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HomeMy WebLinkAbout7090 i 4 maid, �- 1 - sd g � � eyvs r -lee�ms c fi Jam, on am ex�vc s� 0 �. '�aurellte �c v �X�X111 sec. a � ��n� L� 1�1 �-b ►`? � 70� CEJ CHECK BOXES AS COMPLETED ( ) Tape this forn D O ( ) Pull ZBA copy of NE 0 Q. CLL N cP ( ) Check file boxes for ( ) Assign next numbe► c outside of file folde ( ) Date stamp entire m -n -u cn w c w file number " o z-o 5 � � 0 " 0 ; . ( ) Hole punch entire o3 3 (D = (before sending to r a 5 co o cn ( ) Create new index c 3 1 w ( ) CD Print contact info � ,�, = a ( ) Prepare transmittal @ o CD ( ) Send original applic o M to Town Clerk o co ( ) Note inside file fold 3 and tape to inside c .n ( ) Copy County Tax M. c neighbors and AG k ( ) Make 7 copies and 1 ( ) Do mailing label co0 bl-711-7 (ola-7117 00 MOO �0 BOARD MEMBERS OF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Patricia Acamporait Office Location: Eric Dantes G Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �`® yo 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyC®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 PT2327 EIVED -� FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 19,2017 0' Y ZBA FILE: 7090 eto�tathold Town Clerk NAME OF APPLICANT: Jeffrey S. MacDonald and Courtney S. MacDonald PROPERTY LOCATION: 328 Avenue B,Fishers Island,N.Y. 06390 SCTM#1000-6-2-13.1 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 25, and the Suffolk County Department of Planning issued its reply dated June 22, 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. SOUTHOLD TOWN,OFFICE OF THE ENGINEER: This application was referred to the Town Engineer. In the department's response letter dated October 4, 2017 the Town Engineer reviewed the application and identified the nearest waterbody as Fishers Island Sound which is located approximately 500 feet away from the property in a northerly direction. Existing drainage has been noted on the survey prepared by CME Associates and site contours do not indicate any adverse issues related to the direction of stormwater flow. Furthermore, based upon the existing conditions of the site,the Town Engineer believes the Town's Stormwater Regulations are satisfied and no additional drainage or erosion controls are required. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 11,326 square foot parcel in the Residential R-40 Zoning District. The parcel measures 85.00 feet along_the northerly property line fronting Avenue B, measures 86.00 feet along the easterly property line, measures 96.70 feet along the southerly property line, and measures 85.66 feet along the westerly property line which slants combining 59.67 and 25.99 to equal the 85.66 square feet. The property is improved with a two story single family dwelling with an attached enclosed porched and deck with a pergola and a detached accessory garage all shown on a survey prepared by Richard H. Strouse,L.S. dated April 19, 2017. BASIS OF APPLICATION: Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's May 15, 2017, Notice of Disapproval based on an application for a permit to reconstruct an existing deck and pergola attached to an existing single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20% at: 324 Avenue B, Fishers Island,NY. SCTM#1000-6-2-13.1. Page 2, October 19, 2017 #7090, MacDonald SCTM No. 1000-6-2-13 1 RELIEF REQUESTED: The applicant requests variances to replace and construct a deck and pergola on the front portion of their single family residence located 26.3 feet from their front property line facing Avenue B, and at 21.4% lot coverage where the code permits a maximum lot coverage of 20% as depicted on the Survey Map by Richard H. Strouse, L.S., of CME Associates Engineering, Land Surveying &Architecture, PLLC, dated April 19, 2017. ADDITIONAL INFORMATION: Public hearing notices were mailed to owners of adjacent parcels as required and no comments were received. Under the proposed plan, the applicant,will reconstruct a deck and pergola in the same location and same footprint as the previously existing deck. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 5, 2017 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new deck and pergola will replace the one removed in the same footprint and will maintain the same setback from Avenue B. The neighborhood consists of similarly sized lots with single family one and two story dwellings. The neighbor to the west has a front yard setback of approximately 12 feet and may be the only neighbor who would be impacted by the reconstruction . since Avenue B is a private small lane that serves only a few other homes. 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 the area variance. There is no feasible location on this parcel where a deck of the same size and configurations could be built. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for front yard setback relief is mathematical substantial, representing 24%% from the code. However, the adjacent neighbor has a non-conforming front yard setback that is twice as non-conforming as what the applicant proposes and the applicant's deck has existed in the same location for more than 30 years without adverse impacts. Relief for lot coverage is not substantial, representing 7% relief from the code. 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 of the neighborhood. The applicant must comply with Chapter 236 of the Towns Storm Water Management Code. In addition, the Town Engineer, in his comments has stated that he is satisfied with Stormwater runoff and drainage conditions of the site. 5. Town Law 4267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning code in effect prior to or at the time of the purchase. 6. Town Law 276-b Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the alterations to the residence by building a safe new deck and pergola. Page 3, October 19, 2017 #7090, MacDonald SCTM No. 1000-6-2-13.1 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 Acampora, seconded by Member Planamento, and duly carried,to GRANT the variances as applied for, and shown on the survey prepared by Richard H. Strouse, L.S. of CME Associates Engineering, Land Surveying&Architect,PLLC dated April 19,2017. SUBJECT TO THE FOLLOWING CONDITIONS: That the subject deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board.• Ayes: Members Weisman (Chairperson), Dantes, Planamento, and Acampora. (Member Goehringer absent) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /�/ ��/2017 U / s � � � o 1� C C .(D o ' Q S RE'-EIL'ED U J'4 V adco U ai i l: i c = cz a) ZGNI'NG BOARD OF AP F.A:15 � Q a� �> Lu `E' � a c U w — _C O o � N U) •>. U > M d L � Q i o 0i N cz Q LVN w w b, .a M M CO `'' Of A � /�/� ,� POLE /J 160 E 13 — S 78'03'10" E NSF 9.41' DONALD & VIOLA MONUMENT CATCH I N 78.03'10" W LOCATION MAP SCALE 1 "=400' MEYER (NOT RECOVERED) S 80,33 40• BASIN 12.12' CATCH(TAX REFERENCE 85.00' E BASIN 1000-006-2-16.3 340'± TO FORMER & PROPOSED CRESCENT AVENU Q Z DECK °� DECK LOCATION MONUMENT p� o (NOT RECOVERED) Q O N O Q U N: 5369.16 J Z r 30' —1 �' W. 1108.79 Q O W �— Z o c! F- 0 N DECK EXISTING 0 j +�+ ENCLOSED s MAP REFERENCE O V Z RESIDENCE '0o L 00 p C) m W 0 0 1.) PLAN OF PROPERTY TO BE CONVEYED TO JONATHAN & JULIA GILMAN Q LL- V w z W Z _� 00 EDGE OF AVENUE B, FISHERS ISLAND, NEW YORK SCALE: 1"=20' BY CHANDLER, o� EXISTING 3 RIGHT OF WAY PALMER & KING NORWICH CONN. MARCH 1987. FILE D-808. C R SIDENCE ,_ > Q Gbi z of 0- w co Luo) o 0 NOTES ^W^ < p ' (n rNn (n L 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED OUTDOOR (Al I C n HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO w MONUMENT STEPS SHOWER 0 �J_ z =(FOUND) BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE V w w 35' 12 Z ENGAGEMENT. � U) 35' I..L.. o . BUILDING SETBACK 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, Of � 0 0' LINE (TYP.) I UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO O t � ALTER AN ITEM IN ANY WAY. N STONEWALL O SHED 0 V HIGH 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Z c SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. GF.R4GE POLE 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS' m GARAGE to 5.)5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 006, BLOCK 02, LOT 13.1. PAVED CONCRETE PAD , EDGE OF U) Z a ' DRIVEWAY . PAVEMENT 6.) TOTAL AREA = 0.25± ACRES (11,005± SF) z EXISTING N/F N , 7.) SITE IS LOCATED IN ZONE R-40. of RESIDENCE PIERCE 0 h��C / EDGE OF — w RAFFERTY Z S q F RIGHT OF WAY 8.) PERCENT OF LOT COVERAGE- PROPOSED 21.4% o ti (TAX REFERENCE STONEWALL N" 1000-006-2-17.5) 1'± HIGH c���� - ^. > La STONE P. O I DRIVEWAY ? O I_-- S 36'07'50" E 1 i °` z 12.00' _ _ _ _ _ _ --- - - FINAL IV AP IEGFNp F' -', a V) REVIEWED BY ZBA m N/F NOW OR FORMERLYd- SEE DECISION # _7090 VOL VOLUME y�y 00 co 00 0 fn 0 0 DATED /� / PG PAGE I I 0 0 I SF SQUARE FEET Ou o 0 0 w MH MANHOLE Z Y Z Y QUALITY CONTROL CERTIFICATION STONE WALL a_ ma_ o = . 0 o L 0 o o = LL GROUP REVIEWED DATE RETAINING WALL PROJECT MANAGER DATE: APRIL 19, 2017 SURVEY 20 10 0 20 ENVIRONMENTAL SCALE: 1 " — 20' CIVIL GRAPHIC SCALE IN FEET STRUCTURAL SHEET: 1 OF 1 ARCHITECTURAL r A 102 2 l o io u 4"x4"P.T.RAILING POSTS W(2"x6"MAHOGANY AA � � O TOP RAIL&STAINLESS STEEL CABLE RAILS,3-112"O.C.---- ZONING BGARG OF APPFAl.� / ` L^—J 2-2"x8"PERGOLA BEAMS W/OGEE END CUTS-THRU BOLTED W/2- 3/4"GALV STEEL BOLTS TO 6"x6" v 1 IT — — — — I I 6"x6"P.T.PERGOLA POST 2"X6" W/OGEE END CUT JOISTS O S 16"O.C.SET ON TOP OF BEAMS — TOE SCREWED W/STAINLESS —I— STEEL SCREWS I WIt I I PERGOLA DECK I— — —r— I --------------------------------------- -1 -4- -------------------- ------------------- —I -I- ------------------------------- — --- 5/4"x6"DECKING ---- II III �a 1z1, I 2"X2"AT 16"O.C.SET ON TOP ( co STEPS OF 2"x8"JOISTS u_ N I— I I I I IF---------- ---------------------------------------------------------- I I --I I ————————————————————————————————————————————————————————— ———1.1————————————————————— ——————————————————— — I I I I I I I I 2"x8"LEDGER FASTENED I I I I THROUGH SPACERS W/2- I I A-102 1 LEDGERLOKS AT 16"O.C. IIIII IIIII 4 A-102 I A-10 2 IIIIIIII IIIIIIII NOTES: THE CO NTRACTOR IS RESPO N- IIIIIIIII IIIIIIIII IIIIjIIIII SIBLE FOR C ONFIRM ING ALL3 DIMENSIONS IN THE FIELD,THE CONTRACTOR SHALL IMMEDIATELY CONTACT THE ARCHITECT WITH ANY DISCREPANCIES FROM THE DRAWINGS. DO NOT SCALE THE DRAWINGS. THE ARCHITECT SHALL NOT BE RESPONSIBLE FOR CONSTRUCTION MEANS,METHODS OR SAFETY PRECAUTIONS.4 I I I I I I I I U I I I I I I I I U I I I I I I Fax; I I 860- 536 - 5325 - Mad; f'�T��-51'f;INGST���@SN�T,N�T C? ROOF PLAN P T S RINGSTEEL / 3 J 1/4'1 = 1'-0" 86100 s72c 7355 sl- ARCHITECT O N 0 ARC/y�� sf 6"x6"P.T.POST SET ON CONCRETE PIER WITH SIMPSON ABU66 POST BASE&1/2"DIA.x12"ANCHOR BOLT 02130 3.2"x8"P.T. DROPPED BEAM SET ON 6"x6"P.T. OF N POSTS W/SIMPSON AC6 POST CAP.SET 6"x6"P.T. ON SIMPSON ABU66 POST BASE&1/2"DIXx12"ANCHOR BOLT 5'-103/4" T-10 3/4" T-10 3/4" T-10 3/4" T-9 3/4" V) NEW CONCRETE PIER FOUNDATIONS: OWNER 10"DIA.3000 PSI CONCRETE.SET BASE AT 42"BELOW JEFFREY&COURTNEY ------------ FINISH GRADE. MACDONALD 1 1ST FLOOR PLAN -------- -- ------------ ------------ - ------------ 1/4 = 1 -0IF NEW 2"x6"P.T.DECK I I I JOISTS AT 16"O.C. I I I 3/4"CRUSHED STONE I I I I OVER LANDSCAPE I I I l I I FABRIC I l ----------- ---------- ----------- r- --I _ I I NEW 2"x6"P.T.DECK I r l JOISTS AT 16"O.C. I I I I io I 2"x12"P-T.STAIR STRINGERS AT 16"O.C. NEW 2"x12"P.T.LEDGER FASTENED 6"3500 PSI CONCRETE 4 TO HOUSE FRAME W/ 2-1/2"DIA.LEDGERLOKS ARCHITECT PAD W/WELDED WIRE AT 16"O.C. FABRIC REINFORCEMENT A-102 PETER J. SPRINGSTEEL SET 1"ABOVE GRADE ARCHITECT LLC EXISTING MASONRY FOUNDATION 105 STARR STREET MYSTIC,CT 06355 T:(860)572-7306 F:(860)536-5325 DATE: 18 FEBRUARY 2017 REV.1: 21 OCTOBER 2016 BUILDING OFFICIAL COMMENTS 2 FOUNDATION PLAN 1/411 = 1'-O" REV.2: 30 MARCH 2017 SIZE REDUCTION A-101 -7o qo R F c Epv:-D, u JUN 0 (eloq 4 �c,rv�1,c R .�OAf,C)Up APPEALS WUo � z z �- — -" _L EXISTING DWELLING- EXISTING L-L �L �r EXISTING � DWELLING - PROPOSED PERGOLA L_J- I_l' 1- _Ll_1_ _ 1 }'J L L -_-L.L.. . U._"'_- _ _ 1 1-J--J LL__L_.(_ _. LL_ PROPOSED PERGOLA J L_J_. _1_L- L_1 Y _ L J �J L +J-- _ _ ll_' J J J - L .LL_ �' 1'! L-'AL1. L L - I ! --- - ;; ! `I l I _.I` J IL 1___ J �J_11 1.1 ,_� J_; 1,1_____L l'L;l J _L JLL�LI LLL-L�LJ� LJL 1 11 II L J _r.! L�L:!. J U .- J 1 _moi � I I �-- J�_1 �- �L� 1,uJ l uJ L.11�,��1L� � �.I _.JJ L �JE�� i J_;� I L _ IJ .. L Il_ . J L J�JL J _ - _ LJJLJ_,L! 'IJ! L'' J L J j L _� J V_ _ J L I l u^ LI - L L L LL�I'L L_� _ L L IJ . 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Q � O Ml'5tlG,Cf 06555 iii � 860 572 7306 ARCHITECT O N 2"x8"LEDGER FASTENED 2"X2"AT 16"O.C.SET ON TOP THROUGH SPACERS W/2- OF 2"x8"JOISTS LEDGERLOKS AT 16"O.C. k[ D An 2-2"x8"PERGOLA BEAMS W/OGEE 2"X6" W/OGEE END CUT JOISTS Q fa �p9°i S SP,s,,, FOS END CUTS-THRU BOLTED W/2- 16"O.C.SET ON TOP OF BEAMS 3/4"GALV STEEL BOLTS TO 6"x6" TOE SCREWED W/STAINLESS STEEL SCREWS L T.w,S� Y•.t J EXISTING aJ� L i) JI_L1 I DWELLING LL!J JL,J JL LL!'_''J� 13 a� p2135y ¢� 1 _ J L J U I _ 4 OF _ A-102 h =} L- - PROPOSED PERGOLA BLOCK II P.T.PERGOLA POST 6"x6"P.T.POST SET ON CONCRETE PIER OWNER 4"x4"P.T.RAILING POSTS W/2"x6" WITH SIMPSON ABU66 POST BASE&1/2"DIA. - - J MAHOGANY TOP RAIL&STAINLESS x12"ANCHOR BOLT JEFFREY&COURTNEY STEEL CABLE RAILS 3-1/2"O.C. L L , J L MACDONALD JL. L J J JL' JLJI L UJLL ULLLI ;U ;'JUJ,L JL' I U LJ J L _ L1 I JL . L J.uL IJJLI '�UI .JL _L^U J l- IL J I^LJ L J ' i Ll J JL L Ll _.'L''_ I 'LJLVI _ L. _I 1111 ;ILL �1-U I u ~LI 'Culla I !EJ+) +�� SLI _. J .. 1 : LJ . 1 J 1 l_ _J 1 IJ i_I I_'._�J t �__ I.1 L J JL L -LiJ L'J li 1 :CJI _ L 1, L1 I.. 1 5/4"x 6"DECKING I . II iL I � - I;I Jl_ J I LI- I L_ L L._; 1 _I - J - - NEW 2x6 P T DECK JOIST s - @soc L II I _ t - 1_JLl'' - - - J Ju � � I 1 ; I' � u I I._.L„_.1_I LI I - L L J ._ J _ 1_ _ 1 J J . 3-2"x8"P.T. DROPPED BEAM SET ON 6"x6"P.T. J -- J 'J II_ ._.._IL._ 1_l - I IL 11--�1L LI I l.._�_ ' ; 1L_.I _._11 I I .. i..-- _- _--_.--_-._.-- _-. -- SIMPSON H2.5A POSTS W/SIMPSON AC6 POST CAP.SET s"x6"P.T. U IJ -. L _. 11 _ ON SIMPSON ABU66 POST BASE&1/2"DIA.x12" I I ANCHOR BOLT SIMPSON ABU66 PROPOSED DECK — -- -- - 6"3500 PSI CONCRETE PAD W/WELDED WIRE = I FABRIC REINFORCEMENT _ _ _ . ' _ ._ ___ -I— I —r _1— _ SET 1"ABOVE GRADE Ll —7: - __ i= _ 1 _ _ _ ARCHITECT _ 77� —- — -- j NEW 2"x12"P.T.LEDGER FASTENED TO HOUSE FRAME W/ 2-1/2"DIA.LEDGERLOKS III III III III III AT 16"O.C. PETER J. SPRINGSTEEL ARCHITECT LLC 105 STARR STREET MYSTIC,CT 06355 T:(860)572-7306 DECK / PERGOLA � F:(860)536-5325 REAR / NORTH ELEVATION SCALE:3/8".1'0" DATE: 18 FEBRUARY 2017 SCALE: 1/4".1'0" REV.1: 21 OCTOBER 2016 BUILDING OFFICIAL COMMENTS REV.2: 30 MARCH 2017 -- - SIZE REDUCTION A-102 w96VA4 SCOTT A C R �® �� --� ,► I 1 O RUSSELL ® {.{y, � JAMES A. RICHTER, R.A. J ' SUPERVISOR - �' ��; MICHAEL M. COLLINS P.E. TOWN HALL - 53095 MAIN ROAD 'ryz fir+ TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 ®��q,, ® `"� @e`ai; Fax (631)-765—9015 MICHAEL COLLINS@TOWN SOUTHOLD NY US -meg®� ��® JAMIE RICHTER@TOWN SOUTHOLD NY US r OFFICE OF THE ENGINEER D ` � TOWN OF SOUTHOLD OCT,U 4101 13 �4J ®b �4 ®m Leslie Kanes Weisman, Chairperson October 4, 2017 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA#7090 - JEFFREY S. &COURTNEY MACDONALD SCTM#: 1000—06—02— 13.1 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property for compliance with Town Code and more specifically Chapter 236 Stormwater Management. The proposed deck reconstruction is 360 Sq. Ft. and would not require stormwater controls on its own. The nearest waterbody is Fishers Island Sound which is located approximately 500' away from the property in a northerly direction. Existing drainage has been noted on the survey prepared by CME Associates ware it is located on the southerly side of the adjacent private road known as Avenue"B". Site contours do not indicate any adverse issues related to the direction of stormwater flow. Based on the existing conditions of this site, I believe that the Towns Stormwater Regulations are satisfied and no additional drainage or erosion controls are required at this time. If you have any questions regarding this matter, please contact my office. Sic rely, ames A. Richter, R A. Stormwater Manager cc. Michael Verity Principal Building Inspector 0,-1010 COUNTY OF SUFFOLK a— RECEIVED JUN ZONING BOARD OF APPEA— Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment June 22, 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 Pirozzi, Anthony #7089 MacDonald, Jeffrey #7090 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 FORM NO. 3 RECEIVED TOWN OF SOLYMOLD JUN 06 2017 BUILDING DEPARTMENT SOUTHOLD,MY, ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: May l5, 2017 TO: MacDonald 328 Avenue B Fishers Island, NY 06390 Please take notice that your application dated February 23, 2017 For permit for to reconstruct an existipy deck/pergoaa on an efamily dwelling_at Location of property, 328 Avenue B, fishers Island, NY Counter Tax Map No. 1000 - Section 6 Block 2 Lots 111 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 11,326 squaLiLq foot parcel ins the Residential R-40 District, is nett permitted pursuant to Article XXIII, Se-tion 280-124, which states that, on.iots measuring less than 20,000 square feet in total site, the minimum front yard setback is 35_feet and a maximum lot c c)veragc of 20% is permitted. The existlil deck is noted as having a 26:3 loot setback and a total a e,5)f 21.4°/ Zorized ignature Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. /L # 9LO�L8Zl�9� 66 .�� L�-9L-�0 Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE S AREA VARIANCE j House No. 328 Street Avenue B Hamlet_ Fishers Islandpy. SCTM 1000 Section�6•�Block02.00 _ ®®°��� DI O Lot(s)013.001 Lot Size 0.26 acre Zone R-40 ` I(WE)APPEAL THE WRITTEN DETERMINATION.OF THE BUILDING INSPECTOR DATED M?Y 1$, 2017 BASED ON SURVEY/SITE PLAN DATED April 19, 201.7 Owner(s): Jeffrey S. MacDonald and Courtney S. MacDonald Mailing Address: 202 Ferry Lane, South Glastonbury, CT 06073 c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email:_ Matthames5l'@aol.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III for(1)Owner( )Other: Address: 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fag:(631) 287-1076 Email: Matthamesq@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED April 19, 2017and DENIED AN APPLICATION DATED February23X17FOR• (�)Building Permit ( )Certifncate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280-124 Subsection: B Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. } ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# P RECEIVE® JUN 0$ 2017,7 olo ( REASONS FOR APPEAL Please be specific, additional sheets may be used with preparer's signature notarized): ZONING BOAR®OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: a deck in the same location existed until recently without any adverse impact on the neighborhood. Moreover, the deck on the Meyer property adjoining the subject property on the west is much closer to the street line than the proposed deck. 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: there is not ample area in the required front yard as the existing residence itself barely satisfies the required setback. Reconstruction of the deck of the same size in the sameelocation will require a lot coverage variance given the small lot area of the subject parcel. 3.The amount of relief requested is not substantial because: the proposed deck at its closest point to the street line would be 75% of the required minimum setback and nearly 50% of the deck would actually satisfy the 35—foot setback. Compared to the neighbor on the west, the encroachment is slight. Reconstruction of the deck would cause lot coverage to exceed the maximum by only 7%. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: a deck in the precise location as the one proposed existed in the same location for many years. The applicants are not introducing new construction into a previously undisturbed part of the prpperty. 5.Has the alleged difficulty been self-created? { )Yes,or{X}No Why: The size of the lot and the position of the main dwelling and former deck in the same location dictate the need for relief in this case. Applicants are requesting permission to build prior to construction, not seeking to legitimize a structure built without benefit of a permit. Are there any Covenants or Restrictions concerning this land? {x}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 Authorized Agent (Agent must submit written Authorization from Owner) Stephen L. Ham, III, authorized agent Sworn to before me this tof day of June 20_ -64A'41'aT � x,J No ry Public BARBARA T.HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 I� y RECEIVED a , APPLICANT'S PROJECT DESCRIPTION SUN 0.6 2071()9 Stephen L. Ham, III, as agent for , ZOIYZiYG BOARD OF APPEALS APPLICANT: Jeffrey S. & Courtney S. MacDonald DATE PREPARED: April 18, 2017 1.For Demolition of Existing Building Areas Please describe areas being removed: not applicable j(deck previously removed) i H.New Construction Areas(New Dwelling or New Additi ons/Extensions): Dimensions of first floor extension: 12 ft. x 30 ft. deck with pergola Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height(from fmished ground to top of ridge): n/a Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: n/a III.Proposed Construction Description(Alterations or St uctural Changes) (Attach extra sheet if necessary).Please describe building ares: Number of Floors and General Characteristics BEFORE Alterations: two-story dwelling with enclosed porch and detached garage Number of Floors and Changes WITH Alterations:—two-s iory dwelling wibh enclosed porch, deck with pergola and detached garage IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,995 +/- s q. f t. Proposed increase of building coverage: 360 +/- sq, ft Square footage of your lot: -_111005 s q. f t. Percentage of coverage of your lot by building area: 18.-1 to 21.4% proposed V.Purpose of New Construction: reconstruction oft deck in same location where one previously existed 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): flat area where slopes aew not a factor Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 � ! r QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED 1 A. Is the subject premises listed on the real estate market for sale? JUN 0,6 2017 Yes X No ZONMG BOARD OF APPEALS B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? n/a 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees:, n/a 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? no E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. - Do you or any co-owner also own other land adjoining or close to this parcel? no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single-family residence with enclosed porch and detached wand the proposed use same with deck addition (ex: existing single family,proposed: same with garage,pool or other) L Z. F7,. .=14 04/0/2017 Authorized signature and Date Stephen L. Ham, III, authorized agent ? 4 r FORM NO.4 RECEIVED TOWN OF SOUTHOLD JUN 012017 BUILDING DEPARTMENT ®NIAdG Town Clerk's OfgDAR®®FAPP�� Office Southold, N.Y. Certificate Of Occupancy No. . . .�Z9?28. . . . . . . Date . . . October 24. . . . . . . . . . . . . . . . 1979. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . . . . . . . . . . . . . . . . Avenue. .B . . .FisherA .141A,nC1, House I io. street Hamlet County Tax Map No. 1000 Section . . .06. . . . . . .Block . . . . . . . 02 . . . . .Lot . 012 & 013 . . Subdivision . . . . . . . . . . . . . . Filed Ma No. Lot No . . . . . Aequlremerits' or a gne family dwelling built prior to conforms substantially to the April 23Certificate of Occupancy . . . . . . . . . . . . . . . . . . . . . . IP .pursuant to which . . . . . . . 29728 . . . . . . . . October dated . . .Ocr. . obe . .24. . . . . . . . . . . . . . . 199. . ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is/. . . . . . . . . One Family Dwelling with Accessory Garage The certificate is issued to . . . David M. Seeman and Susan G. Seeman fowner,��rel. . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . N/R. . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . N/R. . . . . . . . . . . . . . . . . . . . . . . . . Bu'ding/Inspector R.v 4/79 FORM NO. 4 �®9 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUN 012017 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z'18074 Date JUNE 2, 1989 THIS CERTIFIES that the building ADDITION Location of Property AVENUE B FISHERS ISLAND House No. Street Hamlet County Tax Map No. 1000 Section 06 Block 02 Lot 13.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 25, 1989 pursuant to which Building Permit No. 181432 dated MAY 30, 1989 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 ADD DECK AS APPLIED FOR. The certificate is issued to JONATHAN GILMAN (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE N0._ .._ N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 a 617.20 RECEdVE® Appendix B —101ig Short Environmental Assessment Form JUN 00 2097 Instructions for Completing ZONING BOARD OFAppE4LS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Jeffrey S. MacDonald and Courtney S. MacDonald Proposed Deck Reconstruction Project Location(describe,and attach a location map): 328 Avenue B, Fishers Island, Town of Southold '(SCTM # 1000-006.00-02.00-013.001) Brief Description of Proposed Action: Reconstruction of a deck addition to a single—family residence in the same location as the location of a previously existing deck which had been removed. Construction of a pergola over a portion of the new deck. Name of Applicant or Sponsor: Telephone: (917)539-5031 Jeffrey S. MacDonald and Courtney S. MacDonald E-Mail:jeffreyy.macdonald@ mor anlewis.com Address: 202 Ferry Road, South Glastonbury, CT 06073 City/PO: State: Zip Code: South Glastohbury CT 06073 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 X 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: Variances from Town of Southold Board g of Appeals and Building Permit from Town of Southold Building Department 3.a.Total acreage of the site of the proposed action? 0.25 acres b.Total acreage to be physically disturbed?, 0.01 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.25 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban in Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? JUN ® U I X b.Consistent with the adopted comprehensive plan? ADC X 6. Is the proposed action consistent with the predominant chaffi g ui or natural NO YES landscape? X 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: Fishers Island X 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? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 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: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Private on site septic X system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 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? X 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: 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 0 Early mid-successional ❑ Wetland ❑Urban ❑ Suburban x Rural 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 X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X 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 ❑YES Page 2 of 4 1 18.Does the proposed action include conglniction or other activities that result in the ent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? bl If Yes,explain purpose and size: 'UN as m X ZONING BOARD OF AP 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: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Jeffrey S. MacDonald and Courtney S. MacDonald Applicant/sponsorname: By Stephen L. Ham, III, auth. agent Date: June 5, 2017 Signature: �� -L- 4-- -Dr, - Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate �U.N..';0 r , small to large 0,17 ��.� impact impact may may 20NINGl30'ARp OF.APPEALS occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will,the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM 'JUN 06 2097 A. INSTRUCTIONS Z01MING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 006.00 - 02.00-013.001 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 13 Zoning Board lD 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Reconstruction of a deck addition to a single-family residence in the same location as the location of a previously existing deck which had been removed. Construction of a pergola over a portion of the new deck. l A I Location of action: 328 Avenue B, Fishers Island MCEBVE® 10jo Site acreage: 0.25 acre JUN 0,6 2017 Present land use: single-family residential ZONING BOARD OF APPEALS Present zoning classification: R-40 zone District 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Jeffrey S. MacDonald & (a) Name of applicant: Stephen L. Ham, III, as authorized agent of Courtney S. MacDonald (b) Mailing address: 202 Ferry Road, South Glastonbury, CT 06073 Authorized Agent Address - 38 Nugent Street, Southampton, NY 11968 (c) Telephone number: Area Code(63� 283-2400 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY s � h 0 06 f os—A 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 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 13 No ❑ Not Applicable A RECEIVED AGRICULTURAL DATA STATEMENT JUN 0.0 2017 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Jeffrey S. MacDonald and Courtney S. MacDonald 2. Address of Applicant: 202 Ferry Lane, -South Glastonbury, Connecticut 06073 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: Reconstruction of deck in same location new deck. as previously existing deck which was removed. Addition of pergola over portion of/ 6. Location of Property: (road and Tax map number) 328 Avenue B, Fishers Island (SCTM # 1000-006.00-02.00-013.001) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} 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. :5. 6. (Please use the back of this page if there are additional property owners) l94. L. E-S( 06 / 0r / 2017 Signature of Applicant Stephen L. Ham, III, Date Note: authorized afacDoa'ld t oJeffrey S. and ourtney S. n 1. The local Board will soicrt commentsom 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. TOW OF SOUTi HOLO P RaOPERTY RECORD CARD w OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNEP,,N `��. 'br�� f, ,� E ACR. SGna7 s (.0 ��rma►� , �e1 E S - W - TYPE OF B(JItD1NGA RES SEAS. VL. F RM CDMM. CB. MISC. M> t. Value o`-- `LAND IMP. TOTAL DAVE REMARKS c w Sodn � t � � '�� � ? 1217 e » "sb ( 1 � - � � � v "(ST o .1, 5 00 �o 2C; Gsao $ 3 0 _ �,,� raC?�Yttta�( .C7GSG cam�:..RmA,tu- 1.1 W�.t 1F3 A=f pug a u Alin Rl,onD,- ® T7-zfit'-- 1 r( -, («,ars � 5 p AGE oBUILDING CONDITION 1 - �l �'� - I C �� � 5�� NEW N&MAL BELOW ABOVE P FARM acre Value Per Value Acre (d L f o ��able 1 I UIT ( L i,, Ti I[able 2 LO c, Tillable 3 LD Woodland Swampland FRONTAGE ON WATER Brushland - FRONTAGE ON ROAD m House P4ot DEPTH AVPY4!ap cv m BULKHEAD LO m Total DOCK AW ■MNMI !■■■■!■■!■■!■■■Mili�M! ■■■M■■ No MM ■OO■■■�■■■■■■ no mm 0 OMENS smoom ■M!!■■ ■�1lU.NNE ■■!■MMS■■■■■ j MEMO IS ■�iiiili!■!ONE■■son■■■ f ■■■■■MENEM You o.!!OM1■■i®.i■®■ ■■!!■■ ■■! ■.■ .■■■■■■■a■! _ : f MEMO ■���oi�ii■■■■■■■■■■ a ■■■■t ■� iMi■M!■!■■!■!■ Foundoti w Recreation Roo", d ■ ■ 1 y jO RECEIVED JUN ®„C 2017 Z®iV"VG BOARD OFAPPEALS Jeffrey$. MacDonald Courtney S. MacDonald_ 202 Ferry Lane South Glastonbury, CT 06,073 April 1-t, 2017 Board of,Appeals Town of Southold_ P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island (S.C.T.M. No. 1000=006.00-02.00-013.001) Dear Board Members: The undersigned, co-owners of premises situate at 328 Avenue B, Fishers Island, New York (SCTM # 1000-006.,00-02.00-013.001), hereby authorize Stephen L. Ham; III of Matthews &Ham, 38 Nugent Street, Southampton, New York 11968, to act as their agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and-appearing at any'public hearings, as he shall deem necessaryor advisable in order to obtain approval of any required variance that would permit the reconstruction of a deck with pergola on the aforesaid property in accordance with the plans an elevations prepared by Peter J; Springsteel.Architect LLC (Rev. 2 dated March 30, 2017), as the same may be amended from time to time. Very truly yours, UI � r Jeffrey S. MacDonald Courtney S. MacDonald APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibiis'_confiicts of interest on the Bart of town officers and emnlovees 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. XOUR NAME: MacDonald, Jeffrey S. (Last name,first name,middle initial,unles"s you are applying in the name,of someone else or other entit,},'such as a company.If so,indicate the other person's"or company's name.) • a TYPE OF APPLICATION:(Check all that apply) RECEIVED Tax grievance Building Permit �o�� 'Variance Trustee'Permit Change of Zone Coastal Erosion ZONING BOARD OF APPEALS Approval of Plat Mooring Other(activity) Planning Do you personally(or through your,compauy,spouse,sibling,-parent,or child)have a relatidn'ship 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 oremployee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more'than 5%of the shares. YES NO X If you answered"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/repi'esentative)and the town officer or employee.Either checic.the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the,owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant,is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this +} day of April .20 17 Signature _j Print Name Jeffrey S.- MacDonald RECEIVED r JUN 0 6 2017 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 20NING 130ARD OFA ' PPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees Th'e 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. VOURNAME" MacDonald, Courtney S. •(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.) TT'PE OF APPLICATION:(Check all that apply) Tax grievance Building Permit- Variance X TrusteeTermit Change of Zone _ Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you peesonatly(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 S%of the shares. AYES NO X_ If you answered"YES",complete the'balanee 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 applicantlagent%representative)and the town officer or employee:Either check'ttie appropriate line A)through D).and/or describe in the space provided. The town officer o`r,employee or his or her spouse,sibling,parent,or child is(check all that,apply) f -A)the ownerof greater that 5%of the share§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) t C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIP'T'ION OF RELATIONSHIP Submitted"this ,) day of April ,20 17 Signature Print Name Courtney S., MacDonald I AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORMpEE RECEIVE® The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emDlovJDJ*l tAr0 W►f 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. ZONING BOARD OF APPEALS YOURNAME : Ham, Stephen L. , III, as agent for Jeffrey S. & Courtney S. MacDonald (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 X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"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 y_ JA— Submitted this.5 ^1 /day of Ap*4,l_ ,20 17 Signature �1 L. — Print Name Stephen L. Ham, III � ��r"err '•� � ��� � ♦*ya 1, .. ; `IN �i 41 All folk me �� y� P � f • _o4_ ♦ _ • r1 rn o CU 94 jr r �I �.� 1 • .' 7 t " r _ .l ti r Y' .1� 1 ' 20161019. 133050jpg https://mail-google.com/—/scs/maii-sta _ • 1 • , • i • rn v of ! ' _o. . • •�� 4 r i i z • rn • y ' of i MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORx 11988 PHILIP B.MATTHEWS (1912-1982) 631-283-2400 STEPHEN L.HAM, III FACSIMILE 631-287-1076 BARBARA T. Herl e-marl.Matthamesq@aol.com June 5, 2017 BY UPS Ms. Kim Fuentes D �� R'Fll p� Town of Southold JUN _ 6 7017 Board of Appeals 54375 Main Road ?� Southold, NY 11971 Re: Application of Jeffrey S. and Courtney S. MacDonald (SCTM No. 1000-006.00-02.00-013.001) Dear Kim: In connection with the referenced application, I have enclosed nine sets of the following: 1. Applicant Transactional Disclosure Forms, one each signed by the owners, Jeffrey S. MacDonald and Courtney S. MacDonald, and one signed by me as agent. 2. Notice of Disapproval, dated May 15, 2017. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description. 4. Questionnaire, signed by me as agent, together with a copy of Certificate of Occupancy No Z9728 and a copy of Certificate of Occupancy No. Z18074. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. RECEIVED' . JUN6 2017 Ms. Kim Fuentes 2017,1 Ms. Page 2 June 5, 2017 ZONING BOARD OFAPPFALS 8. Copy of current assessment cards for the subject premises from the Office of the Board of Assessors. 9. Letter of authorization, dated April 17, 2017, signed by Jeffrey S. MacDonald and Courtney S. MacDonald, authorizing me to act as their agent in connection with this application. 10. Set of four photographs, the first showing the existing conditions with the former deck having been removed and the last three showing the former deck from different vantage points. 11. Survey Map prepared for Jeffrey S. MacDonald and Courtney S. MacDonald by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated April 19, 2017. 12. Set of Plans and Elevations consisting of pages A-101 and A-102 titled "MacDonald Residence - Single Family Residence Deck & Pergola Addition" prepared by Peter J. Springsteel Architect LLC. I have also enclosed my check to the Town of Southold in the amount of the $1,000 application fee. Please review the enclosed-and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, 44L�, 4z, Stephen L. Ham, III Enclosures l o�®�VFfOL�►c®G ELIZABETH A.NEVILLE,MMC may. Town Hall,53095 Main Road TOWN CLERK PO Box 1179 N Southold,New York 11971 REGISTRAR OF VITAL STATISTICS V . • Fax(631)765-6145 MARRIAGE OFFICER 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 Board of Appeals FROM: Elizabeth A Neville DATE: June 14, 2017 RE: Zoning Board of Appeals—7090 Mac Donald, Jeffrey Transmitted herewith is Zoning Appeals No.—7090 Mac Donald, Jeffrey Application for variance to the Southold Town Zoning Board of Appeals. Also enclosed is Building Department Notice of Disapproval, Applicants project description, ZBA questionnaire, Certificate of Occupancy#Z9728 & Z18074, SEAF, LWRP consistency assessment form, agricultural data statement, property card front and back, authorization letter, transactional disclosure form applicant and agent, four (4)pictures, cover letter from Matthews &Ham, survey and floor plans. , * * * RECEIPT * * * Date: 06/14/17 Receipt#: 222217 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7090 $1"00000 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#15212 $1,00000 Matthews, & Ham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: LYNDAR Internal ID•7090 lfi- J� ,o MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW n� 38 NUGENT STREET /�!off,,/ SOUTHAMPTON, NEW YORE 11988 PHILIP B. MATTHEWS (1912.1992) 031-283-2400 STEPHEN L. HAM. III FACSIMILE 831-287-1078 BAaseaw T.HAM e-mail.Manhamesq@aol.com October 5, 2017 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of Jeffrey S. MacDonald and Courtney S. MacDonald (SCTM No. 1000-006.00-02.00-013.001) This Memorandum is being submitted in supportlof the application of Jeffrey S. MacDonald and Courtney S. MacDonald (Application No. 7090) for variances relating to premises owned by them at 328 Avenue B, Fishers Island, New York(SCTM No. 1000- 6-2-13.1). BACKGROUND FACTS The applicants are requesting variances to the Southold Town Zoning Code (the"Zoning Code")to permitthe reconstruction of a deck and pergola attached to a single- family residence at their approximately 0.25-acre parcel as shown on the Survey Map prepared for Jeffrey S. MacDonald and Courtney S. MacDonald by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of April 19, 2017 (the "Survey"). The original deck was the subject of a building permit issued by the Town Building Department (No. 18143Z) which was closed out under Certificate of Occupancy 1 No. Z18074, dated June 2, 1989. With the original deck being in a state of disrepair, the MacDonalds hired a contractor to rebuild it. Not realizing that the deck was nonconforming as to its front yard setback, the contractor removed it in its entirety, necessitating the need for a setback variance before it could be replaced. In connection with the MacDonalds' prospective application for a setback variance,their surveyor determined that replacing the deck in the same footprint would cause the maximum lot coverage on their parcel to be exceeded, thereby necessitating the need for a second variance to deal with that issue. VARIANCES REQUESTED Under the proposed plan,the MacDonalds are requesting variances to permit the reconstruction of a deck and pergola in the same location and in precisely the same footprint as the previously existing deck that was removed last November. The variances relate to the requirements under Section 280-124 of the Zoning Code pursuant to which a lot with an area of less than 20,000 square feet is required to have a minimum front yard setback of 35 feet and a maximum lot coverage of 20%. Since the use of the single-family dwelling with an attached -deck is a permitted use in this R-40 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)areas follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the 2 variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. ANALYSIS OF AREA VARIANCE STANDARDS 1. Relative Benefit and Detriment. The MacDonalds intend to reconstruct their deck as an attachment to their single-family residence in a residential zone. The new deck will replace the one removed earlier this year in the same footprint and maintain the same setback (between 26.3 feet and 30.9 feet) from Avenue B as the former deck. The pergola will be in the same footprint as the proposed and former deck. There will be no detriment to the health,safety orwelfare of the neighborhood by the granting of the requested variances. The use for residential purposes is a permitted use. There will be no increase in noise or traffic. As discussed below, the character of the neighborhood will not be adversely affected nor will there be a significant impact on physical and environmental conditions at the site. Moreover, the relief requested is not substantial when compared to the Zoning Code requirements. Underthese circumstances,the benefit to the applicants of the reconstructed deck clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The reconstruction of the deck in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. The immediate neighborhood consists of similarly sized lots with similarly sized and long-established houses and accessory structures that occupy significant percentages of their respective lots. While the MacDonalds' proposed deck will maintain an average front yard setback from Avenue B of 28.6 feet, the front yard setback of the deck on the property adjoining the subject property on the west (owned by Donald and Viola Meyer) is 3 } loft� only about 12 feet. And it is the Meyer property that is the one closest to the proposed deck and arguably the only one in the neighborhood that would be impacted by the reconstruction. 3. Alternatives. As can be seen from the 35-foot dimension shown on the Survey, maintaining a setback of that distance from Avenue B would permit construction of a deck that would be only about half the size of the deck that had been in the same location for nearly thirty years. Given the small size of the subject parcel, the proximity of Avenue B to the existing house and the presence of a right-of-way surrounding two other boundaries of the property from which front yard setbacks must be measured, short of not rebuilding the deck at all, there are no alternatives in this case. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. There is simply not a feasible location on this parcel where a deck of the same size and configuration could be built without the owners coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. Even if there had not previously t been a deck in the same location and if entirely new construction were being proposed with a front yard setback of 26.3 feet and minimum average setback of 28.6 feet, the setback variance of less than ten feet would be relatively minor as would the lot coverage variance where the proposed coverage of 21.4% is exceeded by only 7%of the maximum permitted (20%). In this case, however, the degree of the variances requested is even less significant in light of two factors: (i) less than one year ago and for about thirty years before that,there had existed at this site a deck of precisely the same size with precisely the same front yard setback as the one proposed; and (ii) the only property that could conceivably 4 io �ID be impacted by the reconstructed deck is the Meyer property which has a deck with a front yard setback from the same street of less than half the setback of the proposed deck. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. The portion of the property where the new deck will be located has already been disturbed by the removal of the former deck. There will be no new grading and no removal of fill from the site. According to the report of the Town Engineer delivered to your Board, no additional drainage or erosion controls would be required as a result of the proposed reconstruction. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. The former deck was covered by a building permit and Certificate of Occupancy and the applicants are now applying for a permit to reconstruct it in the same location. They are not seeking to legitimize any illegally built structures. The difficulty arises from the size and configuration of the,subject parcel and the location of its preexisting structures, not from any acts or omissions of the applicants. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the MacDonalds to reconstruct a deck on their property should be granted. S.L.H., III 5 BOARD MEMBERS ��OF SU�j�o Southold Town Hall Leslie Kanes Weisman,Chairperson �® 1 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyC®m� 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, OCTOBER 5, 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, October 5, 2017: 10:00 A.M. - JEFFREY S. MACDONALD AND COURTNEY MACDONALD #7090 — Request for Variances under Article XXIII, Section 280-124 and the Building Inspector's May 15, 2017, Notice of Disapproval based on an application for a permit to reconstruct an existing deck and pergola attached to an existing single family dwelling; at: 1) less than the code required minimum front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20% at: 324 Avenue B, Fishers Island, NY. SCTM#1000-6-2-13.1. 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: September 21, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of 0 'D U Jeffrey S. MacDonald and Courtney S. MacDonald AFFIDAVIT OF MAILING S.C.T.M. No. 1000-006.00-02.00-013.001 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 14th day of September, 2017, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 1 G ��. L• f — Stephen L. Ham, III Sworn to bpfore me this 2� lf"d f September 2017 of Publi f New York GREGG X MARSDEN Notary Public-State of New York N0. 01 MA6326364 Qualified in Suffolk County My Commission Expires Jun 22,2019 D` w • • A DELiVERY Signature ■ Complete items 1,2,and 3. X M Agent ■ Print your name and address on the reverse ❑Addressee c,� so that we can return the card to you. g, Received by(Printed Name) C. t of Deliv ry \� ■ Attach this card to the back of the mailpiece, 1111 or on the front if space permits. Yes 1. Article Addressed to: D. Is delivery address different from item 17 If YES,enter delivery address below: p No Kevin C. Coleman Leslie R. Coleman 145 East 74th Street - #6C New York, NY 10021 ❑Priori Mail Ex ress® l IIIIIIIII Illi VIII Ill ll oil iii IIIIII I ilii I I III FAdult e Type Priority p gnature ❑Registered Mall"' ignature Restricted Delivery ❑Registered Mail RestrictedlMad® Delivery 9590 9403 0349 5163 8543 73 d Mail Restricted Delivery ❑Return Receipt for on Delivery Merchandise on Delivery Restricted Delivery ❑Signature ConflrinatlonT"' �2. Art icle_Number_(Transfer from service 1abe9 '__ i signature Confirmation 56ed Mail Restricted Delivery Restncted Delivery 1 ! 7016: ;3 _o !Obbb 66`:36, 053 ; r $5co)� t : r• t PS Form'Domestio`Return Receipt 3811, `April 2015"PSN 7530=02-600-6053 i_ •m pL S SECTION ON DELIVERY •�R,�r C?MPLETE,THIS SECTION' ■ Complete items 1,2,and 3. A. Si ature t ' ■ Print your name and address on the reverse X /. Addressee so that we can return the card to you. g ;eived b (Pr' neq ate of Delivery s ! ■ Attach this card to the back of the mailpiece, { or on the front if space permits. er 1. Article Addressed to: A 1 D. Is delivery address different from item 17 ©Yes If YES,enter delivery address below p No Pierce.Rafferty P. 0. Box 25 Fishers,.,Island, NY 06390 IIt 3. Service Type ❑Priority Mail Express® II I IIIIII illi III D I I I II(III II I i II I I I lu 11 I Ill ❑Adult Signature ❑Registered Mall TM ElR Adult Signature Restricted Delivery ❑Registered Mail Restricted i IM Certified Mall® Delivery 13 0349 5163 8503 59 E3Certified Mail Restricted Delivery [3Return Receipt for 9590 ( ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ElSignature Conflrmation- I L. Article Number(Transfer from service labeO —,,--.-Id ❑signature Confirmation 1 + ed MaII RestHcted Delivery !! Restricted Delivery 7016 35601 x000166301 d55'•St f x$500) PS Forret 3811;April 2015,PSN 7530-02-000-9053 : i Domestic Return ReceiptCOMPLETE-TH/S�3ECTION ON DELIVERY , • A. Signature l ■ Complete items 1,2,and 3. ent ■ Print your name and address on the reverse X ❑Addressee i so that we can return the card to you. B. ece' aVe) C. Dat of Delivery i 1 ■ Attach this card to the back of the mail piece, 1y or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: ❑No Robert L. Hansell 1 Phyllis Shanley i i 18 Brunswick Road I Montclair, NJ 07042 pe ❑Priority Mail Express®Mall ! 3. Service Ty II I IIIIII I'll VII I I I I II Illi III I(III I III I II I III , D Adult gnature Restricted Delivery ❑Registered Mail istered ❑Adult SiRestricted ieTl I l 1 Certified Mail® Delivery 9590 9403 0349 5163 8503 42 ❑Certified Mail Restricted Delivery ❑Return Merchanndisedise Receipt [2 Collect on Delivery ❑Signature ConfirmationTm Collect o El Collect Delivery Restricted Delivery ❑Signature Confirmation 2. Article Number(transfer from service label)____- sured Mail Restricted Delivery (sured Mail Restricted Delivery 7016 .3560: 00.00.. 6630 0562 ver$500) PS'Foml 3811,April 2015 PSN 7530-02-000=9053 l Domestic Return Receipt ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 6-2-9 Kevin C. Coleman Leslie R. Coleman 145 East 74" Street - #6C New York, NY 10021 6-2-16.3 Donald Meyer Viola Meyer 397 Bennington Lane Lake Worth, FL 33467-3021 6-2-17.5 Pierce Rafferty P. O. Box 25 Fishers Island, NY 06390 6-2-22.3 Robert L. Hansell Phyllis Shanley 18 Brunswick Road Montclair, NJ 07042 0 6-2-22.4 James D. Mannetti Laura T. Mannetti 6206 Sugar Hill Drive Houston, TX 77057 J a Postal -ED MAIL@ QxEIPT i. • "1 CERTIFIEDo . ■ Ln !O Ul�- � •AK.E ORS=H: M Certified Mail Fee - I Q FTH g A L U �o $ $3.3.1 i 1963 a ti Extra Services&Fees(checkbox,eddies�s7oµcd j Certified Mall Fee $3.35 ,f1 ❑Return Receipt(hardcopY) $ 7�1�:!�l�a�) .i��l► To �.� $ - e �p•f7ti 0 ❑Return Receipt(electronic) $ 1 I 't`` J, ...� EMra Services&Fees(check box add feepgapAgslrate) *� OO ❑Certified Mall Restricted Delivery $ ¢I�} Imo_ tk_ { ❑Return Receipt(hardcopy $ i+U ❑Adult Signature Required $—$k}.1k� re " f' t7 ❑RetumRecelpt(eleclronic) $ $ _ PUStm t pp �t y ❑Certied Mail Restricted Delivery $ Ilf...��� MPHI,4 LV�� ❑Adult Signature Restricted Delivery rt f420I• 1O ❑Adult Signature Required $ ��• .�n , Cl Postage 0 5.;.— ,� $0.49 __ []Adult Signature ResMcted Delivery$ LnTotal Postage and Fe@s 1019/1 12 ( Postage $0.49 VAQ p Sent To t•ri Total Postage and aes 09/17 : M 6.59 'I Kevin C. Coleman -- Leslie R. Coleman $ O Set"d pt 11(0.;0- xN. .0 Sento 0 --------------- �r Y�+ est Y'pt�Pi Street - ��6C a �onald Meer :& Viola_Meyer___________------------- -----------Ci, ttIP+ ab--------------------------------------------------------------- p Street anApt.lUo.,or Po$ox No. ... tt 397 Bennin ton Lane ew 'York, NY 10021 - - -- ---- --------------------------------------------- 777777".' -- -- ----- :.. , City tsf ZIP+ �'- ' - '� "'•' - �aetre Worth FL 33467-3021 P• - Postal e o ■ I M CERTIFIED, e o ■ Er ECEIPT ° �► DomestiC Mail • nly U1 Ln CI c Ln ' HOU �!' � 7 a o � $3.35 ! � � � 1 M9 Certdted all Fee 5 C3 , Gr. r m Cert(fied Mail Fee 5 -� $ Pvll�r�, -� $ $s.,��. Ci968 •••3 Extra ServicesFees(cphyeckbox ad$d teq�app�pda�) �,1 p. Ory, '�� ...� Extra Services pt(hardcopy) a$fcap�ppgr�y I, P ❑Return Receipt(hardco ?'V L,C' `` vV r3 ❑Return Receipt(electronic) $ I I I J Q ❑Return Reset ate) ],O . O postmark �✓ I ❑Return Receipt(electronic) $ I—J� J POe/rk O ❑Certltled Mall Restricted Delivery $ gill_(]� 0 H6r-• •- „� ❑Certified Marl Restricted Delivery _ 0 ❑Adult Signature Required $_ fy r}fr - tO 1� ry $ j �.oi*:v— �p i 4 201 ,, ❑Adult Signature Required $ Hera ❑AduitSlgnature Restricted Delivery$ �Lf -- O q O 2017,2017,Postage ---..--,- ❑Adult Signature ResMctad Delivery$ •1.4 � $ $1:1.49 y C3 Postage-1 $1].49 m Total Postage and 09 4 Q $ ' c 9 _U°U5 t Total Postage and �: $ i^� s`9 6� US 1. $ Se To '' �n Sent To r- ames D. Mannetti &' Laura T. Mannetti rq Pierce Rafferty ----------------------------------------------------- I O Sheet an 'E No.,orpb Box No. I O StreetandApt 1Uo.;orpO BozNo:-"---"'-"------------ 1t 6206 Sugar Hill Drive n- cr";State,ZIP+4 -- ---• -- --- ---------------------------- 0. Box ouston. TX 7 Crtl:State;ZlP+4a- -"------- ------------------------------------------ 7705 Fishers Island, Ny - ,•� . 06390 4 1 ' • CERTIFIED MAIL@ RECEIPT 111 Doirnestic • nly 0 Ln ' • 1 O Certified Mail Fee m $3. ,5 0968 –0 Extra Services Fees(checkbox,eddfee O ❑ReturnRecelpt(hardcop� $ �f; fate) �,� Q • /� V E-3 ❑Return Receipt(electronic) $� .�1 I i/ 10 ❑Certified Mall ResMcted Delivery $ 1}.I}fl Postmark ❑Adult Signature Required $ li t+i lere -Ir g��� ❑Adult Signature Restricted Delivery$ CI Postage $1-1.49 -0 $ Lr) TotalPostage 59 `9TH ej - s ..•p Sent To �r-qo -!grtRL. Hansel E3 StreetandApt.A(o.,orPbBoxNo: tti18 Br ; unswick Road tl.,State ZIP+4a -- -------------------------------------------- ---------------- Montclair NJ 07042 M. r , ...•. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------- -,---,- -----------------x In the Matter of the Application of Jeffrey S. MacDonald &Courtney S. MacDonald AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. Nos. 1000-006.00-02.00-013.001 -------------------------------------------------------------x COUNTY OF HARTFORD ) ss.: Hartford STATE OF CONNECTICUT ) I, Jeffrey S. MacDonald, residing at 202 Ferry Lane, South Glastonbury, Connecticut, being duly sworn, depose and say that: On the V tday of September, 2017, 1 personally placed the Town's Official Poster,with the date of hearing and nature of the application of Jeffrey S.MacDonald and Courtney S. MacDonald noted thereon, securely upon the property of Jeffrey S. MacDonald and Courtney S. MacDonald, 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 (near the entrance or driveway entrance of the property,as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be October 5, 2017. - Jeffrey . MacDonald - Swam to fore me this 2 G+�' day of Sept er,,- 7 .-- /, toft. Pubic) cyntHp comnissioa expires: /30/202 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK no68 PHILIP B. MATTHEWS (1912-1992) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM e-mail:Matthamesq@aol com September 27, 2017 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Jeffrey S. & Courtney S. MacDonald (SCTM No. 1000-006.00-02.00-013.001) Dear Kim: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the several properties to be notified, the five original certified mail receipts and three of the five signed green return receipt cards. I have also enclosed a copy of the signed and sworn to Affidavit of Posting. I will deliver the original of that Affidavit and any outstanding green cards upon receipt or, if not received until next week, at the hearing. Sincerely, 6L" Stephen L. Ham, III Enclosures ZONING BOARD'-OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Jeffrey S. MacDonald & Courtney S. MacDonald AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. Nos. 1000-006.00-02.00-013.001 -----------------------------------------------------------------------x COUNTY OF HARTFORD ) ss.: Hartford STATE OF CONNECTICUT ) I, Jeffrey S. MacDonald, residing at 202 Ferry Lane, South Glastonbury, Connecticut, being duly sworn, depose and say that: On the 1G''"day of September, 2017, 1 personally,placed,the Town's Official Poster,with the date of hearing and nature of the application of Jeffrey S. MacDonald and Courtney S. MacDonald noted thereon, securely upon the property of Jeffrey S. MacDonald and Courtney S. MacDonald, 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 (near the entrance or driveway entrance of the.property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be October 5, 2017. Jeffrey . MacDonald Sw6rn'to fore me this Z G day of ept er 7 44 ( o Pub ic) -Cyn a ,- enz , my comission expires: /30/202 ti #0002124400 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 09/28/2017 l Principal Clerk Sworn to before me this day of jne�z�l� . dt'_� CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 ,Qualified in Suffolk County PAY COMM166JOR hPlfa§February 28,2020 TYPESET Mon Sep 25 15 30 04 EDT 2017 setback of 15 feet; 2) existing accessory LEGAL NOTICE garage located in other than the code re- SOUTHOLD TOWN ZONING BOARD quired rear yard at:2875 Pine Tree Road, OF APPEALS Cutchogue,NY.SCTM#1000-104-3-7. THURSDAY,OCTOBER 5,2017 11:00 A.M.-BRION LEWIS#7086SE— PUBLIC HEARINGS Applicants request a Special Exception un- NOTICE IS HEREBY GIVEN,pursuant to der Article HI Section 280-13B(14). The Section 267 of the Town Law and Town Code Applicant is the owner requesting au- Chapter 280(Zoning),Town of Southold,the thorization to establish an Accessory Bed following public hearings will be held by the and Breakfast,accessory and incidental to SOUTHOLD TOWN ZONING BOARD OF the residential occupancy in this single- APPEALS at the Town Hall, 53095 Main family dwelling,with three(3)bedrooms Road,PO. Box 1179,Southold.New York for lodging and serving of breakfast to the 11971-0959, on THURSDAY, OCTOBER B&B casual, transient roomers. Located 5,2017. at: 315 Maple Lane, Southold, NY. _ 9:30 A.M. - ROMAN WATROBA — SCTM#1000-64-1-24. _ COUNTRY CAR WASH#7082SE—Re- 11:30 A.M.BARRY D.BARTH#7095— ��— quest for Special Exception per Town Request for a Variance under Article XXH, Code,Article XI,Section 280-48 B(11),the Section 280-116 and the Building Inspec- applicant is requesting permission to legal- tor's June 1,2017,Notice of Disapproval ize"as-built"additions to an existing car based on an application for a permit to wash (automobile laundry), located at: construct additions and alterations to an 6565 NYS Route 25, Laurel, NY. existing single family dwelling; at: 1) lo- SCTM#1000-125-1-19.5. cated less than the code required 100 feet 9:40 A.M. - ROMAN WATROBA — from the top of the bluff-,at:2040 Central COUNTRY CAR WASH#7084—Request Drive,(Adj. to Long Island Sound)Mat- for a Variance under Article XI,Section tituck,NY.SCTM#1000-106-1-26. 280-49 and the Building Inspector's May 1:00 P.M. - STEVEN AND JANINE 11,2017,Notice of Disapproval based on an RACANELLI #7096SE — Request for a application for a permit to legalize "as- Special Exception per Town Code,pursu- built"additions and alterations to an exist- ant to Article VIII,Section 280-38 B(3),the ing car wash (automobile laundry; at: 1) applicant is requesting permission to con- less than the code required minimum side vert an existing two story single family yard setback of 25 feet;at:6565 NYS Route dwelling into a professional office with sec- 25,Laurel NY.SCTM#1000-125-1-19.5. and floor apartments,located at:870 Love 9:50 A.M.-ANTHONY PIROZZI,JR. Lane,Mattituck,NY.SCTM#1000-140-2- #7089—Request for a Variance under Arti- 17. cle XXIII, Section 280-124 and the 1:10 P.M. - STEVEN AND JANINE Building Inspector's May 24,2017,Notice RACANELLI#7097—Request for a Vari- of Disapproval based on an application for ance under Article VIII, Section 280-39 a permit to construct additions and alter- and the Building Inspector's June 29,2017, ations to an existing single family dwelling; Amended June 30,2017,Notice of Disap- at:1)less than the code required minimum proval based on an application for a permit side yard setback of 15 feet;at:1769 Smith to convert a single family dwelling into a Road,(Adj.to Hog Neck Bay)Peconic,NY. professional office with residential SCTM#1000-98-4-20. apartments above,and to convert an open 10:00 A.M. - JEFFREY S. MAC- porch into conditioned space;at:1)1)less DONALD AND COURTNEY MAC- than the code required minimum front DONALD#7090—Request for Variances yard setback of 50 feet;at:870 Love Lane, under Article XXIH,Section 280-124 and Mattituck,NY.SCTM#1000-140-2-17. the-Building-Inspector's- May-15,201-7 No TheBoard-of-Appeals-will-hear-ali-person tice of Disapproval based on an application or their representatives,desiring to be heard at for a permit to reconstruct an existing deck each hearing,and/or desiring to submit writ- and pergola attached to an existing single ten statements before the conclusion of each family dwelling;at: 1)less than the code hearing Each hearing will not start earlier required minimum front yard setback of than designated above Files are available for 35 feet;2) more than the code permitted review during regular business hours and maximum lot coverage of 20%at:324 Ave- prior to the day of the hearing If you have nue B,Fishers Island,NY.SCTM#1000-6- questions,please contact our office at,(631) 2-13.1. 765-1809,or by email: 10:15 A.M.-FRANK MCGINNIS AND KimF@sotitholdtownny gov CATHERINE MCGINNIS #7092 — Re- Dated September 21,2017 quest for a Variance under Article XXIII, ZONING BOARD OF APPEALS Section 280-124 and the Building Inspec- LESLIE KANES WEISMAN, tor's June 7,2017,Notice of Disapproval CHAIRPERSON based on an application for a permit to BY Kim E Fuentes legalize "as-built" additions and alter- 54375 Main Road(Office Location) ations to an existing single family dwelling; 53095 Main Road(Mailing/USPS) at:1)less than the code required minimum PO Box 1179 front yard setback of 35 feet;at:490 Windy Southold,NY 11971-0959 Point Lane, Southold, NY. SCTM#1000- 2124400 78-6-11. 10:30 A.M. - ARTHUR GRUNEISEL AND JULIANE TOMISER GRUNEISEL #7093—Request for Variances under Arti- cle III,Section 280-15;Article XXIII,Sec- tion 280-124;and the Building Inspector's June 7,2017,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing sin- gle family dwelling and an existing acces- sory garage;at:1)proposed additions less than the code required minimum side yard 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 September 11, 2017 Re : Town Code Chapter 55 -Public Notices for Thursday, October 5 , 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 September 18th: 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 September 25th: 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 September 27th: 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 October 3, 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 i4u' Tlt'. E U' F HEARIi4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : MACDONALD , JEFFREY #7090 CTM # : 1 000-6-2 - 1 3 . 1 VARIANCE : YARD SETBACK & LOT COVERAGE r-,EQUESTO RECONSTRUCT - DECK/PERGOLA DATE : THURS . , OCT. 51 2017 70 : 00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 J BOARD MEMBERS OF S0 _ Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'Co� Southold,NY 11971_ http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 MEMO TO: ENGINEERING r FROM: Leslie K. Weisman, ZBA Chairperson DATE: June 30, 2017 SUBJECT: Request for Comments ZBA# 7090 MacDonald, Jeffrey (1000-6-2-13.1) The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT, TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF DIST SURVERY/SITE SURVEY/SITE PLAN PLAN MACDONALD, 1000- 7090 October, Art. XXIII April 19, 2017 CME Jeffrey S. 6-2- 5, 2017 Sec. 280- Associates 13.1 124 Engineering, Land Surveying & Architecture, PLLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. Sakarellos, Elizabeth From: Glew, Claire Sent: Monday,June 12, 2017 12:52 PM To: Sakarellos, Elizabeth Subject: 6.-2-11 Hi Liz, I checked with Suffolk County and they have a note that says private road,joint ownership, no names listed. So I guess you can just jump over that parcel and do the one next to it. CLa.�4-el(�leW Sr. Assessment Assist. Town of Southold Board of Assessors (631)765-1937 i BOARD MEMBERS trzF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson �� H� 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 0 ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'OQUNI� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 June 7, 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 # 7090 Owner/Applicant : MacDONALD, Jeffrey Action Requested: Reconstruct an existing deck/pergola on an existing single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Crerson l By: 1 Y Encls. BOARD MEMBERS Of SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson �* H� 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 l�'COU �`C.` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 October 24, 2017 Stephen L. Ham, III Attorney at Law 38 Nugent Street Southampton,NY 11968 Re: ZBA File# 7090 328 Avenue B, Fishers Island SCTM No. 1000-6-2-13.1 Dear Mr. Ham; Transmitted for your records is a copy of the Board's October 19, 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, H- 1-- Kim E.Fuentes Board Assistant Encl. cc: Building Department N 410 5e4 wiett boyvJdi /SENO r {{/ 11�+ aa,3 q 'A 121 �' S 1 2A(c) m CRESCENT A N Vg � l Po 16 `\ 4 15 4A `��� ,1, 2'3'A 51 ,a a \-- d' 9 ml les 14A 61 10 1 OA 3 7 1 8A 62 3 11A T _ II i Aj '� `7(� a ,a 4 '�qP M1 e , 3622A(c) ra, 93 3 35\mr 8� X13.'18 varwltlfA Q a 5 a 91 9 .\ 17 3 8 1 0 me w W rm 92 3 g•� 1 A 1 6A Y S y223 4 9 4 � 34' ,ro m 1wV st 124� � Q 3 39A 312' " 1 4A a 4 2m o 23 R"0, ar 2 O R a 6 /s• o a'22 2= 1 2A y z 3 313 OJ y �� ,1a + aep = a za4 tse, m 33 17 2 u 21 1 22b rs U s 1 az 1sa R9 12A 18 1w ,w m' 81 71 314 ,w AVE FOXmVE a lul 1 6A$ / 112) >i i4 +x1 CRESCENT 4 m `99 n 3 15 +'� >S x+ 15 ,�p m (SU') m �4 y1 AVE (OMEN SPACE z� _ 1 y » s 6 N 82 ,se saa S ,4 6 91 _ n S21 ss tw 8 21A 9�q 20A M7 �• 83 '1 5 1 141 34A(c) 1 3A c $ +p5 18 129A K N 30 x.e xa .m9 tl 1za w d T 21A za+ O GE v 1 6A >s o p= a pa17 2 'P .1 �,10 8 13 - b 2mnU vz x 33A -. 17 7 m 14A 'a n 8 /� •bpi� +^ 1z '`' 206 �_. 7 G't s J 1 4A(C) ;I 6 \ 13 — 23A m 11 1 11A( a rm 15 a +� m 203 11OA 14 21. 161 era 4n rso 9 14A AMERICAN f 38A(c) 6A Lh0 o g e LEGION r> - / 9 y� " 1a pi 7 4 5 S a 9 Q N 9N pW q' 31 8 . r 171 1 2A(c) tz 6 3 205 xos �m _ 0 O 18 $ 24A 162 ^� r '� 9 N 1 OA 1 OA(c) u, 033 71g P za v, 6 15A 11A(c)8 • _ 19 p xs ae 11 `10 1 3A a 140 e � g 2 e 11 $ H 2 8 1 zez m � m W xax 8 10 U V N 4G6,884 207 q" U 13A y 20 8 13A CENT[ u4 w AVE fs01 K FISHERBISIANDSOUNO SOUTHOLD SECTION NO s NOTICE COUNTY OF SUFFOLK © E 1� T°w"°F M1ER www MAINTENANCE,ALTERATION SALE OR �� V� Real Property Tax Service Agency v YUVT DISTRIBUTIONOFANY PORTIONOFTHE 2 VILLAGE OF 6 County Center RrverheaE,N Y 11901 M 130 000 'u5E 81 SUFFOLK COUNTY TAX MAP IS IN OF T 1TE0 ^4f y SCALE IN FEET STE,MTER WTHOUr WRITTEN PERMISSION OF THE ��y� 100 0 7m a00 A DISTRICT NO 1000 REAL PROPERTYTA%SERVICEAGENCY P �y 010 PROPERTY MAP CONVERSION DATE Feb 10 2011