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HomeMy WebLinkAbout7003 1 ^ 19,1119-DIU —Cl,, CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file {� ( ) Pull ZBA copy of ND ( ) Check file boxes for pri o Q a ( ) Assign next number o h CD 0 outside of file folder �, y ( ) Date stamp entire ori ° .. fife number m -n -o n 00 -4 D ( ) Hole punch entire orig 3 x 0 - C" 3 G) N v ' (before sending to T.C. o N 1 ( } Create new index card w m 3 �- w m ( '} Print contact info & tai @ ? w z ;u u ( } Prepare transmittal to W o 41, Q o CL ( ) Send original applicatic m ' o to Town Cferk CrI m ( } Note inside file folder v Cn and tape to inside of foi m ( ) Copy County Tax Map; I 3 Neighbors and AG lots ( } Make 7 copies and put 1 0 ( } Do mailing label CD ; 0 w �7 i 1 1 � 113 a 6 r 1 _ pr A k&n!5 -- 1-CFF 23 ��4c1. fol v Ono 0 v o ebp s F c ail) - )//,D h-j a , 1z1bi - 2-J r BOARD MEMBERS ®F $®(/� 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 Town Annex/First Floor,Capital One Bank George Horning • yQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider �1COuM Southold,NY 11971 l'ttp://southoldtown.northfork.net ZONING BOARD OF APPEALS R C E f V E D TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 D � l/..'G�s FINDINGS,DELIBERATIONS AND DETERMINATION S uthold Town Clerk MEETING OF DECEMBER 15,2016 ZBA FILE: 7003 NAME OF APPLICANT: Jeff and Jaime Abrams PROPERTY LOCATION: 7325 Nassau Point Road, Cutchogue,NY SCTM No. 1000-118-4-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 15, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 30, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the coordinator's recommendation that the proposed action is CONSISTENT. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation. According to the information provided in a letter dated November 30, 2016, and following an inspection conducted on November 23, 2016, notifies the Board of existing conditions relating to the bluff stability, and further comments on the applicants' proposal which appears to follow good practices. Agency recommends that the bluff be stabilized and revegetated. In addition, recommendations include utilizing original pilings when rebuilding the structures on the bluff and new pilings be put in only after the bluff has been stabilized. Not recommended is staging construction equipment and running machines within 25 feet of the top of the bluff which can cause potential slide due to instability, and not recommended is the storage and running of heavy equipment for long periods of time within 40 feet of the bluff. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming 41,817.60 sq. ft. parcel in the R- 40 Zoning District.. The easterly property line which measures 100.01 feet fronts Little Peconic Bay and the westerly property line fronting Nassau Point Road measures 102.46 feet.The northerly and southerly property lines measure 377.00 feet and 397.00 feet; respectively, and share boundary lines with residential parcels. This property is currently improved with a one story frame single family dwelling and detached accessory wood decks (with stairs) as shown on survey prepared by Kenneth M Woychuk, dated September 22, 2010. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-116A (1) , and the Building Inspector's September 1, 20'16 Notice of Disapproval based on an application for a building permit to demolish an existing home and construct a new single family dwelling and new detached accessory deck at; 1) proposed dwelling is Page 2,December 15,2016 #7003,Abrams SCTM No. 1000-118-4-1 located less than the code required 100 feet from the top of the bank: 2) proposed accessory deck located less than the code required 100 feet from the top of the bank. RELIEF REQUESTED: The applicant is seeking two area variances in order to construct a new dwelling having a distance of 34 feet from the top of the bank, and an accessory deck located at the top of the bank. ADDITIONAL INFORMATION: During the public hearing, the engineer for the applicant, Joseph Fischetti, as well as the applicant's Architect, Tom Samuels, indicated to the Board that they would accept the findings of Suffolk County Soil and Water Conservation regarding the present instability of the bluff face and follow the recommendations to stabilize the face of the bluff .Engineer Joseph Fischetti, indicated that the applicant will create a large non-turf buffer landward of the top of the bulkhead, as shown on the site plan submitted. The applicant's architect explained at the hearing that the Long Island Sound has a Coastal Erosion Hazard Line and the Peconic Bay does not. In addition,the engineer and architect explained to the Board the need to locate the residential structure only a few feet landward of the existing home's present location and further described their intent by identifying Site Section Sheet#3 of the site plan dated November 22, 2016 which depicts the need for this placement of the residential structure above the bank. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2016 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 the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. At the public hearing, and by the submission of an architectural drawing titled"neighborhood map,"the applicant's architect established that the three homes to the north and the three homes to the south of the subject property all have non- confirming setbacks from the top of the bank and very large front yard setbacks from Nassau Point Road similar to what the applicant proposes to build. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The applicant's architect explained at the public hearing and further illustrated his testimony with a drawing titled "site section," that given the very substantial slope on the subject property, moving the proposed dwelling closer to the road and further away from the top of the bank would make construction very complicated and reduce light, air and views. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 66% relief from the code for the proposed setback of the dwelling from the top of the bank, and 100% relief for the setback of the accessory deck at the top of the bank. However, the size of the existing accessory deck is proposed to be reduced by about 75% and will require Trustees approval and adhering to the conditions imposed herein. The non-conforming setback from the top of the bank for the proposed new dwelling is mitigated by the fact that it will be increased from the existing 26 ft. 5 inches to 34 ft. 6 inches, which is a greater setback than all but one of six homes adjacent to the north and south of the subject property. 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 and repair the seaward side or rear yard of the parcel according to Suffolk County Soil and Water recommendations for best practices to restore the stability of the bluff/bank and prevent future erosion. Page 3,December 15,2016 #7003,Abrams SCTM No. 1000-118-4-1 5. Town Law 4267-1b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of requested relief is the minimum action necessary and adequate minimum action to enable the applicant to enjoy the benefit of a new home and swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dantes, and duly carried,to GRANT the variances as applied for, and shown on the Site Plan Page 1, dated August 30, 2016, and Pages 2 thru 4, dated November 22, 2016, as prepared by Thomas Samuels of Samuels & Steelman Architects SUBJECT TO THE FOLLOWING CONDITIONS: 1. Utilization of original pilings when rebuilding the structures on the bluff and new pilings be put in only after the bluff has been stabilized. 2. No staging of construction equipment and running machines within 25 feet of the top of the bluff 3. No equipment to be stored or run for long periods of time within 40 feet of the bluff. 4. Approvals by the Town of Southold Board of Trustees, as required. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. 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 f a //& /2016 LOT COVERAGE TABLE DRAINAGE CALCULATIONS -SITE DATA AREA OF RES • SITE AREA TOTAL: 41,81 sf RESIDENCE DW-A SCTM # 1000-118-4-1 ' DRY WELL AREA x RAINFALL x RUNOFF FACTORfir. RECEIVED (DW-A) 1,104 Sr x (2/12 FT) x 1.0 = 264 GU. FT. PROPERTY: 7325 Nassau Point Rd STRUCTURES EXISTING PERCENTAGE PROP05ED PERCENTAGE USE: (2) 8' DIAMETER x 6HIGH POOL ADDRESS Cutchogue NY 11935 rlov 4 HOUSE: 2,30-1 sf 5.510/0 2,201q 5 5.401961' (2) 5' X 6STORM DRAIN RING = 506A GU. FT. OWNER: Jeff and Jaime Abrams �oN�j,, r ; ,,: G2UIRED 230 West 78 th Street 12 A SHEDS: 20-7 Gf 0.50% 207 sf 0.50% PROVIDED RE506.9 GU. FT. > 284 GU. FT. _e" ��$ PORCH: O sf O% -180 sf 1.8,790/ New York, NY 10024 DECKS/STAIRS: 0137 SIP 2.24% 852 sf 2.035yo AREA OF RESIDENCE DW-13SITE: 41,817.6 SF = 0.96 AC TERRACE: O Sf 06/0 2,345 sf 5.6096 DRY WELL AREA x RAINFALL x RUNOFF FACTOR ZONING: R-40 POOL: O Sf O% 800 Sf 1.0129'0 (DN-5) USE: (2) b' DIAMETER x 4' HIGH POOLGU. FT. TOTAL: 3,451 sf' 8.25% 1,283 sf 17.4190 (2) 5' X 4' STORM DRAIN RING = 557.8 GU. FT. SURVEYOR: KENNETH M WOYCHUCK PROVIDED REGiUIRED LAND SURVEYING W 55'1.8 CU. FT. > 265 GU. FT. PO BOX 153 AQUEBOGUE, NY 11931 = Z AREA OF DRIVEWAY (DW-C) LICENSE #050882 .. ~ W DRY WEDATED 07-25-16 LL AREA x RAINFALL x RUNOFF FACTOR 2,5x6 5F x (2/12 FT.) x OA = 589 ELEVATIONS ARE REFERENCED GU. FT. 0 USE: (2) 8' DIAMETER x 8' HIGH POOL TO N.A.V.D. 1989 DATUM t1, It `' "-<''( (2) 8' X 8' STORM DRAIN RING = 6'15.6 GU. FT. (n _O PROVIDED REQUIRED Z • 4 ' 6-15.6 CU. FT. > 389 CU. FT. 1: EC Ask 1 0% P' 0 M J%Low O H AREA OF DRIVEWAY (DW-D) DRY WELL AREA s EA x RAINFALL x RUNOFF FAGTCR ON D) 2,166 SF x (2/12 FT.) x 0.9 = 525 GU. FT. Mud r ove USE: (2) 8' DIAMETER x 4' HIGH POOL Creek ro�dwaters (2) 8' N RING = 55?.8 CU. FT. X 4 STORM DRAIN PROVIDED a e ii //"ij Q Q . REQUIRED � ° . 33'1.8 CU. FT. > 325 ,; o NEIGHBORING RESIDENCE GU. FT. ca }% %%;}� 0 NCC ij RJJ Properties LLC o c C/O Richard A Horst:mann Little 7225 Nassau Point Rdd Peconic Bay 1000-111-15-12 %.\/�'% PROPOSED SILT FENCE DURING CONSTRUCTION ---• ° '% '" as � ''�. \�'' i� PROPOSED COVERED PORCH PROPOSED NEW UNDERGROUND PRyj,AELL5 FOR STORMWATER EXISTING HOUSE TO %; \ZQ RUNOFF FROM BUILDING STRUCTURES BE DEMOLISHED I i; " %/\ O Z LO •I 377' (U CJ/ NEW YARD DRAIN CONNECTED TO I O E NEW DRYWELL I 1 0 242P I-Ax 20 1� �� 2 1 \ LINE OF EXISTING BULKHEAD 171 d LOCATION OF EXISTING SANITARY 21 �-� 23 1 \\ / �p 4It m 171 - 5Y5TEM TO BE ABANDONED - FILLED 18 1 g \ i\�� 1 \� IN OR REMOVED A5 REQUIRED 1e r } R�, Bx15T Iz LITTLE TEST HOLE PROPOSED NEW X �� :: I NO SCALE 7C�c1 RO _� - I,/I- , / \��\/ \ aq'-6 PEC 0 NI C BY K. WOYCHUK LS l� UNDERGROUND +2 WATER LINE "'� ; ,'i. - pP' �;' D15TUR PROP TEST HOLE DATA 7/20/16 ELEV. + 15.5 EXISTING 1 BAY WATER METER r NEW TERRACE i 1-� J '\ l/ } -1E 8 -1 �$T-C�RAD1`- 1 r i 'RO�OS D r r ` i \ PROP j4' Ott 0.4 FT. BROWN SANDY LOAM OL 711 PROPOSED SILT FENCE DURING • 0,00„E x `! x/ J I'7 115.0+ I 12 .5 ;1 h \ gT r CONSTRUCTION ... BROWN AND .--= 1 1 \ PROPOSED /u / "x,\ nc BROWN LOAMY SAND SM O 06 Z. � 2 .25 2.5 FT. Z NEW POOL ` 1 I `� \u 4' r _ - \ ,, -- - -I,- / _---- r r NEW 5 BEDROOMS i ' 2 - o /. ' �, \}% X. 20 x46 TERRAG 1 I . ,n B�C15T BROWN FINE v) Q W/IBA5EMENT CLAYEY SAND SC -`�� 'R+\ ` \ _ _ \ 21 STORIES I I �\ rJ1�0 \' 48�T 5.7 FT. TEST HOLE TO AL GR055 l_. I N �\ Z�, OP ° o 16 ;' XiSTING\� 1 EX1 1 EXISTING BUILDING STRUCTURE a \ i d0�75 %\� EL + 15.5 11.6'+ 6 ` 0 +25.5 FL oR Amp, i�10 i< 14.7 FT. PALE MEDIUM SAND SP W -�• W W x yW �'�' \ 1 EXISTING BEACH STAIRS z a <" ,REA�OF `708 5F I z k N N�- I/5TURBANG \ Fg�ICE A FIR5T FIN FLR . , ' , 1 WATER IN w• M I I I �' PALE MEDIUM SAND SP a o T EXISTING \ �! }: O'+ ►� E�.EV +25.86 I }a }C } O 17 FT. W• N x M W ASPHALT ' ' \� /��!\ }� ` \ st �1S �� G RAGE SLAB 1 I }! ;v ;w' BEACH I M COMMENTS: WATER ENCOUNTERED M y \ GATE 1 5'+ LEV +15. i I 1 ' I- Q \ 1 ` 25": + y. i 14.7 BELOW SURFACE ELEV 0.8 \ / / \ I '15 1 i ,' •.�� 1 �.' \ LP ST ��\ ,- CS ETBAKH PR % loti� TIMBER JETS to (f)1 $UL 1= /y, j /x rn i U ' �O NEW _jFRONT,.YARD A50HALT M NA SAU s��AcK D SPARK - 5 ale ,r ,\ \' 3g7 AREA��� 1 P INT 7 ,' X'} iK\ 'k' T }\ \,' XP LP - 1� » , 22 RpAD ,' ExISTING x >. \ - I .5 19 20 F 13 UFF ,,'" % WDODS i \T X; \ \ 18 K PROM TOP A9zA/OF \ , \� \, /f �\\ �� 16 17 �p0' gTBP`C' I EXISTING BEACH STAIRS I n z NON-D I STURBANCE r }� ` \ �\ I J I �'� ` __�'---T=-- =-=�= _ J /�/ \, NEW YARD DRAIN CONNE TEDI EXISTING DECK W 4 p/" ' ;rte '- % `�i '-- ; },! ' \ TO NEW DRYWELLt i 1. �' l y a �I4 / •/ d1 tp i EXIS INC DRIVEWAY TO REMAIN I oo is �. \ V d . \\ ' 14 C) O AND NLARGED AS SHOWN I ���0 111 = I PROPOSED SILT FENCE DURING PROP05EP NEW' NDERGROUND ,' CONSTRUCTION A-IW • 0,00»W EXISTING SHED LOCATION OF EXISTING DRYWELL DRYWELL WITH TAL INLET GRATE I PROJECT NO: ZhQ 114 S82 0 TO BE ABANDONED FILLED IN FOR STORMWA R RUNOFF FROM OR REMOVED AS REQUIRED DRIVEWAY SURF GE TYPICAL I PROPOSED NEW UNDERGROUND 1605 DRYWELLS FOR STORMWATER DRAWN BY: LU -1 Z PROPOSED NEW SEPTIC SYSTEM IILI RUNOFF FROM BUILDING STRUCTURES UT FOR A 5 BEDROOM RESIDENCE `; �- LINE BETWEEN TWO NEIGHBORING HOUSES CHECKED BY: - CLEANOUT SEPTIC TANK (ST) - I TS NEIGHBORING RESIDENCE pR, - (2) 8' DIA x 8' HIGH LEACHING POOL (LP) N/0/F i DATE: 8/30/16 Drews Michael R, Drews Robiin S ' 1�I - FUTURE LOCATION FOR (1) 8' DIA x 8' 7425 Nassau Point Rd rp HIGH LEACHING POOL (EXP) 1000-118-4-2._.-•..;,-1it 1 - 011 SHEET TITLE: -.,_�..�-• FINAL MAP- ... RESIDENCE �,,•..,....-..,...�..��'.....""'-•.---'� . FIRST FLR EL 28.86 FT 4 REVIEWED BY ZBA PL N GARAGE FLR ELEV +18.7 „ _ �� SITE GRADE LINE ELEVATION 1'1.8 FT WIRE FENCE W/ SCALE: 1 - 20 -0 SEE ®ELISION # ,`7Dr� r / alb CLEANOUT FILTER CLOTH DATED-L111-15PLAN GRADE LINE ELEVATION `15.25 FT. I' MIN. 2' MAX. SURFACE FILTER CLOTH MIN. 6" DRAINAGE 14"/FT MIN 18"/FT MIN TOP OF POOL 15.15 FT BELOW GRADE yr. FLOW SEPTIC EACHIN T TANK ��� " �� ���/� � IE. +16.8' IE. +13.51SHEET NO: POOL BOT OF POOL 5.?5 FT � I�j � / IE. +14.01IIE. +13.42' / GROUND WATER 0.8 FT TEMPORARY STORM WATER 5' 3' MIN RUNOFF CONTROL MEASURE SEPTIC PROFILE EROSION & SEDIMENT CONTROL DETAILS (N.T.S.) 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'�„.fir. ^;�?� ✓\,:/�,/',': � /�'�"�'.`. ��� e "."'�2FLw.,`.' �> (” I LITTLE PECONIC BAY �,%`. ��""•.ter?:�• \ , 1 —EX INC I 1 NEI GHBI NGi J y a o M RESIDENCE I 1 , F o ? LLI —�' w z 3 x z tai --- I I M Lu I I g W. C4 MEAN HIGH WATER LINE N N• I TOP OF BANK A EXISTING 1 ; LINE OF EXISTING BULKHEAD NEIGHBORING \ 1 RESIDENCE O 1 i a I Z _ — CDPROJECT NO: 1605 I I 1 DRAWN BY: EXISTING UT NEIGHBORIN I51 - RE5IDENGE 1 i CHECKED BY: TS I I DATE: 11/22/16 SCALE: \ _ 1" = 40' - 0" SHEET TITLE: N NEIGHBORHOOD MAP IGH ® HOOD MAP SCALE: 1" =40'-0" AVERAGE E3LUFF 5ETE3AGK OF SEVEN EXISTING HOUSES = 22'-5" FINAL MAP REVIEWED BY ZBA SHEET NO: EE DECISION # 003 TED 1;�- 1JS l �gEOET.VE� Dov to BONING F,OARD OF APPEALS uj 3: Z ~ W O D ♦♦ �� V O Z 100' required setback I Q 54'-6" TOP OF BANK TO 5TRUGTURE Q n X15TIN BUILDING Q a BEYOND (NORTH) Q O ROPO ED NEW U, NG, Z F- Z � _ `` X15TINC BUILDIN 0. EXITING BUILDIN T } > k Y'% ` n � ` STRUCTURE TO B 15TF,uc,Tu TO BE I REMOVED . REMOVED � a I Q � EXISTIN Q GRADE LINE :... .;.,;..::.,:.,, I z TOP OF LoU I LD IN R BANK W N Ns UILDING FIRST POR H L'NE EL +25A NEW GRAIPFLOOR EL 25.86 LINE LINE TERRACE EXI5TIN EL IPOOL 6.6 77, GRADE COPING TERRAGEI _ EL 16.0 EL 16.6 EL 15.0 ( ___ ____ .--- UILDING GARAGE X15T1-NG _ XI STJ NG ---------- -- - T SLAB EL 15."1 GRADE LINE r EL 24.1 — ---- TOE OF TOP OF BULKHEAD ----- --- - - -- - BANK EL 8.5 _ EL +5A Tl N -- R - r,>E GRADE GRADE i NE ELA 8.5 0 OSE D EL 16.0 EL 16.0 _ � \ SOIL FAILURE ANGLE _ - WATER EL 0.'15 °� Z opo _ oo _ co Q• M � 50? --------------- r v M N Oa > r H w OTTOM OF W J• W z W " BULKHEAD 2.0 W• Ld a CC a cm o to L W. N 2 M 34) 10N_ U ► cq Q �" • U SCALE: 1" = 10'-0" co cn H/S = I-V/5 = 1 MINIMUM ALLONAE3LE D 1 STANCE FROM STRUCTURE TO TOP OF DESCENDING SLOFF, E3-r NYS BUILDING GODS . = D I STANCE FROFOSED PROJECT NO: 1605 DRAWN BY: UT CHECKED BY: TS DATE: 11/22/16 SCALE: 1" = 10' - 0" SHEET TITLE: SITE SECTION FINAL MAP SHEET NO: REVIEWED BY ZBA SF'-- ECISION # c7DD3 TONING 60ARD OF AFPEAU; z LUO F— c� � O z = O v F- iL i v FlR5T MOM+2&W :�5}'i .. ^t^ .. .. .. .. {y r r: ...r.......r..,,.r...�:,.r.,:>.r._/^. -,:<� 1p Ll IF 7 AREA BETWEEN Ist FLR 4 GRADE PLANE= 233 sf `` AREA BETWEEN Ist FLR t GRADE PLANE = 103 sf (n O z O Q < cn > U)Q O � z z � W N ti 100 D • rl"T Mom RST , r.- Jx / } : , l< >; . . .. .. / r .. . ... .\... .x. , < r... , J , ....... ...?.vCr� ... .:..... ... ...,.�. .......,. . .... ... r .. r 1. n !S , .... ....... • w Z W Q a z a 6RADe r��e = W• V w u> a N 10 N AREA BETWEEN Ist FLR GRADE PLANE = 648 sf g W• a Q E—• � AREA BETWEEN Ist FLR $ GRADE PLANE = 327 sf U) y. TOTAL LENGTH EXTERIOR MALL OF RES 1E;)ENGE = 221 ft TOTAL AREA OF EXTERIOR MALL : &RADE FLAME TO 15t FLR = 1 ,311 of AVERAOr I",-) I rNS I ON FIRST FLOOR AE30VE GRADE FLAME = 1 ,31%221 = 5-c13 f t < 6 .0 f t 0--lAX.) PROJECT NO: ' 1605 DRAWN BY: UT CHECKED BY: TS DATE: 11/22/16 SCALE: 1/819 = 1' - 0" SHEET TITLE: FINAL- MAP SHEET NO: tR, EVIEWED BY ZBA DECISION #ID03 OVJ6� ►�� ''4_ =:OUNTY OF SUFFOLK 5A-eA ,. RCCEVED SEP 2 0 2016 S-It 17,0 I 1 Steven Bellone SUFFOLK COUNTY EXECUTIVE NING BOARD OF APP8A0 Department of Economic Development and Planning Theresa Ward Division of Planning Acting Commissioner and Environment September 15, 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 Suprenant,Adam #7002 Abrams, Jeff&Jaime #7003 Fragola,Fred&Donna ' #7004 Very truly yours, Sarah Lansdale Director of Planning �V/r& Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th F1 P.O.BOX 6100® HAUPPAUGE,NY 11788-0099 (631)053-5191 /��/,0 -i° ��iu-� '/ - �'-'- ~^' — - - � ' aumxxooun�nxxno Corey Humphrey ^coo,iff/nuAvenue ' '��� District Manager Suite 110 (631)852-3286 Riverhead,mY11oo1 M4/Lle-10 Rob Carpenter vmww.ovno/xmWoo.vm ohu/nnwn Ms. Leslie Weisman Board ofAppeals Town ofSouthold S437SMain Road Southold, NY11971 *�» �u�' November 3O, 201G ^»��' 3 RE: ZBA#7003,Abrams Tax Map#1OOO'174-1-3S.S6 Dear Ms.Weisman: I have completed the inspection of proposed demo and reconstruction of the residence located at73ZSNassau Point Road,[utcho0ueonNovember 23, 2O16. Impressions: At the time of the visit,the current condition of the property landward of the bluff is in stable condition and there are noobvious resource concerns todocument. The ground cover ixmturf grasses and there are noapparent signs oferosion. The land issloping landward. The deck, bluff access stairwell, and the bulkhead are ingood,working condition. The bluff, however, ionot instabile condition. There are obvious signs of erosion,areas lacking vegetation,and overhanging lips of vegetation. Landscaping debris has been deposited on the bluff and needs to be removed as this contributes tobluff instability. The proposal provided for review appears tohave good practices inplace for sediment and erosion control during construction and stormwater capture post construction. ML Bluff Erosion Overhanging Lips ofVegetation Atop the Bluff Landscaping Debris Office Hours: Monday through Thursday 7.30o.m.to4:OOp.m. Friday 7.3Ua.m through 3:UUp.m. Recommendations: The bluff is in need of stabilization and revegetation. I have attached documents containing information that will aid in this process. Should the decision be made to restore/revitalize this bluff, please feel free to seek out additional recommendations from our office According to documents provided by your office, it appears the deck atop the stairwell is going to be downsized. It is not recommended the original pilings be removed as this can create more issues for the bluff. Likewise, it is not recommended that new pilings be put in until the bluff has been stabilized. Staging construction equipment and running machines within 25 feet of the top of the bluff can cause a potential slide due to the instability. It is not recommended that any heavy equipment be stored or run for long periods of time within 40 feet of the bluff. I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District. I hope you find our recommendations helpful, if you have further questions regarding this evaluation,feel free to contact us at your earliest convenience. Sincerely, Ann Marie Calabro Soil District Technician 631-852-3288 avkv �,%z-v\ OFFICE LOCATION: ®� s®(/ryOl MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 �dy 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) ess �e Southold, NY 11971 ® p@ Telephone: 631 765-1938 ® Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED NOV 8,0 2W6 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date November 30, 2016 Re: Coastal Consistency Review for ZBA File Ref JEFF AND JAIME ABRAMS #7003 SCTM# 1000-118-4-1. JEFF AND JAIME ABRAMS #7003 - Request for Variance(s) from Article XXII, Section 280-116a(1) and the Building Inspector's September 1, 2016, Notice of Disapproval based on an application for a building permit to demolish an existing house and construct a new single family dwelling and a new detached accessory deck, at; 1) proposed dwelling is located less than the code required 100 feet from the top of the bank; 2) proposed accessory deck located less than the code required 100 feet from the top of the bank, located at: 7325 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code-and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided: 1. A drywell for pool dewatering is identified. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney FORM NO. 3 TOWN OF SOUTHOLD j ov BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: September 1 2016 TO: Tom Samuels (Catapano/Abrams) 25232 Main Road RECEIVED Cutchogue,NY 11935 SEP 01 2016 Please take notice that your application dated August 30, 2016: Z®NING BOARD OF APPEALS For permit to demolish existing house and construct new dwelling and new accessory deck at: Location of property: 7325 Nassau.Point Road, Cutchogue County Tax Map No. 1000 =Section 118 Block 4 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed dwelling and accessory deck on this conforming 41,817.6 sq. ft. parcel in the Residential R-40 is not permitted pursuant to Article XXII Section 280-116A(1), which states; "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff." The survey shows the proposed dwelling at±34' from top of bank and the accessory deck located at the top of bank. Aut riSignature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A Fee:$ Filed By: Assignment No. s? CEIVED 1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEWELPS 1 2016 AREA VARIANCE �r .� r. ZONING BOARD OF APPEALS House No.�2f,��Street NAS(Sh t 01 • l� Hamlet 1C GVI,(, VZ_ SCTM 1000 Section Block 4 Lot(s)__� Lot Size � L.ZoneR—4D I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s); T' 6 ll,66(W 6 Ayaw s Mailing Address: uo 2 Telephoner 0 3I d 777,a) Fax: Email: 1' 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: for(N4/Owner( )Other: Address: �j tJi,� 00A C ato Telephone: (040 9 Fax: 72D4 6`C0� Email: � �,�,s X11 Q�[Gl S'�ee(�2� + co Plea a check to specify wh�6 you will correspondence to be n:ailed to,frons the above names: (gApplicant/Owner(s), (Authorized Representative, ( )Other Name/Address below: WHEREBY HE BUILDING INSPECTOR REVIEWED SURVEY/SITE L r DATED 5 and DENIED AN APPLICATION DATED l0 FOR: ( Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use O 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: 1AX I 1 Section: Subsection: Type of Appeal. An Appeal is made for: ( A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section O Reversal or Ot A,prior appeal has, ( has not been made at an time with respect to this property,UNDER Appeal No(s). Year(s). i . (Please be sure to research before completing this question Br call our office for assistance) Name of Owner: ZBA File# RECEIVED SEP 1 2016 �� REASONS FOR APPEAL Z®NING BOARD OF APPEALS 9) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because the proposed residence is taking the place of an existing residence which is located on essentially the same area. The proposed structure is actually further back from the bluff than is the existing. Also, virtually every house on this stretch of beach, in both directions, is located within the 100 foot bluff setback. An undesirable change would be more likely if the new structure were built to conform, as it would be located closer to the road than any of the other houses in the neighborhood. 2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because the topographic contour of the site is such that, if the house were located at the required setback, it would be behind a nearly one story high bank, which would prevent any views of the bay, which is the primary reason the site was chosen for purchase by the current owners. The existing house straddles the back edge of this bank, with a garage on the basement level, at grade with the front of the site, and the main, first floor at grade on the water side. Therefore, the siting of the house, to match existing, is critical to the success of the project. 3) The amount of relief is not substantial because it is the same or less than that of the surrounding houses, which align with the existing/proposed house on our site. Historically, all the surrounding houses were located at the top of the bluff, a minimum of 75 feet back from the bulkhead at the edge of wetlands. 4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because, as stated above, it will place the new house at the same location as the existing, in line with all the other houses in the neighborhood. The bluff is protected by a continuous bulkhead, and is planted and stabilized with soil retaining species. 5) The alleged difficulty has NOT been self-created, as the location of the existing house and bank on which it sits necessitates the positioning of the new house in the same location, as has been proposed. The recent change of the zoning code has created the difficulty. Until 2016, the proposed siting of the new residence would have been completely conforming. There are NO Covenants nor Restrictions concerning this land. 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. Au horized Agent sworn to before me this 30"day of August, 2016 LAUREN M-MCKISSICK NOTARY PUBLIC-STATE OF NEW YORK Notary Public N0.01 MC6342308 ®ualMed in.Suffolk County My Commission Expires May 23, 2020 APPLICANT'S PROJECT DESCRIPTION APPLICANT: de &RA 3 al ae. kQVAM\S% DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe ar as being re oved: (S Z J&ejA si 6fe r go" fopfe i v U.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions-of first floor Pm.�on; coyema 1 Dimensions of new second floor: a, X LEO t Dimensions of floor above second level: Height(from finished ground to top of ridge): �— Is basement or lowest floor area being constructed?If es,please provide height(above gr�VED measured from natural existing grade to first floor: gel y-a-" 4- III.Proposed Construction Description (Alterations or Structural Changes) S E P 2016 (Attach extra sheet if necessary).Please describe building areas: ZONING BOARD OF APPEALS Number of Floors and General Characteristics BEFORE Alterations: Vow vis es l C Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: l ©fiV Vl�� Proposed increase of building coverage: Square footage of your lot: 4-1 , 91 1' �/ Percentage of coverage of your lot by building area: '7 �5 `o LU/ V.Purpose of New Construction: G e`t-c + Vl S tt 6—S`�' o 4 �i t 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): e, 1e is qeP41cL sdooedfi m eo- f-ke wafer, iezto i w 2 O on ri $9 'A4 i vi i 6c) o �` I M nof 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 RECEIVED" FOR FILING WITH YOUR ZBA APPLICATION SEP 1 2016 A. Is the subject remises listed on the real estate market for sale? Yes VNo ZONING BOARD OF APPEALS B. Are therean proposals to change or alter land contours? No Yes please explain on attached sheet. M MOr Ah00J 4o Lam. C. 1.)Are there areas that contsand r QH SF kc, �L( (� et(,� 2.) Are those areas shown on the sury miffed with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 2S 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?, WIA. Please confirm status of your inquiry or application with the Trustees: 213A and if issued,please attach copies of permit with conditions and approved 6.1mey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ND E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?__U Q 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?_O 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?_U0 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Y-f- C Pa and the proposed use rD i&1A &j7 per , G&mG�,P, (ex: existing single family,proposed: same with garage,pool or other) 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: TM- It dc�GN•(,{, , 2. Address of Applicant: ZG�23T- `q o 3. Name of Land Owner(if other than Applicant): A diucat A49(- 4. Address of Land Owner: gf(n Z N V Al V, (co—z4 5. Descrii tion of Proposed Project: Usk k ex(,S-H S i` q w ►�!o q&e o o( V IrGC ce 6. Location of Property: (road and Tax map number) 73Zs- NaSSc A 'ff 1�U ..CLJC1ttVCkae 7. Is the parcel within 500 feet of a farm operation? { ) Yes J No 8. Is this parcel actively farmed? { ) Yes {\yNo 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 Riverhea fiECE1\/r:0 NAME and ADDRESS SEP °Z016 1. � 2. ZONING BO 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 16- Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. A 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and maybe 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. y�q$3 RECEIVE Part 1-Project and Sponsor Information hams l!� kr_ SEP X016 Name of Action or Project: ZONING BOARD OF APPEALS I325 kazut pt71,at KA,. 1 e. Project Location(describe,and attach a location map): See Locate oW W VLAN Brief Description of Proposed Action:I - VCWJ,©[(fi'©u ©f C. -('sfi'Kq anew (e5 e A,P.�tc e wk' di ww c( t'ktCJ 0A cwt 4- Irea-v porc , Iwo f-Q V ci,irc�a e , K eW ' 5 W 6 414 Vw tt. ,9 e oo t a cw V"tvl vo u U Name of Applicant or Sponsor: Telephone: 4os Tc)m Ek�w� 01S E-Mail:, [[ 5twLLe, Address: _ ktc (/a b& a COW 11 5-City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinanc , NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that V 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? acres c.Total acreage(project site andany contiguous properties)owned p or controlled by the applicant or project sponsor? ©' 1 Lacres _ 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial esidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 w 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? V/ b.Consistent with the adopted comprehensive plan? V 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? V 7. Is the site of the proposed action located in,or does it adjoin, state,listed Critical End onment Area? NO YES If Yes,identify: ecowkC, ?0,9, 4 'EV1Vi trOV1S Civ i ti 6Cc EAV1r�7�V / V 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? �L�, NO YES If the proposed action will exceed requirements,describe design features and technologies: t/V3 RECFIll€M v 10. Will the proposed action connect to an existing public/private water supply? SEF 2016 NO YES If No,describe method for providing potable water: t��9)Nc; BC1s�R�BOF PE V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: (/Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑ Urban M"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 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? 19 NO❑YES b.Will storm water discharges be directed to established conveyance systems(run ff and storm drains)? If Yes,briefly describe: ENO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 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: V I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ' ! Applicant/(on; arae: f®1� <>� '��S Date: ?jl Signature: RECEIVED 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 oq i at1rialjMt:mitted by the project sponsor or otherwise available to the reviewer. When answering the questions tltell''reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context ZO ING BOARDcOFnAPPEALS 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. OD RECEIVED SEP 1 2016 ZC)MING BOARD OF APPEAL ❑ 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 RP-MVED SEP 9 2016 ZONING BOARD OF APPEALS 4 cc) � \BARGA N AM SALE DE'E'D WITH COVENANTAGAINL111 ST LLRY S AM MMMDUA r OR CORPORATION) STA"A,RD xYsTt1 FORM 8007 CAVr1oN TM AGRIMMEWSHOULD HE PAVAMD BY AN ATTORNEY ANDREVESWED BYATMRNE"FOR MM AND I. P MCHASEa BEFOUSMM. TiMBMF.NTURE.made the a"�day of MA 2016 between I MICH"L CATAPANO aed KAREN CATAPANO,husband and wife, risidlag at 33765 North Rol.,Feeonie,NY'11958 } party of the first par¢,and ; 7325 NASSAU P09 TfI'ROAD,L;LC residipi;of 13235 Mata Rogd,P.O.Bon 65,Mattituek,NY 11932 Pony of the second part, ` • i b WJTNRSs8W*that the patty Of the first part,in consideration of Tea Dollars and other lawful cassideratkma lawful money of the United States,paid by the party of the second pan,does hereby giant and release unto the party ofthe second part,the heirs or succus and assigns of the party of the second part forever, 3t S ALL that certain plot.piece or parcel of lend,with the buildings and improvements thereon erected. R situate,lying and being at Cutchggue,'Town of Southold,County of Suffolk and State of New York. " SEP SCHMULE'A'ATTACHED MMO AND MADE A PART HEREOF going and intended to be the same premises conveyed by deed dated 11/182010,recorded 11/3@2010 in Liber 12644 page 534. R' TOGEMR with all right.title and Intere%if any,of the parry of the first hart in and to any streets and roads ' abutting the above desedbed premises to the ltren► center Itna thereof. 7 t?GEMMA with the appurtenances and all the estate and rights of the party of the first part in and to 3" $ said premises, t 70RAVIAND TTOE'OLD the premises herein granted unto the party of the second pan,the heirs or suecessors and assigns ofthe Darty of the wetted roan f—* -- 'Y RECEIVED SEP 9 2016 ZONING BOARD OF APPEALS "T-idelity National Title Insurance Company TITLE NO,F16-7404401345-SUFF SCHEDULE A-1(Desedplion) ALL that certain plot,piece or parcel of land,situate,lying and being at Alassa0Point,Town of Southold,Suffolk County, New York,and known and designated as Lot No,55 on map entitled,'Amended Map A of Nassau Point,Awned by Nassau Point Club Properties,Inc,situate in dre Town of Southold.Long island,KYm surveyed June 20.1922 by Otto s W,Van Tuyl,C,Z.&surveyor,Gmenpoint,N.Y.and filed in the Office of the County Clerk of Suffolk county.N.Y., August 16,1922,FileNo,156,bounded and dacrlbed as follows; BEGiNN1146 at a mumnnent ort the easterly side of Nassau Polnl Road distant northarty 504 feet(map) front ilia northerly side of Tuthill Road, RUMING TMNCE North 04 degrees 38 minutes 10 seconds East elongthe easterly side of Nassau POW!toad,102.48 feet to Lot No,54; THENCE North 82 degrees 00 minutes On$cconds East altmg the division line between Lot Nos,54 and 55 an said map, 377 feet; THENCE South 06 degrees 37 minutes 08 seconds East,,100 01 feet to Lot No.56; TKNCE South 82 degrees 00 minutes 00 seconds West along dee division line between'Lot tilos 55 and 56 on said snap, 797 fact to the easterly side ofWassau Point Road,and the point or place afSEGINNMG. � i RECEIVED SEP 9 2016 ZONING BOARD OF APPEAL`S STATE OF NEW YORK ) i COUNTY OF SUFFOLK ) } On the 01 day of��� ,in the year7016,before me,the undersigned personally appeared 14+Iichael CUMPUno Sad KAM+CAtapano,personally known to moor proved tome on the basis ofsadsthetory evidence to be the individuate whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,that by their signature on the instrument,the individual,or the person upon behalfof which the individual acted,executed the instrument. 60;RY PUBLIC DEED Section 113.00 > Block 01.00 CATAPANO Lot 001.000 CountyorTawn SUFFOLIC To 7325 NASSAU POINT RD.i(,L Return B [Wail To: Williams Goggins,Esq. P.O.Box 65 Mattituck,NY 11951 1 � RECEIVED APPLICANT/OWNER SEP 1 2016 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town ofticJ0AU\;,Gn5WARPThe Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town �1F ep� 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 is necessaryto avoid same. same. A YOUR NAME• A�, lY� (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, Submitted this 1 day of ,20� Signature Print Name�e FF /� �F RECEIVED AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM SEP 1 2016 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town =Rose of this form is to provide information which can alert the town of possible conflicts of interest and allow i o a action is necessary to-avoid �samre,.�� c ���f� YOUR NAME : 11�1,FJ Y�/ & � - ��V�V & (Last fiame,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 V/ 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 Submitted this /t day of �20__jj Signature�d Print Name 71A L M li,GA Kt Ul Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM SEP 1 2016 ' A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. B. 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. 'Thus, each answer must be exnlainned in detail, listing both supnortins:and non- sunuortina facts. 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# 118 _ 04 _ 1 PROJECT NAME Abrams Residence The Application has been submitted to(check appropriate response)-. Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees 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: 0 Nature and extent of action: Demolition of existing house and construction of new residence which will include a front and rear porch,two car garage, a new swimming pool,new underground drywells, and new sanitary system. Location of action: 7325 Nassau Point Road,Cutchogue NY 11935 hrn r TCE 1i1�' Site acreage: 41,817 sf=0.96 ac C L V V Present land use: RESIDENTIAL 7nnIJnIG 2n,An_Gr• A„nJU Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Jeff and Jaime Abrams (b) Mailing address: 230 West 78th St.,#12A,New York,NY 10024 (c) Telephone number: Area Code (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 11'f If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will fuirther each policy. Incomplete answers will require that the form be returned for completion. 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 ®X Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable There are no historic or archeological structures on property. 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 ❑ No ❑ Not Applicable ��� Building structure is in keeping in style and scale of neighboring structures. RECEIVED SEP 2016 Attach additional sheets if necessary ZONING BOARD OF APPEALS NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW" Section III—Policies Pages S through 16 for evaluation criteria ❑ Yes ❑ Nom Not Applicable Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of,Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Q Yes E] No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LNVRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Q Q Q Yes No Not Applicable No development will take place in the"wetlands"or"natural indiginous environment". RECEIVED APPEALSSEP 1 2016 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. X❑ Yes ❑ No❑ Not Applicable- The development will not add pollutants into the air. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section ffi—Policies; Pages 34 through 38 for evaluatiop criteria. 0 Not Applicable 1:1 Yes ❑ No 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 In—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yej—] No El Not Applicable No public land involved.Littoral access unimpeded. Attach additional sheets if necessary WOREINING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations: See LWRP Section M—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No n Not Applicable There are no public or commercial activities or uses on site.Historically this property and neighboring�properties are residential in use and will remain residential. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town-waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable This project will protect and preserve the living marine resources by RECEIVE® maintaining all rainwater discharge on site. SEP 20!6 ZONING BOAR®OF APPEALS Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable There are no agricultural lands on site. i Attach additional sheets if necessary ; Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through;68 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable _ The construction will be using equipment approved by the Federal government for energy usage.The project will meet Federal standards for conserving energy "energy Star Program" PREPARED By Tom Samuels, TITLE Architect DATE �� �� Board of Zoning Anneals Application RECEIVED SEP 1 2016 AUTHORIZATION (Where the Applicant is not the Owner) - ZONING BOARD OF APPEALS I, kJR1,11f, Ad residing at It W. 7g ( rint property owner's name) (Mailing Address) V�WQQ&. l JCO24 do hereby authorize q, "eL (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) FORM KO. 4 o TOWN OF SOUTHOLD 9 � BUILDING DEPARTMENT Town Clerk's Office RECEIVED Southold, N. Y. SEP 1 2016 ZONING BOARD OF APPM LS Certificate Of Occupancy No. . Z5571 . . . . Date . . . . . . . October. .18,. . . . . . . .. 19. 73 THIS CERTIFIES that the building located at . Nassau Point .Rd... . . . . . . . Street Map No. -Nassau.Pt:*Block No. . . .XX . . . .Lot No. . 55 . . . . . . .Cutchogue . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office ed . . . . . . .Sept., .28i. . . . ., 19.72. pursuant to which Building Permit No. 6281Z. . . p 19.72. require- mentsated . . . . . . .Se t~. .28 . . . . . ., , was issued and conforms to all of the re ture- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .Private. .(accessory) . storage. bldg*. . .(Approved .bp. Bd.. Appeals) The certificate is issued to . . Bertha.Fraser. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . .RrR.•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . .N.R• HOUSE NUMBER . . 7325. . . . . . . Street . . .Nassaxt .Point .Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Cutchogne . . I . . . . . . . . . . . . . . . . . . . . Building Inspector ' �? FORMS NCO. 4 TOWN OF SOUTHOLD �� BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED SOUTHOLD. N. Y. SEP 2016 Z011ING BOARD OFAPPEALS CERTIFICATE OF OCCUPANCY No. . ... ?��,........ Date Jute 28 , 19 64. THIS CERTIFIES that the building located ai .,f.,S...NaS.�.a.U...p4int..Road............... Street Nassau P1;A Pr ...V' .LotNo. 5.5... ...c�.�:tghpg��•� ....X•.�P. Map No. ......................Blocl�No. ................... �. ......................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ............ 1959•• pursuant to which Building Permit No. ....Z...9.4. Iated ................P99f!...31............. 19.. 9.,, 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 ..Fr;Ly.a.te...one..fame.ly...dlio- lng.... ..........................................................................I........... This certificate is issued to Lele,=..Xaer ....(o1si.I`ler.)............................................................. (owner, lessee or tenant) of the aforesaid building. Building Inspector ,p y r • FORM NO. R TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED BUILDING PERMIT SEP 1 2016 (THIS PERMIT MUST BE KEPT ON THE PREW9B6Wtjbk 5W .APPEALS COMPLETION OF THE WORK AUTHORIZED) N° 947 Z Date bez:... ............... 19.19.. Permission is hereby granted to: Woo Beelm... .................................. .......................................... ................................................................................. to .....B�iwk)..st:•a .i. ou• ••wc ►fiia�.ds�l . .................................................................. ................................................................................................................................................................ atpremises located at ..... At• �:►�. 5... ............................................................... ........................................................... �IN� ' ............................................I......................... ................................................................................................................................................................. pursuant to application dated ..............................roe..,28s....1W.......19......... and approved by the Building inspector Fee $.%00............... ....... j'�C�!...G�... .................. Building P Ins ector k F j 1 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. SEP 1 2016 PRE EXISTING ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-19565 Date DECEMBER 6, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING. Location of Property_ 7325 NASSAU POINT ROAD CUTCHOGUE, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 4 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private One Family Dwelling built prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCC. #Z-19565 dated DECEMBER 6, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH 2 CAR GARAGE UNDER HOUSE AND ACCESSORY DECK & STEPS IN REAR WITH SMALL STORAGE SHED ATTACHED The certificate is issued to CHARLES E. FRASER (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATIOW DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT Bifilding Inspector Rev. 1/81 BUILDI:•:G DEPART.'LENT ' TMIN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 7325 NASSAD POINT ROAD CDTCHOGDE, NEW YORK ��� knumoer do street) Hunicipalxty) Subdivision 1`tap No. Lot(s) Name of Owner(s) CHARLES E. FRASER RECEIVED _ I Occupancy. A-1 OWNER SEP 1 { (type) owner- E) 016 Admitted by: KATHRYN FRASER Accompanied by: SAMB 20NING BOARD .a�APPEA Key available Suffolk Co. Tax No.118-04-001 Source of request CHARLES E. FRASER Date DEC. 3, 1990 D;l�'L,LIPIG- Type of construction wooD FRA MR 'stories 1-1/2 Foundation, ANT BLOCK Cellar FULL Crawl space_- Total rooms, 1st. F1 s 2nd. F1 2 3rd. F1 — Bathroom(s) =i i-RATH Toilet room(s) Porch, type REAR ENCLOSED Deck, type ON BEACH Patio, type - - Breezeivay Garage 2 CAR UNDER HOD$?tility room Type Heat OIL *Warm. Air Hotwater %X Fireplace(s) ONE No. Exits 4 Airconditioning YES Domestic hotwater OIL Type heater BOCH Other ACCESSOR'f STRUCTURES. Garage, type const. Storage, type const. Swimming pool Guest type const. _ Other ACCESSORY DECK AND STEPS IN REAR WITH SMALL STORAGE_SHED ATTACHED. VIOLATIONS: CHAPTER 45—N.Y. STATE UNIFORM FIRS PREVENTION & BUILDING CODE - Location Description IArt. l Sec. - I i I I - Remarks- BP #947Z Z-692 , BP 16281 CO Z-5571 Inspected by: Date of Insp. DEC. 5, 1990 Gary 1 sh Time start 10:1'5 end 10:45 r � 4' ... •••--� I/IIIII�1��11 y - � yew/ I ABRAMS RESIDENCE, • • • 6/16/16, / 14 am, View West RECEIVED SEP 1 I . ZONING :•••D OF _ x ABR' Point R• 6/16/16, 1 14 am, ViewNorth a , Jill t ABRAMS RESIDENCE, 7325 Nassau Point Rd 6/16/16, 10.04 am, View South DECEIVED 1 2016 ZONING BOARD OF APPEALS x iir ill a R ABRAMS RESIDENCE, 7325 Nassau Point Rd 6/16/16, 10.04 am, View South `r < SA- ABRAMS RESIDENCE, 7325 Nassau Point Rd 6/16/16, 10.04 am, View North �p�3 �FCEtv�o ZONING BOARD OF APPEALS i 1 � -as w ABRAMS RESIDENCE, 7325 Nassau Point Rd 6/16/16, 10.04 am, View South r � i Y x. Jy,wa ., 14. + + Ll '.i r� AFNOW— •� 14 v t .,�y 'apt '+ `r;•*# 3' r - .i+: ,� � -�..��y r„, t • d. r� v • ':�� ;r �r �4 "� ' �• !.. 'C �.. t is .i - a'f' '1�"'.d'- t,j fit�'f i Ht ��` ♦ �.F 1` .. s. Y '• 4!r • �.- � 1 y� :�� .i�;$ nes 'y •.1iy "'x`..{�! -i�L.dF+. _ • AFL"•. k / 000 •� ;.tet>�" .: a . RECE VED I SEP 1 2016 -. ZONING BOARD OF APPEALS d It tP •} _ .�� �! .. ��fit' '.�.•,.i J t• H i � ,-. � � � � � i1• IF�� � ,jos+ i�rF "� � •�!+,� f �L'' `< , ^• itall t f ��t- �A d �1`� *meg, �l { '� t,"11',TT"�F__ - �.'•t J1��'+', �` :� ,_ ,',••,,:'_�,� s:� - `ate,,",�� �� 'ta ;, �����k r �, • ;s Yg' i {q(' RECEIVED SEP � 2016 ZONING BOARD OF APPEALS J ' r Eli i, I•� y 9 e i TOWN OF SOUTHOLD, NEW YORK DATE Oa 1.291972 ACTION-OF THE ZONING BOARD OF APPEALS Appeal No. 1677 Dated S'eptefber 2$, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Hertha Fraser To NaBeau Point Road Appellant Cutohogue, Kew York October 12, 1972 at a meeting of the Zoning Board of Appeals on REC�Iv�O 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 JG[ D 0� APpEALc� ( ) Request for a variance to the Zoning Ordinance ZONING 60AR 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 WW, ed b a e 9305 F.M. (E.S..T'.), Upon application of Earth& Fraser, eau oTnt Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinande, Article 111, Section 300 0-30 and Section 302 for permission to build an accessory building in front yard area. Location of propertyt Lot #55, Map of Kaseau Point, Cutchogue, New York. Fee paid $15.00. 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 RTsVERSS 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 ZONING BOARD OF APPEALS FORM ZB4 Marjorie McDermott, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that applicant requests permission to build an accessory building in the front yard area on property locateds Lot #555 Map of Passau Point, Cutchogue, Vew York, The Board agrees with the reasoning of the applicant that there is a hardship involved. 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 charao. ter of the neighborhood and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED Bertha Fraser, -Nassau Point Road, Catchogue, Now York, be GRANTED permission to build an accessory building in front yard area on Lot #55, Map of Nassau Point, Cutchogue, Pow York, subject to the following condition: *That the location of the accessory building shall be at the discretion of the Chairman of the Board of Appeals who will meet with the applicant at the property to met the location of the accessory building as far back from the road as feasible. Vote of the Boards Ayes:- Messrs: Oillispie, Hulse' Doyen® � � o *With respect to the foregoing public hearing: Appeal No, 1677, Bertha Fraser, Nassau Point Road, Outchogue, N. Y. - the Chairman of the Southold Town Board of Appeals met with Mr. Leland B. Fraser at -the subject property on Friday, October 13, 1972 to determine the proper location of the accessory building. As a result of the further inspection, permission is GRANTED subject to the following conditions: That the accessory building be located no closer than 60 feet to the front yard line- Nassau Point Road; and that the accessory building be located at least 5 feet from the southerly side line. —(O� pEOBIVED SEP 1 2016 ZONING BOARD OF APPEALS TOWN (�a7 �� rpt kr�7, (g��j� - @�+ ¢�y�p pr�8 �,t�"�^� � �C'".� &7�F�`t� O `v" 'UTHO�E�'1 `i9Y 0rMkTy ECO RIM �CARD''.✓'' OWNER STREET ���;� 4 -VILLAGE DISTRICT SUB. LOT 41brael V t�Ea FORMER OWNER d � N E ACREAGE CA.,DO S W TYPE OF BUILDING �� RES. �'�1 S SEAS. VL. FARM COMM. I IND. CB. I MISC. AND IMP. TOTAL DATE REMARKS f { ( t ta/ �L✓l O C4Aj 40-1 ,+q �* ,�g .y: JJ ,J� t-3/)o ✓T-"! ✓"�Cry ? 4./ a 1!5,9 j'� el V kF ° �! �i C:� f i d/✓ � �ilr � ��BS--.��,r:6� 4.: �.� 2 o o i -- y✓F. 6o '73© n l !vim �9 , E .` '{ Lv p' o �?rJtJC //,VILDING1 NDI 3 fJ l �r ''C-as`' �► v2,r4 1.0,47 f)i -� NEW NORMAL BELOW ABOVE , Farm Acre Value Per Acre Value b!e 1 Tillable 2 Tillable, 3 -�Wcodland�--- -- Swampland 2016 Brushland House Plot ZONING BOARD OF APPEALS .i Igjj r ■ l Ao{ita LL r t )} J) Y 4 YS ,f..'- >'''a ia'r+ �' 'j s��I�Illll�����l� Ir\\\��'� �■■■■ NOW■■■■M■■■■■■■M■■■■ ■■■:■■■■■■■■■■■■M■■■■ 4 ! fYti"'. F.. pK 1 { ■til ■■■■■■■■■■■■■■■■■ ■■■MI■NIM■■■■■ME ONE ■NESS■�i �l�■■ L�Azffw ® Fire Place Rooms 2nd Driveway v rti ®�®g�FFOt �® j ELIZABETH A.NEVILLE,MMC �� �y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA 29 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �� , � 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: September 8, 2016 RE: Zoning Appeal No. 7003 Transmitted herewith is Zoning Appeals No. 7003 for Jeff&Jaime Abrams-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/Owne'r Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Building Permit, Pre- Existing Certificate of Occupancy, Housing,Code Inspection Report, Photos, Action of the Zoning Board of Appeals, Property Record Card, Survey, and Drawings Including the Site Plan, Plans and Elevations. 1 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/7/16 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 7003 Abrams, Jeff& Jaime 17448 $1000.00 SEP - 8 2016 - Southold Town Clerk — - - ----------------- ----------------- _ _ - ------ -------------------------------- ------------------ -11-4-V - . . j BRIDGEHAMPTON NATIONAL BANK 17448 SAMUELS&STEELMAN ARCHITECTS o4ios CUTCHOGUE,NY 11935 25235 MAIN ROAD - 50-666/214 CUTCHOGUE,NY 11935 1 I PH.631-734-6405- _ 9/1/2016 1 ;PAY TO THE Town of Southold f�% iORDER OF OLLARS Town of Southold AF K F1 o O r ' u MEMO hP Abrams/Nassau Pt. Road/SCTM_ 1000-118-04-1,- * * * RECEIPT * * * Date: 09/08/16 Receipt#: 213164 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7003 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#17448 $1,000.00 Samuels&Steelman Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Abrams,Jeff&Jaime 230 W 78th St Apt 12b New York, NY 10024 Clerk ID: SABRINA Internal ID:7003 f �.00 d-b ve'� W ov ►--' PATRICIA C. MOORE 1-)-I I P �Lo I �'e Attomey at Law CtM?j 51020 Main Road Southold,New York 11971 y� Tel: (631) 765-4330 Fax: (631) 765-4643 0 CD3 To: Southold Town Zoning Board of Appeals re: Abrams Residence (Appeal # SCTM# 1000-118-4-1 To show the existing character of the neighborhood with the homes located within 75 of the bulkhead (previous code)and adjacent to top of bank on Nassau Point Road: Tax Map Number Appeal # Issue on appeal 118-4-1 6282 12/14/06 setback from bulkhead to west: 118-4-2 4709 6/24/99 Setback from bulkhead "As built deck addition" (next door) 5929 12/14/06 demo & new dwelling at 71.3 from bulkhead (@44' to top of bank) 118-4-4 5417 10/23/03 @ 10' from top of bank large addition & alterations (50' from bulkhead) 6665 7/25/13 side yard variance 118-4-10 4384 5/29/96 30' from top of bank 6576 7/5/12 69' from bulkhead �I to east: (f. 111-15-11 (100, from bank new code) 6929 5/19/16 legalize "as built" additions & alterations 20' from Top of bank APPEALS BOARD MEMBERS 0f so _ Mailing Address: Ruth D.Oliva,Chairwoman ®�� Up�®�® Southold Town Hall 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 James Dinizio,Jr. cis Office Location: Michael A.Simon a� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��c®U f� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD ' �►, •10,� /:Qsvo, Tel.(631)765-1809•Fax(631)765-9064 ' JAANN 12 2007 FINDINGS, DFL-FBERATIONS AND DETERMINATION M�EETING`OF DECEMBER 14,2006 ZB File No.5929-MICHAEL and R SIN DREWS t Property Location: 7425 Nassau P int Road,Cutchogue CTM 1184-2 SEQRA DETERMINATION:The Zoning_Roard 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 applicants' property consists of a lot area of 39,043 sq. ft. with approximately 101 feet along the easterly side of Nassau Point Road and lot depth of 403 feet (387.51 ft. variable). The property is improved with a single-family dwelling and fronts along Little Peconic Bay. BASIS OF APPLICATION: Zoning Code Sections 280-116 and 280-124 (100-239.413 and 100-244 based on the applicants' request for a building permit, and the Building Inspector's May 31, 2006 Notice of Disapproval, concerning a proposed new single-family dwelling. After demolition of the existing building, the new dwelling will be proposed with setbacks at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard. 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 November 24, 2006 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:TOWN CODE CHAPTER-95 (268)`LWRP-DETERMINATION:A Determination of Inconsistency was _ issued on August 14, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The applicants are requesting a•setback variance for a new dwelling, after demolishing the existing dwelling. The existing dwelling is only 63.3 feet from the bulkhead and 78.3 feet to the dwelling building line. The new dwelling will be 71.3 feet from the bulkhead, measured from the proposed new deck and 80.8 feet to the new dwelling building line. Grant of variance relief will substantially increase the nonconforming setbacks that presently exist All new construction will be required to conform to the Zoning Code minimum standards applicable to this property, pursuant to a building permit and other agency approvals before commencing any construction activities. Adequate drywells must be installed at or greater than 100 feet from the waterfront. The applicants are proposing several drywells and anew sanitary system at least 100 feet from the bulkhead along the waterfront. It is reasonable to eliminate to a large degree the setback nonconformity, and to dramatically improve or replace the existing sanitary system,to obtain the greatest reasonable degree of conformity with the Zoning regulations under New York Town Law and Southold Town Codes. The amount of relief requested under Zoning Code Section 280- 124 is minor,for a 3.7 ft.reduction in the code-required 75 ft.setback from the bulkhead. � 90� Mage 2—December 14,2006 ZB File No.5929—M.Drews CTM No.118-4-2 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 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 applicants propose to build a new dwelling, after demolishing the existing dwelling that has existed since the 1940s. The relief requested is as follows: (a)for a setback of 71.3 feet from the bulkhead to the new deck and 80.8 feet to the new dwelling building line, at its closest points, and (b)for a side yard setback reduction 10 feet for the purpose of building a new stoop area on the north side as shown on the September 13,2006 site plan prepared by Mark K.Schwartz,AIA. 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 applicant is planning to construct a new dwelling, after removing the existing dwelling with deck areas. The new dwelling will be 71.3 feet from the bulkhead instead of-the 75 ft. minimum required setback, and is proposed to be in line with the neighboring waterfront homes, with the garage on the street side. The existing home is presently 63.3 feet measured from the bulkhead to the open, unroofed deck. The new open deck construction will be 71.3 feet, which Is an 8 ft. minimum, reducing the degree of nonconformity to a great extent, requiring 3.7 ft. setback reduction from the code-required 75 ft. minimum from the bulkhead. The side yard will also be reduced to allow for a new stoop, at 10 feet from the property line at its closest point, and the opposite side yard is proposed to be conforming at a minimum of 20 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. 3. The variance granted herein is the maximum the Board will approve in this application. 4. The relief requested has been self-created, based on applicant's desire to build a new dwelling. 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. The applicant's construction activities must conform to all other agency,permits and conditions of approval that apply to this parcel. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling,while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Weisman, and duly carried,to GRANT the variance as applied for,as shown on the September 13,2006 diagrams A-1,A-2, 8-1, and May 10, 2006 diagrams A-3 and A-4, prepared by Mark K. Schwartz, AIA, subject to the following condition: That the new one-story deck and two-story balconies remain open to the sky, with the exception of the open porch on the easterly side of the open deck area contiguous to the living area. 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 Page 3—December 14,2006 ZB File No.5929—M.Drews CTM No.118-4-2 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. The above ZBA condition shall be written into the Building Inspectors Certificate of Occupancy,when issued by the Building Department. Vote of the Board: Ayes: Members Dinizio, Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted(5-0). Ruth D.Oliva 12 y06 Approved for Filing i REVISIONS' � I OCT I rim;1911DT u2006 ox0umr u•ctos To s;AADN'.:D rxsx rxma;/xoult IxOr xual 20NINq gDARD PflEVAD.UlG Op APPpAIs WINDS yv� U! [NfIPC VDRNSDt xRtOOE ,�� ( 1l�nVATW 1lAWE.GrprCl -, OCILIWTADQOLPIDLALm u xtttto Oxra coxsTPucT1DN PPO][CTa[DnvL[i[O a S 2'0'0"W 367.51' — (� k N LJ e UTILPOLC — N I al s00Do"mm.ma.�0�eu:oc^ 'NI •J ` I/IB TO H�gAC�OCATA `---`�-4—:1-0'UD1PB C 1¢l/ll[LTPIC I CV) kl n t0 " ETO ER MOVEDY ~ � OBamnY OrolL�U1K •� ..... cunauGANOAPAON o" I 76.3' ru. •'•�''y "�� D,wD,•L'"'ucr-�^� TSTMANDuMcl Q•' VpC° '" .7ooS�'A•�R�T.Ga D�IDx — — DIY• ' t– AY N MO IN G j x1V13pCCUbm p D. Ld /� r r, tLDC 154_17 ; ."' -� Cn ecc TNGTPRTDBC F7♦ P�:. g I I \ v R (yLLUATMZR.IfID R UXATZONAND D`_h xEwDRIYEWAYAli ..e•, »,w W 71 3' —•� ��'•'Y.A,. ;',. ,�' .., ,e°rum f:^I^ `: :% °na IT•..1 P J [L �iq'y �� Y I I -\\ .1� D e` '"I 't D s't�DDlrD:D f• n NV° � A I I •�\• ..in( O.•I•.w(" Tx¢ / o f• y.r•'.r•,� 111. a SOFRooMFFTttOE N 62.0'0"E 403.68 �•� PROPERTY LINE !• i SUN PROPERTY.38032 SO.FT. HOUSE 271354FT, x Dgex HOUSE DRAINAGE s PA AILSNG SCREENE�PoZC"HSO.F"T. y�,lTpr/. FRONT PORCH:132 SO,FT O� iD BOuotm rxu SIDE PORLIL•61 S0,7. j`a ROOF AREAS•610250 FT SF7 29 S0,FT. sJ pslntO DTDEDNS7 AT 100%WATER RUNOFF°902 CU.FT WALK THOUGH:166 SQ,FT, S GARAGE:91250,FT. PROVIDE. 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IILI�t-S•3!L"J'4 1.v_h l�l Bll.!_� -'-• __.__-...__ �....n__. =sty-c: � _�-�- - - -_Yc� _ REVISIONS: ZBA snwo ocr 16 7006 � /� ?O NC Bp HO OF APPegCS �� —_—' !•mp_art_ �i A q S R ® _. n.._.r�unme_— + ® ® ® i N o C 3 m a - a PERSPECTIVE VIEW o south-wEsr ELEVATION x o N a� o s r r WuwH ruins scu.c iir.r. 70B � sxarxunsw A-2 i i i REVISIONS: V ( ZBA nv tN o� Q y IN I j ~ 3 I �4 VvoLLJ i - i •® O B9 ® i;is cin til"1 rim k i I •'+: • D. _ 44 Ld N ®mocxsm 1M ROOR ,AH - s � w A 1 SCAlEA /l6-M SCALF 1 M 30.200, 1 aw.— A-3 E t I I C I REVISIONS: �� ZBA itvoe c a .:t o I r w 0 k � cn t 0 t Ci CL L � t O O a, s ®t�gey 2ND�RLNl0.a eN ' O � o � •SGLLp V16•.l'-fl' 1�. 10,3006 .� 6xCCT NUMBCA 1� i A-4 BOARD MEMBERS ��0t so Southold Town Hall Leslie Kanes Weisman,Chairperson �oliy�1 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �c®UNT`I Southold,NY 11971 RE E VED http://southoldtown.northfork.net � ZONING BOARD OF APPEALS MA;2 55 2p1 VA, TOWN OF SOUTHOLD (..G Tel.(631)765-1809-Fax(631)765-9064 outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 19,2016 ZBA FILE:6929 NAME OF APPLICANT:Neil Strorimski and Patricia Perez PROPERTY LOCATION: 7125 Nassau Point Road,Cutchogue,NY SCTM# 1000-111-15-11 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: 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 February 9, 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: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated February 11,2016.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP in regard to the survey/site plan not showing the Flood zones and-the-as-built additions and-accessory-structures being-built-without the-benefit-of-a-Board-review.—T-he----- -- survey/site pian has been revised and submitted to show the Flood Zones (Zone X and Zone VE) and the subject as-built structures between the top-of-bluff and bulk head will be reviewed by the Southold Town Trustees, all of which will then be CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is a 33,673 square foot waterfront parcel in an R-40 district. The parcel fronts Nassau Point Road for 101.18 feet, it adjoins a parcel to the north for 329.81 feet and a parcel to the south for 343.66 feet and is waterfront to Little Peconic Bay along the apparent high water mark for 100.01 feet. The parcel is improved with a one and two story frame and stone house and garage with an attached as-built deck. The parcel has a bulkhead of the bottom of the slope and has multiple retaining walls, decks and stairs between the top-of-bluff and bottom of slope, all as shown on the survey prepared by Nathan Corwin Taft III, L.S.,dated November. 19,2007 and last revised March 4,2016(Add Flood Zone). BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116A and Article XXIII Section 280-124 and the Building Inspector's December 22, 2015, Amended January 14, 2016 Notice of Disapproval based on an application for building permit to legalize `as built' additions/alterations and accessory structures and construct additions/alterations to the existing`as built' accessory structures, at; 1)the proposed and Page 2-May 19,2016 ZBA File#6929—Stronski SCTM#1000-111-I5-11 `as built' accessory construction is less than code required setback of 100 feet from the top of the bluff,2) `as built' deck addition is less than the code required setback of 100 feet from the top of the bluff,3) `as built' deck addition located at less than the code required minimum side yard setback of 15 feet, located at: 7125 Nassau Point Road (adj.to Little Peconic Bay)Cutchogue,NY.SCTM#1000-111-15-11 RELIEF REQUESTED: The applicant requests variances to maintain an as-built wood deck addition having: 1.) a top of bluff setback of+/- 20 feet, where the code requires a minimum of 100 feet and 2.) a single side yard setback of 12.8 feet,where the code requires a minimum of 15 feet,all as shown on the survey prepared by Nathan Corwin Taft III,L.S.,dated November 19,2007 and last revised March 4,2016(Add Flood Zone). ADDITIONAL INFORMATION: This application only addresses the as-built deck addition that is attached to the rear of the dwelling and landward of the top-of-bluff,ZBA jurisdiction.The area between the existing top-of-bluff and existing bulkhead at the bottom of the slope (bluff face) has multiple retaining walls, decking, landings and stairs of which some are being removed and/or repaired or rebuilt. This area is under the jurisdiction of the Town Trustees. The Board of Appeals requested and received comments on the subject application from the Board of Town Trustees in a Memorandum dated March 9, 2016, which included the proposed removal of an existing dilapidated "boathouse/gazebo' which the applicant intends to do. The Board also required that the applicant contact Jay Tanski, Senior Coastal Processes and Facilities Specialist, at Sea Grant to determine the impact of removal of retaining walls and other structures on bluff stability. A letter from Tanski, dated April 22, 2016, was received at the public hearing on May 5,2016. FINDINGS OF FACTI REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 3,2016 and May 5,2016,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. Rear yard attached decks are characteristic of residential properties in this neighborhood and the subject as-built deck cannot be seen from the street. 2. Town Law§267-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 have constructed a patio at grade in lieu of the-raised-as-built deck. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a top-of-bluff setback is mathematically substantial, representing 80% relief from the code. However, is has been professionally determined by a Senior Coastal Processes and Facilities Specialist that "The bluff face was steep but well-vegetated, indicating it was relatively stable".Therefore, since the deck is as-built from at least 2001 (from viewing Suffolk County GIS data), it shows that its existence, over time, has not been detrimental to the stability of this bluff, which mitigates the substantiality. The variance granted herein for a side yard setback is mathematically substantial,representing 13%relief from the code. However, the applicant's representative stated that there is an error in the submitted survey showing the subject existing side yard setback.Upon site inspection, it was discovered that the as-built deck addition is aligned with the dwelling in the side yard. The as-built deck addition is in alignment with the dwelling and has the same existing side yard setback as that of the dwelling, of 14 feet,which represents a 7%relief from the code,which is not substantial. Page 3-May 19,2016 ZBA He#6929—Stronski SCTM#1000-111-15-11 . 4. Town.Law 6267-b( 0)(4) No evidence has been submitted to suggest that a variance id 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. S. Town Law Q267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in.effect and it presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code 1'n effect prior to or at the time of purchase. 6.,Town Law 6267-b. Grarit of the requested relief is the minimum action necessary-and adequate to enable the applicant to enjoy the benefit of an attached rear yard deck, 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 variances as applied for, subject to the receipt of a revised survey showink the correct'side yard setback for the"as built"attached deck addition,and subject to the following CONDITIONS: 1. Approval of the as built deck by the Board of Town Trustees 2. Submission of a revised survey showing the correct side yard setback for the as built deck 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, setbdcks 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 280446(B)- of the Code'of-the Town ofSouthold any variance granted by the - Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,acid/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 exfension 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 filings/ap /2016 ' SURVEY OF LOT 53 MAP OF NASSAU POINT CLUB PROPERTIES, INC AMENDED MAP'X" OF SECTION"B" J FILE No. 753 FILED OCTOBER 21, 1920 �ya9 SITUATED AT RECEIVED NASSAU POINT MAY 252016 TOWN OF SOUTHOLD ZONING BOARD OF APPFAIS SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-15-11 SCALE 1"=20' CLUB LANE NOVEMBER 1 AN 2007 EAST APRIL 30,2013 UPDATE SURVEY AND A20OSE SPOT ELEVATgN OCTOBER 18,2101 ADO REVISE ED WALLS NOYEYBER 10 2015 REVISED WP YAHCH 4.2016 ADD ROOD ZONE IS, \,• f2'Fo ce AREA= 33,673 sq. 11. r �4 o i+ ByJST.L'Nows (To TIE LINES) 0.773 cc. �� � � � �i PLA• �+? 329.81' >q $ I3o Wa. W 9TANaP`-.` J _ to LOT 52 B �xY+ r� tae .xir �' f, n`xa+m I N H xtaa — ,,;; 1 N a FINAL MAP LOT ss re __"� "Ni"a 1 ta-1 REVIEWED BY ZBA PLAHI1Na - It... to �� aa, Is Y9 »++ � SEE DECISION# 9d 1131 m� �1�T' ' ``i o R DATED LS tpl�� q t1 82'00'00' E tv xu� ro�'°mmaw q -F]F7 •.' +eG it I� yy , y �} • � C+6 ------I.o.Y ------x--- nr r i N i0 — c'7'-+Y IKa to �,HnHe j°` :x•� to r 4. • xam AFBN` n`' Y4 1>r m e _ e ea 19 1!J !L x111 ,e, PPOP�N9 u w Slt 3 ` IgR 0 x Sll .r1 ————_.- 1 ar ,eu S70RY FRAIAE Its +, �V _———————�•>r — xu .. 7•s^' T k Z HOUSE tt GARAGE L�+l+(' p IA H O �• �D I �" ---_--- •1 .ro� $STONE U 0 L E xmLi L, I x1L! Al + i36e 4 O Y' H b Iu ta1 E �o F Q p x�+ ' �0 ~ ;, y 5 p 6� 1 �oetrsTo�DesN�.' n Iu �x a "tu Qr,u[ •f. ,. .,,'+•� 7��-T e_ vase m e �NerAtR I-1-I I bar,ma •%�•hr '1` +, �+, "f` '-+`� •v`S�S'-au x _ft 343. F--, I m.n� "A xwa . - :;t"^ 1. W�oR•O'°.,��+• •91ROP vEshTiF�, DBT mMs K-L- TWP D "d W� PQM• A 2e a I xnD ,, Ic axe 1` x� sTFFP�'W L_ � WS YU LL i1 o ti ,s It••;pit ,i.: "• 10 AWIND1e o'E""s-E,JAna4off 4 N 9uw;'. ' ,off.1 t +1u I WIDE PATH 4T•oECR To ,\ �i uKm wxa �yD,asm 11d S 62.0000" W LOT 54 ' nNxwms rDR,mD sumn As mNAm® (`J� '�• mR ww 1''facser ra�Dx[.° OroaKA'i,xKDrto u'�xo� 1 Im[Assonnux CERTIF/F.D T0: torr+gly NEIL STRONSKI /• ►\� PATRICIA PEREZ r.3 STEWART TITLE INSURANCE COMPANY +. ASTORIA FEDERAL SAVINGS I 7•�IJJ Y.f NOTES•. 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM P Hrs EXISTING ELEVATIONS ARE SHOWN THUS:s.D Sy ue No.50467 rn.- )a[r neon ers- eAve[anon + uxwumv¢m urourKw m eomKw ��•� ro WDR a 6DR s• Nathan Taft Corwin III DD - ODNPI v OInK16+D S[CNRI T]a9 Q 1X[AL,I TWK STAIF >w - +—Ww mNWGN AM Land Surveyor BII _ ONE DP MALL COPE W 11x3 91RILT YW nDI e N 2. FLOOD ZONE INFORMATION TAKEN FROM: w'"aamsuNOm scu wm�� FLOOD INSURANCE RATE MAP No. 3610300502 H ,o az A vwo mut tour. ZONE VE COASTAL FLOOD WITH VELOCITY HAZARD(WAVE ACTION)• mnrrAnoxs worA,m IiWLON sxuL mw Sucanx Ta 9bNry J.baktee,JA LS BASE FLOOD ELEVATIONS DETERMINED i o,aT,o me Rrwsav Tn9 K+w,xa suA[T Jeupe A N9ey4 I.S. rs PI6P/A[D.AND cx Ns owuF ro TIE ZONE%• AREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPW N, m[CDYPAw,oovwNVlxau reuaT AND cue Slmep-SuDC,nek,Y-SRe Plano- CmeDuelmn lywf IamxD Rmnunox usm ISAmN,Avo PHONE(631)727-209D F.K(631)727-1727 1"aax.GRlkAM.,O KRC MDI fRY16,WLL ! "nam LOUIID AT UAIUNC ADDRESS AND/0�[AaSCCY[MTSwO 1506 Yam R. PO.B.K 15 j AM,NOT SNOxM ARC NOT QIARANT[[p. Jameapwl,Nex To*11947 J—,po L Net Ta,k 11947 I _4 BOARD MEMBERS Of SO, Southold Town Hail Leslie Kanes Weisman,Chairperson O�� y�1 53095 Main Road•P.O.Box 1179 Eric Dantes O Southold,NY 11971-0959 t Office Location: Gerard P.Goehringer ae Town Annex/First Floor,Capital One Bank George HomingO • ,�a�� 54375 Main Road(at Youngs Avenue) Ken Schneider `���U Southold,NY 11971 http://southoldtown.northfork.net CE VED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD UJ;- 7 Tel.(631)765-1809•Fax(631)765-9064 Sou hold Town Cleric FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2013 ZBA FILE: 6665 NAME OF APPLICANT:Dina Masso PROPERTY LOCATION: 5705 Nassau Point Rd, Cutchogue,NY SCTM# 1000-111-13-04 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 24, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 24, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is EXEMP_T_from-Coastal-Consistency-Review. — -- PROPERTY FACTS/DESCRIPTION: The subject parcel is 33,799 square feet in an R-40 District. The parcel fronts Nassau Point Road for 100.48 feet, has a northern property line of 349.42 feet, a southern property line of 327.38 feet and is waterfront on the Little Peconic Bay along a Tie Line of 100.49 feet. The parcel is improved with a I Story Frame House,a bulkhead,decks,wood stairs with landings from the top of the bluff to the bulkhead. All as shown on the "Survey of Property" prepared by John Metzger, L.S., dated October 25, 2012, last revised May 14, 2013(revision) BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 3,2013,amended May 16,2013 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling,at; 1) less than the code required total side yard setbacks of 35 feet,located at: 5705 Nassau Point Road,(adj.to Little Peconic Bay)Cutchogue,NY. SCTM#1000-111-13-4 RELIEF REQUESTED: The applicant requests a variance to construct an addition to the dwelling which will result in a 29.9 foot Total Side Yard where the Code requires 35 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3—July 25,2013 7.BA#6665—Masso SCTM#1000-1 l 1-13-4 The Zoning Board of Appeals held a public hearing on this application on July 11,2013,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 proposed addition will be constructed with the same style of architecture and materials, which is in character of this neighborhood. The side yard setback of the proposed construction is proposed at 19.7 feet, which is greater than the code required single side yard setback of 15 feet,which should mitigate any detriment to the adjoining property owner. 2. Town Law &267-b(3)(b)(21.The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant desires to expand the existing Kitchen and Den,which expansions/additions are only feasibly constructed in their proposed locations. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing a 15% relief from the code. However,in the area of the proposed addition,the applicant will be removing an existing deck which has an existing 15 foot side yard setback which is more nonconforming than what the applicant proposes. The proposed addition will have a 19.7 foot side yard setback and will bring the parcel into more conformance with the Code required Total Side Yard. 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. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing an addition to the dwelling, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York"Town Law 267-B, motion was -offered by 'Member'Schneider, sec onded`by Member Wdis`man ""--- (Chairperson),and duly carried,to GRANT,the variance as applied for, and shown on the Survey of Property,prepared by John Metzger, L.S., dated October 25, 2012, last revised May 14, 2013 (revision), and the architectural drawing sheets A-100 and A-101, prepared by Meryl Kramer,R.A.,dated Masso 04/05/2013. 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 buildingpermit, 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. Nage 3 of 3—July 25,2013 ZBA#6665—Masso SCTM#1000-111-13-4 666 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. Yote of the Board. Ayers: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). i L9� Leslie Kanes Weisman,Chairperson Approved for filing 713o /2013 4 LOT COVERAGE SURVEY OF PROPERTY N EXISTING AT CUTCHOGUE HOUSE, BLDG, DECKS & PATIO TOWN OF SOUTHOLD 3,112 / 33,799 x 100=9.27 SUFFOLK COUNTY, N.Y. 1000-111-13-04 PROPOSED SCALE. 1'L 30' ADDITION 187 SQ. FT. OCTOBER 25, 2012 JANUARY 18, 2013 (REVISED PROPOSED ADDITION) DECK TO BE REMOVED —224 SQ. FT. JANUARY 28. 2013(REVISION) �� 3,075 / 33,799 x 100=9.19e MAY 4'200113tr(RIEV 130ISON&LOT COVERAGE) gpIQIFlD • - I I 1 1 1 1 1 ��� I� � 33 ' ' ' i 1 1 ► I I I I 12' I$ i 78' 20 E nooS pfd"ODInK 1 1 1 1 1 1 DECKIm 'Z1 N ,, IO I 1A i wood n"rts�Awo IA�a+as I 1 I C~1 "� I I 111 I I I 11 11 I w" \ I I o P iia t II ` ,t( li 1 li IS 1- s I i► a "X. stuE I.f I4" S S 9 u l0 10 'C GRAV11 oVEx A214ALT sr"ss LOT MAY 17 2013 BOARD OF APPEALS LOT NUMBERS REFER TO "AMENDED !4''1P 'A' OF I NASSAU POINT" FILED IN THE SUFFOLK COUNTY FINAL MAP i S75IW2011 LOT 40 CLERK'S OFFICE 0 ` K,r 1922 AS FILE NO. 156 REVIEWED Y Z A ELEVATIONS RE ,a €b', SEE DECISION# ■=MONUMENTS DATED?! / u I ; IJ,?i?_ ! Y.S. LIC. N0. 49618 ANY ALTERAACN O2 ADD1nON TO THIS SURI•EY IS A WOLA770V =' rx3+J ON1C S YOBS, P.C. M EX SECAQN 72090E 70N NEW YORK WS Z ALL C LAW. �, 'Y4 496" 31 765-5020 FAX 6 AREA-33,799 SQ. �. ExcEPr AS PER SECnON X209-sueaNsoN 2. ALL LE'Rnf7CAnDNS '� � ) t! 31) 765-1797 j HEREON ARE VALID FOR 7HIS MAP AND COPIES 7HEREOF ONLY IF S�b14ND .0. BOX 909 TO TIE LINE SAID MAP O.COWES BEAR 7HE IMPRESSED SEAL OF THE SURWYCR 1230 TRAVELER STREET INOSE 57OVATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 87--128 i I I i I 0000005 r am FE11 0 Elm ................................. Fr-c9 .................................... ...... .............................. ................................. .................................................... ........................... ...... .......... - --------- . ................. ......... ............ ---- --- .............. FINAL MAP REVIEWED BY ZBA SEE DECISION#66�� DATED_ 14- -7- RECEIVED MAY17?oiq BOARD OF A=-",.ALS Masso Residence A-101 I i wrglBBuefwro ' vwlIIdDV/OpDP 3elledtder .rY auzu Ekdric Leprnd: 1 U- axoemn Orr•OLr77!0T9 .Ion Dr1T•OO.00DOW ._ - �.. -• .--...- aooa000B ••_ ••—�• It B,xoo.3Yth Ii /11YrrY OAIM3 Y ppYlO® •• •�• y, fensr Par b�lr } rVwwn6-rb DAro _ AL* • _ — 4 �. f7! - 7t77--' 4f odrprzpruow � - A -• - _ q./ Ofl DIUr pVrp.NOlrr A �^`} o f+rr.p—mft rA. FbdwrSch..r: cram purrs D—� P/ A , mV T,IM�r T.Tm ,A, eub YwmFia.. Y Ta.v.rreY Frlar b:bp ;.*B V wr Flamllp. f'^ x/r.3rt3rY0n -, 8 poreIUI"Fln waT wv weou.fr ®•• =C. FxRnxr •, 1 iV• I•II• wYrlTpplWr Yo.er 1'br.. e\\y�`�-'I FINAL MAP .� d et fror.moln. wafrurer,NMx. •I 'I• aamc.a...reer Fp Tvara Am "`u" < +li,l•ll�` ED'BY ZBA REVIEW ® cn.rvrlrm dpr.FArw '=d°Iran.• '.,�.: f x w Ilu�i�Il. //(lam � Cil. d I• '••���";�;; SEE DECISION# 1p zl� • •'� ••�. .. Je'.iF'.l1'PC 8111ou DptV DATED .w. I bewnT IIIiF-1 . L 1[d:•F'=�_.. - _==d..S� racaa.rTalrn I 1 wmmroaar ��letfloof-a Pepial EleuMal Plea� BWr Lr•.TO -• o<x.wtapaa -- rrT•4n-, r,ErtetbT FoWnR[M,ail _ >_r err NrraerY saryr•-to• , I trwlrr —• Ne bW Y/i TIrH O� ari4 rt• PdJ/r � Q rINa.T4 I III Fa ux•.a• rr ��! r�aea7rrrPr � � ®-p arp,., ,abrsrw _ Trr.lw�blb mq , t�_ • a w/�� a ` �-1 i .orb.rnux •...I...3 : I Frelbwab : : I � II ..raralrrYnau•ae I ero�w�iV�Aco � 4 '� i g�Ip�..•TTirn�mr�� I 1 . � �s1 Tir.rBYel rwlbO'r./.tlpM II 1 ,�I dT� I •f ;i IbrrPlr.rr i Dynnaym 111 Q � I� I OJ '-+i� • h �• ^-'� rx.e ,MU®errrrYaw � `,1 [� ____ ,. �3 �3 jrTr•xaerrrasrfron rau Sy.>_ Y � """'r •••••.•.. '� i Trorsaxm mrroll,ron � oa.r.• � ^1111 a 1i •ra...nr wr�.s*>u>. fvr srrfroc 11 r li!Iiii1 r�I:..m /9 ie � Ax.�.rDirver;4or�A,a,b,.r .--� I1I tb �I�I�"�/�•'/ 4 111 1f1I 1 aI11r.pra 4ra n errrnrIYW Tn 6DM1amoersplsrYonY.pRu.rp>ey1ns1n.8tidp]^r5e. .en ce 2F ,"71VED TpMDrA6r MAY Y "913 Ilw. " n ,aILPrIBnx 1 yI JII�. fa _Ne F• s5• 11` -t1rMr�-II IMrp 1 A bacuD>.'onwwfmT $OAF -PEALS T.,..a...Ba.x...r, A-100 TobPrwa brkrNYRaP e.b.elr. L EdBUn¢Gara>ro PaNel Plan ��Set Floe- Perimp Plan B..fYYVA,m SiGb:yP-1'C ! — jiifif Sulc x/P-Tv w�o.mxou o ALIYgIur.rNw.Y I 1 i o� o 0 .11 F01 APPEALS BOARD MEMBERS o`Z` y� Southold Town Hall Gerard P.Goehringer,Chairman nx, 53095 Main Road Serge Doyen,Jr. y �� P.O.Box 1179 James Dinizio,Jr. O,( �`a� Southold,New York 11971 Robert A.Villa Fax(516)765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD pFpOFAPPEALS Appl. No. 4384 ACTIN THk B� DLODF APPEALS DATE OF ACTION: May 29, 1996 - VINCENT MANAGO, Contract Vendee; Owner - JOHN PURPURA) LOCATION OF PROPERTY: 8225 Nassau Point Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 118, BLOCK 4, LOT 10. BASIS OF APPEAL: Building Inspector action dated April 22, 1996 concerning location of accessory shed (without a building permit), at an insufficient setback from bulkhead," Article MV, Section 100-244B. RELIEF REQUESTED: Accessory building is for storage purposes only, and is located south of an existing wood bulkhead (below top of bank) at a point shown at an elevation approximately six feet above mean sea level, and known as rear yard. This 8' x 10' shed building has existed for many years in this location, and is centered at about 65 feet from the northerly boundary property line, and 66+- feet from the southerly property boundary line. MOTION BY Member Villa, SECONDED BY Members Doyen and Tortora ACTION/RESOLUTION ADOPTED: Granted setbacks as requested and as exists in present location away from the bulkhead, with the CONDITION that the only utility be electric, as agreed and discussed at the hearing. (No plumbing, no lavatory, etc. to be requested in the future - - or.-permitted-. Building-is-for-storage--use-only-by-the-owners)— ----- REASONS/FINDINGS: Dwelling in its present location (built prior to 1957) is located less than 30 feet from the closest "top of bank" elevation, and the rear yard is limited in size due to the nature of the topography towards Little Peconic Bay. The variance requested is not unreasonable and will not adversely affect the character of the neighborhood, or the health, safety, welfare of the community. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr. , �0Uert A. Villa, LydiaA. or ora and r d P. Goehringer. This 5 . tAt GERARD P. GOE ING R, CHAT AN DATE#/7Iy� Lown Gl.rl;, _0—ni 391.36' 41 , 1 11 11, N N. 82'00'00 E. W ;n nl sIs 1t��laJaf°'Y� i"I',I i1 i4�, sf°oe jefr) 1`t S �{d w 2) •�rr..�-. U�i�11 I I � I � g J p / 0, rri I. l�tlllil; \, D5 L O J 6 elf w 1 II"11 I s m O _ 0' �.,'- '"' C �' t tt 111 i 11 I!•- � D. a Sp 5' O 6r/M •`MQ R r_- �L�`��' '11 11 �' �' l`I p" OId ' 1 M16�/ t~ lll1{1'I'l1 I I m _ t IIT ,Ii'1 I L o T s5 "- , I,! ,111 ' V ° 1 1 1 ' • • i 3 ./°oi✓F°'o.s � { 367.99' 1 1 i 1 1. '1'11%I I '< Of ./ , Oo�••'�sa*.join'' 82.00-00,00, w• 5 P/O LOT 165 SURVEY OF CERT/FIFO TO- ; "AMENDED LOT 64 & PIO L O T 65 MAP'A'OFNASSAU POINT" ��1�OF hF)y1 FLED Ata 141922 FLENO,15B AT NASSAU POINT 1 TOWN OF SOUTHOLD SUFFOLK COUNTY, N,Y. ANY ALTER;r OR AODIn TO TARS SURVEY IS A VIOLATION 1000-118-04-10 `�• H ao OF SECTKIN 7209 LK'TN£NEW YORK STATE EDI/CAT70N LAW D� V ,Y,S LIC NO. 49618 EXCEPT AS PER sECTloN 7209-SUBOMSION 2 ALL 170M Ag AREA-1.3084 Aces Scale: 1"=30' HEREON ARE VALE FOR rmS MAP AAE COPIES THEREOF one_Y>F Feb. 18 1998 SAE MAP OR COPES BEAR THE BIPRESSED SEAL OF THE SURVEYOR t0 tie Me6 I , ECON/C SU YORS, P.C. WHOSE S/GNATI/RE APPEARS HEREOAL ADOITIORALLY TO COMPLY WITH SAE LAW THE TERM ALTERED BY' ELEVATIONS AND CONTOUR LINES (516) 765 -5020 MUST BE USED BY ANY AAE ALL SURVEYORS UTAJZWG A COPY ARE REFERENCED TO N,G.V.D. A 0. BOX 909 V11 ANOTHER SLAAVEY-5 MAP. TERAS SUCH AS SJSPECTED•AND FLOOD ZONE LINES DETERMINED FROM 1230 TRAVELER STREET BROUGNT_TO•DATE'ARE NOT Af COMPLIANCE WITH 7w LAW, CONTOURS 6 FIRM- SOUTHOLD,W.Y. 11971 i 96- 113 I � f �` -` ^Y- - � - - _ r �_ - t,.:. rY.-�.�♦a:' -':i,',"�-.- -w.'"s;.n.:,- - _•`Ya-,•��-.s•-„1.'-.".�' - ^,l_,r_'-T'.' � = - ,�, - - _- - i _. - 'i•;i�att�.aais's2,r,'• - - • !r n •Iq,�n ,h.� ,, _ _ _ ,.i , '.O"r- --L %i- - __.d+�,;i"+i,sSf;!•Y?�Ls 2i�•� � ,-. .,,i• 1'- .,0 - I� -• .' _ ' ' { - - - - �t" - "tr ,.y...,{1�^ :•-+v\ ..,�.:-r"t�.,�::•-. ,: tea i�: tom., 1 - - - ,,`' - �• `ra su _h .te:;°d(;; a�;i'L,i ;i1 - "1 •, F` tW,'_ A3 "r'ki. .t_.xv!'cr Y`i.•.u_ ,y lif,y,l p 7 .Op,pp•E. 1 ,. - •;Y1 t�kr j ;:r•+irrr>k trr,r:,„x;. ,'7,+- -r_ -i:l,,_ ,1 - y - - _ - :x.8 2 I - - - 't” 'an:h,k�-.iik>r-11s:T'.aF,.d-+x."-�7,-a:fi, } .f•Il�t� ,IQ'AL. .'u - 9' q t y'n':,.i^"- }'•..:.. }3,,,a,." .yl I rL „'.- 'aro•ie-�c 1 t �;t.. •'i'h wa r�'7 rs �al`aT q,.4`171u ��,4'..:,,�",.,: w•5'4'!}�'54�. 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D; S.gz{p0,pp' w. r 65 „”' �'-;_ ,:_ ;,fir' ' _ E�—=` p:j= ,SMP`%OtGO s A:'wr.;: :o4 of r.rl 10 AMENDED MAP f1 CER'rlFi£D"To• FR ED:AUG:';61922_;FdN� Y" Old��'' _ •�`��,-��� - 'n°�_ r NASTOWN SAU = OUTFlOC� C SUFFOLK; 061NT t,�l� y $ . `:as. •a'9;§�°-tib, n (: 7000,=',T�B<-iO4-i70' �P !Y`7T4y- '' �p � ."Y:S._LIC N0. 49618 • ALTERAT70N-OR,AOQlTICN'r0�rH15;5URVEY75.i'A0Carl[,':,• - _ - - • ,-' - S�•iafe� /„',t ti �•'�,.^'�'�,:,^ -'S�;'L�`'� :PEGONIC3','SllRVEY,ORS.'`PC: r SECr1LWr.7209:OF TRE-NEN'.YORx'Sra rE.EDUG+SON L:1W_`- _ _ '>r _ T•:lS PER35ECrlL'N-7200.5NJOMSION'2 aCL'C..RTIt7Carrr1sN5 _AREA=•'1.3084'Ac_rB8' __ ajFebT.ys�•��996.�,�z. r s ' ,'`' ,,;,,.�y ;,',. ,,=(5161 765ic'-5020::;��- r ' sox aRE.vAf •POR ros:v P allo mPEs n EREOF oNLi_ - 80X ^NAP'OR'COFES•BE.tR rREaUPR_SSEO 5E.7L'CF TPE YFYOR 10;Mi ` 'SSE."51GNRT7JRE'�tPPEaR5 NEAEON, - ., ELEV,tT10lJS-aNp.Ci-'NTOUR LINES _-'.%%• "'- "" SOUTNOL'O;E�V:Y.lSl97!"ET- -. .v7ivNni.,r:r'ro cOuaLYMMTN s�m•LAw-nrE'nu:aL M�D ar ARE;REFERENCE6.TO N.GV.D-- - :q •_ 3 i a 7�C,• _ i .. mvFYnRS slia.l!wc a ctlPY-_ rrnnn �nNE�LfNES DE'E_RA'11NE0 F42u ^ - - - '-96=113 I � I v i I: . `�1�1vAr-S-:PDA t O VIEAdItRS JKO` " :.. Sou'didltl Toavi><62�ll. .' .. Gerard P•Goehringet'� c 53095 Mai ut goad. Lgdia A.Tortdia ` '' i S)W r P.O.bbx 1179 Gdoxge:Homing ` ' Southold,,New York.11971-0959,- ' Rgthb.Oliva ,Chairwoman ��,�� : ��p� ZBA Fax(631)705-9064 ' V�alat oilid to Telephbrie(031),765-1$09 http ll8gutholdtRiwmnoitiifx)&aet BOARD'OR APPEALSl~Ct TPW. N OF SOrtJTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMIBLR 6, 200$ 1 'S 240 ' ZBA 5417 T Michael.,—rhd.Mary°Ellen Cirrito , Propoit Loca#iQn: '752 Nassau Poirit Road, Cutchogue; 118-4-4. :. ;'• : ; SEQRA DETERMINATION;The Zoning Board of/appeals has visited the property under cciriside"ra#ion tit-Wal.applfi:tWn and determines that this review falls under the Type II. catenary;of ft State's L-ist of Actions, without an adverse effect.on the 6hVirorimEint if 6&prttjedt:i0friplemented as planned. P 4608R�:FACTS/DESCREPTION: The applicants' 40,098 sq. ft. parcel is shown as E_6t'NO`art•the airierld d'.Nfap.A of Nassau Point filed August 16, 1922 inti the Suffolk >; y�= :::• Cirtitty,t`erke.Office.` Thi properly has 100,33 feet along the•easterly side of Nassau nt=Ioad;.irid is:improved •with a one-story frame dwelling, an accessory pool house °� `':•. 3 arid`sMITimjhg pool, as shbimi on the May 9, 2003 survey prepared by John C. Ehlers, c. U3' . I3AW0 QF APPLIOATION: Building Department's July 15, 2003 Notice of Disapproval, h�Section.10 -(ref. 100-244B)and 100-239.413 in its denial of a building perMit Y td. 6h6irci•-an'propdseid additions/alterations at less than a single side yard of 10 fleet ang!less than'75 feet from fhe bulkhead. FINDINGS OF FACT The.Zpning'"Board of Appeals held a public hearing on this application on October 23, 2003, of hick time written and oral evidence were �. '-." - ,_• _ . .N( presented. Based upon all teetimony,.documentation, personal inspection of-the property,—arid.-other evidericer the-- Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct proposed porch.with steps, proposed 1' and 2nd floor addition, proposed 2"d floor addition over existtng 164Q64, and alterations to the existing dwelling as shown on the detailed site ' plah-prgpk.bd June 25,-2003 by Robert I. Brown, R.A. FtEASONS.FOR BOARD ACTION_ On the basis of testimony presented, materials {: submitted and-personal inspections; the Board makes the following findings: 1. Grant of the.relief requested will not produce an undesirable change in the character : . of the neighborhood or,a detriment to nearby properties. The applicant indicated that I�. they desire to reconstruct a second-story over the northerly half of their home in the ' same setback area without increasing the existing setbacks of the footprint. As . .;; I'sge 2 loverri6er6,2001 ZBA 5417–•Nlichaef and Matji'i=11cn Cl: 11814 at cutcfiotJlue z• - intlfcated,'the:.dwellfng has nonconforming setbacks in the southerly side yard at 4'5°feet ::``•:: :and•in the,rear, waterside at 58- feet, at its closest points to the property lines. The t".: =;a_=; r thac)� toy the)itiEkhe d for: the clew cbnstruction'will be 5C(+- fit from ibe.bulk(�ead, .\Yii*h E ani•,jt tease in iioridonformfty,When.compardd to the $8'k setback of t}i�one- ;,!s#gr :portinrq,.bf the hd0sis in its present locdtion. , .,,: :r ���Mh: :::.::��• fie:ben` fit scj .• . . . . '. k: �.. • :}-, �, ughf by; the`applicaht cannot be achieved-by some method, f6a'sible,ior i Y fti'g;'appiieatif'�fo'puf�ue, othdf-#hen, an axes Variance. The. tiottie'was bGilt ttiitfi " ndh t�ffli[rling; sot faadt�s;,,�n tai new d.eiling coristructiori. will anco'ti7pass:. #hd' half- Qf�-the, mdMrlg fob#print area whish will substanf ally meet,the cede • .. 160 itotoofit onia`sirfglle,side jraN, and'utilizes the footprint which contains fila greotest 'tliSfaii a fi6h!.thi bvlRh ad m f#s'presont locotibn. : (though the VMGfan ra to is ..the n ..the minimum necessary, the difficulty was self- E =c at c° it en t"&ddQjon 1tas.plar�rled after'the home was built in its present Eocatioti b �►iticatohftiYriiiiig io the cdrieht Town t+"ode requirements. . 4,,WQ,,eviddbce"•had.:bi do 'sbbmitted to indicate concerns or obj' c brhs in the area, or •gra'rif.of°thet,relief rlouested-�nrill,ha�1e an adverse effector impact on physical or ' en�nt0iiri gntalrbriditibp s iti,the neighborhood or district. 5. O-Efot;of the,relief requested is the minjmum action necessary and adequate to enable • :.:;:,w:: :•: ': the•„applico it to.enf the-benefit bf new-'additions, while preserving and protecting the "'- oh. i�acter iii 111e`ne~;i�o'hl)drfibod'�and the health,safety and welfare 6f the community. „.:ll�l 0>L;tjTjON OR:T.HE BOARD: In considering all of the gbove factors and applying the '154116 lc!00,1 test`bhid r N York Town Law 267-B,' motion was-offered by M6mber + _ . :Gq'o rin. se6anded.py Member Ddar cdd and-duly carried,,-tQ--- — --- —-- --- ORAN t”the yariatice as applied for, as shown on the June 25, 2003 by Robelt I. .' BrownR.A. This action does fiot authorize or condone any current or future use, setback or other " featurd:bflhe subject prcpeft.ythat may violate the Zoning Code, other than such uses, setbac4 and other features as are expressly addressed in this action. x Vote of the Boat& Ayes:. Members Oliva (Chairwoman) Goehringer, Tortora, and Orlando- (Vice Chairman). Absent Member Horning. This Resolution was duly _ Ruth D. Oliva, Chafiwoman A 1/!x/03 Approved for Filing r 5URVEY OF LOT 58 AMENDfaI , MAP A OF NASSAU POINT 11n �.IIr� 15Z ib. I,�F11 F N W r- E TOM SOUTHOLD SUFFOLK COUNTY, MY s s SURVEYED 05-09 -03 t 1 SUFFOLK COUNTY TAX a e 1000-118-4-4 Lot G3RTfim 397.02' q� 't 11 ' cin NPerymmw(Striw �„E °�, �� IPA, n I - - I — — wr oNo! 00 41� x--�x-F - •-- -- -- x----------- a1 tem ------------------------ sto x 11 \ s n House N \1, 111 1 It v 1 Lot'Jg g r n 5xx °' + patio 1/ro 1 1 1 1 oA'n \ \ 1 • }� w x _ — _'4 `\ \\ 1!R ' — ' 405.22' ° f10� . 094 •I 1 I 1 � I Lot 59 \ T ha Road P��o�NES,yo ater Lone) >, NOTES MONUMENT FOUND y = TOPO LINES REFERENCE NGVD'29 DATUM Off. FLOOD ZONES REFERENCE FIRM MAP No.3610360502 G DATED MAY 4,1998 ! G 6Q S °5 4 AN4 AREA=40pgb of or OA2 acres JOAN C. EHLERS LrAND.SYOR .U IG SCALE 1"= 30' - 6 EAST MAIN STREET N.Y.S.LIC.NO.50201 I RIVERHEAD,NY.11901 F _ ------ - —_ _ _ 369-B288Fex369-SU7-REFr\1Hpwxv Oi1PROS\03-163.pm 1 - - - - - - 1 _ J. I RECEIVED ISM i d6 PATRICIA C. MOORS 20 Attorney at Law APPEALS BOARD OF APPEA 65,24. 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 www.mooregitys.com s.com MEMORANDUM To: Southold Town Zoning Board of Appeals Re: Abrams Residence (Appeal # '1 00-5 SCTM# 1000-118-4-1 Date: November 21, 2016 In further support of the appeal and pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the affected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . Town Law Section 267-b (3) (b) (1)No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The existing residence is located 261 . 511 from the top of the bank, 691 .4" from the existing bulkhead, and 811 . 7" from the Mean High water Line. The neighboring homes along Nassau Point Road are located similar distances from the bank, bulkhead and Mean High Water. The average setback of the five homes within 200 , of the subject property is 21, from the top of the bank. These homes have been substantially renovated or reconstructed in the last 15 years . The owners are demolishing the existing house and rebuilding, at the closest point, 341 .6" from the top of the bank. The location of the house is in line with the neighboring homes and the established character of the neighborhood. In 1972 The Zoning Board granted a variance for an accessory structure "in the front yard" . At that time, the Board was careful to maintain the established larger front yard setbacks of Nassau Point. The development of Nassau Point community is well established with the homes looking over the bank, set back far from the road with wooded front yards. RECEIVES 1 NOV 2 3 201;5 ZONING BOARD OF APPEALS 2 . Town Law Section 267-b (3) (b) (2) The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing slope of the property is highest at elevation 251 . 911, the top of the bank, and slopes downward to elevation 16 ' towards the street. The house is proposed at the established highest grade. The easterly neighbor' s home which is 4 ' from the top of the bank has a building mass that creates a minimal obstruction of light and air. The neighbor' s house is set on their highest point at elevation 301 . If the Abrams proposed house is pushed back landward, the Abrams house would be facing the neighbor' s front door. The easterly property would obstruct the light, air, and waterfront views which they currently enjoy. Their proposed house is in line with the three homes to the west. Nassau Point Road has been fully developed for the last 50 years. The homes have been updated and reconstructed under the prior zoning regulations which required setbacks of 75 ' from the bulkhead. Demolished and reconstructed homes were generally kept in a uniform line and conforming to 75 ' from the bulkhead. This project began, conceptually, when the code was 75 ' from the bulkhead. The house would have conformed with that setback. Joseph Fischetti, PE was asked to review the engineering of the bank. The soil failure angle is shown at sheet 3 . There is no likelihood of impact on the bank. The minimum allowable distance from structure to "top of descending slope" , by NY State Building Code, is 51 .67" . The applicant proposes 3416" 3 . Town Law Section 267-b (3) (b) (3) The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The 100 ' setback from the top of the bank creates a substantial variance. However, developing the property in conformity with the 100 ' setback would significantly and adversely affect the character of Nassau Point and the value of the subject property. The house placement would be the location of the garages on Nassau Point road, not the homes. 4 . Town Law Section 267-b (3) (b) (4) The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. As reviewed by Mr. Fischetti, PE, the proposed house would have no adverse affect on the bank. The bank is protected by a bulkhead and a naturally vegetative bank. The drainage will run away from the top of the bank. RECEIVEp NOV 2 3 2016 ZONING BOAk!j OF APPEALS 5 . Town Law Section 267-b (3) (b) (5) The alleged difficulty was not self-created. The code changed after the Abrams purchased the property. 6 . Town Law Section 267-b The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The proposed house is 10 ' back from the setbacks of the existing house. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. I n� I t S.C.T.M. NO. DISTRICT: 1000 SECTION: 118 BLOCK: 4 LOT(S): 1 I 1 1 (MAP 377�CE) r 22 24 26 28 MON' 1 O DWELLINGS 5 20 1 +EL 8._a w o 1 Ge y W/PUBLIC WATER LOT 4 ► ► W 150• it.sHED E J = 1 0.2'N _ --_53_.6•:=;= ENCLOSED ► 1 „ GUY EL 18.5 =-l. PORCH N m 1 ►m m p0 E U.P. _.._ , ,W N WOO 0.4'5 EL — — — _ ,_..— �_:=-_--` -=-'-__::' <-_ :_-_: +EL 24.1 , ►� g 'Z o f0 WOOD RA►L FENCE Pii N_ _ --- --- 16.6' A MON _ •— ::....__. ,-,_,... . 214.8 WATER SER�IICE 10.9• ._'___- _ _ ►1 o n o I Qj CO LLP./142 FRA ==:= IAE ;o- Y 91 16 'o pWELLING M_ w� DOW 24 J b .. W WOOD DECK 7-M 14.0' �� � — — EL 15.5 EXISTING SANITARY STEPS N=--:# o r w LU LocArloN t FFL' 26.3_- FLAG a moo o N o; w000 0 C9 3. 1-�, -- - - -= _7.2• OLE o+ STEPS 1 0 N .W T 55 i� .F"UNDER__::_ °_: _ __- ► 1 m "_ _ EL 8 1 - - 18- = '- ----_ - L 23.1 rn JGF .9•E ' - ORII,Fw:-:_ _ _ - T O t►VEWPY 18_- 1 0 1MBER JE �...♦ W AY - _ PHPL _ . i R.2 , a 2 O'N EL qJr 22 EL 18.620 1 ► N N C� C TREES ONc U E K MON ► 1 I C 4 - - 0.7'W 1 I d' J STK Fo 397 I o o` i.2 W (MAP DISTANCE z 3 14 ,D.,• � I T� S 82"00'pp" I V 1 0.9' W000 RAIL FENCE OIL RECEIVED DWELLINGS SEP REVISED 07-25-16 I MON f0 W/P 50' WATER 56 1 2016 REVISED 09-30-10 I LOT WELL., DRYNELLS AND CESSPOOL THE WATER SUPPLY, ELEV. 15.5 ZONING BOARD OF APPEALS LOCA710NS SHOWN ARE FROM RELD OBSERVA7701VS I OL BROWN 0.4• SANDY LOAM 3 AND OR DATA OBTAINED FROM 07HERS a _ BROWN AREA: 38,6ELEVAnoN oaruM: __ 92.79 SQ.FT. or 0.89 ACRES NAVD88 _______________________ SM LOAMY SAND 2.1 d UNAUTHORIZE!) ALTERATON OR ADDI77ON TO THIS SURVEY IS A VIOLA TON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY BROWN MAP NOT BE.,4'RING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE11 PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTTUTON SC i. Cep EY 3 2' LISTED HEREOV, AND TO THE ASSIGNEES OF THE LENDING INSTTUnON, GUARANTEES ARE NOT TRANSFERABLE. SAND THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTON OF FENCES, ADDITONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS mTTT�ILL ROAD AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE nM£ OF SURVEY a V 1 PALE SURVEY OF: LOT 55 CERTIFIED TO: 7325 NASSAU POINT ROAD LLC; SP MEDIUM MAP OF:NASaAU POINT CLUB PROPERTIES, INC. SAND 9.0' (Al MAP A) SECTION B FILED: OCTOBER 4, 1919 No.745 WATER EL 0.8 SITUATED AT: (NASSAU POINT PALE 11 SP MEDIUM 2.3' TOWN OF: SOLITHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SAND SUFFOLK Ct7UNTY, NEW YORK Professional Land Surveying and Design —17' 07-20-17 I f P.O. Box 153 Aquebogue, New York 11931 4 K.WOYCHUK LSI // 10-9I SCALE: 1"=30' DATE: SEPT. 22, 2010 PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 1 maintaining the records of Robert J. Hennessy & Kenneth N. 1loychuk BOARD MEMBERS ®F S0 Southold Town Hall_ Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road--P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'yc®U►uM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 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, DECEMBER 1, 2016: 11:15 A.M. -JEFF AND JAIME ABRAMS #7003 - Request for Variance(s) from Article XXII, Section 280-116a(1) and the Building Inspector's September 1, 2016, Notice of Disapproval based on an application for a building permit to demolish an existing house and construct a new single family dwelling and a new detached accessory deck, at; 1) proposed dwelling is located less than the code required 100 feet from the top of the bank; 2) proposed accessory deck located less than the code required 100 feet from the top of the bank, located at: 7325 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118-4-1. 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: kimf(aD-southoldtownny.gov Dated: November 17, 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 NvTIi,. E U_wF HEARINtj The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095, Main Road, Southold: NAME ABRAMS , JEFF & JAIME #7003 MAP # 11 8 .-4- 1 VARIANCE SETBACK TOP OF BANK REQUEST DEMO/CONSTRUCT NEW DWELLING & ACCESSORY DECK DATE : THURS , DEC . 7 , 2016 11 : 15 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 -TOWN OF SOUTHOLD - 765 = 1809 'r 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) 7654809 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.nortlifork.net November 7, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, December 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 November 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 23rd: 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 29, 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIIDAVIT OF In the Matter of the Application of MAILINGS (Name of A plicants) , SOTM Parcel# f000;- Z/ COUNTY OF SUFFOLK STATE OF NEW YORK I, -r(g>w residing at 2-S�3-15 GuT�? New Ydrl, being duly sworn, deposes and says that: 0a the /o day of 6 20 /l, Y personally mailed at the United states Past-Office isC u i c�i� '�t ,New York,by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified&vm the official records on file with the.(L4-ACssessors,or( ) County Real Property Office for every property wfach abuts and is across a public or private street, or vehicular night-of way of record,surrounding the applicant's property. (Signature) Sworn LAUREN M MCKISSICK to before me this NOTARYPUBLIC-STATE OF NEW YORK --/c day of A/Ot/e�'I�C/L ,20 � G No.01 MC6342308 Dualfied in Suffolk County • (Notary Bubhc) My Commission Expires May 23,2020- - PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers aext to the owner names and addresses for which notices were mailed. Thank you vo, .'0 @9MMM195 ZM11 wMin C3 rM M Ir CO ru SHO ILLMJ, N, CO"(1797,, • Ln Ln CU .006PE P7_NV �U Certified Mail]Fee tj ,, Z '!�� Ln $ $3.30 -935 -0 Certified Mail Fee Ln Ln $3.30 Extra Services&Fees(chackbox,add fee $ 10 to vLn Extra Services&Fees(check box,add ❑Return Receipt(hardcopy) lee aWhI P,10) El Return Receipt(hardcopy) $ 1:3 0 Return Receipt(electronic) $ PO El Return Receipt(electronic) $ U 00 Postmark E3 [I Certified Mall Restricted Delivery $ C-3 OD C3 El Adult Signature Required Ole 7 1-3 1 I ? Here r E]Certified Mall Restricted Delivery $ �?Here 0 []Adult Signature Restricted Delivery$ 0 3 E]Adult Signature Required IX E:3 Postage E]Adult Signature Restricted Delivery$ r_1 $ $1.36 ED Postage 117 Total Postage and Fees a $ $1.36 C3 $ $7.36 Er C3 Total Postage and Fees -U Sent To $ $7.36 r_1 -11 Sent To -------------------- Michael R.-and-Robin S. Dr treetandApt No.,jTF --------- --- -----ews- Gerald &4gg ------------ - -if ___ - 1=1 Ui15U9,5Zff6------------------- r%- 6�jck Road r%-Hills --------------- ----------------____ PO Box 978 0 , NJ 07078 ------7------- ciiy --------------------------------------------------------------------- to Z . •...... Cutch6gue, NY 11935 :01 11 r� ru M Im CO ; o NEU,�'YORKY rNY rl 0075"1 U \­ev ii vg Ln Ln 0 --1 Certified Mail Fee0 935 _n Certified Mail Fee $3.30in Ln1 C 10 Ln Extra Services&Fees(check box,add fee ❑Ln Extra &Fees(chaQKbOXaCaT68a te) Return Receipt(hardcopy) $ r'9 E]Return Receipt(electronic) El Return Receipt(hardcopy) $ $ Po 0 ❑Return Receipt(electronic) $ Postmark r rc I C3 -Here []Certified Mail Restricted Delivery $ H rly) Certified Mail Restncted Delivery $-41� C3 C-3 C L]Adult Signature Required $ r3 E]Adult Signature Required $ C3 []Adult Signature Restricted Delivery$ nU f�7 []Adult Signature Restricted Delivery$ Postage LZI Postage C3 86 $1.36 $1.36 0- 016 Ir $ Er dFees 3- Total Postage and Fees 11 1/2016 E:3 - 9 -_00 C3 $7.36 $7.36 $ $ _11 Sent To Sent To r_1 James.Jr.-and-Ellen-Riley--__-- A Patricia Tennant , t__a_A�t No.,0, CM3 NFj&i��a_AWf_IVE,_WPUR&_W6 136 E. 79' Street,Ai)t.10B r- lvl�d_Box_--------9_6_3--------------------------------- C_ty ---- ---------- ------y 'S 1p" --------York,New-New 10075 clp�y, tat + C50i6gue, NY 11935 • Complete items 1,2,and 3. • Print your name and address on the reverse 13 Agent so that we can return the Card to you. 13 Addressee • Attach this card to the back of the mallpiece, (Printed ame) C. pate of Delivery or on the front if space permits. 0 I. Article Addressed to: D. Is delivery add ss different item;r? EI Yes M * i 3. A. Sign r address on the rovers X Card to you. , & 't.W:�, 0 of t B. Received by k he 7mallpiecee. 7R-0- =1 If YES,enter delivery address below: [3 No James Jr. and Ellen Riley 13fi-E.-79' Street,Apt.10B 7 IF New York, NY 10075 Service Type ❑0 Priority Mall Express®—; 11 Adult Signature 1:3 Registered MaiITM 0 Adult Signature Restricted Delivery El Registered Mall Restricted 0 Certified Mall@ Delivery 9590 9402 1878 6104 5486 44 0 Certified Mail Restricted Delivery 1:1 Return Receipt for 0 Collect on Delivery Merchandise 2. Article Number(Transfer from service label) 0 Collect on Delivery Restricted Delivery 0 Signature Confirmatiorii'm 11 Insured Mail El Signature Confirmation 7016 0910 0001 5565 8314 El Insured Mall Restricted Delivery Restricted Delivery (over$500) Ps- Form 3811,July 2015 PSN I_ Domestic Return Receipt p• vim. 70 ,3 ABRAMS RESIDENCE 1000-118-4-1 (certified mail, return receipt) 111.-5-12 ****xxxxx*x*****x* 3600 Vanston Rd 13 111.-5-12 210 1 Family Res -WTRFNT COUNTY TAXABLE VALUE 28,700 Riley James Jr Mattituck Schoo 473812-98 6,000 TOWN TAXABLE VALUE 28,700- Riley 8,700Riley Ellen ACRES 3.22 28,700 SCHOOL TAXABLE VALUE 28,700 136 E 79th St Apt 10B EAST-2427098 NRTH-0286834 FD029 Cutchogue FD 28;700 TO New York, NY 10075 7425 Nassau Point Rd 13 118.-4-2 210 1 Family Res -WTRFNT COUNTY TAXABLE VALUE 30,900 Drews Michael R Mattituck Schoo 473812-98 3,200 TOWN TAXABLE VALUE 30,900 Drews Robin S ACRES 0.9130,900 SCHOOL TAXABLE VALUE 30,900 105 Hemlock Rd EAST-2430588 NRTH-0285031 FD029 Cutchogue FD 30,900 TO Short Hills, NJ 07078 DEED BOOK 11977 PG-942 PK090 Cutch-New Suff Park 30,900 TO 7500 Nassau Point Rd 13 118.-3-3.1 210 1 Family Res COUNTY TAXABLE VALUE 9,300 Stagg Gerald Mattituck Schoo 473812-98 1,700 TOWN TAXABLE VALUE 9,300 PO Box 978 ACRES 1.14 9,300 SCHOOL TAXABLE VALUE 9,300 Cutchogue, NY 11935 7320 Nassau Point Rd 13 -118.-3-3.6 210 1 Family Res STAR-BASIC 41854 0 0 0 580 Tennant Patricia Mattituck Schoo 473812-98 1,500 COUNTY TAXABLE VALUE 10,600 PO Box 903 ACRES 0.83 10,600 TOWN TAXABLE VALUE 10,600 Cutchogue, NY 11935 L 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING NSC (Name of/gpplica ts) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- /8_ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing.at 3 SP' y % /� lift;. C./vl jg P b/ New York, being duly sworn,depose and say that: On the day of !/�I:���C ,2016 , 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 stmet or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained.in place for seven(7)days prior to the , .date of the subject hearing date,which hearing date was shown to be /z-/ (Signature) Sworn to before me this LAUREN M MCKISSICK' Day of ,1l/0 v� 11,�201(�, NOTARY PUBLIC-STATE OF NEW YORK -� No.01 MC6342308 Qualified in Suffolk County (Notary Public) -y Commission Expires May 23, 2020 near the entrance or driveway entrance of my property, as the area most visible to passerby. , r THIS ECTION N;ON DELIVERY ■I Complete items 1,2,and 3. A s' nature m Print your name and address on the reverse 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, Recei d y me ) C. Da a of li ery , or on the front if space permits. `-'I 10 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes --- - -- if YES enter delivery address below: ❑No Gerald Stagg �,b �' I AN N PO Box 978 t; r Cutchogue, NY 11935 1 0� C"• n I Type i I I II I II I II II I I II I I III II I I I II II I III PRegistered MaIITM riority Mail Express® re `[3AlSfstered Mali Restrlc tedyOs � j II I IIII'I I I *Certified Mail® Delivery Q Certified Mall Restricted Delivery ❑Return Recelpt for 9590 9402 1878 6104 5486 68 ❑Collect on Delivery Merchandise 0 . Delivery.- Insured Mail i . • 0 Signature Confirmation ?016: 0 91,D 'D 0 1 556-5 1;8 2 91 ❑1Indured Mail Restricted Delivery` [Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SECTION ON DELIVERYCOMPLETE,,THIS�§ECTION COMPLETE THIS t, Si9 ■ Complete items 1,2,and 3. °_ ^ r ❑Agent l N Print your name and address on the reverse ' X,�' '" ' '"' " - ' "' E3 Addressee � so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. R eived by(Prl�nted Name) C. Date of Delivery or on the front if space permits. RC-t t 11. Article Addressed to: D. Is delivery address different from Item 1? El Y6 i If YES,enter delivery address below: ❑No Patricia Tennant —; PO Box 903 Cutchogue, NY 11935 -- - 3. Service Type 0Prionty Mail Express® II ❑Adult Signature El Registered MadTM'I Ililll IIII III I II I II II I I II I I III II I I II I I it I ❑Adult Signature Restricted Delivery [3 Registered Mail Restricted; 0 Certified Mail® Delivery , 9590 9402 1878 6104 5486 37 ❑Certified Mall Restricted Delivery 0 Return Receipt for i [I Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*^' 2. Article Number(transfer from service label) ! 0 Signature Confirmation i a ++ 615118 i M 1Insured Mail all Restricted Delivery I i i I IlResthoted Delivery 7 016 0-9111+ 610 ` 5 5 3 21 I (over$500) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i t )'; r , #13061 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 24t" day of November, 2016. Principal Clerk Sworn to before me this int day of \1 I 2016. n � CH STINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. DIV06105060 Qualified in Suffolk County My @,9tHf 1019Fl 091109 februmv 28,2020 LEGAL NOTICE. SOUTHOLD TO'WN'ZONINd BOARD OFAPI'EALS THURSDAY;DECEMBER 1;2016 _ PUBLIC HEAMPB •' } at:200Soutlf akwoodDrive,Laurel,NY. 1)at more than the maximum height of NOTICE IS I IEAEBY GIVEN;pur- SCTM#1000-145-3-3.1. 22 feet,located at:24435 Route 25,(Main suant to Section 267 of the Towitl aw and -10:30 A.M.-PHILIP-WASILAUSKY Road),Orient,NY.SCI'M#1000-18-2-34. Town Code Chapter 280(Zoning),Town #7001=Request for Variiarice(s)front Ar- 1:00 P.M. - REVCO LIGHTING & of Southold,the following public hearings title XXIII,Section 280-124-and the Build- ELECTRICAL SUPPLY/STODIEN will be held by the SOUTHOLD TOWN ing Inspector's July 18;2016,Amended DEVELOPMENT #7006-Request for ZONING BOARD OF APPEALS at the August 18, 2016 Notice of Disapproval Variance(s) from Article XIX, Section Town Hall,53095 Main Road,P.O.Box based on an application for a building 280-85 D and the Building Inspector's 1179,Southold,New York 11971-0959,on permit to construct additions and altera- September 13,2016,Notice of Disapprov- THURSDAY,DECEMBER L 2016. tions to an existing single fanuly dwelling, al based on an application for a sign per- 9:30 A.M. - DOUG GEROWSKI at;1)proposed additions and alterations mit to erect a second freestanding sign,at; #6973—(Adj from October 6,2016)Re- less than the code required front yard 1)more than the code required maximum quest for Variance(s)from Article XXIII, minimum setback of 35 feet,2)proposed number of freestanding signs allowed for Section 280-124 and the Building Inspec- additions more than the code permitted each frontage,on a public street or way, tor's May 19,2016,amended June 13,2016 maximum lot coverage,of 20%:,105 Pri- located at:55765'Route 25(Main Road), Notice of Disapproval based on an appli- vate Road(AKA 575 Goose Creek Lane), Southold,NY.SCTM#1000-63-3-8. cation for building permit to construct ad- Southold,NY.SCTM#1000-77-3-25. 1:]5 P.M.- FRANK AND DENISE ditions and alterations to an existing single 10:45 A.M.-ADAM SUPRENANT DELCAOUJL #7007 - Request,for family dwelling,at;1)more than the code #7002-Request for Variaiice(s)'from'Ar Vanance(s)"'fiom Article XDX, Section permitted maximum lot coverage of 20%, title 5=,Section 280405C(3)and the' 28 1 0-13(A)6(p) and the Building Inspe� located at:2570 Clearview Avenue,(adj. Building Inspector's June 30,2016,Notice to's September 14,2016,Notice of Disap- Y. to Goose Creek) Southold,NSCTM# of Disapproval based on an application for proval based on an application to legalize 1000-70-10-29.2 a building permit to legalize an"as-built" an"as-built"accessory apartment in the 9:45 A.M. - DONNA AND FRED deer fence,at;1)proposed deer fence lo- basement of a single family dwelling for a FRAGOLA #7004 - Request for cated in other than the code permitted proposed bed and breakfast,at;1)bed and Variance(s) from Article XXIII,Section side or rear yards,located at:425 South breakfast facilities shall not be permitted 280-124 and the Building Inspector's Au- Harbor Road,Southold,NY.SCTM#1000- by Town Code in or on premises for which gust 23,2016,Notice of Disapproval based 75-4-29 an accessory apartment is-authorized or on an application for a building permit to IL-15 A.M. - JEFF AND JAI- exists,located at:4725 New Suffolk Av- construct a new single family dwelling,at; ME ABRAMS #7003 - Request for enue,Mattituck,NY SCTM#1000-115-4- 1)less than the code required minimum Variance(s) from Article XXII, Section 84. front yard setback of 35 feet,2)less than 280-116a(1) and the Building Inspector's The Board of Appeals will hear all per- the code required minimum rear yard September 1,2016,Notice of Disapproval soils or their representatives,desiring to be setback of 35 feet,located at:620 Corwin based on an application for a building heaYd at each hearing,and/or desiring to Sti eet,Greenport,NY SCI2V1#1000-48-2- permit to demolish an existing house and submit written statements before the con- 44.2. construct a new single family dwelling clusion of each hearing.Each hearing will 10:00 A.M. FRANK ZAGARINO and a new detached accessory deck,at;1) not start earber than designated above. #7008 - Request for Variance(s) from proposed dwelling is located less than the Files are available for review during regu- Article III, Section 280-15 and Article code required 100 feet from the top of the lar business hours and prior to the day of XXIII,Section 280-124 and the Building bank;2)proposed accessory deck located the hearing. If'you have-questions,please Inspector's September 2,2016,Notice of less than the code required 100 feet from contact our office at,(631)765-1809,or by Disapproval based on an application to the top of the bank,located at:7325 Nas- email:KimFQsoutholdtownnygov demolish an existing single family dwell- sau Point Road,(Adj.to Little Peconic Dated:November 17,2016 ing and rebuild a new single family dwell- Bay)Cutchogue,NY.SCTM#1000-118-4- ZONING BOARD OF APPEALS ing,at;l)proposed single family dwelling 1. _ LESLIE KANES WEISMAN, is less than the code required rear yard 11:30 A.M. - JOHN AND CATH- CHAIRPERSON minimum setback of 35 feet;2)proposed ERINE BOYLE ti700S -.,Request for BY.Kim E.Fuentes single family dwelling is less than the code Variance(s)from Article IV,Section 280- 54375 Main Road(Office Location) required combined minimum,side yard 15 and the Building Inspector's August 8, 53095 Main Road(Mailinp(USPS) setback of 25 feet;3)proposed construc- 2016,Notice of Disapproval based on an P.O.Box 1179 tion places existing 100 sq.ft. accessory application for a building permit to legal- Southold,NY 11971-0959 shed in other than the code required rear ize an"as built"farm accessory bam,at; 130614T 11/24 yard;4)proposed construction places ex- isting 164 sq.ft.accessory shed in other than the code required rear yard,located BOARD MEMBERS ®F SOUP Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer cn Town Annex/First Floor,Capital One Bank George Horning ® a� 54375 Main Road(at Youngs Avenue) Kenneth Schneider ���®U���� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631)765-9064 September 7, 2016 Mark Terry, Principal Planner v LWRP Coordinator SEP 0 7 2016 Planning Board Office Town of Southold southdfdTown Town Hall Annex Planning Board Southold,NY 11971 Re: ZBA File Ref. No. #7003 —Abrams Dear Mr. Terry: We have received an application for demolishing existing and constructing new dwelling and new accessory deck in Cutchogue. A copy of the Building-Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Bytom Encls. - - - - BOARD MEMBERS ®f SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry053095 Main Road-P.O.Box 1179 !O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer CA ,c Town Annex/First Floor,Capital One Bank George Horning 0 ® a_ 54375 Main Road(at Youngs Avenue) Kenneth Schneider l��'oU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 September 7, 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 #7003 Owner/Applicant: Abrams, Jeff& Jaime Action Requested: Demo existing and construct new dwelling and accessory deck— setback - - - top-of bank 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 Encls. -- - -- - - - -- ------- --- - BOARD MEMBERS Qf SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer A ffi. Town Annex/First Floor,Capital One Bank George Horning �� ® y® 54375 Main Road(at Youngs Avenue) Kenneth Schneider `'®UI� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 76S-9064 September 7, 2016 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead,New York 11901 Attn: Corey Humphrey Re: ZBA File Ref. No. #7003 -Abrams Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Cutchogue,NY, and shown on the enclosed site map. The hearing on this application is expected to be held on December 1, 2016. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. - -- - Very truly yours, -- - - -- Leslie Kanes Weisman Chairperson - By: - Encls. LOT COVERAGE TABLE DRAINAGE CALCULATIONS SITE DATA SITE AREA TOTAL: 41,817 AREA OF RESIDENCE DW-A sf SCTM # 1000-118-4-1 DRY WELL AREA x RAINFALL x RUNOFF FACTOR (DN-A) 1,104 5F x (2/12 FT) x 1.0 = 284 GU. FT. PROPERTY: 7325 Nassau Point Rd STRUCTURES EXI5TINI6 PERCENTAGE PROP05ED PERCENTAGE USE: (2) 8' DIAMETER x 6HIGH POOL ADDRESS Cutchogue, NY 11935 HOUSE: 2,30-1 sf 5.51% 2,2clq sf 5.4g5yo (2) 5' X 6STORM DRAIN RING = 506.01 CU. FT. OWNER: Jeff and Jaime Abrams SHEDS: 207 sf 0.50% 207 sf 0.50% 506. 1PROVIDED GUU.. REQUIRED FT. > 284 GU. FT. 230 West 78 th Street, 12 A 506.Q New York NY 10024 PORCH: Ca sf O% -180 sf 1.8-1% DECKS/STAIRS: q571 sf 2.24961' 552 sf 2.03% AREA OF RESIDENCE DW-B) SITE: 41,817.6 SF = 0.96 AC TERRACE: 0 sf O% 2,345 sf 5.60% DRY WELL AREA x RAINFALL x RUNOFF FACTOR POOL: 0 5f O% 500 sf Lg29 (DA-13) 1,581 5F x (2/12 FT) x 1.0 = 265 CU. FT. ZONING: R-40 USE: (2) 8 D 1 AMETER x 4 H l GH POOL TOTAL: 31451 sf 8.25% 7,283 sf 1-1.41% (2) 5' X 4' STORM DRAIN RING = 33?.8 GU. FT. SURVEYOR: KENNETH M WOYCHUCK PROVIDED REQUIRED LAND SURVEYING W 35'1.8 CU. FT. > 265 CU. FT. PO BOX 153 AQUEBOGUE, NY 11931 3: 0Z AREA OF DRIVEWAY (DW-C) LICENSE #050882DATED 07-25-16 ~ W DRY WELL AREA x RAINFALL x RUNOFF FACTOR (DIN-0) 2,5016 SF x (2/12 FT.) x O.ci = 5801 CELEVATIONS ARE REFERENCED U. FT. 0 D USE: (2) 8' DIAMETER x 5' 141614 POOL TO N.A.V.D. 1989 DATUM (2) 5' X 8' STORM DRAIN RING = 675.6 CU. FT. C0 PROVIDED REQUIRED Z 6"15.6 CU. FT. > 5801 CU. FT. wIR U Al T I v 1`41 MAVO V AREA OF DRIVEWAY DW-D � EMA DRY WELL AREA x RAINFALL x RUNOFF FACTOR 2166 5F x (2/12 FT) x 0.9 = 325 GU. FT. , ;, USE: ' x 4' HIGH POOL Mud ro dwaters ' . (2) 8 DIAMETER Creek � (2) 5' X 4' 5TORM DRAIN RING = 537.8 CU. FT. X PROVIDED REQUIRED / Q $57.8 CU- FT. > 325 GU. FT. / NEIGHBORING RESIDENCE e " �c / / N/O/F i%/ Z RJJ Properties LLC » „ C/0 Richard A Hrorstmann Z Little ' % j% 7225 Nassau Point Rd Peconic Bay co 1000-111-15•-12 O PROPOSED SILT FENCE DURING j CONSTRUCTION co .. ". ��H iii'/:; //j-"; /j;,/ ♦^ ,/ vim. ,//� / ,,,j v PROPOSED NEW UNDERGROUND 1 , '; > DRYWELL5 FOR 5TORMWATER EXISTING HOUSE TO e O Q RUNOFF FROM BUILDING STRUCTURES BE DEMOLISHED 1 ;;; Z LO Uj NEW YARD DRAIN CONNECTED TO i 3 � N NEW DRYWELL24 < 1 ► 1 Co %i M _ 2? 26 2 ` / °`p�,'' e) T LINE OF EXISTING BULKHEAD 00 Ui 20 i 23 2 \ i 1'\i'"\"'�/ f % `\ rn d t LOCATION of EXISTING SANITARY 21 I/��, "�;0� i 1 m rn SYSTEM TO BE ABANDONED - FILLED 18 19 \ \ � -� IN OR REMOVED A5 REQUIRED GA' ., u , ,'�XI9T\ •�Iz LITTLE TEST HOLE n \ Svc �e '°` i \ ��/'$`- / �,,' I NO SCALE T �o PROPOSED NEW _ j,,\ , , OE �pN 8q,-0 P E C O NI C BY K. WOYCHUK LS l7 UNDERGROUND r..- I ,� \ \ `�\ ��� Op't�X '6 D 5tUPE vA ' PROP ; BAy TEST HOLE DATA 7/20/16 ELEV. + 15.5 EXISTING WATER LINE � WATER METER i 75 NEW TERRACE �� i PROP 0.4 FT. BROWN SANDY LOAM OL _ - I PROPos Dr-- j4 7l1 PROPOSED SILT FENCE DURIt;G \ X -+17. X16.0+ I N� 126.5 \ �' .y., N82--00'00"'E1 1 �\ / / . EXIST':! �X15T r CONSTRUCTION BROWN AND PROPOSED �� L.. 51 DNC I ` " ' hECK;' 2.5 FT. BROWN LOAMY SAND SM O Z / ,. ''�}� NEW POOLNEW\`i 5 BEDROOM51 +2 .25' ` I `� y` ----- - 20'x40' TERRAC ; W/ BASEMENTI ���� _ X 't 1:XIST�� BROWN FINE co a \ 2 STORIES I I 1- / \/ qS q 5.7 FT. CLAYEY SAND SC _ '' EXISTING "'��\< - - -'"TEST HOLE ` I TOTAL GR055 , I a �\ I p� I 5 BUILDING STRUCTURE J o M 16- - _ FLOOR AREA AXI T 1. EXISTING BU v, a \ WOODS EL + 15.5 1"1.6'+ 4,708 sF `- I �` I -n �\ ROP EXISTING BEACH STAIRS 14.7 FT. PALE MEDIUM SAND SP w W Z W x AREA O �� 6 0 1 , �\ 1 LL a l / A FIRST FIN FLR 1 I ''' W . _ W I I N N-DISTURBANCE pENCB 1 ELEV +26.86 I �I 1 WATER IN row w a N EXISTING ; ' ;" W• N = ►1N I L_� `' 0 17 FT. PALE MEDIUM SAND SP o 'cl� ., / / •0 st %s �` I GARAGE SLAB I '� M w �, GATE i �i I ELEV +16.? ► I ; ,,� COMMENTS: WATER ENCOUNTERED M ASPHALT ' 1 I \ / \ BEACH 1 r Q U DRIVEWAY ' \ \ / , I�•5+ I - 216.5+ I .1 �, i;, ;,��\ 1 14.7 BELOW SURFACE, ELEV 0.8 Q I �� 15.25+ LP \ ._. J" P,G PR / r / 011 O ,' 1 CO 5 TIMBER J U tet- O'=0" FRONT,YARD = �` ASP"LT `� s ale 397' m NA SAU SE77BACK ' ' , " � �� D _- PAR<Nr-' \ °- P INT , � AREA <' y ,� XF F_=- D D LP EXI5TING %\ \\\, / � I �✓' \X� 20 21 P g OFF RpA WOODS i' y' X 18 19 FROM TOP F Sa��v Yo ` ' \ / 16 1 O' S1✓'�P`CI� I EXISTING BEACH STAIRS �� R� � ,� �\ y, � to � �. _ I NON-DISTURBANCE , C �' \l l I �rP�r%a p,�`N zLd ` / \ NEW YARD DRAIN GONNE TEDI EXISTING DECK STRUCTURE TO ° -�ry� _ 1 p - / tJ TO NEW DRYWELL I BE REBUILT REDUCED IN 51ZI` t W ( /�� ' �j �� Cp -( � TO 8'x12' DECK STRUCTURE v / �'14 m p EXIS INC DRIVEWAY TO REMAIN I p SIO /�"�.' ` n �0 rn = AND NLARGED AS SHOWN i PROPOSED SILT FENCE DURING ` m v PROPOSED NEW NDERGROUND CONSTRUCTION EXISTING SHED CATION OF EXISTING DRYWE L DRYWELL WITH TAL INLET GRATE I 01() 14 Sg2.00'00'�W TO BE ABANDONED - FILLED IN FOR 5TORMWA R RUNOFF FROM I PROJECT NO: 1605 i:: Z3 OR REMOVED AS REQUIRED DRIVEWAY SURF GE TYPICAL I PROPOSED NEW UNDERGROUND DRAWN BY: N IT 0 -1 I DRYWELLS FOR 5TORMWATER -j LLI RUNOFF FROM BUILDING STRUCTURES UT wl� v- z PROP05ED NEW SEPTIC SYSTEM I FOR A 5 BEDROOM RESIDENCE I LINE BETWEEN TWO NEIGHBORING HOU5E5 CHECKED BY: O -A - 1500 GAL TS � - CLEANOUT SEPTIC TANK (ST) NEIGHBORING RESIDENCE i TS - (2) 8' DIA x 8' HIGH LEACHING POOL (LP) N/O/F I \ Drews Michael R Drews Robin S 8/30/16- FUTURE LOCATION FOR (I) 8' DIA x 8' ' 7425 Nassau Point IRd SCALE: HIGH LEACHING POOL (EXP) 1000-118-4-2 111 = 20' - ovi r,FCFIvr:D SHEET TITLE: RESIDENCE FIRST FLR EL 28.86 FT SEP X01 GARAGE FLR ELEV +18.7 GRADE LINE ELEVATION 17.8 FT WIRE FENCE W/ SCALE: 1" = 20'-0" ZONING R-OARD aH SITE APF�AI� CLEANOUT FILTER CLOTH PLAN GRADE LIINE ELEVATION ±15.25 FT. I' MIN. 2' MAX. FILTER CLOTH MIN. 6" DRAINAGE 1/4"/FT MIN 18"/FT MIN TOP OF POOL 13.75 FT BELOW GRADE FLOW SEPTIC EACH I N IE. +16.8' TANK IE. +13.51' Pool BOT OF POOL 5."15 FT SHEET NO: IE. +14.01' IE. +15.42' GROUND WATER o.8 FT TEMPORARY STORM WATER 51 5' MIN RUNOFF CONTROL MEASURE SEPTIC PROFILE EROSION & SEDIMENT CONTROL DETAILS NO SCALE (N.T.S.) ZBA Z Lu W V O V F— U Q O F- z 0 a cn RIM PoRo 72x96 z M „ I -- ---- -- ISAMMM ~ wwgk*m seat ° widow seatiiat✓day"d O I I I I I I � wrKfow r r cl a y I I I I I I --J BATH I I I I I I I I ❑ II I I I I I I I i I HOME GYM II I I I I I I I LIVING ROOM II I I I I I I I 1 I WORK AREA II FAMILY BE1?ROOPWO I I I I I I 1 1 II M 15'x 191 1I �� 141-6"x 15' I I I I FAMILY I I I I I ITCHEN 10 MECHANICAL II II I I I CR ROOM 0 ROOM 11 II I I I ��x 181 I I I II II�„ BEDF200M I I I I I I I I I I I II II A,x 15.12' I I I I I b!'Pa••n9 glair doom iknflar to oxtorlor deco I HALL Wig I I I I i i 1 II GL05ET ° II II it II wti. II 5ATH BATH --- II II II II _- - _ a I — — — _ _ — GUEDIL'7 i�TORAGC I I W otS Z• STAIR HALL fd. I -"P.doov II Q o OPS^bilow� I r . M II ' II I I � ENTRY HALL I I I °� 11 ---- -- ---- — v &LEST ----1 i , J o Y Q BEDROOM qi II M�R ----�------ DN GL RE CRIZATION ROOM I I F- m q s' J•II 1S-1n x14-Ing 0 O o M II ii ii ° i i i(DININ&:R:00� W � Q LANDING BAS I I II BATH 1 j W• anLu i a -- drill iYrhMg bulk-In II ° ° c G Lo • N V I F I L ------------------ 's✓:. - Q r• V ---- L--------------r---- I I I i I I (n ca. I FRONT S.OVERED PORCH 5101RAO rn r- LJ LJ I / r,i r-i rl r-I --- -- — -- - ------------------------ LJ LJ LJ LJ , ----------------- FIRST F PLAN. L----- SEC® ® FLOOR PLAIN' SCALE: 1/8"=1'-0" BASEMENT PLAN �� SCALE: 1/8"= 1'-0" lit FLR.. 2,188 of SCALE: 118"=1'-0" up 2d FIA IAM K Fh.Bsmt.. 6'10 K TOTAL 4,708 if ON FINISHED 9d1ARE FOOTAGE- •128 9F tp PROJECT NO: 1605 DRAWN BY: TCS ECKE15 BY: i7 E: 9/1116 1/811 = 1' - 0" SHEET TITLE: RE�CIVE� PLANS SEP � �p16 ZONING app°t2'D 05 ApPEA4.5 SHEET NO: REGULATORY APPROVALS Z n W D C7 OF rT_H1 IMT O V V Q O /__��" -- — --------------------------------------------- SEGOIJD PLR SEGOND FLR — — -- — — — -- i '— -- — — — — ---- — Jam— — — O 441 OW34410 M10. iWlW meae� FIRST FLOOR FIRST'FLOM ♦Q^ V/ UL Q Z EAST ELEVATION Lo N SCALE: 1/8"=V-0" M --------=------------------------------------------------------------------- r. ORTH ELEVATION SCALE: 1/8"=V-0" �S Z � Q• � ~ M O1 � r � J �• W _j- H Z W Q Z W• w 17 2 Q W• cm N x rdi U QF..• Uto JUJ m nrle4z me4z ----- --------------------------- --------------------------- ------ ------------------------- -- -------------- - -- - -------9Ft ----- I m nr3oerTW246P m 1W3osr M40V 441 441 441 441 441 \Vi\1 TW240V 7N3DW 71124e7- O FIRST PLOOR FIRST FLOOR ISI ILII ®®i®® PROJECT NO: E 1605 El Im in BRAWN BY: EHEMB 197 TCS -------------------------------------------------- vJ SOUTH ELEVATION WEST „ELEVATION : 9/1/16 -0 SCALE: 1/8"=1'-0" MALE: mm� 1/811 = 1' - 0" SHEET TITLE: FtECEIUEC ELEVATIONS by pAID O� ApPEA1a` xc SHEET NO: REGULATORY APPROVALS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson h0��� SDUTyIO 53095 Main Road• P.O.Box 1179 � Q Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �Q �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'�UNT`I,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 December 19,2016 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal No. 7003,Abrams SCTM No. 1000-118-4-1 Dear Applicant; Transmitted for your records is a copy of the Board's December 15, 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. Sincer ly, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 7003 Ll_/ /,ems E SEC 111 �\` / L �•• LINE V11,to d� 19 BA(c) _ tzm -- 13A(c) S TOWN OF O OLD 8 10 -183 pall aO q 1 e fAs \ 1 7A(c} `d2A(e) fl ® e' bbl 4 5 °xn4 _ _- 7 5 9 2 4A(c) ,P 1 2A(c) as ,� 181 `^o j x'O' ry•YPLon Z, g® �T '¢ jrJ r \ �Bm 60A(c) ,,. 4A(c) ,., M1' 11 ce R, vm, xss 'SN 11 yw 6 � zn 1• Lagoon j • °�O 9ro o a 1240, \ (D ,A •\ Jy u l y�j� I � 'h � � �1P1c1 l\ 1 i 2q \ p 9 F/ .,9 Fp04/6 '•qac o \ as 90 a •\ 74 B,J 70 ^^�•�� �� NOTICE �sain`�� COUNTY OF SUFFOLK C K -- ——'—— "TE"""`E'""E Real Property Tax Service Agency v „8 77. _ _ - - tom n1Y,Conxcr RlvorM1mtl;N Yxa90t