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HomeMy WebLinkAbout7011 er I - CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file 4/1 Pull ZBA c( ) opy of ND ( ) Check file boxes for prio 0 a a ( ) Assign next number on 1 m outside of file folder 5, _a, ( ) Date stamp entire origh ° . file number -7 -U rn N rn N ( ) Hole punch entire origi l X 0 m w w rn � (before sending to T.C.) — 0; m :1 "' U' ( ) Create new index card N- M W ;L m CDX C CO -' � .p• � ( '} Print contact info &tap( CO z CO m ( ) Prepare transmittal to T COo "' v _ CO ; CL ( -} Send original applicatior C° w c n to Town Clerk - .r ( ) Note inside file folder w, 6 CO and tape to inside of fold ( ) Copy County Tax Map; h Neighbors and AG lots - ( } Make 7 copies and put v 0 ( } Do mailing label ° 0 fA L r Er A5 � - v�?yam►, 7f' l J '�/�u`� - iA BOARD MEMBERS ®F $®(�� Southold Town Hall ®�� y Leslie Kanes Weisman,Chairperson ®l 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'Pp ® a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®UNTY,� Southold,NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS A` t 10(A TOWN OF SOUTHOLD FEB 2 2�j2017 Tel.(631)765-1809•Fax(631)765-9064 o old To`'{ Swn Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16,2017 ZBA FILE: 7011 NAME OF APPLICANT: Kenneth B. Zahler ROPERTY LOCATION: 63735 County Route 48, Greenport,NY SCTM No. 1000-40-1-20.2 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 not referred as required to the Suffolk County Planning Department under Administrative Code Sections A 14-14 to 23. 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 20, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the LWRP Coordinator's recommendation in a Memorandum dated January 3, 2017 that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming 2.720 acre parcel located in the R-80 Zoning District. The property along the North Road, CR 48 measures 127.63 feet on the southerly property line, 150.29 feet on the boundary line along the Long Island Sound, 919.05 along the westerly property line and 976.71 feet along the easterly property line. The property is improved with a two story single family residence with an attached garage, an attached wood deck and an accessory in- ground swimming pool, all as shown on survey prepared by Nathan Taft Corwin, III, L.S. last revised January 31, 2017. BASIS OF APPLICATION: Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as built" fence, at: 1)more than the code required maximum four(4) feet in height when located in the front yard; located, at: 63735 Suffolk County Route 48, (Adj. to the Long Island Sound) Greenport, NY SCTM#1000-40-1-20.2. RELIEF REQUESTED: The applicant requests a variance for the height of an as built fence surrounding an as built swimming pool, which, at approximately 6 feet in height, exceeds the code permitted maximum height of four(4)feet in the front yard. Page 2, February 16, 2017 #7011,Zahler SUM No. 1000-40-1-20.2 ADDITIONAL INFORMATION: In a prior decision by the Zoning Board of Appeals dated April 16, 2015 (#6851), the applicant was granted relief as amended to erect perimeter deer fencing located+/- 400 feet from CR Route 48 pursuant to his survey depiction. In a letter dated September 29, 2016, the applicant requested a de-minimus determination to re-configure the approved fencing and asked the Zoning Board Chairperson to approve alternate "as built" fencing having 6 feet in height around the in- ground swimming pool located in the front yard. The Chairperson determined that a portion of the as built fence was not de mininus and that the applicant would need to apply to the ZBA for additional variance relief. On October 17, 2016, the applicant submitted a letter in which he stated, "We believed that the fence actually constructed which was much less than what we had received permission for would be covered by the permit. The fence as it exists does not go as close to the road, nor as close to the westerly neighbor as the permit allowed." FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on 2./2/2017 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 V67-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. At 400 feet+/-the as built fencing is setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard and is not visible from CR 48. 2. Town Law V67-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant cannot erect six foot high fencing anywhere on his property in a front yard location, regardless of the proposed front yard setback,without variance relief. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the impact is mitigated by the 400 foot+/- setback from the public road, and the fact that the as built 6 foot high fencing around the pool area, which has been screened with evergreen plantings, is substantially less that the 8 foot high perimeter deer fencing previously approved by the Board(ZBA# 6851). 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 non-conforming fence height around the as built swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, February 16, 2017 #7011,Zahler SUM No. 1000-40-1-20.2 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 Weisman(Chairperson), seconded by Member Schneider, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin III, L.S., last revised January 31,2017. SUBJECT TO THE FOLLOWING CONDITION: 1. Any future additional non-conforming fencing on the subject property will require a building permit from the Building Inspector. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning and Dantes. (Member Goehringer not present) This Resolution was duly adopted(4-0). CLj � 'L� Leslie Kanes Weisman, Chairperson Approved for filing / /2017 SURVEY OF LOT 2 MAP OF PR OPER T Y �! ANTHONY & SALLY PIRRERA CC FILE No. 8758 FILED JANUARY 7, 1989 -; SITUATE C_� GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-40-01 —20.2 SCALE 1 "=40' SEPTEMBER 5, 2013 O MAY 22, 2014 FOUNDATION LOCATION O) JULY 16, 2014 ADD DRIVEWAY DRAINAGE �r AUGUST 10, 2015 FINAL SURVEY 4 JANUARY 31, 2017 FINAL SURVEY FOR POOL '� AREA = 118,485 sq. ff. 2.720 cc. CER TIFIED TO: BRIDGEHAMPTON NATIONAL BANK p, FIRST AMERICAN TITLE INSURANCE COMPANY KENNETH B. ZAHLER 4V 41 O y A;- Ae 0 o� m� 3 w 01 a 0 01. N 1� �O a J �o o= G� N, 00 0��4 WSJ' 2O �R � tiro. f�PMp F, •y p �� Wp1y 5-0 y pP� A o°y° ; cc6ps 95 �. 15 S W� NOOW G C. rn W\NOO�y Ope '�y25 w� S� ��GK GONG VN\� �� SOON 4 N SEPTIC SYSTEM TIE MEASUREMENTS oR e a ° 253 HOUSE HOUSE CORNER CORNER �B SEPTIC Se�PK • oil, COVER TANK 25.5' 59' y� 7A � a LEACHING POOL COVER 46' 61' N\NO LOGK c^ IS 9 A� 6 cy d �'P cry o- O 9� ram, O S o- m � f1 o o M c �^ STONE F� z < WALK \ti`n G N ba �O �Ao 4- 74 s� \ �O a 0 \ £ L l !s yj_ 00 P �V W \ 7 m "01 O �F F q0 j �'� 1 < O , 0 V` STON s �o 0� E 8�S WALK 4 h r18 . R2S cv �ry N so - 'S6Ai,.n. �o All Eli� 00 a -^ F\ r. NG• 04 ss NrL / QP I K � i9LO FINAL MAP REVIEWED BY ZBA 0� SEE DECISION # r7b,I DATED /_L� / PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. �r N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION Nathan T of t Corwin TO THIS SURVEY IS A VIOLATION OF Ill SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 FOX (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 t D 1,61-r: `OFFICE LOCATION: �I S® y® MAILING ADDRESS: -� Town Hall Annex �® l® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 9 (cor.Main Rd. &Youngs Ave.) CA ac Southold, NY 11971 • �p� Telephone: 631 765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECENED ZONING 60ARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date January 30, 2017 Re: Coastal Consistency Review for ZBA File Ref KENNETH ZAHLER#7011 SCTM# 1000-40-1-20.2 KENNETH_ZAHLER#7011 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as built" fence, at: 1) more than the code required maximum four(4) feet in height when located in the front yard; located, at: 63735 Suffolk County Route 48, (Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney 1 •y ^i 1 FORM NO. 3 NOTICE OF DISAPPROVAL OCT 2 O 201 D y� 6 DATE: October 14 YOI6=--�C� . TO: Kenneth B. Zahler 63735 Route 48 Greenport,NY 11944 Please take notice that your application For permit to legalize an "as built" fence at Location of property: 63735 Route 48, Greenport,NY County Tax Map No. 1000- Section 40 Block 1 Lot 20.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105, which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. "When located in the front yard of residential zones, the same shall not exceed four feet in height" The "as built"k"undin2 the North and West sides of the swimming pool exceed this height. r Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. / RECEIVED Fee:$ Filed By: Assignment No. 2 0 2016 ZONING BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VA AN�CE House No. Street ® 41&Alf— �-Ia let Are SCTM 1000 SectionBlockjLot(s) ;10soQ7aot Size ZoneIff d - -- - - I(WE)-APPEAL T-HE WVJTTEN DETERMINATION OF THE BUILDING-INSPECTOR. DATED_a -1j-1k BASED ON SURVEYY/SITE PLAN DATED Owner(s): .� ®'J� �° �,�� L ✓�✓i'� �E���'dlf� Mailing Address: Telephone W 6ax• — mail NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: (; pplicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED / and DENIED AN APPLICATION DATED FOR: ( )Building Permit ( Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,'Subsection of Zoning Ordinance by umbers.Do not quote the code.) Article: Section: Z-01le Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. O Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ( has, ( ) has not been made at any time with respect to this property, Year(s). ® . (Please be sure to UNDER Appeal No(s). R research before completing this question or fffll our office f r assistance) Name of Owner: ^ ®r 2®® ZBA File# /PP710 ! RECr IVED Name of Owner: ZBA File# OCT 20 2016 REASONS FOR APPEAL (Please be specific, additional sheets may be used iZl K9aQ 4RD OF APPEALS signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 2.The benefit sought by"the applicant CANNOT be achieved by some method feasible fof the applicant-to pursue,other than an area variance,because: 3'.The amount of relief requested is not substantial because: ® el4P_ 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? { } Yes,or{ }No Why: Are there any Covenants or Restrictions concerning this land? { } 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. 01 Signature7T—XW1Gfl<or Authorized Agent (Agent must submit written Authorization from Owner) Swo t b ore me this 18 day of 20 t-b-n L Notary Public CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 QualiW in Suffolk County Commission Expires April 14,2 �-b APPLICANT'S PROJECT DESCRIPTION APPLICANT: . A ATE PREPARED: a 1.For Demolition of Existing Building Areas RECEIVE Please describe areas being removed: O C T 2 ® 2016 11.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: / Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed. f yes, please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or ructural Changes) (Attach extra sheet if necessary). Please describe building are Number of Floors and General Characteristics BEFORE Alteratio 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: Percentage of coverage of your,lot by building area: r V.Purpose of New Construction: VI.Please describe the land contours (flat,slope %, heavily wooded, marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit-8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE �� /( FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises ' ed on the real estate market for sale? T 2016 Yes No B. Are th�xe-any proposals to change or alter land contours? ZONING BOARD OF APPEALS No Yes please explain on attached sheet. _C. 1.)Are there_areas that contain sand or wetland grasses?__ 2.)Are those areas shown on the survey submitted with this application? �- 3.)Is the prope bulk headed between the wetlands area and the upland building area? P 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/141 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? ;)Le If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel?� If yes, please label the proximity of your lands on your survey. / I. Pease list prese t use or operations conducted at this parcel �`s1, 0.7 t. a and the proposed use (ex:existing single family,proposed-same with garage,pool or other) Authoriz d signature and Date RECEIVED AGRICULTURAL DATA STATEMENT O C T 2 0 2016 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by tl:e applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address-of Applicant: .. _ 3. Name of Land Owner(if other than Appli ant): /(AaT 4. Address of Land Owner: 5. Description of Proposed Project: C C' 6. Location of Pr p (road and Tax map�© number) 7. Is the parcel within 500 feet of a farm oper ti n? { } Yes � o 8. Is this parcel actively farmed? { } Yes No 9. Name and addresses of any owner(s)of land-within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of A ant Date Note• 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2 Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on'current information. 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. Part 1-Project and Sponsor Information RECEIVED Name of Action or Project: Project Location(describe,and attach a location map): ZONVIG BOARD OF APPEALb Brief Description of Proposed A ion: Name of A ant sor: Telephone: E-Mail: Addres City/PO: Stat ZiV_'_'V � p Cod ®�` _�"I 1.Does the propose ction only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that / may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page ] of 4 /ED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? 0 C T 2 0 2016 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of thM Q ui t or na ura S NO I 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? ' 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 j YES If No,describe method for providing potable water: .0 / 11.Will the proposed action connect to existing wastewater utilities? ®V NO YES If No,describe method for providing wastewater treatment: d�;, 9�m 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Ider�ify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: p Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 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? ZNO❑YES b.Will storm water discharges be directed to� J estab is ed convey an systems(runoff and storm drains)? "If Yes,briefly describe: ❑NO YES l ry it, Page 2 of 4 r 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 name: v Kat 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 act a.EIVE1) V ,CTL.. No,or Moderate, - . small to large ;BOARD`t7F APPEALS' 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 j 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. 1 RECEIVED OCT 2 0 2016 ZONING BOARD OF APPEALS i ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer'in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)' Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : kA4 — (Last name,fir9t ame,mid le initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) ��v c!I TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit Variance Trustee Permit - -Change of Zone Coastal Erosion 0 C T - 2016 Approval of Plat Mooring ZONING BOARD OF APPEALS Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of Q�20�� Signature Print Name A Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM OCT 2 O 2016 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. -------- 2-----Before-answering-the-questions-in-Section-C;the-preparer-of-this form-should-review the-exempt--- ----- minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board 11 Planning Dept. Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital I construction, planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: / lJ i - .i r Location of action: Site acreage: -2 Present land use: 4^g— Present zoning classification: "O< 04e 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:- -- -� --------------- - - (b) Mailing address: _ A6 (c) Telephone number:Area Code (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? REOtIVEC1 Yes ❑ No If yes,which state or federal agency? DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. AA ❑Yes ❑ No Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable-please explain) • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes E No (Not —please explain) �l RECEIVED Attach additional sheets if necessary ZONING BOARD OF APPEALS NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 0 No 'ems (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ro Yes E No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No (Not Applicable—please explain) RECEIVED'��� OC1 2 0 Z i TONING BOARD OF A PPEMS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeL No Wot Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No lklTot Applicable—please explain) RECEIVED zuiql!qG BOARD OF APPEALS Attach additional sheets if necessary r _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 U Not Applicable-please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No t� of Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No of Applicable—please explain Town of Southold r Ae�� 9/11/2015 P.O.Box 1179 o • 53095 Main Rd RECEIVED y�oa Southold,New York 11971 0 C T 2 0 2016 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 37772 Date: 9/11/2015 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 63735 CR 48,Greenport SCTM#: 473889 Sec/Block/Lot: 40.-1-20.2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/10/2014 pursuant to which Building Permit No. 38733 dated 3/26/2014 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: one family dwelling with decks, second floor deck and attached 3 car garage as applied for. The certificate is issued to Zahler,Kenneth&Joann of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-13-0059 9/3/2015 ELECTRICAL CERTIFICATE NO. 38733 9/10/2015 PLUMBERS CERTIFICATION DATED 9/1/2015 Richard Gatto uth • ed S' ature TOWN OF SOUTHOLD BUILDING DEPARTMENT y a TOWN CLERK'S OFFICE 5 • SOUTHOLD, NY 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#: 40526 ECEIVED Date: 3/15/2016 Permission is hereby granted to: - OCT 2 0 Z016 Zahler, Kenneth ZONING BOARD OF APPEALS PO BOX 754 Cutchogue, NY 11935 To: construct an in-ground swimming pool as applied for. At premises located at: 63735 CR 48, Greenport SCTM # 473889 Sec/Block/Lot# 40.-1-20.2 Pursuant to application dated 3/10/2016 and approved by the Building Inspector. To expire on 9/14/2017. Fees: SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00 CO - SWIMMING POOL $50.00 Total: $300.00 ,LR Building Inspector APPEALS BOARD MEMBERS F ` Southold Tows Hall Gerard P. Goehringer, Chairman ��Q, 53095 Main Road James Dinizio,Jr. � '-�� P.O. Box 1179 Lydia A.Tortora :,? Southold,New'York 11971-0959 Lora S. Collins �?; �►.., �*F ZBA Fax(631)765-9064 George Horning ?lp1 �� Telephone(631)765-1809 BOARD OlF APPEALS �a TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ���• r�,'-r� MEETING OF'JOLY 19, 2001 ijL I9 2% Appl. No. 4968—EDGE.WATER.11. LLC Parcel No. 1000-40-1-20.2 STREET& LOCATION:' '6373 C'.RI 48, Greenport 20NING BOARD CF APPEALS DATE OF P06LIC HEARING. :July f2, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in ereenport with frontage of 128 feet on the North Road and 150 feet on the Long Island Sound,with depths of 977 feet(east),and 919 feet•(west):-, The approximate distance from the North Road property line to the top of the Sound Bluff is 810 feet(east) and.725 feet(west). BASIS OF APPLICATION: Building Inspectors, May 1, 2001 •Notice of Disapproval, denying a permit to build;a newishgle-family dwelling because the proposed house: (1) has•a.third story, in violation of the 2-1./2 story limit.in Code Section 100-32, and (2) has an elevator shaft higher than the 35-foot limit in Code.Section,100-32, AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing Construction of a'single-faniily'house;[with dpperfloor area shown on architectural plans,dated 7/9/01 prepared by Ira Haspel Architect,•P.C. (Job ref. 202101)]. REASONS,FOR BOARD ACTION: DESCRIBED BELOW: On the basis of testimony presented, rhaterials i6b6i,itteo and personal inspection,the Board makes the following findings: 1. Tlie architectural plaits show a third-floor bedroom suite of 990 sq. ft. The ground floor footprint is 4357 sq.ft. and the second floor covers 2415 sq. ft. Applicant states that the third floor was designed to comply with the•Code definition of a half story, but presented no measurements to support-that statement: The Board will treat the matter of the third story as a request for a variance. 2. The proposed house;has-an irregular roofline made up of various sloping elements with numerous angles. As read from the•'plans, the maximum roof height is about 37-1/2 feet while the average'from eaves to, peak is about 32 feet, within the 35-foot limit of the Code. The square footage of the third-flgor,bedroom suite is less than 25 percent of the•ground floor footprint, and-the presence of the third floor does not affect the compliance of the rdoMne,with thal&footlimit. 3. The proposed house,has a large chimney-that appoars,,from`.the plans,;to:,be about 41- 1/2 feet high, Chimneys higher than 35 feet are permitted by Code section 100-230(13) ' The height of the elevator shaft is•equal to the highest roof peak, and several feet lower than the chimney, 'Elevatlon drawings show the chimney as a prominent feature while'the top; of the elevator-shaft is a less prominent element of the irregular roofline. Page 2-July 19, 2001 J (�1 ZBA'Appl. No.4968—Edgewater II, LLC h �i Parcel 1000-40-1-20.2 at Greenport t RECEIVED OCT 2 ® 2016 ZONING BOARD OF APPEALS I 4.The proposed.b,ouse is.set back about;SQQ feet,from-the.North,Road,Apd,has side yards of-20 and'25•feet. There is no evidence that the design'or-sitinng of;the house poses any threat to the character of the area. i 5. Based on the foregoing factors, the Board concludes that grant of.the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to.nearby properties. 6. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 7.The action set forth below is the minimum necessary to j enable applicant to build a house in accordance with his plans while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. ,RESOLUTION/ACTION: On motion by Member-Collins,.seconded by Member Dinizio, it was- RESOLVED, to GRANT the application as applied tpr, authorizing construction for the house as proposed with a third-floor bedroom suite and elevator shaft shown on the architectural house plans,dated 7/9/01, SUBJECT TO THE CONDITION that a comprehensive fire-prevention, system must be operative throughout the house at all times. (indoor sprinkler system)'. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the,Zoning Code, other than such uses,-setbacks and other features as are expressly addressed in this action. Vote .of the Board: Ayes: Members Goehringer,(chairman), Dinizio,Tortora, and Collins. This Resolution was duly adopted (4-0). R P. GOE RIN R, G 1RMAN j 1,)EC.ta1V�D FILE� Tat- SOUyHC D TOWSN CL" T ��aLt(01 TOUR T©tp,Yn U1.,zl:, Town of Soufit:otc' i '- ... ; .. , - ..,, .,. .,. ,-. .,r_ . ...,..,,c.. .,aS ttb.c;i' r:'u,n.u.0 .. ,4^.,,,, c•5? sS r, iv i :s4mzi' .aisuVl:'B APPEALS BOARD MEMBERS �QSVFfQ��I'CO O G Southold Town Hall - Lydia A.Tortora, Chairwoman y� ,} � I 53095 Main Road Gerard P. Goehringer � !�'' P.O. Box 1179 George Horning O .F RECE thold,New York 11971-0959 Ruth D. Oliva y?j�l ��O �BA Fax(631)765-9064 Vincent Orlando o C T 2 phone(631) 765-1809 t p: toutholdtown.northfork.net BOARD OF APPEAI�61\11NG BOARD OF APPE TOWN OF SOUTHOLD WCEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 10, 2003 JUL 2 9 2003 Appl. No. 5330- EDGEWATER II, LLC Property Location: 63735 C.R. 48, Greenport; CTM 40-1-20.2. Soul old Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 91-9 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet (east line) and 725 feet (west line). BASIS OF APPLICATION: Building Department's March 11, 2003 Notice of Disapproval, citing Section 100-32, in its denial of a building permit to construct a new dwelling with a third story, instead of the code limitation of 2-1/2 stories and/or exceeding 35 ft. maximum height, (Note: Building Permit #27980-Z was voided by the Building, Department based on a different dwelling design and construction details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant has revised the construction design of the proposed single-family dwelling as shown on the 'Job No. 209902' Plan, Sheets A2-1 and A2-2, prepared by Ira Haspel, Architect, P.C. The third level design was revised by applicant to 1138 sq. ft. for the third-floor bedroom suite, instead of the previous request of 990 sq. ft, REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The architectural plans show a third-floor bedroom suite of 1,138 sq. ft. The ground floor footprint is 3,458 sq. ft., and the second floor covers 2;041 sq. ft, The presence of a third floor does not affect the Page 2—July 10,2003 Appl.No.5330—Edgewater II,LLC ` 40-1-20.2 at Greenport y,✓/f�/� RECEIVED OCT 2 0 2016 ZONING BOARD OF APPEALS compliance of the roofline with the 35-ft. limit. Applicants state that the third floor was designed to comply with the Code definition of a half story, but presented no measurements to support the half story. The Board will treat the matter of the third story as a request for a variance. 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 proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. limit. 3. The requested area variance is substantial since 35 percent of the house is based on a variance to complete the third floor. 4. The difficulty was self-created when the applicant designed the house with a third floor which did not conform to Code requirements. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The proposed house is set back approximately 520 feet from County Route 48 and has all required side yard setbacks. Based on the foregoing factors, the Board concludes that granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 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 Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for and shown on the revised plans (`Job No. 209902' Plan, Sheets A2-1 and A2-2) prepared by Ira Haspei, Architect, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Horning.) This Reso[Vtion wa d 3-0). Lydia A ortora, Chairwoman—Approved for Filing 7/o-,1/03 1 APPEALS BOARD MEMBERS OF S0 ' Mailing Address: Ruth D. Oliva,Chairwoman �o�� yQ0 Southold Town Hall Gerard P. Goehringer 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. erg ac Office Location: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman Comm 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net A�2Olt RECEIVED RECEIVED ZONING BOARD OF APPEALS /,415_14M TOWN OF SOUTHOLD OCT 0 2016 MAR 2 2006 Tel.(631)765.1809•Fax(631)765-9064 ? ZONING BOARD Otv,a r, ._ z,FINDINGS, DELIBERATIONS AND DETERMINATIONSoufiiuldTGv: ri MEETING OF FEBRUARY 2, 2006 Appl. No. 5815- EDGEWATER II, LLC Property Location: 63735 C.R.48,Greenport CTM 40-1-20.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line), The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet(east line)and 725 feet(west line). BASIS OF APPLICATION: Building Department's October 19, 2005 Notice of Disapproval, citing Section 100-30A.3, in its denial of an application to amend their request, for structural alterations above the second floor area of this proposed new dwelling. The reason stated by the Building Inspector for disapproving the amendment request is that the zoning code bulk schedule restricts the number of stories to 2-1/2, and the proposed amendment differs greatly from the plan approved under ZBA Appeal No. 5330 concerning the third floor construction area. 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: Applicant revised his plans as shown on the 10/26/05 construction design of the proposed single-family dwelling, shown on the 'Job No. 223705' Plan, Sheets Al and A2, prepared by Ira Haspel, Architect, P.C., reducing the size of the third level design to less than the original size(original size was for 990 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is situated on one of three parcels as a family compound, sharing a common drive. The architectural plans show a third-floor bedroom suite of 1,138 sq.ft. The ground floor footprint is 3,458 sq.ft., and the second floor covers 2,041 sq, ft. The presence of a third floor does not affect the compliance of the Page 2—February 2,2006 — _u Appl. No.5815—Edgewater II,LLC CTM Parcel 40-1-20.2 at Greenport RECEIVED (` OCT 2 ® 2016 ZONING BOARD OF APPEALS roofline with the 35-ft. limit. Applicant states that the third floor was designed to comply with the Code definition of a half story, but presented no measurements or evidence to support the half story claimed. The Board will treat the matter of the area above the second floor as a request for a variance from the 2-1/2 story code restriction. 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 proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. height limit. 3. The requested area variance is substantial since the overall area has been reduced from 6,449 square feet to 5,941 square feet, and sprinklers will be installed throughout the house. 4. The difficulty was created with the design and plan submitted by the applicant. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The house is approximately 500 feet from County Route 48 and will comply with all code-required side yard setbacks. 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 Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for and shown on the revised plans (Job Plan No. 2237505, Sheets Al and A2)and Comparison Site Plan last dated 11-10-05, prepared by Ira Haspel Architect, P.S., subject to the following Conditions: 1. That the two green signs installed illegally on utility poles in front of the applicant's property be removed and installed in accordance with the town codes, and 2. That a comprehensive fire suppression system shall be installed and operative throughout the house at all times. (Same as condition written under ZBA#4968). 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. Absent was: Member Goehringer. This Resoluti as duly adopted Ruth D. Oliva, Chairwoman c� /.?A-/06 Approved for Filing BOARD MEMBERS so Southold Town Hall �oF rry Le"slie Kanes Weisman,Chairperson � Q 53095 Main Road•P.O.Box 1179 h0 �4 Southold,NY 11971-0959 Eric Dantesicic Office Location: Gerard P.Goehringer A e Town Annex/First Floor,Capital One Bank -.George Horning �`� � �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'�'CoUfVTV,�1 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 2 9 2015 uthotd ToRwec Cie 8 * "FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 16,2015 o c i 2 ® 2016 ZBA FILE 6851 ZONING BOARD Of APPEALS NAME OF APPLICANT: Kenneth and Joann Zahler SCTM#1000-40-1-20.2 PROPERTY LOCATION: 63735 County Route 48•(aka North Road)(adj.to Long Island Sound)Greenport SEORA-DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 11, 2015 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 March 24, 2015. 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: Premises is improved by a new two story home under construction. The, parcel is 2.72 acres, located in a R80 Zone Districi. The premises has 150.29 feet on L.I. Sound to the north west, 919.05 feet westerly side, 976.71 feet on the northeasterly side and 127.63 feet on southerly side on CR 48. The home is accessed via a shared driveway by the applicant and the owners to the west and the easterly side of the subject property, each of which have separate rights of way•branching off of the shared driveway access,all shown on a survey produced by Nathan T. Corwin,III,LS,dated September 5,2015 last revised July 16,2014. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-1050 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct a deer fence, at; 1) deer fence proposed in location other than side and rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an 8 foot high deer fence in the front yard where the code allows side and rear yard locations only with a permit obtained from the Building Department, AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. At the hearing, the applicant was asked to reduce the amount of deer fencing that was proposed in the front yard area and to increase the setback from CR48. The applicant was asked to set the fencing closer to his ` 11 r I RECEIVED Page 2 of 3—April 16,2015 ®C ZBA46851—Zahler Al ` O C T 2 ® 2016 SCL M#1000-40-1-20.2 dwelling thereby removing several hundred feet of proposed fencing in the area where;R1Ni R91tf9%sP and west enter and exit their respective parcels off of the shared ROW on the applicants' property. On April 7, 2015 the applicant submitted a letter and copy of a survey with a new plan reducing the perimeter of the proposed deer fencing. The proposed new plan submitted, is increasing the setback of the fencing to approximately 400 feet +/- inland from C.R. 48, however still in the front yard. By increasing the distance of the deer fencing, there will be less visual impact from the County Road. ADDITIONAL INFORMATION: There are prior variance applications on this property under a prior owner and none were acted on. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2,2015 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 267-b(3)(b)(1).- Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deer fence will be located approximately 400 feet from a public road(CR 48). Safe access to the two adjoining parcels will NOT be affected by the fence location as amended. The applicant proposes to install evergreens and additional landscaping along the fencing to further screen the fence from public view off CR 48, The deer fencing as proposed in the amended application is setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant cannot erect deer fencing anywhere on his property that is in a front yard location,regardless of the proposed front yard setback,without variance relief. 3. Town Law 267-b(3)N(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the substantiality is mitigated in the amended application by reducing the amount (depth) of deer fencing in the front yard, increasing the setback from a public road, and installing landscaping that will visually screen the deer fencing in the front yard from CR48 and the adjoining properties 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 proposed deer fencing, as amended, will have virtually no visual impact on the adjoining properties or CR 48, a public road. Safe ingress or egress to dwellings owned by the applicant and the adjoining property owners will not be adversely affected by the location of deer fencing in a front yard, as amended. Access to the 3 electric meters on the applicant's property that service his own and the two adjoining parcels will remain on the outside of the fencing, as shown in the amended survey/application, leaving it available for meter reading. 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 §267-b. Grant of the requested relief as amended is the minimum action necessary and adequate to enable the applicants' to enjoy the benefit of deer fending in part of the 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 Goehringer, seconded by Member Weisman (Chairperson),and duly carried,to Page 3 of 3—April 16,2015 ZBA#6851—Zahler SCtf M#1000-40-1-20.2 DENY, the variance as applied for, and shown on the Survey with the fence hand drawn prepared by Nathan T. Corwin III,LS, dated September 5,2015 last revised July 16,2014,and GRANT the variance relief as Amended as shown on the survey date stamped received on April 7, 2015 by the Zoning Board of Appeals showing the proposed deer fence at 400 +/- feet from CR 48 and the applicant's letter dated April 7,2015, Subject to the following condition: CONDITION: 1. The applicant must submit a final survey to the Board of Appeals showing all improvements on the parcel, including all deer fencing, as granted herein and described above 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 variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter'280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Homing,Dante,Goehringer.Absent was Member Schneider. This Resolution was duly adn,pted(4-0). RECEIVED Leslie Kanes Weisman, Chairperson Approved for filing 1� /_7 j /2015 OCT 2 0 2016 / ZONING BOARD OF APPEALS Pictures for ZBA application 10-19-16 from Kenneth Zahler jz(CxzvT In order: OCT2 0 2016 a 1. Easterly fence from inside pool area 2. Westerly fence from outside pool area 3. View to the south inside pool area 4. Northwesterly gate outside pool area 5. Northeasterly gate inside pool area. 1 1 r• ••• o • •. qtok x- j ,:rim• r'1 �, '.,` 'y. c - •b.- r• t�'°`i .,,'ly ,.. "*' �:Ilt�l fx' r4' r { :.mtt ;"`iy., —�,-e.:.. 'SAY •3;xs,- •1 ar .t�xs ''• x �' - rt� 'r{" ?ste UIjJf7 4 , FIAT MR21 AK - A `r to •° � �':"°, .'� ,�` ,r.. ._. yyy , r , tr z 1 �Yx ba ¢p"Y •� � � .pc.. �? _ _ t 5. x ... 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F •. ,. -- ':.. � �- •�,{� �,.s..;,� yi,��`.#fir' �w coat$'r� �t �'t • .. y e BOARD MEMBERS �QF SOFT Southold Town Hall Leslie Kanes Weisman,Chairperson yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George H6rning �� ® y� 54375 Main Road(at Youngs Avenue) Kenneth Schneider cQ(f (,e� Southold,NY 11971 http://southoldtown.northfork.net ��D<< ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 OCT 2 0 2016 October 6, 2016 ZONING BOARD OF APPEALS Kenneth B. Zahler 63735 Route 48 Greerport,NY 11944 RE: Request for De Minimus determination,ZBA#6851 Dear Mr. Zahler: I have reviewed your letter, dated September 29,2016, requesting a de minimum determination in the above referenced Zoning Board of Appeal's decision.. The relief requested in that decision was granted as amended to establish a 400 foot front yard setback from C.R. 48 in order to erect 8 foot high deer fencing in your front yard and along the perimeter of your property, as depicted in the approved survey date stamped April 16, 2016. Iu your letter you now request a de minimus determination to permit as built 5 to 6 foot high fencing around the in ground swimming pool located in your front yard, while the code permits 4 foot high fencing. Included with your letter is a copy of the survey approved in ZBA#6851, showing the location of the approved deer fencing and the as built 5 to 6 foot high pool fence. On October 6, 2016 I reviewed your request with the members of the Board of Appeals.Based upon the information provided and my discussion with the Board, I have determined that the 5- 6 foot high as built fencing located on the south and east sides of the swimming pool is de minimus in nature, since the height previously approved for fencing at those locations has been reduced. However, that portion of the as built fence surrounding the north and west sides of the swimming pool is not de minimus since it increases the amount of non-conforming fencing in the front yard. If you wish to maintain those sections of the non-conforming as built fence, you should apply to the ZBA for additional variance relief. Please contact our office if you have any further questions or concerns. Sincerely, Leslie Kanes Weisman Chairperson CC: Michael Verity, Chief Building Inspector t ; enneth B. Zahle']L-'' 63735 Route 48 Greenport, New York, 11944 Office: (631) 369-0200 Fax: (631) 369-0199 Cell: (631) 495-1093 E-mail: kbz1948@Gmail.com I- 10// RECEIVED Zoning Board of Appeals O C T 2 0 2016 Town of Southold Southold, NY 11971 ZONING BOARD OF APPEALS Re: Deer Fence permit #39778 October 17, 2016 ZBA File 6851 Leslie Kanes Weisman, Chairperson Dear Ms. Weisman; I am submitting an application for a variance in response to your letter dated October 6, 2016. The as built pool fence is the only fence we now seek to construct south of the dwelling. The fence for which we had previously obtained permission under the above captioned number will not be pursued. We believed that the fence actually constructed which was much less than what we had received permission for would be covered by the permit. The fence as it exists does not go as close to the road, nor as close to the westerly neighbor as the permit allowed. I had no intention of doing something for which I had not already been granted a permit and I apologize for that. We respectfully request permission to leave the fence as built and would like to complete the permit. We will have our survey amended as required. Very Truly Yours, l Kenneth B. Zahler TOWN OF SOUTHOLD ,PROPERTY RECORD CARD I.:+�=Zo.;c=(� , OWNER 2 STREET `�j'7 VILLAGE DIST. SUB. LOT ACR. REMARKS �— TYPE OF BLD. LL_� 7 Z �-63 z PRO LASS '✓ - LAND IMP. TOTAL , DATE 1 to �00 l oc)4b e Ha t;e-- 9 V, d��S �0.`?� rig o , / �?'� Lvcr s � p A (n 65onJ G:5'cxo ✓ .0 a51��:p�-. �•aK--O Q��� ���3CX�f� P d+n,ell a 106 (3� 1�� �, laces 7 --1_ 1 -7 4 K �v 2ah( ke OCT � ® 20 RECEIVED 4ujqtTle BOARD OF APPEALS CEO 2 5 204 L FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD ! WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL COLOR �oFI7 �d� Rr: EivE-D >1 �l( �c�rFnUQT 0 2016 FEB 2 5 2015 TOI'lrN 3 f:OA D OF APPEALS ZONI14G BOARD OF APPEALS TRIM - P.C. M. Bldg. Foundation Ca. 'Dinette Eul Extension 625�0 (it. Extension C \ \2�ode' R. _ Extension �n 3 - �b- mo R Patio Porch �l B. Deck 1 _ Breezeway Garage Pool r _ , 0,, COLOR + t,L (7 (J T f! tc+ 5 ' " ° TRIM CC \ab � �Fr�, �c7 f CANEDApo' 2015 2 3so;OY-) EA %0%1`1G 130ARD OF API 1st 2nd, M. eld Foundation Pc Fin. B. Bath Dinette C % 1 Basement eLm Paa B� Floors ���- Kit V Extension su,e 0o Ext. Walls C�,<I Interior Finish L.R. ` Extension 3, d CA 11 gz oa Fire Place Heat D.R. Y J Extension 2 - } .�atio �r ` 2 �D Woodstove BR. Porch Dormer Baths ;� \r 1 1� C Z Dock Fam, Rm. Deck 1 `� �'Z" RECEIVE A.C. - � t Garage OCT ' � � f z �u-otd•r� O.B. APP FAS ' Pool I 2 COLOR r tV hC'�-k '�r-r-A, i TRIM 2015 t FEB Zp�ING BOpRp Of pPP�s 6 FRI I I I I I M. Bldg. Foundation S°- Bath i 1�2 Dinette ✓ ^ FULL " Extension Basement SLAB L Floors { Kit. Extension Ext. Walls Interior Finish L.R. lIxtension Fire Place t) Heat D.R. J Patio Woodstove BR. l 3 Porch Dormer REC IVED Fin B. Deck CT 2 ® 20IRAtticn Breezeway ZONIN Rooms 1st Floor Q Garage Driveway Rooms 2nd Floor ` 3 O.B. Pool O� G ELIZABETH A.NEVILLE,MMC may. ,y Town Hall,53095 Main Road TOWN CLERK ® EO.Box 1179 va Southold,New York 11971 REGISTRAR OF VITAL STATISTICS- ® .�C Fax(631)765-6145 MARRIAGE OFFICER y� ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.( : �► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: October 25, 2016 RE: Zoning Appeal No. 7011 Transmitted herewith is Zoning Appeals No. 7011 for Kenneth Zahler-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Certificate of Occupancy, Building Permit, Findings Deliberations and Determination Meeting of July 19, 2001, Findings Deliberations and Determination Meeting of July 10, 2003, Findings Deliberations and Determination Meeting of February 2, 2006, Findings Deliberations and Determination Meeting of April 16, 2015, Description Page for Photos, Photos, A Letter from the Zoning Board of Appeals to,Kenneth B. Zahler, A Letter from Kenneth B. Zahler to the Zoning Board of Appeals, Property Record Cards, and Surveys. * * * RECEIPT * * * Date: 10/24/16 Receipt#: 214049 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7011 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#9360 $250.00 Zahler, Kenneth Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Zahler, Kenneth PO Box 754 Cutchogue, NY 11935 Clerk ID: SABRINA Internal ID:7011 BOARD MEMBERS SOUl �' Southold Town Hall �OF y Leslie Kanes Weisman,Chairperson a®� ®l® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer CAM ® AwTown Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider enuffN,N 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, FEBRUARY 2, 2017 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, 63096 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 2, 2017: 10:00 A.M. - KENNETH ZAHLER #7011 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as built" fence, at: 1) more than the code required maximum four (4) feet in height when located in the front yard; located, at: 63735 Suffolk County Route 48, (Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: January 19, 2017 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 �+I iyTIi. E uF HE�rRli+li� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095- Main Road, Southold: FAME ZAHLER, KENNETH #7011 FIAP # 40E= 1 =20m2 4ARIANCE HEIGHT VEQUEST LEGALIZE °°AS BUILT" FENCE DATE : THURS , FEB . 2 , 2017 100000 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 . 'ONING BOARD -TOWN OF SOUTHOLD 765 =1809 1 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net Janurary 9, 2017 ; Re: Town Code Chapter 55 -Public Notices for Thursday, February 2 , 2017 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 January 16tn: 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 January 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 25tn: 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 January 31, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS tt SOUTHOLD, NEW YORK 4-1 q*�T� AFFIDAVIT In the Matter of the Application of OF MAILINGS KENNETH B. ZAHLER (Name of Applicants) SCTM Parcel# 1000- 040.00-01.00-020.002 COUNTY OF SUFFOLK STATE OF NEW YORK I, KENNETH B. ZAHLER, residing at 63735 North Road, Greenport, NY 11944, being duly sworn, deposes and says: On the 13'h day of January, 2017, 1 personally Federal Expressed in Riverhead, New York, by Overnight Delivery, with Delivery Confirmation and Signature requested, a true copy of the attached Legal Notice in Prepaid envelopes addressed to the current property owners shown on the current assessment roll verified from the official records on file with the County Real Property Office for every property which abuts and is across a public or private street, or vehicular right of fay of record, surrounding the applicant's property. Kenneth ahler Sworn to before me this 30th day of January, 2017 ( ikl---- otary Public) TONI HOVERKAMP "(�Jry Public,state of New YO& No.02H06158508: Qualified in Suffolk County commis —�ci�^G Inn iary 2.2b TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING A4iA,,q e, 4 X"%" (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel 91000- rc� / -- z_e7'e -2--- COUNTY OF SUFFOLK) STATE OF NEW YORK) - I, / rio�4 ! residina.at New York, being duly sworn, depose and say. that: On the clay of t rn ,201�, I personally placed the Town'.& Official Poster, with the date of hearing 2-nature of my application noted thereon, securely upon my property, Iocated ten(10) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance, and that I hereby confirm that the Poster has remained.in place for seven(7)days prior to the .date of the subject hearing date, which hearing date was shown to be (S gnature)' Sworn to before me this 3�11 Pay of :Janj�.{ , 201 1 TONi r+vvtkKAMP � ry No.02Fi06158508. Qualified in Suffolk County- C1 Commission Fxrnr?q.lanuary 2.2bi (Notary Public)' • near the entrance or driveway entrance of my property, as the area most visible to passerby. ®mom el X-aneth B. Zahler j 123 Maple Avenue Riverhead, New York 11901-4674 Telephone: (631) 369-0200 - Facsimile: (631) 369-0199 E-mail: kbzAaguebogueabstract.com January 13, 2017 � Lucinda Barnes 209 W 97`h St 47B New York, NY 10025 RE: KEN & JOANN ZABLER ZBA APPLICATION Dear Ms. Barnes: Joann and I submitted an application to the ZBA to obtain permission to keep the deer fencing as built. This is written notification of same. Very truly yours, Kenneth B. Zahler I FASTWeb Page 1 of 1 AS-TWeb 63875 County Road 48 Greenport NY 11944 s _ Property Information Owner Barnes Lucinda s) Parcel# 1000-040-00-01-00-021- 000 Property 63875 County Road 48 Map Coord 40 '/ Greenport,NY 11944 Census Tract �0�° Mailing Addr 209 W 97th St#7b County Suffolk New York,NY 10025 Owner Phone Legal Lot Number 21 Tract Number Block 1 Subdivision Characteristics Use Sfr Year Built Sq.Feet Zoning R-80 Lot Size 2.71/118048 #of units 1 Bedrooms Bathrooms Fireplace #Rooms Quality Heating PoollSpa Air Style Stories Improvements Parking Flood Attributes - - - - - Other Property Sale Information Sale Date 12/22/2015 $/Sq.Ft. 2nd Mtg. Sale Price $1,700,000.00 1st Loan $821,000 00 Prior Sale Amt. $700,000.00 Doc No. 012851-000919 Loan Type Private Party Prior Sale Dt. 04/09/2001 Doc Type Bargain&Sale Deed Xfer Date 02/09/2016 Prior Doc No. 12114-0624 Seller Edgewater lii Llc Lender George M Cohen Prior Doc Type Deed Tax Information Imp Value $26,500.00 Exemption Land Value $5,100 00 Tax Year/Area 20151473889 Total Value- -$31,600.-00 - - -- - - - Tax-Value----------$31-,600.00- --------------- Tax Amount $39,290.55 Improved 84% Information compiled from various sources and is deemed reliable but not guaranteed. https://fwprodweb l.firstam.com/FastW eb/FA STOrder/PropertyLookUp.asp?ID=O&UID=... 1/13/2017 1/13/2017 FedEx Ship Manager-Print Your Label(s) Shipment Receipt Address Information Ship to: Ship from: Lucinda Barnes Kelli Naugles Aquebogue Abstract Corp. 209 W 97th St#713 123 Maple Avenue �t J NEW YORK CITY NY Riverhead NY 10025 11901 US US 631-369-0200 6313690200 Shipment Information: Tracking no.: 778172440025 Ship date: 01/13/20]7 Estimated shipping charges: 10.43 Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.50 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: Office-575 Your reference: Zahler ZBA P.O. no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will riot be responsible foray claim in excess of$100 per package,whether the result cf loss,damage,delay,non-delivery,misdelivery,a misinformation,unless you declare a higher value,pay an additional charge,document your actual loss and file a timely claim.Urnitabors ford in the current FedEx Service Guide apply.Your right to recover from FedEx for arty loss,incluxing intrinsic value of the package,loss of sales,income interest,profit,atorney's ices,costs,and other forms of damage whether drect,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value.Recovery cannot exceed actual documented loss.Maximus for items of extraadnary value is$1000,e.g,Jewelry,precious metals,negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits;Consult the applicable FedEx Service Guide for details. The estimated shipping charge maybe di ferert than the actual charges for your shipment_Differences may occur based on actual weight dmensionts,and other favors.Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated https.//www.fedex.com/shipping/shipAcfion.harKNe?meg-tc&doConfinue 2/2 FedEx Shipment 778172440025 Delivered bttps://comecternaiIsrvr.c_orn/owa/?ae=ltem&t=IPM.Notc&id=RgA. 1 FedEx Shipment 778172440025 Delivered TrackingUpdates@fedex.com Sent.-Monday,January 16,2017 10:14 AM To: Kelli Naugles Your has been delivered ;loll package Tracking # 778172440025 Ship date: Delivery date: Fri, 1/13/2017 Mon, 1/16/2017 10:09 Kelli Naugles m Aquebogue Abstract Corp. Lucinda Barnes Riverhead,NY 11901 Delivered 209 W 97th St VB Us NEW YORK CITY,NY 10025 US Shipment Facts Our records indicate that the following package has been delivered. Tracking number: 778172440025 Status: Delivered:01/16/2017 10:09 AM Signed for By:Signature not required Reference: Zahler ZBA Signed for by: Signature not required Delivery location: NEW YORK CITY,NY Delivered to: Residence Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb. Special hand It ng/Se ry ices: Deliver Weekday Residential Delivery Standard transit: 1/16/2017 by 8:00 pm — Please do not respond to this message This email was sent from an unattended mailbox This report was generated at appro*nately 9.14 AM CST on 01/162017. All weights are estimated To track the latest status of your shipment,click on the tracking number above. Standard transit is the date and time the package is scheduled to be delivered by,based on the selected service,destination and ship date_Limhations and exceptions may apply.Please see the FedEx Service Guide for terms and conditions of service,including the FedEx Nbney-Back Guarantee,or contact your FedEx Customer Support representative- ®2017 Federal Express Corporation.The content of this message is protected by copyright and trademark laws under U S and international law.Review our privacy policy All rights reserved. Thank you for your business 1 of l 1/]7/2017 9:02 AP KLj,1'1neth B. Zahler 123 Maple Avenue Riverhead, New York 11901-4674 Telephone: (631) 369-0200 - Facsimile: (631) 369-0199 E-mail: kbz@aquebogueabstract.com January 13, 2017 Wine Country Promotion LLC I 1 E Broadway #8B New York, NY 10038 RE: KEN & JOANN ZABLER ZBA APPLICATION To whom it may concern: Joann and I submitted an application to the ZBA to obtain permission to keep the deer fencing as built. This is written notification of same. Very truly yours, Kenneth B. Zahler FASTWeb Page 1 of 1 z 63615 County Road 48 r`WA.SIWeb Greenport NY 11944 Property Information v Owner(s) Wine Country Promotion Llc Parcel# 1000-040-00-01-00-020- 001 Property 63615 County Road 48 Map Coord 40 Greenport,NY 11944 Census Tract Mailing Addr 11 E Broadway#8b County Suffolk New York,NY 10038 Owner Phone Legal ARREARS Lot Number 20 Tract Number Block 1 Subdivision Characteristics Use Sfr Year Built Sq.Feet Zoning R-80 Lot Size 2521109771 #of units 1 Bedrooms Bathrooms Fireplace #Rooms Quality Heating Pool/Spa Air Style Stories Improvements Parking Flood Attributes Other Property Sale Information Sale Date 05/06/2014 $1Sq.Ft 2nd Mtg. Sale Price $1,500,000.00 1st Loan Prior Sale Amt. Doc No. 012774-000617 Loan Type Prior Sale Dt. Doc Type Bargain&Sale Deed Xfer Date 0 511 9/2 0 1 4 Prior Doc No. Seller Edgewater I Llc Lender Prior Doc Type Tax Information Imp Value $13,500.00 Exemption Land Value $6,500 00 Tax Year/Area 2015/473889 Total Value $20,000.00 Tax Value $20,000.00 Tax Amount $24,867.44 Improved 68% Information compiled from various sources and is deemed reliable but not guaranteed. https://fwprodweb l.firstam.com/FastW eb/FA STOrder/PropertyLookUp.asp?ID=O&UlD=... 1/13/2017 111 312 01 7 FedEx Ship Manager-Print Your Label(s) �,° Shipment Receipt Address Information Ship to: Ship from: Select or enter Kelli Naugles Wine Country Promotion, Aquebogue Abstract Corp. LLC — �� ' 11 E Broadway #8B 123 Maple Avenue B NEW YORK CITY, NY Riverhead, NY 10038 11901 US US 631-369-0200 6313690200 Shipment Information: Tracking no.: 778172406339 Ship date: 01/13/2017 Estimated shipping charges: 10.43 Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type:FedEx Envelope Number of packages: I Total weight: 0.50 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: Office-575 Your reference: ZBA Zahler P.O.no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fedex.com. i Please Note FedEx will not be responsible for arty claim in excess of$100 per package,whether Use result of loss,damage,delay,nondelivery,misdelivery,or misinformation,unless you declare a higher value,pay an additional charge,document yam actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply.Your right to recover from FedEx for xry loss,including intrinsic value of the package,loss of sales,income interest,profit,attorney's fees,costs,and oUuer forms of damagewhelher direct,incidental,consequential,or special is limited to the greater of$100 or fhe authorized declared value.Recovery cannot exceed actual documented loss-Maximum for items of extraodinery value is$1000,a g.,jewelry,precious metals,negotiable instruments and other items listed in our Service Guide. Written claims must be filedwithin strict time limits;Consult the applicable FedEx Service Guide for details- The estimated shipping charge maybe different than Use achral charges for your shipment Differences may occur based on achrdl weight,dimensions,and other factors.Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated https.-//www.tedex.com/ShippingfshipAcbon.handle?method=doContinue 212 FedEx Shipment 778172406339 Delivered https://connecLemaiisrvr.com/owa/?ae=ltem&1=IPM.Note&id=RgA. FedEx Shipment 778172406339 Delivered Tracking U pdates@fedex.com Sent:Monday,January 16,2017 10:42 AM To: Kelli Naugles Your package has been delivered �cOl Tracking # 778172406339 Ship date: Delivery date: Fri, 1/13/2017 Mon, 1/16/2017 10:38 Kelli Naugles am Aquebogue Abstract Corp. ine Country Promotion, Riverhead,NY 11901 LLC US Delivered 11 E Broadway#813 NEW YORK CITY,NY 10038 US Shipment Facts Our records indicate that the following package has been delivered. Tracking number. 778172406339 Status: Delivered 01/16/201710:38 AM Signed for By:C.CHEN Reference: ZBA Zahler Signed for by: C_CHEN Delivery location: NEW YORK CITY,NY Delivered to: Apartment Office Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: 1 We tg ht: 0.50 lb. Special hand Itng/ServIces: Deliver Weekday Residential Delivery Standard transit: 1/16/2017 by 3.00 pm Please do not respond to this message This email was sent from an unattended mailbox This report was generated at approwmalety 9.42 AM CST on 01/16/2017 All weights are estimated To track the latest status of your shipment,dick on the tracking number above. Standard transit is the date and time the package is scheduled to be delivered by,based on the selected service,destination and ship date Lhmdafions and exceptions may apply.Please see the FedEx Service Guide for terms and conditions of service,including the FedEx Money-Back Guarantee,or contact your FedEx Customer Support representative. C 2017 Federal Express Corporation.The content of this message is protected by copyright and trademark laws under U.S and international taw Review our privacy porky.All rights reserved. Thank you for your business l of 1 1/]7/2017 9:02 AT K,Aneth B. Zahler 123 Maple Avenue Riverhead, New York 11901-4674 Telephone: (631) 369-0200 - Facsimile: (631) 369-0199 E-mail: kbz@aquebogueabstract.com January 13, 2017 Attia Samir & Sharif Jila 12 Woodland Ave Northport, NY 11768 RE: KEN & JOANN ZAI-ILER ZBA APPLICATION Dear Attia Samir & Sharif Jila: Joann and I submitted an application to the ZBA to obtain permission to keep the deer fencing as built. This is written notification of same. Very truly yours, Kenneth B. Zahler FASTWeb Page I of I 63450 County Road 48 '. AS Web Greenport NY 11944 Property Information Owner(s) Sharif Jila/Attia Samir Parcel# 1000-040-00-03-00-002- 000 Property 63450 County Road 48 Map Coord 40 Greenport, NY 11944 Census Tract Mailing Addr 12 Woodfield Ave County Suffolk Northport,NY 11768 Owner Phone Legal _ Lot Number 2 Tract Number Block 3 Subdivision Characteristics Use Agricultural Land Year Built Sq.Feet Zoning R-80 Lot Size 7.3/317988 #of units Bedrooms Bathrooms Fireplace #Rooms Quality Heating Pool/Spa Air Sty le Stories Improvements Parking Flood Attributes - Other Property Sale Information Sale Date 05/25/2001 $/Sq.Ft. 2nd Mtg. Sale Price $155,000.00 1st Loan Prior Sale Amt. Doc No. 12122-0976 Loan Type Prior Sale Dt. Doc Type Deed Xfer Date 06/08/2001 Prior Doc No. Seller Phinney,judith F Lender Prior Doc Type Tax Information Imp Value Exemption Land Value $2,200 00 Tax Year/Area 20151473889 Total Value $2,200 00 Tax Value $2,200.00 Tax Amount $2,735 42 Improved Information compiled from various sources and is deemed reliable but not guaranteed https:Hfwprodwebl.firstam.com/FastWeb/FASTOrder/PropertyLookUp.asp?]D=0&UID=... I/I 3/20l 7 1/13/2017 FedEx Ship Manager-Print Your Label(s) WR Shipment Receipi Address Information Ship to: Ship from: Select or enter Kelli Naugles IUU `1 Attla Samtr & Jila Sharif Aquebogue Abstract Corp. 12 Woodfield Ave 123 Maple Avenue NORTHPORT, NY Riverhead, NY 11768 11901 US US 631-369-0200 6313690200 Shipment Information: Tracking no.: 778172536036 Ship date: 01/13/2017 Estimated shipping charges: 10.43 Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.50 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location ]Billing Information: Bill transportation to: Office-575 Your reference: P.O. no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,nondelivery,misdelivery,or misindormalion,unless you declare a higher value,pay an additional charge,documeril you actual loss and file a timely claim.Limitations farad in the current FedEx Service Guide apply.Your no to recover from FedEx for any Inns,including intrinsic value of the package,loss of sales,income interest,profit,attorneys fees,costs,and other forms of damagewhether direct,incidental,consequential,or special is limited to the greater of$100 or the authorized declared value Recovery cannot exceed actual documented ted loss_Maximum for items of extraordinary value is$100q e.g.,jLwelry,precious metals,riegofiade instruments and other items listed in our Service Guile. Written dams must be filed within strict time limits;Consult tie applicable FedEx Service Guide for details. The estimated shipping charge maybe dffererit Iran the acts I charges for your shipment-Differences may occur based on actual weight,dimensions,and other factors.Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated httpsJ/www.fedex_com/shi pping/shipAcfion.hanc le?method=doConUnue 212 FedEx Shipment 778172536036 Delivered https://connect.emailsrvr.com/owa/?ae=ltem&t=IPM_Note&id=RgA.. FedEx Shipment 778172536036 Delivered TrackingUpdates@fedex.com Sent:Monday,January 16,2017 12:33 PM To: Kelli Naugles Your package has been delivered Tracking # 778172536036 Ship date: Delivery date: Fri, 1/13/2017 Mon, 1/16/2017 12:32 Kelli Naugles �-tfia Aquebogue Abstract Corp Samir&Jila Sharif Riverhead,NY 11901 Delivered 12 Woodfield Ave US NORTHPORT,NY 11768 us Shipment Facts Our records Indicate that the following package has been delivered Tracking number: 778172536036 Status: Delivered,01/16/2017 12 32 PM Signed for By:Signature not required Signed for by: Signature not required Delivery location: NORTHPORT,NY Delivered to: Residence Service type: FedEx Standard Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 lb_ Special handling/Services: Deliver Weekday Residential Delivery Standard transit: 1/16/2017 by 8 00 pm Please do not respond to this message.This email was sent from an unattended mailbox This report was generated at approximately 11 33 AM CST on 01/1 612 01 7 Al weights are estimated To track the latest status of your shipment,click on the tracking number above. Standard transit Is the date and time the package is scheduled to be delivered by,based on the selected service,destination and ship date.Limitations and exceptions may apply Please see the FedEx Service Guide for terms and conditions of service,including the FedEx Money-Back Guarantee,or contact your FedEx Customer Support representative- ®2017 Federal Express Corporation The content of this message is protected by copyright and trademark laws under U S.and international law Review our privacy policy All rights reserved. Thank you for your business 1 of 1 1/]7/2017 9:02 AT I Lot numbers, owners' names and addresses FedExes were sent to: �� 1) 1000-040-01-020.001: Wine Country Promotion LLC — 11 E. Broadway#83, NY, NY 10038 2) 1000-040-01-021.000: Lucinda Barnes —209 W 97" St #7B, NY, NY 10025 3) 1000-040-03-002.000: Attia Samir & Sharif Jila — 12 Woodland Ave., Northport, NY'11768 Gkt 17 #13141 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 261h day of January, 2017. i Principal Clerk Sworn to before me this day of 2017. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualtflecl In Suffolk County My C0ni11j1861Qfi @xpires FebRICIV 28,2020 63735 Suffolk County,Rog4-48 Adjd:fO-,�Disapproval based on an application for Request for a Variance under Articlg the Long Island Sound)C�iei tjpprt Z :j r apeiaut to collocate a wireless communi- X?M,Section 280-116A;and the•$uila- SCTM#1000-40-1-20.2, G cations facility on subject property at:1) ing Inspector's November 162016,14otice• LEGAL NOTICE 10:15 A.M.-BRUCE AND LEONA •leskthan the code required minimum side of Disapproval based on an•,applicati6k'` SOUTHOLD TOWN ZONING GOODHEART#7619 - Request for a yard setback of 25 feet;located,at:40200 for a permit to construct additions and BOARD OF APPEALS Variance under Article XXIII, Section NYS Route 25,(Adj.to Gardeners Bay) alterations to an existing single family THURSDAY,February 2,2017 280-124 and the Building Inspector's Sep- Orient,NY.SCTM#1000-15-9-8.1. dwelling at: 1) proposed additions and PUBLIC HEARINGS tember 29,2016,.Notice of Disapproval 1,00 P.M. -WILLIAM GRENII,ER•' alterations located less than the code NOTICE IS HEREBY GIVEN,pur- based on an application for a pent»t to JR.AND MICHAEL MURPHY. #7025 required 100 feet from the top of the ' suant to Section 267 of theTown Law and construct additions and alterations to -Request for a Waiver of Me rgerpetifion • bluff-,located,at 555 Soundview Avenue, Town Code Chapter 280(Zoning),Town an existing single family dwelling,at:1) under Article II,Section 284-10A,to tin- (Adj.to Long-Island Sound)Orient,NX of Southold,the following public hearings the proposed additions and alteration merge land identified'as SCTIVI No.1�- q SCPM#1000-1$3-7. will be held by the SOUTHOLD TOWN is less than the code required side yard 41-1-30,which has merged with-'.';M." 1:45 P.M."- TOWN OF SOUTH- ZONING BOARD OF APPEALS at minimum setback of 10 feet; located, No.1000-41-1-24,based on the Building OLD PLANNING BOARD/SURREY the Town Hall,53095 Main Road,P.O. at: 350 Second Avenue, Peconic, NY. Inspector's September 29, 2016 Notice -LANE VINEYARDS#7039-The South- Box 1179,Southold,New York 11971- SCTM#1000-674-24. of Disapproval,which states that anon- old Town Planning Board has requested 0959,on THURSDAY;FEBRUARY 2. •10-45 AX,-SUSANNAH=MCDOW- conforming lot shall'merge with an adja- that`the Southold Town Zoning'Board 2017 ELL#702 -Request fora Variance uh- cent conforming or non-994grming,lot of Appeals make an interpretation,pur- 9:30 A.M.-DORIE AND ARI PAP- der Article III, Section 280-15;Article held in common ownership with the-first suant-to Article III,'Section 280-13 A(4) ARO #7020 - Request for a Variance XXIII, Section 280-124;and the Build-, lot at any tirde after July 1,1983 and that of the,Southold Town Code and Plan- under Article III,Section 280-15 and the ing Inspector's October 26,2016,Notice non-conforming lots sliaffmeige t atil the • niug Board-Memorandum dated January Building Inspector's November.,l,,2016 of Disapproval based on an application total lot size conforms to the current bulk 3,2017,to request a code interpretation Notice of Disapproval based on an appli-• for a permit to demolish and reconstruct schedule requirements(mip"Onum 40,000 'as.to whetherithe:proposed site.plan for cation for a permit to construct an acres- an existing non-conforming accessory sq.ft.in the R40 Residential Zoning Dis- Surrey Lane Vineyards can be considered sory in-ground swimming pool,at:1)lo- garage at:1).less:than the-code required trict);located,at;980WashingtonAvenue, • a winery and a•perrnitted use and to de- cared in other than the code required•rear nummbmfrontyard setback of'40 feet,2) Greenport,NY.'SCTM Nos.1000=41.1-24' " termine what activities must take place yard;located,at;6182 Soundview Avenue, less than the code required side yard set-- and 100041-1-30. in order to constitute"wine production." Peconic,NY.SCTM#1000-59-8-5.8. back of 10 feet;located,at:180 Strohson 1:15 P.M.- CAPTAIN-REDS•MA- The Planning Board further requests 9:45 AM. - JAMES HUETTEN- Road,(Adj.to the Sheep Pen Channel) RINE SALES,INC.#7014-Request for the Zoning Board of Appeals to pro- MOSER#7024-Request for a Variance Cutchogue,NY.SCTM#1000-103-10-17. Variance(s) under Article JAI, Section vide an interpretation of"wine tastings" under Article XXIII, Section 280-124; 11:00 A.M. , ALBERT LEUTWY 28049;Article XVIII,Section 28Q-78(I); . and"wine tasting rooms"relative to the and the Building Inspector's November LER#7022-Request for a Variance un- and the Building Inspector's September •-pypposeL4 site plan for Surrey Lane Vine- 9 2016, Amended November 23, 2016 der Article XXIII,Section 280-124;and 10,'2016,amended September`301 20t6, yards,located at:46975 Route 25(Main Notice of Disapproval based on an appli- the Building Inspector's November 21, Notice of Disapproval based on an appli- Road),Southold,NY.SCTM#1000-69-1- cation for a permit to construct additions 2016,Notice of Disapproval based on an cation for a building permit to construct 18.1&69-1-18.6. and alterations to an existing single fam- application for a permit to construct addi- ' a storage building and to propose boat The Board of Appeals will hear all fly dwelling at:1)less than the code re- tions and alterations to an existing single storage and parking,at:1)the proposed persons or their representatives, desir- qulred minimum front yard setback of 35 -family dwelling at:1)less than the code • b4ildin9 is less than the code required ing to be heard at each hearing,and/or feet,located,at:65 Bayview Drive,East required minimum front yard setback front yard minimum setback of 100 feet; desiring to submit written statements Marion,NY.SCTM#1000-37-1-1. of 35 feet,2)less than the code required 2)the proposed building is less than the before the conclusion of each hearing. 10:00 A.M.- KENNETW ZAHLER minimum rear yard setback of 35 feet; code-required.side yard minimum set- Each hearing will not start earlier than 47011 - Request for a Variance under -located,at:,457.3 Wickham Avenuen.(A dj. bacIrof2-5 feet;3)no off-street-parking designated above. Files are available for Article XXII, Section 280-105 and the `61ong.G7eekj-b attituck,NY.SGI'Ivf# spaces shall be located m any residence review during regular business hours and Building Inspector's"October'14; 2016,. 10001075. `4' district unless the use to which they are prior to the day of the hearing. If you Notice of Disapproval based on an ap- 11:15 A.M...MGH ENTERPRISES. accessory is permitted in such district or have questions,please contact our office plication to legalize an"as built'•fence, INC,,VERIZON -WIRELESS #7023 - upon approval of the Board of Appeals; at,(631)765-1809,or by email:KimF@ at: 1) more than the code.requiieil• Request for.a-Variance under-Article located,at:9605 Route 25,Mattituck,NY. southoldtownny.gov' maximum four (4) feet in'lieight"when XIII, Section 280-56; and the Building SCTM#1000-122-6-12. Dated:January 19,2017 located in the front yard; located, at: Inspector's October 18,2016 Notice of 1:M P.M.-ARETI LAVALLE#7026 ZONING BOARD OF APPEALS LESLIE KANE§WEISMAN, CHAIR-PERSON BY Kim R''uentes 54375 Main Road(Office Location) 53095 Main Road(Mailing(USPS) P.O.Box 1179 Southold,NY 11971-0959 13141-1T 1/26 i y - BOARD MEMBERS Of S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road• P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� A �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yOWN,�� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OCT 2 5 2016 -� Tel.(631) 765-1809•Fax(631)765-9064 „ Soutnnld iotrun October 25, 2016 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7011 —Zahler Dear Mr. Terry: We have received an application for legalizing an "as built" fence in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls. SURVEY OF LOT 2 5\ u MAP 0£PROPERTY ANTHONY & SALLY PIRRERA p tt``11 SITUATE EENPORT TOWN O NR OF SOUTHOLD SUFFOLK COUNTY. NEW YORK S-C TAXNo 1000-e0-01-202 �) x cuua JV! 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IwtY.PG 4•onM 1xYP - _q___ ECEIVED v KP�Px j� 6� s T� �T.�.ums xausi n+sae nuw.s ®(gyp p/� 1(t�t xPmno.II wG StYTY,w.PmvOo..MwIII 6]DO p P 40DP41.Pi4 V' LO 1 V +wnrv<rmacaPP�[.rxa+P pIX % I ®.PPPa,m II.R i / : � •T; 1 Tp lo[P40�N Prll.t.MO[[E.x[45 SWw.IrPCOM Y[TPW frtlA /w w+.POTum rtmx anus- /' ZONING BOARD OF APPEAL �.� 4 + IX TEST*UDLE DATA cgs / Illdg l TT;vtewed d°cvment� ZBAF+ Ifs job] .Y.�PKAL Vot"TCR Uxn ........P •� _ Y _ •� yw,c„7�l ' rcO+�opcw on.n l I 1� - t _.mom, Nathan Taft C Land Surveyor orwin III 9 CAM N101F EDGEWATER III, LLC cz-3 �N ,-- DWELLINPUBLICG WATER 4::) USES CN Oo wy u (no w CL wo z w co y C) :)z S 24 56'30" E Q u 00 LOT 2 DRIVEWAY EASEMENT 243-6( DRYWELl—,(-,,I -Z co SPLIT RAIL, SIONE" WALK, FENCE WINDOW CONC.WELL l. .6 ri S7,01VE ow w PAT 14 38 4' 0 115.23' 32 29 29" 14 8' Li 0 38.3, 24 LOT STONE STOOP 3.0- Ll w- < & STEPS 0 0 --DRYWELL-�' o" 0 3-0, V) SlOt4, DRNEWA' cli WATER LIN WOOD 9� STEPS 8BLOCK-CURB WOOD 7 7' STONE DRIVEWAY STEPS u 18 6' PROP LOT 1 DRIVEWAY EASEMENT -m 2 S 24 56'30" E ix 7 as 0 LZ) 14 ST HOLE- STONE-7 03: (LI 'o w Z L Q. N 216'30" W 241 Z,� 0 0 6 - < -no (L z V)0 z ir C)0 z No ID ZI HOUSE 4 LOT Oi DWELLING C) USES PUBLIC WATER Q BOARD MEMBERS VF SO 2., Southold Town Hall Leslie Kanes Weisman,Chairperson �� 1101 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ t Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUNTI Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax (631)765-9064 February 17,2017 Kenneth B. Zahler 63735 North Road(CR48) Greenport,NY 11944 RE: ZBA Appeal No. 7011 SCTM No. 1000-40-1-20.2 Dear Applicant; Transmitted for your records is a copy of the Board's February 16,2017 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincer ly, Kim E.Fuentes Board Assistant Encl. cc: Building Dept.