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HomeMy WebLinkAbout7028 CHECK-BOXES COMPLETED 6 3 A Ov,1-7 �c 1��' ( ) Tape this form to outside of file J ( ) Pull ZBA copy of N[ D n D O ( ) Check file boxes fo+ 0 CL a ( ) Assign next n,umbe cn outside of file folde c m ( ) Date stamp entire , file number v o "' v CD -4 o t ( ) Hole punch entire i �' 3 0 a. O� CD before sendingto ' � u; �, Q g: v v ( } Create new index c o rn Z �' A �, o I ( •} Print contact info w w Q o i } Prepare transmitta @ m ( •}Send original applic o to Town Cferk [ } Note inside file folc and tape to inside c o i ( ) Copy County Tax M 3 Neighbors and AG 0" ( ) Make 7 copies and !IP ' r ( } Do mailing label I 0 N 00 �( C6 I -121 8 11 --311)) �JD MOOS* I 1 d` 1 <i coue 6795 VaMg' kd. �t1 1.4 bue + on bld3s. bw It' a," s4yu Uue aw-y +a iic w4lev- h" 4. sysb of- 0' an& , U aS fur 01" a cy 64rudul�, dWfM- -� aw--19 CaPa- JS b � � r BOARD MEMBERS of S (/T Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� yQl® 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 p • �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�coum,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809!,Fax(631)765-9064 RECEIVE® I!30p� FINDINGS,DELIBERATIONS AND DETERMINATION VAR 2 1 20 7 MEETING OF MARCH 16,2017 ZBA FILE#7028 uthold Town Clerk NAME OF APPLICANT: David Bofill PROPERTY LOCATION: 5785 Vanston Road, Cutchogue,NY SCTM# 1000-118-1-1.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 3, 2017, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 1, 2017. Based upon the information W provided on the LRP Consistency Assessment Form submitted, as well as the records available, it is the Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The Coordinator further asserts that "as built" structures do not enhance community character in that they do not met the purpose and intent of setbacks to the property lines. Development that does not meet regulatory setbacks result in an erosion of community and landscape character, sets precedent and could infringe on adjacent properties. However, when the "as built" structures were constructed, estimated to be between 25-30 years ago, the Code required a three (3) foot side yard setback. Establishing a new setback of five (5) feet for the existing shed closest to the shoreline, currently situated with an actual setback of 0 feet, mitigates concerns about the character of the neighborhood by reducing the degree of non- conformity for this structure, thereby making the project more CONSISTENT with the Policy standards of the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 25,917 sq. ft. parcel in the R-40 Zoning District. The northerly lot line measures 279.30 feet along an adjacent residential parcel. The easterly lot lines measure+/- 97 feet along Wunneweta Pond. The southerly line measures 276.70 feet along another parcel, and the westerly line measures 97.74 feet along Vanston Road. The property is improved with a single-family dwelling and attached garage, with an accessory wood deck and two sheds having non-conforming side yard setbacks, as shown on the survey prepared by Nathan Taft Corwin III,Land Surveyor, dated May 18, 2015. Page 2,March 16,2017 #7028, Bofill SCTM No. 1000-118-1-1.4 BASIS OF APPLICATION: Request for Variances under Article III, Section 280-15; Article IV, Section 280-19; and the Building Inspector's November 16, 2016 Notice of Disapproval based on an application for a permit to legalize two "as built" accessory buildings and an "as built" accessory deck, at: 1) accessory structures located less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests variances in order to legalize an "as built" 11.4 ft. by 9.1 ft. (shed #1) on survey with a non-conforming side yard setback of 1.1 ft., a second variance to legalize an "as built" 11.8 ft. by 8.7 ft. shed, which functions as a boathouse, with a non-conforming side yard setback of 0 feet, and a third variance to legalize an "as built" accessory deck with a non-conforming side yard setback of 0 feet, all of which require 10 feet side yard setback as required by Town Code. ADDITIONAL INFORMATION: The applicant submitted documentation to establish that an earlier property owner sometime between 1975 and 1985 constructed the accessory deck and shed # 2; and another subsequent owner constructed shed#1 sometime between 1985 and 1990. During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant suggested that the shed #2 could be shifted three (3) feet to obtain a greater setback than the existing 0 feet setback for this structure. The applicant also informed the Board that shed #1, (closest to the dwelling) is built on top of piles and is hidden from view by natural vegetation and the natural sloping of the property. Furthermore, she asserted that if moved to a different location, the structural integrity may be weakened FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 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 §267-b(3)(b)(1). Grant of the variances for "as built" shed #1 with a non-conforming side yard setback of 1 foot, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This shed has been at the existing location for more than 25 years without creating an undesirable change or detriment to neighboring properties. Grant of the variance for the"as built" deck with a non- conforming side yard setback of 0 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A deck has existed in this location for more than 30 years without creating an undesirable change or detriment to neighboring properties. The deck directly abuts a continuation of the deck and bulkhead owned by the adjacent neighbor. Grant of alternative relief for a side yard setback of 5 feet for"as built" shed #2 that has an existing side yard setback of 0 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Moving the shed to obtain a setback of 5 feet where 10 feet is required by Code will decrease the degree of non-conformity of the shed. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant for variances granted for shed 41 for a side yard setback of 1 foot cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because it is "as built" and cannot be readily re-located into a conforming area. The benefit sought by the applicant for a variance granted for the "as built" deck with a side yard setback of 0 feet cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because this deck directly abuts the deck of the adjacent neighbor. The benefit sought by the applicant for a variance granted by alternative relief for a 5 feet side yard setback for shed#2 cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because this shed already exists with a non-conforming side yard setback of 0 feet, and it does require a variance through alternative relief in order to be moved to a location with a greater, but still non- conforming, setback of 5 feet. Page 3,March 16,2017 #7028,Bofill SCTM No. 1000-118-1-1.4 3. Town Law X267-b(3)(b)(3). The variances granted herein for the "as built" shed #1 with a non-conforming side yard setback of 1 foot, and for the "as built" deck with a non-conforming side yard setback of 0 foot, are mathematically substantial, representing 90% and 100% relief from the code. However, this shed and deck has existed in this location for over 25 years without creating any apparent adverse effects to the neighborhood. The variance granted herein by alternative relief for shed #2 with a side yard setback of 5 feet, is substantial, representing 50% relief from the code. However,this shed has existed with a non-conforming side yard setback of 0 feet for over 25 years, and moving the shed to increase the setback to 5 feet helps to mitigate this non-conformity. 4. Town Law X267-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. Although, the Town's Local Waterfront Revitalization Program Coordinator suggests that "as built" structures do not enhance community character in that they do not met the purpose and intent of setbacks to the property lines, the Board finds that these subject structures existed prior to zoning with no adverse impact to community character.. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created since 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 property under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief for a deck with a non-conforming side yard setback of 0 foot, and setback for shed #1 is the minimum action necessary and adequate enable the applicant to enjoy the benefit of these accessory structures, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of alternative relief, for shed #2 with a side yard setback of 5 feet, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this accessory structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Schneider, and duly carried,to GRANT the variances as applied for, for the"as built" deck and"as built" shed#1, as shown on the survey drawn by Nathan Taft Corwin 111, Land Surveyor, dated May 18, 2015. DENY as applied for, and GRANT ALTERNATIVE RELIEF for "as built" shed #2 as follows: The shed will be moved to a location with a minimum side yard setback of five(5)feet. SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall provide an amended survey depicting the alternative relief for "as built" shed#2 having a minimum side yard setback of five (5)feet. 2. Once the sheds are removed or demolished, replacement of same shall be placed in conforming locations. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 4,March 16,2017 #7028,Bofill SCTM No. 1000-118-1-1.4 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. Before applying for a buildingep rmit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a buildingpermit, and may require a new application andpublic hearing before the Zoning Board of Appeals. 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, Dante and Goehringer. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chaierson Approved for filing,�, /A07/2017 SURVEY OF PROPERTY SI T UA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 118-01 - 1 .4 SCALE 1 "=20' MAY 18, 2015 OCTOBER 20, 2016 ADD LOT COVERAGE TOTAL AREA = 25,917 sq, ft. (TO TIE LINE & BULKHEAD) 0.595 ac. MAP AINT" (A WETLANDS AREA = 470 sq. ft. AMEND AU po CpUNTY UPLAND AREA = 25,447 sq. ft. ttl A�'�" pF' SUFFOLK O lv FI THE CLAS FILE No 1 g6 ONE AUGUST 016, 1922 AS FILED IN 279.30 793 9 � J III, J U1 c So � 7o.;,) LOT 0 , N RECEVLL FOUND CONE all. m 11 0 109.70' "' "" DEC 0 7 .. ....................... ... .......................... ........ c� -t Z f o 20NINo-EQARD OF m .. ................. m jA'o e 7 77 APS''p{ L•� ........ ........... S 15003949" r^ GREENS " Z ROW OF EVER ........... 13077 20.05' o N $Oe E09 02' . ......... r my CURB S\0 a �p yo o 0 07042906'9 x O.L O S '� �^P�,P9 cy9� 0 FS m p z� WOOD TIE � ,�oOS�FQ o ° o S o 09 S 0 7 E Z e, WOOD.STAKE d.. 1A'S. I 4l �O. F°4� GyQiy Jia a]m 9.91 d LECTRIC METER ° ° O G 6C00 9FlO/q v Z v O k C�ReN o o v. 'L� g5 °° ,�4 ' FLAG eG!'F�yoo/cy�L-9TF Q Ix dq ° O n IL O�1 'P" �� ; O�Pc� =5' �., 1 tea.: C' " '�• `' ` f f �O .v' °Oyc r'i Q�op o eG O v u_ A 69 G) _ s WOOD STEPS Py o tiO' y� & LANDING E9p SQ a �d °` P e GJRg °°- Ln0 ° �° d \,CCS °� C77 h9 l 1 Y f -3o O G ° e `YofO v a OE\ �1P t^oO C.6y'o. 7 0 f� ° 1 y0y�y OR\C� °000 9 GN\�1tJ�` \PS 4 �� SET WOOD WOOD Fm 11.8' DECK U' ONER�OSJ STEPS HED No.ME2 TOE NAIL OF BANK SHED ON DECK , e 0 WOOD DEC .4'N. �I W J+� I �OOOOO OE RAMP , WALL 0.7EN. O7 O '. O.L. d' 11.4 0.4'N. 27 6 N Z �La tO G-1 °�C I t �y I O y c C �.�' � �� O T!, 000 � FRAME SHED " P SHED SHED No. <Zz.v �� m ( op GP(E UTIUQY POLE O.L SET D STAKE �at� WATER METER / WOOD WALK O CD •� ROW OF EVERGREENS WALL �5/ 0.3'N- O . .......... .. .......... ..... O 58' 145. Fp0 Qti .. .......... FINAL MAP e ....WOOD POST a - D E OF ASPHALT DRIVEWAY / S oN� ° ° SOR�Oa 40,3077 Wv N/0/1•� 00 NEILL REVIEWED BY ZBA PETER E� , DIANA SEE DECISION # 0 y ' DATED Tpf►� Pe PREPARED tl STANDARDS INORCTITLE SURVEYSNCE ASAS ESTABITH THE LISHED l / BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. ZhFt C 0 ZT •,; z �1 LOT COVERAGE OVER TOWN OF SO UTHOLD BUILDABLE LAND AREA BUILDABLE LAND AREA = 25,447 sq. ft. : DESCRIPTION AREA % LOT COVERAGE k�7 HOUSE 2,058 sq. ft. 8.1% Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION ROOF OVER PORCH 404 sq. ft. 1.6% THIS SURVEY IS A VIOLATION OF SE HNathan Taft Corwin III SECTION 7209 OF E NEW YORK STATE REAR WOOD DECK 590 sq, ft. 2,3% EDUCATION LAW. COPIES OF HIS SURVEY MAP NOT BEARING Land Surveyor OUTSIDE SHOWER 50 sq. ft. 0,2% THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED SHED No. 1 104 sq. ft. 0.4% TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. SHED No. 2 ONLY TO THE PERSON FOR WHOM HE SURVEY Joseph A. Ingegno L.S. 132 sq. ft. 0.5% IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout HEREON, AND TOTAL EXISTING 3,338 sq, ft. 13.1% TONTHE AS GINEEIS OF HEED LENDING INSTII— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 FOX (631)727-1727 MAXIMUM LOT COVERAGE OVER BUILDABLE LAND (ZONE R-40) = 20% THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 35-071 A 1�a0.v3+stanT�a�s^wsvaKeVnwl.�YVV� Y� r � fee as RECEIVED ; -- DEC 07 2096 " r ZONING BOARD OF APPEALS ' •� - t w,.aaxMm , .. ,: - _. ... - F"+.vww•atl� , a.ua.r wsr+..n-m+w.ww >. - d a - r - .. a , - a -� .. .. ,. _ - +.w+..c'w_uwn+-e..m.w� .aa.. .>....u.cs.ra•w«,._..c.w- � � _ 1Q.(3��r!�•wa�_ Grev�p a�F' �a m' FrQm . I, �1e vim&n &)kso �— b`;,x Y ®� SOUL' OFFICE LOCATION: ®� ®� MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 v1(cor. Main Rd. &Youngs Ave.) Southold, NY 11971 a� Telephone: 631 765-1938 C®U ,� LOCAL WATERFRONT REVITALIZATION PROGRAM �� TOWN OF SOUTHOLD RECD LIAR 01 2017 MEMORANDUM BONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date March 1, 2017 Re LWRP Coastal Consistency Review for DAVID BOFILL#7028 SCTM# 1000-.118-1-1.4 DAVID BOFILL#7028- Request for Variances under Article III, Section 280-15; Article IV, Section 280-19; and the Building Inspector's November 16, 2016 Notice of Disapproval based on an application for a permit to legalize two"as built" accessory buildings and an "as built" accessory deck, at: 1) accessory structures located less than the code required minimum side yard setback of 10 feet, at: 5785 Vanston Street, (Adj. to Wunneweta Pond) Cutchogue, NY SCTM#1000-118-1-1.4. 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 actions are INCONSISTENT with the Policy Standards and therefore are INCONSISTENT with the LWRP. The as built accessory structures do not comply with Policy 1. which states: 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. The as built structures do not enhance community character in that they do not meet the purpose and intent of setbacks to the property lines. Development that does not meet regulatory setbacks of the Town of Southold results in an erosion of community and landscape character, sets precedent and could infringe on adjacent properties 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 COUNTY OF SUFFOLK RECEIVED ��� � JAN 02 2017 + ZONING BOARD OF APPEALS t,0 Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Commissioner and Environment January 3, 2017 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 Bofill, David #7028 Stepnowsky, Carl J #7029 &7030 Miller, David&Judith #7031 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 11766.0099 (631)853-5191 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 16, 2016 TO: Patricia Moore(Bofill) 51020 Main Road RE'mg Southold,NY 11971 A Please take notice that your application dated September 1, 2016 'DEC 0 7p For permit to legalize two"as built"accessory buildings and an accessory deck atQ Location of property: 5785 Vanston Road, Cutchogue,NY County Tax Map No. 1000—Section 118 Block 1 Lot 1_4 Is returned herewith and disapproved on the following grounds: The proposed accessory garage on this 25,917 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-19, which states; "Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural Conservation District,"which states; "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear aKd_" Section 280-15,which states that,on lots measuring between 20,000 and 39,999 square feet in total size, the minimum required setback is 10 feet. The"as built"accessory deck notes a side yard setback of 0', the"as built"accessory structure closest to the water, has a side yard setback of 0', and the"as built"accessory structure closest to the house, notes a setback of +/- 1 foot. Lhorize Zre Cc:File, ZBA RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS DEC ® 7 2016 OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. ffice Notes: House No._5785 Street Vanston Road Hamlet Cutchogue SCTM 1000 Section_118 Block Ol_Lot(s)_1.4 Lot Size 25,917 sf. Zone_R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED � , I LQ 12016 BASED ON MAP DATED—May 18,2015 Applicant(s)/Owner(s): David&Colleen Bofill Mailing Address:_1598 County Road 39,Southampton Telephone:-631-283-3444— Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore_for(X )Owner,or ( )Other: Agent's Address:_51020 Main Road,Southold NY 11971 Telephone-631-765-4330—Fax#:_631-765-4643 Email:_pcmoore@mooreattys.com_ Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED FOR: ❑Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- Subsection Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has,E has not been made at anytime with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) RECEIVED � Name of Owner: David& Colleen Bofill ZBA File# DEC ® 7 2096 REASONS FOR APPEAL(additional sheets.may be used with prgparer's signature): ZONING BOARD OF APPEALS AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The existing 87" x 114" shed was built by the prior owner, used by the prior owner and Mr. & Mrs. Bofill as a shed/ boat house. The structure is used strictly for storage to store boat equipment and other personal property. It has no water or sanitary, only electricity. The prior owner placed the shed at what he believed was at a minimum 3' from the property line(the code requirement at the time). When the Bofill's survey was prepared prior to closing the location of the shed was discovered to be too close to the property line. The Bofill's agreed to take the shed "as is" and undertake obtaining whatever permits may be required. The Boat house use is very important to the Bofills because of the existing topography of the property. Transporting of boat equipment and seasonal personal property is difficult and cumbersome with the numerous stairs to the garage. The homes around the Boat basin have historically had boat houses. The adjacent property has a large boat house which was built prior to zoning when the Bofill property and O'Neill property were one parcel. The neighbor,O'Neill, have no objection to the shed where it is located or where it is proposed. The O'Neill & Bofill property owners are jointly coordinating the replacement of the existing bulkhead. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The existing small shed can be moved away from the property line 3', however,the existing steps and hill prevent moving the shed more than 3' from the property line. The bank is vegetated and stable, an alternative location would disrupt the bank and would place the shed adjacent to the area of the lot with wetlands and no bulkhead. (3) The amount of relief requested is not substantial because: When the shed was placed on the property the code allowed accessory structures 3' from the property line. A variance from the bulkhead,however,would have been required. The shed can now be relocated on the property without a variance from the bulkhead, however, the required 10' setback would place the shed into the side of the bank. At 3' from the property line, the shed/boat house would continue to be useful for boat equipment storage with no impact on the environment. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing location, moved to 3' from the property line is the best location for the shed/boat house. The wood platform will also be cut back(at grade)to not closer than 3' from the property line. The decking will be expanded by 3' to offset the 3' cut off from the side of the decking. The RECEIVED DEC 0 7 2016 ZONING BOARD OF APPEAL5 platform and shed/boat house is located adjacent to the bulkhead and the boat docking area. No environmental impact would be created by the minimal relocation of the structure. The Southold Town Trustees allowed the shed/boat house to be relocated, subject to Zoning Board approval, as to the final location from the property line. The 3' setback did not present an issue to the Trustees. (5) Has the alleged difficulty been self-created? (X)Yes,or ( )No. Purchased the property"as is" but the seller would not have waited for the process of obtaining the variances. The Boat house is an important amenity to the Bofill family. Are there Covenants and Restrictions concerning this land: E No. ❑Yes(please furnish 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. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to your at ney.) Signa a of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) swop"to bre me this da otary Publ' BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18 'RECEIVED w—' o APPLICANT'S PROJECT DESCRIPTION 6 �JJ�� Z®MIfVG BOARD DF APpBALB APPLICANT: '(J( A `�' (PU" � DATE PREPARED: 1.For Demolition of Existing Building Areas Please de cribe areas being removed: t 6us) II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: / Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: -' III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ke GL a Number of Floors and Changes WITH Alterations: No Q/Y1 eo IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1 eS; 2-0 Proposed increase of building coverage: (2_�e� („�� �t I " _X .F 'r Square footage of your lot: Percentage of coverage of your lot by building area: Z V.Purpose of New Construction: VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 RECEWED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION DEC 0 7 2016 A. Is the subject emises listed on the real estate market for sale? ZONING BOARD OF APPEALS Yes subject 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? ya_cl 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? V�s 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of'urisdiction? 61, Please confirm status of your inquiry or application with the Trustees: r 1 5' and if issued,please attach copies of permit with conditions and approved survey. +a A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? IO E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO 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? No 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? Mc If yes,please label the proximity of your lands on your survey. 4���n}- yq�,Y A- Io.� I. Please list present use or operations conducted at this parc 1 5(-,QCt Z and the proposed use 5 (ex: existing single family,proposed: same with garage,pool or other) Autho ' e signature and Date- /g'�d'� AGRICULTURAL DATA STATEMENT RECEIVED " V_ ZONING BOARD OF APPEALS DEC 0 7 2096 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. (� 1. Name of Applicant: —D -e c—io 2. Address of Applicant: 15-9 8 GQ- 9xpuJin � 3. Name of Land Owner(if other than Applicant): —z>o,r-e. 4. Address of Land Owner: 5. Description of Proposed Project: -.S T 5 va0sl� (Z0ac@ 6. Location of Property: (ro d and Tax map number) I CO OC) -- It C) 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 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 t c f this page if there are additional property owners) Si e of Applicant -Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. i 1 617.20 RECEMD Appendix B Short Environmental Assessment Form DEC ®7 2016 ,'3 Instructions for Completing BONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information -13®-:-cL I Name of Action or Project: D Project Location(describe,and attach a location map): l �C Brief Description of Proposed Action: �`� c s�(/irt� Gv 1�•e c, voce hoose, Le— fvc>m ro P" 1&e- c.Ld Iota c le- c`-e�- 4n 3 ' Vivo r� I tvt.e Name of Applicant or Sponsor: I (�, Telephone: 6-3(—Z- 3 - 3 yf ��, qL E)cy- a `� � {P�Vt W 0 I�-X.�( E-Mail: Address: �5 el� `7 7 City/PO: State: Zip Code. C)L.�-Ctci, ,mss • -f 19 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 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? 5 acres b.Total acreage to be physically disturbed? D acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? L®4 LSO acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Wesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED DEC 0 5. Is the proposed action, fNO YES N/A a.A permitted use under the zoning regulations? ZONING 130ARD OF APPEAL b.Consistent with the adopted comprehensive plan? ✓ 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: 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? N fA c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. WiII the proposed action connect to an existing public/private water supply? A NO YES If No,describe method for providing potable water: 'V 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Ix jA 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? N 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain 1 ' NO YES wetlands or other waterbodies regulated by a federal,state or local agency? V7— b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? f If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 1i1/GQ�►'G� 14. Me^the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ✓ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create stone water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? dNO❑YES b.Will storm water discharges be directed to established conveyance systems(runand storm drains)? If Yes,briefly describe: 1NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the NFONent of ,Q, NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: DEC ® 7 2016 7C)Ny r,Rc)ARD OF APPEAM 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? f 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 AFMM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n ea Date: '4 30 - 1 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 1 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 small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4., Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? . 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED DEC ® 7 2,01 No,or Moderate small to large ZONING BOARD OF APPEALS impact impactmay 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 � i I RECEIVED I DEC ® 7 2016 APPLICANT ZONING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME BOFILL,DAVE&COLLEEN AND MOORE,PATRICIA C (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION•(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 Complete the balance of this form and date and sign below where indicated. Nance of person employed by the Town of Southold Title or position of that person- Describe that relationship between yourself(the applicant) and the Town officer or employee Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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 inteiest in a non-corporate entity (when the applicant is not a corporation), C)an officer,director,partner,or employee of the applicant,or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this da of Signature- SANDRA ignatureSANDRA L'HOMMEDIEU NOTARY Pl"BLIC-STATE OF NEW YORK NO.01 LH5081255 QUALIFIED IN SUFFOLK COUNTY lc` VE OFILL MY COMMISSION EXPIRES JUNE 30, -� COLILL JW s C.Moore 1 1 Town of Southold -` LWRP CONSISTENCY ASSESSMENT FORM � DEC ® 7 2086 A. INSTRUCTIONS ZONING BOARD OF APPEALS I. 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# I ! a_ The Application has been submitted to(check appropriate response): Z_ 63 A Town Board E Planning DeptEl Building Dept. Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: t 5 VWS d ecC (om- -) 5 less IODS� c� cv A 5tru d-e A h u P r�ve &wX-QJC E5 T- Location of action:_ 'C� ®ac� Site acreage: .25, 9 1 7 Present land use: R05 LG1 eAt('-P, j CC C, r,aC tJ7t'� b Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:PCQ✓ '�G a l � �d (b) Mailing address:_ (c) Telephone number:Area Code Z 5�'3 — � 4 Lf`4 (d) Application number,if any: Will the action �beeddirectly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No LJ If yes,which state or federal agency? 'RECEIVED DEC 0 7 2016 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ayes ❑ No ❑ Not Applicable L-�I t 5� `3(,.Qd 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 E Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes E No Q Not Applicable 16-A RECay; DEC ARD OF APPSAt5 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 Eil�Yes © No Not Applicable 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 0 Yes © No u Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. R Yes Q No MNot Applicable J 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. ❑ Yes ❑ No Not Applicable DEC 0 7 2016 ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy S. 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 1-1NoI� I Not Applicable 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. ❑ YeD No 15 Not Applicable 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 WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable fRElyENED DEC 0 lid D WmG BeARE)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 1:1 No I I Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 forevaluation criteria. ❑ Yes El No LJ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Poli=Not s 65 through 68 for evaluation criteria. ❑ Yes ❑ NoApplicable Created on 512510511:20 AM RECEIVEO Board of Zoning Appeals Application DEC 0 7 2096 AUTHORIZATION ZONING BOARD OF APPEALS (Where the applicant is not the owner) We,Dave Bofill& Colleen Bofill, residing at 5785 Vanston Road, Cutchogue,New York do hereby authorize my attorney,Patricia C. Moore,to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals signature a&� I/S owner's signature ` FORM X0. 4 TOWN OF SOUTHOLD R9CEjvED og BUILDING DEPARTMENT Town Clerk's Office EC ® 7 2016 Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. . .5,�.b. . . . . Date . . . . . . . . . . . . . . . . Anno. . . .9. ., 19.7.5. THIS CERTIFIES that the building located at Vanston. Road. . . . . . . . . . . . . Street Map No. $. . �. . Block No. . . . . . . . . . .Lot No. .ftmi* .sub -31V-12. . .CutchoLme X*Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . .Rpr:.l . .8, 197.5 . pursuant to w�iich Building Permit No. 78422. . dated . . . . . . . . . . . . _April . .$., 19,75., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . • .private;• -one• family •dwe11i-ng•W.-th. an •add-1tion . •(deck. etc). . The certificate is issued to . . ,i•ehn- -A&• 01:arke• • •error . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval V..h.. . . . . . . . . . . . . . . . . . . . . . . . • , , , , , UNDERWRITERS CERTIFICATE No. r,.11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . .5785 . . . . Street . . . . V-anstm-Road. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FORM NO. 4 TOWN OF SOUTHOLD0�� BUILDING DEPARTMENT ®EC office of the Building Inspector Town Hall ZONING BOARD Of APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No 219130 Date JUNE 11, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 5785 VANSTON ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 01 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 26, 1988 pursuant to which Building Permit No. 167852 dated LARCH 10, 1988 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 REPLACE EXISTING ONE FAMILY DWELLING WITH NEW ONE FAMILY DWELLING. The certificate is issued to ANNE & THOMAS HIGGINS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING SLIP 6L11/90 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING 7/5/89 �I X4�-� Building Inspector Rev. 1/81 I FORM NO. 4 RECEIVE TOWN OF SOUTHOLD DEC 01 2WO BUILDING DEPARTMENT �U (I l� U Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32192 Date: 02/08/07 THIS CERTIFIES that the building ALTERATIONS Location of Property: 5785 VANSTON RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 118 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 27, 2006 pursuant to which Building Permit No. 32572-Z dated DECEMBER 15, 2006 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" BASEMENT ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to THOMAS & ANNE HIGGINS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 114408H 01/22/07 PLIMERS CERTIFICATION DATED 02/07/07 THOMAS HIGGINS i A horized Signature Rev. 1/81 a �" i is•.• I'.t,, � �{.•� �♦' .. ► #A t 74 j��e * .~ �'S �� •'•�'�t,�,JV� t �s - •t E.t � ��} It Y + t � taj t s •-. ,.,..�" { LJ Sk- "'.ayf'Yi � 1 y��� 1 :.i �•♦ '. ,-,Its, . w"'7.,} ; _ ... i♦ i� � J �-` 3• a F�'~t 1T•r+ '' tom.� t • - w� ��� l s i3'i _•'"..1;,,+,�,t. t - • - a� _, i.. J �� ,j' ,ice .. _ } �Y�',�,�:yt - . . - ._ -, ��. . + t �, � I♦• 0.' e �' •r� ,Y - +'�� SAF:'F.f�.: y�� a Y a 1 - ar710'•^ -"s" :,, .T + rY Y v �`•'`.Y ` 's •t �il "s - t..��Y _ ...: _ _.._ A . r •� , � .tom• 4�t `.' 2 ,� �� �-, . �. ,. i j.•R 'I 1 MA w- ,•f H ty t Y, j( ��� +IL "•� a r�s T •rte �, � � i'� .'4a ', s 4: .,,'+N. ,.., ,,,•. y�,..anoyr' .{d•ea' .� 'a.,.�a wu.:.,. �.¢.,,. ` �� ..� - ..� +4,.,s.. �` r r :�+� �.._,a► arr.,�,�s,�ibwrr �s ��.�:w„���# �� O• .ei. r L�.... X : _ `fie Mrl4Kir - J .. 7t • _ �Ma. +Sk .a-r- ;'+.ly^,;,s•es 9F.!^T Vis. .+�m.�r-7r a.+rc:Mr-s +�+ . T1s ,I..-� e� ..+ �Y V ,r-�Cac � tit �°i, } ';p � �� .':' s!��yr s ,,x,o... :,yd..�� aaw. at �. •r s... a.'f7!t +�_ � s;, r, ^+' - �.- 1 ��� �, '-�` � is k. ��:.�_ aka ,,,aYYtrie+rc'a $4''d.J'-yf �f'�`i'.b.•^' .xr.4:� - a :•L.; w .. d _ y � " y t k s., t +x �-e r. + , . { 70" i W CIE) Q ' LLJ � f ! 1 r r 1 � t ! M � 4 1 ` ' f �r P� 1--o �° '� 1i�►" � A 11 a , �` _ ";N� A► �` •ter. or " t F " 1110 Of F t�f � _,�. e •. .- "ham..]+ _ a . 1 W r 1 xk.Xa I i w �A �r v4r„ Mil^. J y 9- • n r .. 3 ti. �, d ,. `: ., :k✓ia. ,�, .'K,.i,,F�i,toaM.a�:q.�y.�'YY ���y � !: w. 3riv- .t• . A+',�w3�c �t ah Kt*'3Y,7 ��k.+�" ! '� y'. fr + 1e' 70 y � v } ; t r P� t IOU } � u is WYA BO � II g } ,- x t „r a , _ r t r l� t, ^ , r. . � SCTM. MMM-1-1.4 v �EC 01 2W 'tddi- _-Zoh N o BOARD VP �„amu TOWN OF SOUT14OLD PROCARD a�® ^ j�` - 1 -t. STREET VILLAGE DIST. SUB. LOT }WNER _ �.�� {�-- _ - ��eY�.N� 3�fli ,�� ,� �►s TaN`�� ,� " �i!a��1'0 �f ACR. �1 - . - a.4�;fts• �RMER `OWi1 ,N �sa�s�,, Pr suis E `�" �,�� ��•t�/(~z..•-�'`=� i d 10 r 2540 - W .E OF BUILDING t-i E S r FARM COMM. CB MICS. Mkt. Value o t SEAS; VL. En ,, wIMP DATE REMARKS Q Ln LAND TOTAL � s r 3soo q ?f�3 x/7173 FAm�L 0 "Foa v t.D r--r-, !' 70diov O / / 0 1:1 LO p 6 d � 4 •;`%`l� T $ 177 SOLD LF'�it��G 13, G'LAR G� %o C4 A�e K� V Y U �" 1 ' / / Com^ , .7 -h•4 ����/ 07 !! its- r3 1�P'z.�'�- cfQm��ish ems; r bld Eel� u�FJ e • *' 5?ot lt`� bc�mQ. a �rat�cs • LO �D tt� of��� o0 Ln L..10 `,� a� d� - -?Sol r 11 1,90 m mFRONTAGE ON WATER 47S.sp it loble 00 `" FRONTAGE ON ROAD m foodland DEPTH AIV 2 m ,ecdowland LO BULKHEAD ouse Piot )tat .. i��■�■ ��_� _ � : � ._ �■f�1li!■i!■!!■■ iii■■moi l�1��1 MEMO am JU l !■■■■■■■■!■■■ ■i�■■i t �■ ■■■w� MEN le ■■IN NIU■. ■'til" '� ,.• _ ■��l� ■HCl ■■■■!■ Ml�Now ��i■■■ ■il■■■ ■ ■ ■ tsi1 ■i1�I■i■■ ■Q�i■ !■■ ■■cif■ tl■MEN■li■■■■ ■ ■�i1■�■■ 11 �1f■■■■■1■■■■i■■■ ■■�!■■■ ■sig Type Roo.f Rooms Ist Fl or : r � ® _ h 1 A°Yr ®�®� FF 4 ELIZABETH A.NEVILLE,MMC �.�. M-10- Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 c Southold,New York 11071 REGISTRAR OF VITAL,STATISTICS Fax(631)765-6145 MARRIAGE OFFICER !° RECORDS MANAGEMENT OFFICER �,` �® Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www•southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: December 9, 2016 RE: Zoning Appeal No. 7028 Transmitted herewith is Zoning Appeals No. 7028 for David& Colleen Bofill-The Application, to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificates of Occupancy, Photos, Property Record Cards,Drawing of Boat House, and Survey. * * * RECEIPT * * * Date: 12/08/16 Receipt#: 214767 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7028 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK#3397 $750.00 Bofill, David &Colleen Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Bofill, David &Colleen 1598 Cr 39 Southampton, NY 11968 Clerk ID: SABRINA Internal ID:7028 1 Fuentes, Kim From: pcmoore@mooreattys.com D Sent: Thursday, March 02, 2017 12:58 PM �� a�.5 To: Fuentes, Kim Cc: Dave Bofill MAR U 1 2017 Subject: Bofill , mom` Kim: I checked with Mr. and Mrs. Bofill regarding their back yard. My client is planting grass or vegetable garden in the area that is dirt (pictures taken by ZBA). South side of the retaining wall is the existing "masonry wall" by the patio/fire pit (on survey), the wood ties were replaced with masonry matching the existing (the existing wall was extended) and the "wood steps" were replaced and a second set of steps are on end of the northerly side of masonry wall. This should show in your pictures. This was all part of their landscaping and no building permit is generally required for landscape features. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com 1 7 The Samuel E. Darby Estate was subdivided January 1971 by Southold Town Planning Board which created the subject property. (Subdivision map). J. Clark was the original developer of the first house on this property built in 1975. Clarke placed the.0 r shed(9.1 x 11.4) on the property where it stands today. In February 1985 WClarke sold to Higgins. D AR 0 2 201 Existing Boat House do upper shed are less than 100 sq. ft on size: Thomas Higgins,provided the history to the building department • he and wife the owners of the property located at 5785 Vanston Road, Cutchogue,NY 11935 from February 15, 1985 until May 11,2007 • purchased from J. Clarke in 1985. Clarke built house in 1975 • demolished the original house and constructed the new house in 1988. • When we purchased the house from J. Clarke in 1985,the bulkhead, walkways, steps and boat house/shed were on the property having been constructed by the Clark family sometime after they subdivided the property in 1970. Attached is a 1986 survey prepared by VanTuyl PC which shows the bulkhead and decking which'were constructed by the Clarke family. • the upper shed 9.1 x 11.4 Higgins placed on the property. It appears that it was placed in the area where the former wood walkway& steps crossed the property. • He added the upper shed sometime between the mid to late 1980's. • Higgins,was not aware that I needed a building permit for the shed, it was landward of the existing decks and bulkhead. It is directly north of the wood walk that the O'Neills use to go from the waterfront to their home. That walkway was on the original subdivision map. • The property is sloped,the shed on the deck functions as a boat house and can be relocated to 3'from the property line while the bulkhead work is done. The upper shed is on the hill, sits on piles, and has vines growing on it and hidden from view by trees and natural vegetation. It remains surprisingly function given its age (before 1985) • The property is unique with the natural topography. The character of the neighborhood is an area developed in the early 1900's (Nassau Point Club Properties map filed 8/16/1922). This property had the garage which was demolished when Clarke built the first house which sat on this property. • This parcel was further subdivided in 1971. The existing house is the second home to be constructed on the property,but all through these improvements the sheds have remained. The community has improved....the sheds are simple utilitarian structures. The LWRP was not intended to address accessory structures which are less than 100 sq.ft., I disagree that these sheds which have been in place since before the surrounding homes were built adversely impact the character of the neighborhood. I P Q Land S.•L' /7.50' E 2z A4 .- '��' - .e,:J. � � � � rye,• CU R ' Yj.., ,v •1 V u as 44. �•� ., Vf1 I�i ` � 1 ,c ro•k hnrx Sa IST 1;. V 14. n 40,030 sq ft. sI9 30 \ ,% 0111 r Irl '. •Q �==%---m° � �pp b1.1 g ••T 1 S -ti .Z 1 o O •� Vy +� YA%. S2. 17 Som 2/6.33 ��' eSJ � \• + Q G �o n0 �••a.;• .•,4+ MAP e7.=- OF' FOF 71HE 4!•t-rSAMUEL E. 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't � ' � a�7' r � a�,: � ���, c ' " -: -�as1�����- �'`' ` �+`%&a'�,,�J. �'• s ,�"hz + s BOARD MEMBERS r3f so Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing `�'® �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider COW, 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, MARCH 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, MARCH 2, 2017: 10:00 A.M. - DAVID BOFILL #7028 - Request for Variances under Article III, Section 280- 15; Article IV, Section 280-19; and the Building Inspector's November 16, 2016 Notice of Disapproval based on an application for a permit to legalize two "as built" accessory buildings and an "as built" accessory deck, at: 1) accessory structures located less than the code required minimum side yard setback of 10 feet, at: 5785 Vanston Street, (Adj. to Wunneweta Pond) Cutchogue, NY. SCTM#1000-118-1-1.4. 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: February 16, 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 i4U' Tit'M. E U' F HEA' Rl, i4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME : BOFILL , DAVID # 7-028 SCTM # : 1000- 118- 1 - 1 . 4 . 'ARIANCE : YARD SETBACKS r-EQUESTE LEGALIZE "AS BUILT" ACCY. BLD S ./STRUCTURES DECK SATE : THURS . , MARCH 2 , 2017 10 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 30ARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of ox? AFFIDAVIT OF BOFILL # 7028 MAILINGS CTM Parcel #1000-118-1-1.4 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 13" day of February, 2017, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signa ) R� Sworn to before me this o'Z 3 day of F�� , 2017 (N6fary Public) MARGARET C. RUTKOWSKI Notary Pubiic, State of New York No. 4982528 Qualified in Suffolk county �� commission Expires June 3, 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. r y 0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN BOFILL POSTING. Regarding Posting of Sign Upon ® E C E I V �" Applicant's Land Identified as 1000-118-1-1.4 ---------------------------------------------------------------x MAR - 1 2011 COUNTY OF SUFFOLK) Southold Town STATE OF NEW YORK) a Tr residing residing at -!S`7 7—ekx Q being duly sworn, depose and say that: 00—kchog K;y On the Z rday of February , 2017, 1 personally(placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, March 2, 2017 Sworn to bef a this S� day ofe 2017 Notary P c BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Count �� Commission Expires July 18,..._... *near the entrance or driveway entrance of the property, as the area most visible to passersby. as • • • • DELIVERY I,II f ■ Complete items 1,2,and 3. A. Signatu e Or- ■ Print your name and address on the reverse X Agent so that we can return the card to you. ❑Addressee it Attach this card to the back of the mailpiece, -B. Received by(Printed Name) C.`�/at o ery I �i or on the front if space permits. Oj I i MARY T. PIA H D. Is delivery address different fro item 1? ❑Y If YES,enter delivery address below: b o '.'CONYERS FARM ! 332 BEtKER STREET F48 z NEW-1-YORK NY 10014 ' II DIIIII IIII III I IiIII I II III it III I IIIII IIII III Service3. pi 0dlRegistered AuSignature Restricted Delivery ❑Registered l Restricted ❑Certified Mail® Delivery `t 9590 9402 2341 6225 5459 95 ,, Ili t ❑Certifred Mall Restricted Delivery ❑Return Receipr ❑Collect on Delivery Marc ❑Collect on Delivery Restricted Delivery ❑Signature.C1 ftionT^�; 2. Article Number(Transfer from service label): �� Nal a a t, 1:;. ❑Signature-06nnnnatton i.. d; f Restricted Delivery �nstSiidd Mal Restricted Delivery i (over$500) pl PS Form 3811;July 2015 PSN 7530-02-000'9053 l Domestfo,Retum Receipt t1 i 11 11 �t t�.t 1, COMPLETE THIS SECTION ON DELIVERY' it ti ■ Complete items 1,2,and 3. A IgnatUre h' f ■ Print your name and address on the reverse 13 Agent so that we can return the card to you. Addressee it B. Received by(Printed Name) C. Date of Dehuery 4 ■ Attach this card to the back of the mailpiece, Z I I f or on the front if space permits. _L D, Is delivery address different from item 1? ❑Yes { EII;EEN KAS S CHAU r If YES,enter delivery address below: ❑No .162 DEMOTT AVENUE f ROCKVILLE CENTER NY 11570" ! 3. S II I IIIIII IIII III I IIIII I it III II III I III I III I I III 0 Adult Signature e Restricted Delivery ❑ce'rype El RegisPrioritered MaHi Mail Restricted, ted, I 9590 9402 2341 6225 5459 88 ❑Certified Mad® Delivery ❑Certified Mail Restricted Delivery ❑Return Recei r� ❑Collect on Delivery Merchandisi ❑Collect on Delivery Restricted Delivery ❑Signature C1 aon*�'i 2.,Article Number(Transfer from service label) ❑Insured Mail ❑Signature Con...nation I (� 1 t < < i 4 11 i i P Instirdd`Mail Restrlcted Deli'yery; i Restricted Delivery (over$500)' PS Form'3811;July,2015 PSN 7530-02-000'-9053 Domestic Return Receipt , u It15t 1111,1 1 it it% , j 1.4 1v��1. , .f.t ,. ._C✓ Til li, ly�:..)'�•i aY4 �r • n s_ ��� � ��r t.. °r Qrs ..'.. �{ / � i �g r �t't ! ,, ". \' �� `�49`�1• ^l�'•��Lii1 'f xy'Q��/*•�r �`'A �t r y:'.: r 4-JSP/". .yK �•!k� y-� U-&�.ftstial ' TIFIE0 ■ ® A O ■ ■ / I ® ® k O ■ f m /• / ru L„ Ln fp..�°f. � (n� Lq jl • 7' t.� •t��3 W je . N Certified Mad Fee ` ! 7 u , C3 CO Certified Mail Fee Extra Services&Fees(check box,add tee as appropdat , l 1 �' p $ ❑Return Receipt(hardcropy) $ '^ (,�wi j �"' Extra Services&Fees(check box,add tee as eppropdate) C:1 Ele� Return Receipt(electronic) $ �/ ,SPO tmark ❑Return Recelpt(hardcopy) $ v C3 []Certified Mail Restricted Delivery $ {� Here C3 ❑Return Receipt(electronic) $ ® ®�1 C3 E]Adult Signature Required 'v ❑Certified Mail Restricted Delivery $ H—'7^y�• C3 ❑Adult Signature Restricted Delivery$ rN p ❑Adult Signature Required $ C3 Postage ti a a� p ❑Adult Signature Restricted Delivery$ Postage a C3 , PETER&DIANA O'NEILL r" , 3 CLAYDON_ROAD ti T°�°'' 4 $ EILEEN KASSC r`D-� GARDEN CITY NY 11530 162 DEMOTT AVE /J - _• - ----------------- r%- ROCKVII LE CENTER NY 11570 C 1, r•------------ :r° o ri err• ,4 �-' \ - ® ® a O ■ ® „ Ln . ® e o ■ e. co C� Ln •,..ss• e•z i Sax, 0 UA (� H UA Certified Mad Fee r ' 1 p • • •' "" fi Z r'. L5/ z L C3 ?� I Certified Mad Fee $ '� ! p $ Extra Services&Fees(checkbox,add tee as app% ❑Return Receipt(hardcopy) $ �,.'`- '�1 r Extra Services&Fees(check box,add fee as appropriate) 0 ❑Return Receipt(electronic) $—� 4 � El Return Receipt(hardcopy) $ ®yam �7 ❑Certified Mall Restricted Delivery '�:Jd ostm k C3 []Return Receipt(electronic) • $ /1f1I 1T _ postman C3 ® Her I p ❑Certified Mail Restrtded Delivery $—�lY p ❑Adult Signature Required $ Adult Signature Restricted Delivery$ C O ❑Adult Signature Required $ Here ❑ ®9� p Postage J I ❑Adult Signature Restricted Delivery$ CCg 3 S M1 $ — — — — " z'^•v. � i p Postage ru C3 ToC-3 T°tel Pr MARY T. PIA= taTORTH FORK KIWI LLC• $ _CONYERS FARM ti _a Sent To � � $ enrlO KAREN HAUSER a _______; _ 332 BLEECKER STREET F48 � stree:a NEW YORK NY 10014 C3 Str 7 W. 22ND STR APT. Bf`.;. - �& ct '1EW YORK NY 10011 !------------------------------- ...0 M .. / Lni r .pc0 e Ln Certified Me 1 Fee 3 �r m I �f pp� g C3 $ p Certified Mall Fee =11' Extra Services&Fees(check box,add fee as appropnate) •' (] $ ®�� ���/ ,,7 ❑Return Receipt(hardcopy) $ J ,�' Extra Services&Fees(checkbo�y add fee as O ❑Return Receipt(electronic) "•'• eppropdate) 9 1:3 $ ®�� fk I'v p ❑Return Receipt(hardcopy) $ ❑Certified Mail Restricted Delivery $ _ Here �S ❑Return Receipt(electronic) $ ��Postman y C3 []Adult Signature Restricted Delivery$ t9i � ❑Certified Mail Restricted Delivery �� Postage ®�1 p El Adult Signature Required c 0 �®1 3 `' []Adult Signature Restricted Delivery$ M1 $ — p Postage IM Total F 4345 VANSTON ROA .E C ru $ � T TOWN OF SOUT14OLD -'3 sent -5785 VANS ON R'O U�� $ PO BOX 1179 r-qCUTCHOGUE NY 11935 ----------- r% - i p Street .- s ,a SOUTHOLD NY_ 11971 Ij ------ ry s I' ® 0 • 1 / 1 ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX ❑Agent J so that we can return the card to you. ❑Addressee i ■ Attach this card to the back of the mailpiece, B. Receive by(Print ame) C. Date of Delivery or on the front if space permits. TOWN OF SOUTHOLD D. Is delivery address ddfe 1?' _ Yes PO BOX 1179 If YES,enter delivery elow: y o SOUTHOLD NY 11971 y FEB95 2097 4t I l l ill l l II II I I I IIIII I I�II I II III I II II I I I el l 3.❑AdulService e el Signature El Rgis eredMallpss TM rel 9590 9402 2341 6225 5459 19 11 Certified Ma I®0 Adult Signature Restricted Delivery 11Deiliivery d Mail Restricted ❑Certified Mail Restricted Delivery 17 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT^' ❑Insured Mail ❑Signature Confirmation ZV� '0 Insured Mail Restricted Delivery Restricted Delivery �® ® N o o (over$500) 1 m� a € 0 PS Form,3811 July,2015 PSNi7530-02-000=9053 t Domestic Return Receipt ( z° t„o o m E j l tatti� it it tato t tt at a _ ❑ 1 _ f 01 �ma°i M5^O�mm 2 O Ol'Ol�r-.N m WN N e • • • • E 3 L Ho:2mrncc E Esopo ❑ ❑ ❑o° ■ Complete items 1,2,and 3. A. Signatur ■ Print your name and address on the reverse Agent E 2 a m z o so that we can return the card to you. X G'r _�'M 1 13ddress e > Z m o d P B. Received b Printed Na a C. el/ ■ Attach this card to the back of the mailpiece, y ) . or on the front if space permits. S a d a h 1 _ -- D. Is delivery address different from item 1? ❑Yes �+ viii ¢ d MARY T. PIA If YES,enter delivery address below: ❑No 5®— CONYERS FARM ❑�'0�� �l -0 :v m in aT'i ami r°'o'o 0 332 BLEECKER STREET F48 N= 2_w w w P T NEW YORK NY 10014 � 2�0 0 —>-E-5- 14 to 0W 0occii m ai❑O❑❑❑❑❑❑v 3. Service Type 13 Priority Mail Express® ❑Adult gRegistered❑ N rICP Restrictedistered Mail oo9590 9402 2341 6225 5459 26 El Certified Mad® Delivery o a_ ❑Certified Mail Restricted Delivery ❑Return Receipt for ° E 0 N�" 11 Collect on Delivery Merchandise A 0) II 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM o W7 Q L M� ❑Insured Mail El Signature Confirmation +� F Q r in` ❑In-sured Mail Restricted DeliveryRestricted Delivery elive �, a � yC\I r`_ i (over$500) ry v U F ® � I; nN PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I,a,°'�. � ❑ � P of �__.. to tint a i19 t ! i at c�i Z > T "' o+ 'w N C '� Q. O H 'zT M ® • • i a _ N .Vn o W -9 ® � �I ■ Complete items 1,2,and 3. A. Slgnetu _ 20-- z U o n:; coo' ■ Print your name and address on the reverse X ❑Agent 9 EW M ® LO a; E so that we can return the card to you. 11 Addressee I° W ° a ® � r �� ■ Attach this card to the back of the mailpiece, R rintgd Name) C. Date of Delivery`(''¢ ° P-i or on the front if space permits. ' 2 1 ®4i d ■ ' r� N a _ D. is delivery"dd ess tliffe nt from item 1? El Yes — 4345 VANSTON ROAD LLC �,K.. r� 15785 VANSTON ROAD If YESr��lter degve address below: ❑No CUTCHOGUE NY 11935 I�O�IIIII IIII IIIIlllll I I IIIIIIII I IIIII IIII Ili ❑Adult Signature ❑Registered ilpress@ ❑Adult Signature Restricted Delivery g a Tm 9590 9402 2341 6225 5459 71 ❑Certified Mad® ry ❑Registered Mad Restricted Delivery ❑Certified Mail Restricted Delivery EJReturn Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service labe9 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM i ❑insured Mail ::;: ;;; ❑•Signature Confirmation I IMM i (i (ill I l( I t i 4 ❑Insured Mad Restricted Delivery ( i Restricted Delivery (over$500)' PPPS Form,38111,July 2015 PSN 7530-02-000-9053 i i Domestic Refurn.Receipt" atala tib t ! i at I ii i ti #13179 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 231d day of February, 2017. Principal Clerk Sworn to before me this day of Q2017. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,March 2,2017 CH INA VOLINSKI PUBLIC HEARINGS NOTARY PUBLIC-STATE OF NEW YORK NOTICE IS HEREBY GIVEN,pur- No. 01V06105050 suant to Section 267 of the Town Law and Quallfled In Suffolk County Town Code Chapter 280(Zoning),Town My Commission Expires Fnpryary 28,2020 of Southold,the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,P.O. Box"1179,Southold,New York.- 11971- 0959;on THURSDAY MARCH 2.2017. of Disapproval based on an application deck addition less than the code required 9:30='A-,JW,.-)R,BRADFORD BURN- for a permit to construct additions and minimum front yard setback of 50 feet, ii •A OKWO 5 – (Adjourned from alterations to an existing single family 25"as built"accessory pergola located in January"5; 2017) Request f6r`a Vari- dwelling and a new accessory garage,at: other than the code required rear yard, ante under Article III, Section 280-13 1)less than the code regirired minimum located at;1315 Hillcrest Drive,Orient, and the Building Inspector's August,2, front yard setback of 35 feet,2)less than NY,SCl'M#1000-13-2-8,10 2016,Notice of Disapproval based on the code required minimum rear yard 1.15 PM -TOWN OF SOUTHOLD an application for a building permit to setback of 35 feet,3)accessory garage lo- PLANNING BOARD/ACKERMANN construct a boathouse(storage building) cated in other than the code required rear AGRICULTURAL BARN #7037 The on a vacant residential parcel,at:1)the yard,located at;125 Bow Road,Southold, Southold Town Planning Board'has re- proposed boathouse (storage building) NY.SCTM#1000-87-2-33. quested that the Southold Town Zoning is not a permitted use;located,at:Pen- 10.40 AM—-DAVID AND JUDITH Board of Appeals,pursuant to the Plan- ninsula Road (adj. to Darbie's Cove), MILLER#7031-Request for a Variance ning,Board Memorandum dated Decem- Fisher's Island, NY. SCTM#1000-10-4- under Article III,Section 280-15;and the ber 2,2016,provide an interpretation as 9.2&1000-10-4-9.3 Building Inspector's October 14, 2016 to whether agricultural equipment stor- 9.45 A.M.-ELIZABETH BRANCH Notice of Disapproval based on an appli- age for a vineyard management opera- #7010 - (Adjourned from January 5, cation for a permit to remove an existing, tion qualifies as a permitted agricultural 2017)Request for a Variance under Arti- swimming pool and to construct a new storage use relative to a proposed build- cle III,Section 280-13C and the Building accessory in-ground swimming pool,at: ing located on eight acres of lands on Inspector's September 19,2016, Notice 1)located in other than the code required which development rights are owned by of Disapproval based on an application tbar yard, located at; 370 South View the Town,located at:1350 Alvahs Lane, for a permit to demolish an existing ac- Drive,Orient,NY,SCTM#1000-13-1-9.1. Cutchogue,NY.SCTM#1000-102-4-6.1. cessory cottage and a building permit to 10-SO A.M.-MARIALICE DOYLE The Board of Appeals will hear all construct a new accessory cottage with an #7033 - Request for a Variance under persons or their representatives, desir- expansion at:1) the proposed construc- Article XXIII,Section 280-124;and the ing to be h8ard at each hearing,and/or tion is not a permitted accessory use,at: Building Inspector's October 24, 2016 desiring to submit written statements 1560 Indian Neck Lane (Adj. to Hog Notice of Disapproval based on an ap- before the conclusion of each hearing. Neck Bay,Little Peconic Bay),Peconic, plication for a permit to construct an ad- Each hearing will not start earlier than NY.SCrM#1000-98-4-23. dition(three season's room) to a single designated above. Files are available for 10:00 A.M.-DAVID BOFILL 47028 family dwelling,at:1)addition located at review during regular business hours and -Request for Variances under Article III, less than the code required minimum rear• prior to the day of the hearing. If you Section 280-15;Article IV,Section 280-19; yard setback of 50 feet,located at;3585 have questions,please contact our office and the Building Inspector's November Great Peconic Bay Boulevard, Laurel, at,(631) 765-1809,or by email:KimF@ 16, 2016 Notice of Disapproval based NY,SCTM#1000-128-3-12.5. southoldtownnygov on an application for a permit to legal- 11.15 A M - LEJON ENTERPRIS- Dated:February 16,2017 ize two"as built"accessory buildings and ES. INC. #7034 – (Contract Vendee) ZONING BOARD OF APPEALS an"as built"accessory deck,at:1)acces- Request for a Variance under Article LESLIE KANES WEISMAN, sory structures located less than the code NMII,Section 280-124;and the Building CHAIRPERSON required minimum side yard setback Inspector's November-28, 2016 Notice BY Kim E.Fuentes of 10 feet,at:5785 Vanston Street,(Adj. of Disapproval based on an application 54375 Main Road(Office Location) to Wunneweta Pond) Cutchogue, NY. for a permit to construct a new single 53095 Main Road(Mailing/USPS) SCTM#1000-118-1-1.4. family dwelling, at: 1) proposed dwell- P.O.Box 1179 10:10 A.M.-JOHN E.MCDONALD .ing less than the code required minimum Southold,NY 11971-0959 AND CATHERINE MCDONALD rear yard setback of 35 feet,located at; 13179-1T 2/23 #7036 – Applicants request a Special 6125 County Route 48,-Mattituck,NY, Exception under Article III,Section 280- SCTM#1000-139-3-49. 13B(13). The Applicants are owners of L00 P.M. - IAN AND LYNETTE subject property requesting authoriza- CROWLEY,#7035–Request for Vari- tion to establish an Accessory Apartment ances under Article III,Section 280-15; in an accessory (garage) structure, at: Article XXIII,Section 280-124;and the 1235 Winneweta Road,Cutchogue;NY. Building Inspector's December 7,2016 SCTM#1000-104-12-12.2. Notice of Disapproval based on an ap- 10.30 A.M. - JOHN MURNAME _. plication for permits to legalize an"as #7027-Request for Variances under Arti- built"deck addition attached to an ex- cle XXHI,Section 280-124 and the Build- isting single family dwelling and an"as ing Inspector's October 31,2016 Notice built"accessory pergola,at:1)"as built' r-- i ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hi!p:Hsouthtown.northfork.net February 6, 2017 Re : Town Code Chapter 55 -Public Notices for Thursday, March 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 February 13th: 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 February 20th : 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 February 22"d: 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 February 28, 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. Office Location: fiF S0046 Mailing Address: 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 COUNTY,N � http://southoldtown.northfork.net 0Tel. TOWN OFF SOUTHOLD rPlountnino (631)765-1809 Fax(631) 765-9064 C 0 8 2016 December 8, 2016 hold Town Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7028 BOFILL, David Dear Mark: We have received an application to legalize "as built" accessory buildings and an accessory deck. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp n By: KdIf"v2 Office Location: O�*QF SQ�jyo Mailing Address: l 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 i �y�OU?M1 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 December 8, 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 # 7028 Owner/Applicant : BOFILL, David Action Requested: Legalize "as built" accessory buildings and accessory deck. 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 Cha'rperson By: Gt,� Encls. 'BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson ���' yp� 53095 Main Road• P.O.Box 1179 'l d Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider C(J� ,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 March 21,2017 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: ZBA Appeal No. 7028, Bofill SCTM No. 1000-118-1-1.4 Part Grant,Part Deny and Grant Alternative Relief Dear Applicant; Transmitted for your records is a copy of the Board's March 16, 2017 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Prior to applying for your building permit, you must submit for approval and filing two sets of the amended survey conforming to the (denial with) alternative relief granted. Before commencing any construction activities, a building permit is necessary. (if applicable) Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. Sincerely .4L Kim E. 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