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HomeMy WebLinkAbout7001 1 a r - CHEC BOXES AS COMPLETED ( ) Tape, this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for prio (a o Q cD °. -C ( ) Assign next number on 1 3 M ° 0 outside of file folder y ( ) Date stamp entire origin ° .. file number m -nmcn <n -a o ( ) Hole punch entire origin x o c o v v r, N M. in (before sending to T.C.) = o w o v -� � � � < c ( ) Create new index card 0 Q�, w 2. o ( ') CD Print contact info &tape o Cn -4 -< X ° X rn ' 0 rn Q ( ) Prepare transmittal to Tc (D0.) .p -, W w �. ( ) Send original application 3 �`' w to Town Cferk 0 G ( ) Note inside file folder w/, v and tape to inside of fold( 0 0 ( ) Copy County Tax Map; hil 3 Neighbors and AG lots -n [ ) Make 7 copies and put wi ° ( ) Do mailing label 0 0 Xp/- e c r { ltd�S i� /t > P C>/ t8 /o'' AQ A-, ,e?)40r31 S&07-AaLA 3 7oo/ - -I5'/A ,CSS 1 SSD - I�L�c o/,oma !t�P-P sg-r, Gk5- a �3a ,4- 1 SALX0/-7" e,-�-P off North Bayview Rd. 1 Southold, NY__-� 3 Znsuff.wearyardBsetbacckPsJcu'// FILED: 8-/_21/84- Granted as applied 10/25/84 , � fir,,, ,S'u,`'`�j J%fes/CCS 4/e7-/C v /(q 67 /Ou 1�77 Zee, - /3�u E SJ?fj2 c.✓41 �2r df So y-r7+a�-D - - ---------- 7-7 7 C.d�S i fc'ltcT ®LUL--�G.•✓6 L/i/T/f //vSILFF/c�t:� C,��i✓Tc v �i�'%f/S5/e 2! %6 CraNS-r2'ucT �w�ZL a BOARD MEMBERS (/� Southold Town Hall �" QF $® Leslie Kanes Weisman,Chairperson yp53095 Main Road•P.O.Box 1179 �® Southold,NY 11971-0959 Eric Dantesic Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning Cl ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyc®USouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD REC LVED Tel.(631)765-1809•Fax(631)765-9064 Q 2 9-,/a 2011 gm JAN 1 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 5,2017 So n"old Town Clerk ZBA FILE: 7001 NAME OF APPLICANT: Philip J. and Barbara A. Wasilausky PROPERTY LOCATION: 105 Private Road 431 (aka 575 Goose Creek Lane), Southold SCTM#1000-77-03-25 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 October 25, 2016, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD OFFICE OF THE ENGINEER. This application was referred for review to the Office of the Engineer Town of Southold. In the department's response dated November 22, 2016, it was recommended that the proposed additions will require drainage to contain stormwater generated from any increase or re-surfacing of roofing materials or other new impervious surfaces, but it was suggested that drainage review will be coordinated through the building department when permits are requested. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 14,490 square feet parcel in a R-40 Zoning District and has three front yards. The parcel's architectural front yard to the east, along Private Road #31, aka Goose Creek Lane, measures 9 6.5 3 feet; it fronts a 30 foot wide Right of Way to the north measuring 149.00 feet and a 20 foot wide Right of Way to the west measuring 98.08 feet. The property adjoins a residential parcel along the southerly property line measuring 148.84 feet and is improved with a one(1) story frame house, an attached garage and an in-ground swimming pool, as shown on the survey prepared by John T. Metzger, L.S., dated December 21, 2000 and last revised August 4,2016(Lot Coverage). BASIS OF APPLICATION: Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's July 18, 2016, Amended August 18, 2016 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed additions and alterations less than the code required front yard minimum setback of 35 feet, 2) proposed additions more than the code permitted maximum lot coverage of 20%: 105 Private Road (AKA 575 Goose Creek Lane), Southold, NY. SCTM#1000-77-3-25. Page 2,January 5, 2017 #7001, Wasilausky SUM No. 1000-77-3-25 RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to the existing single family dwelling(for a proposed attached garage)that will require a30.2 feet and 25.8 feet front yard setback relief for two front yards, where the code requires a minimum of 35 feet, and total lot coverage of 24.2%where the code permits a maximum of 20 % as shown on the survey prepared by John T. Metzger, L.S., dated December 21, 2000 and last revised August 4, 2016 (Lot Coverage). AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the Town Code. The applicant, on December, submitted a plan decreasing the proposed lot coverage to 23.8%, and eliminating the need for a front yard setback variance to the 20 foot wide Right of Way to the west, bringing the plan into more conformity with the codes with respect to the original request for 24.2% total lot coverage and a proposed front yard setback of 30.2 feet. ADDITIONAL INFORMATION: The subject parcel was granted 22% lot coverage relief under Appeal # 4477, dated May 19, 1997. The current survey, dated August 4, 2016, depicts existing lot coverage as 22.4%. Furthermore, prior yard relief was granted in September 20, 1979, (42627) and in August 20, 1984 (#3282). The proposed attached 270 sq. ft. garage is partially as built construction. At the hearing the Board asked the applicant's attorney/agent to submit information documenting excessive lot coverage on other properties in the area and to consider reducing the size of the proposed attached garage to bring the lot coverage into more conformity with the code. The Board received the information requested on December 8, 2016 and two letters of support from neighbors. The applicant submitted a revised survey, dated December 12, 2016, prepared by John T. Metzger, L.S. depicting a proposed garage reduced in size (208 sq. ft.), and total lot coverage reduced to 23.8%. The applicant submitted a list of 4 variances granted, for lot coverage greater than 20% as evidence that may mitigate the substantiality of the requested proposed and amended lot coverage. Below is an analysis by the Board of the submitted variances. Appeal #5816 for 950 Waterview Dr, Southold in 2006 was granted a lot coverage variance of 23.3%. This parcel is approximately 1/3 of a mile away from the subject parcel and to use it as a comparison of what exists in the subject parcel's neighborhood is not justified because of the large distance between them. Appeal#6765 for 1380 Waterview Dr., Southold in 2014 was granted a lot coverage variance of 21.7%. This parcel is also approximately 1/3 of a mile away from the subject parcel and to use it as a comparison of what exists in the subject parcel's neighborhood is not justified because of the large distance between them. Furthermore, the variance granted in this Appeal#6765 is less than what the subject parcel was previously granted in Appeal #4477 for 22% lot coverage. Appeal #6475 for 50 Oak Ave., Southold in 2011 was granted a lot coverage variance of 22.5%. This is a waterfront parcel having 10,792 square feet, thus being approximately 74% the size of the subject parcel, and a proximately 1/4 of a mile away from the subject parcel and to use it as a comparison of what exists in the subject parcel's neighborhood is not justified because the subject parcel is not waterfront, 25% larger and there is a large distance between them. Furthermore, the variance granted in this Appeal#6475 is only 0.1% greater than what the subject parcel's existing lot coverage is, at 22.4%. Appeal #6721 for 1050 Oak Ave., Southold in 2014 was granted a lot coverage variance of 22.4%. This is a waterfront parcel having 8,400 squard feet, thus being approximately 58% the size of the subject parcel, and approximately 1/4 of a mile away from the subject parcel and to use it as a comparison of what exists in the subject parcel's neighborhood is not justified because the subject parcel is not waterfront, 42% larger and there is a large distance between them. Furthermore, the lot coverage variance of 22.4% granted in this Appeal#6475 is the same as the subject parcel's existing lot coverage, at 22.4%. Page 3,January 5, 2017 #7001, Wasilausky SUM No. 1000-77-3-25 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 variances for a front yard setback of 30.2 feet and 25.8 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed 30.2 foot front yard setback will be to an approximate 100 square foot one story addition in the rear of the dwelling and will not be noticeable from the Private Road and will be over 200 feet from the dwelling to the adjoining parcel to the rear(west). The existing dwelling is at a 25.8 feet front yard setback to the northern property line(30 foot wide ROW)which can be considered an architectural side yard and in character of this neighborhood. Grant of the variance for 23.8% lot coverage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Excessive lot coverage is not a characteristic of this neighborhood and the granting of such will create an undesirable precedent. 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 attempt to purchase the lands of the right of ways to the north and west either in whole or in part so as to increase setbacks and the parcel's-square footage. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 30.2 feet front yard setback is mathematically substantial, representing 14%relief from the code. However, the proposed 30.2 feet front yard setback will be to an approximate 100 square foot one story addition attached to the dwelling and will not be noticeable from the Private Road and will be over 200 feet from the dwelling to the adjoining parcel to the west. The variance granted herein for a 25.4 feet front yard setback is mathematically substantial, representing 29% relief from the code. However, the existing dwelling is at a 25 foot front yard setback to the northern property line (30 foot wide right of way) which can be considered an architectural side yard. The variance requested herein for 23.8% lot coverage is mathematically substantial,representing 19%relief from the code. 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 _§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief IS NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried,to DENY as applied for, Page 4,January 5, 2017 #7001, Wasilausky SUM No. 1000-77-3-25 Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Goehringer. (Members Horning and Dantes notpresent) This Resolution was duly adopted(3-0). Leslie Kanes Weisman, Chairperson Approved for filing / �� /201;7 `Z 1 PATRICIA C. MOORE RECENED Attorney at Law 51020 Main Road DEC A 4 2016 Southold,New York 11971 Tel:(631)765-4330 BONING BOARD OF APPAAO Fax: (631)765-4643 December 14, 2016 Town of Southold Zoning Board of Appeals Att : Leslie Weisman By hand RE: WASILAUSKY- APPEAL # 7001 PROPERTY ADDRESS: 105 PRIVATE ROAD (Goose Creek Lane) SOUTHOLD, NY 11971 SCTM: 1000-77-3-25 Dear Board: Supplementing my December 81h letter to you, enclosed please find the following: 1. Revised survey by Peconic Surveyors last dated December 12, 2016, which shows total lot coverage to be 23.5% 2 . Letter from Robert & Madaline Wendell (s ctm: 1000-78-8-12) Thank you for your consideration of the additional information. Very truly yours, Patricia C. Moore PCM/bp Encls . - 1 In 1, pOODFiV SURVEY OF PROPERTY X14 AT BA YVIEW prpE S �2°25,3�� R A F TOWN OF SO UTHOLD SUFFOLK COUNTY, NEW YORK 4 o A GyT OF! 1000-77-03-25 4/,q y SCALE. 1'-20' 0��2 7RINo J DEC. 21, 2000 s2 ti a, i\ -04/ Ny ti /o RR FEBUARY 8, 2016 APRIL 12, 2016 (PROP. GARAGE) 2 ti aj �� 14 0 �� 0AUGUST 4, 2016 (LOT COVERAGE) 9 9 � e / DECEMBER 12, 2016 (RENIS/ONS) O l9 ChAI Ile- LOT Pq RS~f� �Q�V rti m �� ^66 COVERAGE V 23,6, HOUSE & PO2Q AP o Deck e POOL = 676SQ.FT.`� T ar. ` Qe ry V 0) 3241.5/14490 = 22.47. PROPOSED GARAGE +208 SQ.FT. 3449.5/14490 = 23.87. - 1 \ Fe leo, ae Qe ti 24' O RAIN RUNOFF CONTAINMENT Fo X\ Its oA HOUSE, PORCH & PROP. GARAGE = 2773.5 SQ.FT. X\X t`2 f ''-r4.ryl N a 2773.5 x 1 x 0.17 = 471 CU.FT. IpE- "�,Ally IH cc wo n, 3 14, 471142.2 = 11.2 VF p C NC' I✓q �i h k F oD _ PROVIDE (2) DWs. 8'0 x 6' DEEP OR EQUAL AI✓OOD POSrq IT`'\, S �R AQ e F `�, j C j� J `t DI�1 p• �� 1 OC �IHDOy, . ��,` 'ti 1 4/ I✓OOD 04,y FGG l -_49\ y REC ISN \ C 14 2015 - X FE �/ GRAVF� DRlt eW4Y ? X9= Pf ZONING BOARD OF APPEAL OiF °3s _ �e��e�L 14884' I29S4jlm � Y4 't • = PIPE ��- ■ = MONUMENT NORTH BAYVIE�p 0�1 LAND N. Y.S LIC. NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION D PECONIC SURVEYORS, P.C. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISI11N 2. ALL CERTIFICATIONS f P.O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 1230 TRAVELER STREET DO-330 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR AREA=14,490 SF SOUTHOLD, N. Y 11971 WHOSE SIGNATURE APPEARS HEREON. y SURVEY OF PROPERTY p�grSfT �� AT BA YVIEW P1ef S 3o, F °R q TOWN OF SO UTHOLD 4.4 4 R SUFFOLK COUNTY, NEW YORK o' IGyr,, I OF Wq yr 1000-77-03=2 5 aW . s A ' SCALE.- 1'-20' 2� . 1 _ V DEC. 21, 2000iQ 4j FEBUARY 8, 2016 7c, 1 RR rrf c�RB APRIL 12, 2016 (PROP. GARAGE) a 1 AUGUST 4, 2016 (LOT COVERAGE) O foE FrpOG 1 .0 V v 0 40 grlGt�y,Y,c- 0 y. fRs''grrp 83' � � A66• t2p• X36, LOT COVERAGE O HOUSE & PORCH = 2565.5 SQ.FT. 105dfck POOL = 676 SQ.FT. °fib ti �vr p V h� 3241.5/14490 = 22.49 a PROPOSED GARAGE +270 SQ.FT. ti Qui 4 '� ' 01b Q 3511.5/14490 = 24.29 Q Q h Z i \ f oc leo• ae a� ti e4• V RAIN RUNOFF CONTAINMENT F HOUSE, PORCH & X`X\X oaf RfrgrNlh,G n, ~ a Q 2835.5 x 1 x 0.17 R0482 CU FT.P. GARAGE — 2835.5 SQ.FT. jOrPf qrN rhk wq<< �y w ry 3 482/42.2 = 11.4 VF K 40j. -'. p PROVIDE (2) DWs. 8'9C x 6' DEEP OR EQUAL N 44rrC f �R AiC • 3° - 01'Ip• ~"�, Fc �r"Dpi,, . \� � `�► 1✓ wpOD,Q f 04 �f<< �°� X93• (ij Nq�4 \ X Ff, GR4 Vf4 dRIVf�,gY X9_ 3 ' �0-0 �eHDFG 1¢884' 2sc RECEIVED AUG 2 4 2016 �' � � sF_ � � �`•, ZONING BOARD OF APPEALS _* " • = PIPE ■ = MONUMENT N ?'H pR BA y�rlE� R n N. YS, LIC. NO. 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION D�l/ VLMORS, P.C. OF SECTION 7209 OF THE NEV YORK STATE EDUCATION LAW, 66Sz-5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS P.O. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 1230 TRAVELER STREET 00_334 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR AREA=14,490 S.F. SOUTHOLD, N. Y 11971 WHOSE SIGNATURE APPEARS HEREON. EQ EQ l'-10 3/4" 191-6-1 °° io W oo (((`j) 0 CID 00 3A 8.. 3 na z r? °' O oPS uJ — J W } 6 1/4" t¢— Z_ O c`V 4 W U' 1-- - - Z Q W W 0— EXIST. 2 X 8 RFTRS, N Z oiS (n Z Q C/) O F- -(p 16O.C._, ,•- - .'' `' -. . .:•" - . . O :EXIST. ARi�GE _ D00 F- r2 � � a- 2 N 1, O' Z O Z (A A5 EX. HDR A5 5 O O O M EXIST. SKYLIGHTS (C N - , a U m U N CONC.STO P.. W .' ' - Z 36"HIGH RAL ' C7 �' EX. HDR �25"X 13.75'LVL _UP ' .o-. ` -- -- — 2 Z4X6WD. X Q POST POSTCD s W '2'-2'X 8 - i 20'-91/2" (� Z O iV OU � 1 I' LL Q 1- N 0 v O Q 1 wI + w A5 p`5 I ao ! 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WALL 0 5. m z o Y 4 - 311 — o ca o = m w o l-- � zY �- W Q w = O w GRADE F- _ ¢ -21 - 311 D o U a o RECEIVED SOUTH ELEVATION AUG 2 9: 2010 1 /4 1 '-O" "ZONING BOARD OF APPEALS MO k-0 -, a--- (-SOI SCOTT A. RUSSELL ®�® ���� JAMES A. RICHTER, R.A. �- SUPERVISOR MICHAEL M. COLLINS, P.E. y w._.:- - $� [` TOWNHALL - 53095 MAIN ROAD � � TOWN OF SOUTHOLD,NEW YORK 11971 + l(r Tel (631)-765—1560 ®� �� Fax. (631)-765—9015 MICHAEL COLLINSATOWN SOUTHOLD NY UStet, JAMIE RICHTE&@TOWN SOUTHOLD NY US RECEIVED k NOV 2 2 2016 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson November 22, 2016 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA Application#7001 SCTM #: 1000—77—03 -25 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property. Please consider the following: 1. The original Certificate of Occupancy for this residence was issued on 3/15/85. Therefore, this residence was constructed prior to the establishment of Chapter 236 for Stormwater Management. Several addition&alteration building permits along with subsequent C.O.'s were also issued prior to stormwater regulations. 2. The requested addition will require drainage to contain stormwater generated from any increase or re-surfacing of roofing materials or other new impervious surfaces. This drainage review will be coordinated through the building department when permits are requested. At that time the pool discharge will also be addressed. 3. 1 have discussed this location with the Highway Department and to the best of their knowledge; these private roads do not have any drainage issues that need to be corrected. If you have any additional questions or specific concerns related to this matter that I have not answered to your satisfaction please do not hesitate to contact my office. In erely, C 9 L mes A. Rich er, R.A. cc Michael Verity Principal Building Inspector f ki 16' Q .-� tA616 -70, °b �_%OUNTY OF SUFFOLK RECEIVED OCT 8 2 2016 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Acting Commissioner and Environment October 25, 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 He Number Wasilausky, Philip &Barbara #7001 Madigan,Richard & Scheherazade #7009 Branch, Elizabeth #7010 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 FORM NO. 3 RECEIVED AUG 2 4 2016 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: Mh�',J�8,-2016- RENEWED&AMEDED:Ju AMENDED:Attaust 19,2016., TO: Philip Wasilausky 105 Private Road#31 Southold,NY 11971 Please take notice that your application dated,�lay_12 201`6' To construct additions and alteratioris fanjijy,at Location of property: 165 PrivatbAoad,',.9oufli6ld, NY County Tax Map No. 1000 -Section 77 Block 3 Lots 25 Is returned herewith and disapproved on the following grounds: ant toArtic 6--XXlll,.Ser Residentialb ffteasud,fl)z,less,tliEiti_2OLOLO-o--_sq_qaie front yard-sctbqck is-3`S:feet-and maximum t��fli',ii�ive,tfojit-,yori,setba6ks d"�F;C'--36-fcei=d+/-25-feef, ,and a totallot coverage- of 24.2 percent. This Notice of Disapproval was renewed and amended on July 18,20 to address geln th"name of the owner/applicant,It was amended on August 18, 2016 to� .0ss nt coverage Cc:File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. \. I Fee:$ Filed By: Assignment No. 1-60 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No._105 Street_Private Road#31 (aka575 Goose Creek Lane) Hamlet_Southold_ SCTM 1000 Section-77 Block-3—Lot(s)_25 Lot Size-14,490—Zone—R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_August 18,2016_BASED ON SURVEY/SITE PLAN DATED August 4,2016 RECEIVED Owner(s):JPhilip J. & Barbara A.Wasilausky AUG 2 4 2016 Mailing Address: 575 Goose Creek Lane, Southold NY 11971 Telephone:_631-804-2675_Fax: Email: ZGNING BOARD OF APPEALS NOTE:In addition to the above,please complete below if application is signed by applicant's attorney, agent, architect,builder, contract vendee, etc. and name of person who agent represents: Name of Representative: PATRICIA C. MOORS for(x) Owner()Other: Address:_51020 Main Road, Southold NY 11971 Telephone: 631-764-4330_Fax: 631-765-4643_Email: ucmoorekmooreattys.com` Please check to specify who you wish correspondence to be mailed to, from the above names: ()Applicant/Owner(s), (X)Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED-8/4/2016– and DENIED AN APPLICATION DATED 8/18/16 FOR: (X) Building Permit () Certificate of Occupancy()Pre-Certificate of Occupancy () Change of Use () Permit for As-Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article:_XXIII Section:_280 Subsection:_240 Lot coverage for garage addition Rear Yard Setback(from paper right of way) Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ()A Variance due to lack of access required by New York Town Law- Section 280-A. ()Interpretation of the Town Code, Article Section () Reversal or Other A prior appeal (X)has, ()has not been made at any time with respect to this property, UNDER qj Appeal No(s)._4477_Year(s). 1997 . (Please be sure to research before completing this question or call our office for assistance) granted lot coverage for 504 sq.ft. addition(2%increase to lot coverage)AND G. McLean Appeal#2627 1979 280A&front and side&rear setbacks; Windsway Building Corp. 1984 (error during construction- appeal required) RECEIVED AUG 2 4 2016 Name of Owner: Philip Wasilausky ZBA File# Fee: $ Filed By: Assignment No. ZONING BOARD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to near by properties if granted, because: The existing garage is a car and %2 and the owner is moving to the properly full time. The owner and his wife have personal vehicles, as well as a vintage 1965 Triumph and 1948 wood boat(heritage) built by the owner's father when the owner was born. The Triumph and 1948 wood boat must be stored and protected. The setbacks of the garage addition are nonconforming due to the paper streets which are to the north and west of the property. The community has discussed extinguishing the right of ways, however, the logistics of having everyone that has rights over the right of way extinguishing the paper streets has never been completed. The Wright of way on the north is the gravel driveway for the owner. The Wright of way on the north has been used exclusively by the applicant and his predecessors in title as well as the neighbor who has located a play set within the right of way. There is no actual vehicular access for others over the Wright of way. As to the Wright of way,the owner and neighbors have not built a drive and have incorporated the 20' right of way into their rear yards. The property owners to the south have actually blocked the right of way with fences. The increased lot coverage for the garage addition was a surprise when they realized that the existing swimming pool and patio increased the lot coverage resulting in the need for a lot coverage variance. The swimming pool and patio were built several owners ago (Sirico) and the house, garage and pool appear on a ZBA appeal for lot coverage variance (Appeal#4477 dated 5/19/97). The variance granted in 1997 was for 2% over the 20%lot coverage. The Board approved an addition for 288 sq.ft.. The calculations in 1997 were based on a VanTuyl survey. The updated survey by Peconic Surveyors is more precise, making the existing conditions 22.4% (+.4%). The proposed garage addition is only 270 sq.ft. and requires another 1.8% increase in the lot coverage. The combined lot coverage is 4.2%which remains minimal for this 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: Garage: the setbacks of the proposed garage addition are maintained in line with the existing house. Due to the location of the adjacent right of ways, there are no alternatives to the application. A detached garage would require the same variance from a right of way. The lot coverage is affected because of the existing structures. The existing house and swimming pool were granted a variance from the lot coverage over 20%. 3. The amount of relief requested is not substantial because: Garage: The requested variances for setbacks are not substantial. To the north the existing 25.8' (side yard) setback is maintained. A 30.2' setback to the rear yard (20'right of way)provides a significant setback. A conforming setback would be 35'. Loss of 5'from the garage addition would eliminate needed storage space. As to the lot coverage,the house, and pool are existing. The garage addition can not be constructed without increasing the lot coverage. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There are no adverse environmental impacts of the proposed structures. The garage addition is attached to the house, is only 270 sq.ft. which is a very small addition. The appearance of the property with the paper 20'right of ways provide a visual buffer area. The 20'right of way is unimproved and remains wooded. Neighboring Homes have received variances: • Adjacent(77-3-24)Daniel West 120 Rivate Road#5223 11/14/02 variance for addition to existing dwelling. Affected by common right of ways on side (30'right of way) and on rear(20'right of way). • One house away: (77-3-21) Willott 360 Private Road appeal#54913-18-04 setback variances for additions. 5. Has the alleged difficulty been self-created? {X } Yes, or { } No Why: The variances are due to the request to add to the existing garage. The property is developed and the zoning code is in place. Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 11DO Signature of Applicant or Authorized Agent RECEIVED (Agent must submit written Authorization from Owner) AUG 2 4 2016 SKt before me this ',3 day CC ZONING BOARD OF APPEALS Notary Pub BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Counter , Commission Expires July 18, f . APPLICANT'S PROJECT DESCRIPTION APPLICANT: ;7 /��,/`jd�� DATE PREPARED: 1.For Demolition of Existing Building Areas 6 RECEIVED Please describe areas being removed: A/0ne, AUG 2 s 7nic H.New Construction Areas(New Dwelling or New Additions/Extensions): ZONING BOARD OF APPEALS Dimensions of first floor extension: * 9� Dimensions of new second floor: V Dimensions of floor above second level: /Io n-e Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and GeneralCharacteristicsBEFORE Altelations: �l/f2l��P TG'i'7L/.l1 GT//!/t��L�c //1� � Z �±LZY �AiYL�-9P 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: � - Proposed increase of building coverage: Square footage of your lot: dt K Percentage of coverage of your lot by building area: r 70 }Yj l a V.Purpose of New_Construction: rem V/n:1,74zP Oar avid g! 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): 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 r�l FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? AUG 2 4 2016 Yes __�( _No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? AD 2.)Are those areas shown on the survey submitted with this application? 61 3.)Is the property bulk headed between the wetlands area and the upland building area? ffl 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? /✓_Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A/22 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? /lo 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? If yes,please submit a copy of your building permit and survey as approved by the Bui ing Department and please describe: i - K rvs / G. Please attach all re-certificates of occupancy and certificates of occupancy for the P p Y p Y 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? Alo If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel f aol and the proposed use �lilZo„ (ex: existing singl famil ,proposed: same with garage,pool or other) Au orized 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. n ,,,/ 1. Name of Applicant: f 1 ,06 4� iAG� l��• Q S t l a vale/ 2. Address of Applicant: 9C o / 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: -,.-,,v"C&?I fQv-ce, 6. Location of Property: (road and Tax map number) 67� C�e— 4,I�Le !!�06aoo o( 7. Is the parcel within 500 feet of a farm operation? { } Yes { }No 8. Is this parcel actively farmed? { ) Yes {vrNo 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS DOI RECEIVED - AUG 4 2016 - - 1. 2• ZONING -BOARD 0F.A.PPEALS 3. 4. 5. 6. (Please use f this page if there are additional property owners) Sign re of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Comnletin Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. RECEIVED yr Part 1-Project and Sponsor Information AUG 2 4 20166 Name of Actioryor Project: ZONING BOARD OF APPEALS �2t1 Gt (!�a , QG�IzC'r� Project-Location(describe,and attach a location map): Brief Description of Proposed Action: '270 51 Name of Applicant or Sponsor: �� Telephone: 's�.°� �3z�r 7� N4 L-/[10 `� &d'KW--'t I�UGi•S/�E U'S�4�/ E-Mail: Address: 6Ge6e City/PO: s©t,1i)o /' State: Zip Code: /**--( /i f 7/ 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO I YES administrative rule,or regulation? / If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? •DO i acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? a Z.S acres 4. Check all land uses thq;Voccur on,adjoining and near the proposed action. ❑Urban NRural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 Oroj 5. Is the proposed action, RECEI :- NO YE N/A a.A permitted use under the zoning regulations? AUG % 42016 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? b�A c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? / NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES 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? I -� 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 03 Suburban ❑Early mid-successional [I Wetland ❑Urban 03 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, !! a.Will storm water discharges flow to adjacent properties? M'NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and�£orm drains)? If Yes,briefly describe: ❑NO ITYES 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: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? ` If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/nam /�G ✓t�� �� Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed No,or Moderate -small to large BOARD,OF,APPEQLS` impact impact ZONING; 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. � 0-0 ftEOBIVED NUG % 4M6 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 r� •- AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. // /� 'A YOUR NAME: M1 /` yV/h J_ a-51 /G U 5h_' (Last name,first nfime,middle initial,unless you are applying id 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) �D Tax grievance Building Permit Variance x 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 C 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 corpora REMED C)an officer,director,partner,or employee of the applicant;or D)the actual applicant /,�D l AUG 4 2016 DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this- day o 20-14c� Signature IIA,�// Print Name /�` ���r��//5�y ¢ � � �e Wak, - L �i(/�YtCt Gt C�-T 7L� fl � Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits*including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. p� RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION " -AUG 2 4 2016 SCTM#1000-77-3-25 (Wasilauslcyl AGENT: Patricia C.Moore ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees Zoning Board of Appeals X- 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: ❑ Type: _ Town of Southold LW" Consistency Assessment Form 1 Nature and extent of action: addition to existing,garage Location of action: 575 Goose Creek Lane, Southold Site acreage: 14,490 sq.ft. Present land use: house, porch and in-ground pool 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: Philip J. Wasilausky and Barbara Wasilausky I�1 RECEIVED (b)Mailing address: 575 Goose Creek Lane, Southold AUG 2 4 2096 (c)Telephone number: (631 ) 261-4065 ZONING BOARD OF APPEALS (d)Application number, if any: _ Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No X If yes,which state or federal agency: _ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies, Page 2 for evaluation criteria. Yes X No ❑ Not Applicable X Discussion(if appropriate)A variance which is not adjacent to water bodies is considered an "exempt"action. The proposed increase of the lot coverage and setback variances from paper right of ways does not affect open space or coastal locations. 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 X Discussion(if appropriate): Existingdeveloped property 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 Town of Southold LWRP Consistency Assessment Form 2 Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): modification does not change visual qualfty or sce —�rCEIVEDVEI resources NATURAL COAST POLICIES AUG 2 4 200 ZONING BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes No ❑ Not Applicable X Discussion (if appropriate): not in flood zone and no impact on flooding of natural resources 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 Yes ❑ No ❑ Not Applicable X Discussion(if appropriate): _Garage addition Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-- Policies; II-Policies;Pages 22 through 32 for evaluation criteria. Yes No ❑ Not Applicable X Discussion(if appropriate): not waterfront Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages, 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill-Policies;Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ PUBLIC COAST POLICIES Town of Southold LWRP Consistency Assessment Form 3 Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38 through 46 for evaluation criteria. I RECEIVED Yes ❑ No ❑ Not Applicable X l DISCUSSIOn(if appropriate): _ AUG 2 4 2016 WORKING COAST POLICIES ZONING BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies,Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate):_ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies,Pages 57 through 62 for evaluation criteria. Yes No ❑ Not Applicable X Discussion (if appropriate): _ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies;Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X DISCUSSion(if appropriate): not agricultural use Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies;Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X DISCUSSion(if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) I, PHILIP J. Wasilausky and Barbara Wasilausky, residing at 575 Goose Creek Lane. Southold (Prot Rd#M do hereby authorize my attorney, Patricia C. Moore,to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals owner's sign a RECEIVED • � AUG 242016 o er's signature ZONING BOARD OF APPEALS FORM N0.4 TOWN OF SOUTHOLD �( RECEIVED BUILDING DEPARTMENT Office of the Building Inspector AUG 2 4 2016 Town Hall Southold,N.Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. . .Z13263. . . . . . . . Date . . . . . . March. . . .15. . . . . . I . . . . . . 19 85 THIS CERTIFIES that the building . . . NewDwell ing . . . . . . . . . . . . . . . . . . . . . . . . Goose Creek Lane Location of Property . 1 . 5 . . . . . , , , . , , _Pvt. Rd. #1. . . . . . . . . . . . . . . Southold„ ?96House No. Street �%lamlei County Tax Map No. 1000 Section . . 077 . . . . . .Black . . . 03 ,, , , . . . . .Lot . . , 025, _ , _ . . . . . Subdivision . . . . . . . . . X. . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Aug;, , , , , 6, , , , , , , , 19 .$4pursuant to which Building Permit No. . . A 3 518.Z . . , , . . . dated . , . . , ,Nov., , , , , ,7 , , , , , , , , , , , 19 .$4,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 . . . . . . .. . New Private One Family, Dwelling. . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . . WINDSWAY BUILDING CORP . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . 9,;S9-84 , , , , , , , , , , , , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . RA44n9, , , , , , , , , , , , , , , , , , , ,, � �- Building Inspector Rev.1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall AUG 2 4 2016 Southold, N.Y. ZZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No 218707 Date JANUARY 16, 1990 THIS CERTIFIES that the building POOL AND FENCE Location of Property 575 GOOSE CREEK LANE-PVT. RD. 1A SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 077 Block 003 Lot 025 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 15, 1986 pursuant to which Building Permit No. 151402 dated- JULY 28_, 1986 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 INGROUND POOL AND FENCE, PERMIT AMENDED TO INCLUDE DECK AROUND POOL. The certificate is issued to KEVIN & VERONICA GRATTAN (owner, . ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N775016 OCT. 179 1986 PLUMBERS CERTIFICATION DATED N/A Bui ding Inspector Rev. 1/81, FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector AUG 2016 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No 219833 Date APRIL 4, 1991 THIS CERTIFIES that the building ADDITION Location of Property 575 GOOSE CREEK LANE SOUTHOLD House No. Street Hamlet County Tax Map No. 1000 Section 077 Block 03 Lot 025 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOV. 27, _1990 pursuant to which Building Permit No. 195472 datedNOV. 29, 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 ADDITION TO EXISTING ONE FAMILY DWELLING. The certificate is issued to ROBERT & SUSAN PADUANO (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N179798 MARCH 22, 1991 PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD �� BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall AUG 206 Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-23850 Date SEPTEMBER 5, 1995 THIS CERTIFIES that the building ALTERATION Location of Property 105 PRIVATE RD. #31 SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 77 Block 3 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 15, 1995 pursuant to which Building Permit No. 22975—Z dated AUGUST 29, 1995 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 ENLARGE OPENING ON EXISTING GARAGE AS APPLIED FOR. The certificate is issued to ROBERT & SUSAN PADUANO (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspe or Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD L /�� ) BUILDING DEPARTMENT /.,{�,�`j ` ` Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. AUG 2 4 2016 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No Z-24903 Date FEBRUARY 13, 1997 THIS CERTIFIES that the building ADDITION Location of Property 105 PRIVATE ROAD #31 SOUTHOLD, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 77 Block 3 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 17, 1995 pursuant to which Building Permit No. 23085-Z dated FEBRUARY 13, 1997 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 COVERED PORCH ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ARTIE & CAROL SIRICO (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-049528 - APRIL 12, 1996 PLUMBERS CERTIFICATION DATED N/A 9 Bu Ading Inspector Rev. 1/81 r _ i FORM NO. 4 0-0 RECEIVED RECEIVED TOWN OF SOUTHOLD AUG 2 4 2016 BUILDING DEPARTMENT Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27318 Date: 09/27/00 THIS CSRTIFIBS that the building ADDITION Location of Property: 105 PRIVATE RD #31 SOUTHOLD (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 77 Block 3 Lot 25 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 26, 1997 pursuant to which Building Permit No. 24186-2 dated ,TUNE 13, 1997 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR & AS PER ZBA #4477. The certificate is issued to ARTIE & CAROL SIRICO (OWNER) of the aforesaid building. SUFFOLK COUBTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. H-060057 05/29/88 PLUMBERS C,BRTIFICATION DATED N/A Authorized Signature Rev. 1/81 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT y� = TOWN CLERK'S OFFICE AUG 2 4 2016 o . SOUTHOLD, NY ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 40530 Date: 3/16/2016 Permission is hereby granted to: Wasilausky, Philip 26 Little Neck Rd Centerport, NY 11721 To: alter interior(to include new windows and doors) of the existing single-family dwelling as applied for. At premises located at: 105 Private Rd #31, Southold SCTM # 473889 Sec/Block/Lot# 77.-3-25 Pursuant to application dated 2/17/2016 and approved by the Building Inspector. To expire on 9/15/2017. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $200.00 CO -ALTERATION TO DWELLING $50.00 Total: $250.00 Bu g Inspector APPEALS BOARD ViEM11ERS ct1fF0�,� Southold' Gerard P.Goehringer,Chairman ����0 l'OGy�► 53095 Main Hall Road Serge Doyen o = P.O.Box 1179 cc James Dinizio,Jr. Southold,New York 11971 • `F Fax(516)765-1823 Lydia 01 �aTelephone(516)765-1809 Maureen C. Ostermann �tECEI�tFr BOARD OF APPEALS *OV. I TOWN OF S OUTHOLD AUG 2 4 Z U 1 b ZONING BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR MEETING OF MAY 19, 1997 Appl. No. 4477 - ARTIE and CAROL SIRICO PARCEL 1000-77-3-25 STREET & LOCALITY: 105 Private Road #31, Southold. DATE OF PUBLIC BEARING: May 19, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in a Residential Zone District, being situate on the easterly side of a private right-of-way (Private Road #31, Goose Creek Lane). This lot contains a total area of 14,489 sq. ft. as depicted on the survey map prepared by Roderick VanTuyl, P.C. with a revision date of November 7, 1983. The lot is improved with a frame dwelling with existing open deck, porch, swimmingpool, and garage. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated April 17, 1997, which reads as follows: under Article Section 100-244B for permission to remove an existing deck, and replace with an addition, which will exceed the 20 percent lot coverage limitation. AREA VARIANCE. RELIEF REQUESTED BY APPLICANT: To locate 14 ft. by 36 ft. addition, and with removal of 384 sq. ft. of the existing deck, will bring the total lot coverage from 3066 sq. ft. to 3186 sq. ft. (applicant's calculations provided). The percentage as compared to a lot size of 14,489 sq. ft. is approximately 22 percent. (Other code provisions are shown to be in conformity, with no setback encroachments are requested.) REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because addition will be to the rear of the existing house and will not impact on the abutting properties. The property is landscaped for privacy. (2) The benefit sought by the applicant cannot be achieved by some method, feasible or practical for applicant to pursue, other than to remove the 384 sq. ft. deck and replace it with a 504 sq. ft. addition to achieve the optimum space sought. Also the architectural style of the house precludes other alternatives; Page 2 - Mdy 19, 1997 RECEIVED Re: 1000-77-3-25 (Sirico) /Y I AUG 2 4 2016 Southold Town Board of Appeals ZONING BOARD OF APPEALS (3) The requested area variance is not substantial because the new lot coverage is 22 percent, exceeding the maximum lot coverage of 20% by 288 sq. ft. (2% over); (4) The proposed variance will not have an adverse effect or impact on the physical or environmental _conditions in the neighborhood or district because it is within an enclosed landscaped area and not substantially in view of neighboring houses, which are of various architectural styles. (5) The situation has not been self-created because applicant determined the additional space requested would accommodate the family's desire for more living space within,the residence. (6) This action is the minimum that the' Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Ostermann, seconded by Member Tortora, it was RESOLVED, to GRANT the relief, as requested. OTE OF THE BOARD: AYES: MEMBERS DINIZIO, TORTORA, OSTERMANN, and GOEHRINGER. (Absent was: Member Doyen of Fishers Island.) Actions.97/77-3-25 RECEIVED AND FILED BY Tl:—E SOUTI-IOLD TO-Wil CLERK Dim S�a�/97 FiOliIi i Town Mirk, i cy,-n i `'out`_ald CWN OF SOUTH*OLD, NEW YORKa ~ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. a G a 7 DATE ........ TO THE ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD, N. Y. 1, (We) Gertrude C. McLean (Nb Number ) Blue Marlin Drive ............................ ..............................of ............................................................................ Name of Appellant Street and Number SoutholdNew toric . ...............................................................I............................. ........................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Gertrude C. McLean .,..... . ... ... ...... ...... Name of Applicant for permit of (No Number) Blue Marlin Drive Southold New cork .................................................................................................................................. Street and Number Municipality State (X) PERMIT TO USE ( • ) PERMIT FOR OCCUPANCY ( X) New 2ork Town Law §280A 1. LOCATION OF THE PROPERTY ....Private Koad, Southold, New 2ork 1000-077-003-025 .............................................................................. Street Use District on Zoning Map ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) New fork Town Law §280A (access); Southold Town Code (zoning) §100-31 front and MXIside yards; Southold Town Code (zoning) §§100-30, et seq ' 3. TYPE OF APPEAL Appeal is made herewith for I ( X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( X) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ......................................................RECOV.Iv(3 None i REASON FOR APPEAL AUG 2 4 2016 ( 7Q A Variance to Section 280A Subsection 3 ( A Variance to the Zoning Ordinance ZONING BOARD OF APPEALS 1 ( ) is requested for the reason that nrm zB1 ntinue on other side) d.+Y,�r.i b LIMA�1111M REASON FOR APPEAL O Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because (a) this is a pre-existing non-conforming lot created prior to zoning see Liber 2970 page 578 and Liber 6Q02 page 526; .(b) the lot has a private road on two {2) ,sides; (c) the lbt is a corner lot; (d) additional property is unavailable; (e) as a corner lot two (2) front yards may be.necessary; (f) proper positioning of •a home aesthetically placing dictates granting the variance. ems!" _1 V l RECEIVED AUG 242016 ZONING BOARD OF APPEALS 2. The hardship created is UNIQUE and is not shared by all properties alike in the iminediate vicinity of this property and in this use district because (a) all of the lots to the northwest and south are non-conforming pre-existing former lots; (b) the neighborhood is existing and will not change. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because • (a) all of the lots to the northwest and south are non-conforming pre-existing former lots; (b) the neighborhood is existing and will not change. I STATE OF NEW YORK COUNTY OF SUFFOLK ss .11 Signature . .. ... . . ��jjnn GERTRUDE C. MCLEAN Sworn to this ..........4:.v.......................... day of.........September............................ 19 79 i Pi��c.��� ......... MtMtr twvthA� � yJFf Otk SoutholO Town-Boo*rd of,Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 "V! ��• TELEPHONE(516)765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.- 3282 Application• Dated August 20, 1984 (Public Hearing OcUlaWN, 1984) TO: Mr. .Robert.W..Wendell, •President [Appellant(s)) WindgWd *Bdilding Coep., AUG 2 4 2016 / 1620 len- Roadl/ ,Southold, NY11971 , ZONING BOARD OF APPS At a Meeting of the Zoning Board of Appeals held on 'Octobdr '25; 1984, the above appeal was considered, and the action indica-E-e-d-peiLow.wau.EaKen on your [ 1 Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , Section [XI Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ 1 . .Request for . Upon application of 'WINDSWAY BUILDING CORP., Glen Road, Southold; NY for a Variance to the Zoning . r -lnance, rice II,_ Section 100=31 far approval of an insufficient rearyard setback of�a new one-family dwelling located along:Private' Road #1 off .the North Side of NorthBayview Road, , So0thdldX_.NY;'_.County.'Tax-Map'Parcel.'.N6..'.1.000=077=03-25._ '.'.".".' The board made the following findings and determination: This is an appeal from Article_ III,. Section 100=31 , Bulk Schedule of the Zoning Code. which_ requires a mihimum rearyard setback for a ' one-family dwelling structure to be not less than 35 feet. Applicant has requested •approval of •the construction of the dwelling with-an insufficient rearyard setback at 15,feet. The parcel-..in question fronts along three private rights-of-way and technically has three front'•-yards. The westerly frontyard setback is approximately 47 feet; the northerly frontyard setback is 24 feet and the easterly frontyard setback is 50±. The parcel is of a size 149± by 97± feet, with a total area of .14,489 sq, ft. as shown on survey dated'August. 29, 1979. During. 1979, an application was made requesting an insufficient frontyard setback at 24 feet and an insufficient setback .from'_the. southerly property line ,at 24 feet, and. hpproval of access, which was conditionally_ approved on October 1.1 1" - 1979, under Appeal No. 2627 (filed under Gertrude C. McLean). Some time subsequent to the earlier appeal, the applicant was authorized to start construction and at the time of the foundation inspection, it was found the rearyard setback is less than that originally granted. by the Board of Appeals. . The board agrees .O.th the reasoning of the applicant that the premises is of.unique character and 'that the relief as requested is not unreasonable under the circumstances. In considering this appeal, the board determines: (a) that (CONTINUED ON 'PAGE -TWO) DATED: November 1•, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) - c .Page 2 —Appeal No. 3282 Matter of Windsway 'Buildin 'Corp. Decision Rendered c o er 25, 1984 the 'relief as approved is not substantial ; (b) by, allowing the relief,, no substantial detriment to adjoining properties would be created; (c) that no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will. be in harmony. with and promote theSeneral purposes of zoning; (e) the circumstances are unique; (f that the interests of justice will best be served by allowing the variance, as applied and noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESLVED, that the relief requested under Appeal No. 3282 in the matter' of ,the application of WINDSWAY BUIL'DING 'CORP. for approval of an i*nsuff client setback of 15 feet from the southerly property line, BE AND 'HEREBY IS APPROVED AS 'APPLIED. Location of Property: Private Road No. 1 off the North Side of North Bayview Road, Southold, NY; County Tax Map Parcel No. 1000- 077-03-025. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, and Sawicki., Member Douglass was absent (due to illness). This resolution wasadopted by unanimous vote of the members present. 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"'Ci - :r �tdrr., � `�� 1 1 !.". •.,h 7}x:1. ,.. } t � 17 Jr. Y T: � ,, 35� -+_ 1111 a T T I T U C I( - _ kA � c� "_.,Warr ��J�.A/�/lYl/,% J`'A f.�j,�J�J//�/ ! ///,j11/', •4 , 'i:� `-'�-- ¢ _. _ , ,fie. ,� - q 1 s ,�. �� ���• � 'fit ,� is ��',:����.�.�,� � > ••�� � L �;�;;++ r. y 7 ZVI ' EEE ; WMA _ti, � ?G +�����^y;7��� `�"', �y� /. - .. e � 4, �• F �'.�_' .r , �•, i .fit�/ .' tt�,.y�y�` -_ Vii.'-��'�� „�n`-' •^�" �^..ti: �-_ x � c i � .10 w �,":ktiy+.J+�:i.` •'. �,. � IVES` Az is4�`�- p,PPEALS e oilRIM - 7i,i _ £ ► - " .tit: ,t 7 '.f +'Y'_'' �Y'� R4�S�y ,y •t s f� T.I:..# _� ♦-j'�",`'�. y ,'� •-i.;�t Y1 -33 `�-�� F' ! - { �� -�y� �� `f�• ��,�'�Vit'1�.y'���'1� � '+ y '��, _F�wL�' � 1�. S .ri+ 'ti -% WASILAUSKY GOOSE CREEK LANE SCTM: 1000-77-3-25 10-100 5 TOWN- OF SOIJTH_OLD P �.�� IPER�T '." 'RECORD CARD ;0,. NERC�er �e�n I�r STREET 5 �!ILL{AGE' DIST: SUB. LOT ��,��" •��.;--}�Irv,� 1-i�r� � ,:•:..- r _� n n ► 1�a,� f vq--g ,ESC FORM OWNE v t!e-$ a�0� 'S�' '` N E ACR. P Y) PA, ri zah` GtU4 0 S t - V1/ TYPE OF BUILDING P. vis RES. SEAS. VL. FARM COMM. CB: MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS - c7Z O"C7 02 o—C� 3 7��7�l�/�/ d eNd4 2 /�', .� 3 d'd ?� 2 /� .$ $86 •ac �7�-O d5� �� ,e e /iC�P N-v . AW F9-4 Wr _ °z(ZI7.9 AM0 7" -SG-r, d=/�s�/�„� '�/7��y-Q /35/� A 4• rlC 7 vq ,5 ot7 �o`cx�e� '� ✓ 9 l_964t'T�n;245 -Vd&s4 4-� \OYuNJs — 14-.mo.a-G�cue.airf.: lKe YYr .1m C']v-G aN ' 114r�� d -7300 v 5"f I /i3�6 ,Q•f� /•5/VD Cow s7`,-, 7 AA - a _ 1Je .� x i' Y4 ;P.ooen, - ol AGE BUILDING CONDITION �9 90-2 P 9 — L' 0 $ 644,41112 V) +0 _ C '5TrG .�f, e//,00-� 11f NEW NORMAL BELOW ABOVE 9513pa�`T '75 - (�1r�� ��o ,s :6 FARM Acre Value Per Value B CoVQC-427d' ©vC� Acre 9 l s �f j ;7d v/a we 6 /l/, (% . Tillable FR NTAGE ON WATER 8 a 9s.L ��� a -Paoluano :S�;Co19�.f Woodland FRONTAGE ON ROAD `613• P ���� -�C��,-�'`,o vl iAuu r Meadowland DEPTH z0 House Plots ZONIN BOARD ft-4 BULKHEAD ` TotalDOCK g'0 70,5'- �f g114i/�o/I t MCI.Y,. � �' ;��.r','`<,�JS2L+• ';ctr=- + , N:~ `K1.��9d1 Ma , :... ::r_ C�■■...■..■■■■■■■■■■■■■■■COEM INIMMOMMOMMIN MENOMENNE■MEMMOME i ( n � c S✓fi 4?- L[yjnNo N + ■■M■MME■N■ea FINIMM■M■ENN■■■■■■■ J. r, `. - 1 .-ti''':', f` ':.`r -.j r` .,.. 4 ■■■■■■■■■■I���■��■■■■■■■■■■■mom ..f.+. ■■■M■MM■MM■oMMINEEMMMM■MM■■■ mom : .. ■■■i■■■■■■NN■i■■■■■■Mrs 1 ;ME■■■E■ r , ■■INM■■EMORR mom NONE ■■■■■■ �:..� ' ■■®EEE■■■r�■EEMME��.��En�.��■■■■ Basement Interior Finish i - - Fire PI ace , . .moi Roof RoomsFloor SCTM # TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT �h� i�' Barbara Od.5/)qu-sk i- (,Z& 3 i S©-u�F�,o IBJ. s ACR. . 33 REMARK 1�0113--,L- 2 Fe I.-ILV�-kWO-511aU.5h1t TYPE OF BLD. /fd Jlo—� h�QS' 4 — �✓, L,.I w16Ws GJUs • )u) ((, 14.�2 I Nev) re r n1 PROP. CLA,SJ O LAND IMP. TOTAL DATE s a • t J FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL i { ELIZABETH A.NEVILLE,MMC may® r/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CA = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS & ® .F Fax(631)765-6145 SMARRIAGE OFFICER GEMENT OFFICER ��®� ®�' Telephone(631)765-1800 RECORD FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 1, 2016 RE: Zoning Appeal No. 7001 Transmitted herewith is Zoning Appeals No. 7001 for Philip &Barbara Wasilausky-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,Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Copy of Building Permit#40530,Findings Deliberations and Determination Meeting, Appeal from Decision of Building Inspector,Action of the Zoning Board of Appeals, Photos, Property Record Card,,Survey, and Plans. * * * RECEIPT * * * Date: 09/01/16 Receipt#: 212952 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7001 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#5698 $1,500.00 Wasilausky, Philip&Barbara Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Wasilausky, Philip&Barbara 26 Little Neck Rd Centerport, NY 11721 Clerk ID: SABRINA Intemal ID:7001 BOARD MEMBERS �QF $®(/r - Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer CA Town Annex/First Floor,Capital One Bank George Horning ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cam 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: 10:30 A.M. - PHILIP WASILAUSKY. #7001 - Request for Variance(s) from Article XXIII, Section 280-124 and the Building Inspector's July 18, 2016, Amended August 18,2016 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) proposed additions and alterations less than the code required front yard minimum setback of 35 feet, 2) proposed additions more than the code permitted maximum lot coverage of 20%: 105 Private Road, Southold, NY. SCTM#1000-77-3-25. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit Written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimfO-southoldtownny.aov 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME WASILAUSKY, P . & B. #7001 MAP # 77 .-3-25 VARIANCE SETBACKS ; LOT OVERAGE BEQUEST ADD ITI ONS/ALTERATI ONS DATE : THURS , DEC . 1 , 2076 10 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . CONING BOARD -TOWN OF SOUTHOLD 765 - 1809 i 1 y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of ®� WASILAUSKY AFFIDAVIT OF (Name of Applicant) MAILINGS APPEAL# 7001 SCTM Parcel #1000-77-3-25 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the day of November, 2016, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file - with the (X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) nature) BETSY PE KIN Sworn to before me this jdaof November, 2016 (Notary Public) MARGARET C. RUTKOWSKI Notary Public, staa25of New York 28 Qualified in Suffolk County commission Expires June 3, 90/ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ITM U.S. Postal Service AV o RECEIPT Postal 111111 Er Domestic Mail Only CERTIFIED M IL@ RECEIPT t Q rU •nly MME P- Certified Mall Fee i , (0) F•t It COAL O A L 8 F, c i a $ Q Certified Mad Fee U J ti Extra Services&Fees(check box,add fee as appmpnate) $ I ❑Return Receipt(hardcopy) $ iJ i 0 ❑Return Receipt(electronic) $ J �)) •� Extra Services&Fees(check box add fee as appropnateJ -Q 41 Postmark k f� I ❑Return Receipt(hardcopy) $ []Certified Maul a Require Delivery $ , Q� Here ❑ ���� O .�f• Q ❑Return Receipt(electronic) $ � Postm � O ❑Adult Signature Required $ �% ..� I Q Certified Mail Restricted Delivery $ i I []Adult Signature Restricted Delivery$ O j []Adult Signature Required $ Here �. C3 Postage ® ��� Q ❑Adult Signature Restricted Delivery$ r• $ GS�ep Q Postage OTotal Postage and Fees -; r%- $ $ O Total Postage and Fees ;. �p Sent T ru $ I tS�p �-- = - --------- Street an pt.No,or PD Box No. 4I'1p i - -------- ---- j r- I SfreetandApt.No.,orPOBoxi�o.''`'"i1 City--------- City,State,ZIP+4® � ' C ----------------------------- ity,State,ZIP+4® --r----------------------------------- = � :rr r rrr•, I - TM - - - :11 1 I r rrr•1 Postal it CERTIFIED MAV 1 U.S. Postal ir Domestic Mail Only CERTIFIED MAIL@ RECEIPT Ir O' rU dr• • Ln cc �r�- Q $Certified Mail Fee Ln Q t J ( " (j C 9 u [) (� l 1 -tx�Extra ❑Return Receipt(hardcopy)(check box,add d fee es eppropneteJ ,� I I O Certified Mad Fee J$ ` 1 u 04 I Q ❑Return Receipt(electronic) $ ,-• Extra Services&Fees(check box,add fee as l i �✓ If `� pt(hardeo appropriate) Ali Q ❑Certifled Mail Restricted Delivery $ �® ) ❑Return Recei py) $ � ❑Adult Signature Required $ ® • I O ❑Return Receipt(electronic) $ `,postmark j El Adult Signature Restricted Delivery$ ,/ i Q [I Certified Mail Restricted Delivery $ ftgfe Q` Postage if �ff y `` ' []Adult Signature Required $ 5r r / r-3 E]Adult Signature Restricted Delivery$ Q Total Postage and Fees Q v ?nJ Postage s v ru $ 6 v r- $ Sp = _r !/' - I C3 Total Postage and Feesru S S i'� = YAC--------------- c i Sent To A C Q Street and Apt No.,or -Box No. ,-p \ ' e C(ty,State,ZlP+4® rq --------------------------------------------------------- C3 Sheet -dApt No.,or PO Box No. --------------------------------- - ' r r a ., i Crty,State,Z/P+4 r.. ---- -------------------------------------- ' •�,j, _._ � :r: r r, rrr•, iJ Postal Service" CERTIFIED O ■ o u) -Pornestic mail Only Er ' Ln Q Certified Mad Fee j Q $ -I- JViQ- Extra Services&Fees(check boy add fee as appropriate) 4 � L i E] Return Receipt(hardcopy) $ Q El Return Raceipt(electronic) IS P08tiT1$fk-N� Q ❑Certified Mail Restricted Delivery $ sz *,gk Q []Adult Signatum'Regwred $ !/ yy Q []Adult Signature Restricted Delivery$ (o 0 Postage �ol� �> r+ $ A Q Total Postage and Fees S ru $ Sen �- rq ------ - 91'Z No --------- ------------------------------------ Street and Apt.No.,or PO Box . ----------: --------------------------------------------- sieve,ztP+4® .,, ---- - i :rr r rr rrr• - � y a _ • • I " ■ Complete items 1,c,and 3. A. Sign ■ Print your name and address on the reverse CJLJ ❑Rddressee ' so that we can return the card to you. _ - - ■ Attach this card to the back of the mailpiece,>' Received by(Printed Name) C. to of elivery or on the front if space permits. T D. Is delivery address different from item 17 El Yes If YES,enter delivery address below: ❑No DOUGLAS &MADALINE WENDELL,i j 829 N.BAYVIEW ROAD SOUTHOLD NY 11971 3, Service Type ❑Priority Mail Express@ 4 I ❑Adult Signature ❑Registered MaiPM I } 111111111111111111111111111111111111111111 ale ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑COrbfied Mail® f 9590 9402 1878 6104 5483 85 P Certified Mail Restricted Delivery ❑Return Receipt for j ❑Collect on Delivery Merchandise 1 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM 2. Article.Number.(Pransferfrom service label) ❑Insured Mail; • .,:, F, [I Signature Confirmation t i 1 i i i i t i i i t t GJ Insured Mail Restticted�Delivery' t, jRestricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt a I i Q, m • • Olv 0jq• 4 ■ Complete items 1,2,and 3. A Sign a �a'} I 11111 Print your name and address on the reverse ��� --dent I so that we can return the card to you. Add e ■ Attach this card to the back of the mailpiece, � B. Rgceived by(Printed Afame) �` C. to of Dell or on the front if space permits. M•D, J C (PI QV 15 201 a 1� D. Is delivery address different fro�te17 ❑Yes If YES,enter delivery address . ❑_No 0�` MICHAEL& SARA SIRICO W . 140 PINE AVENUE SOUTHOLD NY 11971 11111111 Jill 111111111111111111111111111111111 E3- 22AdultSignaturre D Rregi terediM lT11 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2341 6225 5460 22 ❑Certified Mail@ Delivery t E]Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2 Article Number(transfer from service label ❑Collect on Delivery Restricted Delivery ❑Signature Cc nfirmationTM ❑Insured Mail ❑Signature Confirmation ❑insured Mad Restricted Delivery Restricted Delivery (over$500) I PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt �1 4 I r I WASILAUSKY NEIGHBOR LIST PAUL&KATHLEEN GEIGER 7016 2D7D DDDD 4070 6D19 __, 665 GOOSE CREEK LANE - SOUTHOLD NY 11971 SCTM: 1000-77-3-24 MICHAEL& SARA SIRICO 2009 O Z D+� 0000 OLD 2 9'C D Z 140 PINE AVENUE - - - SOUTHOLD NY 11971 SCTM: 1000-77-3-13.1 CLAUDIA S. CEBADA-MORA PO BOX 986 L7016 2 D 7 D 0000 4 0 7 0 5999 _ SOUTHOLD NY 11971 SCTM: 1000-77-3-12.1 JOHN G. KENDALL PO BOX 1715 7D1�6 2070 DDDD 4070 5982 j N - --- - SOUTHOLD NY 11971 SCTM: 1000-78-8-10 DOUGLAS &MADALINE WENDELL 829 N. BAYVIEW ROAD 7016 2D7D DDDD 40705975 ----- - - - 0 - - -- SOUTHOLD NY 11971 SCTM: 1000-78-8-12 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN WASILAUSKY POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-77-3-25 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 TERRY LANE, SOUTHOLD, being duly i sworn, depose and say that: On the 21 ST day of November , 2016, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that 'i I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, DECEMBER 1, 2016 TRICIA C. MOORE Sworn to beforg rme this day of 1�►0f , 2016 r y , � N tary Public BETSY A.PERKINS ` Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk County Commission,Expires-July 18,E l *near the entrance or driveway entrance of the property, as the area most visible to passersby. B 1 , / ' ■ Complete items 1, A si ature ■ Print your name and address on the reverse X ent so that we can return the card to you. E3 Addressee ■ Attach this card to the back of the mailpiece, B• (3eceived b (Printed Name) C.pat of Deery or on the front if space permits. C A� w_ D. Is delivery address different from Item 1? ❑Yes CLAUDIA S. CEBADA-MORA If YES,enter delivery address below: ❑No PO BOX 986 SOUTHOLD NY 11971 I` II I IIIIII IIII III I it I II II I I II I I III II I I !61 3. Service Type 1:1Priorly MExpresso11Adult Signature ❑Reglstered-d-MadTM❑Adult Signature Restricted Delivery ❑Registered Mall RestrlctedElCertified Mads Delivery 9590 9402 1878 6104 5483 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Marchandse 2. Article..Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 11 Signature ConflrrnatiortT^+ El Insured Mail: Signature i i i '❑Insured MaWRaitrictedlDellvery i k t Restricted Delivery PS Form 3811,July (over$500)2015 PSN'530-02-000-9053 Domestic Return Receipt t SENDERCI • o / e / / ■ Complete items 1,2,and S. A. ' nat re ■ Print your name and address on the reverse C!Agent I so that we can return the card to you. ❑Addressee I ! ■ Attach this card to the back of the mailpiece, Received b ted,Narrr . Date of Delivery or on the front if space permits. D. Is delivery Id ss dif[e nt fro i'i rft ❑Yes i If YES,ent 1 e dress Li JOHN G. KENDALL No I PO BOX 1715 j SOUTHOLD NY 11971 k4,< I IIIIIIIIIIIIIIIIIII�II IIII II�IIIIIIII IIIIIIIII 3. ServicAdult Signature ❑RegiseredfA lllm ❑Adutt Signature ❑Registered IylailT^+ ❑Adult Signaturei Restricted Delivery [3 Registered Mail Restricted 11Certified Mail@ Delivery 9590 9402 1878 6104 5483 78 ❑Certified Mail Restricted Delivery ❑Return Receiptfor El on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 13 Signature(;onfirmatlonTM^ r ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery { i (over$500) a PS Form$811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Id;aoay uan;ay o;lsawop £906-000-2;0-0£SL NSd gtog Ainp't L98 waoq ed tian a 009$Jeno) ll 0 PalOptsay 1't, ;rGanlle0 pe}�i�au I�BW P01nsull❑ 11 f : } uoieuuiuo etneu6 ii ';;' ;;:; �+ 3 a J 3 IS�i IIBW Penisul❑ J Wluolteuuguo0 emteu6:S p LangeO pe1014say Aeng90 uo 1091100❑ (/eqB/2DfN2s WOI/Dais lel�'jgclw IN elolliV 'Z ({! 1o;ldlalay uinley❑ tiaA11a0 pe30tatsay I eW Pa84ie0❑ ,GaA11a0 j ® III 179I 9I I I;II68179I I9I IIbI 0I II 9I I 8II II I ILI IZIIOI tII6II 0116115116 Pa utsaaewpG@Bw peAl3te0 l; a o eA,leOpec�say B1S3IPb ssepaaesBeemu6no jdx3 I II IIBW Atuoird❑ edAL eoiivaS g I L61 i AN Q'IOH Lf10S gXV'I'Xa9XD E[SOOD 999 WFIDIFID X9'J IH.LV-X V'If1VVd �{ ON[3 :mo;aq seeipp n11ep aa;ua'S3A dl gG uta}I IUOJ14UGI i ssalppe,GaAllap sl •p :01 passaappH alol]�b '4 J� 1 t •s;ltwed eoeeds;l}uoa;ay}uo ao I N IS 0 3 0 • ewep N PZlu d)A nle ay ta;; 'aoold;lew eo)joe? e - q Uj 0 3 pato s!Uj�etlH ■ easselppy ' non o;paeo ay;uanjea ueo ene;ey;os dV X esaana l 041 uo sseappe pue;auteU ino-A;ulad ■ BUBIS b 'S PUIR V I.swell a,;eldwoC ■ • a li { ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.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. vj #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 24th day of November, 2016. Principal Clerk I Sworn to before me this day of ' ' 20,16. n 1 �, r I C STINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. CIV06105050 4luallfled In Suffolk County MY 0@r6f014419Fl P%Nltps February 28.2020 LEGAL NOTICE SOUTHO4113,170YV[+1QNIIVG BOARD QF,.APPEAIS THURSDAY,,DktE141BERI,2016 - PUBLIC;NI�A1<2INCr�S,:,: at:200South'OakwoodDrive;•Laurel,NY. 1)at more than the maximum height of NOTICE IS HEREBY GTJWEN,pur- SCtM#1040-145-3-3.1. 22 feet,located at:24435 Route 25(Main suant to Section 267 of the Towitlaw and 30:M A.51-PHILIA'WASMALiSKY Road),Orient,NY.SCI'M#1000-18-2-34. Town Code Chapter 280(Zoning),Town #7001--Request for Vai-iadee(s)from Ar- 1:10 PM - REVCO I IGITI'ING & 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 Variances) 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 family dwelling, al based on ani 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 XX11I, 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.SCI'M#1000-77-3-25. L-15 P.M. - FRANK AND DENISE ditions and alterations to an existing single 1045 A.M.- ADAM SUPRENANT DELI AQLTILA- #7007 - Request for family dwelling,at;l)more than the code #7002-Request for Variance(s)-from Ar- Vana ice(s)'from Article XIX, Section permitted maximum lot coverage of 20%, title XXH,Section 280-1050(3)and the 280-13(A)6(p) and the Building Inspeo- located at:2570 Clearview Avenue,(adj. Building Inspector's June 30,2016,Notice tor's September 14,2016,Notice of Disap- to Goose Creek)"Southold,NY.SC`M# of Disapproval based on an application for proval based on an application to legalize 1000-70.10-29.2a building permit to legalize an"as-built" an"as-built"accessory apartment in the 9:45 A.M. - DONNA AND FRED deer fence,at;l)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.SCI'M#1000- by Town Code in or on premises for which gust 23,2016,Notice of Disapproval based 75-429. an accessory apartment is-authorized or on an application for a building permit to 11.15 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 sons 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 Street,Greenport,NY.SCI'M#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;l) not start earlier than designated above. #7608 - 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:KimF@southoldtownnygov 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)Cutchdgue,NY.SCI'M#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 #7005 7.Request for BY:Kim E.Fuentes single family dwelling is less than the code Variance(s)from Article rV Section 280- 54375 Main Road(Office Location) required combined minimum,side yard 15 and the Building Inspector's August 8, 53095 Main Road(Mailing(USPS) setback of 25 feet;3)proposed construc- 2016,Notice of Disapproval based on an P.O.Box 1179 tion places existing 140 sq.ft. accessory application for a building permit.to legal- Southold,NY 11971-0959 shed in other than the code required rear ize an"asbuilt"farm accessory barn,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 *OF SO(/j Southold Town Hall Leslie Kanes Weisman,Chairperson � yp 53095 Main Road• P.O.Box 1179 " !p Southold,NY 11971-0959 Eric Dantes [ t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'yCQO @� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO TO: ENGINEERING FROM: Leslie K. Weisman, ZBA Chairperson DATE: October 5, 2016 SUBJECT: Request for Comments ZBA# 7001 *ON A PRIVATE RIGHT OF WAY* The ZBA is reviewing the following application. - Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY WASILAUSKY, 1000-77- 7001 Dec. 1, Art XXII Sec 8/24/16 John M. P. B. 3-25 2016 280-125 Metzger Your comments are requested 1 week prior to hearing date. Thank you. Encls. I BOARD MEMBERS Of SOUj Southold Town Hall Leslie Kanes Weisman,Chairperson ��' yp53095 Main Road•P.O.Box 1179 !p Southold,NY 11971-0959 Eric Dantesitt Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQ(f(�y,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809• Fax(631) 765-9064 October 5, 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 #7001 Owner/Applicant: Wasilausky, P. B. Action Requested: Additions/alterations to existing dwelling — setbacks; lot coverage Within 500 feet of: (X) State or County Road ( ) 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 a By: Encls. RECEIVED PATRICIA C. MOORE DEC 20 6 Attorney at Law 51020 Main Road Southold,New York 11971 ZONING BOARD OF APPEALS Tel: (631)765-4330 Fax: (631)765-4643 December 8, 2016 Town of Southold Zoning Board of Appeals Att: Leslie Weisman By hand RE: WASILAUSKY- APPEAL # 7001 PROPERTY ADDRESS: 105 PRIVATE ROAD (Goose Creek Lane) SOUTHOLD? NY 11971 SCTM: 1000-77-3-25 Dear Board: After the hearing I researched the lot coverage variances in the neighborhood. The following Lot Coverage variances were granted: 1000-18-7-28 Landi 950 Waterview Road, Southold Appeal #5816 2/2/06 (in-ground pool increased lot coverage to 23 .3%) 1000-78-7-25 Gonzales 41380 Waterview Drive, Southold Appeal #6765 7/24/14 (addition to house and deck 21 .7% lot coverage) 1000-77-2-7 Vail 50 Oak Avenue, Southold Appeal#6475 6/15/11 (convert existing garage to living space and add 423 sq. ft. ) 22 .5% 1000-77-1-7 McGoey 1050 Oak Street, Soutold Appeal #6721 2/20/14 (additions & alterations 21 . 9% lot coverage) Possible Alternative Relief: We asked the surveyor to calculate the lot coverage if the applicant' s garage was cut back by 6 ' and reduced to 10 ' width x 19. 5 ' rather than 16 ' x 19. 5 ' originally requested: Peconic Surveyors provided the following calculations: if garage reduced (cut back) by 6' to 10 ' x 19.5' the lot coverage for the garage is reduced to 203 sq.ft and overall lot coverage is 23.5% Town of Southold 1.0� Zoning Board of Appeals December 8, 2016 Page 2 Also attached are two letters : (1) the adjacent neighbor who faces the garage: Paul & Kathleen Geiger 665 Goose Creek Lane, Southold prepared a very supportive letter. (2) John Kendall 150 Goose Creek Lane, Southold provided a letter in support. Additional letters may be received before your special meeting. Peconic Surveyors is revising the survey and I will deliver it to you as soon as it is completed. Very truly yours, CZ> atricia C. Moore PCM/bp Encls. Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971-0959 Regarding Philip J. and Barbara A. Wasilausky 575 Goose Creek Lane Southold, NY11971 Homeowners request for variance#7001 to build a garage on the above property. I as a neighbor have no objection to their request and support them going ahead with their plans,? , 14 John Kendall Kendall 150 Goose Creek Lane Southold, NY 11971 gqyy -7ov1 ROBERT D. &MADALINE D.WENDELL RsCE 829 North Bayview Road Extension ��� Southold, NY 11971 DEC ( 4 December 8, 2016 Southold Town Zoning Board of Appeals Southold Town Hall 53095 Main Road Southold, NY 11971 RE: Homeowner Variance#7001 Application Dear Southold Town Zoning Board of Appeals: This letter is written in support of the application of Philip J.and Barbara A.Wasilausky for a variance to construct a second garage attached to their home. We are aware that the square footage exceeds the envelope of space allowed on this size property, but,we have no objection. Sincerely, ROBERT D.AND QDALINE D.WENDELL Cc: Philip J.and Barbara A.Wasilausky, Patricia C. Moore Esq. Date: December 5, 2016 To: Southold Town Zoning Board of Appeals Subject: Homeowners/Applicants for variance#7001 Philip J. and Barbara A.Wasilausky 575 Goose Creek Lane (105 Private Road,#31) Southold, NY 11971 We are neighbors of Philip and Barbara Wasilausky. We live on the north side of their residence. Our living and dining rooms face their driveway. We are the only neighbors who have full view of their garage/driveway area. We are aware that the Wasilauksy's are filing for a variance to extend their garage and would like you to know that we support them in their variance filing. The Wasilausky's have shared their plans with us and we feel that their extension project will be esthetically pleasing and will give them the needed space to park and house their vehicles. If you should have any questions, please feel free to contact us by mail or phone. Sincerely, �� 1 , i� Paul and Kat leen Geiger 665 Goose Creek Lane Southold, NY 11971 631-821-3822 cif-y, Car �7�.r �dcCr 'i�ms a l-r+ X X 111 r see. a'00'_I�T it LLSe6 ��a� 1168 P* a�b ll� ; G r&n T in , Demisl pk� �1 �. ze red -x �1 i d ,eD.s/T A&a �eA-V77 c � BOARD MEMBERS Southold Town Hall �+ Leslie Kanes Weisman,Chairperson ����SOQj/yo 53095 Main Road-P.O.Box 1179 Eric Dantes ~� Southold,NY 11971-0959 [ [ Office Location: Gerard P.Goehringer vs ar Town Annex/First Floor,Capital One Bank George Horning iQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider lyCQ� Southold,NY 11971 http://southoldtown.northfork.net ") l /„ pppccc///ttt ZONING BOARD OF APPEALS l� TOWN OF SOUTHOLD Tel.(631.)765-1809-Fax(631)765-9064 April 10,2014 Amy Martin Fairweather Design Assoc.,Inc. 205 Bay Avenue Greenport,NY 11944 RE:De minimus request--McGoey#6721 Dear Ms.Martin, I have reviewed your letter dated March 28,2014 and the site plan,ground floor building plan and drawing of the north elevation all dated 3/24/14 that you submitted with your request for a de minimus determination in the above referenced ZBA decision. Since you do not propose any changes to the bulkhead setback variance of 52.7 feet from the 2 foot wide concrete wall that was granted by the Board of Appeals in decision#6721,and because the removal of the west side deck that was originally approved will create a conforming combined side yard of 25.6'for the second story addition,I have determined that your requested modification is de minimus in nature. Please note that the waterside deck shall be no larger than 9'X30',as proposed,and shall remain open to the sky. This de minimus determination is conditioned upon obtaining from the Board of Town Trustees an amended approval for new footings for the proposed new foundation. I will instruct the office to send a copy of this letter and a stamped approved copy of your amended drawings and your de minimus request to the Building Department so that you can apply for a building permit.If you have any questions,please call the office. r y, 1�fJ„ C Leslie Kanes Weisman Chairperson/Dept.Head Cc:Building Dept.,Town Trustees ' t 4 J FAIRWEATHER DESIGN ASSOCIATES,INC. ROBERT L BROWN,ARCHITECT P.C. 205 BAY AVENUE GREENPORT,NY 11944 631477-9752 FAx 631477-0973 !„� admin aWairweather-Brown.com March 28,2014 Zoning Board of Appeals, Southold Town OF McGoey, #67Dan and Carolina RBA c�aPR� SCTM# 1000-77-1-7 Dear Chairperson and Board, Thank you for the thoughtful process that was involved in granting alternate relief to our lot coverage issue on this property. We now ask to make deminimus request. Yesterday we had an in-house meeting with the clients and they have asked if it would be possible to trade the lot coverage previously shown as the side porch to instead extend along the full waterfront side where they expect to spend most of their summers with their young fancily. The side yard space is extremely tight and we will eliminate the side kitchen door and need for any landing or steps. The revised front deck would be the same 9'deep but now 30'or 270 square R—equaling the approved lot coverage you had granted in your recent deliberations. By sliding the,approved deck to be recessed from the existing NW corner of the Cottage we increase the side-yard setback to 17'8"+and the NE to 12'4"-thereby making all proposed construction on this property,second story (20"& 11')to have conforming side yard setbacks as well as meeting combined need of 25'. The Deck is to remain open to the sky. The window and doors will be reworked to fit better within the railing... the elevation is a quick re-draw for illustration purposes. Respectfully submitted, Amy K.M FINAL MAI' As Agent REVIEWED BY ZBA SEE DECISION # A al DATED,2/.10 1 • AOS DRAINAGE HOUSE 1,425.8 SF _- GARAGE 192.4 SF FINAL MAP TOTAL 1,618.2 S.F. 1618.2 5F X 0.17 Fr/HR= 275.1 CF REQ'D. REVIEWED BY ZBA PROVIDE(2)8'DIA X 3'6"D. DRYWELL5 = .SEE DE ISION# �' 295.6 CF D� PROPOSED DECK 268.2 S.F. 268.2 X 0.17 FT/HR= 45.6 CF REQ'D. PROVIDE 241X 18'W X 36'D FRENCH DRAIN = 108 Cr LOT COVERAGE EXISTING HOUSE 1,425.8 SF �0 E)C15TING GARAGE 192.4 5F ?1<1 `,� FISTING SHED(I Ox 19) 86.7 5F IXISTING SIDE DECK(7xl 3) 91.7 SF G` O�o0 N CURRENT TOTOAL 1.795.97 5F 21.38% S - ° PROPOSED 'Q� 70 HOUSE(-BAYWINDOW) I.413.5 SF , GARAGE(SAME) 192.4 5F i F � NO SHED 0.0 5F / F�/ o'�. WATER SIDE DECK(9x25) 270.0 SF PROPOSED TOTAL 1,876.2 5F 22.3% 5'NON-TURF BUFFE�����// �/ ACCESS PAX EX15TING CON.PATIO\ . H aQ TO DE REMOVED81DS J= / DRI LL� ' \ �O PROPOSED 2ND STORY PROPOS `� ADDITION OVER ]� PORTION OF EX15TING �Ro FF 68)n DECK. \ 15T FLOOR 3. L.P.T . M �Si , POST a 8n �j O,r` POEIDIA X 3'6' /°' EXIS G 18vX cry RAIN q, \ �OF.o TO OD CK E C �S �s CK o BC°� • . / 9ckl:"p8 ��i \^ \ DWEWNG p#1050O \ R0 .BA5ED ON SURVEY F9�,y co\ FFL EL 10.I'`hh i�' • Q, SITUATED AT:SOUTHOLD tic, � �� o �� U.P. TOWN OF 50UTHOLD, o�nsnN \, tic SUFFOLK COUNTY, N.Y. CONC. LOTS 301-303 INCL. REMOVE F° , �a � � 30 , MAP OF G005E BAY E5TATE5 EX15TING c ,y, '0 ' Q 5HED FILE NOV.13, 1934 NO.1176 FILE# 13-104 IT A 10 0 FTHE DATE:JUNE 19, 2013 REMovE� �o c' y <vf ut. Y RSONG UNDER THE EX15TING `Il° A D AREA:8.400 SQ.FT.OR 0.19 ACRES CONC. T T,7OALTERANY fry iTHISprojiNGIN SURVEY BY KENNETH M.WOYCHUK 2S°� O v�,�ANYA-MORIZED LAND SURVEYING PLLC / \ S ` r>' ERATION 101US,BE RO S P� .7rcD sEA;rCAC.;.'o •° ,�•xr,rr-t„iti ACCORDANC WiTH V. mc SITE PLANco . W.V. rev � m FAIRWEATHER ESIGN A59 IATE ° •`� ti SCALE: 1'=20'-O" '7 n W/ROBE I. BRO ECT 5B A N °QE ENPORT, Y. 1194- ��0 gNy ' 63111 -9752(Fax)631-477-0973 I 1 � i FINAL MAP REVIEWED BY ZB�► SEE DECISION# DATED-1-12—LO 1 I I 1 WAUS 12'W= 11-7/0' • mnne�cue I CONfI"L0 'Lm =a' 14WOOT. i 1 srs'uvav++rmmG me.nm 4 5 nav:rwwama ewrw to�c�a I 1 � o�.n.ados• 8 . 2Mnromawm I �rwaw I noa O I Ds ms auue ama• 1 1 ,mcemo•esr etmrJ.e- _— lO ❑ winwn, - wemp1.mu�iw F-2 Hl 1 1 I r19 a,rteuam t un � I1 I comnaoe mu�aoow�em 1 �ounmaae�ra �I 12 GROUND FLOOR ' SWb1Alb A2 'Ji uF?31E +'43 UND=s THE LICENSED •17 R ANY ' 'i;>tIY7' 'NURIZeD ::dv S°i13i::E 7r.",;ACCORDANCE McGOEY ^`Pit 03/28/2014 APs 0 ARCy�T FAIRWEATHERDE51GNA550CIATE5, INC. oo�`�t.eA-h�T* W/ ROBERT I. BROWN ARCHITECT, P.C. 205 BAY AVENUE GREENFORT.N.Y. 11944 631-477-9752(Fax)631-477-0973 q CF SIM.BWE5TONE CHIMNEY CAP. 40 YR.ASPHALT GLEN GERM 1776 SHINGLES OVER 301b. DAN15H BLEND BRICK I BUILDING PAPER. FACED CHIMNEY. - 7 FINAL MAP REVIEWED BY ZBA I SEEDMISION# '`�� DATED_lla !z • r'�IiSC:4, FIN.FLR. ""C ER THE LIGE*.ISED ANY .. _,`—TER I-•µ•ISG IN AZEK 5/4'x4' 'HORIZED WINDOW CASINGS + BE I NG'AZEK FASCIA. WITH SOLID CROWN �•''.0 TOP MOULDING. C•:RDANCE BOA DWIZrK FRIEZEHHH STAINLESS STEEL BOARD WITH SCNJD WIRE RAILING SYSTEM CROWN. WRH 4514'CLEAR181 AgCy� CEDAR P05T5-TO BE CEDAR STAINED. STAINED. < T SHINGLES WITH 5-1/2' EXPOSURE. FIN.FLR. b�I•�r� 5/4'x 10'AZ N WATER TABLE WITH DRIP CAP. lu McGOEY 03/28/2014 N O K'T H E L E V A T 1 0 3N 3 FAIRWEATHER DE-91GN A550CIATE5, INC , A W/ ROBERT I. BROWN ARCHITECT, F.0 - - --- - - -- - -.- --_ SCALEI 1/4'-I'� A3- -- -- - -- 205 BAY AVENUE GREENPORT,N.Y. 1 1944 G31-477-9752(Fax)G31-477-0973 j BOARD MEMBERS �Sorry Southold Town Hal? Leslie Kanes Weisman,Chairperson � OCG 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer • Q Town Annex/First Floor,Capital One Bank George Horning p ^�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQ(fK(�(,� Southold,NY 11971 http://southoldtown.northfork.net R C JIVEZONING BOARD OF APPEALS +- 3 'JS' OF SOUTHOLD FE 2 5 214 Tel.(631)765-1809-Fax(631)765-9064Q Soetho4ldlTown Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 20,2014 ZBA FILE#6721 NAME OF APPLICANT:Daniel and Carolina McGoey PROPERTY LOCATION: 1050 Oak Avenue(adj.to Goose Creek),Southold,NY SCTM#1000-77-1-7 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 January 31, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated January 30,2013. 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: This property is a non-conforming 8,400 square foot parcel in an R-40 district. It is a water front parcel with 60 feet concrete wall frontage on Goose Creek. The property runs 140 feet on the South side, 60 feet along Oak Avenue, and 140 feet on the North side. On the South side of the property there is a 10 foot wide public passage to the beach. The property is improved with a 1 story dwelling,an accessory garage, and a shed. The existing dwelling is set back 61 feet seven inches from the concrete wall. There is a concrete patio at ground level which is set back 52 feet seven inches from the concrete wall. The dwelling is partly located in flood zone AE EL. 7 and partly located in a flood zone X. All is shown on a survey by Kenneth M. Woychuk,L.L.S.dated June 19,2013 and a site plan by Robert 1.Brown,Architect,dated October 17,2013. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article XXII Section 280-116B and the Building Inspector's December 6, 2013, amended January 7, 2014 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 minimum side yard setback of 10 feet,2)less than the code required combined side yards of 25 feet, 3) more than the maximum code allowable lot coverage of 20%, 4) less than the code required bulkhead setback of 75 feet. Page 2 of 3—February 20,2014 ZBAN6721—McGoey SCPMN 1000-77-1-7 RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to an existing dwelling on this 8,400 parcel in an R-40 district with a side yard set back of+/-9.5 feet when 10 feet is required, have a combined side yard set back of 20.5 feet where 25 feet combined side yard set back is required, and the resulting additions and alterations will result in lot coverageof 21.9%-where the maximum permitted lot coverage is 20%. The applicant also requests a variance for additions and alterations within 75 feet from the bulkhead. The proposed construction notes a set back of+/-52.7 feet. AMENDED APPLICATION: During the hearing the applicant was asked to bring the plan into more conformity with the code. The applicant on February 12, 2014 submitted a plan increasing the single side yard setback to 10 feet thereby eliminating the need for one variance. This increased the combined side yard setback to+/-21 feet thereby bringing the plan into more conformity with the code. However, the Board discovered the existing side deck was not included in the original lot coverage calculations. With the proposed side deck addition as amended the proposed lot coverage will be 22A%. Additionally,the agent was asked to provide other variances granted in the area with lot coverage relief. On February 12, 2014 the agent submitted copies of a variance granted with similar lot coverage relief. ADDITIONAL INFORMATION: During the hearing the applicant's agent testified that the building project would include removing the hardscape driveway, patio,and other impervious surfaces. The applicant's agent also testified that the applicant plans on placing gravel drains around the decks to catch storm water run off. The applicant is proposing to install a new septic system that will conform to current Suffolk County Health Department standards. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6,2014 at which time written and oral evidence were presented. Based upon.all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3 (b) )(1). Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This neighborhood consists of one story and two story water front homes. Many of the homes are placed on similar sized non-conforming lots. These homes have similar side yard setbacks and are set back a similar distance from the bulkhead or concrete walls. It is typical for a home in this neighborhood to have a garage. 2. Town Law 4267401(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 offered to move the existing side deck back an additional 6 inches from the property line making the property's single side yard set back conforming to the code. The applicant cannot conform to the required combined side yard set back or the required set back from the concrete wall because the structure on the property is pre-existing non-conforming and any proposed building project will be non-conforming and require variance relief. The applicant can conform to the lot coverage restrictions by proposing a smaller deck on the waterfront side of the property. 3. Town Law&267-b(3)(b)(3). The variance for the combined side yard set back granted herein is mathematically substantial,representing 160%relief from the code.However,this is because of the existing structure.The amended additions and alterations will decrease the non-conformity of the side yard set back. Additionally, along the southern property line there is a 10 foot walking right of way, which will provide an additional buffer for the adjoining neighbor. The variance for the proposed lot coverage is mathematically substantial representing 12% relief from.the code, however it is one of the smallest lots on the street and many other homes have undergone enlargements in this neighborhood. The variance for the proposed bulk head/ concrete wall set back is mathematically substantial representing a 30% relief from the code. However, the existing structure is currently within 75 feet of the concrete wall. Also, there is an existing concrete patio 52 feet 7 inches from the concrete wall. This is being removed and re-placed with a raised deck with drainage to better handle storm water run off. Page 3 of 3-February 20,2014 ZBA#6721-McGoey SC WIOOO-77-1-7 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 and install a gravel drain around all decks and all hard surfaces. The applicant must also install leaders and gutters on all structures as well as drywells to handle storm water runoff. S. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a two-story water front residence with water front 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 Dantes, seconded by Member Schneider, and duly carried,to GRANT the variance for the bulkhead set back as applied for, and shown on the site plan prepared by Robert I Brown and dated January 7,2014; And to DENY as applied for the variances for side yard set back, combined side yard set back, and lot coverage and to; GRANT ALTERNATIVE RELIEF for a conforming single side yard setback and a combined side yard setback of+/-21 feet, and a total lot coverage of 22.4% as shown on the revised site plan dated 2/11/2014 prepared by Fairweather Brown Associates,Inc. Subject to the following condition; CONDITION; 1.Decks'shall remain open to the sky. 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. Vote of the Board• Ayes:Members Weisman(Chairperson),Schneider, Dantes, Horning.Absent:Member Goehringer. This Resolution was duly adopted(4-0). c 0a, Leslie Kanes Weisman,Chairperson Approved for filing 4 �S—/2014 LOT COVERAGE EXISTING HOUSE 1,425.8 5F O EXISTING GARAGE 192.4 5F E15TING SHED(I Ox 19) 8G.7 5F �`O '� ��� �J��A�p♦� EXISTING SIDE DECK(7x 13) 91.7 5F G p�a��' CURRENT TOTOAL 1,795.97 5F 21.38% i ls� . ` PROPOSED �0 HOUSE(-BAYWINDOW) 1,413.8 5F GARAGE(SAME) 192.4 5F NO SHED 0.0 SF V \ 5MALLED SIDE DECK(4x 13) 52.0 5F WATER 51DE DECK(9x25) 225.0 5F PROP05ED TOTAL 1,883.2 SF 22.4% � J \ l EXISTING CON.PAT16 S TO BE REMOVEDJ= \ rL� PROPOSED 2ND STORY ADDITION OVER d �$r 6e. DECCK. NEW PORTION OF EXISTING S 15T FLOOR �O LPO. O Be PCSr ♦ W is EA5TING �OC \ WOOD DECK P 3-q \ A .TO BE CUT Qa t)lKrp Bc^ / TpQ6, ,^ IDWIILNG 70 Aj - /1050 BASED ON SURVEY ♦ c, PPL R 10.1'yO 4a� Op, SITUATED AT.SOUTHOLD _ +� ` o .P. TOWN OF SOUTHOLD, DtlSTING ♦ �4p os �9 SUFFOLK COUNTY,N.Y. CONC. , �p LOTS 301-303 INCL Nene � t19 Q� do MAP OF GOOSE BAY ESTATES 5MH5pNG °s o •O FILE NOV.13. 1934 NO.1 17G FILEN I3-104 c��s a \V DATE:JUNE 19,2013 Remov� `o ti dor AREA:8,400 50.FT.OR 0.19 ACRES OC15TING y 5URVEY BY KENNETH M.WOYCHUK CONC. LAND SURVEYING,PLLC g S•`�9} (k `�— .0 SITE PLAN ,Wv. SCALE: V-2a-V c", �FTo� FINAL MAPBY ZBA REVIEWED SEE DESS lad Ot ppTED� McGOEY rev 02/11/2014 FAIRWEATHER DESIGN A550CIATE5, INC. W/ ROBERT I. BROWN ARCHITECT, P.C. 205 BAY AVENUE GREENPORT,N.Y. 11944 GA 1 A77 07C7/F....l 1-9 1 A77 Aa70 So 0`7� Q)51,�,c72� vlos 7 ,�ys13 �"' BOARD MEMBERS Southold Town Hall . ` Leslie Kanes Weisman,Chairperson �oF sorry 53095 Main Road-P.O.Box 1179 � Southold,NY 11971-0959 James Dinizio,Jr. ,fes Office Location: Gerard P.Goehringer CO- Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken SchneiderOl�CO Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ��� ;� TOWN OF SOUTHOLD Tel. 631 765-1809-Fax(631)765-9064 Tel.( ) JUN 2 1 2011 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15,2011 ' South T®w�kee+rl ZBA FILE: 6475 NAME OF APPLICANT:George and Mary Vail PROPERTY LOCATION: 50 Oak Ave.(Pine Ave.and Un-named Street),Southold,NY SCTM 1000-77-2-7 SARA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 April 29, 2011, 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: This application has been reviewed under 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 us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicants' property is a non-conforming size 10,792 sq. ft. parcel in the R-40 Zone. The property has three front yards, with the northerly lot line measuring 94.17 feet along an unnamed,unimproved street adjacent to Goose Creek.The easterly lot line measures 144.11 feet along the northern end of Pine Ave. The southerly lot line measures 60.00 feet along Oak Ave., and the westerly lot line measures 140.00 feet along an adjacent,improved residential property. The Applicant's property is improved with a one and a half story single family dwelling with non-conforming front and rear yard setbacks,and an attached garage. The Applicants' driveway is directly accessed from Oak Ave as shown on the survey prepared by Nathan Taft Corwin, III,LS dated October 26,2010. BASIS OF APPLICATION: Request for Variances from Code Article XXIII Section 280-124 and the Building Inspector's April 6,2011 Notice of Disapproval based on an application for building permit to construct additions to an existing dwelling at: 1)less than the code required front yard setback of 35 feet,2)less than the code required rear yard setback of 35 feet,3)lot coverage of more than the code required 20%,4)Section 280-15 which requires accessory structures to be located in the rear yard,whereas a shed is proposed in front yard location. RELIEF REQUESTED: The Applicants propose to convert the attached garage area into livable space, and to construct new single story additions such that there will be a total building size increase of approximately 423 sq. ft. The Applicants seek variances to increase the degree of non-conformity of both the front and rear yard setbacks as result of the new construction.The Applicants propose a new 13 feet front yard setback,where a 19 feet setback currently exists,and they propose a new 4.5 feet rear yard setback,where a 7.4 feet setback exists. The Applicants seek a variance to increase total lot coverage from 18%to a non-conforming 22.5°/x,when no,greater.than 20%lot Page 2—June 15.2011 [.BA File#6475-Vail CTM:1000-77-2-7 coverage is allowed by Town Code. The Applicants seek another variance to construct a 100 sq. ft. shed to be located in a non-conforming front yard area,instead of the Code required rear yard. ADDITIONAL INFORMATION: The Applicants provided information to the Board suggesting good faith intent to utilize a site plan that limits any adverse impact of the additions and new shed upon their immediately adjacent neighbors.There are no objections by the neighbors to the Applicants'proposed construction. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2,2011,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property,an assessment of the character of the neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicants propose modest sized,single story additions, and a carefully located shed. Although the new construction will create an increase in the non-conformity of the front and rear yard setbacks, and will also result in non-conforming lot coverage, the proposal is mindful and considerate of the quaintness of the surrounding residential community. 2. Town Law 4267-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 Applicants' non-conforming property is relatively small, with three front yards and improved with an existing single family dwelling with non-conforming setbacks. No construction can occur without a variance. The shed will be located in a non-conforming front yard in order to be situated in an area with the least obstruction to the neighbor's view towards Goose Creek. 3. Town Law§267-b(3)(b)(3). The front and rear yard variances granted herein are substantial since they further increase the degree of non-conformity to these already non-conforming setbacks. The increased lot coverage from 18% to 22.5% creates a new lot coverage non-conformity, but is not substantial when considering the relatively small lot size of this property. The location of the new shed in a non-conforming front yard is not substantial when considering that the property has three front yards. 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 has agreed to provide plantings to screen the shed from direct view from Pine Ave. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is due to the pre-existing, non- conforming size of this property, and the pre-existing, non-conforming building location, and the fact that this corner property is situated such that it has three front yards. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of single story additions with non-conforming setbacks,increased lot coverage,and a shed located in a front yard area, 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 Horning,seconded by Member Goehringer,and duly carried,to; GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin, III, LS dated October 26,2010 and the architectural drawings prepared by Garrett Strang,Architect,page SPI dated 4-8-11,SK8 dated 4-18-11 and Proposed alterations pg SKl dated 12-20-11 &Proposed alterations pg SK7 dated 3-8-11. Subject to the following condition: Page 3—June 15,2011 �® Z13A ROWS-Vail CTM: 1000-77-2-7 Conditions: The shed shall be screened from view along Pine Ave by plantings. 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 given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: ayes:Members Weisman(Chairperson),Horning, Goehringer,Dinizio,Schneider. This Resolution was duly adopte (5-0). c Leslie Kanes Weisman,C irperson Approved for filing 7 '17 /2011 SURVEY OF - ^"` LOTS 168 THRU 171 INCL. MAP OF GOOSE BAY ESTATES GOO FILE No. 1176 FILED NOVEMBER 18. 1934 SE SITUATE GREEK SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX NO. 1000-77-02-07 Jo SCALE 1"=20' OCTOBER 26. 2010 4e,UNNAMED STREET z6AREA f\ kAREA= 10.792 aq. ft. -;IS 8f•08'30j E x\ 0.248 ac. � sa \ 94.17' sA' On w \ NOTES• � I `O I � ?�•:-► 1.ELEVATIONS ARE REFERENCED TO N.A.V,D. 1988 DATUM L EXISTINO ELEVATIONS ARE SHOWN TRUS:Ae n �i00sucnooa 1 � f= ra - roa rc euuoao Tw.1°tea. .•�.: ae. - eoml or eulAwin T. - my[r ��� wem �• • it. - 801104 GF ar lIAIL 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO166H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED a 1sa •L • ZONE X: AREAS OF 0.276 ANNUAL CHANCE FLOOD;AREAS OF 17:ANNUAL CHANCE FLOOD WRH AVERAGE DEPTHS OF LESS THAN 1 FOOT �a�nw OR WITH DRAINAGE AREAS LESS THAN i SQUARE MILE; LJ •� " AND MEAS PROTECTED BY LEVEES FROM 1%ANNUAL CHANCE FLOOD. " �•°• > nnxu¢v h ' 1-�U4E2 STORT iAAL1E .N _ Ae Ir T 4 h oApAOC � � CYf'' maga In u•; x.x 8 ': W FINAL MA REVIEWED BY ZBA ro i R SEE DECISION#66175 Z I ,,..•I I t M1) RECEIVED e APR 2I Z011 N 86.08'30" W ,; ' ,60.00• H S' BOARD OF APPEALS OAX AVENUE 1W%1®M A[COMWCE�IIN M Y1wYW S1N�ON✓a4 IIW lilt[tiilL.tR A9 f51A9t61m f��➢�R 11.01 ��' nt Y dLi� CO 0'Pf• tk < Zik 61 WA u rs.L!< He eae7 ux"mla®wownl cR umvl mwa Nathan Taft Corwin III w10 P 11e slml�W W¢ i=txc uxo zuw.oaxs uwm sx er Land Surveyor iwmtinc ae"�r. citm�mm mmrrJJm rmulm la>Qa slx�xux Y 10 M pPSW lee•x]ll M SVRAT B Amvl®.Ila ax He 0!!NV TDM S-Ta=J.t.olmOM1 Jr.I.S. M.ntm° im°1 oaIw a JmTfi A Mgegno L5. miTMRIL.ttimGtMi1aT 3 m S 10b S-W-RWNW n-SH P1mw- Cawtruceon tywt PHONE(631)727-2090 1.(611)727-1727 THC 110 mf m or RIaRS or wAT OFFM LOCATED AT IJ/9AM ADD= AIO/OR LtYYaH15 Ot P[CO90.V Nn Ymka11917 Jamv:p f0.HnaYo6Ai 16917 ATR. HOT MO AHE HOr IZO.ITIEm. J • . 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STDRAGE 11110 I F 2r1.R ed FT. toTc omDe u.ou FRoMED 226% RECEIVED i y� 1 ^ 1 APR S�&Y-73 - 1 T T/ ✓f� 1�+ BOARD OF APPEALS *"� 'Pi:r9#�r9 5 Eta AL•'Y�1.P\T I r7 6 LG`Sl ED RRLN// YO YH E. NDiCt ti AS, cp, GARRETT A. STRANG .��.�L_ --g,el,1Z-m-Ne-1; s. s� vs.IL o v t-1J u E- TNOIIilrWINY 1'R!?AtImMINMrORMATgN architect SO UTH OIC?. H•Y. ' A aDRV[YFIADa r/N1ITIWITArT CARlNi.lAle ftIRYxTd1 AINroRr,ltle1/1'ORK DARW OCTDaGIL,2Ns 1230TrmlerStreet,P.O.0-1412 A4!•lG?&fes 4•a•11 TA!"Floc ,IEr�1-L7 G✓�YL•SH{r� .G.I� AuetevATmARoeoumt1piL sAREPMFVW mmlAVA'w DlSouthold.NawYork11971 s-1S-i1 JT '1 I'Low lesr*mrmnlocmm E DFN011 ph.631.785.5455,(x.631-765-5490 eFmi�lfr,2aF DrchiteDt0quixlletmet rwD.le T 10:21 1 OF t 1 - i EEEB El B J 'd! 1 • O •mtF HE Sc2UTN �I��VATIc�i�l �P.�T Fi1��VAT1c�4�1 -1 6GA1...G.. 1/b-= 1•-d-• SSI-.VF®rtl RC1 El —ti I u r RECEIVED M O f�Y H Fi L.��/A-r l O IJ W6'T t�1.tif�/AT I c::7 T-4 APR 212011 �iG.`4�- 1/b'•= 1•-O- X�L-� 1�+5"� 1'•o" BOARD OF APPEALS 1 TME 1:a fad-6 Yo Y F_17-A-r I r9 N6 GARRETT A. STRANG � architect • so OAK ��-4V>_ ., 6�tJTHf7t�t�, h.1.Y 1230 Traveler Street,p,O.Bei 1412 6G!IAS POTEt7 MOW Southold,New York 11971' OA" 4.16.11 5 S ph.831-765.5455,fx.631•765-5480 erchitect®quixnetnet r c °•10:21 yeP Z 00 - 1 1 '� KIY li to s—t-4 L1 IS w IY. 1 AI?FIe-�� P-PrFA caw i t z w 1 7 1 1 A - v 1 "" I A'H16H 9t1tLT-IN VI V 11-1 G V w~" f WTfs ¢9UNlM.Y! t:eMrYr66� � iD1Lb Il G4�ITve. ate/'K ` OWL—y-raClr.yi GG. Oli-M4M Ti eroa DD At�Y kil V I tr C&A r_Y Lt.., fl ros��v-1 <t-04. i 6wiT¢Y b.ln el„ OtaTPJUC. �(/lASY Fi4/ C j7 1 I I ky.I.G i I _ FINAL MAP ` REVIEWED BY ZBA SEE DECISION# uICN ur DATED �JIMpJW"y -jl_IL/ -2011 I QST 4= L- ALT. — -IAS OGA1—l..: V-f 1.-"1. Tnu P1z.vPaSEVTo TM�1:TdAT IdTJ� GARRETT A. STRANG VA I L- 1a���,� ►.� architect. mzm sa- v 5OLim. 1230 TrwMw Staff PA.9m11412 Ab NOnv `1/ k Soutldd,Now York 11971 3-a-11 -7' ph.831.785-5455,fx.531-785.5490 1mclabMtoqubmaLrot lo:sl 1-W Z 00 <e > KIYG4 cJ p Yu GtiWd4c_ I FINAL MAF' REVIEWED BY Z¢A DATEDcb 1,�$-.1�� 5-X 16`r I t,,I G, M+ou0D • ^"' PZ.2 YOS6fl AI.TP—>=A IONS GARRETT A. STRANG v IL >-E5iv�11 architect 6OJ TN JLC I.J.Y. 1230T—%,S-.%PA.D.1412 r S°Wd4N—Y°Ik11971 IL1+•I+ V 7 ph B31-785.5450,(.(131-765-5490 1 6 A4 ..h4°ct04W7°°tmt WL[iTs1 111 1 JFi 6"A a(po- ia P44 / (iq ° r BOARD MEMBERS *rsf soar Southold Towl'i Hall Leslie Kanes Weisman,Chairperson � y0�o 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing p� i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider 'YCQ��(r(,� Southold,NY 11971 http://southoldtown.northfork.netEC AVE J3 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD J 3 0 2014 Tel.(631)765-1809-Fax(631)765-9064 So hold wn k FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 24,2014 ZBA FILE: 6765 NAME OF APPLICANT:Jewell Gonzalez PROPERTY LOCATION: 1380 Waterview Drive, Southold,NY SCTM#1000-78-7-25 SARA 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 June 19, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a two story frame home and attached garage. It has 100.00 feet of frontage on Waterview Drive, 153.11 feet along the southerly property line, 125.00 feet along the westerly property line and 149.11 feet along the northern property line as shown on the survey dated Nov. 11,2003, last updated Jan. 14,2014 prepared by Young&Young LS. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's May 12, 2014 Notice of Disapproval based on an application for building permit for an addition to an existing single family dwelling,at; 1)more than the code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests a variance to construct a rear porch with lot-coverage proposed at 21.7%where the code'allows maximum lot coverage of 20%. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 10,2014 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties The rear and side property lines have a stockade fence and mature landscaping, which prevents the adjoining properties from seeing the proposed porch. The rear yard location of the proposed porch has a conforming rear yard setback and cannot be seen from the street. �1 Page 2 of 2—July 24,2014 ZBAt16765—Gonzalez SCTMN 1000-78-7 25 2. Town Law 6267-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 reduce the size of the porch to conform to the code; however, due to the configuration of the doors on the rear elevation of the existing dwelling this would not be functionally practical. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is not mathematically substantial,representing 8.5% relief from present code requirements. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new rear porch addition 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 (Chairperson),and duly carried,to GRANT, the variance as applied for, and shown on the survey prepared by Young & Young LS dated Nov. 11, 2003, last updated Jan. 14,2014 and plans and specifications, one page prepared by Stephen Rossetti,Architect dated 2/18/05. CONDITIONS: 1. The proposed roofed open porch,as applied for,shall not be converted to enclosed habitable space 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 ofAppeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code, This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board.• Ayes:Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). co Leslie Kanes Weisman,lChairperson Approved for filing /,��/2014 0 Young & Young gill 1 n ^wp 400 Ostrander Avenue, Riverhead, New York 11901 V 4 631-727-2303 P4 �•2Y N Howard 11. Young, Land Surveyor sd� ��� S8•e0 tg ��� i Thomas C. l►olpert, Professional Eng{neer a•jE S�•� -;t ,•, � 4P/ Douglas E. Adams, ProJesstonal Eng{neer' # E _ys� Robert C Task Arohiteet � s j• �� r ° fi QIP /i 00 W �� •/ / �v NOTES FT: � 4k ' �L• i ��(�Oji ��• •� ' �y� • FIRM FLOOD INSURANCE RATE MAP PANEL NO.S&IOSG0166 C, 6 LAST DATED MAY 4,1998. b <40 je, Q� j• �, �,d oou�j ';,�^ y ORS CERTIFIOATION l Be I �U .' 4 a ' $- ,b ^ TFINV# 7CPJ \��• ,q tpC , .W 0 v k�, S > 4y a 6r4 9.; �Qn moi. o A � r� �� ay �• �'JL � "6� y 'F �' .y PROPo9ED � 9a. a t�.r`•�!s' y� S O,r d PSH •� 4y. p DRAINAGE DES16N CRITERIA It =RD H.YOUNG,N.Y.S.L.S.NO.45893 PIN cf '1j a d' CALCULATIONS V•A R G fill q I �G//p' / µ ay� �� �'°'• 9�pryA Q i F JAREA of mleurARr SURVEY FOR .ye P J F R•RAMPALL I TJ coerrlclrxr 11r wlHOFr X PZMIPM JEWE t, Floor Z. GONZALEZ ° or .IDDZ SP x 2A2 x ID.5116 OF vo�Wi- �;� 0 .�� TOTAL•W6 or At Southold Town oP Southold a 41�• /3 O ob WV IA.DRYrCLL WITH A OAPAOITY OF 4224 OP/VP QRSN 9 .y ^ ( 9061F 142.24 OF/VF•72 VP R .zo 540folk County, New York 6 /Q^% use�-e DIA.x D•VE P ORYPOLL •356 er County Tax MOP Dl.idot 1000 s.ctIm'78 Block Ol Lot 25 _ M °/q�%°�/ a ,'9 .,pry c�W I EUILDIN& FERMIT SURVEY =6 ROOF •1559 SP x 2A2 x ID•260 OF aIATOTAL 260 01- D .OltnML WM A 6AFA4ITY OF 42.24 CPNIF ADDED DRAINAGE DESIGN 4 CALCULATIONS JAN.14,2014 pp � 00, RECEIVEp 2 2.24 OF/VF•6.1 VP REOUIRDD ADDED LOT COVERAGE JULY 91,2013 3 q use A)- DIA x V DEEP DWYCLL 950 OP ADDED 13UILDINS PERMIT DATA DEG.2T,2012 C �e LOT OVERAGE JUN b 2014 D' . FINAL SURVEY JJLY 28,200x' 0 txISTIND ob RD.K9 ADDED CERTIFICATIONS ONLY JULY 2T,2004 FRAre Hare 4 DARADE •2,622 50 Fr. •Ise% x�Rm FOUNDATION LOCATION JULY 15,2004 r rFArc D941W OVER •256 Da'FT• •12% �� ZONING BOARD OP APPEALS AMENDED SANITARY SYSTEM FEB.25,2004 6cb3 p •201 50 rr• .12% PAVEr@HT .1040 9F x 2A2 x ID.Irs or ADDED TEST HOLE FEB.2,2004 g ae \ TOTAL.175 or MAP PREPARED NOV.11,2003 ' d TOTAL•D 1 W.rT. •ID8% P •512 90.FT. •9.1% `� ITT G'/4224 o15-VIA.FREE"p".4.1 VVP�RLQIIR�ED4294 OFNF y� M TOTAL.9}9D sa Fr. .2L'1% P mom SCALE, 1•030' esE USE N-D•DIA.x 6'DEEP DRrMLL •253 OF JOB NO.2012-02'15 DWG.2003_0493_2oI2_0215J7p p p•HONlEa eer ■.rua•ar rouo A•6rAR'ser •.sr"2 roup p.nD rouo Ro.11aw•ova o.alo.er 18 APPEALS BOARD MEMBERS Mailing Address. ���$Q(/jy Tow Ruth D.Oliva,Chairwoman Southold n Hall�O� �l0 53095 Main Road-P.O.Box 1179 Gerard P. Goehringer Jit Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A.Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ����ll ,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEMD TOWN OF SOUTHOLD Ef,00#0A Tel.(631)765-1809-Fax(631)765-9064 FEB 2 7 2006 FINDINGS,DELIBERATIONS AND DETERMINATION c4cur MEETING OF FEBRUARY 2,2006 kali �G ZB File No. 5816—Thomas Landi Property Location: 950 Waterview Drive,Southold CTM 78-7-28 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTSIDESCRIPTION:The applicant's 14,892 square foot parcel has 100 feet along Waterview Drive in Southold, and is improved with a single-story frame dwelling and small storage shed as shown on the October 28,2005 survey prepared by Kenneth M.Woychuk, L.S. BASIS OF APPLICATION: Building Department's November 7, 2005 Notice of Disapproval, citing Section 100-244 in its denial of an application for a building permit to construct a proposed swimming pool, denied for the reason that the-lot coverage limitation is 20%,and the lot coverage is determined by the Building Inspector to be approximately 23.9%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 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 applicant wishes to construct an in-ground (kidney-shaped) swimming pool, with a 455 square foot increase over the existing 19.7% to 23.3%, data confirmed by the applicant's surveyor,Kenneth W.Woychuk. 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 for an increased lot coverage will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's request is to allow an increase of 455 square feet of lot coverage for the proposed swimming pool, increasing the total area of building coverage on this:14;892:square foot lot to,23:3%r;;,The swimming pool construction will be screened from view from the street and will be located in the code' permitted rear yard. As a condition to this variance, the applicant is required to locate the swimming pool at a minimum (rear) setback at 15 feet from the southerly property line, instead of the applicant's requested seven (7)feet shown on the October 28, 2005 survey, and at least 20 feet from the westerly(side)property line. r 0 l Y ~ Page 2—February 2,2006 C",, ZB File No. 5816—Thomas Lant":--- CTM No.78-7-28 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The percentage of building area on this lot is 19.7%(20.3% includes an outdoor shower and minor areas). 3. The variance granted herein is substantial at 23.3%, which is 3.3 percent greater than the 20% limitation under the zoning ordinance. 4. The difficulty has not been self-created 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the landowner (applicant) to enjoy the benefit of a 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 Chairwoman Oliva, seconded by Member Weisman, and duly carried,to GRANT the variance to locate an in-ground swimming pool at a minimum of 20 feet from the westerly side property line as applied for, as shown on the October 28, 2005 survey prepared by Kenneth M. Woychuk,L.S.,and subject to the following Conditions: 1. That the pool be not less than 15 feet to the south/southwest(rear)property line. 2. That the rear yard behind the pool be screened with a minimum 4 ft. high evergreens, the full length of the pool,6-8 feet apart. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. Member Goehringer was absent. This Resolution was duly ad d(4-0). a_ C.x OC, Ruth D.Oliva,Chairwoman 2/24/06 Approved for Filing S.C.T.M.NO. DISTRICT.1000 SM..I:78 BLOCL:7 LOTS}28 r WATERVIEW(50') DRIVE MOIL S57' 2.00"K 100.00' m LY c 350,00' LY � � a ' w x BLUE STONE DRIVEWAY O � O � .A EMCN WADE wwmoO BRICK STDov .Z1 24.3' F 7 ' 24.6' 14.6'— < N 16.9l?1 N GARAGE h M I STY FRA. DWELLING 8950 8.6' 2.4'—— a OS'E x- 17.2' —— OUTDOOR o c it ENCLOSED + SHOW of 15.7' V PORCH WOO 23.1' STOOP WOOD D 10 W W BUILDING ENVELOPE FOR PROPOSED SWIMMING POOL\ LA rW 32'-9 vI V PROPOSED °T WGROUND 11.7' SWIMMING POOL b GI I' O 20.8' • '"T D.3 13.9' O ZION °T FRA. SHED N57^42100 E 100.00' % 2.940 SO.FT. EXISTING COVERAGE OR 19.78 THE WATER SUPPLY,HELLS AND CESSPOOL LOCATIONS SHORN ARE FROM FIELD OBSERVATIONS AND OR DATA 09TAWED FROM OW-R& AREA:14,892.58 a .ft. 0.34 acres ELEVATION DATUM: UNAUTHORIZED ALTERATION OR ADDITION TO NMS SURVEY 6 A WOLARON OF SECTION 7209 Or WE NEW YM STATE EDUCATION LAW. COPIES Or ROS SURVEY MAP NOT BEARING ME LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE CPM GUARANTEES eVOICA IED HEREON SHALL RUN ONLY TO THE PERSON FOR IRON THE SURVEY IS PREPARED AND ON HIS BEHALF TO WE NNE COMPANY.GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON,AND 70 WE ASSIGNEES OF THE LEAUNC MVSTITURONN,GUARANTEES ARC NOT TRANSFERABLE. WE OFFSETS OR DIMENSIONS SHOW HEREON FROM WE PROPERTY LINES T'0 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARC NOT INTENDED TO AMIANENT THE PROPERTY LINES LIR TO GMDE THE ERECTION OF FENCES ADDITIONAL STRUCTURES OR AND OWER IMPROVEMENTS CASEMENTS ANO/OP SUBSURFACE SWUCRIRES RECORDED OR UNRECORDED ARE Nor GUARANTEED UNLESS PHYSICALLY EVIDENT ON INC PREMISES AT THE TIME OF SURVEY SURVEY OR DESCRIBED CERTIFIED TO:THOMAS J. LANDI; LINDA G LANDI MAP OF: FILED: SITUATED AT:BAYWEW TOM OF:SOUTHOLD ALU. WOYCBOK LS.WOYCHIJK LS... SUFFOLK COUNTY, NEW YORK Lend Surveying and Design / ML 44>,oa P.O. Boz 9, NstUtuck.New York, 11952 FILE o 25-134 SCALE-- 1'=20' DATE:OCT. 28, 2005 PHONE(831)8C0-11135 rax(031)Zoe-1588 R Y.S.UC N0.50727 mal.Wal"tae­W,of Robmt J.Rtn F BOARD MEMBERS �QF S0(/jSouthold Town,Hall Leslie Kanes Weisman,Chairperson ��� Ol0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning '® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU NT`1,� Southold,NY 11971 http://`southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631)765-9064 January 12, 2017 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA File#7001 Wasilausky 105 Private Road SCTM No. 1000-77-3-25 Dear Sir; Enclosed is a copy of the Zoning Board's January 5, 2017 determination filed today with the Town Clerk regarding your application. Sinc rely, Kim E. Fuentes Board Assistant Encl. 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