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HomeMy WebLinkAbout6996 CHECK BOXES AS COMPLETED C �9 J , ( ) Tape this form to outside of file f ( ) Pull ZBA copy of ND y 0 a to( ) Check file boxes for M a CL ( ) Assign next number '" N � N outside of file folder o ( ) Date stamp entire o i file number M v 3 0 00 m rn 0 ( ) Hole punch entire of v x rn 3o G); C CD (before sending to T. I �; �, y ( ) Create new index ca � w -0 m u t rti- 1 ( ') Print contact info &i o ,�- 0 w < ( ) Prepare' transmittal 1 1 f— W -N " rn a I ( ) Send original a,pplica o cN) to Town Clerk ° [ ) 3 Note inside file folde and tape to inside of i ( ) Copy County Tax Mai -n Neighbors and AG lot ( } Make 7 copies and pu ( ) Do mailing label w ccs rn col-vrcl e-C cap ral/tt, mua CAI �PH Id-15102- � ��laa � Sig OV,��o 47 b 7-2) BOARD MEMBERS rjF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ. 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning '��'Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YCQUITNI Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD &nd Ped) /=2 q yyy�,Tel.(631)765-1809-Fax(631)765-9064 +Souold - 2 2016 FINDINGS,DELIBERATIONS AND DETERMINATIONa (� �'v'lXX� MEETING OF DECEMBER 1,2016 Town Clerk ZBA FILE#6996 NAME OF APPLICANT: Homes Anew 1 Ltd. PROPERTY LOCATION: 9625 Main Bayview Ave. Southold,NY SCTM 1000-88- 23.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23, referral of this application to the Suffolk County Department of Planning is not required. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming, 41,553 sq. ft. parcel in the R-40 zoning.district. The northerly lot line measures 171.54 feet along several other parcels. The easterly lot line measures 233.87 feet along an adjacent parcel, the southerly lot line measures 188.64 feet along Main Bayview Road, and the westerly lot line measures 232.93 feet along another parcel. This property is improved with a multi- family dwelling as shown on the survey prepared by Pat. T. Seccafico.P.L.S., last revision dated August 1, 2016 to show proposed wheelchair ramp. The property has historically existed with a non-conforming use as a multi- family dwelling, and has a Pre-CO, 9128 M-R dated December 12, 1972, for"5 permanent occupancy apartments". BASIS OF APPLICATION: Request for Variance(s)from Article IV, Section 280-18 and the Building Inspector's June 10,2016,Notice of Disapproval based on an application for a building permit to construct a handicapped accessory ramp attached to-an existing multi-family dwelling, at; 1)less than the code required front yard minimum setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance to construct a wheelchair accessibility ramp with a front yard setback of 7 feet, where 50 feet are required by code. ADDITIONAL INFORMATION: The building that is the subject of this decision was reportedly constructed in the early 1900's as a multi-family residential building, and since the inception of the zoning code, it has been classified as a pre-existing non-conforming use as a multi-family dwelling in an R40 zone district. The applicant, Homes Anew, is a private non-profit entity with a mission to provide a home-like environment,within a supervised setting, for special needs persons with a range of significant functional disabilities. The applicant's building contains five (5) living units, all with separate outdoor access. Currently one (1) unit is used for staff, and four (4) other units Page 2,November 17,2016 #6996,Homes Anew 1,Ltd. SCTM No. 1000-88-3-23.1 are occupied by 8 disabled persons. On-site supervision and personal assistance are provided as needed by the staff on a round-the clock basis. ZBA decision #6853, dated May 21, 2015, granted variance relief for a front yard setback of 10 feet to enable the applicant to make repairs, in place and in kind, to the existing porch. ZBA decision 45255, dated December 12, 2002, reversed a building department notice of disapproval, and therefore, allowed interior alterations to be made without the need to grant variance relief. An adjacent neighbor testified about and submitted a letter voicing concerns over bright outdoor night-lights, garbage blowing from the applicant's property, and excessive noise from staff and residents during late hours. She also questioned the expanded intensity of use of the subject property that requires twenty four hour personal assistance by one staff person for each resident and the related need for a very large new parking area. She also questioned whether the current scope of the use of the property as an assisted living home for disabled persons is permitted in the R40 zone district. 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 &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The multifamily dwelling has existed in the same location since before the inception of zoning code. ZBA decision #6853 granted a variance for a porch front yard setback of 10 feet. The wheelchair ramp will be a low profile structure that will not have any noticeable impact on the character of this neighborhood since the dwelling sits on a hill that is high above the street grade. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance. The applicant wants to provide wheelchair accessibility for a designated unit located in the front of the building. A variance is required because the existing building has a non-conforming 10 feet front yard setback where 50 feet is required. Therefore, any construction anywhere in the front yard area needs a variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 86% relief from the code. However, the building has existed in its exact location, with a nonconforming front yard setback, since before the creation of the zoning code. Topographical considerations make it problematic to have any alternative design of the ramp that would have allowed a possible increase to the proposed front yard setback. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law V67-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a wheelchair ramp located with a non-conforming front yard setback, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,November 17,2016 #6996,Homes Anew 1,Ltd. SCTM No. 1000-88-3-23.1 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 Horning, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for and shown on the survey drawn by Pat. T. Seccafico. P.L.S., last revision dated August 1, 2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall plant evergreen screening along the entire length of the rear(northerly)property line with a minimum installed height of 6 feet from ground to tip, and spaced no further apart than three feet on center. Said screening shall be continuously maintained by the applicant. 2. All night lighting on the subject property shall be dark skies compliant per town code, and shall not spill over on to adjacent properties. 3. All on site trash disposal shall be maintained on site and enclosed in containers that ensure no trash will be blown on to any adjacent properties. 4. Residents, staff and visitors on the subject property shall observe the noise levels set forth in the Southold Town Noise Ordinance 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 Weism n, Chairperson Approved for filing /-�( -. /2016 BOARD MEMBERS OF so 53095 Southold Town Hall Leslie Kanes Weisman,Chairperson ��' yQ 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes sa Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'YOWN%�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 February 6, 2017 Frank A. Restituto,Architect 18 Crabapple Lane Commack,NY 11725 RE: ZBA#6996,Homes Anewl,LTD 9625 Main Bayview Road, Southold, SCTM No. 1000-88-3-23.1 Dear Mr. Restituto; We are in receipt of your correspondence dated January 9,2017,requesting an approval to amend conditions imposed upon a variance which granted improvements to the above subject property. In the subject determination you were granted variance relief to construct a wheelchair accessible ramp in the front yard having a non-conforming front yard setback. The first of four conditions imposed in that decision required the.planting of evergreen screening along the entire length of the rear property line. Your request is to amend that condition by reducing the length of the area to be planted in order to reduce your costs and because a portion of the subject area along the rear is already screened by a natural vegetative buffer. I placed your request on the agenda of the Board of Appeals Regular Meeting of February 2,2016 where we discussed your letter and reviewed ZBA determination#6996 dated December 1, 2016. Prior to that discussion, Board Members and I conducted individual inspections of the subject property. It is the decision of the Board to amend Condition#1 to require that you plant evergreen screening starting from the northeast corner along the rear property line and ending at the solar arrays. Additionally,the Board requires that the two existing accessory structures in that area be removed. The plantings should remain 6 feet in height from ground to tip and spaced no further apart than three feet on center. Screening shall be continuously maintained by the applicant. I will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit. If you have any questions,please call the office. Si ere , esWeisman Chairperson/Dept. Head cc: Michael Verity, Chief Building Inspector FRANK A. RESTITUTO CIUTECT 18 CRABAPPLE LANE, COMMACK, NEW YORK 11725 (631) 543-5430(631) 343-7047 FAX RECD�'ocv� FRESTITUT®@A®L.COM JAN A.8 20V January 9, 2017 ZONING BOARD OF APPEALS Town of Southold Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold,New York 11971-0959 Attn: Leslie Kanes Weisman Chair Person Re: Homes Anew-1,LTD 9625 Main Bayview Road Southold,New York ZBA Application#6996 SCTM# 1000-88-23.1 Please advised that Family Residences and Essential Enterprises,Inc(Homes Anew)appreciates the Zoning Board of Appeals decision of December'l,2016 to approve the variance request for a front yard set back to construct a wheelchair accessible ramp from grade to the main floor of the structure. This will got a long way to improve the mobility, egress and access to the residence during day to day use as well as in a case of a need for emergency egress. However,along with the decision to approve the variance, there were four conditions that need to be addressed. Family Residences will make all efforts to adhere to items 2, 3, and 4 in order to be good neighbors in the community. Item#1,requesting the planting of evergreen screening along the entire rear yard property line, will require the installation of approximately 58 trees (each tree spaced 3'-0" oc). These trees will be planted in an area that is already completely wooded and overgrown. As was indicated in the hearing,Family Residences is a not for profit agency depending primarily on state grants and private donations.The cost of the planting of these evergreens would be a major expense that they were not anticipating. As a possible compromise,they would like your consideration in planting the evergreens along the back portion of the new parking area that is exposed to the adjoining,neighbors and has a lot less existing trees or shrubs.This would require the installation of approximately 14 trees,at a far more reasonable cost. Ao preciously noted, my client is appreciative of the boards decision, and wishes to remain good ` neighbors and hopes that this request will satisfy all parties concerned and would be a reasonable compromise. We appreciate your consideration to this request and look forward to hearing from you soon.If there are any questions or if additional information is required,please do not hesitate to call on me. Thank you, Frank A. stituto ect far/j y GUARANTEES OR CERTIFICATIONS ARE NOT TRANSFERABLE. UNDERGROUND UTILITIES ALTA ACSM LAND TITLE SURVEY � OF DESCRIBED PR OPER T Y EASEMENTS NOT SHOWN AND UTILITY POLE LOCATIONS ARE NOT GUARANTEED. THE OFFSET DIMENSION SHOWN HEREON FROM THE STRUCTURES TO THE PROPERTY LINES SITUATED A T ARE FOR SPECIFIC PURPOSE AND USE, THEREFORE ARE NOT INTENDED TO GUIDE THE o t ERECTION OF FENCES, RETAINING WALLS, POOLS, PATIOS, PLANTING AREAS, n 6996 ADDITION TO BUILDINGS AND OTHER CONSTRUCTION. THE EXISTENCE OF RIGHT EDS' ROAD BAYVIEW T D WN OF SO UTHOLD RECENED OF WAYS, WETLANDS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN SUFFOLK CO UNT Y NEW YORK ARE NOT GUARANTEED AUGUNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF G 12 2016 SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP SITE NOT BEARING THE LAND SURVEYORS SIGNATURE AND RED INK OR EMBOSSED SEAL SHALL NOT BE CONSIDERED A TRUE VALID COPY. S.C.T.M. NO. 1000-88-3-23. �,�,,, nor as ..;�. .:. M_ar_AIN BAYVIEW RO AREA = 41,553 SQ. FT. ACTUAL AMOUNT CLEARED = 32,613 SQ. FT./78.57 KNOWN AS: 9625 MAIN BAYVIEW ROAD, SOUTHOLD, N.Y. KEY MAP FIRM MAP NUMBER 36103CO166 G N.T.S. LAND NOW OR FORMERLY OF LAND NOW OR FORMERLY OF LAND NOW OR FORMERLY OF GRETCHEN MARTINI MARGARET W. DENKER MARGARET AND CHRISTOPHER J. DENKER, JR. CERTIFIED TO: U.S. DEPT. OF HOUSING AND URBAN DEV. (HUD) FD. 5 60°02'40E S 51°23'00" FAMILY RESIDENCES AND ESSENTIAL ENTERPRISES 124,74' HOMES ANEW I LTD. MON. FT.1.1'N. ADVANTAGE TITLE AGENCY, INC, REND 46.80' MON. F0.6`N FE.0. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK � 0.B 1V. 1.1,E SET MON. FR. WOODED 41.0' a SHED • ALL THAT CERTAIN PIECE OR PARCEL OF LAND LYING AND BEING AT BAYVIEW TOWN OF SOUTHOLD �FE.COR. 8.4' i i - - e 3 E � _ _ _ _ _ � / COUNTY OF SUFFOLK AND STATE OF NEW YORK, AND BEING MORE PARTICUARLLY BOUNDED _ AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF MAIN BAYVIEW ROAD, SAID POINT OR PLACE OF BEGINNING BEING 120.16 FEET NORTHWESTERLY ALONG SAID LINE OF MAIN BAYVIEW ROAD 120.16 FEET FROM A CONCRETE MONUMENT SET AT THE SOUTHWESTLY CORNER OF LAND NOW OR FORMERLY OF MAHLON DICKERSON. i RUNNING THENCE ALONG THE NORTHERLY SIDE OF MAIN BAYVIEW ROAD THE FOLLOWING TWO COURSES FE.COR, AND DISTANCES; SET ' 9.6�E' 1) NORTH 51 DEGREES 22 MINUTES 20 SECONDS WEST, A DISTANCE OF 136.64 FEET TO A GRANITE MONUMENT STK 2) NORTH 60 DEGREES 02 MINUTES 40 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A MONUMENT, RUNNING THENCE, NORTH 35 DEGREES 04 MINUTES 20 SECONDS EAST, A DISTANCE OF 232.93 FEET TO A MONUMENT; y \ RUNNING THENCE SOUTH 60 DEGREES 02 MINUTES 40 SECONDS EAST, A DISTANCE OF 46.80 FEET TO A MONUMENT; b \ RUNNING THENCE, SOUTH 51 DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 124.74 FEET TO A MONUMENT; W RUNNING THENCE , SOUTH 31 DEGREES 22 MINUTES 20 SECONDS WEST, A DISTANCE OF 233.87 C�j WOODED I e TO THE NORTHLY SIDE OF MAIN BAYVIEW ROAD, OR SAID POINT OR PLACE OF BEGINNING. b o N N COVERS' . LAND NOW OR FORMERLY OFO ROSEUEN C. AND THOMAS F. STORM c I HEREBY CERTIFY TO THE U.S. DEPARTMENT OF HOUSING AND ASpliAL7 wA�K URBAN DEVELOPMENT (HUD), HOMES ANEW I LTD., c FAMILY RESIDENCES AND ESSENTIAL ENTERPRISES, INC., CONC. ON ADVANTAGE TITLE AGENCY, INC., FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK STK WOOD WOOD STOOP pypTF. 17,7 AND TO THEIR SUCCESSORS AND ASSIGNS. 1 CONC. o FE.CO,R. I MADE AN ON THE GROUND SURVEY AS PER RECORD DESCRIPTION AT THE LAND STOOP ;, l.o E. SHOWN HEREON LOCATED AT BAYVIEW, TOWN OF SOUTHOLD / 1p 7.0' COUNTY OF SUFFOLK AND STATE OF NEW YORK ON AUGUST 30, 2006 8. AND THAT IT AND THIS MAP WAS MADE IN ACCORDANCE WITH THE HUD SURVEY e ' FE.EI�D O I 19.9 1.o E. INSTRUCTIONS AND REPORT, FORM HUD-92457, AND MEETS THE l CON cp cov. �' 14'0 TRE N REQUIREMENTS FOR AN ALTA/ACSM LAND TITLE SURVEY, AS DEFINED IN THE "MINIMUM 0. cov. 24.9 FOUNDATION 31 W o STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND SURVEYS" DATED 2005. F� 95.9 13.012 STY. i` TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION, EXCEPT AS FR. DWG. � o SHOWN HEREON, THERE ARE NO ENCROACHMENTS EITHER WAY ACROSS 9825 TITLE LINES AND LINES OF ACTUAL POSSESSION ARE THE 44.3 16.9 o A r^ PROPERTY LINES; a �+� SAME; AND THE PREMISES ARE FREE OF ANY 100/500 YEAR RETURN FREQUENCY FLOOD HAZARD, AND SUCH FLOOD FREE CONDITION IS SHOWN ON FEDERAL 12.01 13.8 covFLOOD INSURANCE RATE MAP. 36103CO166 G PORCH ►� 9.0 - p OP• ASPHALT Oj TREE r ` 00' WALK x MP::.i s L18� q v N 0°02'40"W MON. N 51"22'20"W 136.64 --120.16' FD. U.P. 0 6% 48.92' PAT T. SEC( AFI CO, P. L. S. NYT #83 S CONC. , 14.s s. - SUCCESSOR TO - of N �v yo DONALD TASE, L.S. IN BAYVIEW ROAD RICHARD WILHELM AND ASSOCIATES (66' WIDE) ASPHALT ROAD FINAL MAP � O PROFESSIONAL LAND SURVEYORS REVIEWED BY ZBA NYT #83 - U.P. �� -, •, - O 328A Main Street 41 Centre Street NYT #84 SEE DECISION #� 04929- �� Center Moriches, NY 11934 Sayville, New York 11782 30 0 30 60 90 REVISED: 08/01/2016 (PROP. RAMP) D LA�`� rl 8�21//2015 (SET STKS WEST LINE) DATED l� 1. Al (631) 878-0120 FAX:(631) 878- 7190 (631) 567-4773 1fPDATE: 08/30/2006 GRAPHIC SCALE: 1"=30' REVISED: 1/26/2004 (AS NOTED) N. Y.S. LIC. NO. 049287 REVISED: 1/6 2004 (ADDED WATER SERVICE) REVISED:UPDATED:II%24/20ADDED NEW SEPTIC REVISED: 7 25/2002 TIE DISTANCE COPYRIGHT FILE NO. T6402 SCALE: 1 " = 30' DATE 3/29001 46 Op S 5 1°23'00" E _ _ _ 124.74 5 512300� APPROXIMATE LOCATION OF N ®�/EXI5TING WELL m I 25 N / i APPROXIMATE LOCATION OF EXISTING RESIDENCE + e ev 25.25 � F25.0 U / ROOF �LREA PLAN - NO SCALE � �' � � �q S.C.T.M. 0-88-3-23.1 10 CARS I (9'X20') I O I 0 + elev 22.5 -- S.C.T.M. 1000-88-3-22.3 O ROOF AREA 4\ / W r + lev 23.00 ,I ,� � � z g DWG. FAR S.C.T.M. 1000-88-3-20 r-.-- ° I U7 \ s V 4 C R5 O (9'X2 ') O 1 Q + elev 20.0 EXISTING ROOF REA 2 05/1 G/I G PARKING \ ' AREA \6/1 DRAIN TRENCH+ ele7 i 20 I � I / / G" PVC o I IC N / 0 0 0 � m �'' I PAVEMENT I I o AREA I O �-I I PROPOSED o RAMP z ROOF AREA 3 O 648.92' L 50.00 N 5 1'724'00" W 130. 4 — — — -- N 6 I op4'40" Y ti -- -._ -- EXISTING w SIDEWALK x W � z0 EDGE OF ROADWAY EDGE OF ROADWA) 3 MAIN 5AYVIEW ROAD `,� a z o z Quio Qlylll io ko RECEIVED r, ap 0 m /V AUG I C 2016 Sit ILE lu"LAN ZONING BOARD OF APPEALS S.C.T.M. 1000-88-3-23.1 SCALE: 1" = 20'-0" bt ` `r T!1[ b9l� RECEWED FORM NO. 3 AUG 12 2016 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONINGS BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL, DATE: June 10, 2016 TO: Frank A. Restituto (Homes Anew 1 Ltd.) 18 Crabapple Lane Commack,NY 11725 �o Please take notice that your application dated June 7, 2016: For permit to construct handicap ramp to existing multi-family dwelling at: Location of property: 9625 Main Bayview Avenue Southold NY County Tax Map No. 1000 - Section 88 Blodk 3 Lot 23.1 Is returned herewith and disapproved on the following grounds: i The proposed construction on this conforming 41,553 sq Tt parcel in the Residential R- 40 is not permitted pursuant to Ch 280-Bulk Schedule which requires a front yard setback of 50 feet. s � Site plan shows the proposed handicap ramp with a front yard setback of 7 feet �i Authori ed Sigghture Note to Applicant: Any change or deviation to the above referenced application. may require further review by the Southold Town Buildin.-Department. CC: file,Z-B.A v Lo GENERAENW CONTRACTORS-LW -LLE 5TING L -.DRIONS,MATERIALS AND DIM@LSi0A5 1.Rte PIELD I� 3 BEPGRE CONSTRUCTION COMMWC6 WUOT SCPiC _ lFY TnEAR-T_^R OP Ya .O1MEI 100 CR OrT ESmEGTINACCORERORPReVWFGLNR RE55 V 5- u OP THE PROJECT IN ACCORDANCE VTH mEGENERAL IUTENT of me RLANS u WING ROOM BEDROOM CLOSET a 0 a CL05ET 9-2 B$ BEDROOM 00 �y CLOSET 00 CLOSET ❑5 �J 333 5 ❑ v F FOYER 'R�/C-II RR W O R BPDROOM r O © a 0 BATHROOM ❑4 LAUNDRY elev-225+ O ❑ EpSTING ROOt 0 33 O oO O CLOSET 7 O ®® ❑ s �o/� ❑ RN01Eu rygLL + ill N rA O B CL BATHROOM PORI11- 13 o p o DAp DINING R,roM R � BEDROOM 0 pµy PAR BEDROOM OO 00 CL05EF HALL LNING ROOM BATHROOM �j 5� lB CLOSEP CIDSEf RRCHW CLOSET 4 +e1<v-325 05/16/16 FO FJRSTtNG SIDEXPIR Lin :01 R CLOSTT +a1ev 2'!5 U CLOSLP oU [F[,� LIVING RCCM STAPP PIKE RAGE ® ,a; I z t�fp�ti FIRST FLOOR PLAN 2 SCALE:1/4"=P-0" 00 i. GWE 41 LJ SOUTH ELEVATION D�FAR SCALE:114" P-O" OH M 13 Ia--------------=•..•--- WEST ELEVATION RECEIVED �y� AUG 12 2016 Fee- $ Filed By: Assignment No. ZE)NANG BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. Street SCTM 1000 Section ®�Block Lot(s) Lot Size ��l• ( Zone 4 A A-0 I(WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED f°O • ®• (® BASED ON SURVEY/SITE PLAN DATED Owner(s): o MS!5� A*� LIT® Mailing Address: d "-5 � �� `.,� �� r �� f fit( C- r_— Telephone: 0I6'0'1OD® �� 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: ?CCT�T�for( ) Owner( )Other: � T Address: to> Telephone: &44PJ "Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Co. 1 (© and DENIED AN APPLICATION DATED FOR: (y}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: (qA 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 ( ) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). C7 Year(s). 1"o®,Z- (Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File4 7 ,4- — RECEIVED Name of Owner: ZBA File# AUG A 2 2016 REASONS FOR APPEAL (Please be specific, additional sheets may be used with prjP19 BOARD OF APPEALS signature notarized) 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: C �"C c�G�Lc�N (=41:0- \leC `�{� ✓Com{t(� � �=A l MNP 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: -FH9— rAC)kV�-® flu. �0 0 -CFW—��fto��� 3.The amount of relief requested is not substantial because: T FDA--K C Sc D�3 JqCX>-') V ,c�CTf!'-fes TNS 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: _ 0(r- f-" -CD 5.Has the alleged difficulty been self created? { } Yes, or IK(No Why: Are there any Covenants or Restrictions concerning this land? {v(No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same ti preserve and protect the character of the neighborhood and the health,safety and welfare of the o unity. Signature of ant or Authorized Agent A ent in mi written Authorization from Owner) Sworn to before me this day of "14 20_L_(�, N taly Public Jennifer L Covals Notary Public State of NewYork NO 01C06021485 Qualified in Suffolk County Commission Expires March 115,20-17 RECEIVED PLICANT'S PROJECT DESCRIPTI(, AUG 12 2016 APPLICANT: y :1 Ltl? DATE PREPARED:ZOQMjQbd40 OF APPEALS 1.For Demolition of Existing Building Areas Please describe areas being removed: PO RzEmb cwla II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ri NAP wt �• Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2 � `� M304 .� Number of Floors and Changes WITH Alterations: gpo IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: 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): R L� 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 I � QUESTIONNAIRE RECEIVED 641671 FOR FILING WITH YOUR ZBA APPLICATION AUG 12 2016 A. Is the subject premises listed on the real estate market for sale? Yes 4/ No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? ✓ No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? — 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? PC, 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? P& E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? 1� ® 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? �Ja If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 00 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel f � and the proposed use 47 (ex existing single family,proposed.same with gara ,poo or other) Authoriz signature and Date , r AGRICULTURAL DATA STATEMENT AUG 12 N16 ZONING BOARD OF APPEALS ZONING BOARD OF APPBAL6 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: tipmcz:�7- .p43F,-,-V� I: VCP 2. Address of Applicant: (6f @ GZ(�-�' 3. Name of Land Owner(if other th pAan plicant): 4. Address of Land Owner: 5. Description of Proposed r� Project: �J�`b� Or— c4 6. Location of Property:(road and Tax map number) 1000 g Zed• 7. Is the parcel within 500 feet of a farm operation? { } Yes {tf No 8. Is this parcel actively farmed? ( ) Yes {V�No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the ba of is page if th are additional property owners) nature o i ant 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 t jo I o2vd puLT►aed❑ :(,C•lloods)ioglp ❑ oilunby❑ a.mllnop$d ❑ ;saJoA ❑ (uegingns)IeiluapPa'l IeloaawwoD❑ Ieialsnpul❑ (am;lnop&-uou)pun-d❑ uuq.ifl❑ uolloe pasodoid aq;luou pue ftutofpe`uo in000;ug;sasn pull Ile NoogD •I, saioe Laosuods loofoid io lueoildds oql,Cq pallolluoo ao r4jr4 paumo(salilodold snon2iluoo,Cuu pue alts loofoid)o2uoloe ploy•o solos Lpaginis►p XIleols,Cgd aq of o2voioe Ielol•q salol Luol;ou pasodoid agl3o a;►s aql jo agualos lelol•s•£ /011 :Ienoidds to lluuod pus oweu(s),CouoSB lsll`soAdl SUA OAI LXou02V IeluawuiDA02 13glo,Cul wo.>3 Oulpun3 so Isnoidds`lluuod u almbai uollou posodoid oq;saocl •Z •Z uollsonb o;onu[;uoo`ou ji •Z lied of paaooid pus,44►ludlo►unw aql ui pa;oa33s aq,Cew legl sooinosal le;uauutoaiAuo oql pus uoi;ou pasodo.id agl jo luolu[oql jo uol;duosap aAlleueu u goslls`saA3I Luoi;uln2bi so'aln.i anlleJlslulwpe SaA OK `ooueu►pio`mul leool`ueld u jo uolldope 3n[lels123I aq;anlonuI,Cluo uollou pasodoid oq;soo(I•I U'IO :opo0 dlZ :alulS Od/ 110 :ss;)Ippd =ogdolo L :iosuodS to luuollddd jo owuM :uollod pasodoid jo uollduosaCl joilg :(duw uo►luool a goellu puu`ogposop)uolleoorl loafold cu :loafold 10 uollod•}o amm uol;uuiaolul iosuodS pus;aafo cd- I;�cd -wall,Cuu;uawalddns o;kess000u se saOud luuolllppe goellu`.,CouoOu peal oql of In3asn to,Cq papaau aq ll!M anallaq noA golgm uolluuuodut Isuot;lppu,Cue apinold oslu,Cuw noA •I llud ul swal[Ilu alaldwoO •uollsuuojuI luauno uo pasuq olglssod su,clgfnoloq;su lamsue asuald`wall,CUL,of puodsoi XIIn3 of papaau aq pinom u01lu21lsanu1.10 golsasai luuol;lppu 3l •olqullunu,Clluauno uolleuuopl uo poseq I lisd alaldwo0 •uolleogpaA iagpn3 Ol loafgns oq,Cew pue`MOIAa.i ollgnd of;oafgns ale`gulpucg.io leno.iddu.ioj uopuorldde aq;3o jnd owooaq sosuodsag -I I ted;o uol;aldwoa aql aol alglsuodsa i si iosuods pafoad ao;uealldde aqy -uo1puw iojul;aafo id- I;aud SIV3ddd AO CFdVO9 JNINOZ ui;ai u[oa.lo;suol;ani;suI s`oZ z � gnd uimd juawssassvJv;uawuoalaugljogs g xrpuaddd �/ a3/1I3O3a OrY 19 RECEIVED 5� Is the proposed action, AUG NO YES N/A a.A permitted use under the zoning regulations? V b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: V/ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO/ YES V b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES KI If No,describe method for providing wastewater treatment: a``P- 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? V 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ;i 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 ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? V 16.Is the project site located in the 100 year flood plain? NO YES V 17.Will the proposed action create storm water discharge,either from point or nonZN(O t sources? NO YES If Yes, 0 a.Will storm water discharges flow to adjacent properties? /N ❑YES b.Will storm water discharges be directed to established conveyance systems(rup6ff and storm drains)? If Yes,briefly describe: Q NO❑YES Page 2 of 4 h 18.Does the proposed action include construction or other activities that result in theyffLrfpnbent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: AUG i ar � �D an9� {� 19.Has the site of the proposed action or an adjoining property been the lova ton of an active or closed NO YES solid waste management facility? If Yes,describe: V 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 IN ORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 11 icant/sponsor eZ__T Date: Signature: Part 2-Impact AIts( essment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2ing the information contained in Part I and other materials submitted by the project sponsor or otherwise availabl 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 :n a:,;,•'"Y .; 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? 1/ 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? 1/ 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. RECEIVE® 4UG 12X010 ZONING BOARn dF APPSA6b ❑ 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 IIimpacts. Name of Lead Agency Date Print or Type Name of Responsibl icer in Lead Agency le of sibie Officer Signature of Responsible O er in Lead Agency Si re of Preparer(if different from Responsible Officer) . J Page 4 of 4 RECEIVED - AUG 12 2016 ZONING BOARD OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 011� 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: (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP r Submitted s ofr,, ,20 Signature Print Name } ' RECEIVE® AGENT/REPRESENTATIVE AUG 12 2016 V TRANSACTIONAL DISCLOSURE FORM ZONING officers and employees. e BOAAD �EALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town op r s 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. ��r YOUR NAME : It?f —11� (Last name,-first names,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?G°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 o/ If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP e is ,20 Si ature Print Name V_ RECEIVED Tovvn of Southold AUG 12 2016 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS 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# �2' g The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: j�pA -co Location of action: RECEIVED Site acreage: G 12 2016 Present land use: �., ING BOARD OF APPEALS Present zoning classification: 1� 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: k400JE67 AT-4z-k%J T— VT (b) Mailing address: C' POM (c) Telephone number:Area Code( ) �� C 00 (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No 1� If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) b RECEIVE® AUG 12 2016 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 0 residing at tq( (Print property owner's name) (Mailing Address) l hereby authorize (Agent) to apply for variance(s) ori my behalf from the Southold Zoning Board of Appeals. wner's Si ature) U (Print Owners Name) FORK NO, 4 TOF ESU?LDING DEPARTMENT Office of the Building Inspector Town tho N.Y.all ye ,g "'5 k1 Southold. .Y. 8 d ��77 CERTIFICATE OF OCCUPANCY WHING BOARL) No: 2-29953 b V Date: 02/05/04 THIS CERTIFIES that the building ALTERATIONS Location of Property: 3625 MAIN BATVIEW RD SOUTHOLD (EOi1SE NO.) (STREET) (F;AbH,ETt County Tax Hap No. 473889 Section 85 Block 3 Lot 23 �_ Subdivision - Filed Hap No. Lot No. _ conforms substantially to the Application for Building Permit heretomre filed in this office dated MARCH 27, 2003 Pursuant to which Building Permit No. 29257-Z dated MARCH 31, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occunancy for which this certificate is issued is INTERIOR ALTE.iRATION5 TO XN EXISTING BUILDING AS APPLIED FOR ZBA 95255 12/1 /02 The certificate is issued to HONES ANE4: I LTD of the aforesaid building. (ONNER) SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL Clo-0_ 2-001 01/30/04 ELECTRICAL CERTIFICATE NO. 113107 12/10/03 PLUMBERS CERTIFICATION DATED 12/15/03 GEORGE SCHOENIAELDER JR 6� Authorized Signatu Rev 1/81 G8/T •n.ag l aan�Eu6ig paz-�og� • -, I I _ I I Jni aRIVCI Noisvoidrlxso sxgsWn2a z/ TVAOMMFz iTsrlV= ao ,'f.NTTW. iVaffa xxb oo xrlo-Tms •S TPlTnq pT-esaaoaE aK:4 =o Q,I,l I MINI SaIATOR oq pan.ss-E sz a�EOT z�rao a� � '2iO3 Q�.iZddFi � S'i E)N, ,D-E OiG.I,I,SIm Iii RII NaLsAs exizvaH Max v 30 RIOT,,K'I'Zv,7,SRII s-r i i panss sz also�1 c�aao STq LiOiuM .'ZOZ IsaL2dnO0o @-ql •I�+�T G-U4 70 SLiOTSTAO=d aTaao-Tdd-e aul go sauamaz_-rnbaa auq zo TT-e oa sulao-uoo pus 'panss, s-21.1 i ZOOZ 'OZ MaKlad,das palep Z-T9L8Z ON :.pvzag 5utptzng j I TioTgm oq qTrensznd ZO O Z 'ST �saslrV pad-ep aa-EJ90 S-rgq ut a T I a.za=OaGaQ7R �iuzad SuTpTzng .zoo aua o-n S=oTuoo OR lo'z ON d-2K PaTi3 uozs•-aTpq T' 88 uoT40ag 688EL7 -ON they Xe,% ;¢no0; (Z:ffra5fH) oa asnori) _ CIUGHMaOS CIE ii3IAWE Ni¢DIIT SZ96 =.&a.zado.7a go UoYaleao2; 11� t�iOl i�zZiff�7d STrrptznq aT :4Eqq SH2tIIS2IIJ i'0/6T/ZO =a-4EQ ZZOOE-Z =ORI- ;MNVEnaOO aO L:LEOL Tj-dE0 T TRH UNI-OL, SIV3ddd d0 QW09 9NINOZ aogoadsuj 5uTp T-c;ig auq mo aoz7_0 �RIs]as�za�a ��.za llnff - 9fld aTIO=OS ao M-101 lvo9toz ,03AI303 d , q ToirnofSouthnld 5/1/2011 54375 Main Road Southold,New York 11971 -- RECEIVER CERTIFICATE OF OCCUPANCY No: 34920 _ Date: 5/1/2011 AUG 12 2016 THIS CERTIFIES that the building SOLAR PANEL ZONING BOARD OF APPEALS Location of Property: 9625 Main Bayview Rd,Southold,NY 1197 1, SCTM N: 473889 Sec/Block/Lot: 88-3-23.1 Subdivision: _ Filed Map No. Lot No. conforms substantially to the Application for Building Pcrmit heretofore fled in this officed dated 11/15/2010 pursuant to which Building Permit No. 36040 dated 11/19/2010 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory eround mount solar oanels as aoulied for The certificate is issued to Homec Anew I Ltd (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36040_ 4/11/I1 PLUMBERS CERTIFICATION DATED AuthEfri7ed Signature APPEALS BOARD MEMBERS O��SUFFOL�[►C� _ y► �.� Southold Town.Hall Gerard P. Goehriager,Chairman o 53095 Main Road Lydia A.Tortora P.O.Box 1179 George Horning Gy • Southold,New York 11471-0959 Ruth D.Oliva X01 �a0 ZBA Fax(631)765-9064 , Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Oq4 FINDINGS,•DEL1BEBtiiUONS ANP DETERMINATION MEETING OF DECEMBER 12,2002 AUG 12 2016 •tlk N ppl,,, o.5255—DOMES•ANE'P4�I - ZONItVG BOARD OF ApPlAlig > roperty Location: 9625 Main Bayview Road,Southold; Parcel 1000,88-343,1. SEORA, DR-TERMINATION: The Zoning Board of Appeals has visited the. property under 4onsideca'' *" 'Ws:appheafion and determines that this review falls under the Type H category of the State's List of Aetiods,,witfiqut an adverse effect on the environment if the project is implemented,as 0anned, -PROPERTY:FACTS/DESCRIPTION: The applicant's property•is located on the 9625 Main Bayview goad,,Soufho(d. The property contains 41,553 sq. ft. of land area with 186.64& along Main Bayview Roadand lot depth of 233+ feet, and is improved with a two-story frame dwelling structure as shown an the survey prepared by Pat T.Seccafico,L.S. dated 3(29/01,revised 7/25/02. BASIS 0KAPPLICATION: Building Department's November 6,2002 Notice of Disapproval denying a permit & -construct -certain interior alterations and renovations in a pre-existing nonconforming multi-familj dwelling (see Plans 2,,3 and 4 prepared by Frank A. Restituto, Architect,highlighting the proposed alterations/renovations and existing construction details.). The reason that a permit was disapproved is that the existing building has a nonconforming front yard setback at less than 50 feet 4nd is used'as a multi-family dwelling(preexisting nonconforming use). FINDINGS OF FACT the Zoning Board of Appeals held a public hearing on this application on December 12 2002, at which time written and oral evidence was presented. Based upon all testimony, docmnentation, RI�ersonal inspection of the property and the area, and other evidence, the Zoning Board finds the fiOR ing facts to be true and relevant. AREA VARIANCE/RELIEF REQUESTED: A determination reversing the decision of the building department, or alternatively for grant of a variance is requested under Section 100-243 of the zoning code. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections,the Board makes the following findings: i The Board recognizes that in nonconforming buildings, internal construction, or alterations and renovations are necessary. There are no changes in the size or layout of the existing established footprint of the building covered under the Town issued Certificates of Occupancy and Preexisting Certificate of Occupancy; therefore, no variance application is needed to approve these internal structural changes. i iiOARD RESOLUTION: On motion by Member Orlando,seconded by Chairman Goehringer,it was I - ' Page 2- Hamas Arm I ZBA Appl. No. 5255 V412102 Parcel loo0-gg-3-23.lat Sout{oid 99 RECEIVgD . AUG 12 2016 ZONING BOARD OF APPEALS RESOLVED, to grant applicant's request to REVERSE the decision of the Building Inspector dated October 23,2002,and amended November 6,2002. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, H g, Oliva, and Orlando. This Resolution was adopted by unanimous vote(5-0). gg j rard P.Goehr' ger,Ch ' an f Approved for filing _ t ' BOARD MEMBERS q \\OF SOFT Southold Town Hall Leslie Kanes Weisman,Chairperson �/i� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes RECEIVED Office Location: Gerard P.Goehringer 016 G Q Town Annex/First Floor,Capital One Bank George Horning AUG 2 i0 54375 Main Road(at Youngs Avenue) Kenneth SchneiderOF APPEA 'YC Southold,NY 11971 ZONING BOARD LS OUB(, http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECE VED TOWN OF SO]JTHOLD w q-rj*4 Tel.(631)765-1809•Fax(631)765-9064 MA. 2 9 2015 FINDINGS,DELIBERATIONS AND DETEPMUNATIO • MEETING OF MAY 21,2015 Ci4tholdTooM n k ZBA FILE: 6853 NAME OF APPLICANT: Homes Anew 1 Ltd. PROPERTY LOCATION: 9625 Main Bayview Road,Southold,NY SCTM# 1000-88-03-23.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application nand determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. - PROPERTY FACTS/DESCRIPTION: Subject property is non-conforming with .89 acre in the R40 Zone District. It is improved with a multi-family dwelling. It has 180.64 of frontage on Main Bayview Road, 232.93 feet along the northern property line, 170.74 feet along the eastern property line and 232.93 feet along the southern property line as shown on the site plan prepared by Frank A.Restituto,Architect dated 12/24/2014. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's January 28, 2015 Notice of Disapproval based on an application for building permit for an addition to existing multi-family dwelling,at; 1)less than the code required minimum front yard setback of 40 feet. RELIEF REQUESTED: The applicant requests a variance to reconstruct,in-kind and in-place, a pre_existing front porch/entrance having a 10 foot front yard setback where the code requires a minimum of 40 feet. ADDITIONAL INFORMATION: The subject structure has a Pre-Co, #128 M-R dated Dec. 12, 1972, for "5 permanent occupancy apartments". FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 7,2015, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: I.. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The reconstruction, in-kind and in-place, of the front porch/entrance will appear the same as what presently exists and therefore not change the character of this .neighborhood. AUGRECEIVED qe -� Pike 2of2—May 21,2015 _ A 12 2016 Wq� ZBA#6853—Homes Anew 1 Ltd. SCTM#1000-88-3-23.1 ZONING BOARD OF APPEALS 2. Town Law 4267-b(3Nb)(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 structure exists in its pre-existing non-conforming location and therefore any reconstruction within those non-conforming locations will require a variance. 3. Town Law$267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 75%relief from the code.However,the variance is to an existing open porch being reconstructed in place and in kind. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. However, to the extent that a structure ultimately and unavoidably requires some reconstruction and/or alterations to allow for reasonable improvements to continue the safe use of the structure, the need for variance relief is not self-created but created by the zoning code that now prohibits activities which at one time were not prohibited. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing, in-kind and in-place, a pre-existing front porch/entrance, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to GRANT the variance as applied for, and shown on the Architectural Drawings, sheets 1 thru 7, all dated 12/24/2014,prepared by Frank A.Restituto,R.A. 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(6) 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 Homing,Dante,Goehringer and Schneider. Absent was:Member Weisman (Chairperson).This Resolution was duly adopted(4-0). 1 Leslie Kanes Weisman,Chairperson Approved for filing S/ �]/2015 • r .•,�' _ - -�°c .��,��� - - t_ �� � rM1. b - .d9 ` '�� 1 ; �;- .\. __ .. i W `�.: .� .._ �- ....r_. = �: ... Sf. �� _ -... S '�•d• :� a �� .x F.: ... Kf., Y ��? Tl y'..: �`" Y- :. �-. ... a r .. a .. - �T��� , � a ,�� �-�'r—r.`it i �.�. ::�.: .� �i � _ ,� ':i �j �J�! �P r � �_ ., b f� yy57 vy � � _� y� � nz DECEIVED p�G 12 2015 7®NING BOARD OF APPEALS FRANK A. RESTITUTO ARCHETIECT 15 CRABAPPLE LANE, COMMACK, NEW YORK 11725 (631) 543-5430 (631) 343-7047 FAX FRESTITUTO@AOL.COM August 5,2016 Southold Town Hall Annex Building Department 54375 Main Road PO Box 1179 Southold,New York 11971 Attn: Elizabeth Re: Family Residences and Essential Enterprises,Inc 9625 Main Bayview Road Southold,New York SCTM#1000-88-3-23.1 Attached please find the 9 copies of the attached documents required for a variance for the construction of a new handicapped ramp: 1. Notice of Disapproval dated June 7,2016 2. Application to the Southold Board of Appeals 3. Applicants Project Description 3. Questionnaire for filing application 4. Agricultural Data Statement 5. Short Environmental Assessment Form 6. Authorization Form 7. Applicant/Owner Transactional Disclosure Form 8. Agent/Representative Transactional Disclosure Form 9. LWRP Consistency Assessment Form 10. Certificate Of Occupancy 05/20/11 11. Property Record Card 12. Certificate of Occupancy 02/19/04 13. Certificate of Occupancy 02/05/04 14. Town of Southold Data Sheet 15. Floor Plan 16. Elevations 17. Exterior Photos 18. Board of Appeals Meeting 12/12/202 19. Board of Appeals Meeting 05/21/2015 RECEIVED 2Qj �urvey AUG 12 20% 21. Check 5231 $500.00 ZONING BOARD OF APPEALS I trust this is information required to establish a hearing date for the requested front yard set back variance. her are any questions or if additional information is required,please do not hesitate to call ne me. Th u Frank A. stituto Archit far/j 17 TOWN OF SOUTHOLD PROPERTY, RECOM-CARD OWNER STREET c—7 . STREET Jf5 VILLAGE�7, SUB. T DIST' LOT N FORMER OWNER E ACR. -Az S w TYPE OF BUILDING v SEAS. VL. FARM c COMM. CB. MICS. Mkt. value LAND IMP. TOTAL DATE REMARKS 6' C", l_-'k( Ql) C� -7 >10 r 0, 0? 9 'zd 0 4-S,7-, P, 7- 4 /77 ✓ /7{n p- A(R"' j Z' z/Z(/r - L, A /,-)/a i LLaLa�50- o 44 AGE BUILDING CONDITION L20)(A ap 96761 .1 L-T N EW NORMAL BELOW ABOVE of FAJRh,4 Acre ValuePer Value bp fl- z Acre Lo L(— C= Tillable FRONTAGE ON WATER§' m Woodland FRONTAGE ON ROAD < C= Maadc>wlandMa 23 DEPTH House Plot BULKHEAD > Total DOCK ccessw h r o' COLOR 7.ct."� • ,, _..,, •�••��l„�. . ��• f -- TRIM r��.7^,° :�a.•�'3:t'�c`rj��l;.j.`-�.�"`»=�i�'�c�•3,•'�`•��ry"�'y'��-,�, -' -- — r. M. Bldg. �' s 1'3 Extension Extension t/ y ti .. til �� .Y Extension - fr Foundation P C Both Dinette i',' G ,,, .S� e ✓ Basement✓,J f / Floors <.Porch .� ' f 1 21 /;,�✓ ,5'0 3 Ext. Walls ;y.,h r Interior Finish f l •r •.��:. mss:-,r:•�' L.R. � Peezeway' �= �" / Fire Place ~ Heat Garage Type Roof Rooms 1st.Floor BR. ® v Patio Recreation Room Rooms 2nd Floor C' __ FIN. B 0 0. B. Dormer Driveway Total -� IVY 77-ZY 3' 1 - r� a1' w vJ I r ® � ELIZABETH A.NEVILLE,MMC ti� y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 N Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S ® Fax(631)765-6145 MARRIAGE OFFICER �� a®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 15, 2016 RE: Zoning Appeal No. 6996 Transmitted herewith is Zoning Appeals No. 6996 for Frank A.Restituto for Homes Anew 1, Ltd.-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, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Findings,Deliberations and Determination Meetings, Photos, Cover Letter, Property Record Card,Drawings, and Survey. I * * * RECEIPT * * * Date: 08/15/16 Receipt#: 212236 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6996 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#5231 $500.00 Restituto, Frank A. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Restituto, Frank A. {for Homes Anew, Ltd.} 18 Crabapple Ln Commack, NY 11725 Clerk ID: SABRINA Internal ID:6996 Zoning Board of Appeals RECEIVED Town of Southold NOV ®2 2096 53095 Main Road ZONING BOARD OF APPEALS P.O. Bos 1179 Southold, NY 11971 Caroline Clements 830 Ed's Road Southold, NY 11971 October 26, 2016 Recently I received a letter in-reference to a request for a variance on a property(9625 Main Bayview Ave)SCTM#1000-88-3-23.1, located adjacent to my own. The letter also contained a site plan that visually explained the proposed construction of a wheelchair ramp. While reviewing the site plan, I have' found several inconsistencies,and have quite a few issues with the property. The site plan shows the proposed ramp to be built at the front of the property. It would provide access to the front door and an existing concrete walkway. That walkway has at least 4 steps leading to the roadway. How would anyone in a wheelchair navigate those steps?Would the loading and unloading of wheelchairs and stretchers be done on the roadway? If so,that is a dangerous scenario. Itis a busy roadway,with vehicles,oft'en travelling at speeds of 50-60 mph. In fact,as many of you know,there has'' been a fatal motor-vehicle accident as recently as just a few months ago,just a few hundred feet away. I feel that a better-location should be considered. The site plan should show handicap parking according to the ADA requirements,and it does not. The site plan created by a Frank A. Restituto,architect,dated 5/16/16 is incomplete. The property has a large fixed structure at the rear for solar panels.That is not shown. There is a commercial dumpster also located at the rear of the very large parking lot,again,that is not shown. There are commercial style light fixtures for said parking lot,again,they are not shown. What is the location of the cesspool?Or the well? These are also missing from the site plan. Since the application is in front of the ZBA for a variance,shouldn't all of the relevant items be shown to verify code compliance? I have lived in my home for approximately 7 years. In that time, I have seen this property go from a quiet home with a small number of tenants and 4 cars,to a large commercial style facility with a parking lot that is designed to hold 14 cars,and commercial lighting that is on at all hours of the night. After doing some research, I have come to find out that it now operates as a Section 8 apartment building for disabled adults, not a 24 hour care facility as I had been led to believe by the Town Attorney's office. The rental office website for the company boasts of 12 available units, both 1 and 2 bedrooms. Why is this the first notification I received about the use changes of this residential property? Extensive work was done on this property. Trees were mowed down,and my privacy has been completely compromised. How is it that the property owner was permitted to expand this parking lot by an additional 10 cars without notification to adjoining property owners? More often than not,the lot is filled beyond its capacity to over 20 to 25 vehicles. The lights shine into my yard and my home all night long. I have had to change the way I live both inside my home and in my backyard. The occupants are always yelling,screaming and arguing outside. There is a basketball net,and many times people are playing,yelling and bouncing the ball at 1 and 2 am. Loud music also is an issue at times. Cars coming and going at all hours with their volumes turned all the way up. The bass vibrating the windows on my home. I can never leave the windows open anymore and I feel like a captive in my own home. My dog can never rest, he is always on guard, and barks constantly throughout the night due to the activities at this site. The site plan shows no buffer that was required at the rear of the property. The lighting shines up-hill thru my rear windows into my kitchen, living room and bedroom. The trash from the dumpster blows onto my property as well as the other adjacent properties. I have had to clean someone else's garbage from my yard many times. I no longer enjoy eating dinner on my deck, because there are people outside watching my every move. It feels unsafe for both my child and I. Have any provisions been made to protect my quality of life,or to ensure my safety? Has the town taken into consideration how the changes to this dwelling would affect those surrounding it? Who is living there? How can I be certain that there-are.no sexual offenders,or convicted felons taking up residence there? Are there plans to further expand the dwelling into more units or further expand the parking lot? Will this application require Planning Board approval? I am a single mother,trying to raise my son here in Southold,away from the influences and issues that plague other townships up island. I am proud to say that I own and maintain every aspect of my property. 'Now the very things I am trying to avoid, have now been placed right in my own backyard. What is being done to protect my quality of life? Is it possible to create and force maintenance of a permanent buffer barrier of evergreens(of a height of 12ft or more) at adjoining properties,specifically my rear property line,so that the view of the commercial parking lot and the building is obstructed and eliminates the visual impact to the adjoining property owners? Can some type of restrictions be applied on the amount cars on the property at any given time? Is it possible to have the 24/7 lights redirected or changed in their locations,so that they do not light up my entire house and property? Can restriction times be placed on outdoor entertainment and lighting, so it does not occur throughout each night? Is it possible to have the garbage container relocated into a caged area to avoid blowing of trash onto my property? Please take my letter into consideration before granting this variance, and read the entire letter into the hearing minutes. I realize a handicap ramp is a small issue, but there are greater issues at hand with the current use of this property. I would greatly appreciate that my concerns be addressed within your power as a zoning board. 014 Respectfully, RECEIVED Caroline Clements NOV ®2 2016 ZONING BOARD OF APPEALS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson � �® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.GoehringerTown Annex/First Floor,Capital One Bank George Horning ��w a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ��®� 9�1 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: 9:30 A.M. - HOMES ANEW 1, LTD. #6996 - Request for Variance(s) from Article III, Section 280-15 and the Building Inspector's June 10, 2016, Notice of Disapproval based-on an application for a building permit to construct a handicapped accessory ramp attached to an existing multi-family dwelling, at; 1) less than the code required front yard minimum setback of 50 feet, located at: 9625 Main Bayview Avenue, Southold, NY. SCTM#1000-88- 3-23.1. 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: kimfAsoutholdtownny.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 NOTI (�'_ E uF HEARli4G The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : HOMES ANEW 1 LTD . # 6996 SCTM # : 1 000-88-3-23a1 VARIANCEN FRONT YARD SETBACK REQUEST: HANDICAP RAMP DATE : THURS . , NOV. 31 2016 9 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 � 7 _ 1 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 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 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 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. tql-e #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 - CH Nh yf�L��§IFt THURSDAY,NOVEMBER 3,2016 PUBLICHEARINGS I tIOTq,RY P90MC344Ait F�� tw i'60 NOTICE IS HEREBY GIVEN,pur- l Nb o yo6i@686b' suant to Section 267 of the Town Law and L DA SCI?if #6995 =-Request for klualHl�fl rF> 5v��fi�lt f b'ut�'P�1 Town Code Chapter 280(Zoning),Town Vanance(s)from Article III,Section 280- i cdlnmis516li ff l�i1H9�$&?ti�dNV of Southold,the following public hearings- 15 and the Building Inspector's June 22, will be held by the SOUTHOLD TOWN 2016, amended July 28, 2016 Notice of ZONING BOARD OF APPEALS at Disapproval based on an application for a the Town Hall,53095 Main Road,P.O. building permit to construct an accessory Box 1179,Southold,New York 11971- deck,at;1)less than the code required rear ! 0959,on THURSDAY,NOVEMBER 3, yard minunum setback of 10 feet,located 2016. at: 8380 Great Pecomc Bay Boulevard, 9:30 A.M.-HOMES ANEW 1-LTD. (Adj to the Pecomc 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- mg permit to construct a handicapped mg Inspector's July 18, 2016, Notice of accessory ramp attached to an existing Disapproval based on an application for multi-family dwelling,at,1)less than the a two(2)lot subdivision,at;1)less than code required front yard minimum set- the code required minimum lot width of back of 50 feet,located at 9625 Maui Bay- 175 feet,located at. 1465 Haibor Lane, view Avenue,Southold,NY.SCTM#1000- (Adj to Eugene's Creek)Cutchogue,NY. 88-3-231 SCTM#1000-103-2-1. 9:45 A.M. - RANDI AND FRED 11:30 A. M. - DONNA AND JO- SILBER.#7000-Request for Variance(s) SEPH PRADAS. #6998 - Request for from Article XXIII,Section 280-124 and Vanance(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,NY feet,located at-1570 Mason Drive,(Adj SCTM#1000-128-1-9. to Broadwaters Cove) Cutchogue, NY 1:00 P.M.-THOMAS BYRNE #6999 SCTM#1000-104 -Request for Vanance(s)from Article III, 10:00 A.M.-JEROEN AND ROBIN Section 280-15 F and the Building Inspec- BOURS#6985-Request for Vanance(s) tor's June 21,2016,Amended August 18, from Article III, Section 280-15C and 2016 Notice of Disapproval based on an.I 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 permit 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, (adl to Hashamonuck Pond), dwelling,at,1)proposed accessory garage Southold,NY.SCTM#1000-52-5-1 exceeding the code pernutted maximum The Board of Appeals will hear all per- 660 square feet in total size,2)proposed sons or their representatives,desiring to be additions and alterations to a single fam- heard at each hearing,and/or desiring to fly dwelling is less than the code required subrmt written statements before the con- mimmum 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 1030 A.M. - STEPHEN ALBERT the hearing If you have questions,please j SON #6993 - Request for Vanance(s) contact our office at,(631)765-1809,or by from Article III,Section 280-13 and the email:KimF@southoldtownnygov 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,1)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- PO.Box 1179 15 — Southold,NY 11971-0959 1L00 NA M. - JOSEPH AND LIN- 13024-1T 10/27 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- 00_--77> COUNTY OF SUFFOLK STATE OF NEW YORK c' residing at New York, being duly sworn, deposes and says that: On the I+ day of (,.�� , 20 , I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners sho n the current assessment roll verified from the official records on file with the ( )A ss rs, or( ) County Real Property Office for every property which abuts and is acr p blic or private street, or vehicular right-of-way of record, surrounding the app c is roperty. ( nature) Sworn to before me this Z i day of D ab , 20 I U41AA CAROL ANN ST ENGLAND NY Public,State Of NGG'J'dbr C (Notary P blic No.ols r6070876 caudr nd in SUR01k.POUn 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. Mr. Frank A. Restituto 18 Crabapple Ln A. Commack, NY 11725 W 7016 1970 A 2516 784, ocy, SUFFICIENT ESS ADDR TTEMPTED NOT KNOWN SNo SUCH NUMBER/STREET 0 OTHER No 44! ARD T DELIVERABLE AS ADDRESSED UNABLE TO l,"W C%i RETURN TO SENDER ATTiMPTE-D - ' i -F P,r", N A NOT 'K.Nown -ELS TO FORWARD ANK LLI Q TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- go - �/ >J COUNTY OF SUFFOLK) STATE --�OF NEW YORK)' ii I �16"�`- #16sR L�-0 residing at I? New York, being duly sworn, depose and say that: On the �� day of201&, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in placePr even(7) days prior to the date of the subject hearing date,which hearing date w own to be jJai /1 (Signature) 'Sworn to before me this Z- I Day of D c 4-,✓ , 2011, CAROL ANNI I EksS E) o�y Pcbiil.,Stena of N&r rik di'/4n" No.;I S s 697®876 QuaiKfnd in Suiuk courq otary P lic) LL * near the entrance or driveway entrance of my property, as the area most visible to passerby. �=z yr Er /. cc) ; CO . 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Received b E3 Addressee or on the front if space permits. � Y(Printed Name) C. Date of Delivery f 1. Article Addressed to: Je fv !I � D. Is delivery address different from item 17 O Yes B , If YES,enter delivery address below: ❑No IIIIIIIII IIII IIII IIII IIII I(IIII IIIIIII I II II III 3. Service Type ❑Adult Signature ❑Priority Mail Express® IJ( 9590 9402 1948 6123 0121 00 ❑Adult Signature Restricted Delivery ❑Registered Mail- 02 ❑Certified Mail® 13 Registered Mail Restricted, ❑Certlfe Delivery w p S? o o I Q(Aad Restricted Delivery ❑Return Recelptfor Merchandise = d m 2. Article Number(Transfer from sery/ce/abe ❑Collect on Delivery Restricted Delivery: ❑Sign tura ConflrmationTM+ m P m o :. 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T �I C -�' ;Domest)c•Re#qrn Weceipt°,i d a — a — CV �1 C CU Co m p V ° per-• += CO ti- T- COMPLETE THIS SECTION ON DELIVERY CY) z1— CQ ■ Complete items 1,2,and 3. A Signature `� ° `—'} °� "�ra o : u°i ¢ o dr C u- ■ Print your name and address on the reverse ❑A ant so that we can return the card to you. X 9 I ■ r: N� N a ■ Attach this card to the back of the mailpiece, B. Received by(P'4 eri Nam '� C. Date Addressee D very or on thfront if space permits. •;1. Article Addressed to:,, • ' {" D. Is delivery a differer�rt from"ite i ❑Yes f If YES,ante`cie ivory alt-ss belo ❑No k s 3.III 111111`IIII III I I�I1Ili I III II II I II VIII III ❑AdultI Signype ature Restricted Deli ❑Registered Mall Expresso ❑Adult Signature ❑Registered l ajjTM Expr 9590 9402 19486 ,23 0121 93 ❑certified MailO Very ❑Registered Mall Restricted( Delivery ❑Certified Mail Restricted Delivery l ❑Return Receipt for ❑Collect on Delivery -Merchandise 2. Article IVUmber_(/fagsfer fro_m SBN/Ce/abed_:;_: _, ❑Collect op Delivery Restricted Delivery,❑Signature ConflrmationT^� ' ;'0A �f' '' ;E': ❑Insured Mad •. i i ❑:Signature Confirmation (�16 19 7:01 '' 0:0, -25],6 $;5 3 ❑Insured Mail Restricted Dellvery'r !-.aRestrioted Delivery ij `'' 11; 2015a (over$5001 P_S Ftirrn'38 July PSN 7530-02 10 00-9 053 4 d Y ;;µ Domestic Return Receipt i Y i FRANK A. RESTITUTO ARCMTECT 18 CRABAPPLE LANE, COMMACK, NEW YORK 11725 (631) 543-5430 RECEL qqlle'v (631) 343-7047 FAX FRESTITUTO AOL.COM AUG 16 2016 ZONING BOARD OF APPFftS August 12,2016 Southold Town Hall Annex Building Department 54375 Main Road PO Box 1179 Southold,New York 11971 Attn: Kim Fuentes Re: Family Residences and Essential Enterprises,Inc 9625 Main Bayview Road Southold,New York SCTM# 1000 -88-3-23.1 Attached please find the 10 copies of a site plan showing a T-0" front yard setback as requested for a variance application for the construction of a new handicapped accessible ramp. If there are any questions of if additional information is required,please do not hesitate to call on me. Thank yo Fr estituto chite t far/j BOARD MEMBERS o f S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantesic [ Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �O ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOW T`I,� Southold,NY 11971 http://southoIdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD . Tel.(631)765-1809•Fax (631) 765-9064 December 2,2016 Frank Restituto 18 Crabapple Lane Commack,NY 11725 RE: ZBA Application#6996,Homes Anew 1, Ltd. SCTM No. 1000-88-3-23.1 Dear Applicant; Transmitted for your records is a copy of the Board's December 1, 2016 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, Kim .Fuentes Board Assistant Encl. cc: Building Dept. 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