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HomeMy WebLinkAbout7022 CHE BOXES AS COMPLETED n -e-P a.o 17 ( ) Tape this form to outside of file ( } Pull ZBA copy of NC ( ) Check file boxes foi cQ o a Q 0- CL ( ) Assign next numbe outside of file fold �, y ( } Date stamp entire file number m v -U 3x ' c tD ( ) Hole punch entire v o � 0 --, om w c (before sending to `D 0 _ rnX - m CD( ) Create new index Z ; � ( '} Print contact into 4 K)0 co - ( } Prepare transmitti `r, � D I < ( -) Send original appli @° N tD CD to Town Caerk 3 ( } Note inside file fol } and tape to inside o j ) Copy County Tax P 3 Neighbors and AG -n ( } Make 7 copies an [ ) Do mailing label CD � 2- �. No i P�-core. I ie; AZb*4- 107 5 �lli Ad 91 ` 04,4 tzav- tA,,vd 30' to" AAa:—)(Vt 07 - ` -J�— Gt��.clL�a►,r, A---e..�i")�ct lei�CCcic, N- - ------------- --- -- - ---- -- e.�n��-us_.�-row _�-•�_d���_�.�r�_��__� _�r�:�� ._s'_�n•�_y�__ F_(G_J �c�,r Yccr� -� - --J34 Apa-r , b 14 BOARD MEMBERS ®F 3®U, Southold Town Hall Leslie Kanes Weisman,Chairperson h®�� y®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �® ® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�OWN,�� Southold,NY 11971 RECEIVED http://southoldtown.northfork.net X.o PM ZONING BOARD OF APPEALS F E B 2 2 2017 TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Sou old Tom Clert< _ FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 16,2017 ZBA FILE# 7022 NAME OF APPLICANT: Albert Luetwyler PROPERTY LOCATION: 4573 Wickham Avenue,Mattituck,NY 11952 SCTM No. 1000-107-4-5 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 19, 2016 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 30, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available it is the coordinator's recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. TOWN ENGINEER OF THE TOWN OF SOUTHOLD: This application was referred to the Town Engineer. In the department's response letter dated December 20 2016, the Town Engineer reviewed the application and indicated that the property does not appear to have erosion or drainage issues related to stormwater, and that additional drainage will be required for the reconstructed roof. The engineer sees no issues related maintaining the existing setbacks for the proposed new second floor. PROPERTY FACTS/DESCRIPTION: The property is a non-conforming 15,475 square foot waterfront parcel located in an R-40 zone. The parcel has 111.87 feet on Long Creek. The parcel has 161.61 feet along a right of way on the South side, 106.42 feet on the East side, and 147.87 feet on the North side. The property is accessed by a 641.38 foot right of way that connects to Wickham Avenue. The property is improved with a one story frame house with decks as shown on a survey prepared by John T Metzger, LLS dated August 4, 2016 and last revised November 7, 2016. BASIS OF'APPLICATIO_N: Request for Variances under Article XXIII,. Section 280-124; and the Building Inspector's November 21, 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at: 1) less than the code required minimum front yard setback Page 2, February 16, 2017 #7022, Leutwyler SCTM No. 1000-107-4-5 of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet; located, at: 4573 Wickham Avenue, (Adj. to Long Creek)Mattituck,NY. SCTM No. 1000-107-4-5. RELIEF REQUESTED: The applicant requests variances to make additions and alterations (a second story addition) to an existing house having a non-conforming front yard setback of 30.7 feet and a rear yard setback of 30.5 feet where code requires a 35 foot setback for each. ADDITIONAL INFORMATION: The survey and elevations describe the home to be elevated one foot, six inches in order to conform to FEMA. In ZBA file# 6292 dated August 18, 2009,the applicant was granted front yard and rear yard variances for a deck addition. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 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 X267-b(3)(b)(1). Grant of the variance(s) will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family waterfront homes. The house is at the end of a private right of way and the additions and alterations will not be visible from a public road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing one story frame house has a non- conforming rear yard setback and front yard setback. Any proposed second story will require the benefit of an area variance. The expansion upwards relieves the need to request permission to encroach towards the protected wetlands. 3. Town Law k267-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 12% (30.7 ft.) and 13% (30.5 ft.) relief from the code. However, this is a second story addition of an existing non- conforming dwelling and the non-conforming yard setbacks will not be changed. 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 _§267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second story while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Schneider , and duly carried, to Page 3, February 16, 2017 #7022, Leutwyler SCTM No. 1000-107-4-5 GRANT the variances as applied for, and shown on the architectural plans prepared by Mark Schwartz, Architect, dated November 30, 2016, labeled A-1-6 and survey prepared by John T Metzger LLS, dated August 4, 2016, and last revised November 7, 2016. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning and Dantes. (Member Goehringer not present) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing / a /2017 *LANDWARD EDGE OF 77DAL SURVEY OF PROPERTY AS DERCON_D By NG,S F O'�ENNRONMENT,qLY LOT 12 oN XL'y 19, 2016- LF SUBDI VISION A T MA=UCK SF�O K COUNTD FSTA TES TO WN OF SO UTHOLD S84 35'00 nE LE# 8963 1- i 147 87' SUFFOLK COUNTY, N. Y. , . 0� 1000 107-04-05 — � ��� /', sr — _ _ �,: SCALE. 1' 50' OH �O o �' '"sue iV OCT. 17, 1996 FEB. 5 1997 (FIN FLR. ELEVATION) \ ," "' �'' o`` o 's ►O J AUGUST 4, 2016 Moo NOV. 07, 2016 (REVISIONS) � s s 0 cry ,8 a . , CMF Q44 30'84 35 00"W EL a r O\ O� — RIGHT OF WA Y s 61.61 4� O� Q N/O/F cn CMF POD ll_,G20,61NO MILOSH REALTY ry � CORP o_ o ?� m Z � N Z-A 1 FINAL MAP �-� � , � % DECEIVED -REVIEWED BY ZBA = F DEC 1 9EE bECISION # Oaf. -A �@ ZONING BOARD Of APPEALS °a �' PPOL w { cp o P Av 101 "9< N IPNERK��� 51SP�P WETLANDS AREA = 4,082 Sq. Ft. (to Tie Line) UPLAND AREA = 11,393 Sq. Ft. (to EDGE'OF WETLANDS) TOTAL ` AREA = 15,475 Sq. Ft. (to Tie Line) �OF P OPT 7L G P�pR o q OF New FLOOD ZONE FROM FIRM #36103C0143H f 0912512009 A. f- ELEVATIONS AND CONTOURLINES ARE REFERENCED TO NAVD 88 49618 �• ; PECON RVEYORS, P.C. ANY ALTERA77ON OR ADDI77ON TO THIS SURVEY IS A VIOLA 770N 631) 765-5020 FAX (631) 765-1797 OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CER77FICA77ONS P.O. BOX 909 HEREON ARE VALID FOR 774IS MAP AND COPIES 774EREOF ONLY IF n�a_�ry� 1230 TRAVELER STREET SAID MAP OR COPIES BEAR 774E IMPRESSED SEAL OF 774E SURVEYOR 9 / SOUTHOLD, N. Y. 11971 WHOSE SIGNATURE APPEARS HEREON. REVISIONS: i o RECEIVED DEC © A 2016 _.-._.._._._.`._- ZONING BOARD OF APPEALS - N b z - - - -s lz iWNeiTUN �y V W N PROPOSED EAST ELEVATION z W SCALE: 1/81' = 1' w A mall w EXISTING EAST ELEVATION N A M AP •gyp W SCALE: 1/8" = 1' VIEWED BY LpA a SEE DECISION # '7oa� DRAB MH/MS .� SCALE, I/4"=I'-0" DATED / 1 to / a�L`l ion Novcmbcr 311,21116 SHEET NUMBER: A-1 REVISIONS: RECEIVED ! C ZONING BOARD OF APPEALS i u 00 go if4lVtlA WN PROPOSED NORTH . LEVATION W SCALE: 1/8" = 1' Fr O � Wz AA d 3 00 LJ FINAL MAP � a EXISTING NORTH ELEVATION REVIEWED BY ZBA DRAWN MH/MS SCALE: i/s" = 1' SEE DECISION ## `7o� SCALP, I/4= -o JOR# rT° DATED A I l� � a 0� SREET N SAEET NUMBBER. A-2 REVISIONS: -CEIVED lit DEC ® n 201 _ ZONING SOAR®OF APPEALS s r � U C-' A —.o o — W 06 - WVNO�TIyN � Q py PROPOSED WEST ELEVATION SCALE: 1/8"= 1' Z �, O w A _.—.—.—. _ w C!� -1 F J a a FlIn. M 1 C � MMIR 12991, Ron FINAL MAP EXISTING WEST ELEVATION REVIEIIVED �Y Z�A �SC^`� '/4-11 JOB#: SCALE: 1/8"= 1' Nov mba30,Zflt6 SEE DECISION # 7o UL- SHEET NUMBER. DATED A. /_J_ I 2�V-7 A_3 REVISIONS: RECEIVED DEC ® A 2016 ZONING BOARD OF APPEALS r r 0 s U Gd H Go s a s ❑ I � CHANGE 1%,100amp SERVICE ) T0900amp AMIAf� I A PROPOSED SOUTH E EVATION SCALE: 1/811 = 1' Z co)o O w� AQ d 0 Lotn U EXISTING SOUTH ELEVATION �7DB W SCALE. 1/8 — 1 FINAL M REVIEWEZBA DRAWN MR/MS '1 n/� SCALR 1/4"=1'-0" SEE ®ECIS �- JvmINavcmbcr311,21116 ®��E®� �(�,� SAEET NUMBER. j � Y REVISIONS: RECEIVED ZONING BOARD OF APPEALS =s. a a 3 -U° EXla]N a D K I f> 7'-2" p 7-2" 6'—E" _ d FWC5O58L ��.j, IU,7 � m Qi M r4 P 1 REPLACE E%.POOR u tq q RNr a io � x1G '� U o FX.QININ•RO M tR Teml Rha b Total 0.unab 6000 FZ,DINING ROOM e� y n Rlter H,49htl D 7975' head Depth O 9 DOO C in Numb—fRlrarc 15 �, EX.LIVING ROOM _ 0 I � 9h' O EX.LIVING ROOM 00 u EXISTING DECK O I i ••I t I N � �� ly y "� EX.KITCHEN o Eis7 k =HEN N W N a_ N � G 15 O" 1 (I Cyr W n Q � EX.BEDROOM No.1 � � a n •'•'• -• � '�' F+ FX.BEROOM N"r ZEX DOOR TO REMAIN �-'O•--I1 W 10_7x /\ N a MUUQRQ0M r F a'-5" m N I JDUCTST02'N'DFL LL IP 2COampSERVICE 2'-7" - '-9" 4'-U" PRPANEHEAT URNRAISllDIG78• RE GASOfH ER6UIlb GRADE UPAPROX.lP RNA BENCH EXISTING FLOOR PLAN W SCALE: 1/8"= 1' ej ll.-," 30'-ox S N PROJECT NORTH PROPOSED 1ST. FLOOR PLAN F"'r " _ ' W (FINAL IOIIIAP DRAWN- MH,MS SCALE: l/4" 1'-0"REVMEWED BY ZBA JOB# Novemba 3f1,2016 SEE DECISION # 7o�.. sIMETNUMBER DATED 16 /ADl-7 A-5 F � REVISIONS: 13'-6" 5W'OVEPHANG I I I BALCONY—_. C%WI6d 111111l1'PLT.HT. CWIfi FWG6061IR CW16 DO I � I '? MAaER BEDRO a I N N I N I � I I I 9EDROOM Uo.2 I n O I _ ]WbJ1LB I P- �N I V g,_2„ v 13'�Slh• 5, �„ I �„/ a0 I MA TER BEDROOM. '' :o _WALK-IN, -� I po 1 a] �LOSETt- .. A61 A61 0] L LTa L r, CO — — — r — — — r — — r r i ; gel S i Z Q CLOSETEkT EXT.WALLl:,i I I PARTIAL CROSS SECTION I _ _ _ _ _A-6,_ 6=61A'PLT H, 18'-3" 11'-g" SCALE: 0.18811 PROJECT NORTH PROPOSED 2ND1 FLOOR PLAN G Q SCALE; 1/811 = 11 w z U U n w REcEYvE" FINAL. MAP DECO `"REVIEWED BY ZBA DRAWN MH/MS ELISION # SCALb 1,4" -0" 1DA# TONING BOARD O f� f Nm ba 30,2016 r)ATE •/ 1.. Q 0 1� SHEET NCiMBER. 1 l 1 Owner: Albert Leutwyler 4573 Wickham Avenue ell 40 + RECEIVED Mattituck, NY 11952 3147* 87 DEC 0 12016 %MD 0*05 00 Architect: I ZONING BOARD OF APPEALS Mark Schwartz&Associates E I .00 P.O. Box 933 de 28495 Main Rd. % ft 111 Cutchogue NY 11935 EL SCTM 1000-107-04-005 � - 30 10" Green wetland boundaries delineated by Jeffrey L.Seaman I ►� Coastal Environmental Corporation 36 32 9 OV East Quogue ''"January2008 � 'X$' FINAL IAA �,► 5 • Outdoor Survey and Elevations delineated b Y REVI � L) BY ZB shower Peconic Surveyors, P.C. $E E �►F,,,gSIQN # - P.O. Box 909 DA -� ,� � � T 201 1230 Traveler Street Southold, NY 11971 * '� August 4,2016 - Black Edge of Wetlands * 1 0 g � 42 determined by s 0 Suffolk Environmental Consulting August 4,2016 TbK 10'X1 2" � Entry, mudr om - Description of Project: _ Y, - „ ' and mecha icals Elevate house by 1 6 to conform � „��" / # Installed to FEMA. Build foundation, -ter ] r. Monolithic Tank add second story to existing !. and three 2x8 q house and add 157 s ft �= to east side yard of building 48�to rings April 2013 Total lot size to tie line 15,475 sq ft. EEL 13.L2* ., Installed drywells Total wet land area to tie line �f =4082 sq.ft. �I � from gutters _ January 2008 �3 Total upland area �' 5 00 W =11,393 sq.ft. 61* 61 =_ Impervious coverage of "0' house and deck * R I G WA Installed = 1785 sq.ft.or 15.7% .+ . French Drain •�� January 2008 ... Q) '1 Tidal Wetland ..�.,...,.. .....�....... ,...._.,.r.... _ ,. .�...�..�.._ Boundary January 2008 �,pF SUr� J-'0V "&OFFICE LOCATION: ®� ®l® MAILING ADDRESS: ._� Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) V Southold, NY 11971 Telephone: 631 765-1938 � � Fax: 631 765-3136 1 4d' 9 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECMED MEMORANDUM ZONING BOARD Or-APpE-A LS 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 ALBERT LEUTWYLER#7022 SCTM# 1000-107-4-5. ALBERT LEUTWYLER#7022 - Request for a Variance under Article XXII I, Section 280-124; and the Building Inspector's November 21, 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at: 1) less than the code required minimum front yard setback of 35 feet, 2),less than the code required minimum rear yard setback of 35 feet;,located, at: 4573 Wickham Avenue, (Adj. to Long Creek) Mattituck, NY. SCTM# 1000-107-4-5. 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_ SCOTT A. RUSSELL ® 0l, JAMES A. RICHTER, R.A. SUPERVISOR s4 =f MICHAEL M. COLLINS, P.E. f t��(�TOWN HALL - 53095 MAIN ROAD - TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 ® ® Fax (631)-765—9015 MICHAEL COLLINSP_TOWN SOUTHOLD NY US ®� �� JAMIE RICHTERP_TOWN SOUTHOLD NY US RECEIVED -J(b1 off%a � OFFICE OF THE ENGINEER DEC 2 ® 2016 ![// TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson December 20, 2016 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA Application #7022 SCTM#: 1000— 107—04—5 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding an insufficient front& rear yard setback for the above referenced property. Please consider the following: 1. The front&rear yard setbacks noted on the disapproval are for the principal building along with the proposed second story. Please note that the existing deck has been noted with a rear yard of 16' on a previous site plan that was stamped approved by the Town Trustees on 10/28/09. 2. The property in question does not appear to have erosion or drainage issues related to stormwater. Additional drainage will be required for the reconstructed roof and this item will be addressed when the building permit is applied for. 3. At this time I see no Issues related to maintaining the existing setbacks for the proposed new second floor. If you have any additional questions or specific concerns related to this matter or if I have not answered your inquiry to your satisfaction please do not hesitate to contact my office. in rely, ames A. Richter, R.A. cc: Michael Verity,Principal Building Inspector v/`-�"^ WUNTY OF SUFFOLK + DEC i 10 9 i6 Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Commissioner and Environment December 15, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Ovsianik,Allen #7017 Goodheart, Bruce&Leona #7019 Paparo,Ari #7020 McDowell, Susannah #7021 Leutwyler,Albert #7022 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 (631)853-5191 j r RECEIVED XL DEC 01 2016 FORM NO. 3 ZONING 60ARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE:November 21,2016 TO: Albert Leutwyler 4573 Wickham Avenue Mattituck,NY 11952 Please take notice that your application dated:November 9,2016: For permit to construct additions and alterations to existing single-family dwelling at: Location of property: 4573 Wickham Avenue, Mattituck,NY County Tax Map No. 1000 -Section 107 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on a nonconforming 15,475 sq.ft. lot(12,900 buildable) in the Residential R-40 District is not permitted pursuant to Article XXIII =_ Section 280-124 which states; lots measuring less than 20,000 square feet in total size_. require a front yard and rear yard setback of 35 feet. The proposed construction has a front yard setback of 30.7.feet and a rear yard setback of 30 feet, 10 inches. Authorized Signe 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. RECEMD Fee:$ Filed By: Assignment No. DEU T 12016 ZONING BOARD OF AppEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ``.yy AREA VARIANCE Q +House No. 5 4 U Street �(�IfV� e �[(Ae Hamlet f"l 4 f udL SCTM 1000 Section_IQ7_Block_ Lot(s) Lot Size 5 A75 %^ one r'd0 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED i_ 41 12 BASED ON SURVEY/SITE PLAN DATED Owner(s): Mailing Address: Telephone: t7-Z33474ax: Email: 5iW1 f a t A00 0c db 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: Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY Tl<q BU DING INSPECTOR REVIEWED SURVEY/SITE L DATED C( 2�1V and DENIED AN APPLICATION DATED I ail �O I� 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 um Do not quote the code.) Article: . Section: Subsection: 1-01 Type of A peal. An Appeal is made for: ()I A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal g has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). 0 q . (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner -LV 1 ZBAFile# (9�(; RECEIVED Name of Owner: fq IVl�' ZBA File# Z®IVIfVG BOARD OF gppEAi.S. REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: (401 'Vi[( voh(�,d1�� �� 00L OL41W W j. leaOUf 0�- Wu�e), 1 lm(� icy-U/Fvl i�k- try 2.The befit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: e Olik w h� NO vvT/rt� �K �� � �? �#-� v� ��� 00- y V11 AAL J0ktWq"'- 3'.The fount of relief requested is not substantial because:. 1 � vie c � c��o rf 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: e e E� ��CU�U��dG(AadLt�fd1Y�i1ov+� ��i I �.c� �.A,, but U 1'e s I v�- f 5.Has the alleged difficulty been self created? K Yes,or{ }No Why: �ev-4 el;�L'r � � ii�Y ��y,WA Tju t�ovjm/ll love , ) a 0 j ice �o is e y 1 i '�. 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. 1 Signature of Applica or Authorized Agent (Agent must submit written Authorization from Owner) Swo to before me thi��day of cTl�rv�u-.(` i CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County Notary Public Commission Expires April 14,2040 DEC 0 A 2016 ,`VING BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION -j`baj- APPLICANT: ,�Il>er�- L,eu„�wyl�� DATEPREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: U.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 1 X(2.f Wd 9 4 f OCA 460(i4owo r Dimensions of new second floor: IV n ' i 0V► Dimensions of floor above second level: lAOU4e Height(from finished ground to top of ridge): $ Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: 311-ol III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas- Number Number of Floors and General Characteristics BEFORE Alterations: Wu le by k !1M 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: S�'f Proposed increase of building coverage: 277 s4ist Square footage of your lot: M41 Percentage of coverage of your lot by building area: o V.Purpose of New Construction: MA �jCr 9��1�/1�4�iqo a) �ab'Nnrtlt m, 4 ,Ind l 1 b ra r�r 9�}�d i�C l�l y a W ri�-e i at�td I eke Inv 0� t'ee �d e Y r e s� eAgerZ, VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and%how it relates to the difficulty in meeting the code requirement(s): e ti r A- les W (re Q , Ink Ll QMA S Wbm &614 51ke Ce 1,gii ju 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 r ,`/yy j RECEIVED QUESTIONNAIRE �� — FOR FILING WITH YOUR ZBA APPLICATION RECEIVE® A. Is the subject pre s listed on the real estate market for sale? DEC 01 2016 mi e Yes No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? M 2.)Are those areas shown on the survey submitted with this application?_ ey 3.)Is the property bulk headed between the wetlands area and the upland building area? YJ(0 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: owl 1 and if issued,please attach copies of permit with 1conditioKs and app oved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ^() E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? VO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?_(o if yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yjo If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel r and the proposed use 4kli 1 (ex:existing single Arnily,proposed.same with garage,pool or other) Authorized signatur and Date Fix, f RECEIVED DEC AGRICULTURAL DATA STATEMENT ®NIfVG BOARD OF gppE'q��� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, siteplan approval,use variance,area variance or subdivision approval onproperty 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: AA17e)+- W e< 2. Address of Applicant: L y 3. Name of Land Owner(if oth an er th Applicant): t% 4,V1(' 4. Address of Land Owner: &Lue 5. Description of Proposedp _g ,g Project: AAA 07e iQl�(VIF a'1�.L V� Id ,d —NU c 7.�1 d�9 i 6. Location of Property: (road and Tax map number) 4ff 13 VbIAM(W!J Z 1000110-71*X- 7. Is the parcel within 500 feet of a fatin operatio ? { } es { } 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) ,t>,/-- / W,hpv / ;0 2.01 b Signature of Applicant Date Note: I 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. 1 RECEIVED 61 DEC01 Appendix B Short Environmental Assessment Form ZONING BOARD OF APPEALS 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 I 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 Name of Action or Project: A,d h fi Project Location(describe,and attach a location map): i , Llc �w 11��✓ Brief Description of Proposed Action: k4 A —20 0111"T 4 L nu - f a�b W I i 4?, d . Name '.oyf Appliccant or Sponsor: Telephone: 141M)) - ��U � �� E-Mail: ( fiL"�l"1 �I ON Address: 57s WI&WAM Svc A0 H L46+Uat, CWPO:_ State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that Ix 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: X .3d��11�1r� , ` - �Oav�a �`�y �,�s4�'�ey �cvil d viw► �. 3.a.Total acreage oft 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 1 of 4 RECEIVED ` 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? DEC 01 2016 /['D X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ' 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: x 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 actiop will exceed requirements,describe design features and tecbnol gies: Lt i?Q+LiA 141 ':� �'�i � j�i d el t�i����f yV I�f�L�"7 X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: U4 Wd 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Cp{� 4eoA X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional 0 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? X 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? KNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ` ;r`;r• ';.;;'' If Yes,briefly describe: ,q �® G1 NO❑YES cf `ZI/1f�1 cv��f Wl d4W Y Page 2 of 4 18.Does the proposed action include construction or other activities that result in Mdment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: DE 1R 2M ZONING r,eARE. r.r n�..a nnnGAV S 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 1 Applicant/sponsor � ���`� ��� Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate y, - - ; .•-''; ; '"max:: y aR;,, small to large impact impact --" _ _ _ Yti':,..,. 'S` �,.•.y,pf.•iCr.,s; 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 i - RECEIVED ®�� _ No,or Moderate ffii ': (,t ^j small to large impact impact BONING BOARD OF APPEAL 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. ❑ 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 or RECEMD APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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. n YOU i_ RNAME : ,t�;°I'fAj'�lles�� �1►�� � (Last name��frsinam ,middle initial, nless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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 i DESCRIPTION OF RELATIONSFIIP Submitted thisrN 2 day o IYV Signature ° i L Print Name t,7�L IV �" I,Qka)l I yyll9f i I Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM DEC 01 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 Ed Planning Dept. E Building Dept. ILi5K)l Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction, planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 'FHA- Add a �tww ROT 1 20 0 91A- MJ-14�dw 0-W Iiatpid, Location of action: wWaNm A/&cnz � ��(RUL, VY I i q�Z Site acreage: 0,33 Present land use: 1 R, Present zoning classification: K9 ?ONING Bn9an ALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: L (a) Name of applicant: AI IlC�+ L'I w k/if f �(b) Mailing address: �'rJ g d JAA&w Am(A e, Oa u Vt& (c) Telephone number:Area Code( ) b k&0 2 d;—A 171 C el I A 31- 70 1— IS U *vwe (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ NoX If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. KYes ❑ No ❑ (Not Applicable- please explain) e +iAA OO 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) VI V �i f < �l t - RECEIVE® 16 Attach additional sheets if necessary ,ZONING BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable-please explain) e �Q� lA Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable-please explain) e f' 2 f�1�1 e cw 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 Yes EE No 0 (Not Applicable-please explain) P.� WcAl WWI Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP'Section III-Policies; Pages 22 through 32 for evaluation criteria. Yes E No (Not Applicable-please explain) RECEIVE[ - DEC 012016 ZONING BOARD OF APPEALS 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) Oube- (I Mved Avn 1 1120 13 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. YeLl No❑ (Not Applicable—please explain) icu� 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 ❑ (Not Applicable—please explain) RECEIVE® 22 L DEC 0 120 ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No 0 Not Applicable—please explain � c � 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 ❑ NoX Not Applicable—please explain � � 0 1 o yl I a e 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 ZPK7 Not Applicable—please explain Ir j F,ORbZ NO. 4 r R i TOWN OF SOUTHOLD RECEIVE® BUILDING DEPARTMENT J(D-Nn TOWN CLERK'S OFFICE DEC 01 2016 SOUTHOLD. N. T. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. .}2�}1��. .. . Date ... . ...........i.=uary . ..1.1 ., 19.b7 THIS CERTIFIES that the building located at .Blend.Pft.load... IBIS Tg&�9m Ave Of..... Map WC R•T-Ut-IR-:L.n Block No. . XX.. .. ...Lot No. XXX....X7.tt:1tUj*,p..W,#X w.. .... . conforms supstantially to the Application for Building Permit heretofore filed in this office dated ... .. .. .N 3r..• ••.• •. 19•h5 pursuant to which Building Permit No. .2744z.. dated 19..55, was issued and conforms to all of the require- ments , ments of the applicable provisions of the law. The -occupancy for which this certificate is issued is ...One•f 13.y ..summer.eattage . . .. .. .... .. .... .. .... .. .. ...... .. ....... The certificate is issued to . ..7emam Tuthill.. VAw».of.40*ttz ge . .......... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval ...Aim.q .3 19.67... y .Ro. 'Villse...... ... ... ... ... l� z L. .T-.1 •:3-:�- Building Inspects P9 Town of Southoli mex -� 12/'7 gPM/ED P.O.Box 1179 54375 Main Road DEC 0 1 2016,,D, ?5= K Pt A Southold,New Fork 11971 ZONING BOARD OF APP CERTIFICATE OF OCCUPANCY No: 36074 Date: 12/7/2012 THIS CERTIk3ES that the building ADDITION/ALTERATION Location of Property: 4573 WICKHAM AVENUE,MATTITUCK, SCTM#: 473889 Sec/Block/Lot: 107.4-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 8/28/2009 pursuant to which Building Permit No. 37068 dated 3/15/2012 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: "as built"alteration and deck addition to an existing one family dwelling as applied for per ZBA#6296, dated 8/18/09. The certificate is issued to DIANE DELUCIA&ALBERT LEUTWYLE (OWNER) - of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL,CERTIFICATE NO. 37068 12/3/10 PLUMBERS CERTIFICATION DATED 3/27/12 Mattituck Plumbing&Heating 9 Autho46ed Signa re RECEIVED DEC 0 A 2016 Office Locations' �� BOARD OF APPER&ftAddress: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) G Q P.O.Box 1179 Southold,NY IL971 Southold,NY 11971-0959 U ECEl�EQ ling/isoutholdtown.northfork mt BOARD D OF APPEA. S AUG 2 7 2009 TOWN OF SOUMO)LD TeL(631)765-1809 Fax(631)765-9064 So fhctftf Towst ! FINDINGS,DELIBERATIONS AND DETERMINATION MEETING HELD AUGUST 18,2009 ZB Fite#6296-Diana DeLucia,Applicant Property Location:4573 Wickham Avenue,Mattituck CTM#1000-107-4-5 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 11 category of the States 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 4121109 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact_ PROPERTY FACTSfDESCRIPTION:The subject property is a 12,900 square foot, not including��I5t3€f-Square feet of wetlands, parcel as indicated on a site plan prepared by Diana DeLucia and Albert Leutwyler, and-July 31, 2006 survey prepared by Smith, Jung and Gillis, L.S. The property is improved with a single-story 852 square foot frame dwelling.The parcel measures 153-0 feet along the Southern property fine to the high water line, 108.81 feet along a tie line adjacent to Long Creek on the Western property line, 146.5 feet along the Northern property line,-and 106A2 feet along the Eastern property line to the private right-of-way. The property has a tidal wetland boundary along the western edge of the property at Long Creek. BASIS OF APPLICATION: Requests for Variances under Section 280A24, based on the Building'lnspector's February 10, 2009 Notice of Disapproval concerning a proposed deck addition to the dwelling, which new construction will have setbacks from the front property line at less than the code-required minimum of 35 feet and from the rear property line at less than 35 feet. LWRP:TOWN CODE-CHAPTER 268: A letter dated July 17,2009 from Mark Terry,Town LWRP Coordinator, addressing the variances requested, made the recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to farther the below listed policies are implemented, Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Page 2—August 18,2009 \� RECEIVED ZEA A 6296-Diana DeLuca.Applicant CTM#1000-107-4-6 DEC 01 2016-1 DM ZONING BOARD OF APPEALS E.Maintain buffers to-,ensure that adverse effects of adjacent or nearby development are avoided: 1.Maintain buffers to achieve a high filtration efficiency of surface runoff. 2.Avoid permanent or unnecessary disturbance within buffer areas. 3.Maintain existing indigenous vegetation within buffer areas. The LWRP Coordinator also recommends that a perpetual, natural buffer be required to protect Long Creek. The Board agrees with these recommendations. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 30,2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,ttie Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to construct a new deck addition to an existing dwelling as shown on the site plan prepared by Diana DeLucia and Albert Leutwyler dated January 2008. The proposed new deck addition will require a Front Yard setback variance and a Rear Yard setback variance. ADDITIONAL INFORMATION The applicant has acquired a NYSDEC permit for the proposed new deck addition. The NYSDEE permit is requiring multiple conditions and obligations,one of which is the installation of dry wells_and french drains. The NYSDEC permit is also requiring the incorporation of a restrictive covenant to the property,deed which shall restrict any further development to the property on the seaward side(Long Creek) of the existing dwelling. REASONS_FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board'makes the following findings: 1. Town Law 6267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood of a detriment to nearby properties. This lot has 153 feet of frontage along a private fight- of-way. The home S centered on the property, and based on the code definition, the Building Inspector determined the front yard is the yard adjacent to the fight-of-way, and the rear yard at the opposite or northerly side of the home. However on this property,the waterside is the applicant's usable back yard,and the technical rear yard by code de€ir ition appears to be a side yard. The style of the proposed deck is similar to what exists in the neighborhood. The area is heavily treed and the existing dwelling would shield most of the view of the proposed new deck addition from adjoining property owners. 2. Town Law 4267-1?(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 existing dwelling with its existing two entry/exit locations make the location of the proposed new deck addition the most functional and practical. With respect to the Front Yard setback variance, the applicant could redesign the proposed deck to eliminate the location which is requiring a Front Yard setback variance. With regard to the rear yard setback variance requested,the existing dwelling is already within a rear yard setback limit, and any protrusion from the existing dwelling at this locafiop such as a deck addition or any structure will require an area variance. RECmVED Page 3—August 18.2009- ZBA#6296-Diana DeLuda,Applicant DEC 01 2018 CTM#1000-107-4-5 I b�.. - Z®NING BOARD OF APPEALS 3. Town Law§M-b(3)(b)(3). The Front Yard setback variance requested is 10%which is not substantial.The rear yard setback variance requested is 54%which is substantial. 4. Town Law§267-b(3)(b)@. The difficulty has been self-created with respect to the requirement of a Front Yard variance, because the applicant could redesign the proposed deck to not require a Front Yard variance. The difficulty has not been self-created with respect to the requirement of a Rear Yard variance because the dwelling e)asts in its present location. 5. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6.Town Law V67-b.Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the"benefit of his property,while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under ,t New York Town Law 267-13, motion was offered by Member Schneider,seconded by Member Goehringer, and duly carried,to GRANT the variances as applied for, as shown on the site plan prepared by Diana DeLucia and Albert Leutwyler dated January 2008 (date stamped Mar 27 2009 by ZBA) and elevation drawing dated 3124109. Any deviation from the;variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This_action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: A)es: Members Goehringer(Chai Vt+eism , d Schneid r. This Resolution was duly adopted(4-0). u RE)P. GOEHRINGER,CHAT 8/2.s/2009 Approved for Filing I TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 ` 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey Sou tholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application RECEIVED Flood Permit Examined ,20 Single&Separate Storm-Water Assessment Form ZONING BOARD OF APPEAL Contact: I 1 Approved ,20 Mail tto:4I tlG��dd J �1 eu}Wyler Disapproved a/c 4�73 wld/43Wl AVP.MJ��1�uuC �lq)Z Phone: (A�1293_&R9 _ Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT , Date 8 , 20� INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to.schedule. b. Plot plan showing location of lot•and of-buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a"Certificate of Occupancy. It I ` - f. Every building permit shall expire if the work authorized has not commenced-within 12 months after the date of issuance or has not been completed withinJ8 months frdm such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, if writing,the`extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department•for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and'other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions,or•alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,'housing code,and re ulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) `13r�lw ue cy-C � �9Ry �i 1n1i 2 (Mailing dddress of applica t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder ow v Pi Name of owner of premises -1�e� LeL4"+Wy)ef (As on'the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1, Locatio,�lof l d onw l;i li proposed 1 work will>�`�1'�l�/I�IL House Number Street Hamlet County Tax Map No. 1000 Section _Block 0 Lot l/0 i Subdivision Filed Map r, Lot; I 1 12. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ?gym kiy ye5�r emte RECEIVE[) b. Intended use and occupancy QG\Q[,I>� �j� &(A[Q DEC 01 2gg 13. Nature of work check which applicable : New Building Addition ® MG 110AR F �( pp ) g �l�eraap Repair Removal Demolition Other Work ! . (Description) 14. Estimated Cost �2�,�(�� Fee (To be paid on filing;this application) 15. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 1 " 6. If business, commercial or-mixed occupancy, specify nature and extent of each type of use. 1 7. Dimensions e existing structures, if any: Front 2$t�► Rear 2$ 4 t Depth 308 Height l (�," Number of Stories ( 1 I Dimensions of same structure with alterations! rladditions: Front + 1 r Rear Depth _ 3 Height 2�+ ? Number of Stories 18. Dimensions of entire anew construction: Front Rear De th 30D 3 Height 2b +b Z Number of Stories 9. Size of lot: Front l r b Rear IA' I a 2���t , Depth (1(� I I10. Date of Purchase 1-7 70(9 Name of Former Owner LaWCPrUW %/l���i� 11. Zone or use district in which premises are situated SIB—�3 A/l G )j 9V'eQ,MCe I 112. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 113. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO 114. Names of Owner of pp�re ises A �e4"a) W\Jy f AddressA-573 66tt *M� Phone No._�Ak- 283-4]2 Name of Architect' 'i ld A( fdAw Tf Address 28Aqf h I ' Phone No 031- 374.46 24 Name of Contractor jWgAl 14 O&CVLAC AddressV2JTI ,1�Qtub�e Phone Nol 5'lb- 6 y 2-007Q 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. i b. Is this property within 300 feet of a tidal wetland? * YES,' _NO i * IF YES, D.E.C.PERMITS MAY BE REQUIRED. 116. Provide survey, to scale, with accurate foundation plan and distances to property lines. i 117. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. I Il 8. Are there!any covenants and restrictions with respect to this property? * YES X NO i * IF YES, PROVIDE A COPY. 'STATE OF NEW YORK) i SS: !COUNTY OF ) ; -- being duly sworn, deposes and says that(s)he is the applicant.:" {, (Name of individual signing contract)above named, (S)He is the J (Contractor,Agent, Corporate Officer, etc.) I 41of said owner or owners, and is duly authorized to perform or have performed the said work and to make'and file this application; hat all statements contained in this application are true to the best of his;knowledge and belief, and that the work will be !performed in the manner set forth in the application filed'therewith. !Sworn to before me this day of 20 i Notary Public Signature of Applicant! I , - �' ��� 'tr' _ — —• � _ � 1 .1�fi.. ��-_ .'./�' a \. � _ �. .. � - ram. - � '., is _'2 •��r� tea. �'_ _ .__ . i A)v, � Ifu-�Wy�l RECEIVED Iv DEC 01 2016 ZONING BOARD OF APPEALS ------------ IL------ _ _ •-.....�.-� �.._-.,._..--- ,fir 3nV I�f{�titiF 3� A , � III Not t� � t M _ =— �a �. N.a ."W MbM Lc? twyof RECEIVED �O;t-3L DEC o 1 2016 ZONING BOtiP[)CIF /iPPEgLS 1 t ( # c^vsutaa cvnix� orn! , s. �daa DEC n 2016 ZONING BOARD OF APPEALS 01 I+� among X `. �(i�i`t trrrrarrrrr��ii�iii 'i�R�iiw�iiii�iiisaii�a rr ■ fibs . ('rrra wrr ■arra a_ 6 t �'�' +► ` � - - tom, .f RECEIVED DEC 01 n,, ZONING BOARD OF APPIALS 1 _ 17 + 4 I fi� j A i' M A �� Fs!en♦�*�Lw i .ern / �i•.�..- ,.• ". 'wii !l ,+- a Pax. - s�iq - �-''' - n •. .;.� � � ' �y aw 1. ..- - i eel- RECENED 111111 Nil 1111111111,111111111111 IN IN DEC 0 12016 ZONING BOARD OF APPEAU SUFFOLK COUNTOY- CLERK RECORDS OFFICE RECOMING PACE, Type of Instrument: DECLARATION Recorded- 10/25/2012 Number ®f Pages: 6 At: 03:54:58 PM_ Receipt Number : 12-0123229 - LIBER., D00012709 'PAGE 617 District: Section: Block- Lot., 1000 107 .00 04.00 005.000 E=41NTED A_ND CHARGED AS FOLLOWS Received tine Following Fees For Above Instxmment, Exempt Exempt Page/Filing $30 .00 No Handling $20 .00 NO cog $5.00 Mo BTYS SRCHG $15 .00 No TP-584 $0.00 NO Notati®n $0.00 NO Ce=t.Corjies $0 . 00 MC RPT $60.00 NO Fees Paid $130.00 THIS PAGE IS A PART OF- THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALS County Cle=k, Suffolk County DEC This docurnant. 1.viFi ZONING BOARD oufip record. Please remove all - Social Security Numbers _.- prior to recording- Deed/_IVlortgage Instrument Deed/Mort2age Ta`: S,Z7w Recording 1 Filing Stamps - n FEES -Mortgage Amt. 1. Basic Tart Handling =- __ 2. Additional Tax TP-584 Sub Total _Notation Spec./Assit. or- " EA-5'_ 17 (County) Sub Tat Spec./Add. TOT-MTG.TAX D tal To:;-n Dual County ` y 4 s Held for Appointment Comm. of Ed. 5. 00 ` 2 L � Transfer Tax =-� • _e __�F4 ra 1 Zlansion Tax Tree proper-covered by this mortgage is or %vIll be improved by a one or two \YS Surchar_e 15. 00 family d«elling only. ` Sub Total YES or NO f ", Grand Total J ' If NO,see appropriate tax clause on Page# of this instrument. Dist lvvv 10700 voa oo�aoo C� � � PreservationReal Prop ��T Colasideration Amount $ Tax Ser% j R BHO ,A Agent \25-OCT-12/' CPF Tax Due S Verificat - — Improved 6 Satisfactions/Discharges/Peleases List Property Owners Mailing Address RECORD &RETURN TO: 'Vacant Land t T� {tyke � TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 a Title C� an ormagon 310 Center Drive, Riverhead, NY 11901 Co.Namo www.suffolkountyny-gov/clerk Title# _ - M -r-.ge Amt. 1. _lc Tax 20. 00 DECEIVED�, . 2. Additional Tax - DEC 01 2016 Sub Total Spec 1 Assit_ ZONING BOARD OF APPEALS or S; �n Tota' S�e` At-L , s T�- 37G.T-i-_K R.P.T.S.3. a= .i0 In Dual Count.= - -a Held for Appointment Comm.of Ed. S. 00 p Transfer Tax Mansion Tax Tn-=- _ end.•covered bv ti?is mortgage is 1 e improved bv a one or two -N S Surch:r.-=e 15 00 � iat .a. e�r_g only- ` Sub Total YLS or NO Other " 1 may,'. Grand Total If N O,see appropriate tax clause on page r of this instrument- Dist - 000 10700 040o 005000 � C;0M U�tp ae�ation Fund' Real Prop T�S-\, Consideration Amount $ Tax Seri BHo A } Agenc f CPS`Tax Due -o `eritacat -- -- ---- --- -— - Improved Satisfactions=Discharges/Releases List Property Owners Mailing Address RECORD &RET 3 l TO- Vacant Land 3 k j P TD > t 5 'ID 4 {{ pj, t � r1r � tt '( f t 01 7 TD Mail to: Judith A. Pascale, Suffolk County Clerk TWe Cgs amp 310 Center Drive; Riverhead; NY 11901 Co_ie7ame www.suffolkcountyny.gov/clerk Title b This page forms part of the attached i �,:�, ' made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW FORK -, TO In the TOWN of In the VILLAGE or HAMLET of BOXES 5 THRU 8 MUST BE TYPED OR PUNTED IN BLACK INK ONLY PRIOR TO RECORDLNG OR FILING. 12-0104.10t08kk (over) RECEIVES .� DECLARATION OF COVENANTS DEC 012016 ZONING BOARD OF APPEALS T THIS DECLARATION made this j 'tea day of �,f`' = `, � 20 V by ' eil'� ' �.T �, i (�, f4siding at JL ��i]� hereinafter - i y referred to as "DECLARANT(S) ": W I T N E S S E T H WHEREAS, DECLP_RANT,(S) is/are the owner (s,) of certain real property located S I Cson Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 4 D 7 Block Lot �� rj which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter'referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANT(S) therefore made application to the Trustees for a permit pursuant to the Werlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit t;o, undertake such regulated activities, the Trustees required that ay "=_�r� � : ` 1 .�..iy� � ;� y ,� �r47 � � ?� l }sir "non-turf buffer" adjacent to and landward of RECEIVED DEC 01 2016 TOP OF SLOPE, CREST OF BANK; ZONING BOARD OF APPEALS NOW, THEREFORE, the DECLARANTS) do/does hereby covenant and agree as follows: 1) Upon the substantial completion of the aforementioned permitted activities there shall be established and su{bsequenntl{�yn1t mla�intaineFd, rip" - f {�� V i41 N- "�ih. �}�I{/�t b } 'fit-'"U( •-x€ri' {.�li V�� '"Lj-�= Ut 3- V t! °1 t� "non-turf buffer" as defined by Chapter 275 of the Town Code; VL and 2) These covenants shall run with the land and shall be binding on the DECLARANT(S) , his/her/their heirs, assigns, purchasers, or successors in interest and may only be modified aff.er a public hearing and upon resolution of the Trustees . IN WITNESS WHEREOF, the owner(s) has/have duly executed this instrument this day of ,� wow d�[` ��-��o,J 20 J � l o R s src- TURE OWNER`S SIGNATURE STATE OF 'J�+e 2 RECEIVED DEC 0 1 20% 4 �✓� 'J'�- ZONING BOARD OF APPEALS t On the day o� updersigned, � Tot i r� � :��c �� � . 'lr one _ea_ 20 j 7�_before me th, �� and for sasct 3, ^rc z 'mac" Ct��- , r- alDiDearei 1 r rs -i_ s:nC, :_' to me or }?r,Jvc�: Tne r! SatlSf2C 0rV' 2i'c:' C LO - -- ? l�l: �aslS G- Ge the "d-,ldua.l (S} r'=20Se n r�.= the w- :h.n c r � ' - -- - � a= f s) is/ale subscri bed L( -'- li_ l U RL and cCr"i?isi-:l�i? ev^ .-i s/her/-hle LO ICtc L lc� 2c/Snc/��?ey =XeCULed the saIl1 3I t__o_r Cc3aCZ 1, and chat ;1 _is/herllheir s-i na ufe(s) op -, `±c instrument, :he individual i Vidual or he persons or be'_^a f of tIt?i sh the ^di-vidun1 s) acted, e--e she instrUlt ent_ - --- - r CL tc_ Notary Public Lz- N,p.41 F' a'_ �( Tc+J�'asr.aa' 'EitIe I--riarance +�`oav,-npa f RACE �'Ld g E J�f�'Litii_aeEII Sic Iran d v �. 7 e• IVI:D TITLE NO.06-7404-65787-SUFF SCHEDULE A-1 (Description) Z®IVIIVG BOARD OF APPEALS AMENDED 8/4/06 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Torn of Southold.. County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of a thirty(30) foot right of way distant the following courses and distances measured along the easterly side of side thirty foot right of way from the intersection of said easterly side of said thirty foot right of way with the northerly side of Wickham Avenue: 1. North 30 degrees 17 minutes 20 seconds West 254.53 f et; 2. North 35 degrees 00 minutes West 125.00 feet; 3. North 23 degrees 59 minutes 50 secorids Nest 186.00 feet; 4. North 25 degrees 25 minutes 00 seconds East 75.58 feet from said point of beginning; RUNNING THENCE along the northerly side of the same thirty foot right of way North 84 degrees 35 minutes 00 seconds 'Vest 153.0 feet to the high water mark of Long Creek; THENCE along Long Creek the tie line being North 28 degrees 38 minutes 00 seconds East 108.81 feet to Map of Wolf Pit Pond Estates; THENCE along said land South 84 degrees 35 minutes 00 seconds East 146.50 feet to land now or formelry of Dean Tuthill: THENCE along said land South 25 degrees 25 minutes 00 seconds West 106.42 feet to the point or place of BEGINNING. TOGETHER with an easement for ingress and egress for the installation of utility poles and, equipment from the southwest corner of the above described premises to Wickham Avenue over the said thirty foot right of way_ rrIIF POLICY r'O BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYA11XING ONLY. Together with all the right,title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULER-1 (Description} Rev.(03/04) -c Northeast Neighbor: Owner and Preparers: SCTM 107-4-211 Allan Dickerson Diana DeLucla and Albert Leutwyler 460 Paddock Way,Mattltuck,NY 11952 r f�W�� 4573 Wickham Avenue 0®6t U"�'�o�B, FND Mattituck,NY 11952 MON SCTM 1000-107-04.005 Zg,l' 11 FND M014, Connection from gutters Wetland Boundaries delineated by �® m ;;, tr. and location of Dry Well Jeffrey L,Seeman o �10 y,, i.afeet`" Coastal Environmental Corporation ®� ® 'y'� %'a' •�'�f' ''' East4uogue /tt "9 1� ;t e tr, 38peCO January 2008APPROVED BY � � t r•� BOARD OF TRUSTEES — _ TOWN OF SOUTHOLDQI �.L eef$ 1 4•�' ;' �� ,� Southeast Neighbor: ® �.. r' rr T ' , SCTM 107-4.6 IvanTchebotarev ®' 458;WlckhamAvenue Maitltuck,NY 11952 Description of Project: Np WIRES M FND Remove existing entry steps Into house 14.4'1f' NAON M N �!, ' F' 1' v" on two sides,Construct a wood deck r with 36"ralls all around plus two sets of steps 4/ Bhp p�ili OCT.2 J for access.Attach deck to existing house on U�' 8 40 3 0 fib' Vtf U o j ? three sides42"above ground level. Add french drains,gutters and dry Well to (T� H�VV�.) mitigate water runoff \ I Scale:"! 16' Total lot size is 12,900 sq ft.,not Including' "1 Plantings of: 1,500sgft ofwetland. �' t}� prunusnwrmime Impervious coverage of house prior to + s" baccharis halimfolla ` ab decking Is 852 sq ft,or 6.6°10, ,� ' ilex glabra Southwest Neighbor: ltj N Impervious coverage after decking t r myrle pensylvanica SCTM:107.4-12 ` ��' � Is 1,518 sq ft,or 11,77%. iophylia breviligulata Shirley'futhill )uncus effuses 448 Heron Pont, \ 0 � ; No clearing or fill needed. sea lavendar and Chestertown,M C: D 21620 pu No plants or trees will be disturbed. festuca ovina glauca ` � 1 D C7 m 1 X f7 TOWN OF SOUTHOLD ' MOPERTY RECORD CARD ,,xv - /s OWNER STREET VILLAGE DIST. SUB. LOT A 7 FORMER OWNER E ACR. "4- 1'1,146 11, �5w W TYPE OF BUILDING '77 S 7 m VVI, - 4e RE Q SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 6:Z P)� 2141 pnk, rarnd� -,ownp D 0 5 u-6, k 146, _a A.r e,o 0(1;) 3000 If, � tg- 'L 1 -7 q9pa4l- 4etl to `ZSC,fip =kf'-)-I'-b j,vvr, LL01- 0 0� T, 12 E)Arv��)'64 qal)a I 101til'05 ED L I LID 6p U altal 14- &ied 441)D AGE BUILDING CONDITION 0121 ace 54'1)c_4 9 K-1 Rt-- S 2 0(0 k, I _C( NEW NORMAL BELOW ABOVE �ja z 14LL /w f vlel FARM Acre Value Per Value Acre- Tillable FRONTAGE ON WATER 209) Woodland I FRONTAGE ON ROAD I JL5 Meadowland DEPTH 10 House Plot BULKHEAD Totcl- DOCK r r ^ } ��. 1. �f "" e' � °a:• -y s'�. Nn■■IEMMEM �N�n■NNNN�■■■ CNN■■■■OMEN■■■■■NON■■■ n��■ENO EMENEMENN OEM, `-'�'�"- = ` �° � - - fl��.. ` � -�° �: �N■EEDMEM■ NEE■MEMNE■NO■MNMMNN MEN ■EN®NNME■EEN _ =CCC� �� �-� �E■ME �i1/NEE■EEN■ENOMEEEEM IN■E■ NMMEN■MONNENNMNMNNMMOMEN SEEMIUMME MEMO ME NNN uR i rr ,,.��s•4�•fa.,.s ++Tv; 4 f-.- I :w r,'! d r" 'iit+. � �^'; N■E■NEEMEMENMEMNNM MEN NNMNNMNN NMINEURIMSE MN=7NONO BEENEMNNNNN ■■■E■■■■■EE■OEEE■EEEO NN NN r INMNM■MM■■■nENMNMEMNNN� NEE ■NOMEN■E■E■NNEMMEN■ENBasement ■OEM Foundation ., Type Roof Rooms I st Floor Recreation Room Rooms 2nd Floor ELIZABETH A.NEVILLE,MMC may® r/y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 H Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • .� Fax(631)765-6145 MARRIAGE OFFICER �� ate! 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: December 1,2016 RE: Zoning Appeal No. 7022 Transmitted herewith is Zoning Appeals No.7022 for Albert R.Leutwyler-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form,Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Certificates of Occupancy, Findings Deliberations and Determination Meeting Held August 18, 2009, Application for Building Permit,Photos, Copy of Deed, Copy of Survey, Property Record Card, Survey with Tidal Wetland Boundary, Drawings, and Survey. l f * * * RECEIPT * * * Date: 12/01/16 Receipt#: 214640 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7022 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#322 $1,000.00 Leutwyler, Albert Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Leutwyler,Albert 4573 Wickham Ave Mattituck, NY 11952 Clerk ID: SABRINA Internal ID:7022 a � BOARD MEMBERS ®F S0 Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� °S°®�® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G 4=. Town Annex/First Floor,Capital One Bank George Horning �® ® A��® 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQU (,� 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, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 2, 2017: 11:00 A.M. - ALBERT LEUTWYLER #7022 - Request for a Variance under Article XXIII, Section 280-124; and the Building Inspector's November 21, 2016, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet; located, at: 4573 Wickham Avenue, (Adj. to Long Creek) Mattituck, NY. SCTM# 1000-107-4-5. 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 TIi,. E F HEARIi4i� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 5309 5 Main Road , Southold: NAME : LEUTWYLER , ALBERT #7022 SCTM # : I 000= 1 07=4=5 4ARIANCEN YARD SETBACKS r-,EQUESTOE ADDITIONS ALTERATIONS DATE : THURS . , FEB . 21 2017 11 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 �(c J Y:------------- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS -7O SOUTHOLD,NEW YORK L-f5QTLOY L AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of A plicants) SCTM Parcel# 1000- (91 COUNTY OF SUFFOLK STATE OF NEW YORK I, Wtw�lef residing at 3 W 4 Aa4m Awl o� 'I'�A SIG IV New York, being duly sworn, deposes and says that: On the &,Nay of/aVjqjap/j0 , 20171 personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached-Legal Notice in --- -- -Pfepaid envelopes addressed to current property owners shown on the ciirrent assessment—--- -- -- - - - roll verified from the official records on file with the ()C Assessors, or{ ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the appli t' grope y. (Signa e) Sworn to before me this ay of �ov�,�, , 20 .� CYNTHIA M.CUSATI Notary Public,State of New York No.016 100507 Qualified in Suffolk Coun O� 0A AIV � ComM Sion Expires Oct 20_b at Pu ic) PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. w ce-� u 'TwA 0q�- imam 1197) - 09 � 9 Z,M Vcted@k1� c leuvol o I I`twy/ Sty (te 40 �dZ- -2 1111�� -1 tea rl� e 1�ir�Ce� ��i M-y Fta-RiNcll-, Ny - 119�?- 1 cI e-Eta rev %rp I " eUV 6 45 93 W I craw, hvel,�Ae R?r A+ut.c4/ P Y 'I I g h 2 bacy + TM�kqg �QFNO'40 A�75 1 c1<�L-uw, kftub 114 �+4+IAA41 N y I I q�2 N. Aft gm ■ Complete items 1,2,and&Also complete A. Signa re ' item 4 if Restricted Delivery is desired. ��1�,, ❑Agent I ■ Print your name and address on the reverse X Iti� ddressee Z so that we can return the card to you. g, a ived y(Printed Name) C. Dat o Del' ery ■ Attach this card to the back of the mailpiece,, j or on the front if space permits. D. s delivery address different from item 1? Yes 1. Article Addressed to: = If YES,enter delivery address below: ❑No } Way I 3. Service Type ❑Certified Maif® ❑Priority Mail Express' I - -- - - - - ❑Registered ❑Return Receipt for Merchandise IIIIIIIIII II II IIIIIII IIIIII I'llll IIIIIIIII.,^� 4. 13 Insured Mail E3 R Collect Delivery estricted Delivery?(Extra Fee)n ❑Yes 2. Article Number I (Transfer from service 166eq PS Form 3811,July 2013 Domestic Return Receipt r i i l COMPLETE •N 'COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X �4 ❑Agent ■ Print your name and address on the reverse ❑Addressee j so that we can return the card to you. . gf,Becei by(Print d Na e) C. Date of Pelivery ■ Attach this card to the back of the mailpiece:, p or on the front if space permits, 4�,'; ""- y 71 D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: „:4w. If YES,enter delivery address below:_El No Nee :--------- IIIIIIIIIIIII: IIIIIIIII IIIIII IIIIII•IIIIIIIII II I . ___.=; � 3. Service Type �1 J ❑Certified Mail® ❑Priority Mail Express'" ❑Registered ❑Retum Receipt for Merchandise "� L�1 t I J VILLtt / ❑Insured Mail ❑Collect on Delivery i 4. Restricted Delivery?(Extra Fee) ❑Yes ` 7 ii5` 64 ;; ' id `0'067s 5063 62t,7 T PS Form 3811,July 2013 Domestic Return Receipt COMPLETE . . . ■ Complete items 1,2,and 3.Also complete A. Signat ❑Agent item 4 if Restricted Delivery is desired. X - ��_ Addressee ■ Print your name and address on the reverse so that we can return the card to you. p B. R ei d4(Prin d N `"C. ate of Delivery ■ Attach this card to the back of the mail iece, �" or on the front if space permits. D. Is delivery addres's Iffe nt from ite 1. Article Addressed to: If YES,enter delive a dress by tUO: o tt 'TOWIA Of �JAAC?W e ) 1�,y-7 1 3. Service Type _1 [3 Certified Mall® O Priority Mail Express'" i+ -- -— --' --- — - — ❑Registered 0 Return Receipt for Merchandise j ,I El Insured Mail ❑Collect on Delivery II� ]Yes— 2. Article I c,i, .S _• ;A-; ffiran PS Form] ' � e e ii • e . ■ Complete items 1,2,and 3.Also complete A Sig I ture� item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we Can return the card to you. g ecelved by(Printed Name) C. Date of Delivery 4 ■ Attach this card to the back of the mail ieae..� a t or,;on the front if space permits. p i p! w , . D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: �'T4iz; ❑No - s; If YES,enter delivery address below: IA Ve Vey . F,,f --_ __- - - �� �����, c�� � : ••-111IIIIIIIIIIi-IIIIIIIIIIIIIIIII1111111111111J5., , M► T a 1y07 J16MO , "' 3. Service Type ❑Certified Mail ❑ s'"Priority Mail Expres ® ❑Registered ❑Return Receipt for Merchandise � a e ❑Insured Mail ❑Collect on Delivery � I ``�pl Vt aVOd I PY i�78 4. Restricted Delivery?(Extra Fee) [3 Yes ' 2. Article Number (Transfer from service label PS Form 3811,July 2013 Domestic Return Receipt 1 ■ Complete items 1,2,and&Also complete A. Sin re item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse,,, III Addressee fso that we can return the card to you. B. Received by(Printed Name) bate o Delivery ■ Attach this card to the back of the mailpiece, ///1 T-up,1/�� � 17 or on the front if space permits. `� ' D. Is deli ery address different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: d No (13,1Y41 1 to Nm pifo -h vJ Wf 0Am Ave u(4e 3. 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Article Number (Iransferfroms:' = 7315 3640' 0p"p-7 5063y 62 0Li PS Form 3811,July 2013 0 r • 1 ,o TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) �, �be ii � , �� residing at 4�73 wk-Wn� A ra4 Vie I 19 �i,New York, being duly sworn, depose and say that: On the noIn day of__ _ �_ , 201 7,_I personally_placed the_To_wn's Official Poster, with the date-of heari g and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be FC�PLg g t y 'Z 1 �0 17 1 (Signa e) Sworn to before me this C95-Day of J anL-evL j, 201(o LYNDSEY DIMON Notary ublio,D State of 76ew York No.01(N ary Public) Qualified in Suffolk County Commission Expires 11/27/201,0?' * near the entrance or driveway entrance of my property, as the area most visible to passerby. P"i Service" Postalj ' MAILo RECEIPT CERTIFIED CERTIFIED © RECEIPT Domestic Mall Only Domestic Mail Only N , ru .n MAT TU f 3tY 1 t3 ' M [ F•;,Z 1) �.-x U 4� ,� Certified Mall Fee $:r.3t) 0901 .0 Certified Mad Fee $3°3G 0901 C3 $ 7 �$ C3 $ 7 �( Ln Extra Services&Fees(check box,add lee a)qp.lnRrlate) t�Q N 1° Extra Services&Fees(check box,add leeSgV"gppate) G Nr ❑Return Receipt(herdcopy) $ �.111 �`��'l���i �`_ postmaflf�_�' ❑Return Receipt(hardwpy) $' V LL�r�r�r GG�` J ❑Return Receipt(electronic) C3 ❑Return Receipt(electronic) $ �v PostmarlC�Q ❑Certified Mall Restricted Delivery $ g - `= 0 ❑Certified Mall Restricted Delivery $ r Here ;n ❑ SignatureI ' Adult Required $ ° y C:3 ❑Adult Signature Required $ - 11011 I + []Adult Signature Restdcted Delivery$ ` []Adult Signature Restricted Delivery$ � O L d E:3 Postage $1.15 �w O Postage $1.15 f [] $ ' \ 1C(/2 / -a Total Postage and s 5 /iClcn 17 O Total Postage and peg:1 i Q '�•1.1 ti v. ' $ L S S Ln Se Ln s rr �/�� —(� +, C511�� _`vim- \ Ip Nv` O 81l y`��I--v1---1—!-a-r.%4 O Stre t nblpt: o,orP Sire t pr PO x o. 4 � t 7 crty s e, ---- -------- - - City, t to P 4® t UL VY I( 5-2� TM Posta[Service Postal ECEIPT CERTIFIED o RECEIPT r� Domestic .. 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HAU"ID11,T €1 7 T- A L U 3 E `m OCertified Mail Fee $3 Q$ .3 � Lr) Extra Services&Fees(checkbox,add lee ' ate) \ -I ❑ReturnRecelpt(hardcopy) $ S , O C3 ❑ReturnReceipt(electronic) $ ,( � �stmark ❑Certified Mall Restricted Delivery $ $ry-- d1re � []Adult Signature Required $�n•�(t( r•�_ �O []Adult Signature Restricted Delivery$ C3 Postage �� J $ $1.15 `SAS Total Postage and Fees �4 y�,QL2017"= . $ $7.15 Ln eALQV1t�� GVtVi a 41 Yty 0} . ty n1 -- 1i — i �e `A1 0,64A su -----CrtyR y, �� i I ' #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 26th day of january, 2017. l! •. ,ee,� Principal Clerk Sworn to before me this day of 2017. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Cornrnissisfi a»trfres Febnrary 28,2020 63735 Suffolk County,Rout4gAdj. in;.pfisapproval based on an application for - Request for a Variance under Article the Long Island Sii a).'(Tree ps ft,I�11'��x apeiaut to collocate a wireless communi- XXII,Section 280-116A;and the-Build= SCTM#1000-40-1-20.2, d8nons facility on subject property at-1) ing Inspector's No caber 162016,Ni6 c, LEGAL NOTICE 10:15 A.M.-BRUCE AND I EONA-•}less than the code required minimum side of Disapproval based on aw.applicaiik`- SOUTHOLD TOWN ZONING GOODHEART#7019 - 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 existmg 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 GREMLE9 alterations located less than the code NOTICE IS HEREBY GIVEN,pur- based on an application for a permit to JR.AND MICHAEL MURPHY#7025 required 100 feet from the top of the ' suant to Section 267 of the Town Law and construct additions and alterations to -Request for a Waiver of Merger petition -.bluff;located,at:555 Soundview Avenue, Town Code Chapter 280(Zoning),Town an existing single family dwelling,at:1) under Article II,Section 280-10A,to un- (Adj.to Long Island Sound)Orient:,.NY of Southold,the following public hearings the proposed additions and alteration merge land identified'as SCTM No.ION SCTM#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'SCTM "} 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 Ball,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#1000-67-4-24. of Disapproval,which states that a rion- old'Ibwn Planning Board has requested 0959,on THURSDAY,FEBRUARY•2, 10. 5 A.M.-SUSANNAHrMCDOW- conforming lot shall'merge with an adja- 'that'the Southold Town Zoning'Board 2017. ELL On-'.Rdqu6st fora Varian&ih-- cent conforming or non-gnforming lot of Appeals make an interpretation,pur- %M 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 time 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 shall merge until the" niag Board Memorandum dated January Building Inspector's November.,I,,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(miriitnutm 40,000 'as.to•whetheritbe:proposed site.plan for canon for a permit to construct an acces- an existing non-conforming accessory sq.ft.in the R-40 Residential Zoning Dis- Surrey Lane Vineyards can be considered sory in-ground swimming pool,at:1)lo- garage at:1)dess•than the.codereti iked trict);located,at;98(1WashirtgtonA,ve�ue, a winery•and a,petmitted use and to de- cated in other than the code required-rear mmimiun front yard setback,of'40 feet,2) Greenpoi•t,NIA'SCI'M Nos.1006=41. 124' ' 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_REWS-MA- The Planning Board further requests 9:45 A.M. - 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 7ZI, Section vide an interpretation of"wine tastings" under Article XXIII, Section 280-124; 11:00 A.M. , ALBERT LEUTWY 28049;Article XVIII,Section'4Q;78(I);-. and"wine tasting rooms"relative to the and the Building Inspector's November LER#7022-Request for a Variance un- anq the Building Inspector's September proposes]site plan for Surrey Lane,Vine-' 9 2016, Amended November 23, 2016 der Article XXIII,Section 280-124;and 19,20M,amended September`30,201(5, 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,Nodce 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 ad6 a storage building and to propose boat The Board of Appeals will hear all ily 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- quured minimum front yard setback of 35 -family dwelling at:1)less than the code building 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.- KENNETH-ZAHLER minimum rear yard setback of 35 feet; code•Tegpired;side yard minimum set- Each hearing will not start earlier than #7011 - Request for a Variance under located,at:,4573 Wickham Avenue,.(Adj. - back-of-25 feet;3)no off-streei-parking designated above. Files are available for Article XXII, Section 280-105 and the `to`Long-Creek)'Mattituck,NY-Ste# spaces shall be located m any residence review daring regular business hours and Building Inspector's October`14; 2016,, 1060-1074-5. 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)765-1909,or by email:KimF@ at: 1) more than, the code required Request for.a Variance under Article located,at:9605 Route 25,Mattituck,NY. southoldtownnygov maximum four (4) feet in,height'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 1:30 P.M.-ARETI LAVALLE#7026 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 13141-1T 1/26 i ZO�.r,�G 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 16th: 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 25th: 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. Vas (71 t q,l tc, RECOAD DEC-14-2016 �Q 1��rdclo�� ZONInfG BOARD OF APPEALS 0 M4 lv-\ d S' }� ---, YJ 14 ` Yeik_p u1 cc� VJ)' — IASAl' 1 Pyt 4y uJn 1 1C� i ri ), c 4"�I O'JnStG d Weks io-s Witt ✓-e_�s�1 'Y�11�se��"o b hu- �(Dv'o p a y' LlIII'v"ll e�1 tJ� ho y e 1��—U(/J J•��'�r�tn o��'�n,_���r� �209-�Gin�g es o r /- W c�$�� o -� � ► �� s�- i Office Location: �pF SOUry Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 CP Southold,NY 11971 Q Southold,NY 11971-0959 - 7y�®UNT`I,�� , http://southoldtown.northfork.net rFDEC BOARD OF APPEALSTOWN OF SOUTHOLD 1 2016 Tel. (631)765-1809 Fax(631)765-9064 Southold Town December 1, 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. # 7022 LEUTWYLER, Albert Dear Mark: We have received an application for additions and alterations to an existing single family dwelling. 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 Chai _ n r By: 1 Office Location: *0f SO - Mailing Address: l0 Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • Q Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 December 1, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7022 Owner/Applicant : LEUTWYLER, Albert Action Requested: Additions and alterations to existing single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA irp 7a9 �6-a(cs By: Encls. Office Location: OF $Q�ryol lbia' ng Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 , Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 MEMO TO: ENGINEERING FROM: Leslie K. Weisman, ZBA Chairperson DATE: December 1, 2016 SUBJECT: Request for Comments ZBA# 7022 LEUTWYLER, Albert 1000-107-4-5 *ON PRIVATE RIGHT OF WAYS* The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SITE PLAN LEUTWYLER, 1000- 7022 Feb. 2, Article XXIII Nov. 30, Stamped by Albert 107-4-5 2017 Section 280- 2016 Mark 124 Schwartz Arch. Your comments are requested 1 week prior to hearing date. Thank you. Encls. BOARD MEMBERS %pF SOUT Southold Town Hall h�� yolo Leslie Kanes Weisman,Chairperson 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 Horning , 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y100UNT`t,N` 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 Albert Leutwyler 4573 Wickham Avenue Mattituck,NY 11952 RE: ZBA Appeal No. 7022 SCTM No. 1000-107-4-5 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. 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