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i CHECK BOXES AS COMPLETEDC10a 1/�31�(fof ( Tape this form t p o outside of file ( ) Pull ZBA copy of ND ! ( ) Check fife boxes for prio t ( ) Assign next number on i a a , outside of file folder c� c� ( ) Date stamp entire origin o file riumber ( ) Hole punch entire origin B v - o o w x m rn (before sending to T.C.) �' = �- IIj = � o C = rnCD -:3- C) ( ) Create new index card 0 0 a C i v - vn [ ') Print contact info &tapt �o 0) ww z n m ( ) Prepare @ transmittal to 7 .ice X o CD CD p -' o o �- ( ) Send original applicatioi w w co 0. m o to`town Clerk o° o ( ) Note inside file folder and tape to inside of fol _ ( ) Copy County Tax Map; o Neighbors and AG lots 3 ( ) Make 7 copies and put , -n [ ) Do mailing label rn , w v, r � t 50��v 3 CavS��o���cc 14de# &-Ir - 0-9 PW V,3 114P 112.3 �d ���07 P► S���A7 BOARD MEMBERS rjF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson yJ� ry0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesc #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider MUM,�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064NOS 2 1�Q� i� X�2 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 17,2016 Southold Town Clerk ZBA FILE: 6985 NAME OF APPLICANT: Robin and Jeroen Bours PROPERTY LOCATION: 660 Mill Creek Dr., Southold SCTM# 1000-135-03-42.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 18, 2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 17,860 square feet in an R-40 Zoning District. The property is improved with a two story frame dwelling and an accessory shed (the shed is not shown on submitted survey). The parcel has three front yards along Mill Creek Drive for a combined property line distance of 369.88 feet to the north, south and east. and measures 157.20 feet along the rear lot line to the west, all as shown on the Survey prepared by William R. Simmons III, L.S., P.C., dated July 24, 2016. BASIS OF APPLICATION: Request for Variance(s) from Article III, Section 280-15C and Article XXIII, Section 280-124, and the Building Inspector's June 1, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory garage and to construct additions and alterations to an existing single family dwelling, at; 1) proposed accessory garage exceeding the code permitted maximum 660 square feet in total size; 2) proposed additions and alterations to a single family dwelling is less than the code required minimum front yard setback of 35 feet, located at: 660 Mill Creek Drive, (Adj. to Hashamomuck Pond) Southold, NY. SCTM#1000- 13 5-3-42.3 RELIEF REQUESTED: The applicant requests variances to: 1) construct an accessory garage having +/- 788 square feet, where the Code permits a maximum of 660 square feet on lots containing up to 20,000 square feet, and 2) construct additions to the dwelling having a+/- 26 foot front yard setback, where the Code requires a minimum of 35 feet, all as shown on the Survey prepared by William R. Simmons III, L.S., P.C., dated July 24, 2016 and the architectural drawings prepared by Meryl Kramer, R.A., sheet A-201 showing proposed dwelling porch dated April 8, 2016 and sheet A-200 showing proposed accessory garage dated April 8, 2016. Page 2,November 17, 2016 #6985, Bours SCTM No. 1000-135-3-42.3 ADDITIONAL INFORMATION: The subject parcel was previously Granted a variance under ZBA Appeal No. 6061 for a 27 foot 10 inch front yard setback to the one and one half(1-1/2) story addition. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3, 2016, at which time written and oral evidence-were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of a variance to construct an accessory garage having excessive square footage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The parcels in this neighborhood contain few, if any accessory garages, let alone an accessory garage having a non-conforming square footage. Grant of a variance to construct an open porch will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed covered porch is a common addition to residential dwellings and will be unobtrusive. 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 could scale down the size of the proposed accessory garage to have a conforming square footage. Furthermore, if additional garage/storage space in required, the applicant could construct an additional Code conforming accessory structure. The benefit sought by the applicant to construct a porch addition to the dwelling cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling exists with a nonconforming front yard setback, therefore any proposed additions to the dwelling in this front yard,will require front yard setback relief. 3. Town Law &267-b(3)(b)(3). The variance requested herein to construct an accessory garage having 788 square feet is mathematically substantial, representing 19% relief from the code. The variance granted herein for a front yard setback to a proposed covered porch is mathematically substantial, representing 26% relief from the code. However, the front yard setback is to an open covered porch whose setback increases at the westerly corner because of the curvature of Mill Creek Drive with respect to the front of the dwelling. 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 4267-b(3)(b)(5). The difficulties have 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 4267-b. Grant of the requested relief is NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage having excessive square footage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch, 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 Page 3,November 17, 2016 #6985, Bours SCTM No. 1000-135-3-42.3 DENY as applied for an accessory garage having nonconforming square footage. GRANT the variance as applied for a nonconforming front yard setback to the proposed covered porch., and shown on the Survey prepared by William R. Simmons III, L.S., P.C., dated July 24, 2016 and the architectural drawings prepared by Meryl Kramer, R.A., Sheet A-201 showing proposed dwelling porch dated April 8, 2016. 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 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, Dantes, Horning, Goehringer. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing /// y /2016 /I.t SURVEYED FOR: ROBIN BOURS & JEROEN R.BOURS LOCATED AT: SOUTHOLD,T/O SOUTHOLD, SUFF.CO.NY. LOT: IS DESCRIBED f NOTE: MAP OF: AS SHOWN All All proposed structures shown with dimensions and property line setbacks S.C.T.M.# 1000-135-3-42.3 are as per owner and Architect col a � SCALE: 1 -20desi4 Cr�Q FINAL MAPS6 4f/44 ry REVIEWED BY ZBA 82 '40--F cRFF SEE DECISION # kpR ace o DATED IL /—J2 pro Gr CaJef . e por��r�C s s4 h Pro o G posed / o �p0 wlaampsSt0ra9e l ramp N c) ( / 5.0 / 53.7 o 8.n N 1 STORY --- -- - - - --- f #60n wL. o =�-- ---- % — -N4124.7 - rn A O /� 5 / \ 4.0x4 2 0 uroor2 / 3 rampN o W 15 0, co s 30 ux8.0 Ne plat. 18-3�J 3 V c / Prop U 3 J l m porch ed 1 story XT AX Lo-r42-3 oT423 o / LOT qREFq-17851 SQ.Fr N co / N 75 20'0p„W y�O M1t CR 109.00 CERTIFIED TO: ROBIN BOURS&JEROEN BOURS CHICAGO TITLE INSURANCE CO. (TITLE#C 15-7474-16196) proposed WALL STREET MORTGAGE BANKERS,LTD DBA- work 5-17-2016 POWER EXPRESS F NF�, � FILE# 50593 4MONS % N -O h WILLIAM R.SIMMONS 3RD.L.S.P.C. 0 49237 >° F128 CARLETON AVE, EAST ISLIP,NY,11730 SFo /grab s�� PH 631-581-1688 FX 631-581-1691 DATE:7/24/2015 SCALE,1"=20' DRAWN BY.E S DRAWING ISSUE DIM { LYentRenewSet 4/8/16 Cost Old Client MeetingSet 00000000 SbucWml ENUnew 00000000 Penal Bet 00000000 Cans FINAL MAP wcUon Set 00000000 REVISION D,RFS REVIEWED BY ZBA SEE DECISION # _i- DATED i- l- l L I-- -- -- -- -_ PROPOSED COVERED -l` 1i 1;.'? PORCH n 1 _ T '.r i',1��-t-5:'•--t--i 't_t j`--IP'-- ( -- 'rJ 1i,t ,i'' - _ ---- ��a1 - _ it - t,t `� r`"(Ttik-'- 7L:,f_ t, • I u , 1 _I i '.1 i. .t '.L''LiL:k: _:1 ,t-' t`--t STI' �'--i'{ r-t; ''*•- 1 - F:T' i 71; t „Is,Y .; J'� L Tit 1' T t -7 EXISTING HOUSE —.►c ,�. ii ''t .1 i'JL'-,n1-Y{— `' Iu �.'.;.Ji..., IIrJ�_I1:._::_.:__:!'_.-I- DreN7RRR� �__�_ r✓'--- i_"-'�"�„I 1,iT 1 I,�f I'�—',"-`�_t ,I '1 I I 1, i I !I I I, 7 • �'1" I if'• 1' ■ 1 4 .'1 II,TI''tl%• , -,1-:�_3_.- i-..�,t�i t IT k`i• �.��: _.i...j._�.�ri',�;.--,�- •-._'-r WaI1TO Be Remwetl IL.:...t;_._,_ 7 ����1,GAJ- •,J ..L 1. i f'_.ly f{-=' -xr-!r-Il-4 _ _i' ti. '_ Jai�';-' .J r--,-�-- WaIlTo Remain T !_3t '-.t�- T 1 4_L ,k _1_[-L a -C=r I_,'_1 7 • . !, f� _•i I-, IL___�' t-, '' 1"i-1`•" 7 1 �"."a>:_l 1 --!..' _' J_-.-' - I Newwan �� ,r- - NewFouMaeonwan (,1 li `I ' ill` i Tit II '1% I'II I ll,.t 'I ,il I. •! u,1..�1,-);._i.'.-.'». �I I '.i II j _I 1 11_......_ _-__--__ UnmAbove ' Cf ..-._r,- , �_-i-`•-i_.4.. 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NY 11944 NEW ASPHALT ROOFING SHINGLE TO _ _'j' -- _ - _ _ _ _ _ _►_ -,_!;�:r�T _ - �Tr: -"� _ T --_- �.=-___._:•-�`=-'-�==- - - MATCH EXISTING z ,r --V.�,--T----' -_-'-=_-_`-• t".:.:1t T'rt7_.. 1' =-•z-,�-.;,- - --__ -- c.=-'=..rs—�=- 6 3 I 4 7 2 e 7 7 6 NEW GABLE PORCH ROOF END -, �_.�� - - -- - --' - - .�.rT-r-==.�=T� ,�" �-_- - _ - -_. �-''--•-`= -- ------ ------- ---- - - m k,r c n,r e c t c o m WALL-SHINGLE SIDING -- ;ti `i•_�Il�ff� 3 I,,,_,'� '€;lc-1 t� '• s!€r:.._t_ --T,. j '_ T4 ,_i•�,,"�, li�i`,'.J �._r....__u_ h I '_I'' 1 !" .r � _f•-r,'-3 -fes" t-I PROPOSED PORCH NEW WOOD POSTS 1 s, 7 �I,^ 1f , � '-iiil� ,i , r,r 1 rt —t� r n— BOURS RESIDENCE 1 � 1 T' 4 600 MITI Creek DrIN t`r 4 r ''T r ,•, Southold i]9%1 • - 5'$' SS 5" 23.6' I l Proposed eeVa110Da All D-ngs Panted an 11x17 NORTH ELEVATION PROPOSED PORCH PLAN PaperSwIe¢SD%SmieAbwe Scale:1/4"=1'-0" A-201 ®2015 Meryl HrdmerArchitect uRo..€e..,..a COUNTY OF SUFFOLK 'AUG 6 ?016 ZONING' BOAR(I Or P,9P!7" Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of ` Economic Development and Planning } Theresa Ward Division of Planning \V Acting Commissioner and Environment August 18, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A_14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Bours, J&R #6985 Akselrad, Ira #6986 Costanza, John #6988 Rugg, P. &M. #6989✓/ Chelpelis,Areti (,Trust) #6990 Faerber, M. & J. #6991 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 (631)853-5191 Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.–660 Street_Mill Creek Drive Hamlet_Southold_ SCTM 1000 Section-135 Block-3 Lot(s)_42.3Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSP Tp, DATED—June 1, 2016 BASED ON SURVEY/SITE PLAN DATED4-8-16 JUL 2 6 2016 Owner(s):_Robin &Jeroen Bours ZONING BOARD Mailing Address: 12 Hemsley Lane,Great Neck,NY 11023 OF APPEALS Telephone:-516-978-3696–Fax: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney, agent, architect,builder, contract vendee,etc. and name of person who agent represents: Name of Representative:_PATRICIA C. MOORE_for(x) Owner()Other: Address:_51020 Main Road, Southold NY 11971 Telephone:-631-764-4330—Fax:_631-765-4643_Email: pcmoore@mooreattys.com_ Please check to specify who you wish correspondence to be mailed to, from the above names: () Applicant/Owner(s), (X)Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED-4-8-16–and DENIED AN APPLICATION DATED-6-1-16—FOR: (X) 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: Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ()A Variance due to lack of access required by New York Town Law- Section 280-A. ()Interpretation of the Town Code,Article Section () Reversal or Other A prior appeal N,has, ( j has not been made at any time with respect to this property, UNDER Appeal No(s). 6,641 Year(s). 10 -7 . (Please be sure to research before ( wo completing this question or call our office for assistance) Name of Owner: ZBA File# Fee: $ Filed By: Assignment of the proposed structures. 5. Has the alleged difficulty been self-created? {X } Yes, or { } No Why: The variances are due to the desired design elements. Adding covered decks/porches result in the need for variances. The applicants are choosing to spend the money and time to add character to the proposed garage and existing house. The Board should consider the addition of covered decks &porches, as it is proposed in this case,to be encouraged. Covered porches & covered decks add elements of charm to existing buildings. Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. ,p RECEIVED Signature of Applicant or Authorized Agent JUL 6 2016 (Agent must submit written Authorization from Owner) ZONING BOARD Sworn to-before me this 2 C� day ®F APPEALS o J, l,� 20��. potu�PtMibli BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Count Commission Expires July 18, i -' RECEIVED/ JUL 2 6 2016(Q ZONING BOARD OF APPEALS No. REASONS FOR APPEAL(Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to near by properties if granted, because: The proposed garage is a narrow one car garage with storage space for kayaks,bikes and storage. The property is encumbered by three "front yards", being a peninsula surrounded by Mill Creek Drive. Due to the elongated design of the garage,the covered deck is added to give character to a conforming garage. Since the existing house is very small additional storage is needed. The owners do not want to built the garage up in height because it would overpower the existing height of the house. The proposed garage is only 16' in height,the height of most sheds. The covered porch gives character but not volume to the proposed garage and matches the proposed covered porch on the house. The proposed porch adds character and charm to the existing house. A front porch for rocking chairs gives significant character to the existing house. Front porches, when zoning was adopted in the 1950's, were exempt from setbacks to encourage their continued use. 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: Garage: the proposed garage is only 14' in width but elongated for additional storage. The alternative to this garage would be to add sheds or eliminate the covered deck. The owner wishes to minimize their foot print. All the structures are modest in size. The garage is only 630 sq.ft., making for a conforming usable area. The covered deck added to the garage is an important design feature. The 155 square feet results in the accessory garage exceeding the 660 sq.ft. requirement. The covered deck faces the house and does not adversely affect the character of the area but the owners can not achieve the desired design elements without the covered deck. Similarly,the covered porch on the existing house adds charm to the existing house. The owner can not achieve the desired improvements to the existing house without the covered porch. These design features are a benefit to the neighborhood because they add old style charm to the structures. 3. The amount of relief requested is not substantial because: Garage: the requested 155'roof for an open and covered deck is not a substantial variance. The purposes of the size limitations of accessory structures is to reduce and limit the volumes of an accessory structure on a small parcel. The proposed covered deck, as a design feature, reduces the volume of a rectangular garage. The garage is conforming in size and location. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There are no adverse environmental impacts APPLICANT'S PROJECT DESCRIPTION APPLICANT: deyoeri 4 l�D►01�1 bU�s DATE PREPARED: 7 1.For Demolition of Existing Building Areas RECEIVED ,�y�/�,Q��/ //" C/ l Please describe areas being removed: In pyL e, JUL 2 6 2016 7nn1lN(. RnApn nF APPFAI_S H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: . ` X �Z 3 Cave—r<-CA pOVCIn CA Y1C)S.2 Dimensions of new second floor: -G1100-e Dimensions of floor above second level: ✓)%0-" Height(from finished ground to top of ridge): •v rjde,✓ S� Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N 1.4 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: t 5 GhSZ cvml W� s�t�r�-t 1rtt�y� Number of Floors and Changes WITH Alterations: t l o MR Ontyaqe 14 46 uzf-&-cl IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: FtOM , ,,bajc)w Proposed increase of building coverage: -7. S WC .'� Square footage of your lot: (9 Percentage of coverage of your lot by building area: V.Purpose of New Construction: AicA r--ryr r of —c - 9t "-D kb U'a2 CR-,�A "A (.01)-ew(i &dk— 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): A am A t SZU (6 MW C ke o(c '( Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 } QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ` A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes �No JUL 2 6 2016 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? V-0 2.)Are those areas shown on the survey submitted with this application? hM 3.)Is the property bulk headed between the wetlands area and the upland building area? In C) 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevalion near the area of proposed construction at or below five feet above mean sea level? D E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NJO 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? �1,0 f 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?�o If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel `,, l S r Le V_Z-2' and the proposed use ex Ck ! k (ex: existing single fainily,pr osed: same with garage,pool or other) r Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: J2Cn,P n -�r Rob (in �j 0)) S 2. Address of Applicant: (2- 4eyv, 51 tA- .r ( n.� , C4v�� N e c k- N j U00 j 3. Name of Land Owner(if other than Applicant):- 4. Address of Land Owner: 5. Description of Proposed Project: QCtv►-aG,e_ c-Am c 6. Location of Property: road and Tax ma number) 6(oO 0 7. Is the parcel within 500 feet of a farm operation?'l ) Yes { "No 8. Is this parcel actively farmed? { } Yes {q '1<To 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead NAME and ADDRESS RECEIVED 1. JUL 3 ZONING BO 4 Ass 5. 6. (Please use the bac age if there are additional property owners) Signature o pplicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletin2 Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. RECEIVED Part 1-Prro�( V'l jct and Sponsor Information Ala — /C)e v\ ';F?0Gky-S JUL 2 6 2016 Name of Action or Project: II-- ING BOARD OFApp a llrCVI E e aAcl w cyc_V - EA Project Location(describe,and attach a location map): (P Co o W(_ l k Cre.e k_ D&\T? I St ,�&ln 0 Brief Description of Proposed Action: GO9 uS tvv "" 'SCLY01 ck/VCA c.o,A s�Vv moi- a WC'k nn ary\ -POA V I,�U�C RECEIVE® jUL Name of Applicant or Sponsor:r2 Telephone: 16 t 6 ��CDC r) \2 J 0 V 4(S E-Mail: NING BOARD O Address: City/PO: State: Zip Code: M ) 1 O 2—'--S 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? a acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? r acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial e'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 `1 5. Is the proposed action, RECEIVE[ NO YES N/A a.A permitted use under the zoning regulations? , /f Q b.Consistent with the adopted comprehensiveplan? JUL 2 6 20161 6. Is the proposed action consistent with the predominant character of the existit * t�ral NO YES landscape? aARD OF APPEALS 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 1/ b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: / 10. Will the proposed action connect to an existing public/private water supply? f NO YES If No,describe method for providing potable water: N JA • 11.Will the proposed action connect to existing wastewater utilities? A NO YES J If No,describe method for providing wastewater treatment: 1 (A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? s 1 n If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest DA i cultural/grasslands ❑Early mid-successional ❑ Wetland 11Urban C Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 01N0 ❑YES ✓ b.Will storm water discharges be directed to established conveyance systems(runoff and s orm drains)? If Yes,briefly describe: ❑NO EYES Page 2 of 4 18.Does the proposed action include co-snuction or other activities that result in the imD,'.,.Ament of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? / If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na �G( i u a D- Date: Signature: RECEIVED JUL 2 6 2016 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 70M @QARDt&Fby41FA0ject sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. J RECEIVED JUL Z 6 6'16 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 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: BOURS,ROBIN AND JEROEN AND MOORE,PATRICIA C. (Last name,first name,middle initial,unless you are applying in the name / of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.)' Tax Grievance Variance RECEIVED Special Exception If"Other", J U L 2 6 2016 name the activity: Change of Zone ZONING BOARD OF APPEALS Approval of Plat Exemption from Plat or Official Map Other Trustees X Do you personally, (or through your company, spouse, sibling,parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP I Submitted this day of Signature: Jqrzq ours M oore 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 minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): . Town Board 11 Planning Dept. 0 Building Dept. D Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): Q� (a) Action undertaken directly by Town agency(e.g. capital RECEIVEL,planning activity, agency regulation,land transaction) lS� JUL 2 (b) Financial assistance(e.g. grant,loan, subsidy) 6 2616 (c) Permit,approval,license, certification: ZONING BOARD OFtTLS Nature and extent of action: !!5g6Nja� ".kA 1i I.J cmcma dcc_Y-- A-c Gi'�rrxc c C�Aad, c b-,rc n A-0 14(-Sb , Location of action: 6 l:5, C-) ni I I C � Site acreage: t 9 7 0?,7;R;' S r• Present land use: IAi—� Present zoning classification: f,-q C� 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: 1n (a) Name of applicant: Oe to V-Sf>V rS (b) Mailing address: 12. NA-tz- M d e-s1 Lado- G-V"'t - (c) Telephone number: Area Code( ) �o Pc, (V More ( W - 9 c) (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No R11", If yes,which state or federal agency? DEVELOPED COAST POLICY RECEIVED Policy 1. Foster a pattern of development in the Town of Southold that enhancesc Unity haracter, preserves open space, makes efficient use of infrastructure, makes beneficial use o cat cation, and minimizes adverse effects of development. See LWRP Section III-Policies;zQBooF criteria. Yes ❑ No F-] Not Applicable ajUtcS S Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-=plicable ges 3 through 6 for evaluation criteria ❑ Yes ❑ No 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 Yes D No 0 Not Applicable u►�fJDSe Zs1 V�WI is 'm Q a�e-Q-U) jniAd g-v c, ( Ge.c� L V Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No Z Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 throug 21 for evaluation criteria Yes 0 No Not Applicable 6 &DECLIVED ZONINGJUL 2 6 2016 BOARD OF APPEALS 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 R No El 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 dNot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 11No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeD No Not Applicable REC YVEC JUL 2 as nM Attach additional sheets if necessary 70NTNG BOARD OF APP9A65 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. SrNot RP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes [:] No pplicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and TowYNOApplicable rs. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes 1:1 No Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for7NNot n criteria. 11 Yes El Nopplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; P es 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Ly RECEIVED JUL 2 6 2016 ZONING BOARD OF APPEALS Created on 512510511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) I,JEROEN BOURS &ROBIN BOURS, residing at b b� Il C'u. 9nuo,4q do hereb authorize my attorney,Patricia C. Moore,to act as our agent and apply for variance(s) on my b half fro the Southold Zoning Board of Appeals owner's s'gnatur owner's signature ZONING BOARD OF APPEALS APPEALS BOARD MEMBERS a so Mailing_Address: James Dinizio,Jr.,Chairman ��1� ypl Southold Town Hall O 53095 Main Road•P.O. Box 1179 Gerard P.Goehringert Southold,NY 11971-0959 Ruth D.Oliva cn ac Office Location: Michael A.Simon �� Town Annex/First Floor.North Fork Bank Leslie Kanes Weisman CDUM'1 54375 Main Road(at Youngs Avenue) Southold.NY 11971 http://%outholdtown.nonhfork.net RECEIVED ZONING BOARD OF APPEALS q-, LLA, l:a3�•�, TOWN OF SOUTHOLD SCP _ J Tel.(631)765-1809•Fax(631)765.9064I ud0 �V& FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2007 ZB File No. 6061 -CHRIS GIRZADAS Property Location: 600 Mill Creek Drive (a.k.-a Mill Creek Road), Southold; CTM 135-3-42.3. 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. PROPERTY FACTS/DESCRIPTION: The applicant's property has frontage on three sides by Mill Creek Drive, and the remaining yard is on the south side 157.20 feet in length. The property is 19,273 square feet in size and is improved with a one-story dwelling and accessory shed, all as shown on the April 4, 2005 survey prepared by William R. Simmons III, L.S.P.C. BASIS OF APPLICATION: Zoning Code Sections 280-122A and 280-124, based on Zoning Code Interpretation under ZBA#5039 in the Application of R. Walz, and the Building Inspector's June 13, 2007 Notice of Disapproval, concerning proposed additions to the existing dwelling, which will be an increase in the degree of setback nonconformance when located less than 35 feet from the front lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is exempt under Town Code Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to build a single-story addition to the existing one-story dwelling. The addition would replace a raisedR Cood deck, and a portion of the JUL 2 6 2016/ m ZONING BOARD OF APPEALS Page 2—August 16,2007 ZB File No.6061 —Chris Girzadas CTM No. 135-3-42.3 new construction will not conform to the 35 ft. minimum front yard setback, a section of which will be 27 feet 10 inches measured at the shortest distance between the new construction and the front lot line on the east side(adjacent to Mill Creek Drive). The southeastern comer of the new construction is measured at 347 from the easterly front lot line. BASIS OF APPLICATION: Request for a Variance under Sections 280-122A and 280-124, based on Zoning Code Interpretation under ZBA File#5039 in the application of R.Walz, and the Building Inspector's June 13, 2007 Notice of Disapproval, concerning proposed additions to the existing dwelling,which will be an increase in the degree of setback nonconformance when located less than 35 feet from the front lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The relief requested in this application is exempt under Town Code Chapter 268 as a minor action involving a variance other than a bulkhead or waterfront setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new 1Y2 story addition, 18' by 25' in size, at 27'10" from the front lot line at its closest point, and at 347' from the front lot line at the opposite corner, after removing the existing deck. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an I undesirable change in the character of the neighborhood or a detriment to nearby properties. The land has technically three front yards owing to its location on a curved road that surrounds the house on three sides. The applicant seeks a reduction of front yard setback from 35 feet to 27 feet 10 inches on one of the secondary front yards 2. The variance sought is not substantial. Only a portion (angled to the street line) of the proposed addition will extend five feet, and which is closer to the front line lot line than the wooden deck that will be removed. 3. The benefit sought by the applicant, an increase in living space, cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The alternative would require placing the addition adjacent to the kitchen in a place currently IRS@WpS2g by a deck. 4. The difficulty has been self-created. JUL 2 6 2016 e-'!� ZONING BOARD OF APPEALS ti Pape 3—August 16,2007 ZB File No.6061—Chris Girzadas CTM No.135-3-42.3 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Oliva, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the 6/14/2007 site plan and 611/07 elevation diagrams prepared by Architecnologies. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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 Dinizio (Chairman), Oliva, Goehringer, and Weisman. Member Simon was absent. This Resolution w my adopt -0). J mes Dinizio Jr., Chyirmarl pproved for Filing RECt VED JUL 2 6 2016 ZONING BOARD OF APPEALS RECEIVED SEEP - L. L i� n �'®C FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTXFICATE OF OCCUPANCY No Z-24909 Date FEBRUARY 27, 1997 THIS CERTIFIES that the building STOVE Location of Property, 660 MILL CREEK DRIVE SOUTHOLD, H.Y. House No. Street Hamlet county Tax Slap No. 1000 Section 135 Block 3 Lot 42_3 Subdivision- Piled Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated DECEMBER ll, 1996 pursuant to which .w Building Permit No. 23871-Z dated DECEMBER 23, 1996 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 SOLID PURL BURNING STOVE & CKOfflEY FOR SEISTIZiG ONE FAKILY DWELLING AS APPLIED FOR. 0 The certificate is issued to CHRISTOPHER &DARLENE GIRZADAS " {owner) of the aforesaid building. { SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL H/A UNDERWRITERS CERTIFICATE NO. H/A PLUMBERS CERTIFICATION DATED H/A uilA ing Inspector Rev: 1/81 yj RECEIVED -� JUL 2 6 2016 I�BOARLD OF APPEALS f' Town of Southold Annex 8/15/2014 P.O.Box 1179 54375 Main Road Southold,New York I1971 CER'TIF'ICATE OF OCCUPANCY No: 37091 Date: 8/15/2014 THIS CERTIFIES that the building RESIDENTIAL ADDITION Location of property: 660 Mill CrcckDr,Southold, SCTM#: 473889 Sec/Block/Lot: 135,3 423 Subdivision: Facd Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this oificed dated 8/4/2014 pursuant to which Building Permit No: 39081 dated 814!2014 _ was issued,and conforms to all of the requirements of the applicable provisions of the law. Tho occupancy for which this certificate is issued is: ADDITIONS AND AL TIONS TO AN MUSTING S LE FAMILY RESIDENCE PER 2 BA DECISION dt6061 DATED 8/16/2007 AS APPLIED FOR RECEIVED JUL 2 ry g The certificate is issued to Girzedas,Christopher&Darlene,Wilhelm 6 L 016 (OWNER) ZONING BDARD pEAPPEALS of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 3056556 03-10-2008 PLUMBERS CERTIFICATION DATED _ 08-142014 George Fredricks Authorized ignaturc 1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector Town Ball Southold, N.Y. CERTIP31CATE OF OCCUPANCY No Z-25083 Date JUNE 13, 1997 THIS CERTIFIES that the building ADDITION Location of Property 660 HILL CRBBIC DR. SDDTHOLD, N.Y. Hoare No. Street Hamlet County Tax Map No. 1000 Section 135 Block 3 Lot 42.3 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit beretofore filed in this office dated. FEBRUARY 16, 1996 pursuant to which Building Permit no. 23272-2 dated FEBRUARY 29, 1996 was issued, and conforms to all of the regairemonts of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION To AN EXISTING ONE FAMMY DWELLING AS APPLIED FOR "AS BUILT" The certificate is issued to CBRISTOPHER & DATJMM W. GRI7.ADAS (owners) .of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF BEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A ti'CF / Building Inspeor ^� Rev. 1/81 0 t�y RECEIVED JUL 2 6 2016 ZONING BOARD OF APPEALS O D ' CARD OWNER STREET VILLAGE DIST, SUB. LOT N `� r N 'r? -s ./ �E� � 'v�. � m FORMER OWN ER- N - 00 m Do"4= c3. - rz A -CRZ&H �R ; M14,L CRE�/'�C oaf A _ Q.A- ! $ W TYPE OF BUILDING uj To 7T � N RES,��d I SEAS. VL. FARM CONWI CB. MICS. Mkt. Vclue /01 CD • w LAND IMP. TOTAL DATE REMARKS 1' CD 7-t P t 67 7 7d'fl PTvF ,�.o�' � 3l rte- Stipa + -_�!-Y .�/�ac -� a'.� �3L. ✓ Gr J-t.6e..f33��Ti�3 CrxY�I„ d��^atrol:►i A 5A�� - I ' Y .f2o 1�7 e) � `f56o ,507) .3 1Z02 9 _ v, car N . d r qt—A m5-�r0 4D r ' D AGE BUILDING CONDITION !I �3 9 _ �1 ?f rVJS f f J r t' :� I �G Crr� N 3ltJ 1�� 7 0 ABO E FARM Acre Value Per Value nn,.r� Acre �"� (” - �r -.f e aces 3� t3 — - fD Tillable FRONTAGE ON WATER F- x _ ",-0 :g?o Woodland FRONTAGE ON ROAD � � Meadowland i DEPTH S.'fA 461 _--- — BULKHEAD- • � - � House Plot - D REetjvc-� m Tote,— �, �► DOCK _ nm, - m ZONING BOAPra a •1.`. y - j au � 94' mom i'� A^.�' ,; %i�i"•';i�"J,si>i e ■t■ �ry�`: i . :• :•�=��-,• - _ - . -. . .:,.. .• . _ - ■ ■il����if�■iii■ii■ ONE MOSION 11110111111111111 loss IN Em mmmmmmmmm"wmmmmmw MEMO 0� MOEN E. 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Yr - w , y . ,.�: y ,•y y.��.r!, S �+j r P Y^OST .-L i* F��•�i �' � ru K • t fllgllaZr (f . . ., `' - ��'. �1^ •' ( .�S .(_ jj����,t��.• t',�_i�_.'� _ �" '._yam _Q j�• ��y� •!� L. � a .1i P � _ •�S•' .`./j ,��•.T or:.. ra. /.�� „• 4- `• 1 .• � ��f •Si y�•�4 `►• i t r.� r • r• ��&- y�. f ��N '�'�.� °t! �_• r i.. _ tib / -��s �j. „• ,•v R � •S•! , d 1••, � � `• •�\1►- - � _�,;��.' -.t�� ice--�-'� �.=>--��4""-' _ .,._ '~, ~- � ` _ , �'•'.`�`. �� n; iii` �' �•, "�►ti:... r"' •t• �_ � `...�. - �. ���� •, ., .. a �• .,,;,,.... � � 1 I11 dw ill Cre+rk nr... a. �? � '�!► i ®�®gvFFOL,�-c® _ ELIZABETH A.NEVILLE,MMC ti� �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 RECORDSM MARIVAGEMENT OFFICER GE OFFICERy�Ql_ �a®� Telephone(631)765-1800 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: July 27, 2016 RE: Zoning Appeal No. 6985 Transmitted herewith is Zoning Appeals No. 6985 for Jeroen &Robin Bours-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, LWRP Consistency Assessment Form, Notice of Disapproval, Board of Zoning Appeals Application Authorization, Findings Deliberations and Determination Meeting, Certificates of Occupancy, Property Record Card, Aerial Photo Map, Photos, Survey, and Drawings. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7/26/16 ZBA # NAME CHECK# AMOUNT TC DATE STAMP RECEIVED 6985 Bours, Jeroen & Robin 9383, $750.00 J U L 2 6 2016 Southol lown Clerk $751) 2 -90UR.§-, MRjER0,E.N,, 80 -MRS ROBINJ.,WU 12 HEMS EY 1 EATIVE Y. 2N 11iE '"'_O ER OF 7 SE,11 org mo =imp' * * * RECEIPT * * * Date: 07/27/16 Receipt#: 211197 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6985 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#9383 $750.00 Bours,Jeroen Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Bours,Jeroen 12 Hemsley Lane Great Neck, NY 11023 Clerk ID: SABRINA Internal ID:6985 BOARD MEMBERS ®F SOU, Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 °®® r® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �® a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cum 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, NOVEMBER 3, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 3, 2016: 10:00 A.M. -JEROEN AND ROBIN BOURS #6985 - Request for Variance(s) from Article III, Section 280-15C and Article XXIII, Section 280-124, and the Building Inspector's June 1, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory garage and to construct additions to an existing single family dwelling, at; 1) proposed accessory garage exceeding the code permitted maximum 660 square feet in total size; 2) proposed additions and alterations to a single family dwelling is less than the code required minimum front yard setback of 35 feet, located at: 660 Mill Creek Drive, (Adj. to Hashamomuck Pond) Southold, NY. SCTM#1000-135-3-42.3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimfCa)_southoldtownny.gov Dated: October 20, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 rlvTli. E uF HEARI -1- 40 The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: OAME BOORS, J . & R. #6985 PIAP # 1 35 .-3-42 . 3 JARIANCE SIZE; SETBACK BEQUEST CONSTRUCT ACCY GARAGE 8 ADDITIONS/ALTERATIONS TO SFD DATE : THURS , NOV 3 , 2016 10 : 00 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. W, 'ONING BOARD -TOWN OF SOUTHOLD 765 - 1 809 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: hgp:Hsouthtown.northfork.net October 7, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before October 17th: 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 October 24th: 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 October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not mdre 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 November 1, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. PATRICIA C. MOORE , Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 August 12, 2016 Southold Town Zoning Board of Appeals via email Re: BOURS APPEAL # 6985 I Dear Kim: Please let this confirm our telephone conversation wherein we respectfully request the above matter be postponed and placed on your October 6, 2016 calendar. ! Thank you for your cooperation in this matter. Very r ly yours, 1 PCM/bp c: Mr. & Mrs. Bours ~ r� PATRICIA C. MOORE Attorney at Law 51020 Main Road %All Za�6 Southold, New York 11971 Tel: (631) 765-4330 � � aS Fax: (631) 765-4643 www.mooregMs.com MEMORANDUM TO: ZBA FROM: Betsy Perkins LA DATE: August 12, 2016 SUBJECT: BOURS # 6985 attached please find: • 9 original prints of survey, signed& sealed, including lot size • original letter requesting postponement PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765.4330 Fax: (631) 765.4643 August 12, 2016 Southold Town Zoning Board of Appeals via email Re: BOURS APPEAL # 6985 Dear Kim: Please let this confirm our telephone conversation wherein we respectfully request the above matter be postponed and placed on your October 6, 2016 calendar. Thank you for your cooperation in this matter. Very truly yours, Patr6c,C vC. Maori PCM/bp c: Mr. & Mrs. Bours BOARD MEMBERS *®F so '2 - - Southold Town Hall Leslie Kanes Weisman,Chairperson ®� . r{: -W ®� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes � Office Location: Gerard P.Goehrin er g Town Annex/First Floor,Capital One Bank George Horning, �® _' _ �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider �;tl 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, SEPTEMBER 1, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and' Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 1, 2016: 1:15 P.M. - JEROEN AND ROBIN BOURS #6985 - Request for Variance(s) from Article III, Section 280-15C and Article XXIII, Section 280-124, and the Building Inspector's June 1, 2016 Notice of Disapproval based on an application for a building permit to construct an accessory garage and to construct additions to an existing single family dwelling, at; 1) proposed accessory garage exceeding the code permitted maximum 660 square feet in total size; 2) proposed additions and alterations to a single family dwelling is less than the code required minimum front yard setback of 35 feet, located at: 660 Mill Creek Drive, (Adj. to Hashamomuck Pond) Southold, NY. SCTM#1000-135-3-42.3• The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimfO-southoldtownny.gov Dated: August 4, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 i4u' T1koEG F HE�rR�Nt�+ The following application will be heard by the" \Southold Town Board of Appeals at Town Hall , 53095 Main Road' ,,,,S outhold: NAME BOORS , J . 8 R. #6985 MAP # 135E=3=42m3 VARIANCE SIZE ; SETBACK REQUEST CONSTRUCT ACCY GARAGE & ADDITIONS/ALTERATIONS DATE : THURS SEPT. 1 , 2016 1 : 15 PM If you are interested in this project, you may review the file(s) prior to - the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building„ P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: h9p:Hsouthtown.northfork.net August 8, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, September 1, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before August 15th: 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 Auqust 22nd: 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 August 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 30, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. #13024 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 27th' day of October, 2016. Principal Clerk Sworn to before me this day of 2016. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS ' MIFJ§IFI THURSDAY,NOVEMBERS,2016 PUBLIC HEARINGS 001ARY pvou�*Mft 6P Nt W q69 NOTICE IS HEREBY GIVEN,pur- Hfj. §j\V06iftebe suant to Section 267 ofthelLaw.a 'own nd DA SCI07'I'O #6995 - Request for Giuc11111tld P6 1F b'u�'V a. a Town Code Chapter 28U'(Zoning}-Tyown Variances)from Article III,"Sectibn 280- fAy Cotntniallbn¢ fitit9�p' 16Yy ' of Southold,the followingpubliegi4rings; 13 and the Building Inspector's Mid 22, will be held by the SOUTHOLD TOWN 2016;amended July 28,2016 N•otj4tpf ZONING BOARD OF APPEALS at Disappioval based on an applicationfor•,a the Town Hall,53095 Main Road,P.O. building permit to construct an accessory Box 1179,Southold,New York 11971- deck,at;l)less than the code required rear 0959,on THURSDAY.NOVEMBER 3, yard minimum setback of 10 feet,located 201¢, at: 8380 Great Peconic Bay Boulevard, 9.30 A.M,-HOMES ANEW L LTD (Adj. to the Peconic Bay), Laurel,NY. #6996-Request for Variance(s)from Ar- SCTM#1000-126-11-20. ticle IV,Section 280-18 and the Building ' 11.15 A.M. - DAVID HAZARD Inspector's June 10,2016,Notice of Disap- #6997 -.Request for Variance(s) from proval based on an application for a build- Article III,Section 280-14 and the Build- ing permit to construct a handicapped ing Inspector's July 18,2016,Notice of accessory ramp attached to an existing Disapproval based on an application for multi-family dwelling,at;l)less than the a two(2)lot subdivision,at;1)less ihan code required front yard nvnimum set- the code required minimum lot width of back of 50 feet,located at:9625 Main Bay- 175 feet,located at: 1465 Harbor Lane, view Avenue,Southold,NY.SCTM#1000- (Adj.to Eugene's Creek)Cutchogue,NY. 88-3-23.1. SCTM#1000-103-2-1. 9:45 A.M. - RANDI AND FRED 1130 A M - DONNA AND J6- SILBER.#7000-Request for Variances) SEPH PRADAS. #6998 - Request for from Article XXIII,Section 280-124 and Variance(s) from Article XXIII,-Section the Building Inspector's August 2,2016, 280.124 and the Building Inspector's Au- Notice of Disapproval based on an appli- gust 9,2016,Amended August 29,-2016 cation for a building permit to construct Notice of Disapproval based on an appli- additions and alterations to an existing cation for a building permit to construct single family dwelling,at;1)less than the a sunroom addition to a single family code required side yard minimum setback dwelling,at;1)less than the code required of 10 feet,2)less than the code required rear yard minimum setback of 35 feet, total side yard minimum set back of 25 located at:425 Birch Drive,Laurel,N feet,located at:1570 Mason Y. n Drive,(Adj. SCTM#1000-128-1-9. to Broadwaters Cove) Cutchogue, NY. 1:00 P.M.-THOMAS BYRNE #6999 SCTM#1000-104-7-10. -Request for Variance(s)from Article III, 10:00 A.M.-JEROEN AND ROBIN Section 280-15 F and the Building Inspec- BOURS#6985-Request for Variance(s) tor's June 21,2016,Amended August 18, from Article III, Section 280-15C and 2016 Notice of Disapproval based on an. Article XXIII,Section 280-124, and the application for a building permit to con- Building Inspector's June 1,2016 Notice struct an accessory shed,at;1)proposed of Disapproval based on an application accessory shed located at less than the for a building pernut to construct an ac- code required minimum front yard set- cessory garage and to construct additions back of 35 feet;located at:2345 Bayview and alterations to an existing single family Avenue, (adj. to Hashamonuck Pond), dwelling,at;1)proposed accessory garage Southold,NY.SCTM#1000-52-5-1. exceeding the code permitted maximum The Board of Appeals will hear all per- 660 square feet in total size;2)proposed sorts or their representatives,desiring to be additions and alterations to a single fam- heard at each hearing,and/or desiring to ily dwelling is less than the code,required submit written statements before the con- minimum front yard setback of 35 feet, clusion of each hearing.Each hearing will located at: 660 Mill Creek Drive, (Adj. not start earlier than designated above. to Hashamomuck Pond) Southold, NY.• Files are available for review during regu- SCTM#1000-135-3-42.3 lar business hours and prior to the day of 10:30 A.M. - STEPHEN ALBERT the hearing. If you have questions,please 'SON #6993 - Request for Variance(s) contact our office at,(631)765-1809,or by from Article III,Section 280-13 and the email:KimFQsoutlioldtownnygov Building Inspector's August 4,2016 Notice Dated:OCTOBER 20,2016 of Disapproval based on an application ZONING BOARD OF APPEALS for a building permit to legalize"as built" LESLIE KANES WEISMAN, third story alterations to an existing single . CHAIRPERSON family dwelling,at;l)more than the code BY Kim E.Fuentes required maximum allowed two and one- 54375 Main Road(Office Location) half(2-1/2)stories,located at:1295 Custer 53095 Main Road(Mailing/USPS) Avenue,Southold,NY.SCTM#1000-70-9- P.O.Box 1179 15 Southold,NX 11971-0959 11:00 A.M. - JOSEPH AND LIN- 13024-1T 10/27 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK L ---------------------------------------------------------x In the Matter of the Application of BOURS AFFIDAVIT OF (Name of Applicant) MAILINGS APPEAL # 6985 SCTM Parcel #1000-135.-3-42.3 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the24 day of October, 2016, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's prope (Signatur BETSY 7INS, Sworn to before me this �� 7daof October, 2016 A (No ary Public)F MARGARET C. RUTKOWSKI Notary PuNbliic,state of New York Qualified in Suffolk County Commission Expires June 3, /Qj 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. s ■ jgg 111111111 ® , © ■ ■ ° B ® ® A p ■ ❑r ®s - Lr) /s • M • , � • J `" ' e r, C Certified Mall Fee 0 � "; � ;t s Ln $ rL Certified Mall Fee Extra SerViCes&Fees(check box,add fee as appropriate) 01 � r� Ln $ r� ❑Return Receipt(hardcopy) $ � appropriate) � ❑Return Receipt(electronic) $ `� Extra Services&Fees(checkboz,add lee as e propdate �,� � � [:1 Return Receipt(hardcopy) $ \ Postmark .-_ 1'� !� Postmark�:�; •. El Candied Mall Restricted Delivery $ ( �"� Here V ❑Return Receipt(electronic) $ �z J t C3 ❑Adult SignatureRequired $ ,p ��f�t�(;fl C3 ❑Certlfied Mail Restricted Delivery $ 'r-�'Here _ Q El Adult Signature Restricted Delivery$ \`t � ❑Adult Signature Required $ ,'= •y--��, �• Postage ` ❑Adult Signature Restricted Delivery$ Postage C3 WEIL KAYSER SHEN QING n $1005 MILL CREEK DRIVE o STEVE MANIGAULTE E3 SOUTHOLD NY 11971 1 Ln 540 MILL CREEK DRIVE ---------------- o SOUTHOLD NY 11971 ---------------- �` ----------------- e e 1 e r re IN _ I :01 1 eee•e — I -- ° � e Er ® ■ ® A ` © ■ M e r- Certr "a • • £t� • `^'a i• i` F • I4 .�w �"'`a3 t'µg N fied Mail Fee1 — �- @�P�. M Certified Mad Fee e Ln $ Extra Services&Fees(checkboz,add fee as appropriate) (._,,'� Ptist4rk r' '`` ^\ r'q ❑qq Return Receipt(hardcopy) $ � I Extra Services&Fees(check box,add lee as appropriate) (/�L ✓� LJ Retum Receipt(electronic) $ � �✓ ❑Return Receipt(hardcopy) $ , -> ❑Certified Mall Restricted Delivery $ C]Retum Receipt(electronic) $ {O Postmark C3 ❑Adult Signature Required $ iHere ❑Certrfied Mail Restricted Delivery $ Here, El Adult Signature E P❑Aadulltt Signature Restricted Delivery$ •�,.r6n, ,i l�, I � []Ad It Signature Restricted Delivery$ C3 Pastage KEA E. MAGNUSON I d TDOREEN SIDOR Ln 1075 MILL CREEK DRIVE ( ,,, $645 MILL CREEK DRIVE E3 SOUTHOLD NY 11971 ' o 'SOUTHOLD NY 11971 ---------------- r� Im m ) d1' IF � � � -, iI tt�;� ' ' rU Certified Mad Fee f tLL rU Certified Mail !F• 10', �:�, t 1 Irl $ v7 $ Extra Services&Fees(check box,add fee as appropriate) Extra Services&Fees(check box,add fes as a ro Bp r..� ❑Return Receipt(hardcopy) $ ,� El um Receipt(hardcopy) PP plate) 't' PYP��y Return Receipt(electronic) $ Postmark-•-•-. p ❑Return Receipt(electronic) $ ( Q Certified Mail Restricted Delivery $ Here l) J ❑Certified Mail Restricted Delivery $ ��J✓✓�P �_f/'/, stmark O ❑Adult Signature Required $ `� ;;li � ❑Adult Signature Required -- °' �j�)ere \I O ❑Adult Signature Restricted Delivery$ w p�?fl �'��'' O ❑Adult SignatureResWctedDelivery$ Postage Postage : 5� n ERNEST G. &DORIS B. ROBINSON i a TLAURENCE &JEANNE HALL) 223 DIANE PL. f,� a L 566 THOMPSON WAY PATH _ I �PARAMUS NJ 07652 i., - ? o SETAUKET NY 11733 o --------------- r` -- s ------------------- ----------------- r e eeo. BOURS #6985 MAILING LIST STEVE MANIGAULTE CAROL FORESTIERI 540 MILL CREEK DRIVE VIRGINIA MEMOLI SOUTHOLD NY 11971 845 MILL CREEK DRIVE SCTM: 1000-135-3-43 SOUTHOLD NY 11971 SCTM: 1000-135-3-36.1 KEA E. MAGNUSON 1075 MILL CREEK DRIVE LEILA ERHARDT SOUTHOLD NY 11971 PAMELA SAEHER SCTM: 1000-135-3-40 27 WILLIAM STREET PORT JEFFERSON ST. NY 11776 NEIL KAYSER SHEN QING SCTM: 1000-135-3-35.1 1005 MILL CREEK DRIVE SOUTHOLD NY 11971 DOREEN SIDOR SCTM: 1000-135-3-39.1 645 MILL CREEK DRIVE SOUTHOLD NY 11971 WENDY&PAUL MILCETIC SCTM: 1000-135-3-34 46 BIRCH STREET PORT WASHINGTON NY 11050 LAURENCE &JEANNE HALL SCTM: 1000-135-3-38 66 THOMPSON WAY PATH SETAUKET NY 11733 ERNEST G. &DORIS B. ROBINSON SCTM: 1000-135-3-33 223 DIANE PL. PARAMUS NJ 07652 SCTM: 1000-135-3-37 r7-) ;gat"`,`7, ___�._, t °VON 21� frl - { �µ~ fl I Certified Mad Fee ,i S rU Certified Mail Fee t Extra Services 8 Fees(checkbox,add fee as u7 $ � ❑ReturnReceipt(hardcopy apPropdate) -`�f' y}i .) EMra Services&Fees(checkbax,add lee as e $ Civ -ice,` M 13--.Receipt(electronic) $ / �� � ❑Retum Receipt(hardcopy) $ PPropnate� M ❑Certr ied Mall Restncted Delivery $ Postmar l Q Return Receipt(electronic) $ �� . ❑Adult Signature Required 6 Here 0 ❑Certrfied Mall Restricted Delivery $ �, f� Postlark 1:3 ❑Adult Signature ResMcted Delivery �� �' I M ❑Adult Signature Required $[]AdultL` . Here,.�' I Postage t'J ti, Adult Signature Restricted Delivery$ �" n $- Postage r —= WENDY&PAUL MILCETIC o EILA ERHARDT `; r a 6 BIRCH STREET I Ln PAMELA SAEHER o ORT WASHINGTON NY 11050 I 7 WILLIAM STREET ORT JEFFERSON ST. NY 11776 ------------------ �i P- M n-ICertified Mali Fee Extra Services&Fees(check box,add fee as appropnate) ❑Return Receipt(hardtop}) $ ,� Q Return Recelpt(electronic) $ pOStfila\fl(�+ � 'e�n, l//}�\V\ OCICertried Mail Restricted Delivery $ ®G'1 Here ❑Adult Signature Required $ (rJ l•\` ❑Adult Signature Restricted Delivery$ Postage o `CAROL FORESTIERI =�� ,n ;VIRGINIA MEMOLI ' 0 845 MILL CREEK DRIVE r� ----------------- COMPLETE ----------------- • COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse � 1r l so that we can return the card to you. Agent 3� ■ Attach this card to the back of the mailpiece, B Received by(Printed Name) Q C: Date odDressee or on the front if space permits. job )", 1 Article Addressed to: a f D. Is delivery address different from It ° 1'? ❑Yes I' If YES,enter delivery address belo rNo NEIL KAYSER SHEN QING U��,� `1005 MILL CREEK DRIVE SOUTHOLD NY 11971 II 1011111 IIII III II II 10111�� I��0I ��III�� ��� 3 Service Type ❑Priority Mad Express(R) I ❑Adult Signature ❑Registered MajITM ❑Adult Signature Restricted Delivery ❑Registered Mail Re11 stricted 9590 94011 0013 5205 2441 91 ❑CertifiedMail� ry Delivery ❑Certified Mail Restricted Delive ❑Return Receipt for 2. Article Number( dise Transfer from service Labe/) ❑Collect on Delivery Restricted Delivery Cl Signature 0 Collect on Delivery ConfirmationTM 1 ❑Insured Mail ❑Signature Confirmation I ❑Insured Mail Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 (over$500 r Domestic Return Receipt COMPLETE SECTION • SECTION ON DELIVERY ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse so that we can return the card to you. X d'e`al ■ Attach this card to the back of the mailpiece, B Received by nnted Name) C ate ofdpress or on the front if space permits ' 1 Article Addressed to. MQ h J So 2.4 � ,Af D Is delivery add s different from m\1? ❑Yep KEA E. MAGNUSON \ i ; If YES,enter delivery address be w No ` I 1075 MILL CREEK DRIVE f SOUTHOLD NY 11971 II I II�III IIII III II II I I II II��I I II I I III I IIII III 3 Service Type ❑Priority Mail Expresso ❑Adult Signature ❑Registered MadTM ❑Adult Signature Restricted Delivery Registered Mad Restricted 9590 9401 00],3 5205 2441 15 Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for 2 Article Number( ndise Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Sign lure ConfirmationTM I 0 Collect on Delivery Mercha ❑Insured Mad ❑Signature Confirmation El Mail Restricted Delivery Restricted Delivery r (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt � I f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------X �'`� In the Matter of the Application of AFFIDAVIT OF SIGN BOURS POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-135-3-42.3 ---------------------------------------------------------------X 1 COUNTY OF SUFFOLK) J STATE OF NEW YORK) " I, PATRICIA C. MOORE, residing at 370 TERRY LANE, SOUTHOLD, being duly sworn, depose and say that: On the 25th day of October, 2016, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, NOVEMBER 3, 2016 1 TRICIA C. MOORE Sw%n to before me this 'L day of NOV , 2016 otary Pu is BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Oualified in Suffolk Coun Commission Expires July 18, *near'the entrance or driveway entrance of the property, as the area most visible to passersby. • 8TE THIS v---TION ON DELIVERY A. Sign to ■ Complete Items 1,2,and 3 Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you ■ Attach this card to the back of the mallpiece, B.,Recpived P tedNae) C ate of Delivery i or on the front If space permits. �~Ddifferent 1 Article Addressed to Is delivery address differennEl from Item 10 Y �l! _—_—---------—--� If YES,enter delivery address below. ❑ No 1 • i ILEILA ERI-IARDT ?AMEL'A`2SAEHER 17 WILLIAM STREET 'ORTjEEFERSON ST.NY 11776 FNa ice Type ❑Priority Mail ExpressoSignature ❑Registered MaIITR Signature Restricted Delivery ❑Registered Mail Restrictedfied Mail@ Deliveryfied Mail Restricted Delivery ❑Return Receipt for 9590. 9401 0013 5205 2441 60 ctonDelivery Merchandisect,on Delivery Restricted Delivery0 Signature ConfirmationT"2 Article Number(Transfer from service label) . ❑Signature Confirmation ed MailIRestricted Deliveryed Mail'Restncteddelivery$500) PS Form 381.1',April 2015 PSN 75130.02,000-9053 Domestic Return Receipt • >_ iii --,..,ter•-., , COMPLETE SECTIONCOMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A Si ture ' ❑Agent i ■ Print your name and address on the reverseX El Addressee 1 so that we can return the card to you. � ■ Attach this card to the back of the mallplece, B eceive�by(P/riote Nme C. D to of ellvery ` or on the front if space permits �J�n (� 6�/h 1. Article Addressed to. D Is delivery address different from item 17 ❑Yes If YES,enter delivery address below. ❑ No ERNEST-G. •&.DORIS B. ROBINSON� 1223 DIANE PL. PARAMUS NJ 07652 l 3 Service Type ❑Priority Mail Express@ l II1111161 ill Ill II II I II11�� I II l l II II II i Ill ❑Adult Signature o Registered Mail'- 0 ailT"❑Adult Signature Restricted Delivery El Registered Mail Restnctedl ❑Certified Mail@ Delivery ❑Certified Mail Restricted Delivery 11 Return Receipt for 9590 9401 0013 5205 2441 22 ❑CollectonDelivery Merchandise 4 ❑Collect on Delivery Restricted Delivery Signature ConfirmationT" { 2 Article Number(transfer from service label) ❑Insured Mail ❑Signature Confirmation { ElInsured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 381;1,April 2915.PSN 7530102-0001,9053. i;; Domestic Return Receipt i i . i COMPLETE, 1 •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. t ' j ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mallpiece, B. Received by(Panted me) C Date of Delivery i or on the front if space permits 1 Article Addressed to T•-� D Is delivery address differs If YES,enter delivery a dress b d STEVE MANIGAULTE 540 MILL CREEK DRIVE 3OUTHOLD NY 11971 li 3. Service Type EI Priority Mail Express@ {I fill IIII Il II Il I II ll 0II I I III II III III 11 Adult Signature 13 Registered MaiIT" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted I ❑Certified Mail@ Delivery 9590 9401 0 013 5205 2441 46 11 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 11 Signature ConfirmationTM ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery! Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt i_ i SL.sN_ SENDER: COMPLETE THIS A ' ■ Complete Items 1,2,and 3. Signature` p Agent ■ Print your name and address on the reverse X 1 ddressee so that we can return the card to you ■ Attach this card to the back of the mailplece, B Received by( nnte Name C Date of Delivery AMC or on the front If space permits ? ❑Yes 1 Article Addressed to D Is delivery address diff reoYi �t -- - — If YES,enter de�1iugry�d ress below �[� Nod WENDY'&`PAUL MILCETIC U 21 4 2 16:BIREH'STMT ,, I 1� ''ORTWASHINGTON 11050 3 Service Type my Mad Express ❑Adult Signature ❑Registered Mail'- �IIII�I�I�'ll I'�II��II���I II IIIII�I I�I�II II�I� ❑Adult Signature Restricted D ery�� Registered Mail Restricted ❑Certified Mail@ �Dehvery 9590 9401 0013 5205 2441 53 []Certified Mail Restricted Delivery El Return Receipt for Merchandise ❑Collect on De very Restricted Delivery E].Signature ConfirmationT" , 2 Article Number(Transfer from service label) ❑Insured Mail @•Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery ' (over$500) Domestic Return Receipt PS Form,381 1,April 2015•PSN 7530702-000-9053 — JSENDER:COMPLETE THIS SECTION COMPLETE THIS SECTIONON J ■ Complete Items 1,2,and 3. A. Si ure �LQ��A9 t ■ Print your name and address on the reverse X / _X '�� so that we can return the card to you. Addie B Received by(Printed Name �'C. D e of Deli ery ■ Attach this card to the back of the mailpiece, �'➢ 1�, • or on the front If space permits Dd Ire Sr' D ®(; J �Q 1. Article Addressed to D Is delivery address different fro ite 1? ❑Yes - - - l If YES,enter delivery address b ipww: ❑ No ; J DOREEN SIDOR 545 MILL CREEK DRIVE SOUTHOLD NY 11971 _ —_- 3 Service Type ❑Priority Mad Express@ II 1111111 lIII III II II I I!I II��I I II I I III I I I III El Adult Signature o Registered Ma IT ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mad@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for 9590 9401 0013 5205 2441 39 ❑Collect onDelivery Merchandise 2 Article Number(Transfer from service label ❑Collect on Delivery Restricted Delivery El Signature ConfirmatlonTM ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) I PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTIONSENDER;COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ Complete items 1,2,and 3. A Signature r ■ Print your name and address on the reverse X 11 Agent so that we can return the card to you ❑Addressee ■ Attach this card to the back of the mailpiece, B Receive by(Prnted Name) C ,,D e of�Deiveery or on the front if space permits. 1 Article Addressed to, D. Is delivery address different from item 1? ❑Yes - -- " -• If YES,enter delivery address below ❑ No LAURENCE &JEANNE HALL I 66 THOMPSON WAY PATH SETAUKET NY 11733 — 3 Service Type ❑Priority Mad Express@ II 1111111 IIII III II II I I I II��I I II I I IIIII II I III ❑Adult Signature o Registered Mail- 0 Adult ailT"❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Cert rfied Mad@ Delivery 9590 9 4 01 0 013 5205 2 4 41 7 7 0 Certrfied Mad Restricted Delivery ReturnMerchand sept for Jr) ❑Collect on Delivery 2 Article Number(Transfer from service label ❑Collect on Delivery Restricted Delivery 0 Signature Confirmation- 0 Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN,7530-02=000=9053 Domestic Return Receipt 4eC -b PATRICIA C. MOORE Attorney at Law 51020 Main Road Q' Southold,New York 11971 Cl QS Tel: (631) 765-4330 �J Fax: (631) 765-4643 O ®3 'Zp16 Zoning Board of Appeals ®v i By Hand Hearing Re: BOORS APPEAL # 6985 Robin&Jeroen Bours: porch addition to existing house. Existing house is 31.4 from Mill Creek Drive. Proposed covered porch encroaches 5' toward road. Requesting 26.4' setback to Mill Creek Drive. As to the garage, the garage is 14'x 45' =630sq.ft. (650 sq.ft. Permitted). Covered porch 5 x 31.5=157.5 sq.ft. Garage size is 20sq.ft. Below permitted + 157.5coverded porch= 177.5 sq.ft./17,951 sq.ft. _ .0098% variance (less than .001%) In addition to the documentation provided to the Board in support of the variance, included herein are the variances granted within the Mill Creek Grove development which lots were established between 1947 and 1950. Tax MaR # Variance Relief Reguested Subject Property #6061 8/16/07 Front Yard setback 1000-135-3-42 .3 27 '10 setback basis of application is 3 "front yards" Lot 23 #4 6/6/57 Lot 28 . 1 (was 28 .2) #5845 4/13/06 front yard setback addition & garage side yard 10 ' Lot 32 #3016 8/17/82 deck insufficient rear & side yard Lot 37 #3711 4/7/88 deck addition within 75 ' of wetlands Lot 39 . 1 #2805 12/8/88 deck addition within 75 ' of wetlands Lot 40 #2559 7/5/79 Accessory bldg. In side yard Lot 41 #1017 1970 151 front yards setback On corner lot- house front yard setback From 35 ' to 15 ' from Meadow Lane (due to odd shape) #1444 1971 addition to dwelling side & front yard ('garage) Lot 43&44 #11236 7/6/67 Lot line change Lot 45 #1280 8/21/69 Set-off (with TL 46) (House located 10 ' from Mill Creek Drive) 3016 8/17/82 deck side & rear variance #5252 1/23/03 front yard setback- neve covered stoop (existing setback 10.51) roof at Lot 46 #1280 Lot 48. 1 & 49 #1460 9/30/71 set-off North of premises: Tax Lot 15 . 1 & 15 .3 Set-off #2204 10/14/76 Tax Lot 7 : Front yard & side yard variance N 339 732 1 NpV l � 22"1 � 24.1 251 '11 .+ ZO (COMMON�fi ) N 26 1 m 0+ u 151 m+ ,� (66') 24 M q° 1,2A 7 ;4• $ NORTH FORK BEACH 7% CONDOMINIUM " cl tl 0 (COMMONAREA) f0 a r\ CO (FOR UNITS 8 SEE SECTION 74 NO 13501) �,9 9 a 32 ej, ro a aUP 101 ;r' �r3 V. 768 9 .r L5 3 OA ra 1 /uT�j 19 8 g 6 I X •?, 16 Q� a 7s, �rr m, COUNTY OF SUFFOLK O a GJ L 102 fg a ireeO� 1 32A 76-gk) e61 20 �+a 1 Q J6"A 9.2 01, :e? PIP •°b d Pond 26 cli a 281 )� l OO 'v �1 CL tia m 307 V y/ 'v \ �(,C(rt 'f LA 31 , 3 34 ° 6, a, ,, 1. 32 3 ' 46, rs 35.1 ,a°? off' 4361 OR. a�1 I V � 43 Irr"�l) � p7Vilf � 37 a38 a 61 4/yI J 0 r66j 41 / R 40 N337.1132 �v11 t a J .t (60) T �a�l � b",sr JL k m NOTICE J3 (r � COUNTY OF SUFFOLK © E 139 5 TOWN OF SOUTHOLD SECTION NO MMD MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service Agency Y135 DISTRIBUTION OFANY PORTIONOFTME County Center Riverhead,N Y 11901 Y 052 VILLAGE OF 1XJ 5 SUFFOLK COUNTY TAX MAP IS VROHIBITEO � —UEwF�. M O$ LMTROUY VMITTGN PERMISSION OF THS y ,°° D I.e 1°0 A O51 DISTRIGTNO 1000 RCAI,PROPERTYTAft SSRV,C6AG6NCY. r• P PROP5RTY MAP --; 1 H .1�, Cram r v„c � j i/ w.o..u•ra4,a,q I {•' s�6�'J� Via_— Se --�s” �413` y�{p �,aqf �� Y�{�`I�'d�.� ®��y�y�' lq,�/,,,, �/p��a _ OWNED BY 11 -�'a� 'N J".� tl a L i '�� J �{•�/l HENRY J. S 04!!17"E-i• �?1'p� 61rLATE AT 10 1 z sti._.. r! t ivs /�• ARSHr'TM,-)MAG1U� F a - TOWN OF SOUTHOLD d SUFFOLK Cam N.Y. t �� I+ s 1 Io � �f. ✓ ,.` , �ty 37 ,','-/ fn( - I 3J \ Nnfe All lo;•dlmrns,orrs arc scaled ons qp� `;�� t ______.__ C h \ ` � \9 AYa,fpP�•�,Ai lc r;nly. 14 s s e r I' � `' � h � 3� til fh �1.�. �` ,� � ' -3! � — r•� iA �����!R':.7=.,. ;:,•• n'o.,Y..i�(, 'ii ,f rI - r e .�.e, -•-' 1�1�, `,'1, �T"r.,.:YgfC, '• '-^v�7��rkcslc"�4 `,• `(� { 9-� `, `Sf.:n/ay �N\ \ •��'',''•:''��'�^ ';� }yn h Y•�3�Yc, •t'• Go� lc. � ysv '. ...�--i, `'h. '� 7r,1:�•f; "' t'1 7•I S7� '3 G� l r I n op•� 17 �,�..Ih�"yi .�•' •^' o: )., ,b Auld \< / tf•' ; 664' r . 4, 'a �\ �9 pt• bo, s �rf'r %S14, la l it `c ♦ �^ •�� e r o�.rti„ Al ��$•7`1: .,. i $ :t `t !•. n�: t .F •�:q" - •/'(1 ' R.� Rurx: ¢t`Iyy��, n�� J. �•Y•A::rB rti •/ •• •t✓Y. � a „�.1,`,.A, .' �. \ ���� ' aS ;,l ya r r f + Y TA+y { l IL Y 13191.7-gF�b.�l9�al +�q.� '''+n`t'}�t�,, , !r�''��,''.` �•. �. '4'.,t'^.L -. :�,T�~r/ ... 'I 'L4`' ' , �k''F:. Y' •� •(SU.°'°7iy.��l4or-•tEl � , t 'iJiT o .rZ r�;':;t r., s' �:.}•.J',,�' '�e ��.� `: _ i• A IN— t r},' �Ieense)linin S vvewar: -�� r✓; *.„.Yc Fi° '`1,afrf:.,"1� /� Yo->r�rr1' 4•a"ti n•{ _ r,� Grcenpart,Ky" i _. t' j S'i`t-..�1� .'yu.., :,a:.l- •y - ".1' '_r. t _ '.t'•. •••,r ^• yj`•. sad' c[ � NOV � 3 1016 0 `t . , 1ug APPEALS BOARD MEMBERS Ov S0 ~" Mailina Address: James Dinizio,Jr.,Chairman �►� yp Southold Town Mall l4 53095 Main Road•P.Q. Box 1179 Gcrard P.Goehringer #t Southold,NY 11971-0959 Ruth D.Oliva CP Office Location: Michael A. Simon �� Town Annex/First Floor.North Fork Bank Leslie Kanes Weisman l�Own 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://-,outholdtown.northfork.net RECEIVED ZONING BOARD OF APPEALS -'D"`'"�, TOWN OF SOUT HOLD S E P - o Tet.(631)765-1809•Fax(631)765.9064 1 014 A FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 16, 2007 ZB File No. 6061 - CHRIS GIRZADAS Property Location: 600 Mill Creek Drive (a.k.a Mill Creek Road), Southold; CTM 135-3-42.3. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly 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. PROPERTY FACTS/DESCRIPTION: The applicant's property has frontage on three sides by Mill Creek Drive, and the remaining yard is on the south side 157.20 feet in length. The property is 19,273 square feet in size and is improved with a one-story dwelling and accessory shed, all as shown on the April 4, 2005 survey prepared by William R. Simmons III, L.S.P.C. BASIS OF APPLICATION: Zoning Code Sections 280-122A and 280-124, based on Zoning Code Interpretation under ZBA#5039 in the Application of R. Walz, and the Building Inspector's June 13, 2007 Notice of Disapproval, concerning proposed additions to the existing dwelling, which w[[[ be an increase in the degree of setback nonconformance when located less than 35 feet from the front lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is exempt under Town Code Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to build a single-story addition to the existing one-story dwelling. The addition would replace a raised wood deck, and a portion of the Page 2—August 16,2007 • • ZB File No.6061—Chris Girzadas CTM No. 135-3-42.3 new construction will not conform to the 35 ft. minimum front yard setback, a section of which will be 27 feet 10 inches measured at the shortest distance between the new construction and the front lot line on the east side(adjacent to Mill Creek Drive). The southeastern corner of the new construction is measured at 347 from the easterly front lot line. BASIS OF APPLICATION: Request for a Variance under Sections 280-122A and 280-124, based on Zoning Code Interpretation under ZBA File##5039 in the application of R.Walz, and the Building Inspector's June 13,2007 Notice of Disapproval, concerning proposed additions to the existing dwelling, which will be an increase in the degree of setback nonconformance when located less than 35 feet from the front lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been, referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated July 25, 2007states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The relief requested in this application is exempt under Town Code Chapter 268 as a minor action involving a variance other than a bulkhead or waterfront setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new 1Y2 story addition, 18' by 25' in size, at 27'10" from the front lot line at its closest point, and at 347' from the front lot line at the opposite corner, after removing the existing deck. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal'inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The land has technically three front yards owing to its location on a curved road that surrounds the house on three sides. The applicant seeks a reduction of front yard setback from 35 feet to 27 feet 10 inches on one of the secondary front yards 2. The variance sought is not substantial. Only a portion (angled to the street line) of the proposed addition will extend five feet, and which is closer to the front line lot line than the wooden deck that will be removed. 3. The benefit sought by the applicant, an increase in living space, cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The alternative would require placing the addition adjacent to the kitchen in a place currently occupied by a deck. 4. The difficulty has been self-created. e Pape 3—August 16,2007 Z13 File No.6069—Chris Girzadas CTM No.135-3-42.3 �� b 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Oliva, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the 6/14/2007 site plan and 6/1/07 elevation diagrams prepared by Architecnologies. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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 Dinizio (Chairman), Oliva, Goehringer, and Weisman. Member Simon was absent. This Resolution wmy adopt -0). AO fp es Dinizio Jr., Ch rmarl oved for Filing RECEIVED SEP - r a*&i0qd"n �'►6 r Name of Owner: ZBA File# REASONS FOR APPEAL(addTadonal sheets may he used with nreaarer's sPenadure): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: 1'JHa pfC>JZ>j-{-1Lyj'-� 1S AUT N PULL, y --t3,l1✓ d-j-Q(:E�5 6-P T+46 M. 2` CSN N,u ►(�-wp,-io � T!$'F (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: T}1tF `V-oPt�MJ ���"��St C3� S d'b� �U ��►.3«}-1�.:) `�-$E E�+'��UCS P�T�R� tI�T (3) The amount o relieff regatested is not substantial because: ' '���irt-�trot:t '0 %'S L►d:l:�e`d?rt a:��� 1.0 1 T-H I "FOE ePel2:st-c rj(, OC,$-:i-t"G`1:rR�9 44 1&3C, 'W&V 5� �t✓'S` �' •. (4) The variance will NOT have an adverse effect or impact on the physical or envero e a conditions in the neighborhood or district because: _ IT 1 `-' L'o � YJ I T'I-t I L.;) :�-Ib 6( a5 Osie'T ak P-(00 FPP--/�D R'S C:al 8 V L961- d t 02"OE-4-� CPA-M P /-D Se's 't#04C FIR F3d� T� C.�b33 its i7 ��'�a°RC°x' ax.) W449 A)W WVF0Al VC8 (5) Has the alleged difficulty been self-created? elf created?Wes,or ( )No. Are there Covenants and Restrictions concerning this land: o. D Yes(alease faarnkh copes This is the MINIMUM that is necessary and adequate,and at the sa®e time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be scare to consult your adorney) Signathre of Appellant or Authorixeent (Agent must submit written Authorization from Owner) Sworn to before me this 1°z�" day of ,20 ODANo blis 'uvea GmMptn t2aeo"In suffa Coi" na w1cn'Dpiaia 08-13 SIT]* SURVEY 6 -SURVEY OF PROPERTY SITUATE: SOUTHOLD _ Q g� TOWN OF: SOUTHOLD ��' SUFFOLK COUNTY, NEW YORK ==' a z S.C. TAX No. MAP 1000 — 135 — 03 — 42.1 & 42.2 (42.3) EL W CERTIFIED TO: CHRIS GIRZADAS 100 S 6 C E- a0 02 o SURVEYED 4-04-05 tU AREA = 19,273 S.F. OR 0.44 ACRE &. SCALE 1 " = 30' ?_ 35,Olew � UY Zo , INFORMATION TAKEN FROM SURVEY DUSTING Q - PREPARED BY WILLIAM R SIMMONS III. L.S.P.C. SETBACK 108' 11 MEROKE LANE. EAST ISI.IP. L.I.. N.Y. 11730 (631) 581-1688. F. (631) 581-1691 yo EKTO.WELL OUSTLNG TO REMAIN w EL. Ka° osTIINGcr BEIMCK �� CD � V Q (n ®PROPOSED NON-CONFORMING EX19TiN0 SEPTIC / T R �. _LQQ / ��iyhjHSMUSTMO 7no a SETBACK N O �R / 9E.3A' 1 I I eo O _Q / I PORCN C7 �• L 9 ,P 00 EXIB NGDECKD5Q2 EO 9.a5� y, Q U7 11 �Irii#�.MOVE a PROP.NEW 1 1/2 STY. ` ADDITION �.�/ ,0• E7(1SETB lNG DECK 9Efe T H ACK l Ridgy 3V� SETBACK N0 co L I � Q212^ OQ� � FN a81 I - . MON.FD. EL sa'renox 00, SITE PLANEL - O.S7 DwLi.N0.: 7 O'g,C�0" " A.SITE E r s �e A _ � � _ -� � O -_.--�C�� X016 '� �� .- TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE A11y.6,,,.1967 Appeal No. 1123 Dated June 12, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOM To Roger H. and Ruberta Doyle Appellant Mill Creek Drive Southold, New York at a meeting of the Zoning Board of Appeals on Thursday, July 6, 1967 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 $s 00 p.M. (E.D.Sp T.), Upon application of Roger H. and Ruberta Doyle, Mill Creek Drive, Southold, New York,' for- a variance in accordance with the Zoning brdinance,' Article X11, Section 303, Argyle X, Section 1000A, dor permission to divide property with insufficient frontage. Location of property.- south west 'side Mill Creek Drive, Southold, New York, bounded north by Mill Creek Drive, east by Frank Leto, sotth by Mill Creek Drive, west by R.H. Doyle. 2. VARIANCE. By resolution of the Board 1t was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE RE'V'ERSE (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. t�rz�ld�D q� BOARD OF APPEALS FORM ZB4 Barbara C. Dittma , Secretary After investigation and inspection the Board finds that the applicant is desirous of selling lots 44 & 48 located on Mill Creek Drive, Southold, New York, electing to include four feet on the south line more than was applied for ,in the original application. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Therefore, it was RESOLVED that Roger I-? )and Ruberta Doyle, Mill Creek -Drive, Southold, New Yorks, be granted permission to sell Tots' 44 & 48 XcF ted on -Mill Creek Drice-, Southold, New York, - including, however, four feet on the south 'line more than was applie d,for on the original application. /5; ���� 57 ' -- S, 1 r, d4d,." �fAt �s �s TOWN OF SOUTHOLD,NEW YORK DATE .,August..21, 1969 ACTION OF THE ZONING BOARD OF APPEWA Appeal No. 1280 Dated August 4, 1969 AC=ON OF THE ZONING BOARD OF,APPEALOF THE TOWN OF"SOUTHOLD To LTehli G. H4V6nS_ r_ -- Appellant _ Mill Cxeek_Wige _ Southold,_N@w York -at a meeting-of the Zoainj Board W Appeals on _"ARgllst"'2l 1969 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 EF'" exception tinder ih.-Zoning�Orciin`ance. (X);Request for a variance to the 2-iming Ordinance, 1. SPECIAL EXCEPTION. By resolution of'the`Board it was detetvained that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... paragraph `......` .... of the'Zonibj(-Ordidance: and the decisi6h of the'Building Inspector(` ) 'be reversed ( ) be confirmed �s`�0` :M: (E.D;'S;V y, upop*.applimittlon of John-G. Havens, M13:1 Cr®ek bsiv 'gout* Iold;-bieia `'Ya K;,"Vi=a va�ei&nee inacc®x&rleie with the Zoning Ordinance, ArtidleIII, -8t'+ctibi-303; an" A'Artide--Xi Section 1000A, for parmission to set off lot with less than required area. Location of property: south side pf Mill Creek Drive, Southold, New York, bounded Forth by Mill Creek"Drive, east by J.A. Cassidy, south by Simon-WIowski, west by P. Orlowski, 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 became SIRE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike is the immediate vicinity of this property and in the same uge 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 SHE 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. APPROVED sm Rmwmw b 9 ONING BOARD OF APPEALS FORM ZB4 � Chaff m n A� y ev e, cxetary South 1d Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to set off lot iii:th-leigs"th6n required area. There is 100 ft. frontage on road but-not=,6tigh-'depth to meet the minimum area requirement. Prop©ddd hautherly lbt•line could not be expanded because of the location of the cesspools and a row of trees and shrubs. - .The Board feels that the applicant does have a unique hardship. y The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardshipi 'the hardship created is unique and would not be shared by all properties ali]se in the mediate vicinity of this property and in the same use district and the variance will not change the character of the didtrict and will observe the spirit of the Ordinance. THEREFORE,, IT-WAS RESOLVED John G. Havens& bill Cresk-Drive& -Southold, Now porkplbe � J rmission to s®t-off lot with less -- "an rec�j�4red atjea•.as__a plApd' f PF. o{� pr® y- oca d,on south ;side of Mixi C;eik Drive,.flout ion New.Yo":k' _ - - • • 1 J• ' Co PS( or suYa�t`� oma' Til�`HL PREPARED P�r oTTo a I.J, N TOYL d Sc: r, 5 pp'r• 1, E9�3 - i5\ "it'tLE-dk 12g19oP? i MILL CoLa,"li .� iF1oL1� P iJ51'SGE -- �•o� s �PP�� �. �► pI 18.0 5.51�bre' � 0 - on ' /Y �,+�" rte,!• ... ~4: -� � �!' ."r 1' �y m"•',, .r;x qtl • ,! F y• ' F•�Fy, - .it,. . ^,i - :.9 �. i3�"t'` .I Y •1'� -F . • •'nf r. r,.. ,.',, .'r• I' �'', �'E%":�,.�'' a-t; - .=tat • ?�•rt,:AY}�+::ic�•k f..?�;� _ .J:r'E•; •%,y , .$)-'A •, �Td'+>::'!yr.•..''�tiv'F� .['•. p,iE~• .syY•' l {-`..• .rF{µQ4'��• •:7t•' ,• , r�•�({.{', .ia •' '"s Jr''eF'4+' t -1�;f• .5 r.�' •.: r• �I ig4,�_„' •. a ,.F� A .� d 4; c ,•;i r, j �'<.;{'�-',v �, r `t.•s - r 1•'T '• "�r;;�'.Mr4.A4F,s,",., 4'.l,!,i,'�. ,-.i'-� 1i��,.,�syl ,•2. ' 3" `5i.-A' i•�^ � _ a� •!8: � F�.,„'sR='(4t�w .;��e-,.iib'*. ` r_,• ��'�—_ ,f '� - ., �.'�-`' 's r. 4' tF%;'rx', `•r ,ry`YY•'tij?♦♦r• .•4 4�..4�y� , ' 'A• )„y, i „ ' ';• (S •tir �d:t,i},•-rO' k.,:..'..l,d», ,(_I .!�'; 5K_ �qi.: 4. ... IJ),'(.: - � _ ". � Jr _ �,�t:r�i::za•' •T.tQ';t=t••F�l,£•- "�::.`�` { 5 'i - 5 , I '18'` Y `•�,Y•. �'I[5r't R�+'��bdWRnY,'i EY `C , .1';.' f,. ''• t T-S ,. ,r � .• _ .p:•" _F „r _s.F.}77..`-.. ' v !, a�� {•:-e.:•�.�r F •r r .F,^�•c •_ 't. :�. Yt.,r"` �}..�•,c„�s����•2r .•NI�.` 'ir {y: -t• :ly. _ _ -,''•t'>•. „r, nt ,? t�.:n , ,.^�'.`;i+t-;C �" it"�t'..il• �., S'r'• )� 'r .- 'f ,. _tNif nom'• .},:•P,. rY`:, Y :.t,�.E'S±f•:`..S..y•' •�•n-+l`�+y `. t °� � E �. , ,it -.�•�4•iq• � _ ,= t �i,T •k.c�7�,i��t�,,� �,„'C •C.,, y�,�� • V, ��'. + •`J-` "! r, •1'. :�FY i 1`.45•-•�,y'�` S-•l�t : ,tri�.�r •"" -rt. ,t .{,_r �.::.i.'.�•�'.'yt, 75 yF�,'•7 t'� '. "cs<it, `tr Rr �„ ,�,*.t'tt, r .-'• `,'.•, �,)'i�• ., !, .dY.• ^.,.'QF'',. t•s:`', -1.:"'iq" - .,t.- ..ro•-! t�' _,. . : ,Pi.':•;•�'i�'_,.„.^�!'Yr'�e�'. r,t' •ra• •.YS,�. '�F�f�`nr„r+�YE. •4S' .st. � I —.�__ r f.3c�5twiE,6�T �D�P..� �o •�/L//GL o rC .,g b. ��o �ee.ESSCA TOWN OF SOUTHOLD, NEW YORK DATE.JU 1�7 2 6, 1979 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2559 Dated June 4, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Edward H. Schwiebert Appellant 202 Round Hill Road Roslyn Heights, New York 11577 at a meeting of the Zoning Board of Appeals on July 5, 1979 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 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 ........I........... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7.30 P.M. (D.S.T.) Upon application of Edward H. Schwiebert, 202 Round Hill Road, Roslyn Heights, New York, for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the side yard area. Location of property: Mill Creek Drive, Southold, New-York, bounded on the north by Mill Creek Drive; east by Pursel; south by Long Creek; west by MacDougall. 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 AppOE t���' NTNG BOARD OF APPEALS FORM ZB4 a C�l ea� • After investigation and inspection the Board finds that the appli- cant is the owner of a parcel of land located on Mill Creek Drive, Southold, New York, which':abuts Long Creek. In order not to disturb the water front view of his neighbor the applicant wishes to construct an accessory shed in his easterly side area. The Board agrees with the reasoning of the applicant. The Board finds that strict applicatin 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. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Edward H. Schwiebert, 202 Round Hill Road, Roslyn Heights, New York, be GRANTED permission to construct an accessary shed in the side yard area, as requested. -Location of property: Mill Creek Drive, Southold, New York, bounded on the north by Mill Creek Drive; east by Pursel; south by Long Creek; west by MacDougall, upon the following conditions: (1) That the shed shall be located in the easterly side yard 9 or 10 feet from the corner of the front of the house. (2) Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill. RECEIVED AND FILED BY TM SOUrAOLD TOWN Cf DATE q/.27179 HOUR Jo:.30�4) el ��7 . r' Town ter, Town of Souawid , i N { - 1 ®® mill crook Drive sautholdF Few York i - Iry .S, %G - I W-0 =- - _ r U�Vi n II r. 00 J v TOWN OF SOUTHOL D, NEW YORK DATE-Puttt.s.....3.Os 1971 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1460 Dated September 2, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD V 6 To Paul Harry Orlowski Appellant Grove Road Southold, New York at a meeting of the Zoning Board of Appeals on September 309 1971 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 ( 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 7045 PoMo (E.S4.T.), upon application of Paul Harry Orlowski, Grove Road, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 3039 and Article X, Section 1000A, for permission to divide property and set off lot with less than 129500 sq. ft. of area. Location of property*. southeast corner of Mill Creek Drive and Grove Road, Southold, New York, bounded north by Mill Creek Drive, east by Mill Creek Drive, A. Gordon Smith, & J. G. Havens, south by P. Simons, & A. Gordon-Smith, west by Grove Road. Fee paid $5.00. 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. ZONING BOARD OF APPEALS r FORM ZB4 � � c C��C��•�F. � Marjorie McDermott, Secretary l� After investigation and inspection the Board finds that applicant requests permission to divide property and set off lot with less than 12,500 sqo ft, of area on the southeast corner of Mill Creek Drive and Grove Road, Southold, New York, The Board finds that in order to convey 12,500 sqo ft. the applicant would have to surround his garage with another person's property, which would result in problems of lawn maintenance and garage maintenance for both the purchaser and the seller. The road frontage is 113,04 feet and the square footage of the land to be conveyed would be within 93% of the requirement of the 12,500 square feet. The Board is in agreement with the reasoning of the applicant. 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-this 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., THEREFORE IT WAS RESOLVED Paul Harry Orlowski, Grove,Road, Southold, New York, be GRANTED permission to divide property and set off lot with less than 12,500 sq, ft. of area on southeast corner of Pill Creek Drive and Grove Road, Southold, New York, as applied for. Vote of the Board: Ayes*.- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. MILL CREEK 9)Rlt/E Q� F. OP/OWJAI* :4 "' fieri/ Oi/ow6ki . i,R��p,T'ir1-�-y•.•-I �� i �C 4d.9 n�- 7- -j —4 --- se 1f;I,t 4 I Z � S N 4 re.o CA z f p a o �+ W O ity i MAP OF LAND Elva' - ��+moi: •�II ��� - a� ' r.. il!'r. t Y "i,�_' _ � ' . ' '+}�,5.•1:�;�9w�,•�,r�'��~' - �� ": .i i e,%,• ;.,b. '„ �. � ,6S'Af� � .r' b 4.; •��., •"' `,• .�:d.y—a.-:J'"T� ,+.�;d�•'a'i}4i I,Iri.�.:�t'4�•i• .naR ,` „. Z�x 's rr d++4?'- ;,',�• -tt. •;Ia •?'l.ia;,C r�Y-''%t^ .0{: . �1 ��a. n' w'v t�.l. •7C�`,.:� pT�•r7-_�4 J�7`-'�.�t �f`:�v Lk_.�t•� .'�. � '�+1�" < •flaiwia' .s.— .u_....., rA• •�ir'i`F•�-' .'rI CS..�.e'a.Y.,.:A.. �$M• .;,��� .•M:T_;.,�-�e ` NOV U3 2016 D !,/i^.%�- A 1A)2� f APPEALS BOARD MEMBERS rjv S0� Mailing Address: Ruth D. Oliva,Chairwoman �o�� ly�� Southold Town hall Gerard P.Goehringer 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Locgtion: Michael A. Simon ^•c' S �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman 'Y�oUi ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MAY 12 2DO6 FINDINGS, DELIBERATIONS AND DETERMINATIOSOUth01d Town Clerk MEETING OF APRIL 13,2006 ZB File No.5845—JULIE ANNE HAERR Property Location: 305 Mill Creek Drive,Southold CTM 135-3-28.2 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 19,760 square feet with 100 feet along Mill Creek Drive. The property is improved with a single-family,one-story dwelling and accessary frame shed, as shown on the survey prepared October 31,2005 by Stanley J. Isaksen,Jr. BASIS OF APPLICATION: Zoning Code Chapter 100, Sections 100-242 and 100-244, based on the Building Inspector's January 10, 2006 Notice of Disapproval, concerning a request to build additions. The reasons stated for denying the application is that the new construction will increase the degree of nonconformance when located less than 40 feet from the front lot and less than 15 feet from the side lot line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The new construction areas which are the subject of the disapproval by the Building Inspector include an addition to the first floor, a two-car garage addition, and addition over the existing first floor footprint, as shown on the plan prepared by Robert Stromski, R.A. dated 1/23/06(project No. 0526). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to add a second-story addition over the existing footprint of the dwelling, and to add additions on the first floor which includes a 22'x 24'garage connected to the dwelling by an 8 ft. wide addition. The setback is proposed at eight feet instead of the code requirement of 15 feet. Also proposed is an increase of nonconformity(applied under the Walz Interpretation No. 5039 for nonconforming buildings), utilizing the same 36.3 setback of the dwelling for the extensions/additions. All of the reasons were addressed, as well as further reviews and visits to the area homes in this vicinity. An Page 2—April 13,2006 • , ZB,File No.5845—Julie A.Haerr #r jqy CTM No. 135-3-28.2 increased setback from 8 feet to 10 feet on the easterly side yard is the minimum that the Board is willing to grant. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance,based on the nonconforming setback that exists for the applicant's dwelling. 3. The difficulty was created with plans to increase the size of a dwelling in a nonconforming location. 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 has furnished copies of Permit No.6296 issued February 15,2006 under the Town Wetlands Ordinance. 5. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried,to DENY the variance as applied for with respect to the side yard;and to GRANT alternate relief for a minimum ten (10)ft. setback from the easterly side lot line (instead of 8 feet);and to GRANT the variance as applied for with respect to .the front yard setback, as shown on the plan prepared by Robert Stromski, R.A. dated 1/23/06 (project No. 0526) (plans to be modified to comply with the above requirement of alternative relief). Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, 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. Vote of the Board: Ayes: Members Oliva (C oman), G ringer, Q ' ' , im d eisman. This Resolution was duly adopted(5-0). G rd P.Goehringer 5/ /06 Approved for cling DESCRIBED PROPERTY SITUAT FLOODZONE AE-8 SOUTHOLD, TOWNEOF SOUTHOLD SUFFOLK COUNTY, N.Y. `S 7e2800E DREDGED SURVEYED FOR. JULIE ANNE HAERR CgNq� (ARSHAMOMOQUE POND) TMJ/ 1000-135-03-028 1 W GUARANTEED TO JULIE ANNE HAERR �- `"�„ a Po•°r g �� 1�\ -\ \ e ELEVATIONS SHOWN ARE IN 7929 NOVO. \` FLOOD ZONE DATA IS FROM NE DATE MAY 4 ��NUMBER}610300158 O EFFECT 1998 FLOODZONE AE- 10 PROPOSED ADDITIONS TO RESIDENCE. ryryP SURVEYED 31 OCTOBER 2005 SCALE 1'= 30• AREA = 79,768 S F eu.,:w�r>:raarare°Heeearsnul.A,A, OR tmrroneernsar,eq,nn,rneyR,ro. 0453 ACRES 4�A�R,um wlavtmworo rrE m+eaawwvr m�acvnaAcoc, ��' °rsnr"uor'RA'ssrxAmero+nnrat neett>rEanonn� SURVEYEDSTANLEY J [SAK—I-EN, JR arFxamva7,mNvlrorwe PO BOX 294 smrrsA VArwrwnrcny,nww NEW .4F OLK. N.Y 71956 ilff aawmuSTAte(itlfw,q/aIAW 637— 3 »5$35 rg .. ME� tu.wr°rAaro //j� wren E'�rossus+vt (/✓ `d roor mx�wmrors unap.F V ENS CJ JR OkrL A d I � , LEGEND: DISCRIPRDN SYMBOL PROPpSED CONTOUR LINE AND EIE--- EXISTING CONTOUR LINE AND ELEVATION �' SEAR M,STROMSKI, EXISTING LOT COVERAGE ASSOCIATES LANDWARD OF WET LAND BOUNDARY. ARCHMEMS PLANNERS,P.C. FMOZONE AE-B DESCRIPTION SOFT aa,awvaE xsw masa / Ex RESIDENCE 112752 WOO - 0m eoovr r+vronc a,Yre Ex 2888 Imoa+E Lsagrw..aesx eAx TAgr,a.scsa EX WOOD RAMP Ex SHED295EX DRIVEWAY 71. DREDGED CANAL (ARSHAMOMOQUE POND) Ex CELLAR ENTRANCE �2 Proposed Addition& Alteration For Ek• ` � Ex.LOT COVERAG 11 66Z iMr. and Mrs. Fy s r�r \� �qys ' \ '67 77- PROPOSED LOT COVERAGE 1 ¶� �w�NI LANDWARD OF WET LAND BOUNDARY. Karl Haerr --, DESCRIPTION SOFT d` _ s�_ - Ex RESIDENCE 1127.52 �n� ? \ oaf \ PROPSED DECKADDITION 188 $� 0- PROPSED DECK 400.8 eY.yycolaC +� _ \ \' \ PROPSEDDRIVEWAY 762 PROPSED GARAGE 528 30S Mill Creek Drive PROPSED STOOP 28 .,j• °° w \ �' _ t, Ex CELLAR ENTRANCE 432 Southhold,N.Y. 11971 ♦\\`J' Ex SHED 71 34 ze � v c �♦ EL ° \`F\_J FLOODZONE AE- TO TOUL• 3128 BB SERI. Qa PROPSED LOT COVERAGE 19 46R °610 ¢_'Y- U ♦ r"Di, I ^°E PED A ♦cmc F<x DESCRIBED PROPERTY g% °4f Ae® OF SOUTHOLD SOUTHOLD, TOWN s.�� h a \ e sro� ad p \♦ SUFFOLK COUNTY, N.Y. �'� o ft �ia1a m 'k O 2 m t l ,mfA ^`V SURVEYED FOR DUDE ANNE NAER > .1 10oa-35-0-021La t F yryfiT J e� G� '• `o o'er �e m .F �'y C WEED MINE-ERF Q g O �� ��aNavm �.I:m "' � �a ' ♦ N \ a o \' �.� n�� axEvno,a SNRSN.r¢w wav Ncw F P m a4am o a®�`F�• - Mcmx E I o r.a allou wo xu,mm aelmmla c J ♦ �♦SsN cp waE wr. ooe zoos s�vts.s�.m.mmg /e/A %/ -`,�'o' .,.,. �O O '' �� ��♦.5 �mtv ,d�4.tm� dm®T .w,am,T,mN.,.r�som •i �• ,�-'•�• ry'L �g,Q� pQQ MAP SIiOWING PROPOSED ADDITIONS TO RESIDENCE �•-'�„ C'iQ `•=_''��-=` h ppPp b����A.�'1m Qaspal.Ya,au®°' /� cEssrux 8 C �"�'��`.- i;'♦ / �♦e10 eao)EcrND asac \_� 'ip Sr'•ry a•�9V-Y• DATE vaace /•f O O "'i'•,pf NOTE, oRAmaBr sT1. aaascan er E.s \ INFORMATION FOR TWE PREPARATION OF T14I5 SITE PLAN TAKEN FROM A SURVEY PREPARED BY TME STANLEY J.ISAKSEN,JR. C` uc- LAND suRVEYaR 631-T34-734-5&35 DATED,OCTOBER 31,2005 SPlan r lan D I I Sam 1000-135-0<5-020.1 og AREA-1q,760 SOFT o� AREA OF LOT IN DELINEATED WELANS AREA-3,704 SOFT SHEET y SP-1 c ` APPEALS BOARD MEMBER �S11FF01/-cam G Southold Town Hall Lydia A.Tortora,Chairwoman co y1 53095 Main Road Gerard P.Goehringer H Z P.O. Box 1179 George Horning D .F Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando �l � �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF JANUARY 23, 2003 D Appl No 5252 - Patricia Jaeger(J. Perlemuth) �� Property Location 420 Mill Creek Drive, Southold Parcel No 135-3-45 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,897.11 sq. ft. parcel is located on the south side of Mill Creek Drive in Southold and is improved with a one-story frame house and garage, as shown on the July 30, 1997 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's October 9, 2002 Notice of Disapproval denying a permit to construct front stoop additions at less than 35 feet from the front property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new front stoop areas 5'6"x 9' and new roof on a 5'x 8' porch, at 11 feet from the front property line, at its closest point. The dwelling is presently 10'5" from the front line at the most westerly comer. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes,the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing enclosed entrance will be replaced with this newly renovated entrance as shown on the sketch dated 1/13/03 by Elizabeth Thompson, Architect. The setback of the new entrance is in line with the established front yard setback of the house as exists, and is parallel to Mill Creek Drive. (� Page 2—Januan 23.2003 �1• //yy,, Appl No 5252—1' Jaeger 135-345 at Southold k6o' �y 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 survey dated 7/30/97 prepared by Joseph A. Inegegno, L.S. shows the existing setback of the house at 107' and 10'5", and the new entry areas are proposed at 11 feet. 3. The variance granted herein is not substantial because the home already has an established setback of 107'from the front lot line, and this established front setback is not being reduced. 4. The difficulty has been self-created because the property was purchased with knowledge of the nonconforming closeness to the front lot line and the code requirement of 35 feet. 5. leo evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood because the small renovations/alterations do not change the character of the dwelling or residential area. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new front entrance stoops, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE ROAR®: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried to GRANT the Variances as applied for and shown on the plan(prepared by Elizabeth Thompson, Architect dated 1/13/03 (as revised). 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. Vote of the Board:Ayes: Members Tortora(Chairwoman), Goehringer, Oliva, and Orlando. land was absent.) This Resolution was duly adopted (4-0). RE. ( ia... �, Dy {{ �, Lyd' A. Tortora, Chairwoman 31 -7 /03 y _ i Qi4n- u, � - A4,1 �� •� `ya�Gp a +�i.!'.. 1���-�,�•__ CS�vo�� `1'C�1JI �.-rr a tr� ®Os /'', it!..� :ti, ..�r�.e 6 art -e;;• -'1 C� �O• .yC't� �_� - fills _ Xil NSG � •hy.�.� �, �w� �• •...... •:a r j 'o�ip'i�4' �e••.1'.. i� Y—�_..-"T'��...ic.^w.a^�=- `r 3 SURVEY OF PROPERTY SITUATED AT 1 SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-135-03-45 a\Nti Sss ` SCALE 1"=20' ?So• ` JULY 30, 1997 'BQ74, j�L ° od �� 1 AREA = 14, ,. 1897sq. It. 9T�6 d \\p h6 ��'` S 582 . �'ti•�� P��^n�'•,� $�05�0'S�SNICIC \\ SD.. A \ \ 0 5 F \ ers 0 Cc302) &30YC •�ir, ` CERTIFIED T0• COMMONWEALTH LAND TITLE INSURANCE COMPANY 7. ,'� THE BRIDGEHAMPTON NATIONAL BANK JAMES A. GINAS M.TINA CONWAYCONNWAY N. o O 411 i/ ° G06 p0 O S y0• �Z SOPa�y6 X02 y.o S1 b fox 0% N•ED�J o S �� ro�s"�°xrtY�a aniromw„at muuirox:u w n¢,¢W rmN suTE mErFs w nu sux.TY u.P wr EGRWG iRE UND SOR.LI'O�NRED ELN.OP d805 A SE4 9W1 hw BC wr®dED ro OE.WYN TROE LbT 1CWOnM ro VE WOCUEO FORON SHNL RIIN w.Y TIE PpI50YMOY 10 1SIIRYM 6 —ARMIIID OH M.OpII1F ID TiE ln1E COuvu1Y GOVFANUE1TIl AOF1tl.Y 4ID tF,OavG VbT,MON IIaIEO NEINON ANO TO TIE ASbGx.S OF TIE IERR'G PbT- INUN CDO6fwid6 lAE xai 1R4'6fEA18,L THE MSTENCE OF RIGHTS OF WET A.NO/OR[ES[u[MS OF RECORD,6 //�J ANY,HOT SHOWN ME NOT GUA9 EEO. PRE..m.00—CE wnN�EE Joseph A. 9ngegno �r �syP f'�yoy, Lend Surveyor GTU.S—p—SuM—.—51.Pb..— C—W.6o Loy-I I PHONE(516)727-2090 FOx(516)722-5093 �•:9JL.4 D b v OFFICES LOCATED N E LMG ADDRESS NYS be No 49668 One UID.SRuve P.0 Bax 1951 Aq.Bogue,N-Yah 11931 River m.H-Yoh 11901 97-334 :7' �Ia,��,I.�©,�Il� ..��1a1e7IC�JL7ma� � /1A7 -ice « /Leif z r Ot c TOWN OF SOIITIIOLID, NEW YORK DATE ... ...22, ..........1g70.. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1376 Dated October 7, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Harold W. Maher Appellant Mill Creek Drive Southold, New York at a meeting of the Zoning Board of Appeals on October 22, 1970 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 (� 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 9000 P.M. (E.D.S.T.), upon application of Harold W. Maher, Mill Creek Drive, Southold, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 300 m 6, and Section 309, for permission to locate accessory building in front and side yard area. Location of property.- south side of Mill Creek Drive, Southold, New York, bounded north by Mill Creek Drive, east by Robert Auld, south by Mill Creek, west by Meadow Lane. Fee paid $x,00, 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 o1 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 APPROVED ZONIING BOARD OF APP ALS FORM ZB4 Marjorie McDermott, Secretary Chairman Board of Appeals ' Southold Town Board of Appeals Aj �� f It Ar ;rh ?�` • � _ �',_ 1. j F ."i _ . 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Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHDLDL PHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3016 Application Dated July 21, 1982; filed July 27, 1982 TO: ' Environment East Inc. as agent for [Appellant(s)] Alfred and Susan Stretz 3075 Indian Neck Lane Peconic, NY 11958 At a Meeting of the Zoning Board of Appeals held on August 17, 1982 the above appeal was considered, and the action indicated below was taken on your [ j 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 [XI Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this matter was held on August 17, 1982. Upon application of ALFRED AND SUSAN STREW, by Environment East Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct deck with insufficient rear and side yards at 555 Mill Creek Drive, Southold, NY;, bounded north by Cassidy; west by Mill Creek Drive; south by Egan; east by-$ashamomuck Pond; County Tax Map Parcel No. 1000-135- 3-32. The board made the following findings and determination: By this appeal, appellants seek permission to construct a deck approximately 16 feet deep and 14 feet across leaving a setback at its closest point from the bulkhead of 15 feet and 18 feet at its farthest point from the bulkhead. The setback distance from the northerly Property line (presently adjoining Cassidy) is 916" at its nearest point. The premises in question contains an area of upland area of approximately 7500 square feet, with 65 feet fronting Mill Creek Drive and an average depth of 115 feet to the bulkhead, and having frontage on Hashamomuck Pond of approximately 75 feet. The board agrees with the reasoning of appellants under the circumstances and do find the area to be the most practical and feasible. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, that Appeal No. 3016, application for ALFRED AND SUSAN STRETZ for permission to construct deck with insufficient rear and side yard setbacks as applied for, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (Continued on Page Two) DATED: August 26, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) .f Page 2 - Appeal No. 3016 Matter of Alfred and Susan Stretz �� Decision Rendered August 17, 1982 1. This construction must always remain as an open deck and never be enclosed for living quarters (or be permitted to be roofed) ; 2. That the grant of this variance is subject to D.E.C. approval (if applicable under the circumstances). Location of Property: 555 Mill Creek Drive, Southold, NY; County Tax Map Parcel No. 1000-135-3-32. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen, Fishers Island, was absent.) This resolution was unanimously adopted. APPROV Chairman Board of App Is ;RBCEIVED AND FILED BY UTHOLD TOVVld CLERKI�aHo�3:1sP M lesl:, Town of ufhold a TOWN -C.-r' tb RC- q PI PE, uj c 9,LTr,,ATIZ:,-.V I A-,*rrlDt4 IS A VI-DI.ATION OF GUARkN TEED TO STATE H'E' CWH AS 0 T 17 L E 1 5 L,,R F M P A. VORIC tilry W. 'N": 14 :) -4Y1 NGiS BAN D 70 T E 5 JUT-HOL AP.AP W)l 9EARINC CONAMM JUNE 2 T.:: -4.' 1'. 'Pit 177483 qL ^,.P.tV AW 1-0 (E LO':KB LOQ'_,2:. LN p-ozrl t,--Y, I � I I IL12Pc 'e .I a• 9 f ti 1 S 4 k TOWN OF SOUT.KOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE .Jan. .19a 1967 Appeal No. 1017 Dated January 5, 1967 ACTION OF TRE ZONING BOARD OF APPEALS OF TAE TOWN OF SOUTHOLD To Robert Auld Appellant Mill Creek Drive and Meadow Lane Southold, New York 11971 at a meeting of the Zoning Board of Appeals on Thursday, January 19, 1967 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 (D Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined thgt 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 7:30 P.M. (E.S.T. ), Upon application Of Robert Auld° Kill Creek Drive and Meadow Lane, Southold, New Y rk, for a variance in accordance with the Zoning Ordinance, Article 111, Section 3069 for permission to reduce front setback on a side streets Location of property: southeast corner of Mill Creek Drive and Meadow Lanes Southold, New York,' bounded north by Mill Creek Dri3res east"by Do Pursells south by Mill Creek, west by Meadow Lane. ' 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 ( 3 be reversed. h a C> BOARD OF APPEALS FORM ZB4 Barbara C. Dittmann, Secretary After investigation and inspection the Board finds that the appellant requests permission to reduce the front setback of a dwelling located on Meadow Lane, Southold, New York, for 35 feet to 15 feet. The Board notes that the lot upon which the dwelling is located is unusually odd shpedo The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be sh ed by all properties alike iia the immediate vicinity of this pro�r`ty knd iia the same- use distr3,ct; and tae Vedkiance does observe the spirit of the, rdinance and'will not cha3age- the character of the district, J Therefore, it was RESOLVED that Williaii Bo Smith, a/c Robert Abld, Southold,'New Yokk, be granted permission' to reduce the setback of the dwelling on Meadow pane Rx9imt from* 35 'feet to 15 feet. 01 -scale.- 60'=1" MAPFWO im r� i rrs a�i iroxJrmdl�le aH/ ROBEiZT- P. AULD AT -Dra wp'i Doc. 7'cr�rJ o� o���isfd, A,.Sf. Lic. 4 and Jurd�gyors i BOARD MEMBERS of S0Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� �'Q�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes s Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �® ® iO 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUNT`1Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 July 27, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6985 Owner/Applicant: Bours, J. & R. Action Requested: Construct accessory garage — size & setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson B ' Encls. BOARD MEMBERS of S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning �� ao 54375 Main Road(at Youngs Avenue) Kenneth Schneider COMM Southold,NY 11971 r http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 November 21, 2016 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Application#6985, Robin&Jeroen Bours Granted in Part, Denied in Part SCTM No. 1000-135-3-42.3 Dear Applicant; Transmitted for your records is a copy of the Board's November 17, 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. Sincerel , Kim E. Fuentes' Board Assistant Encl. cc: Building Dept. SURVEYED FOR: ROBIN SOURS & JEROEN R.BOURS LOCATED AT: SOUTHOLD,; /O SOUTHOLD, 100 SUFF.CO.NY. LOT: IS DESCRIBED NOTE: MAP OF: AS SHOWN F!N All proposed structures shown with dimensions and property line setbacks c® cs S.C.T.M.# 1000-135-3-42.3 1 are as per owner and/or Architect SCALE: 1 ".=20' design. Lm i z S M,C` ,°' Pro ed �a 8S Poroh 6rec/ 4 N � m ^• ai Pro `o Gera°Sed / o W/ragpsstOra9e / ramp M N x•23 p,2 r 50 / / I 53.7 3 . I M 1SToRy 8.0 &AM,�r)V4.. o CO 24.7 6 /a l utl�oo.2 6 0 1 co ramp N O / 3 Uj � � W 1$0� / 2 ' 3.0x8 0 N 8/ate pjat �3�l U Propo, C, /r m °Ch ed 1 story 42.3 l lb Z' COT aRA=17 g o 0 -7 —3 e7 N 75 20'00„W 0 Ott C jos 00 CERTIFIED TO: P ROBIN BOURS&JEROEN BOURS R. CHICAGO TITLE INSURANCE CO. (TITLE#C15-7474-16196) proposed WALL STREET MORTGAGE BANKERS,LTD DBA- work 5-17-2016 POWER EXPRESS FILE# 50593 Y/ h, NS M rr Oji `= •,��"'; sic• ���- ` WILLIAM R.SIMMONS 3RD.L.S.P.C. �0 128 CARLETON AVE, EAST ISLIP,NY,11730 0.49237 - �S�O PH 631-581-1688 FX 631-581-1691 DATE:7/24/2015 SCALE 1"=20' DRAWN BY:E.S. , D Ecx9 x ) 0 NOV 0 3 2016 SURVEYED FOR : ROBIN BOURS & JEROEN R. BOURS LOCATED AT: SOUTHOLD,T/O SOUTHOLD, SUFF.CO. NY. LOT: IS DESCRIBED NOTE MAP OF: AS SHOWN All proposed structures shown With dimensions and property line setbacks S_.C.T. M.# 1000-135-3-42.3 are as per-owner and /or Architect SCALE: 1 11=20' design. k m o OR - P o vere ed orCl, cY Qa°poag sed I a o 50 53.7 8.0 FR��RY #60p w� -- - - -- -a --- - -� - ^¢7 rn rn O x �o rerr,p !r 3 LU �- r 75 0, LI J 3.0x8 0 N , J slate pear ' m U / 3 Proposed u 3 J or Ver story C �o TAX L OT 42.3 Ur � - ca 0 0 0 CV r O C/) pj w N 1'56 A41LL G,R '09 00 CERTIFIED TO: ROBIN BOURS&JEROEN BOURS CHICAGO TITLE-INSURANCE CO. (TITLE#C15-7474-16196) proposed WALL STREET MORTGAGE BANKERS,LTD DBA- work 5-17-2016 POWER EXPRESS FILE# 50593 WILLIAM R.SIMMONS 3RD.L.S.P.C. 128 CARLETON AVE, EAST ISLIP,NY,11'730 PH 631-581-1688 FX 631-581-1691 DATE.MU2015 I SCALE:1°=20 1 DRAWN BY'ES SURVEYED FOR: ROBIN BOURS & JEROEN R.BOURS LOCATED AT: SOUTHOLD,T/O SOUTHOLD, SUFF.CO.NY. LOT: IS DESCRIBED MAP OF: AS SHOWN NOPE: All proposed structures shown with dimensions and property line setbacks S.C.T.M.# 1000-135-3-42.3 are as per owner and/or Architect SCALE: 1 "=20' design. s e M1<< 82 - �RFF 40„� 3co 0 a m Pr C epos 8S s P°shred d Nco Gro'°OSec/ 00 W/rampsStO�a9e $. l ramp N; �•30 50 / 53.7 C� 08.0 / iv 1 STO l FRAME pwl 600 - - - -- -— -- - � / / 24.7 o 4 4 ro5, / l util, o 2 3°0 l 1 m v >. 13 w / amp `� O ,a W 15.0, / 3 0x8 N , / slate plat 3 U Propos 3 J Coyer ed J l ped orch 1 story T 41 Ax SOT 42.3 l I COT AREA=17,951 I o Q) / SQ.Fj N co _ N 75 20,00„ Ott C�cc 109.00 CERTIFIED TO: ROBIN BOURS&JEROEN BOURS CHICAGO TITLE INSURANCE CO. (TITLE#C15-7474-16196) ro osed WALL STREET MORTGAGE BANKERS,LTD DBA- work 5-17-2016 POWER EXPRESS FILE# 50593 S� I ONS ii � ! NOx WILLIAM R.SIMMONS 3RDI.S.P.C. 128 CARLETON AVE, EAST ISLIP,NY,11730 0 10 o -1A19c' S Cg ND�2sFo SVP,� � PH 631-581-1688 FX 631-581-1691 DATE.7/24/2015 1 SCALE 1”=20' DRAWN BY:E S. 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LP .L 11: Ar-,1_�• -'4- L f a -`_I-' ',! 1 ,1 -il n ,!I 1`I` (i-ItftuL - ' /•- NEW WOOD POSTS _ i.._� y II -Ir' ! � H PROPOSED PORCH - 1—(T— ���!ll- lirnl L�I�- -� �I�tI-i1r1L fly 1 I ' IL�11 i,l.,tl,Ir ll� I I I liI 111' 1 I 11 I I' �" L(I • 1 ! 11111 11 I��rI Viii -r ii r I n ' r �- ;I�1 111-n it I� BOURSRESIDENCE -j i r r 1 _ �' r II n 1 1L�1it Hl i ll l l 1' t-f" i ?Lt i it Lqi-rr I`�' i I li- ! tlt`17-rI 600 Mill Crook DrNe C 1t 1J_.I l L I� I I 11 I p J -ILi,=t _1,r1L 1 17--, -t I UP I IrI=L{ LIL:!I !r i-! lr'r-ri r T'"'tl I I Southold,11971 r:'I t ti,.IF, !1 I,n,� i 4-nY in4�tLTn 8.8' 11-5. 5$• 23'-6' FINAL MAP REVIEWED B� ZB� �f�� RECEIVED aoao>�aoavBtw� NORTH ELEVATION 40 PROPOSED PORCH PLAN JUL 1 2 ry/�a aaDrawmg isS0%anssxl7 1 SEE DECISION ��'�'®� S_Ie.1/4�_t'Ov /y W �+v d Gl 2016 PaPerS a e B 50%SraleAOovo Sple:1/4'=1'-0' V / I ^ I I ZONING BOARD OF APPEALS A-201 L- -- ®2015 Meryl KmmerAmlittect ucoew,c„m s SURVEYED FOR: ROBIN BOURS & JEROEN R. BOUR,S LOCATED AT: SOUTHOLD,T/O SOUTHOLD, SUFF.CO. NY. LOT: IS DESCRIBED NOTE: MAP OF: AS SHOWN All proposed structures shown with dimensions andproperty line setbacks S.C.T. M.# 1000-135-3-42.3 are as per owner and /or Architect SCALE: 1 "-20' design. 4/44 �SUU D� kts �m o propo ar cov, Sea r� poroh od m m Gaaposed ge/sw/r to arnAs rage S,0 �J 8.0 'SroRy �EAME pwC. / r #Sao 0 � 4 O x � 2 ramp o W '~ is. 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