairperson Weisman,seconded by Member Schneider,to reconvene the Public Hearings.Vote of the Board:Ayes:All.This Resolution wgs duly ad d,(5-0). PUBLIC HEARINGS(continuedh The following public hearings were held,with Chairperson Weisman introducing each application and reading of the Legal Notice as published: 10:33 A.M. - BEN and DIANE BENEDIKTSSON#6900 by Pat Moore,Agent. Request for Variance from Article III Code Section-280-1.50 and the Building Inspector's April 6, 2015, renewed October 1, 2015 Notice of Disapproval based on an application for building permit to construct an'accessory garage, at, 1) square footage of more than the maximum code allowed of 750 square feet, located at: 1655 Evergreen Drive ca Cutchogue, NY. SCTiVI#1000-102-1-4.5.BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goebringer, -2 adjourn the hearing to December 17, 2015, subject to other variances of oversize '3 garages.Vote of the Board:Ayes:All.This Resolution was dulyed(5 adopt --Q). 11:04 A.M. - ALEXANDER KOFINAS, AS TRUSTEE #6893 by Mike Kimack, Agent. Request for Variance from Article MI Section 280.122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construction alterations to existing nonconforming accessory garage, at: proposed alteration creates new nonconformance, located at: 805 West Road (adj. to Peconic. Bay) Cutchogue, NY. SCTiM#1000-110-7-4. BQARJT� R-F,-S-QLU-TI10-X.' (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offere-d—byChair person Weisman, seconded by Member 67- 13 Vio Schneider, iourn-it he hear e ing W'IthQut a da�t Eall7c con -M U--,5- ant r—(#6,774) a ' '-i--et and �J�u—et�to.- fnf6��on other accessclries in,-:1ront-'-vatd,`i'n Ime!,r�- 11:26 A.M. -GIOIA TURITTO and NABIL EL SHERIF#6899 by Mike ffimack,Agent. Request for Variances from Article III Section 280-15 and the Building Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit for accessory gazebo and 'as built' accessory shed, at; 1) accessory gazebo proposed in location other than the code required Year yard 2) 'as built' accessory shed located in other than the code required rear yard, located at: 1800 Park Way and 40 Beachwood (adj. to Goose Creek) Southold, NY, SCTMVs 1000-70-10-61.1 & 621. BOARD RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Goehringer,tic close the hearing subject to,sige of shed;location of �a �ee� S 6-ID _ ;5b- , yay, 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 November 9, 2015 - Re: Town Code Chapter 55 -Public- Notices for ,Thursday, December 3, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 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 November 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 November 24th: Pleasemakearrangements 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 December 1, 2015. - If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. .(PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. KD TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- //D- 7- 4- COUNTY OF SUFFOLK STATE OF NEW YORK C/e residing at g_2/ u�RSAR- V1Y,�"-/1 V ,I �J New York, being duly sworn,deposes and says that: Oir the `�Z 'day of VdyP& , 20/5,-f personally mailed at the United States Post.Office in _P6tl New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(>0 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. (Signature) Sworn td before mq this .D:�jrej day of WTJVVTA9Q4 , 20 )5-- m CONNIE D.BUNCH (Notary P,itblic) Notary Public,State of New York No.01 BU6185050 .3uai Pied in Suffolk County Commission Expires April 14,2- �j 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. 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Article Addressed to: D. Is delivery address different from ite 1??- / —'~ es S A y LG If YES,enter delivery address lla� 'Y V Joeo �vX /��6 v 1014 05 3. Service Type -bto II rens® [JAdult ❑ult Signature Reg sfe- MailTM Wl II I IIIIII I'll III I I I III i I Iii II II I II I III Il III III itiSi Maul®Restricted Delivery ElRDe i tared Mail Restricted t 9590 9403 0204 5146 7285 43 11 Certified Mall Restricted DeliveryRetum Receipt for ❑Collect on Delivery Merchan❑SignaturedlConfirmationT^t — ❑Collect on Delivery Restricted Dettvety 7 se 015 1j0---'a--o a 115 3 7221 p Insured Mail ❑Signature Corifinnation P Insured Mall Restricted Delivery Restricted Delivery (over$500) Ps Form 3811;April 2015 PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#10.00- //D - ?- 5F COUNTY OF SUFFOLK) STATE OF NEW YORK) i, Mf �(Zoe' residing at t11V AZX11?©1, New York, being duly sworn, depose and say that: , On Ilse 22 day of //I//ppp,�/y� , 201,}, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained-in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be 01 (Signature) Sworn to before mq this .D j rj Day of LAp� , 201 S CONNIE D.BUNCH No4ary ,State of New York Noo..01 01 BU6185050 Qualified In Suffolk County (Notary Public) Commission Expires April 14,2� '� near the entrance or driveway entrance of my property,as the area most visible to passerby. 'I } • • 'E THIS \ • COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3. A. Signattue ■ Print your name and address on the reverse X ❑Agent i so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mallpiece, B• eceived by(Printed Name) C. Date of Delivery 4 or on the front if space permits. ` ,1 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery add elow: ❑No 6 �oN IZA /a" e li7 ` 3. Service Type , �?t_ }) Express® III IIIIII(III III II I I II I IIII II III(IIIIII II II III El❑Adult Signature Restricted eIi-a p R giste�iMadiTm Mail Restricted ®'Certified MaW ,D�ai l 9590 9403 0204 5146 7283 69 ❑Certified Mail Restricted Delivery t> (eturn RReecelpt for ❑Collect on Delivery Merchandise 2„_�rt do n�,,..,w�.fir.. -s____.,__ `❑Collect on Delivery Restricted Delivery ❑Signature Confirmation” 015 173 d a:A]P 00 11-55 1388 �❑Insured Mail 11Signature Confirmation ❑ nsured Mad Restricted Delivery Restricted Delivery (over$500) ,PS Form 3811,April 2015 PSN 7530-02-000-9053 y Domestic Return Receipt + S . COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Signature 007 ■ Print your name and address on the reverse ❑A ent i so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, ceiv y(Printed afhe) C. D Go De'very l i or on the front if space permits. 1. Article Addressed to: D. Is delivery a dr r from It ❑YeT If YES,enter ea belo ❑No IV CoMeW 11C i III IIIIII IIII III I I I I II I I III II III III II I IIII I III Service Type ❑Priority Mail Expresso El ❑ ❑Adult Signature Registered MaiITM' ❑ t Signature Restricted Delivery ElRe i ered Mad Restricted' i ifiad Mail® D ery 9590 9403 0204 5146 7285 29 ❑Certified Mad Restricted Delivery etum Receipt for ❑Collect on Delivery Merchandise I- 2. Article Number(rransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation- --- ❑Insured Mail ❑Signature Confirmation 1730 0 0 0.0 115 3 X7,2 3 8 {❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 ' Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Si ture S ■ Print your name and address on the reverse �1 ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received y rioted ame) C.Date of Delive ! or on the front if space permits. �/ fG ��.14- 1. Q ,1. Article Addressed to: D. is delivery address different from item 1? 13 Yes If YES,enter delivery` address�be�o �E(�I0 104614 WL (J � u f3. Service Type \❑i6rion AdulgIgnature , ail Exp ss0 A IIIIIIIII IIII IIIII I1111111111111111111111111111 ❑Cert flied natureMall®Restricted Delivery ElDRe$teryed Mall Restricted 9590 9403 0204 5146 7285 36 ❑Certified Mail Restricted Deliveryeceipt for ❑Collect on Dellvery Merchandise %y�,_�-).�a1 _Article Number(Transfer from service IabeQ ❑Collect on Delivery Restricted Delivery ❑Signature confirmationTM+ , ��%'�� - — Insured Mail ❑Signature Confirmation.. ' '0 •�j,,p�f5Q�15 17 3 0 0 0 0 115 3 7 2 8 3 �Insured Mad Restricted Delivery Restricted Delivery �� �` mss-ESy�orm 3811;Aprif 2015 PSN 7530-02-000-9053 _ Domestic Return Recerpt�y \SC V.) r L� A #12519 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 261th day of November, 2015. 10:40 A.M.-BRUCE ROTHSTEIN #6901-Request for Variance from At ti- LEGAL NOTICE cle MII Section 280-124 and the Build- �— SOUTHOLD TOWN ZONING ing Inspector's October 21,2015 Notice BOARD OF APPEALS of Disapproval based on an application THURSDAY DECEMBER 3,2015 for building pet mit to constoct a second PUBLIC HEARINGS story addition to existing single family Principal Clerk NOTICE IS HEREBY GIVEN,pur- dwelling,at;1) less than the minimum suint to Section 267 of the Town Law code requited side yard setback of 15 and Town Code Chapter 280 (Zoning), Feet,located at:7390 Great Peconic Bay Town of Southold,the following public j Boulevard (adj, to Gicat Peconic Bay) hearings will be held by the SOUTH- Lauicl,NY.SCTM#1000-126-11-11 OLD TOWN ZONING BOARD OF day of 2015. APPALS at the Town Hall. 53095 X100 AM - LIMN DUELL Main Road, P.O. Box 1179, Southold, New York 11971-0959,on THURSDAY #6895 — Applicant requests a Special p1 C 11BER 3 2075. Exception under Article III, Section 9:15 A.M.-HEATHER and RICH- 280-1313(13).'Ille Applicant is the owner ARD PETROWSKI 46896 - Request requesting authorization to establish an for Variances from Article XXII Sec- Accessory Apartment in an accessory _ tion 280-116B and Article XXIII Sec- structure,located at:450 Private Road tion 280-124 and the Building Inspec- 014(adj.to Orient Harbor)Orient,NY. CHRISTINA VOLINSKI tor's October 26,2015 Notice of Dis- ` SCTM#1000-24-2-12 approval based ori an application for 11.20 A M - LINTON DUELL NOTARY PUBLIC-STATE OF NEW YORK building permit for demolition of exist- #6894—Request for variance from Ar- No. 01V06105050 ing building and construction of a new title III Section 280-13 and the building Qualified In Suffolk Count single family dwelling. at: 1) less than inspector's Notice of Disapproval dated y the code required bulkhead setback of September 25,2015 based on a building My Commission Explres'February 28, 2016 75 teet,2) less than the code iequned permit application for construction of front yard setback of 35 feet,located at; an accessory garage with living space,at; 295 East Legion Avenue(adj.to James not to exceed more than one dwelling ci,.ek) Mattituck, NY SCTM#1000- on each lot,proposed construction con- 12'r-3-26 stitutds a second dwelling unit,located 9Q30 A.M.- PETER COCOLARAS at-450 Private Road#14(adj.to Orient 2:30 P.M. -SOUTHOLD FARM + #tr097 — Request for variances Article Harbor) Orient,NY.SCTM#1000-24-2- CELLAR INC. (MEADOR) #6861 III Section 280-15 and 280-15D and 12 - Request for Variances under Article the building inspector's Notice of Dis- 115 PM - OLD NORTH ROAD IN Code Section 280-13A(4), 14 and approval dated September. 29. 2015, BARN LLC (CLAUDIA PURITA) the Building Inspector's April 9. 2015 amended October 28,2015 based on an #6903 -This is a request under Article last amended October 27,2015 Notice application for a building permit to con- XXVI Section 280-146D requesting an of Disapproval for a building permit stiuct an accessory garage,at:l)location INTERPRETATION of Town Code, for conversion of an existing building other than the code required rear yard, Article III,Section 280-13A(4),"Major to include a tasting room and the coir- 2) downers at more than the maximum Road", appealing the Building Inspec- str•uction of a new winery building, at: code allowable 40% of roof width,lo- tor's amended October 13,2015 Notice 1)less than the code minimum required cated at;1095 Hyatt Road Southold,NY. of Disapproval for additions and alters- setback of 100 feet from a major road,2) SCTM#1000-50-1-14 tions to and the conversion of an exist- less than the code required development 9:50 A.M.-BEN and DIANE BENE- ing storage building to include a wine intact square footage of 80.000 square DIKTSSON #6900 - Request for Van- production building at less than 100 feet per use,located at:860 Old North ante from Article III Code Section 280- feet horn the road,located at:5195 Old Road Southold,NY.SCTM#1000-55-1-7 I iC and the Building Inspector's April 6. North Road Southold,NY.SCTM#1000- &8.3 2015,renewed October 1,2015 Notice of 51-3-5 The Board of Appeals will (rear all Disapproval based on an application for 1:30 P.M. - OLD NORTH ROAD persons or their representatives,desiring building permit to construct an accesso- BARN LLC (CLAUDIA PURIT r- to be heard at each hearing,and/or desir- ry garage,at;1)square footage of more #6902-Request for Variance under Ar- ing to submit written statements before than the maximurn code allowed of 750 title III Code Section 280-13A(4) and the conclusion of each hearing. Each square feet,located at:1655 Evergreen the Building Inspector's August 10,2015, hear ing will not start earlier than desig- Drive Cutchogue,NY.SCTM#1000-102- amended October 19, 2015 Notice of nated above. Files are available for re- 1-4.5 Disapproval for a building permit for ad- view during regular business hours and 10:10 A.M.- ALEXANDER KOFI- ditions acrd alterations to and conversion prior to the day of the hearing. If you NAS AS TRUSTEE #6893 - Request of an existing storage building to include have questions,please contact our office for Variance from Arttcle-XXIII Section a wine production building,at;less than at, (631) 765-1809,or by email: Vicki. 280-122 and the Building Inspector's the code required minimum setback of Toth@Town.Southold.ny.us. October 15,2015 Notice of Disapproval 100 feet from a major road,located at: Dated:November 9,2015 based on an application for building per- 5195 Old North Road Southold, NY. ZONING BOARD OF APPEALS mit to construction alterations to exist- SCTM#1000-51-3-5 LESLIE KANES WEISMAN,CHAIR- ing nonconforming accessory garage,at, 2.00 P.M.- FRANK.I.and ELIZA- PERSON proposed alteration creates new north BE, G.KELLY#6898—This is a re- BY:VickiTottr conformance,located at:80S West Road quest under Article XXVI Section 280- 54375 Main Road(Office Location) (ad], to Peconic Bay) Cutchogue, NY 146D requesting Reversal*of the build- 53095 Main Road(Mailing/USPS) SCTM#]000-I10-7-4 ing inspector's Notice of Disapproval P.O.Box 1179 10:20 A.M.-GIOIA TURITTO and dat6d August 31,2015 requiring site plan Southold,NY 11971-0959 N_ABIL EL SHERIF #6899 - Request appioval under Article X111 Section 280- 125194T11/26 for Variances from Article III Section 51A(2),located at:1900 Great Peconic 280-15 and the Building Inspector's Oc- Bay Boulevard (adj.to Brushes Creek) tober 21, 2015 Notice of Disapproval Laurel,NY.SCI'M#1000_145-4-3 based on an application for building per- mit for accessory gazebo and 'as built' accessoiv shed,at; l) accessory gazebo proposed in location other than the code requued tear yard 2)`as built'accessory shed located in other than the code re- quited rear).-,it d,located at:•1800 Park Way and 40 Beachwood (adj to Goose Creek)Southold NY.SCTM#'s 1000-70- 10-61 1 &62.1 BOARD MEMBERS �F SO Ul Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesi[ i[ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 0 ^`�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyIrou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809• Fax (631)765-9064 October 7,2016 Michael Kimack r Attorney at Law 321 Riverside Drive Riverhead,NY 11901 RE: ZBA Application#6893 Alexander Kofinas,As Trustee SCTM No. 1000-110-7-4 Dear Sir; Transmitted for your records is a copy of the Board's October 6,2016 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. Sincerely, Kim E.Fuentes Board Assistant Encl. cc: Building Dept. ' .. . - -- - -. _ �,. __.__�.�,,_p...�..�.:� .���•.. - -==�..�MR+�1F-= - war r���:,�.�:���,.�.;,�;��.��..,���- .:�,.r�.�.$..�,..�.._:A.-,A:,,,� �• N NO'R52 Can 41 - 20 ,b F r d OF - 41 ,t ,O 't. d^y 'C ,��`d' � 1(7 '� 0• � r ,p e q ,, ^1� � '� �� 90 m .� 4T p FO-i• aO0 s e .v�e 10 04. d ♦'��c\ ,o ,, 1� M1 oft� �`�: q CAA 0 X. rIler. 11b - �- SCH.D.9 _`4 � SCHi3�5 eL I Ij r s a (0 1 ` /10 r /to 33 aro /• O(JJ '_ - _ � V 33y s .. N200562 1 93 TOWN OF SOUTHOLD. _ SECTION NO, R1SRnee NOTICE COUNTY OF SUFFOLK © E K - - `"MN�LR YWA MNNTENANCE.RLTERATION,SPLE OR Real Property Tax Service Agency Y 9 10 NLLAOE OF if 10 _ NaSPaRr 051R151r11ON OF RNY POWI.N OF THE >; county Center FOYrn eeae.N Y 11901 M 114 I'M - &XfOLR COUNTY TRX MRP IO PRON151TFA n' y S EINFEET� A p15TRICTNO 'IDOL ` _ RERK W,,WT NTTENPERMjWxMOFTNE � -° - PROPERTY MAP . NRe2'MTER1 P 1 117 - REAL PROPERTY TAX 6ERVICEIIGENGY - , TpNYER31°x GTE,M 15 200 December 3, 2015 Regular Meeting CHAIRPERSON WEISMAN : December 17th. So we're going to adjourn to Special Meeting. Alright so I'm going to make a motion oh is there anyone in the audience who wished to address this application? Hearing no further questions or comments I'm going to make a motion to adjourn this hearing to the Special Meeting on December 17th. Is there a second? MEMBER GOEHRINGER :Second. CHAIRPERSON WEISMAN :All in favor? MEMBER HORNING :Aye. MEMBER GOEHRINGER :Aye. MEMBER SCHNEIDER :Aye. MEMBER DANTES :Aye. CHAIRPERSON WEISMAN :Aye. (See Minutes for Resolution) HEARING#6893—ALEXANDER KOFINAS, AS TRUSTEE CHAIRPERSON WEISMAN : The next application before the Board is for Alexander Kofinas as Trustee #6893. This is a request for variance from Article XXIII Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building permit to construct alterations to an existing nonconforming accessory garage at proposed alteration creates new non-conformances located at 805 West Rd. (adj.to Peconic Bay) in Cutchogue. MIKE KIMACK : Good morning. Now that you're warmed up the existing garage had existed prior to zoning. It has a Pre CO attached to it. I'm before you because the request is not to change the perimeter of the garage but to flush out the back side of the garage or the roof line itself. If you could the drawing really just shows you the coloration of the back side but if you looked at the actual plans that were submitted in here on the on A-4 you'll see that the old roof line was indented in the back south side so the request is to extend that out to a full A-line roof all the way from front to back. December 3, 2015 Regular Meeting CHAIRPERSON WEISMAN : If you wanted to rebuild this in place and in kind would you need a variance? MIKE KIMACK : I don't believe so. I mean to build it in kind you mean if we took the whole thing down? CHAIRPERSON WEISMAN : Well the application says new windows, floor structures, slab, bilco doors, stairs, new doors now you're before us because this is a non-conforming structure with a PreCo so expanding a non-conformity to squaring off the back is what I believe the issue is. MIKE KIMACK : I believe that's what we're here for exactly. CHAIRPERSON WEISMAN : However we all looked at it I don't know I mean I could not get inside it was locked up but I looked through and there is a ladder kind of going up the top is there a basemen? MIKE KIMACK : It's going to be filled in basically. It has a wooden floor in it now and part of the proposal which I don't think we would need a permit for is to fill it compact it and pour a slab. CHAIRPERSON WEISMAN :So you need a bilco door why? MIKE KIMACK :Well there's a bilco door now it's just a replacement bilco door. CHAIRPERSON WEISMAN : It has access to a crawl space then instead MIKE KIMACK : To a crawl space well yeah I'm sorry you're right about that. The bilco door would not be necessary. CHAIRPERSON WEISMAN :So I'm trying to figure out what exactly they will be doing. MIKE KIMACK : When I put this together I didn't realize that they had in fact decided to fill in the basement. Originally it was supposed to be just a redo of the original the wooden floor but it's changing the siding, changing the roof shingles, changing the windows. CHAIRPERSON WEISMAN :Well the roof needs to be replaced. MIKE KIMACK : Yea and the front doors rather than two garage doors it's a singular door across the front. CHAIRPERSON WEISMAN : Well that's why I'm asking about rebuilding in place and in kind because basically all the parts are going. What's staying? MIKE KIMACK : Well basically the same structure the footprint is staying.The outline of the roof is staying. It's being extended out the back. It's not being increased in height in any ways. The —7--; December 3,2015 Regular Meeting perimeter the foundation is still the same foundation. The perimeter walls are still the same . perimeter walls,there's no interior walls. CHAIRPERSON WEISMAN : Right. MEMBER GOEHRINGER : Can I ask a question and I do apologize to both the chairperson and to Mike,you're extending it because simply the cars don't fit it in is that what the problem is? MIKE KIMACK : I think no sir we're not extending the perimeter stays the same. CHAIRPERSON WEISMAN : Footprint is the same. MIKE KIMACK : What they're doing is the back side of the roof is simply being squared off with the back side of the building that's all. Right now it basically it's kind of an odd it's kind of an odd cut in on the back side of the roof. It comes in about four feet and comes up. So since we had to go basically and redo the owner just wanted it squared off. MEMBER GOEHRINGER : I see. MIKE KIMACK : That basically I believe is what pushed me into the non-conformance aspect which was the squaring off of the back. MEMBER SCHNEIDER :They can rebuild this in place and in kind? CHAIRPERSON WEISMAN : I believe I think the Building Department would allow them to rebuild it in place and in kind as long as there was no increase in the degree of non- conformance because they have a Pre Co but any enlargement would trigger variance relief because you're increasing the non-conformity. I just want to know if this is a demo or not. MIKE KIMACK : No it's not. CHAIRPERSON WEISMAN :You're saying the perimeter walls will remain. MIKE KIMACK : I know where you were going. It's not a demo. CHAIRPERSON WEISMAN : I know you know where I'm going and I don't want to see your lovely face in here again. MIKE KIMACK : The definition of demo that I get from the Building Department from Mike Verity and he says the way he does it whether you have a first one story or a two story house if you take down 75% of the first floor the interior walls and exterior walls then he considers it a demo and if we were doing that then we would be discussing the non-conforming of this garage and I don't believe I'd be able to put it back in the same location if I was in a demo situation. December 3,2015 Regular Meeting CHAIRPERSON WEISMAN : No it would if it was a demo it would extinguish the Pre Co. MIKE KIMACK : We are not taking down the exterior walls, we're not changing the roof line. We're changing the siding, we're changing the windows, we're putting new roof on, a new garage door, filling up the basement putting a slab. I think the back door and a back set of stairs. Everything is all it needs basically replacement but I do not believe that we come close to the percentage of demolition of exterior of course there's no interior walls in this one. We're not taking down 75%of the building. CHAIRPERSON WEISMAN : Is there see there's no interior drawings which makes me crazy so MIKE KIMACK : It's open it's one big open space. CHAIRPERSON WEISMAN : Is there a second floor loft storage loft? MIKE KIMACK : No. CHAIRPERSON WEISMAN : Okay cause there is now. MIKE KIMACK : I'm not quite sure on that particular one let me see. CHAIRPERSON WEISMAN : Cause there's a ladder in there going up some place. MIKE KIMACK : If you look at A5 basically there is no ladder. CHAIRPERSON WEISMAN :Sorry we do have a floor plan. Is there a section? MEMBER SCHNEIDER :Sections? No oh that's the only section we have showing CHAIRPERSON WEISMAN :That's a footing. MEMBER HORNING :Sir did you tell us what the purpose of filling in this section of roof actually achieves? MIKE KIMACK : I think it just makes it from more architecturally pleasing from a structure point of view it's easier to once you got the A line to it's easy to do basically then you it's easy to put the shingles on and maintain it it's just no one is going to see it because CHAIRPERSON WEISMAN : I don't have a problem with that frankly it's so de minimus in my mind it's just a slightly changed roofline but there's no heat in this? MIKE KIMACK : No heat. CHAIRPERSON WEISMAN : No plumbing? December 3, 2015 Regular Meeting MIKE KIMACK : No plumbing. CHAIRPERSON WEISMAN : Would you address for us the other similar structures in the neighborhood. MIKE KIMACK : I can basically do I mean this thing had been Pre C of O'd basically and I as a result of that since it was there I wasn't going to put it in the demo mode I hadn't done the research on existing. I don't believe that I'm going although in that particular area I may find a front yard I may find a front yard garages. CHAIRPERSON WEISMAN :You're going to find several. MIKE KIMACK :That are non-conforming in that particular area? CHAIRPERSON WEISMAN : That was where I was going. I mean it's very characteristic almost because the property so dramatically slopes down to the water almost every one of those houses has an accessory garage right up on the road. MIKE KIMACK : What I will do if it pleases the Board is I'll deliver to you before your Special Meeting the research on accessory garages in front yard. MEMBER SCHNEIDER :That would be great. CHAIRPERSON WEISMAN : Just because it addresses character of the neighborhood but in fact there is a legal basis for allowing a renovation on this structure you have a Pre CO. MIKE KIMACK : There was in many respects it met the conformance without coming to the Zoning Board with the exception of extending the non-conformance because we extended we squared off the back. CHAIRPERSON WEISMAN : Well and it's not on the road side either so it will hardly even be visible. MIKE KIMACK : I mean it's almost you go past it you're right there's others there I will do my research on it. CHAIRPERSON WEISMAN : Is there anyone else in the audience who wants to address this application? MEMBER SCHNEIDER : Michael could you give us a cross section of the garage? MIKE KIMACK : Sure. MEMBER SCHNEIDER :So we could see the height of these I guess second floor or December 3, 2015 Regular Meeting MIKE KIMACK :Well the whole thing is eighteen feet that doesn't change Ken. MEMBER SCHNEIDER : Yea well what's the difference between the ceiling, decking and the height of the (inaudible) type of thing and I guess you're going to have a pull down staircase is that it? CHAIRPERSON WEISMAN : No their not having a stair he says they're not going to have a second floor. MIKE KIMACK : No there's nothing downstairs. It's all being filled in. MEMBER SCNEIDER : But you want to get up there somehow you're just going to have a little scuttle hole or something? MIKE KIMACK : If you look at A-5 basically right now if you look at A-5 there's no staircase going up there. MEMBER SCHNEIDER :Yea I know. CHAIRPERSON WEISMAN : There isn't one now there is a ladder that goes now what's the dotted line is that for overhead MEMBER SCHNEIDER : Oh so it's just going to be open. CHAIRPERSON WEISMAN :Just open. MIKE KIMACK : It's just going to be open. MEMBER SCHNEIDER : Oh okay okay okay. CHAIRPERSON WEISMAN : It's open. They're going to get rid of that there's a small loft area with a ladder in at the moment just going to be an open for storage. MIKE KIMACK : And if you look at that one he did have the bilco on it that's what threw me I didn't think it through there. MEMBER SCHNEIDER :And do to this it's just really a preference of the owner to take away the shed roof and MIKE KIMACK : The owner had been before you before obviously with the original one and you could see the extent of the work he has done on the property it's quite something a nice job. December 3, 2015 Regular Meeting MEMBER GOEHRINGER : I'm not speaking for the owner but the point in question is you really can't put anything of weight in these garages because the timber is not only half shot it's and there's no ability to sustain that and MIKE KIMACK : No and one of the reasons is having a wooden floor that's supported with something underneath it this one had obviously rotted over the years and quite frankly it's difficult to put any weight on that at all the decision to fill it in and cap it with a concrete floor is practical at best. MEMBER GOEHRINGER : And the only reason why they didn't do that in the beginning is because they never had transit mix everything was built on site and this was they probably said this is the line of least resistance we're not doing it. MIKE KIMACK : And they probably used underneath they might of used underneath for you know for vegetable storage I mean it could of easily been you know a root cellar type situation. CHAIRPERSON WEISMAN : Okay anything else from anybody? MEMBER DANTES : Yes. I have a question about the last variance that we granted on this property 6774 I'm looking at the conditions and one is that there's to be a landscaped buffer is that conditioned in that? MIKE KIMACK : Yes. He the owner called me on that specifically. There was originally there was if you looked at the water with the house to your back there was a landscaped buffer originally on the left side but not on the right side and both you and the Trustees required a ten foot it wasn't specified but it normally works to be a ten foot non turf buffer. They had planted on the left side and because he had the retaining walls he was he said to me if I've done the blueberries and the bayberries and my retaining walls is that part of the ten and I said no. The requirement is ten feet from the top of the bluff whether you plant down the hill or not. So I matter of fact I stopped and saw him about a week or two ago and said to the landscape guy you have to give me a ten foot buffer with 1A type plants on both sides leaving a four or five foot opening to get to the staircase in the middle. MEMBER DANTES : And then are the pool mechanicals in a sound deadening enclosure? MIKE KIMACK : I believe yes that was part of the original design. MEMBER DANTES : And then number four - the as built storage shed when will that be removed? ®�m �. .®om.®.e®e®a 4 f December 3, 2015 Regular Meeting MIKE KIMACK : Look I gave it my best shot for you guys you know but you said go away Mike. I informed the doctor that had to be removed basically that there was no way that he can keep the upper deck,the storage shed or the lower deck basically. CHAIRPERSON WEISMAN : And are they still there cause obviously I didn't bother to go all the way down. MEMBER DANTES : I did. CHAIRPERSON WEISMAN : Did you are they there? MEMBER DANTES : I did see a storage shed there. CHAIRPERSON WEISMAN : I guess it's still there. MIKE KIMACK :Was the upper roof there Eric the upper deck? MEMBER DANTES : I think so. MIKE KIMACK : I'll check with the doctor basically. CHAIRPERSON WEISMAN : It would be better for him to remove it than for us to have to go to code enforcement to roll over those conditions MIKE KIMACK : It's been a sensitive point from the beginning. CHAIRPERSON WEISMAN : I know. First he said fine and then he really didn't want to do it. MIKE KIMACK :Yea no I know that. CHAIRPERSON WEISMAN : However you know you should probably come before this Board with clear hands. MIKE KIMACK :That's the last basically the non-turf buffer will meet the code basically the code requirement cause I specifically went down there with the landscaper and laid it out for him that I can attest to but as far as taking down the rest of it he knows he has to because I told him the results I gave him the letter that you gave me as I requested the last time so he is aware of it. MEMBER SCHNEIDER : Maybe we should send the Building Department out there and check it out. CHAIRPERSON WEISMAN : I don't know do you know if he has C.O. on his house and pool and everything? December 3, 2015 Regular Meeting MIKE KIMACK : I don't know. I'm you know once CHAIRPERSON WEISMAN :Cause he's not going to get a C.O. unless he removes that stuff. MIKE KI MACK : Understood you're absolutely right there. So that's probably your trigger. I think he wants to get into the house as soon as possible. I think it's near completion. It's been extensively done I mean it's a nice job. CHAIRPERSON WEISMAN : Oh my god it's beautiful. MIKE KIMACK : It really is. I mean the whole thing fencing and everything else like that so you're right I think the leverage that you have on him is he's not going to get the C.O. until he actually complies and meets with the requirements within both your permit and also the Trustees permit. CHAIRPERSON WEISMAN :Yea the building inspector will do that. Okay anybody else anything MIKE KIMACK : I'll get you the research. Look once I give them the permit I'm generally but at the same time my responsibility is to follow up if I can if they ask me my help. CHAIRPERSON WEISMAN : Well you know the an option that the Board has is to adjourn this application until the conditions have been met on the previous variances. MIKE KIMACK : I understand that. CHAIRPERSON WEISMAN :There's no reason why they can't cause that (inaudible)give him the incentive MIKE KIMACK : But I think to be fair the Board has other alternative methods with which to persuade the compliance and that is the C.O. can't be issued until everything is MEMBER SCHNEIDER : Well why don't we make that decision at the Special whether we're going to adjourn it or not?Can we do that?Give us a couple of weeks CHAIRPERSON WEISMAN : I think what the most sensible thing for us to do here is to simply adjourn this until such time as the conditions have been met on the previous relief because to grant additional relief when in fact the relief previously granted has not even been complied with is just nota good precedent. MIKE KIMACK : I'm obviously not pleased with that but I can understand. CHAIRPERSON WEISMAN : Of course and I can understand why. 1 December 3, 2015 Regular Meeting MEMBER SCHNEIDER : This is no reflection on your representation your client and he has to understand that totally. MIKE KIMACK : Look once I do the permits basically my control or my leverage or my influence over what can or cannot be done pretty much ceases. CHAIRPERSON WEISMAN : Right but our leverage doesn't and so I think the best thing to do is to convey that to the applicant what happened is we're going to adjourn this without a date until such time those conditions have been met cause then we don't need to have another hearing I mean we know everything we need to know about the garage. MIKE KIMACK : What I will do is I will also Fethe research andsuGmit m�Tcind types ofgarag ies n thearea foMe record you'11`have that.That's easy enough to do. CHAIRPERSON WEISMAN :Great. MIKE KIMACK :As you indicated it's probably plentiful. CHAIRPERSON WEISMAN : Well and I think that you can convey to Dr. Kofinas that the Board really understands what he's proposing to do and that he has perfectly substantial grounds for doing so with the garage. MIKE KIMACK : Standing by itself the garage is not necessarily I don't believe the issue in and of itself but it's connected to the rest of the project which is an issue. CHAIRPERSON WEISMAN : We have to look at the whole property and previous relief granted you know and if the terms have not yet been met and there is no reason why there should be any delay in the removal of those structures. I think I'm just gonna is the Board alright with that? MEMBER GOEHRINGER :Yep. MEMBER SCHNEIDER : Yep I am. CHAIRPERSON WEISMAN : So I'm going to make a motion to ad�ourn�this hearing until such time as conditions m variance "E#ric whiat-was-th-at-prior?Yob have that in front of you? MEMBER DANTE : 6S 7 4 ........... ~ �_ CHAIRPERSON WEISMA : Okay till the conditions stated i decision=#6774 have been met and--- docurner�aticin is submitted_vexi in same. fy ! — MEMBER DANTES : It was filed on September 8, 2014. December 3,2015 Regular Meeting CHAIRPERSON WEISMAN :Yes everybody? Is there a second? MEMBER GOEHRINGER :Second. CHAIRPERSON WEISMAN :All in favor? MEMBER HORNING :Aye. MEMBER GOEHRINGER :Aye. MEMBER SCHNEIDER :Aye. MEMBER DANTES :Aye. CHAIRPERSON WEISMAN :Aye.As soon that's done MEMBER SCHNEIDER : Do you have a copy of those conditions? MIKE KI MACK :Yes I've got the whole CHAIRPERSON WEISMAN : Anyway what we should do is either he or Mark or you know Schwartz is Mark doing the drawings? MIKE KIMACK : Mark is the architect. CHAIRPERSON.WEISMAN : Theyneed to submit to-our-office that-itys been completed-an� dthen we_will send-out you-know-Gary or weell.go-out_actually-one_.of--us to confirm tKa—irthe-conditions ave been-mEt:f=1l-put`it-in writing-so we have a paper trail„and-then-vve will proceed to deliberate-or-we'II close I'IlZut it-on to close_becy�aus there4s no-additional-testimony-, x MIKE KIMACK : I can provide you any additional information you want. CHAIRPERSON WEISMAN : No so the next available agenda after we receive that I'll put it on to close and we'll deliberate. Anything else from anybody? Hearing no further is there anyone else in the audience who wishes to address this application? I'm going to make a motion to adjourn this hearing without a date until such timeras-corditions-in-the-prior=relief-granted-have-been met and we have be n in o rmedhe er of and thaf's confirmed that at that time we will close and deliberate the application currently before us. Is there a second? MEMBER SCHNEIDER :Second. CHAIRPERSON WEISMAN :All in favor? MEMBER HORNING :Aye. 'December 3, 2015 Regular Meeting MEMBER GOEHRINGER :Aye. MEMBER SCHNEIDER :Aye. MEMBER DANTES :'Aye. CHAIRPERSON WEISMAN :Aye. (See Minutes for Resolution) HEARING#6899—GIOIA TURITTO and NABIL EL SHERIF CHAIRPERSON WEISMAN : The next application before the Board is for this is Turitto and EI Sherif #6899. This is a request for variances from Article III Section 280-15 and the Building Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit for accessory gazebo and "as built" accessory shed at 1) accessory gazebo proposed in location other than the code required rear yard and 2) "as built" accessory shed located in other than the code required rear yard located at 1800 Park Way and 40 Beachwood (adj. to Goose Creek) in Southold. Are these lots merged Mike?Oh sorry you have to state your name for the record. MIKE KIMACK : Michael Kimack for the applicant. I believe they've been merged by matter of law. I mean in essence it wasn't the intention to merge originally it was always carried as two separate lots. A little history on this is the original owner had the house which was adjacent to it they own the house and they own this vacant piece of property. They had that under two names and then they had the lot under one name and that was sufficient to not meet the merger requirements.That was not the case when it was transferred. It was transferred in both names the only difference being one was tenants by the entirety and the other tenants in common and it was position of the town that that wasn't sufficient to avoid the merger. So it's your position and the Town's position that it's one lot. MEMBER GOEHRINGER :That it's what? MIKE KI MACK :That it's one lot. CHAIRPERSON WEISMAN : Accessory structures are not permitted on lots without principal uses.