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t (Ae.s4-phodvj- a1'0'�r- �ns -k O^k CO-A Jtv+ aAti e asfi J 6w�. atcxl, pr�'ri pvoy�s CA-yl- 6(:- A-yl— b(:- is dee - 4f�A p po U �v Airi— I J Se-C a8®—1 q, oU0-/5'pumposq'-d us-e, 4�- seccezi svce-ph."` PW 81,5117 a= iI-I vewef ZOO CHECK BOXES AS COMPLETED ( )Tape this form to out cm a a ( ) Pull ZBA copy of ND co ( ) Check file boxes for K h y ( ) Assign next number 0 outside of file folder m ( ) Date stamp entire or v x o o rQ m Cn file number ,_. o o-0= D ( ) Hole punch entire or m �' Q" v N Zn (before sending to T. CD cnZ � � -� C ;U (D ( ) Create new index car @ � ( ) Print contact info & tin CD Q ( ) Prepare transmittal t ( ) Send original applica- bo to Town Clerk ( ) Note inside file folde and tape to inside of CD ( ) Copy County Tax Ma neighbors and AG to ( ) Make 7 copies and p o ( ) Do mailing label rn i , i kto M0 (OPWRIS BOARD MEMBERS ®� ��VTSouthold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main'Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporait Office Location: Eric Dantes c/s Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'C®U �`c.V Southold,,NY 11971 http://southoldtownny.gov BEC 9VE® ,ZONING BOARD OF APPEALS TOWN OF SOUTHOLD °7�y� SEP 2. 5 201 Tel.(631)765-1809-Fax(631)765-9064 r Smithold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 21,2017 ZBA Application No.: SE7075 (Special Exception) and No.: 7076 (Variance) Applicants/Owners: John Heeg and Gina Fischetti Heeg - Property Location: 1945 Westphalia Road,Mattituck,N.Y. SCTM No. 1000-141-1-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under Administrative Code Sections A14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property contains 21,611 square feet with 82.40 feet along Westphalia Road,263.45(feet along the westerly property line, 263.38 feet along the easterly property line, and 83 feet along the southerly(rear)property line.. The subject lot is improved with a single-family one story residence and a one story accessory barn structure as shown on the survey by John T.Metzger,Peconic Surveyors P.C. dated last revised October 28, 2016.The accessory barn structure is on-a concrete slab that measures 30.3 feet by 20.2 feet.The applicant is requesting to add an addition to this area of 20.0 by 10.0 square feet. The attic floor of the existing structure is used for storage.The accessory structure has a CO of record dated August 6, 1997 under Certificate of Occupancy#E-25190 confirming that the accessory barn was built prior to January 1,2008 ADDITIONAL INFORMATION: Because the applications for variance relief(#7076) and a Special Exception Permit(#SE7075)to establish an accessory apartment in an accessory structure are so intertwined,both appeals were opened and heard at the same time during public hearings before the Board on August 3, 2017 and September 7, 2017. This determination will subsequently address both applications. REQUEST MADE BY APPLICANT: ZBA No. SE 7075 The Applicant-Owner requests a Special Exception under Zoning Code Section 280-13(B)(13) to establish an Accessory Apartment in an existing accessory structure that exceeds the maximum 750 sq. ft. of livable floor Page 2, September 21, 2017 #7075SE& 7076,Heeg SCTM No. 1000-141-1-3 area and contains more than one permitted bathroom, at: 1945 Westphalia Road,Mattituck,NY. SCTM#1000-141-1-3. BASIS OF APPLICATION ZBA No. 7076 Request for Variances under Article III, Section 280-15, Article IV, Section 280-19 and the Building Inspector's December 28, 2016,Amended January 3, 2017 Notice of Disapproval based on an application for a permit to make additions and alterations to and convert an existing accessory barn into an Accessory Apartment, at 1) located less than the code required minimum side yard setback of 15 feet; 2) proposed accessory structure exceeding the code permitted maximum 750 square feet of livable floor area at: 1945 Westphalia Road, Mattituck,NY. SCTM#1000- 141-1-3. , RELIEF REQUESTED: ZBA No. 7076. The applicant requests variances to make additions and alterations to and convert an existing accessory barn into an accessory apartment with a proposed 12 foot side yard setback where the code requires a 15 foot minimum, and proposed construction that notes a total size of 800 square feet of livable floor area where the code permits a maximum 750 square feet as shown on the survey by John T. Metzger, Peconic Surveyors P.C. dated last revised,October 28,2016. FINDINGS OF FACT REASONS FOR BOARD ACTION The Zoning Board of Appeals held a public hearing on this application on August 3, 2017 and September 7,2017,at which time written and oral evidence were presented.Based upon all testimony, documentation,personal inspection of the property and the surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant. ZBA No.: 7076 (Variance Relief) 1. Town Law 4267-b(3)(b)(1). Grant of the variance for the side yard setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject accessory barn has existed in its current location with a legal Certificate of Occupancy since the nineteen- nineties and was originally built prior to zoning. Grant of the variance for the proposed increase in size from the existing conforming 600 square feet to a non-conforming 757.5 sq. feet of livable floor will be addressed in the standards governing accessory apartments in accessory structures under ZBA No.: SE 7056 elsewhere in this determination. 2. Town Law§267-b(3)(b)(2). The benefit sought by the applicant for a non-conforming side yard setback cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing accessory barn legally exists in its current location and it is not practical to move it. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for the side yard setback is substantial, representing 20% relief from the code. However,the alternative relief for the accessory apartment granted herein, requires that the westerly 12 foot wide non-conforming side yard remain open and clear of obstructions and that the proposed exterior stair be located on the east side of the existing accessory structure. 4. Town Law X267-b(3)(b)(4)No evidence has been submitted to suggest that a side yard variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code Page 3, September 21, 2017 #7075SE&7076, Heeg SCTM No. 1000-141-1-3 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory apartment in an accessory structure with a non- conforming side yard setback 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 Weisman (Chairperson) , seconded by Member Planamento, and duly carried,to GRANT the variance for the side yard setback as applied for and shown on the survey by John T. Metzger, Peconic Surveyors P.C., last revised October 28, 2016, and RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman, seconded by Member Planamento, and duly carried,to DENY the request for a variance for additions and alterations to an existing accessory barn with conversion into an accessory apartment with a non-conforming livable floor area and a proposed half bath/lavatory, as shown on the floor plan by Joseph Fischetti,P.E., labeled Sheet No: A-5 dated 8/12/17, ZBA No.: SE7075 (Special Exception Permit Application) In considering this Special Exception Permit application,the Board has reviewed the code requirements set forth pursuant to Article IJI, Section 280-13(B)(13)to establish an Accessory Apartment in an Accessory Structure and finds that the applicant DOES NOT comply with all the requirements for the reasons noted below: 1. The Accessory Apartment unit, as proposed, will be located in the existing accessory barn with an area of 757.7 square feet of livable floor area, in non-conformity with the code which permits a maximum of 750 sq. ft., as described and shown on the floor plan by Joseph Fischetti, dated August 12, 2017 and as confirmed by the Building Inspector in a memorandum titled"Verification of Livable Floor Area" dated September 8,2017 and received by the Board of Appeals on September 8, 2017. At the hearing on August 3, 2017 the applicant's engineer/Father disagreed with the Building Inspector's original calculations of 800 sq. ft. of livable floor area dated April 25, 2017. At the Board's suggestion he returned to the Building Department to discuss the discrepancy which resulted in the current calculations of 757.7 sq. ft. cited above. In reviewing the applicant's proposed 200 square foot addition to the subject 600 sq. ft. +/-accessory barn, the Board considered the original intent of the code. In so doing we find that the code was established to create more affordable housing options throughout the Town(rental apartments)for qualifying individuals by legalizing the conversion of existing accessory structures built prior to January 1, 2008, ranging in size from 450 to 750 square feet of livable floor area. Further,the intent was to utilize accessory structures that were already in place and avoid new construction. While the Board has granted variances for excessive livable floor area, it has done so where apartments in accessory structure had already been built and only when the relief was deemed de minimus in nature. If the Board were to grant Page 4, September 21, 2017 #7075SE& 7076,Heeg SCTM No. 1000-141-1-3 the applicant alternative relief to enlarge the subject as built barn to a code conforming 750 sq. ft., of livable floor area it would amount to a de facto approval of new construction that does not meet the qualifying date of January 1, 2008 or the spirit or intent of the code as described herein. 2. The dwelling unit complies with the definition of same in §280-4 of the code and complies with the code requirements as defined in Section 280-13(B)(13) of the Zoning Code.The owner DOES NOT confirm that the accessory apartment shall not contain less than 450 sq. feet nor will the accessory apartment exceed 750 square feet of livable floor area, all on one floor with only one full bathroom. The proposed size if 757.7 sq. ft. is addressed above. The proposed apartment is all on one floor with non- habitable attic storage space above accessed by an existing pull down interior stair and a proposed exterior staircase. In addition to the permitted one full bathroom ONLY,the applicant also proposes to install a lavatory/half bath consisting of a toilet and sink as shown on the floor plan by Joseph Fischetti, P.E. labeled Sheet No: A-5 and dated 8/12/17 which does not conform to the original intent of the code. 3. The applicant herein, owns and resides at the property and will continue to occupy the single family dwelling as a principal residence in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4), and as documented by Gia Heeg's copy of a valid New York State Driver's License and a copy of her Optimum Cable bill along with a notarized statement of full time residency at 1945 Westphalia Road in Mattituck 4. The occupants of the accessory apartment will be Gia Heeg's mother and father,Linda and Joseph Fischetti certified by the owner applicant and, notarized on April 15, 2017 by Lindsey Dimon, or, alternatively, a resident who is currently on the Southold Town Affordable Housing Registry, and the occupancy shall not exceed the number of persons permitted, in conformance with the code requirements as set forth in Article III, Section 280-13(B)(13)0, 1-4). 5. The owners' plans comply with the on-site parking requirements and provide for a total of three(3) parking spaces,two for the principal use and one for the Accessory Apartment, utilizing the existing driveway areas, as shown on the site plan or survey by John T.Metzger, Peconic Surveyors,P.C. dated last revised October 28,2016. 6. Only one accessory apartment will be on the subject property and no Bed and Breakfast facility, as authorized by Section 280-13(B)(14)hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. 7. This conversion shall be subject to a building permit, inspection by the Building Inspector, and annual renewal of the Certificate of Occupancy. REASONS FOR BOARD ACTION DESCRIBED BELOW: 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: 1) Alternative relief for the Accessory Apartment is reasonable in relation to the District in which is located, adjacent use districts, and nearby adjacent residential uses. 2) This Accessory Apartment shall be in conjunction with the owner's residence in the Accessory structure, and as proposed will not prevent the orderly and reasonable use of districts and adjacent properties. 3) No evidence has been submitted to show that the safety, health, welfare, comfort, convenience, order Page 5, September 21, 2017 #7075SE& 7076, Heeg SCTM No. 1000-141-1-3 of the Town would be adversely affected. 4)The special exception is authorized under the Zoning Code through the Zoning Board of Appeals as noted herein,and issuance of a Certificate of Occupancy from the Building Inspector is required by code before an Accessory Apartment may be occupied. 5)No adverse conditions were found after considering items listed under Sections 280-142 and 280-143 of the Zoning Code. BOARD RESOLUTION: On motion by Member Patricia Acampora seconded by Member Dantes, it was RESOLVED,to DENY the Special Exception Permit s applied for and to GRANT ALTERNATIVE RELIEF for an Accessory Apartment, in the existing 600 square foot+/- accessory barn structure, with only one full bath, without an additional half bath/lavatory; and to permit exterior stairs located on the easterly side of the subject structure, in conformance with the code. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey and architectural drawings, 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 building permit, and may require a new application and public hearing before the Zoning Board of Appeals. SUBJECT TO THE FOLLOWING CONDITIONS: 1. This Special Exception Permit requires an annual renewal by a Building Inspector in the Building Department. It is the applicant's responsibility to apply to the Building Department each year to renew the accessory apartment permit. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. 2. This Special Exception permit cannot be transferred to new owners.The subject accessory apartment may only be occupied by the applicant's parents as applied for. In the event that a family member no longer chose's to or is unable to live in the subject apartment,the applicant/owners must choose a new tenant who is registered on the Southold Town Affordable Housing Registry, or is eligible for registration and applies to and is approved for same. Documentation of new tenancy must be submitted to the office of the Board of Appeals and the Building Department. 3. The Special Exception permit granted herein by the Board of Appeals shall become null and void if a Certificate of Occupancy has not been procured within three(3)years from the date of this decision. 4.No heating or plumbing may be installed in the attic storage portion of the existing accessory barn/accessory apartment and the existing interior access to the attic storage shall be removed 5. The attic may be used solely for storage purposes.No habitable space may be created therein. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 6, September 21, 2017 47075 SE& 7076, Heeg SCTM No. 1000-141-1-3 Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein. Vote of the Board: Ayes:Members Weisman (Chairperson),Dantes, Planamento, Acampora and Goehringer. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing7 /2017 40'-0" Z A O S'-�✓ " 6'-2" 10'40 " �f'-O " le 11 A21 2-2x6 TUJ2636-2 2-2x6 w IFLW7-1 TEMPERED tU12636 2-11-1/0 ML TW263(o 1.4 _31 II 31_211 61_111 '-1 " 20'-'l I - o a 2X6 C (15-C 4 1 V Ctl _ ADD 2 6s(15" C) w I x BATH `1 LNDRY - ¢ KITCHEN ' � 1 V) NO. I ROOM zI I I C4 � uj W N N - I DINING '^ LL LINEN I _ Q •�/ 2X6 CJ (�?30"OC 3X3 BRKT 1 �-- Q 1 I W ADD 2X6s(15"OC) 2-2X8 11 rl Lu ml _ — m ml r J J .-� I I 1 I'W' 1uW.'.'I {V�-I''1 00 I I - O in to In X ry 11 O 1 PATIO Q o W I W W I W 4 N'' ![1 NO cv x - W, 1 2X6 CJ 12"OC I 2-2X8 'I _ m 0 I ------- Q - \I ' N I I O - I I II 3-O�, � `9 0) BEDROOM I _`�' WIC I I LIVING ROOM 1 I .� I' LAVATORY NL. I u I rJ'-1 " I - 2X6 J 30"OC 151-3" 134 I 0m � X • x ' N 2111 I - I ' I LINEN I b n r 1 A281-2 TUJ2646 " '1 11 11 I tUJ2646 II II II II 1 1 1 I I 11 I II II �� 2-2x6 2-2x6 n I I n it I 2-2x6 I I n 1Lu 11 II II II 1 I I I 1 11 I II II I I II II II 1 I I I 1 11 I I I II I I 11 II 11 1 I 1 I I 11 I I I II � W I I II II 11 1 1 I I 1 I I I 11 11 1 II 11 II 11 I I I I I 11 I II II •� 11 I I II 11 I 1 1 I I 11 1 11 11 z jrnti� CD 4'-93/4 51_4V2 4 41 2 (0 z rn r W (O p 04 61-4" 2 -1 -311 3'-3 11 X J Ln'01QO O 10 -O" 40I-OI u- O O _M 1 u) a: O (0 1.MATCH EXISTING PLATE HEIGHT UNLESS OTHERWISE NOTED. 7. INSULATE ALL EXTERIOR AND INTERIOR WALLS.SEE ENERGY W u AREA SCHEDULE COMPLIANCE REPORT. O 2.EXTERIOR WALLS TO BE FRAMED WITH 2X6 DF#2 STUDS @ 16-OC. BATH No. 1 71.3 SQ FT 8.ALL WALLS AND CEILIGN TO BE PROVIDED WITH 5/8"SHEETROCK. 3.EXTERIOR SHEATHING TO BE 1/2"THICK FIR CDX PLYWOOD. BATHROOMS TO BE INSTALLED WITH MOISTURE-RESISTANT BEDROOM 162.8 SQ FT SHEETROCK.USE DUROCK CEMENT BOARD AT SHOWER/BATH TILE 4.PROVIDE 2-2X10 DF#2 HEADERS OVER ALL OPENINGS UNLESS AREAS. �^ LAUNDRY ROOM 37.7 SQ FT OTHERWISE NOTED.ALL OPENINGS OVER 3 FT.TO HAVE 2 JACK STUDS V! ON EACH SIDE OF OPENING.PROVIDE 3 JACK STUDS FOR 9.ALL FLOOR TILE AREAS TO HAVE MUD SETTING. O BATH No. 2 44.8 SQ FT MICROLAM HEADERS. 10..ALL NEW PLUMBING WATER SUPPLY LINES TO BE 3/4"PEX HOME RUNS. LIVING, DINING, KITCHEN 373.5 SQ FT 5.INSTALL FIRE BLOCKING,FIRE COLLARS,CAULKING,etc.IN CEILINGS `, /� (MAX 10'OC)AND INTERSECTING WALLS,LOAD-BEARING WALLS, 11.,INSTALL 12X12/14X14 NICHES AT ALL NEW SHOWERS UNLESS OTHERWISE CLOSETS 50.4 SQ FT FRAMED CHIMNEY/DUCT CHASES,VENTS,PIPE PENETRATIONS,etc. NOTED.TOWEL BARS,RINGS,TOILET PAPER HOLDERS,etc. PER CODE. INSTALL SHOWER BENCHES AS SHOWN ON PLAN OR AS NOTED. (740.5 SQ Fr) ���Er�r�© D RAW N BY: 3F 6.ALL EXTERIOR OPENINGS TO HAVE DESIGN PRESSURE UPGRADES WHERE 12..INSTALL SMOKE AND CO DETECTORS AS REQUIRED BY CODE. UTILITY HEATING AREA 17.2 SQ FT APPLICABLE.PROVIDE DEBRI-PROTECTION PANELS WITH FASTENING 2017 HARDWARE UNLESS OPENINGS HAVE IMPACT GLASS. �`l�G` 8/12/2017 i AROUND PERIMETER OF FOUNDATION -ONING OF ['CE�L� (MIN.RIO) ,ST, FLOOR FLAN SCALE: SEE PLAN 2.EXTERIOR WALLS TO HAVE CLOSED CELL INSULATION (MIN.R21) ;jG,a,LE: 114" = 1'-0" `1 P.CEILING TO BE R19 FIBERGLASS INSULATION af � SHEET N O. 0 A �0. 05 NQ K 9 F�.SSIOi`? v i z AP4 O O p a ^ x x H 4'-8V" 4'-8V2" 3'-o" w W 2-2x6 2-2x6 A21 TW2842 A21 REPLACE EX. BARN DOOR 1 , 1 1 1 1 4 n 1 I � I N 1 1 1 � 1 1 I I ' I I I LL I Q 1 - I EX. STORAGE Q EX. ATTIC I UNHEATED I I 1 1 ul 1 NEW WALL 1 S 1 BELOW I , 1 1 CLOSE OFF EX. GL PULL DOWN STAIR C4 N -+� w 1 1 N Q) 7 L .� z � zLo 1 1 1 1 CN 7 X1/4 ML _j >< DN z m O ~ O ,O -0 LANDING (n O D (� r LANDING DN W � O � A LL 1- I NEW STAIRWAY ACCESS 1-/4 4lI O Q) 2ND, FLOOR FLAN � cn SCALE: 114 = 1 -0 RCC�fv��, AUG DRAWN BY: IF urvlrvc1, <..t. il- PPEAtS 8/12/2017 SCALE: SEE PLAN SHEET NO: C,a ' C -17J, V :. J r` 0. SON SURVEY OF PROPERTY" AT MATTITUCKwqR �� �€ TOWN OF SO UTHOLD ZONING BOARD OF APPEALS SUFFOLK COUNTY, N. Y. rpN Ue N�meq) 1000-141-01-03 v� SCALE: V=30' F JULY 24, 1997 �vo4.svl AUGUST 3, 2016 ,'J . CPO ',�rrrr AUGUST 15, 2016 (REVISIONS) ?4 ► ,,,r l H,gl7•Ll'A SEPTEMBER 26, 2016 (PROPOSED ADDTT 710A) 9 9S' �R /N Sjl row U°!zl/iy SEP7EMBER 30, 2016 (REVISIONS) OCT. 28, 2016 REVISIONSAl ) ` � 8� P� Qi %01 ®'mac F ��% zo• s(/Sq oqUs . 4 �« Yoe^-`;:ib;l"° � � � q• s nc c LOT COVERAGE HOUSE = 1293 sq.ft. BARN = 612 sq.ft. ° o ADDITION = 200 sq.ft. Oti 'o 2105 sq.ft. / s ooAo 0�;e J- Fpn o TEST HOLE DATA 2105/21610 = 109 McDANALD GEOSdENQE 06/14/16 / �► MIXED SAND AND LOAM \ /a,• �?' BROW SILTY SAND SM PALE BROW RNE SAND SP s 1/0//,Vh,U/pi r� (D �SSN'� R r 'v-;'o' r�,�1 i Nc� !y rl '14 N �� NOiE NO WATER E1VGi0UN1ElRED 6gSF�� y- FUN/CF q p/F NT (oZvNj MCRUsT c / OZ` 1,5 64SFMFNT DoRp;�7f N/0/, r•,f"s y 4 •"� �,, 0; �qs,�Y sky "'vo� , A d ® = PIPE y � Zsp i C Q���ly 9,gSFMFN,� OF NE`VYD T �NT. MFT�G` ,�.a L�Lw -•.�. ® — MONUMENT ELEVATIONS & CONTOUR LINES ARE REFERENCED TO NAVG 88 N0. 4 8 ANY AL TERA TION OR ADDITION TO THIS SURVEY 1S A VIOLA,70N SUR VEYORS, P.C. OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIWSION 2. ALL CERTIFIc:ATIDNS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF 01 SLY IF TOTAL AREA = 21,610 SO. FT P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 97-258 ARCA s 2;81!` `$Q FT, AND Wes Jr.e a ` ECEIVED APR 21 2097 ZONING BOARD OF APPEALS SURVEY" Of ' P,R6,Py.�E,R'TY ?� r Ar AfA ,T1 ffUC1�y F A' r w�/�y.'�n TOWN 0,F.4W !-IV4l./ Q' SUfFOiK;COWtt-N Y Q SCakr Y'=90! a� MY 24, 1887 NrO� 0' �o;y, Nip e3oo• o,.MEN,, CERRO To CA4 FEElNEY NORTH F018Y BAIV1f Y.S.L1C,NO. 49618 5 S'P.C. AaB 9 1230 TRAVELER STREET SOUTHOLO, N.Y, 11971 97--2$8 -- 4 �+� OF APPEALS ZONING BOAR® W14 T`441rll�l EE E ®®®®' FRONT ELEVATION SCALE: 1/4" - V-0" Z Z�Z� rn W(oON QOOCLD 1 , Zm= r- 0 Ci cv) te00cv) coa- Oco [M-1 w 0 O I X I I I I I I TIMM d IH L IILI f� DRAWN BY. JF - m 9/18/2016 SCALE: SEE PLAN RIGHT ELEVATION �o ���® SHEET NO: SCALE: 1/4" = P-0" fid® 1 v 1 l J f/AaA � � DECEIVED ~ APR 1 2017 1.4 V Z0141N0,BOARD OF APPEALS 11.1 H ® ® ® FM tiLlILITILIJILl 11 1 Hill 1111 11 1 111 REAR ELEVATION SCALE: 114" = 1'-0" W W Z zZ' rn WcoON Z c 0 co a 55O7)M L0 co U — U- O w a sil DRAWN BY: ]F LLIJ �tS ® 9/18/2016 wGo SCALE: SEE PLAN LEFT ELEVATION SHEET NO: SCALE: 1/4 = V-0" ���® Z 0 z mcevw APR %I ZOV 101- V Lu 70i4TNG BOARD OF APPEALS --------------- ------------------------ -----o-------- o--- • '--' #4 BAR J EP12'OC O ao a0 A � A � a LL N 0 ---------------------- -4 --- -- -------------------------- m S ----------------- PAllO ° EXISTING FOUNDATOADD 1 COURSE OF BLOCK/ �o 3 AROUND PER ' 0 LLI 5 w c Z 1 Z Lo O Z � a) #4 BAR lJ.l N o Utz oc Q m O L6 a a 1` _ f40DM 0 CID W d V 1)8•THICK POURED CONCRETE FOUNDATION,3000 psi TOP OF WALL TO MATCH 4)PROVIDE 2X6 ACQ SILL PLATE UNLESS OTHERWISE NOTED SILL PLATE LL NEWWALL HEIGHT TO BE INSTALLED OVER COP-R-TEXTERMTTE SHIELD AND SILL GASKET O 2)FOUNDATION TO HAVE 16°X8°CONCRETE(2X4)KEYWAY IN FOOTING 5) PROVIDE 5/8'DIA ANCHOR BOLTS AT 3'-0°OC AND W/I 1'-0'OF CORNERS, d FOOTINGS TO HAVE 2-#S CONTINUOUS RE-BAR ALL FOOTINGS TO REST ON INTERSECTIONS AND SPLICED JOINTS ANCHOR BOLTS ARE TO HAVE A UNDISTURBED SOIL(MINIMUM 3000#CAPACITY) MINIMUM 7°IMBEDMENT INTO THE CONCRETE EACH ANCHOR BOLT ARE TO BE ATTACHED TO SILL PLATES WITH 3X3 SQUARE WASHER AND NUT 3)FOUNDATION SLAB TO BE 4°THICK 3000pn CONCRETE ON COMPACTED FILL , INSTALL 1/2°EXPANSION JOINT MATERIAL WHERE SLAB MEETS ADJOINING WALLS SCALE: 1/4" = 1'-0" �N� DRAWN BY: ]F 9/18/2016 * SCALE: SEE PLAN SHEET NO: ��OA • 0525® 4,� Vol Zrul 4'k" 41/.° 5" 4'/." �t L �i 40-0 a0'-- ------ 0`- ^- - ---------- ---------- --------1 1 F s �� _ te�a!! �gg���q� �7 10'-6'/2" 7'-0%"." y' %". � I-a - APR S 10'-0„ „ A21 TEMPERED TN2636 7W2636-2 i; ; TM636 t_ 2)2X6 HDR (2� X6 HDR ),11-7/8 ML HDR ' (2)2X6 HDR IVgRNG BOARD OF APPEALS ° 6,_3,h" 3_2^ ;g,�„ 0 Q Q I 20'-7° 0 o ------ - O O _r --- R 630-OC I KITCHEN 'y x �o e 1 AD 2X6s(15'OC) O = IF EJ, LAUNDR = I ° ; I - \ � LINEN m UTI�I E 2'-O%z° O ®(----- O 3 �r-B° I DININGt3( I A I A -. o ADD 2X6s(19°OCI' NO O�L— �- -------------�:-- o - ------ -- - - -------- --------- -------------- ------ --- ---- -------- ----- ----- .4 -- ---- O T ,o d r X En 0.PATIO ° 6" -4 2X6 CI @12"OC �"i; 2X6rs F 'BADD 2V2O BEDROOM L V [� BATH LIVING 'v ili it O �C -2 6. C 2X6s 75' Q 7�\�\\ Lu x r I.LI °_ ° 3 Z�Z'o'' F ® 2 2X6 D (2)2X6 HDR (2)2X6 HDR 11.1 CO 0 N A281-2 TEMPERED TW2646 iW2696 Q O O(p 101-0" 101-0.1zm2ti 1v\ fn��M G-4' 15-3'h° 5'-10" 9'-3" 3'-3K" W d.0 CID LL 0 1)MATCH EXISTING PLATE HEIGHT UNLESS OTHERWISE NOTED 7)INSULATE ALL EXTERIOR AND INTERIOR WALLS SEE ENERGY d COMPLIANCE REPORT 2)EXTERIOR WALLS TO BE FRAMED WITH 2X6 DF#2 STUDS AT 16°OC 8)ALL WALLS AND CEILINGS TO BE PROVIDED WITH 5/8'SHEETROCK 3)EXTERIOR SHEATHING TO BE 1/2'THICK FIR CDX PLYWOOD BATHROOMS TO BE INSTALLED WITH MOISTURE-RESISrANr SHEETROCK.USE DUROCK CEMENT BOARD AT SHOW ER/BATH TILE 4)PROVIDE 2-2X1°DF#2 HEADERS OVERALL OPENINGS UNLESS AREAS OTHERWISE NOTED ALL OPENINGS OVER 3 FT TO HAVE 2 JACK STUDS ON EACH SIDE OF OPENING PROVIDE 3JACK STUDS ON EACH SIDE FOR 9)ALL FLOORTILE AREAS TO HAVE MUD SETTING MICROLAM HEADERS 10)ALL NEW PLUMBING WATER SUPPLY LINES TO BE 3/4"PEX HOME RUNS 5)INSTALL FIRE BLOCKING,FIRE COLLARS,CAULKING,etc IN CEILINGS (MAX 10'OC)AND INTERSECTING WALLS,LOAD-BEARING WALLS, 11)INSTALL 12X12/14X14 NICHES ATALL NEW SHOWERS UNLESS ®� ((�o_ DRAWN BY: JF FRAMED CHIMNEY/DUCT CHASES,VENTS,PIPE PENETRATIONS,do OTHERWISE NOTED,TOWEL BARS,RINGS,TOILET PAPER HOLDERS,etc PER CODE INSTALL SHOWER BENCHES AS SHOWN ON PLAN OR AS NOTED 6)ALL EXTERIOR OPENINGS TO HAVE DESIGN-PRESSURE UPGRADES WHERE 12)INSTALL SMOKE AND CO DETECTORS AS REQUIRED BY CODE s�� ®s� 9/18/2016 APPLICABLE PROVIDE DEBRI-PROTECTION PANELS WITH FASTENING SCALE: SEE PLAN HARDWARE UNLESS OPENINGS HAVE IMPACT GLAZING cc SCE AL : 1/4" = 1'-0" SHEET NO: 06���® �$$ti���� _1 o4�4 - Z o �- RECEIVE® O o I- z APR 21 2017 4'-9Y.° �� T ILS y V ZONING BOARD OF APPEALS EW STAIRWAY ACCESS I I (� W E LNDG N LNDG � o DN (2) oc EX.STORAGE o ----------------------------------- -- -- - -- -- - - -- -- ---------------------------------------- ®--------------------- -------------- ------x ------------------------ ° EX.ATTIC !c- NEW WALL BELOW g I LLQ d Z CLOSE OFF EX I 1 C7 PULL DOWN Z Z Lo STAIR i W co 0N i O�� o J X J L6 x <00co Zm =I-- I� REPLACE EX BARN DOOR w d 0 ED (2)2X6 HDR f (2)2X6 HDR LL 0 A21 TN2842 A21 2ND. FLOOR SCALE: 1/4" = 1'-0" f NE DRAWN BY: IF 9/18/2016 ®� ® � SCALE: SEE PLAN SHEET NO: . 0 L� � v • 1""'1 O O W RECEIVED a z APR 21 W7 W ZONING BOARD OF APPEALS EX(3)2M4 RR @40'OC si 3 2X8 DF#2 RR @20'OC 12 1 B� g � 2X10 RIDGE 3X6rsRR•@4dOE�- •----------------------"---------------------"'- ------------' O 12 2 O EXISTING ROOF i ADD 2X8 DF#2 RR 020.00 W v Z -------------------------------- ---- ---------- ---------------------- -- -------------------- ----- -- --------- --' Zco Z Lo w Co IB 1)INSTALL 2X6 DF#2 COLLAR nES AT48'OC OR AS SHOWN ON PIANS 8)DO NOT INSTALL UNDERLAYMENT ON WET/DAMP PLYWOODI4 SHEATHING J X JIh MUST BE DRYAND CLEAN PRIOR TO INSTALLING UNDERLAYMENT Q 00 to 2)ALL LAYOVER PLATES SHALL BE BOLTED TO RAFTERS WITH 1/2'DIA UNDERLAYMENT IS NOTTO BE LEFT EXPOSED TO ELEMENTS AT END OF THE Z m = GALVINIZED LAG SCREWS WITH WASHERS AT EACH RAFTER. WORK DAY COVER WITH HEAVY-DUTYTARP UNTIL ALL ROOFING IS g _ 0 3)INSTALL FIRE BLOCKING,FIRE COLLARS,CAULKING,dCOMPLETE 1 � D Mo IN CEILINGS W 0-0 (MAX 1O'OC)AND INTERSECTING WALLS,LOAD-BEARING WALLS, 9)INSTALL ASPHALT ROOFING AS PER MANUFACTURE'S WRITTEN INSTRUCTIONS FRAMED CHIMNEY/DUCT CHASES,VENTS,PIPE PENETRATIONS,etc USE GALVANIZED(ZINC COATED)ROOFING NAILS,11-12 GAUGE WITH AT LL PER CODE LEAST 3/8•DIA HEADS,LONG ENOUGH TO PENETRATE THROUGH PLYWOOD 0 USE 6 NAILS PER SHINGLE NAILS TO BE FLUSH WITH SHINGLES BUT NOT 0 4)APPLY I/2'THICK FIR CDX SHEATHING OVER ROOF FRAME CUTTING INTO SHINGLE SURFACE w 5)APPLY METAL DRIP EDGE OF ANY UNDERLAY ALONG RAKE EDGES AND 10)VENTALLATTICS(INCLUDING PORCHES)AS REQUIRED USE COR-A-VENTS-400 DIRECTLYTO THE DECK ALONG EAVES AT SOFFITS,COR-A-VENTX-5 AT ROOF-WALL INTERSECTIONS,CAF COBRA RIDGE VENTAT RIDGES,AND GAF MASTER VENT LOVER FOR LOW PITCH ROOFS 6)USE 30#FELT UNDERLAYMENTWITH ASPHALT ROOFING INAREASW/ CONTRACTOR TO INSTALL SOFFITVENTALONG WALL SIDE WITH TRIM TO 412 OR LESS ROOF PIFCH USE ICE&WATER BARRIER UNDERLAYMENT CONCEAL VENT 7)ICE&WATER BARRIER TO BE USED IN ALL VALLI ES,RIDGES,INTERSECTIONS 11)GUTTERS,DOWNSPOUTS,DRYWELLS TO BE INSTALLED/REPLACED AS REQUIRED WITH ROOF AND SIDE WALLS(TYPICAL)AND 4'PERMITER. ROOF FLANDRAWN BY: JF SCALE: 1/4" = 1'-0" ®i NE � 9/18/2016 s�ey�� SCALE: SEE PLAN 0 SHEET NO: ® 0S2S� ��c� �� LSSl )XA i ADD(2)11-7/8 ML EX RR EX RR ADD 2X8 2X12 LAYOVER V I (IVT PLATE — Z 2 10 EXISTING ^ OEyEIVE® ° RR@20°OC EXISTING O 2X8 - - SPR 2 12017 @72" ADD 2X6 15'OC �� ADD 2X6 12°OC (2)14°ML w/ 3/4'STEEL � ZONING BOARD OF APPEALS ® ® '®® ® ® Q� V Lu 901110�� � Q 4°CONC SLAB EX CONC SLAB 8'PC p° WALL D L EXISTING e L EXISTING 16°X8°FFG s -CTION 4-4 (z)a4 BAR /4 3 SCALE: 1/4" = i'-0" ri C"1 Pip •�, r® 3� p r � • 1• )1 , i r z ,,II I , TOAPROVED I 'I` l� 1 `J 1 I 1 �P� Z Z SLOPE'IM PER FOOT PTrCH TO DRAIN zwP SEPRCSYSTEM v� ` ) {1 I ) ) `1 w co Q N !� 1 JXJ 3 PLUMBING SCHEMATIC 4ti ' �� ® '�`°`" Q m 0 co 1j zm=� I ( I ; I I ( I , �I N.T.S. Ir ,i I , " Eo- co=O co I } '' W cA ILI- 00 a STORM WATER MANAGEMENT DETAILS ��• ) N.T.S. II IJillI " ROOF AREA 8675Q Ff �I �/ TMNVOnme[GirN iruvuNnTp�rvm ENSAY1f1wxe[.H vvartuvvusism �� I y 1 DRAWN BY:]F AWDE WATER RUNOFF DEEP 44 CU avuvunnoro 1 �I OF HEzz„_ c PROVIDEDIBX 169'DEEP DRYWELL w TMmvocrD w' immD2vww i I 1` r 1 4` J � U`71 ®�/j�® 9/18/2016 ' BFE%4'-169N FT \ a �Oiimw.0aia�wc¢ wa Qua t 1 / �nroeer�rorowuoe.�rorraaDrn.oM SCALE: SEE PLAN DRYWELSTOBE I('MM Oaw[ane,wuun�c vmaviusmDnns wowmscu r I I l ;I + AWAY FROM HOUSE O nova uvxwmvrao�ca eew[zvmw I 14 y lo�rac _ SHEET NO: 1 WIND-BORNE DEBRIS PROTECTION FOR WOOD STRUCTURAL PANEL A� 05 ��D®�� AS PER TABLE 160914,N Y S RES CODE.ALTERNATIVE FOR OPENING PROTECTION(IF NOT OS@1G 1MPALTLA GZING) YlINRDORlQ:DliaR6 PRDIECTION fASR31QR'S0&LDtE fORNW06TROCIVPAI.PAR95 NOODSTAla:11AWL PAteE15 WI1H A wwwTn THR10lES OF]/16' _ ARO PAl@NM PANa6PAN OFB iHT9W1 BE PEIV4DED{00.0PH/PIG MVOfFCe30N IN ONE AND 1Y.05fDRY WIIOIN6 PANISS•URLOE RiFi]If 10 Cn TM3 ODDE). WRHATTADDiBIrHN(O!/FM DE G*f TR6ByT06lLTION IW91A,16P9.66ANDTARIE SfO9190FN.Y5 R6R)OR]AL ( WICRON�. MIS NOTA A18STIIIrtIOR TORp®QSME4IAE NL014@1CS MIbTfWYE DBIGNVPESAIREUWR406 WHERE/➢PIIGetE Au PANDS war�artTD RANI READrrD TSgox AM REwv/nmDYaArm DaORS.smrleu waT�FUR3®falvmArafRm/Dlr3sromreL xnRDwARE waTaamx�un3anRIERs wR3xsrAtunon. BOARD MEMBERS ltg Sol ft Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 !® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C#43 Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �O 54375 Main Road(at Youngs Avenue) a]A ,Nicholas Planamento 'UNIM, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS D 1EC[E0V[E TOWN OF SOUTHOLD _ DD Tel.(631)765-1809 •Fax(631) 765-9064 SEP - 8 2017 BUILDING DFPT. TO: SOUTHOLD TOWN BUILDING DEPARTMENT TOWNOFSOUTROLD RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application RECEIVED J. to establish an accessory apartment in an accessory structure )7��� ZBA Application No.: #7075SE & 7076 HEEG, John & Gia SEP 0 8 2017 Date sent to Building 9/8/17 ZONING BOARD OF APPEALS Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code All The livable floor area is determined to beM.Z square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: o(/0017, Signature of revie Date: to�4* pIr Adopted by the Board of Appeals. May 18,2011 FORM NO. 3 - j RECEIVED TOWN OF SOUTHOLD APR 21 20V BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: December 28, 2016 AMENDED:January 3, 2017 TO: Heeg 1945 Westphalia Road Mattituck,NY 11952 Please take notice that your application dated December 21, 2016 For permit to make additions and alterations to and convert an existing accessory barn into an accessory apartment at Location of property: 1945 Westphalia Road, Mattituck,NY County Tax Map No. 1000—Section 141 Block 1 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed accessory_garage on this 21,611 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-19,which states; Section 280-15 states that, on lots measuring between 20,000 and 39,999 square feet in total size,with a height of 19 feet,the minimum required setback is 15 feet. The proposed construction notes a side yard setback of 12 feet. Also, 280-15 C states that such buildings shall not exceed 750 square feet in total size. The proposed construction notes a total size of 800 sgluare_feet._ Furthermore the proposed use(accessoryapartment)requires Special Exception approval from the Southold Town Zoning Board of Appeals. This Notice ofAsapproval was amended on Januaty 3 2017 to dress buildin ' e. 2thorizedSi--atur- Cc: File,ZBA FORM NO. 3 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT APR 2 12017 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL, ZONING BOARD OF APPEALS DATE: December 28, 2016 AMENDED:January 3, 2017 TO: Heeg 1945 Westphalia Road Mattituck,NY 11952 Please take notice that your application dated December 21,2016 For permit to make additions and alterations to and convert an existing accessory barn into an accessory apartment at Location of property: 1945 Westphalia.Road Mattituck,NY County Tax Map No. 1000—Section 141 Block 1 Lot 3 Is returned herewith and disapproved on the following grounds: The proposed accessory_garage on this 21,611 square foot lot in the R40 District is not permitted pursuant to Article IV Section 280-19, which states; Section 280-15 states that,on lots measuring between 20,000 and 39,999 square feet in total size,with a height of 19 feet, the minimum required setback is 15 feet. The proposed construction notes a side yard setback of 12 feet. Also, 280-15 C states that such buildings shall not exceed 750 square feet in total size. The proposed construction notes a total size of 800 square feet. Furthermore the proposed use(accessM gpartment)requires Special Exception approval from the Southold Town Zoning Board of Appeals. This Notice of Disapproval was amended on Januaty 3 2017 to dress buildin e. i ✓ thorized Si atur Cc:File,ZBA I I RECEIVED --J(L)FORM NO. 3 TOWN OF SOUTHOLD APRD�J� BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOAR®OF APPEAL i NOTICE OF DISAPPROVAL DATE: December 28, 2016 AMENDED: January 3, 2017 RENEWED:March 21,'2017 TO: Heeg 1945 Westphalia Road Mattituck,NY 11952 1 Please take notice that your application dated December 21, 2016 For permit to make additions and alterations to and convert an existing accessory barn into an accessory qpartment at j I I Location of property: 19451 Westphalia Road,Mattituck,NY County Tax Map No. 10001—Section 141 Block 1 Lot 3 w Is returned herewith and disapproved on the following grounds: The proposedaccessory ag_Irage on this 21,611 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-19, which states; I Section 280-15 states that,!on lots measuring between 20,000 and 39,999 square feet in total size, with a height of 19 feet, the minimum required setback is 15 feet. 1 I The proposed constructionlnotes a side yard setback of 12 feet. i Also, 280-15 C states that,such buildings shall not exceed 750 square feet in total size. i The proposed construction notes a total size of 800 square feet. i Furthermore the proposed'use(accessory apartment)requires Special Exception approval from the Southold Town Zoning Board of Appeals. t This Notice of Disapproval was amended on January 3 201 7 o address buil 2 Zre ----- --)utho ---- ri Cc:File, ZBA I 1 i -7 0-� -70-70E!: PATRICIA C. MOORE RECEIVED Attorney at Law 51020 Main Road AUG 18 2017 Southold,New York 11971 Tel: (631)765-4330 BONING BOARD OF APPEALS Fax: (631)765-4643 August 18, 2017 hand delivered Leslie Weisman, Chair Zoning Board of Appeals Main Road Southold, NY 11971 Re: Appeal #7075SE John Heeg and Gia Fischetti.Heeg Continuation of Hearing from August 3, 2017 Dear Chairperson and Board: I have been retained to assist in the above referenced appeal. Enclosed are revised plans dated August 12, 2017 with a conforming "livable area" of 740.5 square feet. A revised Notice of Disapproval has been issued by the Building Department. Therefore, the variance for the livable floor area is no longer required. The Town Code definitions and requirements for accessory apartments state: 280-3 Definition: An apartment created in a presently existing one-family dwelling unit or accessory structure pursuant to § 280-13A(6) or § 280-13B(13). [Amended 6-15-2010 by L.L. No. 2-2010] 280-13B(13) One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no more than one bathroom. Pursuant to the request for an Accessory Apartment in an existing accessory building we respectfully submit the following: The pre-existing barn was built prior to zoning and an accessory apartment is permitted in an accessory structure (barn). As was discussed at the public hearing, the proposed apartment is one bedroom but it is designed for handicap use. In accordance with the design criteria if 280-13B (13) (a) only one full bathroom is proposed. RECEIVED cis AUG 1217 JJ Page 2 re: Appeal # 7075SE ZONING BOARD of APPEALS August 18, 2017 A second room is designated as a lavatory which is limited to only a sink and toilet. The lavatory is not a "bathroom". It is not, by definition, or by function, a "bathroom." A "lavatory" is defined as "a room equipped with a washbowl, flush toilet, etc., toilet" (Webster's New World Dictionary 2nd ed.) It is therefore, distinguished from a "bathroom" which by definition is "a room with a bathtub, toilet, washstand etc." (Id. emphasis added) Importantly, the Town already distinguishes between lavatories and bathrooms. The construction of a "lavatory" in pool houses, garages, and other accessory structures is permitted because it is not considered a bathroom or accommodation for a dwelling. Unlike a lavatory, a bathroom has a shower/tub and is allowed in an accessory apartment but not in other accessory structures. In the alternative, if the Board does not accept the distinction between a lavatory and bathroom, a variance for the sink and toilet (lavatory) is requested. A Handicap Accessory Apartment is unique. The use of the apartment by a person with,physical disabilities needing a handicap lavatory must be accommodated and the individual deserves their-privacy. We request a variance, if required, for the lavatory with only a sink and toilet. When designing an accessory apartment for handicap use, the Board 'may grant a variance. The needs of the handicapped individual and the care-taker outweigh strict application of the zoning code. If the apartment was not for handicap use, a second toilet would not be necessary. The Board may grant a variance from any condition. The Board has granted variances for the size of the apartment, therefore, the Board has the authority to grant a variance for the bathroom. Including the determination that a toilet & sink will comply with the intent of the code limiting an apartment to one full bathroom. The Board may grant a variance from any condition. New York's Town Law states, The town board may further empower the (zoning) . . . board to, when reasonable, waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver, which shall be subject to appropriate conditions set forth in the ordinance or local law adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. (Town Law 274-b). The Southold Town Board embraced the flexibility available for special exception uses in the Southold Town Zoning Code. Special Exception (280-139 ) states, in part, "the case-by-case review achieved by use of the special exception approval mechanism can increase the flexibility and appropriateness of local development review and better enable local officials to avoid negative consequences which sometime_s arise from the otherwise lawful development or use of a particular site". qt�-10-1 RECEIVED _ AUG 18 2017����5� Page 2 re: Appeal # 7075SE ZONING BOARD OF APPEALS August 18, 2017 In other applications before it, the Board has granted variances for the size of the accessory apartment. Therefore, the Board has the authority to grant a variance for the bathroom / lavatory. Including the determination that a toilet & sink will comply with the intent of the code of one full bathroom.' The application before you satisifies all of the other conditions in section 280- 13(6)(13) of the Town Code: (b) A minimum of three off-street parking spaces shall be provided on premises. (Minimum 3 off street parking spaces are provided) (c) Not more than one accessory apartment shall be permitted on a lot. (One provided) (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. 1084: An apartment created in a presently existing one-family dwelling unit or accessory structure pursuant to § 280-13A(6) or § 280-13B(13). (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (One floor and Handicap Accessible) (f) The accessory structure which is converted, in whole or in part, to permit an accessory apartment shall be in existence and be eligible for or have a valid certificate of occupancy issued prior to January 1, 2008. (Pre-existing barn/accessory building) [Amended 5-24-2011 by L.L. No. 6-2011] Therefore, the applicants request that the Board either recognize that a "lavatory" is a recognized improvement in a handicap accessory apartment, and not intended to be prohibited or Grant a variance from this condition due to the handicap use. Respectfully, atricia C. Moore PCM/bp encls. ' Occupancy,under the Health Department Regulations, is determined by number of bedrooms not bathrooms. The proposed occupancy of the apartment remains the same. RECEIVED APR 2 12017 Fee:$ Filed By: Assignment No. ARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE /I House No. Street t��"I_ 411M- Hamlet M4M (C �F SCTM 1000 Section r�_Block� Lot(s)' (: Lot Size ��dl��® Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED jBASED ON SSURVEY/SITE PLAN DATED Owner(s): Glib e _j6 Mailing Address: _ .� OCAS`ho 6-30 .�/�? Telephone:�9 `%Z 3 Fax: Email: GJAV �' t C&41 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: �'/D I�/�t 6 /� for X Owner( )Other: J� Address: ! Al"L f-DIr �C!?.y if i Telephone:&3/-4819 22J Fax: Email: -65C Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: WHEREBYE BUILDING INSPECTOR REVIEWED SURVEY/SITE VLAN DATED J O Z 8 I )6 and DENIED AN APPLICATION DATED (b 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 bhers.Do not quote the code.) Q Article: Section: -20u 1� Subsection: Type of Appeal. An Appeal is made for: ycf 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, M has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner ZBA File# RECEIVED APR 2,1 2097 Name of Owner: ZBA File# ZONING BOARD OF APPEALS REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: j hZ P; 9P 65 e j FiddI ,& fD b/iTn rj rvo coovm `A/M AXIS 1,4,1 s7/✓0(-4vV'-e 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: r - hQ cxl5 � S I S s �s C(?�s cG o Dp 76�4 5 3.The amount of relief requested is not substantial because: If fS � VyjWI of ( Sty �-o Pft,o C-0.A � � bec��a� 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ))dd[� 4-D �tv� �'� rer�v� �►� wok h crn 1� L I8 �, � 5.Has the alleged difficulty been self created? { } Yes,or W No Why: _rr 71�►eX 15 TW I b l�✓ n (N[ 1 ► S s my�� �'oi^c VVL3 Are there any Covenants or Restrictionsconce is land? No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and equate, nd at the same time preserve and protect the character of the neighborhood and the health, fety an welfare of the community. Si ature of Applicant or Authorized Agent n (A ent must submit written Authorization from Owner) Sworn to before me this 20 day of —'-2-0-1 gt ATE°�"t, Danielle C Anderson !NOTARY Notary Public,State of New York Notary Public }*; --- t* . No OUN6325159 PUBLIC Qualified in Suffolk County Conun6sion Expires 5/18/20. _,PPLICANT'S PROJECT DESCRIP7e,-�.N r APPLICANT: &i✓3 � ��1'1� �L�r DATE PREPARED: � r 2J 1-7 1.For Demolition of Existing Building Areas RECEIVED '1,'®1 W Please describe areas being removed: V II IRR 212617 17 S II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: t©)( 20 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: No M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Num'er f Floors and G eral har cter'sres BEFORE Alterations: i Flaw -+ ri fi r�� 74 ffi e. Number of Floors and Changes WITH Alterations: i f1mor- w&dvd toA10imC IV. Calculations of building areas and lot coverage(from surveyor): _ Existing square footage of buildings on your property: 1905 S P Proposed increase of building coverage: ZOO S Square footage of your lot: Z ( 61 O 5 Percentage of coverage of your lot by building area: O V.Purpose of New Construcd tio , -h e �d � �i VI.Please describe the land contours (flat,slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty ineeting the code requirement(s): Ei6T Please sub it 8 sets f photos,labeled to show different angles of yard areas after staking corners for new cons tion d photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION APR 2 12017 A. Is the subject premis listed on the real estate market for sale? Yes No BONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? K Is No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? �-- 3.)Is the property bulk headed between the wetlands area and the upland building area? 140 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? "® E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? WO Please show area of the structures on a diagram if any exist or state none on the above line. i F. Do you have any construction taking place at this time concerning your premises? ►VCS 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? NO If yes,please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel toe 111 and the proposed use l[ 4 cISS& (ex-existing smgle amfly,proposed:same with garNooler) Aut rized sl re an Date APR 21 2®p AGRICULTURAL DATA STATEMENT 20I1ING BOARD OF App„AL,, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, siteplan approval,use variance, area variance or subdivision approval 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: 6 A-41,1j” �-1 2. Address of Applicant: S es l 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed I- n Project: IDX 20 �c�c�y6� rD �X/S pt tl 6. Location of Property: (road and Tax map number) f DLII- 4 l - b 1 - d 3 7. Is the parcel within 500 feet of a farm operation? { } Yes {o 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. (P ase use the ack f this page if there are additional property owners) 15- Signal of Appli �-v S 7 fi �� 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. RECEIVED 617.20 'DZ Appendix B APR 2 12017 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part l -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 l based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project. Gly '� o � " 9 Project Location(describe,and attach a location map): Brief Description of Proposed Action: ! 1'0 �� /�cILJ� CXIis Name of Applicant or Sponsor: Telephone: 6-j?)— ,U-05epE-Mail: JOSS Addres1 City/PO: SOV- I� v I State� Zip CQ V 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: x 3.a.Total acreage of the site of the proposed action? acres 1 b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Y,Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑ Parkland Page l of 4 RECEIVED 5. Is the proposed action, APR 21 2017NO YES N/A a.A permitted use under the zoning regulations? ®,11I' b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS x 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? IV 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 X b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? �( b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: \ t, asw fi•'i: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? /X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, y a.Will storm water discharges flow to adjacent properties? 1r NO 11 YES ✓` b.Will storm water discharges be directed to established conveyance systems(ru ffand storm drains)? If Yes,briefly describe: TNO❑YES s Page 2 of 4 18.Does the proposed action include construction or other activities that result in thRftffWff$'ment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? /���� If Yes,explain purpose and size: PR 2 � 2012 t 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM TH HE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE T � r- _ Applicant/sponsor n �i q5 e � h S G e !�� Date: 3A4L-4; Signature: Part 2-Impact Assessor nt. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate .et'• ,,Cp. .,w .. _ J - 11 'J :.7.j e ,.°'' .S.R+.F.I-p f,: -,_- -� ?,�- __- ,;..,�. tF;�•,;,'��-.Lfi- small to large y '' <' :,,y _ -'r'• 7•'�`'.t,.ro r: impact impact ;' 1 _ ', - -_ ;4�''• :r:,1 t ;rY, may may .r,;f+; ;.'!� _ •� ,f., :c,• `.'r: ,•'- t^•:�_�ka'..:.,;5.�x ,.<"<'; OCCUr OCCllr 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large 9'. impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and �(A (,y cumulative impacts. le RECEIVED APR 2 12017 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED APR 21 20W APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF AppBALS 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 •(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. �( YES NO / \ If No,sign and date below.If YES,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant; or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted is 2,4 day of P046A20. 1 Signature Print Name RECEIVED AGENT/REPRESENTATIVE APR 2 12017 TRANSACTIONAL DISCLOSURE FORM qRp PPLS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and®mployeeees.Ttieyuruoss 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 : -0 h ' (bast name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(o' employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) L A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thi d o 201j_Signature Print e APR 2017 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING 130ARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose_ of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : f I (Last name,first name,middle initial,unless yed are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Building Permit Tax grievance Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 51/6 of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP r Submitted this d ,20jj_ Signature Print Name �+ -10-76 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM APR 21 209 A. INSTRUCTIONS 7ZONING BOARD OF APPEALS 11 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 141 - 01 - 0 3 The Application has been submitted to(check appropriate response): Town Board E Planning Dept. E 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) E (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license, certification: Nature and extent of action: Location of action: k Y4 1A' '`04 RECEIVED Site acreage: APR Present land use: ZONING BOARD OF APPEALS Present zoning classification: 24d 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant. (b) Mailing address: (c) Telephone number:Area Code (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 4 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes No ❑ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes IX No ❑ (Not Applicable—please explain) RECEIVED APR 2 12017 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) residing at ��S �� �''�'c` ��J �►` (Print prope wner's name) (Mailing Address) do hereby authorize -0,S, (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. ( is Signatur i. (Print O er's e) RECEIVE) FORM NO. 4 APR 2 12017 l` TOWN OF SOUTHOLD ZONING BOARD OF APPEAL BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRS''kRISTIHG CERTIFICATE OF OCCUPANCY No 8-25190 Date AUGUST •6, 1997, THIS CERTIFIES that the building -ONS FAMILY-DWELLIOG',. Location of Property, 1945, WESTPHAT•Tn ROAD ;X&TTITUCK;,:N.Y: House No. Street Harslet County Tax Map No. 1000 Section 141 Block 1 Lot . 3 Subdivision Filed Map No. Lot-No. conforms substantially to the Requirements fora One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which' CERTIFICATE`OF- OCCUPANCY NUMBER Z-25190 dated AUGUST`6, 1997 was issued, and conforms to all of the requirements:of the applicable provisions of the law. The occupancy for which this certificate id', issued is ONE FARMY DWELLING_WITH ACCESSORY BARN & 2 WOODySHSDS,*. The certificate is issued to VIRGINIA 'C: ARI1iRUST a OBS. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A + PLUMBERS CERTIFICATION DATED N/A *PLEASE SHE ATTACHED INSPECTION REPORT. Building Inepe5p6r ; Rev. 1/81 ,f Town of Southold Annex 1/24/2014 P.O.Box 1179 RECEIVED ` 54375 Main Road Southold,New York 11971 A P R �09� * { ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: — 36662 Date: 1/24/2014 THIS CERTIFIES that the building SOLAR PANEL Location of Property: 19445 Westphalia Rd,Mattituck, SCTM#: 473889 Sec/Block/Lot: 141.4-3 Subdivision: Filed Map No. _ Lot No. - conforms substantially to the Application for Building Permit heretofore filed in this officed dated 7/25/2012 pursuant to which Building permit No. 37423 dated 8/6/2012 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for — which this certificate is issued is: roof mounted solar panels on existing accessory bam as applied for. The certificate is issued to Heeg,Gia&Heeg,John (OWNER) of the aforesaid building. 'SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. _ 37423 9/26/12 PLUMBERS CERTIFICATION DATED Authorized Signatwe FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT• RPR Office of the Building-Inspector Town Hall ®NI%G aOARD OF Appv'U� Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32836 Dates' 01Y17/08 THIS CMMFYBS that the building ADDITION & ALTERATION Location of Property: 1945 WESTPHALIA RD MATTITUCR (HOUSE NO.) (STREET) (HAMLET) County Tag flop No. 473889 Section 141 Block 1 Lot, 3 Subdivision Filed !Flap No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 30, 2005 pursuant to which Building Permit No. 31294-Z dated JULY 20, 2065 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION & INTERIOR ALTERATION TO AN EXISTING SINGLE FAkiLY'DWELLING AS APPLIED FOR. The certificate is issued to JOHN & GIA HEEG (OWNER) of the aforesaid building. SM OLR COUNTr DEPARMW OF HWM APPROVAL N/A r RLEC TCAL CIItTIFICATE NO. 07-7978 12/05/07 PLUMBERS FICATICN DATED 12/1S/0 PHOTNIX PLUMBING a HEAT. Auiffiorized Signature Rev. 1/81 y?.1{.� 1tM �Y�' F"Lr'�'t. � + •�'�1 'i°� a � ��e } =N{r,. '�. Y 1�@� ',� r i TOWN OF SQYTHOLD- PROPERTY 'RECORD CARD OWNER STREET, BdVILLAGE.' DIST SUB." LOT Le FORMER OW-4ER N t E ACR T. S W a TYPE OF BUILDING -f P ©�-'?� r J13�, , ;ESSEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS %- 4 6)e 0 Ole) j AA e/n&A-r- L i Yd 6 Ap %A- 4 t1a 6 yu 24 :6 )rg g goo IYO00 Ll goo Y/ .31off 1/-451 6 - L I a 1 IP7,0100 - PUOW 4v pp-enp-(,/ 00 7- --------- C) 7 WAn4601116A +Q11?1(A6Y)S ,-,7 09 405 P,),P* 31ioN Zny'S AGE BUILDING CONDITION Jjtol- &A FiMw alk-141 Glen- E54-heA' sWel, NEW NORMAL BELOW ABOVE 1 -7han — )—I a5a=79 -ID FARM Acre Value Per Value I I Acre XM- so(6,r kow e-, Tillawe 1 114 Ga-fa—N= Tillable 2 Tillable 3 Noodland -_-r c Swampland FRONTAGE ON WATER os 3rushland FRONTAGE ON ROAD ,Housg Plot ' 57 6700 DEPTH BULKHEAD Total 1/08 1 9®0 IDOCK lip ONE no' dammoommomm ON MrFvW ■ mom OEM ME mom mommummomm■ME No ONE 0 Emmom■MINEM■mom MEMEM "NFA Malm■M 2zlimman mom MEMO YINNIE-00 ME ONE M NOME■MEN■ENE ENE MOEN MENN • IBM 00 Won Rooms 2nd Floo ,Wmx I _ J - QSoFOL�►�oG ELIZABETH A.NEVILLE,MMC may. y Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 e®i� Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ® �C Fax(631)765-6145 MARRIAGE OFFICER �� =�Q� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 24, 2017 RE: Zoning Appeal No. 7076 Transmitted herewith is Zoning Appeals No. 7076 for Gia&John Hees-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form,Agent/Representative Transactional Disclosure Forms, LWRP Consistency Assessment Form,Notices of Disapproval, Board of Zoning Appeals Application Authorization, Pre-Existing Certificate of Occupancy, Certificates of Occupancy, Photos, Property Record Card, 8x11 Copy of Survey, Survey, and Drawings. * * * RECEIPT * * * Date: 04/24/17 Receipt#: 218501 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7076 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#400 $1,000.00 John Fischetti Jr., Engineer Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Heeg, Gia 1945 Westphalia Rd Mattituck, NY 11952 Clerk ID: SABRINA Internal ID:7076 #0002110170 Ot— 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 weeks(s),successfully commencing on 08/31/2017 Principal Clerk Sworn to before me this day of 7CHRSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 VOb 105050 Qualified In Suffolk County My CommizMan bolres February 28.2020 TYPESET Mon Aug 28 15 29 10 EDT 2017 dwelling,at:1)less than the code required LEGAL NOTICE minimum front yard setback of 35 feet;at: SOUTHOLD TOWN ZONING BOARD 1305 Sigsbee Road, Mattituck, OF APPEALS SCTM#1000-144-2-6. THURSDAY,SEPTEMBER 7,2017 11:30 A.M.-MICHAEL HARKIN#7088- PUBLIC HEARINGS Request for a Variance under Article III, NOTICE IS HEREBY GIVEN,pursuant to Section 280-15 and the Building Inspec- Section 267 of the Town Law and Town Code tor's Renewed April 3,2017 and Amended Chapter 280(Zoning),Town of Southold,the April 3,2017 Notice of Disapproval based following public hearings will be held by the on an application for a permit to construct SOUTHOLD TOWN ZONING BOARD OF a new accessory hoop (rouse and farm APPEALS at the Town Hall, 53095 Main building, at: 1) proposed Troop house lo- Road,P.0 Box 1179, Southold,New York cated in other than the code required rear 11971-0959, on THURSDAY, SEPTEM- yard,2)proposed farm building not per- BER 7,2017. mitted on a residentially zoned parcel that 9:30 A.M.-BERNADETTE STRACHAN is not recognized as bona fide agricultural THE ESTATE OF STUART STRACHAN production,3)intent of use by design does AND KENNETH STRACHAN,JR.#7078 not constitute a permitted farm building; -Request for a Variance under Article HI, located at:6175 Sound Avenue,Mattituck, Section 280-14 and the Building Inspec- SCTM#1000-121-1-4.3. tor's March 24, 2017, Notice of Disap- 1:00 P.M. - NORTH FORK UNITED proval based on a proposed subdivision METHODIST CHURCH(CV)(RMB RE- application to legalize two unrecognized ALTY,LLC)#6936SE(Adj.from April 7, non-conforming lots;at:1)proposed resi- 2016) Request for Special Exception per dential lots having less than the required Code Section 28048B1, tine applicant is 200,000 sq. ft. in area; at: 310 Narrow requesting permission to construct and op- River Road,(Adj.to Orient Harbor)Ori- erate a house of worship and religious in- ent, NY. SCTM#1000-27-4-9.4 & struction,located at:43960 County Route 1000-27-4-9.5. 48(aka North Road)corner Horton Lane 9:45 A.M.-GEORGE F.LANDS#7081- Southold,NY.SCTM#1000-63-1-15 Request for a Variance under Article HI, 1:15 P.M.-JOHN HEEG AND GIA FIS- Section 280-15 and the Building Inspec- CHETTI HEEG #7075SE (Adjourned tor's April 13,2017,Notice of Disapproval from August 3,2017)-Applicants request a based on an application for a permit to Special Exception under Article III,Sec- construct an accessory garage, at: 1) lo- tion 280-13B(13).The Applicants are own- cated in other than the code required rear ers of subject property requesting a permit yard; at: 460 Horton Avenue,Mattituck, to make additions and alterations to and SCTM#1000-141-2-7. convert an existing accessory barn into an 10:00 A.M. - LISA AND CHARLES Accessory Apartment that exceeds the HOWARD#7083-Request for a Variance maximum 750 sq.ft.in livable floor area under Article HI,Section 280-15,Article and contains more than one permitted IV, Section 280-19, and the Building In- bathroom,at:1945 Westphalia Road,Mat- spector's April 26,2017,Notice of Disap- tituck,NY.SCTM#1000-141-1-3. proval based on an application for a permit 1:20 P.M.-JOHN HEEG AND GIA FIS- to construct an accessory in-ground swim- CHETTI HEEG #7076 (Adjourned from ming pool and a one story frame accessory August 3,2017)-Request for Variances un- pool house, at: 1) proposed in-ground der Article III,Section 280-15,Article IV, swimming pool located in other than the Section 280-19 and the Building Inspec- code required rear yard;2)proposed one^ tor's December 28, 2016, Amended Jan- story accessory pool house located in other uary 3,2017 Notice of Disapproval based than the code required rear yard;at:455 on an application for a permit to make North View Drive, Orient, NY. additions and alterations to and convert an SCTM#1000-13-1-9.2. existing accessory barn into an Accessory 10:30 A.M. - PATRICK AND LINDA Apartment,at 1)located less than the code 'KRAUS #7085 - Request for a Variance required minimum side yard setback of 15 under Article III,Section 280-15 and the feet; 2) proposed accessory structure ex- Building Inspector's May 8, 2017, ceeding the code permitted maximum 750 Amended May 30,2017 Notice of Disap- square feet in total size,at:1945 Westpha- proval based on an application for a permit lia Road,Mattituck,NY.SCTM#1000-141- to legalize an"as-built"accessory shed,at: 1-3. 1)located in other than the code required The Board of Appeals will hear all persons or rear yard; at: 1305 Sandy Beach Road, their representatives,desiring to be heard at Greenport,SCTM#1000-43-4-41. each hearing,and/or desiring to submit writ- 11:00 A.M. - CHELSEA WILSBERG- ten statements before the conclusion of each CHALONE #7094 —Request for a Vari- hearing Each hearing will not start earlier ance under Article XXIII,Section 280-124; than designated above Files are available for and the Building Inspector's June 19,2017, review during regular business hours and Notice of Disapproval based on an applica- prior to the day of the hearing If you have tion for a permit to construct additions and questions,please contact our office at,(631) alterations to an existing single family 765-1809, or by email KimF@ dwelling in conjunction with Building Per- southoldtownny gov mit No. 41688; at: 1) proposed additions Dated August 17,2017 less than the code requh ed minimum front ZONING BOARD OF APPEALS yard setback of 35 feet; at: 410 Cedar LESLIE KANES WEISMAN,CHAIRPER- Drive, Mattituck, NY. SCTM#1000-106- SON 10-20. BY Kim E Fuentes 11:15 A.M.-TRACY PECK AND DAVID 54375 Main Road(Office Location) CORBETT#7087-Request for a Variance 53095 Main Road(Mailing/USPS) under Article XXIII,Section 280-124 and PO Box 1179 the Building Inspector's May 8,2017 No- Southold,NY 11971-0959 tice of Disapproval based on an application 2110170 for a permit to construct additions and alterations to an existing single family r BOARD MEMBERSrq SOUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179- l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® A��O 54375 Main Road(at Youngs Avenue) Nicholas Planamento Comm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 3, 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, AUGUST 3, 2017: 11:30 A.M. - JOHN HEEG AND GIA FISCHETTI HEEG #7076 - Request for Variances under Article III, Section- 280-15,_ Article IV, Section 280-19 and the,:Building Inspector's December 28, 2016, Amended January 3, 2017 Notice of Disapproval based on an application for a permit to make additions and alterations to and convert an existing accessory barn into an Accessory Apartment, at 1) located less than the code required minimum side yard setback of 15 feet; 2) proposed accessory structure exceeding the code permitted maximum 750 square feet in total size, at: 1945 Westphalia Road, Mattituck, NY. SCTM#1000-141-1-3. 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.go-v- Dated: July 20, 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 QQ2097430 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 weeks(s),successfully commencing on 07/27/2017 Principal Clerk 6 Sworn to before me this day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My COnlfllIU10n Expires February 28,2020 AUG u42017 TOWN OF SOUTHOLD 4k -70-7� ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, ,j-DS E'P 6 I--):S'CJte ./ residing at New York, being duly sworn, deposes and says that: On the 1'2— da of ,20 r7I_personally mailed at the United States Post Office in (yt ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attachedLegal Notice in Prepaid envelopes addressed to current property own s hown on the current assessment roll verified from the official records on e with the Assessors, or( ) County Real Property Office for every property which a and i across a public or private street, or vehicular right-of-way of record, surroundin e applicant's pro erty. (Signature) Sworn to before me this day of 1-4.1 /y , 20 Dawn-Johnson X—2� Nvn� r8 Pubhc,State of New York • vusuo No 01106340053 ublic) �,, . ,, QuaHfied in Suffolk County �N `Commission Expires 10/11/ZO_. 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. MORE j • . • . Domestic Mail CERTIFIED MAIL6 RECE]PT Ln Domestic M�if 0 I � .- - - • -- H - - -. '� l �'"t "ATUfU61C f ,NY 1 Certified Mail Fee fU Certfffed Mall Fee �- 0971 $�.3� Ln $ $3.35 L �n $ lJT Extra SeN1ceS$Fees(check box,add tee !9 te) 14 { Extra SOrvICes&Fees(checkbox.add lee ❑Return Recelpt(hardcopy) $ f ❑Return Racal (py) $ i9 pt(hardco 1 [I Return Receipt(electronic) $ k, _ - ostrt�'IF1, f I� ❑Return Receipt(electronic) $_ , / D ❑Certified Mall Restricted Delivery $ lel ; � ❑Certified Mall Restricted Delivery $ '�'` 4/�ostmark �y ~ e 4/Here 1 O []Adult Signature Required $ Frr— es+ O ❑Adult Signature Required $ []Adult Signature Restricted Delivery$ ^AAs �, ® []Adult Signature Restricted Delivery$ `Y"•• 0 Postage V``�a✓ = Postage ®�j �V .n $ $0.70 na ! -D $ $1-1.70 IV C3 Total Postage and Fees f C3 Total Postage and Fees _ �/12/7i1 4 ul $ $6.80 V �. r $ -$6.80 Sent Ln Tent To— F�eBoxa M. Scaram � P w� N StreetandA7 Stref 1403 John M. Hussnatter ;---------- I diry City State Zli PO Box 693 ;---------- Mattituck, NY 11952 -- _ Mattituck, NY 11952 ' e im ® O . ■ Er • A. • Ca Q^ PIAT( ITLfCKf Yru `a I '� 1: g5�r � . h1ATTTTIlp Yl Certified Matl Fee - Y•:� ii G'=,.t � ;,x tii:kc •I 1f1� ' / ( 1 Cf-�2 rr^Aa $', fU Certified Mail Fee ( ' � . Ln ., 3_t 0971 � $3.35 Extra Services$Fees(check box,add tee e il4 V7 $ ,--j ❑Return Receipt(hardco $ are) Extra Services$Fees(checkbox,add tee c p� 0 ❑Return Receipt(electronic) $ I I-I ,-� ❑Return Receipt(hardcopy) $ Q ❑Cemfied Matl Restneted Delivery $_,,.- _ POstnt ❑Return Receipt(electronic) $ 0 ❑Adult Signature Required i"— � ❑Certified Mail Restricted Delivery Po mark- $ �•�• N $_$ir ® J ❑Adult Signature Restrictetl Delivery$ �'='•�rr1-r � ���' d ❑Adult Signature Required $ -r"; � HOtA' j 0 lif Postage ❑Adult Signature gesMcted Delivery$ �'r-r•�t'•� A Postage $ C3 $t_i,]ll eta 1 , �.� r) Total Postage and Fees $ $0-70l 7/1��i11 7 -` �; O Total Postage and Fees Sent To $ M1 Ln - $6.��1 _ George Armbrust �� ,°_�_� �"j � � Sen` Susan Mausarti - �- Sheer!ani --- 400 Oak Street Stiee 1865 Wes t - Crty,Stab �------- ______ i phal t s Road --------------- � Mattituck NY 11952 � —_-_Mattituck, NY 11952 ;--------------- u s - (Domestic o Postage c 0971 M r 04 I O Certified Fee $I I.1lil ®U,. p Return Reciept Fee �Post- (Endorsement Required) $17•l-lil t/�Here O Restricted Delivery Fee - N (Endorsement Requi cy� 01 C:: Total Postage&Fees i /12/ M $6 O SentT-- _ o Monica & James _Lessar ---------------- creel or PO PO Box 589 Matti tuck, NY 11952 --------------- :rt rr cam' ,E ,N I ;N ,C Gia And John Heeg Q`� Notices Sent 114-7-12.2 Monica&James Lessard PO Box 589 Mattituck, NY 141-1-2 Cecilia M. Scaramucci PO Box 1403 Mattituck,NY 14'-1-4 Susan Mausart 1865 Westphalia Road Mattituck 141-1-17 George W.Ambrust 400 Oak Street Mattituck,NY 141-1-18 John M. Hussnatter PO Box 693 Mattituck,NY sS1 BOARD CERTIFIED IN STRUCTURAL ENGINEERING JOSEPH@FISCHETTI.COM FISCHETTIENGINEERING.COM 631 -765-2954 1 725 H O B A R T ROAD S O U T H O L D , N E W YORK 1 1 97 1 TOWN OF SOUTHOLD -70-1 ZONING BOARD OF APPEALS p n SOUTHOLD,NEW YORK t� AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- r�I - 1 - 3 COUNTY OF SUFFOLK) STATE OF NEW YORK) qC)WA If hI, 6 C&46 residing at New York,being duly sworn, depose and say that: On the 2 6*r day of �, �� , 20f-7, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has re d in place for seven (7) days prior to the date of the subject hearing date, which harin date Zwasshow o-be—, (Signa e) Sworn to before me this Day of JL)�� , 201`7 Danielle C Anderson fNOTARY`+ 3 Notary Publie,State of New Yorlt *i �•� j* No 01AN6325159 • PUBLIC Qualified in Suffolk County (Notary Public) No ComudulonExpires5/18/201 * near the entrance or driveway entrance of my property, as the area most visible to passerby. , e e --.r, A Signa ufe ��i N Complete items 1,2,and 3. E3 Agent ^�� ■ Print your name and address on the reverse ❑Addressee v l/ so that we can return the card to you. g Re l i y(Pn Name) C pate of Delivery J ® Attach this card to the back of the mailpiece, - i or on the front if space permits. om item 1? El Fr D. del' if elow: [3 Noei J If er delivery a j Monica ame5e-Lessard P`�� PO Box 589 r. r Mattituck, NY 11952 e`Typa f JP ionty Mail BcpressO 1•'' „{' ' egistered Mailrm l II I IIIIII I'll III I II I II illi I II I I II Il II it I I II III a Ad S`lgnature Registered Mail Restricted ❑Adul f ure R. geli��ry Delivery ❑Certifie' fi� p Return Receiptfor 9590 9402 2662 6336 8193 67 q Certified ai l e t;�te��p�l erY Memhagdise e q Collecto[i Deli 13 Signature Confirmation";t ❑Collect on Delivery Restricted Delivery Q Signature CoOfrmat�on 2 Article Number(Transfer from service babel) Q Insured Mail Restricted Delivery , q Insured Mail Restricted Delivery 7.003, 050.0. 00.03 4344 0427 • nu (.ver • • Domestic Return'Receipt ITS PS Form 3811,1July 2013 PS0530-02-000-9053; e Sign tura i, ■ Complete items 1,2,and 3. 0 Agent f ■ Print your name and address on the reverse ❑Addressee J so that we can return the card to you. Recei by(P fed Na C. Date of Delivery ■ Attach this card to the back of the mailpiece, + / 1 or on the front if space permits. + : ���cJ address different from item t? ❑Yes 1. Article Addressed to If Y r delivery address below: ❑No � C fig; �j dl9s, M 3. Service Ty ❑Priority Mail Express@ III p Adult Signa_ p Registered Mail Il I IIIIII Illi III 1111111111111111111 p Adult Sig td Restricted Delivery p Registered'Mad Restricted f� Delivery $ Hified Mail Restricted Delivery ❑Return Receipt for 9590 9402 2662 6336 8193 81 ieon ail ery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature confirmationTMi i., ,ed Mad ❑Signature Confirmation Article Number(Transfer from service label Restricted Delivery - d Mail Restricted Delivery ' :7015 0640 ;00;01 t 5425 8947 $500) Domestic Return Receipt PS Form 3811,'July 2015 PSNf7530-02-000-90531 e e e • ■ nature ■ Complete items 1,2,and 3. gent ■ Print your name and address on the reverse X ❑addressee so that we can return the card to you. g Receiv d (PPinfed Name) C. bate or elivery ■ Attach this card to the back of the mailpiece, `7 or on the front if space permits. i _ �_ i D. Is delivery address different from item t? l—Yes t If YES,enter delivery address below: ❑No Susan Mausart, 1965 Westphalia Road Mattituck, NY 11952 I — � Service Type ❑Pnonty Mail F�cpress® t Il I IIIIII Illi III 111111111, IIlIIIIII IIIIIIIllIll II I II III ElAdult Signature ❑Registered Ma1IT" p Adult Signature Restricted Delivery q Registered Mad Restricted ❑Certified Mad@ Delivery 4 9590 9402 2662 6336 8193 43 ❑Certified Mad Restricted Delivery p Return Receipt for, ❑collect on Delivery Merchandise , Ei Collect on Delivery Restricted Delivery 0 Sidnature Confirmation'"' Insured Mad Q.Signature Confirmation q __2—Artiele_Numberllransfer_fmm servlcaJahall .•Restd4ted,De1'very 7 015 0640 0001 5425 8 916 dnsured Mail Restricted,Delivery , —'(over$50D) �,. '� pomestic•Rettarn,Receipt Ps:Form 3811,July 2015?P•SN 7530=02-000-9053; ■ Complete items 1,2,and 3. A. Si nature ■ Print your name and address on the reverse rgent .� so that we can return the card to you. 0 Addressee ■ Attach-this card to the back of the mailpiece, 4;Klved by inted Name) C. Date of/bell pry or on the front if space permits. -7 ( Ari 1'-- D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: 0 No Cecilia M. Scaramucci v= PO_ Box 1403 .-Mattituck, NY 11952 3.III 111111 IIII III I II II����I II ��II II I I I I El Service Type ❑RPriorityegistered Mail allTm ssC� I ❑Adult Signature ❑Registered MaIITM^ ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2662 6336 8193 50 El Certified Mail@ Delivery ❑Certified Mail Rgstricted Delivery ❑Return Receipt for El Collect on Delivery Merchandise 2. Article Number(Transfer from service label)_ _ R Collect on Delivery Restricted Delivery ❑Signature Confirmat(onTM cured Mail CI Signature Confirrnation 7 015 0640 0001 5425 8954 sured Mail Restricted Delivery Restricted DeWrery ver$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X j �G,/ ❑Agent so that we can return the card to you. 'mss 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printe Nam C. Date of Delivery I or on the front if space permits. c �� 'D. Is d hvery-address different from item 1? 0 Yes -�_fXFQ&eRdelivvery address below: ❑No � ---George rust ® JO-�:'400 Oak SU'2 Mattituck, NY 1192,5 I _ et II I I IIII IIII III I II I II IIII I II I I II I III i IIII III 3. dO_ cg�pe ure ❑Priority Mail gllTM ssO ❑Ad ignafure ", '" ❑Registered MaiIT"' d Ad ignature Restricted del'ery ❑Registered Mad Restricted 9590 9402 2662 6336 8193 36 P Cejtfied Madq l,,l �/@9 Delivery V0111 tified Mad hestnpt�efi ivery ❑Return Receipt for � Merchandise 2. Article Number(Transfer from service label) PbrfDefi estncted Delivery El Signature Confirmation'^ -"- - -- - `-`--' -" 9 insured Mad ❑Signature Confirrpation 7 015 0640 0001 5425 8930 ?Insured nsu(over d ail Restricted Delivery Restricted Delivery } Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt TYPESET. Mon Jul 24 15.34 11 EDT 2017 tion 280-116 A&B;and the Building In- LEGAL NOTICE spector's February 17, 2017, Amended SOUTHOLD TOWN ZONING BOARD April 3,2017,April 20,2017 and June 23, OF APPEALS 2017 Notice of Disapproval based on an THURSDAY,AUGUST 3,2017 application for a permit to construct addi- PUBLIC HEARINGS tions and alterations to an existing single NOTICEISHEREBYGIVEN,pursuantto family dwelling and to construct an in- Section 267 of the Town Law and Town Code ground swimming pool,at:1)proposed ac- Chapter 280(Zoning),Town of Southold,the cessory structure is located in other than following public hearings will be held by the the code required rear yard;2) proposed SOUTHOLD TOWN ZONING BOARD OF construction located less than the code re- APPEALS at the Town Hall, 53095 Main quired 100 feet from the top of bluff;lo- Road, PO Box 1179, Southold,New York cated; at: 4800 Paradise Point Road, 11971-0959,on THURSDAY,AUGUST 3, Southold,NY.SCTM#1000-81-3-3. 2017. 11:15 A.M.-JOHN HEEG AND GIA FIS- 9:30 A.M - DIMITRIOS ANTONIADIS CHETTI HEEG#7075SE-Applicants re- #7068-Request for a Variance under Arti- questa Special Exception under Article III, cle XXII,Section 280-116 and the Building Section 280-13B(13). The Applicants are Inspector's March 15,2017,Notice of Dis- owners of subject property requesting a approval based on an application for a per- permit to make additions and alterations to mit to construct additions and alterations and convert an existing accessory barn into to an existing single family dwelling,at:1) an Accessory Apartment that exceeds the located less than the code required 100 feet maximum 750 sq.ft.in livable floor area from the top of the bluff;at:3300 North and contains more than one permitted Sea Drive, (Adj. to Long Island Sound) bathroom,at:1945 Westphalia Road,Mat- Orient,NY.SCTM#1000-15-1-4. tituck,NY.SCTM#1000-141-1-3. 9:40 A.M.LOU PAGNUTTI#7069-Re- 11:30 A.M. - JOHN HEEG AND GIA quest for Variances under Article XXIH, FISCHETTI HEEG #7076- Request for Section 280-124 and the Building Inspec- Variances under Article III, Section tor's March 30, 2017, Notice of Disap- 280-15,Article IV,Section 280-19 and the proval based on an application for a permit Building Inspector's December 28,2016, to construct additions and alterations to an Amended January 3,2017 Notice of Dis- existing single family dwelling, at: 1) lo- approval based on an application for a per- cated less than the code required minimum mit to make additions and alterations to side yard setback of 15 feet;2)located less and convert an existing accessory barn into than the code required total side yard set- an Accessory Apartment,at 1)located less back of 35 feet;at:57475 County Road 48, than the code required minimum side yard (Adj. to Long Island Sound) Greenport, setback of 15 feet;2) proposed accessory NY.SCTM#1000-44-2-5. structure exceeding the code permitted 10:15 A.M.-DESPINA GIANOPULOS maximum 750 square feet in total size,at: LANDERS/LANDERS FAMILY TRUST, 1945 Westphalia Road, Mattituck, NY. LLC#7072 Request for Variances under SCTM#1000-141-1-3. Article XXII,Section 280-116B and Article 1:00 P.M —SPORTS EAST PRIVATE XXIH, Section 280-124 and the Building MEMBERSHIP CLUB — PAUL PAW- Inspector's April 10,2017,Amended June LOWSKI#7091-Request for an interpre- 9,2017 Notice of Disapproval based on an tation,pursuant to Article XXVI, § 280- application for a permit to construct addi- 146D of the Town Code,in response to the tions and alterations and to legalize an"as Building Inspector's April 26,2017 Notice built"deck addition to an existing single of Disapproval that the proposed use,as family dwelling,at:1)located less than the applied for,is not a permitted use in the code required minimum front yard setback R-80 Zoning District pursuant to the Zon- of 35 feet, 2) located less than the code ing Board of Appeals Code Interpretation required minimum rear yard setback of 35 #6976; located, at: 9300 NYS Route 25, feet,3)located less than the code required Mattituck,NY.SCTM#1000-122-7-9. minimum side yard setback of 10 feet,4) The Board of Appeals will hear all persons more than the code permitted maximum or their representatives,desiring to be heard at lot coverage of 20%; at: 5705 Stillwater each hearing,and/or desiring to submit writ- Avenue,(Adjacent to Eugene's Creek)Cut- ten statements before the conclusion of each chogue,NY.SCTM#1000-137-4-4. hearing Each hearing will not start earlier 10:30 A.M.-THOMAS PILESKI#7073 than designated above.Files are available for -Request for a Variance under Article IH, review during regular business hours and Section 280-15 and the Building Inspec- prior to the day of the hearing.If you have tor's April 13,2017 Notice of Disapproval questions,please contact our office at,(63 1) based on an application for a permit to 765-1809, or by email- KimF@ construct an accessory garage,at: 1)pro- southoldtownnygov posed accessory garage exceeding the code Dated July 20,2017 permitted maximum 750 square feet in to- ZONING BOARD OF APPEALS tal size;at: 1250 Elijahs Lane,Mattituck, LESLIE KANES WEISMAN,CHAIRPER- NY.SCTM#1000-108-3-5.11. SON 10:45 A.M.-JENNIFER PLACE#7074 BY:Kim E Fuentes - Request for a Variance under Article 54375 Main Road(Office Location) XXIH, Section 280-124 and and the 53095 Main Road(Mailing/USPS) Building Inspector's March 1, 2017, PO Box 1179 Amended March 17,2017 Notice of Disap- Southold,NY 11971-0959 proval based on an application for a permit 2097430 to construct additions and alterations to an existing single family dwelling, at: 1) lo- cated less than the code required minimum rear yard setback of 35 feet;at:750 Liberty Lane,Southold,NY.SCTM#1000-79-6-27. 11:00 A.M.-SERENITY IN PARADISE #7077-Request for Variances under Arti- cle III,Section 280-15;Article XXII,Sec- ZONING BOARD OF APPEAL%- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 10, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, August 3, 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 July 17th: 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 July 24th: 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 July 26th: 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 August 1, 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 Encls. �+IuTIGE UwF HEARINt� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : HEEG , GIA JOHN # 7076 SCTM # : 1 000 - 1 41 - 1 -3 VARIANCE : YARD SETBACK I E REQUEST: ADDITIONS & ALTERATIONS TO BARN DATE : THURS . , AUG . 312017 11 : :$(? AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERSSOF SUSouthold Town Hall Ury Leslie Kanes Weisman,Chairperson �• 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes N Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 TO: SOUTHOLD TOWN BUILDING DEPARTMENT RE: VERIFICATION OF LIVABLE FLOOR AREA Special Exception Application to establish an accessory apartment in an accessory structure ZBA Application No.: #7075SE &7076 HEEL, John &Gia Date sent to Building: 9/8/17 Pursuant to Town Board Resolution No. 2011-353, effective April 26, 2011, the Office of the Zoning Board of Appeals is forwarding the above referenced application for verification of the livable floor area, per code Section 280-4, to be returned to this office within 14 days of receipt. FOR BUILDING DEPARTMENT USE Our office has reviewed the following documents provided in the above referenced application: Based upon the information listed above The livable floor area is determined to be square feet and is conforming to Section 280-13B (13) (a) of the code The livable floor area is determined to be square feet and is not allowed pursuant to Section 280-13B(13)(a) of the code which states: "The accessory structure shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area..." The livable floor area cannot be verified. COMMENTS: Signature of reviewer Date, Adopted by the Board of Appeals:May 18,2011 BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �* y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yCOUNTi Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 September 25, 2017 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA Appeal Nos. 7075 SE and 7076 John and Gia Heeg (Fischetti) SCTM No. 1000-141-1-3 Dear Mrs. Moore; Enclosed is a copy of the Zoning Board's September 21, 2017 determination filed today with the Town Clerk regarding your applications. Sincerely, Kim E. 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