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HomeMy WebLinkAbout7085 e� I - 4 e a i CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for prior y n D O ) Assign next number on lil CL CD outside of file folder `� N ( ) Date stamp entire origin o m .. file number ( ) Hole punch entire origin 3 X o m o � z � W (before sending to T.C.) v � CD . � -o � ( ) Create new index card m Cn w 0 o ( ) CL Print contact info & tape - � � .< ( ) Prepare transmittal to Tc;- 0 N C77 ( ) X co Send original application 0 to Town Clerk C( CO a ( ) Note inside file folder w/ (Q j and tape to inside of fold' w ( ) Copy County Tax Map; hij , 60 neighbors and AG lots ( ) Make 7 copies and put wi Q ( ) Do mailing label 0 c cn z5�1247 ll? BOARD MEMBERS if $®(/j Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �® ® a® 54375 Main Road(at Youngs Avenue) Nicholas Planamento l/yc®U Southold,NY 11971 http://southoldtownny.gov R EC E I V€D ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - SEP 22T" Tel.(631)765-1809•Fax(631)765-9064 (� outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 21,2017 ZBA FILE: 7085 NAME OF APPLICANT: Patrick and Linda Kraus PROPERTY LOCATION: 1305 Sandy Beach Road,Greenport,NY 11944 SCTM: 1000-43-4-41 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated-June 9, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 is a rectangular, non-conforming 7,405 square feet residential lot located in the R40 Zone and measures 75 feet on Sandy Beach Road with a northern lot line of 101.91 feet shared with a residence and second road frontage of 75 feet on Bay Road with a southern lot line of 101.91 feet shared with a second residence. The lot is improved with a single story, seasonal duplex cottage and an accessory shed measuring 8 feet by 10 feet as shown on the site plan by Matthew B. Sherman of Sherman Engineering & Consultation, P.A., and dated March 15, 2017 based on a survey of the subject property by Roderick van Tyull PC, dated November 22, 2008 BASIS OF APPLICATION: Request for a Variance under Article III, Section 280-15 and the Building Inspector's May 8, 2017, Amended May 30, 2017 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory shed,_at: 1) located in other than the code required rear yard; at: 1305 Sandy Beach Road, Greenport, SCTM#1000-43-4-41. RELIEF REQUESTED: The applicant requests a variance for an as-built accessory shed, measuring 8 feet by 10 feet and 102 inches in height, located in the side yard where the Code requires accessory structures to be located in the rear-yard. ADDITIONAL INFORMATION: No immediate neighbors or Town residents spoke at the public hearing in support of or against the application. The applicant indicated that while he understands the Code,he is seeking this variance as a result of having two front yards and no rear yard. The request is for the replacement of a shed that r Page 2, September 21, 2017 #7085, Kraus SCTM No. 1000-43-4-41 had been at the proposed location for years allowing previous owner's to store landscaping and yard maintenance equipment. Visible from the road, the owner also has a small plastic storage container for household garbage on the opposite side of the cottage. He indicated that the cottage is very small and offers little to no storage to meet basic needs. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 7,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Sandy Beach Road and Bay Road are tertiary streets leading to and from a predominantly seasonal or second home waterfront community of varying lot and house sizes and styles, the majority of which were developed and built prior to zoning. Although the proposed non-conforming location of the replacement of an `as built' shed is generally not characteristic of this neighborhood, the subject shed has been there for many years without compliant or issue, and an immediate neighbor also has a shed in a non-conforming location as a result of two front yards. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Because the applicant has two front yards and no rear yard an area variance will be required for the placement of any accessory structure. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, as a result of having two front yards and no rear yard to locate an accessory shed in, the Town is recognizing a structure that has been there for many years without complaint or issue. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law V67-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 "as built" accessory shed measuring 8 feet by 10 feet and 102 inches in height while preserving and protecting the character of the neighborhood and the health,, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the survey and site plan prepared by Matthew B. Sherman of Sherman Engineering&Consulting,P.A., and dated March 15, 2017. Page 3, September 21, 2017 #7085, Kraus SCTM No. 1000-43-4-41 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B), of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Weisman (Chairperson),Dantes, Planamento, Acampora and Goehringer. This Resolution was dul adopted(5-0). C' Lai, Leslie Kan s Weisman Chairperson Approved for filing / ).x/2017 Bq Y ROAD �.3 0 0 Q 0 S83'15'E 101.91' z 41. co O SINGLE STORY m ::9 DUPLEX > N mD "p O o o J Ln e, 8'x10' SHED O to' 3 N83.15'W N 101.91, �- � SE SITE PLAN APPROXIMATED BASED ON SURVEY OF PROPERTY BY RODERICK VAN TYULL PC f 1-22-8 /]�n A S SCALE 1:20 ( �J FINAL MAP RECEIVED REVIEWED BY ZBA MAY 10 2017 SEE DECISION # 7()K ZONING BOARD OF APPEALS DATED °� l Al l o2on r 1_ Loeb KRAteot PROPOSED SHED O3.1S.n ISSUED FOR OWNER RENEW 0 17 KRAUS PROPERTY SCALE: AS NOTED • SHERMAN ENGINEERING 1305 SANDY BEACH ROAD &CONSULTING P.A. DRAWING NUMBER GREENPORT NY SEC� '°ErrUa�tNF. CIRCLE � � �~C• 1 DRAWING. SITE PLAN DRAWN BY 631.831.3872: MSS CHECKED BY' SECPC �+��a r ro*` 13D 5ANDY 5E-AC. WD 102 >. F"NT VIEW 51i�� Vl� tiJ z H D e� � o � rra sivgddV-40 OVOG 9NINOZ p oil ff, 1794 t. `�1 1 'Q 4' I r D IV COUNTY OF SUFFOLK -at, 6N01-A RECEIVED -to6 JUN 15 2017 a 20NTNG BOARD OF APPEALS c1K ��(��i`� Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment June 9, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Watroba, Roman(Country Car Wash) #7082 SE Howard, Charles &Lisa #7083 Watroba,Roman(Country Car Wash) #7084 Kraus, Patrick&Linda #7085 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 r t FORM NO. 3 ® b5 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 31, 2017 RENEWED: May 8, 2017 AMENDED: May 30, 2017 TO: Patrick& Linda Kraus PO Box 711 Shelter Island,NY 11964 Please take notice that your application dated January 26, 2017: For permit to legalize as-built accessory at: Location of property: 1305 Sandy Beach Road, Greenport,NY County Tax Map No. 1000 - Section 43 Block 4 Lot 41 Is returned herewith and disapproved on the following grounds: The as-built accessory shed on this nonconforming::L7,405.2 sq. ft. lot in the Residential R-40 District is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The shed is located in the side yard. Authorize ignat Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. FORM NO. 3 TOWN OF SOUTHOLD � R CEIVED BUILDING DEPARTMENT MAY 10 2017 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOARD OF APPEALS DATE: January 31, 2017 RENEWED: May 8, 2017 TO: Patrick&Linda Kraus PO Box 711 Shelter Island,NY 11964 Please take notice that your application dated January 26, 2017: For permit to legalize as-built accessory at: Location of property: 1305 Sandy Beach Road, Greenport,NY County Tax Map No. 1000 - Section 43 Block 4 Lot 41 Is returned herewith and disapproved on the following grounds: The as-built accessory shed, on this nonconforming±7,405.2 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The shed is located in the front yard. Authorized*Yiature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: tile,Z.B.A. AA > I I opj/" FORM NO. 3 RECEIVEfD TOWN OF SOUTHOLD MAY 10 2017 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: January 31, 2017 TO: Patrick& Linda Kraus PO Box 711 Shelter Island,NY 11964 Please take notice that your application dated January 26, 2017: For permit to legalize as-built accessory shed at: Location of property: 1305 Sandy Beach Road, Greenport,NY County Tax Map No. 1000 - Section 43 Block 4 Lot 41 Is returned herewith and disapproved on the following grounds: The as-built accessory shed, on this nonconforming±7,405.2 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear yard. The shed is located in the shed is located in the front Authorized ture Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVE[ Fee-$ Filed By: Assignment No. A\ 1 0 2017 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAM BOARD OF APPEALS _- yy AREA VARIANCE House No.�� Street SHIN &r.,d Hamlet QQSI oft SCTM 1000 Section q 3 BlockA-Lot(s) Lot Size 6J'Z Zone 2-I I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owners • Pwtc c Mailing Address: VO !�00 Telephone:6°31 S%346 Fax: Email: Ma, v C Y— NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY IDE,BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAIXDATEDrI and DENIED AN APPLICATION DATED 6131111 FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 111 Section: i b® Subsection: / S Type of Appeal. An Appeal is made for: (� A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Ot r A prior appeal ( ) has, 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# Name of Owner: ZBA File# 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: Via- 15 .0 UrAftun 'S ke'k 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: -VW- ProPTly 4.�S x t `1 5 C Sam c)(\ 3.The amount of relief requested is not substantial because: ev"Om V\,s Sties 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in t „�Os, neighborhood or district because: 'l Q V ef"0()C � S-�'eJ-5 RECErVED MAY 10 2017 5.Has the alleged difficulty been self created? { } Yes,or"No Why: ZONING BOARD OF APPEALS Are there any Covenants or Restrictions concerning this land? �4 No {} Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authoi-144d Agent (Agent must submit written Authorization from Owner) Swom to before me this I day of 20j_j_ Notary Pubhof TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW630690o QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2PI2 APPLICANT'S PROJECT DESCRIP,1,riN APPLICANT: �G `I1�c� �('(�.�s DATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: BpBI�I WAY 17 A 9nl? H.New Construction Areas (New Dwelling or New Additions/Extensions): 40IVING BOARD pFAPpBALB Dimensions of first floor extension: ,�C Dimensions of new second floor: Dimensions of floor above second level: _ IV/A Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: �^ Number of Floors and General Characteristics BEFORE Alterations: $� x / C Number of Floors and Changes WITH Alterations: J IV. Calculations of building areas and lot coverage(from surveyor): Existing-square-footageofbuildings on your property: J40 Proposed increase of building coverage: Square footage of your lot: $'7 5. e Percentage of coverage of your lot by building area: A.B a V.Purpose of New Construction: 4 CONSfiI^yL� VI.Please describe the land contours (flat,slope %, heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): t Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? MAY 10 2017 Yes �No 7_ONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? �No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? (//!k 3.)Is the property bulk headed between the wetlands area and the upland building area? (� 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? (1 D 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? ("\,0 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? (f ,b Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?_ If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: CQMo� V— �tj, S G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ��S t �6 and the proposed use (ex existing single family,proposed same with garage,pool or other) Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: VGzw,- ,�- U�,, 2. Address of Applicant:g,, "1 sS — P,��r (�? 1V `t 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: Yo T�,,o V2 6:-rckA k R4CA 5. Description o Proposed Project: Ki>1c1L c3` 1�k0-k 6. Location of Property: (road and Tax map number) I3 SS �&,rt, . `q 0 7. Is the parcel within 500 feet of a farm operation? { } Yes WNo 8. Is this parcel actively farmed? { } Yes �t 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 ell, (765-1937)or from the Real Property Tax Office located in Riverhead. -3®O`5 pf NAME and ADDRESS Afflole 1. REcr=lvEu 2. MAN' 0 2017 3. 4. ZONING BOARD OF APPEALS 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for 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 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I -Project and Sponsor Information Name of Action or Project: %,e-k Project Location(describe,and attach a location map): RECEIVE® 5a11�_ 54MQ 9ee-kVA. Brief Description of Proposed Action: Mg � � Z i►i ZONING BOARD OF APPEAL Name of Applicant or Sponsor: Telephone: if 3Ct � / E-Mail: tctc Cl .5 ' /t?ltii l Address: 1-3 0 5- 3e.—Ck RA- City/PO: State: Zip Code: Keen "ram �-f_ V6 49 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: c IV 3.a.Total acreage of the site of the proposed action? 17 acres b.Total acreage to be physically disturbed? aere - c.Total acreage(project site and any contiguous properties)owned ?'V or controlled by the applicant or project sponsor? 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ,'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Pagel of 4 5. Is the proposed action, RECEIVED NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? Y Z017 6. Is the proposed action consistent with the predominant character of the existing bu"L'1tt o NO YES landscape? ZONING BOARD OF At'96 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: % 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? *<7 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES � If No,describe method for providing potable water: 1 l d (w.E� (T� n cces S�frJ y C C'-_5 6.(!'k. 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? �o b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: y 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? 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, 11< a.Will storm water discharges flow to adjacent properties? �NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE G Applicant/sponsor n e: �G�" ��,� Date: Signature: a Part 2-Impact Assessment. The Lead Agency is responsible for the complM�iopj rt 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials su mitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer shoudi�e- aided by the concept"Have my responses been reasonable considering the scale and context of the proposedla�ction?" _5 _< :ZON11�4 ? x: E' No or Moderate small to large impact impact f:,' > •, may may •iw, ✓S occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the C establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or t 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, ,•y waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact A,< •: may may 1; ,.f'•„=i.>r occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED M:AY 10 2017 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. Nil, Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/ WNER TRANSACTIONAL DIS OS E FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. .9 YOUR NAME : IQ� i '1 Cv/f I , C_ (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person'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) l t 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 RECEIVED D)the actual applicant MAY 10 2017 DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this day of ,20 Signature Print Name lrC C Board of Zoning Anneals Application AUTHORIZATION (Where the Applicant is not the Owner) I, ''k,- t residing at 13 0�- (Print property owner's name) (Mailing Address) -I-4,/VY M4�151' do hereby authorize Lim el(�- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. , Z:7 RECEIVED (Owner's Signature) MAY 10 Z017 ZONING BOARD OF APPEALS (Print Owner's Name) Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planningtment, all local libraries and the Town Clerk's office. 401007 B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVED SCTM# _-�- fgY 10 2017 The Application has been submitted to(check appropriate response): ZOIVING BOARD OF APPEALS Town Board 0 Planning Dept. 0 Building Dept. E Board of Trustees 0 I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g.capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: Q �t�0� � �c� '� c ��e� Location of action: Sc �— �j e�� iz.-, C eehe ;ky Owy Site acreage: Present land use: Present zoning classification: A-S UG-4,cq'A 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: uy',r :ct (b) Mailing address: 4;- y- PD&.�o (c) Telephone number:Area Code( �'S 1) J 3-1. 3T-8< (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency� &0 RECEIVE® Yes ❑ No If yes,which state or federal agency? P-01 MAY 10 2017 DEVELOPED COAST POLICY ZONING BOARD OF APPEALS Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable-please explain) FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT O Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED PRE EXISTING CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPF111_S No Z-23396 Date DECEMBER 8, 1994 THIS CERTIFIES that the building SEASONAL COTTAGE Location of Property 1305 SANDY BEACH ROAD GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 43 Block 4 Lot 41 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a Seasonal Cottage built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23396 dated 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 SEASONAL DUPLEX COTTAGE The certificate is issued to JULIAN & BERTHA FIEDLER (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION RKMRT. Building Inspector Rev. 1/81 BUILT DEPARTMENT 1 TOWN ur aOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 1305 SANDY BEACH ROAD GREENPORT, NEW YORK number 6 street municipality SUBDIVISION MAP NO_ LOT(s) NAME OF OWNER (s) JULLIAN 6 BERTHA FIEDLER OCCUPANCY SEASONAL DWELLING - 2 APARTMENTS type owner-tenant ADMITTED BY: JULIAN & BERTHAN FIEDLER ACCOMPANIED BY: SAME KEY AVAILABLE SUFF_CO_ TAX MAP NO. 10 - - SOURCE OF REQUEST: WILLIAM H. PRICE, JR., ATTY DATE: OCT. 14, 1994 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME - 2 APARTMENTS f STORIES I I EXITS 2 EACH FOUNDATION WOOD POSTS CELLAR NONE CRAWL SPACE NONE TOTAL ROOMS: � ROOMS: 1ST FLR_ 4 EACH 2ND FLR. 3RD FLR_ SRF.ERIIE D Ss) 2 (1 EACH) TOILET ROOM (s) UTILITY ROOM PORCH TYPE 'IMCOMMON - 1 EACH FRONT DECK, TYPE PATIO SMALL FRONT BREEZEWAY FIREPLACE GARAGE DOMESTIC HOTWATER YES TYPE HEATER L.P. GAS AIRCONDITIONING TYPE HEAT NONE WARM AIR HOTWATER OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. -� SWIMMING POOL , GUEST, TYPE CONST. OTHER: y VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE RECEIVED LOCATION DESCRIPTION ART. SEC- MAY q 0 2797 TONING BOARD OF APPEALS REMARKS: INSPECTED BY DATE OF INSPECTION OCTOBER 21, 1994 J M. BOUF TIHE START 8:55 AM END 9:15 AM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE ��� W col �l� SOUTHOLD, NY DECEIVED BUILDING PERMIT MAY 10 2017 (THIS PERMIT MUST BE KEPT ON THE PREMISES ZONING BOARD OF APPEALS WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 41335 Date: 1/31/2017 Permission is hereby.granted to: Kraus, Patrick 34 Hilo Dr Shelter Island, NY 11964 To: demolish existing porch and legalize "as-built" interior alterations to pre-existing seasonal duplex cottage as applied for with flood permit. Additional certification may be required. At premises located at: 1305 Sandy Beach Rd, Greenport SCTM #473889 Sec/Block/Lot# 43.-4-41 Pursuant to application dated 1/2 612 0 1 7 and approved by the Building Inspector. To expire on 812/2018. Fees: DEMOLITION $139.00 Flood Permit $100.00 CO -ALTERATION TO DWELLING $50.00 AS BUILT- SINGLE FAMILY'ADDITION/ALTERATION $422.40 Total: $711.40 ild' nspector w.� .�►-- � re�1N Ak Ij _�..� •L t ' 00 Ad f i cr. h � s � �� . ' TOWN OF SOU'THOLD PROPERTY RECORD CARD A zi OWNER 'gT�;� �. STREET VILLAGE Q[ST SUB. LOT ew r S� FORMER OWNER AIR f S W TYP5 OF BUILDING RES. SEA Q VL. FARM COMM. CB. MICS. 1v{kt. Value a __� o LAND IMP. TOTAL DATE REMARKS2 fj LO LO . ID r L.J ° °--�' Zo5-� ,-C D 0 ,� d C . d�FC'F�10�r v u Lult • LD ZONING BOARD OF APPEALS M ACE BUILDING CONDITIONLo Lo — t N EW NORMAL BELOW ABOVE m `O FARM Acre Value Per I Value Acre cmY,"illable FRONTAGE ON WATER mVoodland FRONTAGE ON ROAD NAeadm[ond DEPTH -- _ miouse Not BULKHEAD Co— m'atol DOCK SI ' !' I.I.~ 1.1 [ 4 .f. �■ ■� ■■■ � �� ■■aka■■■■� �Sl�a■aa■�� ■� : .. ■�as�ar■rl�a ' " - ■psi■■■�!!«��l�����H■r��"���■■ Za ■a�■��>■■■a■■■■�a■lilrliiil� � ... ■ Type Roof ■ Rooms •. . . !Recreation ■•• m Rooms 2nd Floor u ;Dr[yew • u ELIZAHETH A.NEVILLE,MMC �.�. ®�/� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �' ® ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®.( I 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: May 15, 2017 RE: Zoning Appeal No. 7085 Transmitted herewith is Zoning Appeals No. 7085 for Patrick&Linda Kraus-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form,Applicant/Owner Transactional Disclosure Form, LWRP Consistency Assessment Form,Notices of Disapproval, Board of Zoning Appeals Application Authorization, Pre-Existing Certificate of Occupancy, Housing Code Inspection Report, Building Permit, Photos, Property Record Card, Copy of Survey, Site Plans, and Drawings. * * * RECEIPT * * * Date: 05/15/17 Receipt#: 219634 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7085 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#1104 $250.00 Kraus, Patrick Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kraus, Patrick 1305 Sandy Beach Rd Unit 1 Greenport, NY 11944 Clerk ID: SABRINA Internal ID:7085 i BOARD MEMBERS ®f so - -- Southold Town Hall Leslie Kanes Weisman,Chairperson 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 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®Uh19�d Southold,NY 11971 9 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, SEPTEMBER 7, 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, SEPTEMBER 7, 2017: 10:30 A.M. - PATRICK AND LINDA KRAUS #7085 - Request for a Variance under Article III, Section 280-15 and the Building Inspector's May 8, 2017, Amended May 30, 2017 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory shed, at: 1) located in other than the code required rear yard; at: 1305 Sandy Beach Road, Greenport, SCTM#1000-43-4-41. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf_@southoldtownny.gov Dated: August 17, 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Apptication of MAILINGS A (Name of Applicants) SCTM Parcel ff 1000- CO-UNTY OF SUFFOLK STATE OF NEW YORK 1, residiag at � VQacl- R ck. _ 'New York, being duty sworn, deposes and says that: Oil the day of- 50YV , 20Q, r personally mailed at the United States Past-Office in k9ef&Pti, V ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a"true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the Assessors,or( ) County Real Propedy Office for every property which abuts and is across a public or private street, or.vehicular right-of=way of record,surrouading the-applicant's property_ . - (Signature) Swoin td before me this . gAdayof 14-LA�VjSS , 201� CONNIE D.BUNCH- Notary Public,State of New York � � N NQ.01 BU6185050 (Notary Public) Qualified In Suffolk County Commission Expires April 14, � 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. 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Q,_ art); tate, P+4 --- -----------`w¢� .eA 1 eee• P o 52 Z LUSAFI Z I 7015 0640 0007 4901 0639 a g � OOWma� FLQ J�� uicLW (7 i ar,,s , i PIXIE 339 CE 1 .. RETURN In SE`N A Z RD ¢ j� OT DELIVERABLE AS RESSED UNABLE TO FORWARD f UTF: SO L y9 ' i 99 � 2 "' H - a$3 —z —{fi b ii t3 g { S f 111111111 Si6 i t t Iixex er i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 70^ SOUTHOLD,NEW YORKIT AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, cc-\-� �(*C(C [GwS residing at �3() S S •�y �� ''C`'"' �cne Df ,New York, b ' my sworn, depose and say that: he36 day of 2017 , 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 remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 2,2 �Z2 d /Z (Signature) Sworn to before me this ,} Day of GeP}-ex�yo� , 2017 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK tary Public) NO.of DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2 L?, * near the entrance or driveway entrance of my property, as the area most visible to passerby. ` i I ; a x l � i •f-k }i l 4 I j E 3iiits jtl I ;; . • • 7-h6 • •ms 1,2,and 3.■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee® Attach this card to the back of the mailpiece, (Printed Name) C. Date of Delivery or on the front if space permits. I V 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �t C yt d rei @/Or If YES,enter delivery address below: p No i y ivy3. ll l IIIIII IIII Ili I I 1 I l II I III II I I I II II II Illll III ❑❑Adult Service Signature Restricted Delivery ❑Reg ste ed Mail Restricted' 9590 9403 0380 5163 6601 46 ❑Certified Mad® Delivery i ❑Certified Mad Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2_Article-Numher_IPransfec}rDm serviceJabeO ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationm "il ❑Signature Confirmation 7i015 ;0 6 4 0 ;0 0 0 7 i 4 9 01 0622 >:: :; = Restricted Delivery ithestrictedDeliveryi i }it PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ll 8tNDER:,COMPLEi-ETHIS,'iSEC'TtON OMPLETE THIS SE TIO/�ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse ❑Agent so that We can return the card to you. X ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date Ot Delivery { or on the front if space permits. �&Z 1. Article Addressed to: D. Is delivery address differept from item 1? ❑Y If YES,enter delivery address below: ❑No (?O r6 i IIIIIIIII IIII Illll III IIIIII III ll IIIIIIIIII I111 Service priority 13 Mail ge Registered alm Adult Signature ❑Registered I Restricted 9590 9403 0380 5163 6601 15 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery a Return Receipt for + ❑Collect on Delivery Merchandise I Article_NUrnber(Transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTm{ t s ❑Insured Mail° ; ' I I i ❑;Signature Confirmation 7 01}5= 0 6f 4 0100117 4 9 01 0 6'S Restricted Delivery ! I Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt j D / • • • • • ■ Complete items 1,2,and 3. A Si natures f ■ Print your name and address on the reverse X t A ent so that we can return the card to you. `�- A r ssee ■ Attach this card to the back of the mailpiece, B. Receive rinted Name) C.Date of Delivery or on the front if space permits. 1. Article Addressed to: D. is delivery ad from item 1? ❑Yes i If YES,en /�` v del �' below: ❑No � V I(Y I`1 I I lC4- ?0 y � a II I111111 IIII III I I I I I II I III II I I I II II I I I I I II III o Adult Signature Restricted Relive ❑iceType El RegisteredgPriority p�SS® ❑Certified Mad® Delivery Delivery Mad Retnctedy 9590 9403 0380 5163 660108 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service lab eq ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^ -- I'1,rnn0l rnr,1r, ��{{ �]]� (�6 []�U sured Mail ❑Signature Confirmation 7015 064®�fl�tlfft7�� r1i�111 7rflrJr�! a��n ad , nctedDelvery Restricted Delivery Il flyt�(Yt7frrtjr�rl,rl��i� ; PS Form 3811,April 20}15 PSN 7530-02-000-9053 Domestic Return Receipt, #0002110170 . ► �`� +�-� 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 c � Principal Clerk Sworn to before me this day of VCHSTINAVOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My COMMI3610fi f#VIres 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,SEPTEM 3ER 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 house and farm APPEALS at the Town Hall, 53095 Main building, at: 1) proposed hoop house lo- Road,P.O Box 1179, Southold,New York cated in other than the code required rear 1 1 97 1-095 9, 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 III, 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 280-48B1, the 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.LANOS#7081- Southold,NY.SCTM#1000-63-1-15 Request for a Variance under Article III, 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 III,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-IS and the feet; 2) proposed accessory structure ex- Building Inspector's May 8, 2017, ceeding the code permitted maxirium 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 June19,2017, 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 required 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 P.O 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME KRAUS , PATRICK 8 LINDA #7085 MAP # 430=4=41 VARIANCE YARD LOCATION BEQUEST LEGALIZE "AS BUILT" ACCY SHED DATE : THURS SEPT 7 , 2017 10 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . CONING BOARD -TOWN OF SOUTHOLD 765 = 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website. http://southtown.northfork.net August 7, 2017 Re:- Town Code Chapter 55 -Public Notices for Thursday, September 7, 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 August 21St: 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 hearinq providing the returned letter to us as soon as possible; AND not later than August 28th: 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 August 30th: 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 September 5, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� TifO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes c� Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �OQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631)765-9064 May 12, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7085 Owner/Applicant: Kraus, Patrick & Linda Action Requested: Legalize "as built" accessory shed —yard location Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Bye . Encls. r , BAY ROAD 0 Q S83'15'E 101.91, z 41. N_ N SINGLE STORY m DUPLEX En 41 N_ rn N `W O y IT1 /v O p DO O O (T o, 8'x10' SHED o 10• N83'15'W N 101.91, SITE PLAN APPROXIMATED BASED ON SURVEY OF PROPERTY BY RODERICK VAN TUYL PC SITE PLAN 11-22-85 pl" Al' r S SCALE 1:20 !l ^��p, JJ�,n J -- � •(f %'ice� F A�P�A � p �-s 0835' ,- - ZONING gOAR ° �„'.� ' '��� RUFF SS 10�'P�- JOB* wuIam PROPOSED SHED +&» MIED FOR OWNER REVIEW DAM' ° O KRAUS PROPERTY SCALE AS NOTED SHERMAN ENGINEERING 1305 SANDY BEACH ROAD „ c r o y &CONSULTING P.A �+� 70MAGNOLIA ES LEGREENPORT, NY 3T AUGUSTINE,FL 3W80 631.831 3872 C.1 DRAWING: SITE PLAN DRAWN ay6 NBS CHECKED BY: SECPC •+'�C r ao�� BOARD MEMBERS ®F S®(/j Southold Town Hall Leslie Kanes Weisman,Chairperson �* y� 53095 Main Road e P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0� ® �O@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��COU ��� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 25, 2017 Patrick Kraus P.O. Box 782 Greenport,NY 11944 Re: ZBA File# 7085 1305 Sandy Beach Road, Greenport SCTM No. 1000-43-4-41 Dear Mr.Kraus; Transmitted for your records is a copy of the Board's September 21,2017 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. Sincerely, �e . Kim E. Fuentes Board Assistant Encl. cc: Building Department ,w Z S 4 $ 10 N 348,482 3 6 61 w r N S O 21 we+ SEE SEC NO 036 - e 1 CA(c) m MATCH -- — LINE oy —�--- s " m Z m� 9 8 2 a TOWN OF 4/• TOWN OF / ,� $a 8 SOUTHOLD r SOUTHOLD 6 g n4 0. - NN°EAWATER R,. 12A(c) m B 9 7 m / 3 4 } � 6 s ,a y � 2 P6 12 4a Nor mdth) s m 7 S s 18 19 m / ,a = 27 34 �\ 3 6et 2 8 tat 8 g 13 ns o3) o s 1.3A(c) 2 20 s nU I w4 ,w g 16 w 8 21 8 28 3 4 m let 9 � 14. - 22 8 3 291w am ,8 I TOWN OF s 8 n8 35 g SOUTHOLD 23 8 30 I ,w e 1W 8- 2 .e�j., ,w � ,w g roe cet a t.t 10 15 uN 253 51 m 31 8 Z ' .a I ° 5 ,w 3 8CYO Ke 17 '4 Z 36 = $ i (�p�p' fi m 0 252 s m. g 'a KA032 /!� f 1' 8 'fi 4 "7 0 j 11 O 12 LU33 m s �Q 17 a $ Z A 5 O J 19 3r ^ �6 OF'' nn a 26 � y!� [l[ IOLD ky s 38 a:a "BF S m 6 G�y+t 20 � m ' w e Nor width) 8 $ ¢ 9 39 40 8 7 yda 21 $ 10 zz ' GARDINERS BAY 41 8 = ¢ 23 9 �J TJ3 NEW YORK ,w43 9m o Y^ STATE j ,p���0 NNI TER S /�J e S7ERLNG CREEK D $ ebm 4 X // �(( .V•.I/ u ,w y "o 45 "s to 13, 137 N325,36096 UAM250 74 I ^ l 142 2-1A(c) � 15 14-1 \ N 346 582 ss24 0 \ I �ERIIfS x ` NOTICE .....,- COUNTY OF SUFFOLK O K 036 ° ,;,. C TowNOF SOUTHOLD SECTION NO HYDRANT MAINTENANCE,ALTERATION SALE OR jy'9y Real Property Tax Service Agency E oas MNTER DISTRIBUTION OFANY PORTION OF THE REfL _ - SUFFOLK COUNTY TAX MAP IS PROHIBITED " County Center Riverhead,N Y 11901 VILLAGE OF �1' 043 W96TEMgTf \MAHOUT VuRITTEN PERMI6610N OF THE ^ -Imp `$3' ,w °S°AKIN FFET'� M � 133 REAL pROPERTV TA%SERVICE AGENCY '�1�� A P DISTRICT NO 1000 PROPERTY MAP CONVERSION DATE Jun 02 2016