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HomeMy WebLinkAbout7095 e' f , 1pr 4,T11 b . 4/0 �67,v%, k k� 149'111 I Uc / f}i2� PIl Sec- cmo - f14 /o/5117 13rpr. Wl s ("10111 ,BARTH, BARRY 106=1=26'5625 JD DEMO OLD &BLD NEW DECK—BLUFF SB 2040 CENTRAL DR MATTITUCK _ { �F I!- to -os 1 d�a-—v`f �.R �� j�-err-°moi►- °�'J r 0 f C r CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for prior) to o Q ( ) Assign next number on li! Q outside of file folder h �' N ( ) Date stamp entire originz o file number 00 co N 00 ( ) Hole punch entire origins 3 X o 0 � G) � � (before sending to T.C.) �' � h o � o G7 � n W ( ) Create new index cardrn ? : 3 , 7 v `� ( ) Print contact info & tape t zN z _ ( ) Prepare transmittal to To 0 co 1 0 ( ) Send original application v (� �, co to Town Clerk rn ( ) Note inside file folder w/p; O and tape to inside of folde m ( ) Copy County Tax Map; high o neighbors and AG lots -n ( ) Make 7 copies and put wit[ m ( ) Do mailing label 0 m CTI7 BOARD MEMBERS �F $oUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes c/a ar Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • yQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OMNI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-'Fax(631)765-9064 4ECEIVED 1 .31Pin FINDINGS,DELIBERATIONS AND DETERMINATION ?(��l MEETING OF OCTOBER 19,2017 (,L ZBA FILE 7095 Southold Town Clerk NAME OF APPLICANT: Barry D. Barth PROPERTY LOCATION: 2040 Central Drive Mattituck,NY 11952 SCTM No. 1000-106-1-26 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration,in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 20, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the coordinator's recommendation that the proposed action is CONSISTENT with the LWRP Policy Standards and ' therefore is CONSISTENT with the LWRP. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, received September 21, 2017, an inspection of the property was conducted on September 1, 2017. The agency technician observed the bluff in excellent and stable condition with vegetation cover and the yard leading to the bluff top also well vegetated. Although, there are no apparent concerns involving runoff or erosion, it is recommended that heavy machinery, equipment or supplies be stored or used a minimum of 25 feet setback from the bluff top edge. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 61,585 sq. ft. parcel in the R-40 Zoning District. The parcel measures 77.30 feet along the northerly property line fronting the Long Island Sound, measures 618.41 feet along the westerly property line, measures 120.00 feet along the southerly property line fronting Central Drive and measures 658.99 feet along the easterly property line. The parcel is improved with a one story frame house and basement and two wood detached accessory decks all shown on survey prepared by Nathan Corwin Taft, III,L.S., last revised may 15, 2017. BASIS OF APPLICATION: Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's June 1, 2017,Notice of Disapproval based on an application for a permit to construct additions and Page 2, October 19, 2017 #7095, Barth SCTM No. 1000-106-1-26 alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff, at: 2040 Central Drive, (Adj.to Long Island Sound)Mattituck,NY. SCTM#1000-106-1-26. RELIEF REQUESTED: The applicant requests variances to construct a 10 ft by 13 ft. wood deck having a distance of 89.4 feet from the top of the bluff along Long Island Sound and a ground level one story addition to be used as an artist studio space measuring 21.3 ft. x 17 ft. with a bluff setback of 96.6 ft. A car port is proposed under the studio addition. The code requires a minimum bluff setback of 100 ft. ADDITIONAL INFORMATION: A prior decision by this Board, Appeal No. 5625, dated December 2, 2004, granted a variance for an accessory wood decks located 76.5 feet from the top of the bluff. Inspection of the property shows a well vegetated, stable bluff face. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 5,2017at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance(s)will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existence of many mature trees and native vegetation In the rear yard and around the home, makes the entire parcel very private.No neighboring homes on either side of the subject dwelling can be seen when in the driveway, the front or rear yards of the subject property. Therefore the proposed additions will have no visible impact on the character of the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The topography of the subject property contains large slopes and the proposed deck and dwelling additions are located on relatively flat areas that work well with the layout of the existing dwelling, both of which make the proposed construction most functional in the proposed locations. 3. Town Law X267-b(3)(b)(3). The variance granted herein for the proposed deck addition is substantial at 10.6% relief from the code. However,the bluff face is very stable and well vegetated with native plants and shrubs and the property received prior ZBA approval for an accessory deck located 76.5 ft. from the top of the bluff. He variance granted for the proposed studio addition is not substantial at 3.4% relief from the code. 4. Town Law $267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential. community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the recommendation of Suffolk County Soil and Water as conditioned herein. 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 purchase. 6. Town Law §267-b. Grant of the requested relief) is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a studio addition and small wood deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, October 19, 2017 #7095, Barth SCTM No. 1000-106-1-26 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Dantes, and duly carried,to GRANT the variances as applied for and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor, last revised May 15, 2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The new wood deck shall remain open to the sky. 2. During construction no heavy equipment or materials shall be stored or used within 25 feet of the top of the bluff. 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Dantes, Planamento, and Acampora. (Member Goehringer absent) This Resolution was duly adopted(4-0). Leslie Kanes Weisman Chairperson 11 Approved for filing /o/ 0(v /2017 OV , y0 �� 'e QQ P Z �Oe 0 Z SURVEY OF LOT 3 MAP OF CAPTAIN KID ESTATES BLOCK No. 9 FILE No. 1672 FILED JANUARY 19, 1949 SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 106-01 -26 4� SCALE 1 "=30' DECEMBER 26, 2001 goy°M of 00 � �� U YJUNE 86 200, 20022 DDEDADDED100' SETACK LINE PROPOSEDB ADDITIONS JULY 19, 2002 ADDED TEST HOLE & PROPOSED SEPTIC SYSTEM SEPTEMBER 23, 2004 UPDATED SURVEY & ADDED PROPOSED DECK �° OCTOBER 29, 2004 ADDED PROPOSED DECK SETBACK APRIL 22, 2005 LOCATE WOOD DECKS Q MAY 15, 2017 ADD PROPOSED ADDITION 92g x5 AREA = 61 ,585 sq. ft. i (TO TIE LINE) 1 ,414 CI c. / a CER TIFIED TO: BARRY D. BARTH FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK COUNTRYWIDE HOME LOANS, INC. 9 tis O2 L� LOT O3 / r WOOD DECK O TOP OF BLUFF \ \ C)°G 0 \ \ Zn O \ A \\ \\ $ n FDATED MAP \\ WED BY Zg,q _ \ CISION # TEST HOLE DATA �y \ \ '� °°ti { to o \ \ �0 q o \ PO�( l (TEST HOLE DUG BY McDONALD GEOSCIENCE ON JUNE 26, 2002) \ \ gcSFp °° �� P� o, 10.4' c� �!! & G DARK BROWN LOAMY SAND SM 2.5' �OF'-, e. —/E C O 33 � 100' SETBACK FROM TOP OF BLUFF PALE BROWN FINE SAND SP 14i /s vyhO �aG .''.::.:�/3 DRAIN •O N �'• Q- 0 Q� EE UNa '� �,�0 4Y VP ,0 ,•PRJ�510 R. PALE BROWN AND SM N BROWN SILTY SAND �• ••�' ��J�(v, O �•� SV NEST 23' hp / �'� OLE S OQ •gyp PALE BROWN FINE SAND SP P\R ���f�Q TE- A 29' S 1 �" RECEIVED JUN 2 8 2017 PREPARED IN ACCORDANCE WITH THE MINIMUM 11 STANDARDS FOR TITLE SURVEYS AS ESTABLISHED ' \ ZONING BOARD OF APPEALS (� BY THE L.I.A.L.S. AND APRRGk6D.,�4 D ADOPTED �, FOR SUCH USE BY 1& Yp K E LAND 1 TITLE ASSOCIATI �r.`r 1.F.jR!, K#'q, l►e'� 9Sq a �V UTILITY UL .i9do� 0 „ 175.64 tANn , S. Lic. No. 50467 \ 1 9iis.��!P S 7726' 0 UNAUTHORIZED ALTERATION OR ADDITION 0) p O, FO NGO MON. Nathan Taft Corwin III TO THIS SURVEY ISG0 VIOLATION OF CP \�y SECTION 7209 OF THH E NEW YORK STATE ` O• EDUCATION LAW. � ` f gox Land Surveyor r COPIES OF THIS SURVEY MAP NOT BEARING \ ��� a MAIL � THE LAND SURVEYOR'S INKED SEAL OR \ � » � + .• - EMBOSSED SEAL SHALL NOT BE CONSIDERED G • •� TO BE A VALID TRUE COPY. 7°ZV 00 SIGN CERTIFICATIONS INDICATED HEREON SHALL RUN FOUND 0.35 \� t •a a v Successor To: Stanley J. Isaksen, Jr. L.S. OtA- SIGN vEM N. Joseph A. Ingegno L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY M _ EDGE O.. PP :d Y IS PREPARED, AND ON HIS BEHALF TO THE D�1 Title Surveys — Subdivisions — Site Plans — Construction La out TITLE COMPANY, GOVERNMENTAL AGENCY AND .� ° .'; e �IF y LENDING INSTITUTION LISTED HEREON, AND PHONE (631)727-2090 TO THE ASSIGNEES OF THE LENDING INS " \ • o Fax (631727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. OFFICES LOCATED AT MAILING ADDRESS �.. : 1586 Main Road P.O. Box 16 THE EXISTENCE OF RIGHTS OF WAY a Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PEMSONS DESCRIPY ION ____________________________________ _________________ ________________________________________________ _ _________ ________-------------------- ------ --------- ----------- ---------- ---- --- ---- --------------------- CAR PORT A 1 1 F R O N T E L E V A T I O N SDAI£ ,/4•e _ RECEIVED PR U W JUN 28 2017 o w �o PNr� o p o >- - - ZONING BOARD OF APPEA S a W <z ZY Pw""000 DF0( - ¢ V T W E115TND _ O U L Ig 0 IONMG - O 0 F- BENDQM N< co I * FAMILY ROOM �E ns unE ff Ensnxo xuE ro Ievu I � u x wALL i ®�PEun�EOO xxpaws ro p[ K IT c H E N E..—poop ro 9E PENOAEO d r� Charles M.Thomas 1 a r c h I t e c t ti BEND R 0 0 Mil Po W2 877,MJMI,91.11947(631)721-7993 �FI R ST FLOOR PLANR ST FLOOR PLAN PLAN ELEVATION I XALE 1/4' 1•-D' CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUNp M OESIGN SOSMIC SUB•ECi DESIO iO OALACE FAW N1N1ER ICE BARRIER IF-GOD AIR MEPN �� (NPN) 7TOP.4 Hit ROON MND DEBRIS 249E SNow CATEGORY WEAIHEAING UNE 1EANWAiE DiEl�lw RUEN��A1/1ENi MA2AR05 NG ANNUAL TEN ItlflYl=LII 9TmxAngf,u Nf"en(An 6 SA+Q.x¢M Fm19x.wPn v M uwrzcr uo 9FA u5:am rY.s1GM19,ut ff 4sa1m m M W„u 9rt R"xd nfl.o¢nFvr.�ii/Y.�.¢Vrno,d wPurw er ur IETm,n Nqi _ _ _ � ��� �����~ _ v `� ' 0 x- Siffolk ntyaxvnoov Humph ��6y��� ��oommnnmenuo District Manadei' " Suite 110 (631)852-�286 mvo,hoau,NY 11901 www avnvmmwoo.o,o Rob Carpenter Chairman zu ' Leslie K. Weisman, Chairperson Town ofSouthold Board nfAppeals RECEIVED P.O. Box 117Q,S300SMain Road Southold, NY11971 SEP 2 12017 May Oth,2017 ZONING BOARD OFAPPEALS Re: ZBA#7D9S—Barth, Barry S[TM #1OOO'lD6'1'Z6 Dear Ms. Weisman: As per your request, our office has conducted an evaluation of the above subject property at 2040 Central Drive in W1attituckfor the purpose of reviewing the potential environmental impacts associated with the addition of a carport and wooden deck to the existing dwelling. This evaluation of the property was conducted on September 1*, 2017. The following are the observations and recommendations respective ofthe findings nfthis inspection. At the time of the visit the bluff appeared to be in excellent and stable condition with vegetative cover and the yard leading to the bluff top /s also well vegetated, mostly with native plants and a small amount of turf grass. No resource concerns involving runoff or erosion were apparent. Atthis location, maintaining bluff stability during construction isthe primary consideration. It is recommended the,heavy machinery, equipment,or supplies be stored or used a minimum of a 25' setback from the bluff top edge.The heavy weight and vibrations from the machines may cause sloughing ofthe bluff. Thank you for requesting the comments of the Suffolk County Soil and Water Conservation District. If you have further questions regarding this evaluation,feel free to contact us. Sincerely, Ann Marie Ca/abro Ken Johnson Soil District Technician 5ni| District Technician (631) 852-3288 (631) 852-3289 Office Hours:B&oodxyUooughThursday 7.SOa.no.m4:OOp.m. Friday 7:3Ou,o.dunoKb3:OOp.m. Page im0 6 Ott hlL� OFFICE LOCATION: ®�of S® MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 J (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 P v 4®U , LOCAL WATERFRONT REVITALIZATION PROGRAM ®� TOWN OF SOUTHOLD RECEIVED SEP 210 2017 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date September 20, 2017 Re: Coastal Consistency Review for ZBA File Ref BARRY D. BARTH #7095 SCTM#1000-106-1-26 BARRY D. BARTH #7095 — Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's June 1, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff; at: 2040 Central Drive, (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-26. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney �q 4` � ) COUNTY OF SUFFOLK AUGtp 05 4 2017 Al Steven Bellone BY._____________ SUFFOLK COUNTY EXECUTIVE Department of j Economic Development and Planning Theresa Ward Division of Planning 1 Deputy County Executive and Commissioner and Environment f July 31, 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 McGinnis, Catherine #7092 Gruneisel, Arthur&Juliane #7093 Barth, Barry D. #7095 Racanelli, Steven #7096 SE Racanelli, Steven&Janice #7097 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,11th R ■ P.O.BOX 6100■ HAUPPAUGE,NY 117880099 (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD JUN 2 8 2017 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE'OF DISAPPROVAL DATE: June 1, 2017 TO: Barry D. Barth 2040 Central Drive Mattituck,NY 11952 Please take notice that your application dated May 26, 2017 For a permit to construct additions and alterations to an existing single family dwelling at Location of property 2040 Central Drive, Mattituck,NY County Tax Map No. 1000 - Section 106 Block 1 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The proposed construction notes a setback of 89.4 feet from the top of bluff, at its closest point. Authorized Signature pplicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. 4 • Fee S Filed By Assignment No �J Q APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE RECEIVED House No.2040 Street Central Drive Hemet Mattituck WN 2 8 2017 SCTM 1000 Section 106 Block 1 Lot(s) 26 Lot Size 1.31 acres ZonS RSOARD OF APPEALS I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 1, 2017 BASED ON SURVEY/SITE PLAN DATED May 15, 2017 Owner(s): Barry D. Barth Mailing Address: 2040 Central Drive Mattituck, New York 11952 Telephone: 631 2981623 Fax: Email: Judithjoyj@netscape.net NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from tl:e above names: (x)Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 15,2017 and DENIED AN APPLICATION DATED May 26,2017 FOR: (I Building Permit ( Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXII Section:280-116 Subsection: Type of Appeal. An Appeal is made for: Q�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 ( )Rever al or Other. A prior appeal has,? _4s not been made at anv time with respect to this property,UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or ca 11 our ofj4ce for assistance) Name of Owner ZBA File# 1'} REASONS FOR APPEAL, (Please be speci,fic,additional sheets may be used with preparer's signature notarized): 1 An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because. The proposed addition is similiar in character and architecture to existing residence 2 The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The proposed addition infringes on to the bluff line by only 10.6 feet and is behind a block and stone retaining wall. 3.The amount of relief requested is not substantial because. The propsed addition infringes on to the bluff line by 10.6 feet, and only in one corner of the addition 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because. The proposed addition will not have any physical or environmental impact as it is proposed on the portion of my property that is currently asphalt driveway 5.Has the alleged difficulty been self-created? { } Yes,or{�No Why- Are there any Covenants or Restrictions concerning this land? {X}No { } Yes(please furnish a copy) This is the NffNIIv1UM 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 o pplicant or Authorized Agent (Agent must bmit written Authorization from Owner) Sworn to before me this So day of j GQag`,20 1-7 . RECEIVED Notary Public JUN 2 2017 ZONING BOARD OF APPEALS GINA A.LOCKE NMARY PUBLIC,STATE OF NEW YORK Registration No.01LO6057960 Qualified in Suffolk:Count Commission Expire-5A730'!20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Barry D. Barth DATE PREPARED: June 3,2017 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: JUN 2 8 2017 ZONING BOARD OF APPEALS H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 31.3 ft x 17ft 13 ft x 10ft deck Dimensions of new second floor: Dimensions of floor above second level: Height(from fmished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: NO M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Story frame house,two bedrooms and basement level garage, approximately 1400 sq.ft . Number of Floors and Changes WITH Alterations: 1 story frame house,two bedrooms,one 510 sq ft fiber arts studio vwth 130 sq.ft deck %Ahthhacamon4 levclnarane- IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1400 sq ft Proposed increase of building coverage: 510 sq ft Square footage of your lot: 57,063.6 sq ft Percentage of coverage of your lot by building area: 3,3% V.Purpose of New Construction: The new construction will be used for a fiber arts studio (weaving and knitting ) 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): The property is flat, bordering on L.I. Sound Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE ���� FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes ' X No JUN 2 8 2017 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS 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? 3.)Is the property bulk headed between the wetlands area and the upland building area? NG 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 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 existing single family residence and the proposed use same with 510 sq ft studio and wood deck (ex: existing single family,proposed: same with garage,pool or other) -17 Authorized signature and Date �j DECEIVED AGRICULTURAL DATA STATEMENT l ZONING BOARD OF APPEALS JUN 2 8 2017 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicagal%9%DRi,qF&PEALS 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: 3 A tZ X Y d iA lZ -T N 2. Address of Applicant:,;0 qo Gen, n f �� �✓c G�li��� ;�`e7ti�`� . e�`���� 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: ®,p/c- t--c>rac-, rI dri _" %a w o exp 6. Location y�of Property: (road and Tax map number) C<!Xk- rn 1 ll�.1ye ( 000 — 106 —0( —16 7. Is the parcel within 500 feet of a farm operation? { )Yes K No 8. Is this parcel actively farmed? { } Yes Pd No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 9;V 61 10 12-017 Signature of Ap licant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B RECEIVED Short Environmental Assessment Form JUN 2 8 2017 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses bFcome 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: One story addition to exisiting home to be used for family room/fiber arts studio Project Location(describe,and attach a location map): 2040 Central Drive Mattituck, New York 11952 Brief Description of Proposed Action: One story addition (17ft x 21.3 ft)to be used as a family room/fiber arts studio ,with a car port underneath and a 10x13 front deck Name of Applicant or Sponsor: Telephone: 631 298 1623 Barry D. Barth E-Mail: Judithjoyj@netscape.net Address: 2040 Central Drive City/PO: State: Zip Code: Mattituck New York 11952 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: X 3.a.Total acreage of the site of the proposed action? 1.31 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.31 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial gResidential(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? X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 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: 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? 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? 70 NO YES If No,describe method for providing potable water: REG€Iz, X 10H 2 11.Will the proposed action connect to existing wastewater utilities? `' �()p NO YES If No,describe method for providing wastewater treatment: ZONING g0ARD OF �n `n'P��S X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO j YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 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 ❑Early mid-successional ❑ Wetland ❑Urban q Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X 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 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g-retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of anRVMDclosedNO YES solid waste management facility? If Yes,describe- X r 20.Has the site of the proposed action or an adjoining property been the subject of remediation((ngoing 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 Applicant/sponsor namei,,e Barry D.Barth A Date: 06/10/2017 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the,following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the sole 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 ofthe 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. xistinga.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED JUN 2 8 2017 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ 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 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Barth, Barry, D (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 X Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO NO 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 RECEIVED D)the actual applicant DESCRIPTION OF RELATIONSHIP JUN 29 812017 ZONING BOARD OF APPEALS Submitted this Z d day of OYVe ,20j_77 Signature tc.. Print Name Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JUN 2 8 2017 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town 'of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 106 - 1 - 26 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. © Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) 0 (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent,of action: I am requesting a variance from Acticle XXII Section 280-116 which states"Allbuilding located on lots adjacent to sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred feet from the top of the bluff or bank." My proposed addition and the construction there of notes a setback of 89.4 feet from the top of the bluff Location of action: 2040 Central Drive Mattduck NY 1195 RECEIVED Site acreage: 1.31 JUN 2 8 2017 Present land use: Single family dwelling ZONING BOARD OF APPEALS Present zoning classification: Residential 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Barry D. Barth (b) Mailing address: 2040 Central Drive Mattituck, NY 11952 (c) Telephone number:Area Code( ) 631 298 1623 (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 Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, prgserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and mipimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation crifgria. Yes No JR Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L Section III—Policies Pages 3 through 6 for evaluation criteria © Yes ❑ No F9I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes Q No ® Not Applicable RECEIVED II Ind cn Q ff7 ZONI G tanner E) - Attach additional sheets if necessary NATURAL COAST POLICIES Pol�y 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes 0 No M Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —P,9licies Pages 16 through 21 for evaluation criteria Yes No R]Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Sip cant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Q Yes ©No® Not Applicable Attach additional sheets if necessary PoliFy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. �i Yes ❑No;X] Not Applicable RECEIVED JUN 2 9 pnl' ONING BOARD OF APPFns S Attavh additional sheets if necessary -Polfcy 8. Minimize environmental degradation in Town of Southold from solid waste.and hazardous sub*tances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for evaluation criteria. OYes ❑ No � Not Applicable 1 PU,BLIC COAST POLICIES Polf cy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ WED No W Not Applicable Attach additional sheets if necessary i WORKING COAST POLICIES Policy 10. Protect.Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria. Q Yes ❑ No �2 Not Applicable / v REUIVED 7697 ZONING BOARD OF A its Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estpary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes No� Not Applicable Attach additional sheets if necessary Polf cy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 torough 65 for evaluation criteria. ❑Yes ❑ No Not Applicable Attach additional sheets if necessary PoWy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No Not Applicable o Created on 512510511.20 AM FORM O. 4 RECEIVED 1' JUN TOWN OF SOUTHOLD BUILDING DEPARTMENT Z®KING BOARD OF APPEALS Y, Office of the Building Inspector ' • Town Hall i Southold, N.Y. z CERTIFICATE OF OCCUPANCY 'yl 7 3`- No: Z-29785 Date: 10/23/03 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS s Location of Property: 2040 CENTRAL DR MATTITUCK r° (HOUSE NO.) (STREET) (HAMLLET) County Tax Map-No. 473889 Section 106 Block 1 Lot 26 ;F Subdivision Filed Map No. Lot No. .�a conforms substantially to the Application for Building Permit heretofore r filed in this office dated AUGUST 1, 2002 pursuant to which Building Permit No. 28652-Z dated AUGUST 13, 2002 i 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 ADDITIONS AND ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED i FOR. The certificate is issued to BARRY D BARTH (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A EF.ECTRICAL CERTIFICATE NO_ 71068C 04/30/03 PIMMBERS CERTIFICATION DATED 08/28/03 KEVIN REMPE PLUMBING CORP ut rizeW Signature Rev. 1/81 ''s'°' :^.y^y_.-�'w.ry-�t-�r.r�?`�:�� _. - .4gw� �i^.,•i '-/"'.�'—n^;.:.;c"ni3.`=:F::,., - _ - _ � _ _ _ � ___ - _ -_ _ ..s ,,,,,• _ ti'^1- '6 :.� .c"�.��-...'���hxR�µ S�?'?s�nµ4",.,'�...'"'"• __ _ �"""T—.-=•"Sn-+r —__ �__ __ "'_ _ _ .FORM NO. 4 / RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT J U N 2 8 2017 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30137 Date: 04/15/04 THIS CERTIFIES that the building ALTERATIONS Location of Property: .2 2040 CENTRAL DR MATTITUCK (STREET) County Tax Map No_ 473889 Section 106 (W1MLET) Block 1 Lot 26 Subdivision ` Filed Map No Lot No conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 21, 2003 pursuant to which Building Permit No. 29835-Z -dated , OCTOBER 23, 2003 was issued, and conforms to all, of the requirements of the applicable provisions of the law. The occu pancy for which this certificate is issued is "AS BUILT" BASEMENT ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS � APPLIED FOR. The certificate is issued to BARRY D_BARTH i of the aforesaid building. (OWNER) SUFFOLK COUNTY DEPARTKRNT OF HEALTH APPROVAL" N/A ELECTRICAL CERTIFICATE NO. 83668H 03/25/04 PLUMBERS CERTIFICATION DATED N/A { u or-' ed Si nature i r i 0 Rev. 1/81 4�'^'l_s^�,,s '.•✓ ` ",-e , ...t�="1...'.- -v'~,-="'_'�rvw�•h.�-!..�•:c�=:cv r.+i�. :'ri _ -_ a_)..'`d.�-r-'s:-+sn T' ---� ___ FORM NO. 4 RECEIVED TOWN OF SOUTHOLD JUN 2 8 2017 BUILDING DEPARTMENT Office of the Building Inspector ZONING BOARD OF APPEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Fia: z- V Date: 10/11/05 CERTIFIES that the building- 9 ACCESSORY of Property: 2040 CENTp AL _DR MRTTITUC_K (HOUSE N0.) (STREET) Map No. 47388-9 (HAMLET)106 (HAMLET) Block 1 Lot 26 #.•-�-. Filed Map No. Lot No. C=i� =--bstantially to the Application for Building permit heretofore f 1'­R "mss-office dated JANUARY 4, 2005 Pursuant to which B'4�f i`T'--� �. ='ami t No. 3088()-Z dated JANUARY 5, 2005 conforms to all of the requirements of the applicable I u-� m= the law. The occupancy for which this certificate is issued DECK AS APPLIED FOR & AS PER CONDITIONS OF ZBA #5625 DATED a = te is issued to BARRY D BAR Tx building. - ilding. SUE-2-MEX `. Y DEPARTMENT OF HEALTH APPROVAL N/A CERTIFICATE NO. --- - N/A TIFI_CATION DATED N/A a A thorized Signature 1.' r APPEALS BOARD MEMBERS ��p�► O Southold Town Hall Ruth D. Oliva,Chairwoman a 53095 Main Road Gerard P. Goehringer y RECEIVED P.O. Box 1179 Lydia A.Tortora "* Southold,NY 11971-0959 Vincent Orlando �F� ap�� JUN 2 8 2017 Tel.(631) 765-1809 James Dinizio,Jr. Fax(631)765-9064 ZONING BOARD OF APPEALS http://southoIdtown.northfork.net RECEIVED BOARD OF APPEALS * 9'•W lbtA TOWN OF SOUTHOLD JAN 7 2005 FINDINGS, DELIBERATIONS AND DETERMINATION Q MEETING OF DECEMBER 2, 2004 SOut lid TOWh Clerk ZBA Ref. 5625—Barry D. Barth Property Location: 2040 Central Drive, Mattituck; CTM 106-1-26 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 1.4-acre lot is improved with a single-story dwelling with garage and deck areas as shown on the December 26, 2001 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's September 2, 2004 Notice of Disapproval, citing Section 100-239.4A(1), in its denial of a building permit to construct a new accessory deck, after demolishing the existing deck, for the reason that the new construction will be less than 100 feet from the top of the bluff of the Long Island Sound. FINDINGS OF FACT t' The Zoning Board of Appeals held a public hearing on this application on November 18, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a new, open 16' x 25' deck, plus lower 8' x 12' x 13' lower deck, all as shown on the plan view and elevation diagrams prepared by Charles M. Thomas, Architect dated August 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. i ' Page 2—December 2,2004 f�1 File No. 5625—Barry D. Barth CTM Id: 106-1-26 RECEIVED JUN 2 8 2017 ZONING BOARD OF APPEALS 3. The variance granted herein is substantial. The code requirement is 100 feet from the bluff. The granting of a variance to build a deck at 76.5 feet from the bluff, after demolishing the existing deck, represents a 23.5% reduction from this requirement. 4. The difficulty has not been self-created and is related to the need to rebuild the applicant's deck in a location that has existed for many years at a reduced distance to the bluff. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the requested variance, as shown on the December 26, 2001 survey, amended October 29, 2004 by Joseph A. ingegno, L.S., and elevation and site maps prepared by Charles M. Thomas, Architect dated August 2004, subject to the CONDITION that the deck remain unroofed and open to the sky, as applied for. 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. " Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehri er, o 7j. nd inizio. (Member Orlando was absent.) This Resolution was duly adopted (4-0). Vincent Orlando, Acting Chair na02rN Approved for Filing i A ;; f ,;;,. � �fir,�,�• _- �.� ' �'�xa'++ lk ". .On c AfY � - ���yj,•A t qtr �•+"�•'�-��V � ��r � r R �� y� ��it��. �_ South _ ;� °- �' _ , North ry arty ti June 3, 2017 7 RECEIVED JUN 2 S 2017 \ ZONING BOARD OF APPEALS 4 r. ,f • Y .. i. e. .+. •.{ + i i f -'�� y'� '+�'•7'"'drd„�-'1•'r�.r'•I`'R;'�J.�ti'�'y—he ar+'r` y: ',�,'Pa 7 :S_r ,r '', ^^ - _ _ '�f'•.:`' ,�r1�-rkpl` .-^fr, �"'' .ea r •�i4;� ..�, 1G"' v,,,pt9.,a.P�Jl �` °'�%r' -d.' �^:r .,�;�� n�; ,7n"tri.' :=�,r:�„ rka;fr. ;n 'k'Y� F � t. �'�• •'n.i �, •.4; 1�,t �'a i,�,, ,._ ;d�;� N NL.,,�-,yJ' .�r' .- ��'.,+, f�.r+ ,. �. um;• � 7 JI OF SOUTHOLD r' PIPER- R '" RD CARD OWNER 1 �',�� STREET '� �• � - - -' , �'" VILLAGE DISTRICT SUB. LOT � FORMERO x .9 NER g --- ���SKC�Lt.t'i N ACREAGE S1 ,,. C_4'�. i�� i 'w TYPE OF BUILDING �zxa RES. ( ani I SEAS. VL. FARM,.--.. , ''yCbN4�. � IND: CB. MlSC. � � • • LAND II I I I MP. TOTAL DATE REMARKS ; -tea b o G?C�) � �fy � �s.� � •t's '��..4r..A �F'.`;SN.�M 1:w4'aiM'1a11�A�✓'.;1,"✓i,ce p:lp [ �...'':a r6a •f +lel. �Y''1 J r (fy{/ � } a U O ",N- 3z� %%v o �,e:• `�m., ^QIP c1 Y �?� 1� �6m5 `�B' r¢Arc> ff 2EW RMAL 8 L SABOVE ,R°; „� Farm Acre Value Per cre Value G ' 1111able `� fir•_-..4aeJ i •"F�r'�lf 0----r- /O B/ �� ^ �' � Tillable 2 Tillable, 3 - - 7 a &y �L 'lG6Qll -Woodland � 1 ladkr�4 S /�'4 Y, Swampland f `� �� 5 t1 Q•�1CN1Stsrnev��' a j �� 3d8�� RECEIVED Brushland `x/03 7 JUN 2 8 2017 House Plot ZONING BOARD OF AppF,q��—_ Tota l �,r."`;-��.,�1� �: i!!!■!■i!■!■■■■i!i■!!■i!i■ E4 e�C{ s a w�'.—,t --r•-.R✓�.a3 a � l�' 4�R ?��� � £ " ii■i■■■'iii■■■■■!■■■■■■■!�7l�li■ � r 11 4R• � t< —�31��' i '+*1R�i{$ t/ �^�a rit A fi tc �1�n��. S <�T FI �. }�r w��:• rn � r� ��=• e J rt .< %�lte`i^ ®r � _. '� ill■■llli■©lli!■■ilii■SSI■lw�t ��Y _ �� �.�-. � � _ �� - � � ■ll■l� - -Q�llll■lilt■■i■■li■l Foundation Basement Ext. Wakils [�CEIVED - ���= -,�:�.�:� � �� �� ..- ■■!!!l■®tel■llililii■l■■■■■■ iillllllil!lli�ilil■lliiii■ � y . • �t 1 � J ® FG ELIZABETH A.NEVILLE,MMC may. Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C4 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® .� Fax(631)765-6145 MARRIAGE OFFICER °�� a®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®d www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 6, 2017 RE: Zoning Appeal No. 7095 Transmitted herewith is Zoning Appeals No. 7095 for Barry D.Barth-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire,Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Certificates of Occupancy, Findings Deliberations and Determination Meeting of December 2, 2004,Photos, Property Record Card, Drawing of Floor Plan and Elevations, and Survey. 1 ,l * * * RECEIPT * * * Date: 07/05/17 Receipt#: 224855 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7095 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1510 $500.00 Barth, Barry Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 a Name: Barth, Barry 2040 Central Dr. Mattituck, NY 11952 Clerk ID: SABRINA Intemal ID:7095 BOARD MEMBERS 0 Southold Town Hall Leslie Kanes Weisman,Chairperson ®� SOUTy®l 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'c®U N�,V 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: 11:30 A.M. - BARRY D. BARTH #7095 — Request for a Variance under Article XXII, Section 280-116 and the Building Inspector's June 1, 2017, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at: 1) located less than the code required 100 feet from the top of the bluff; at: 2040 Central Drive, (Adj. to Long Island Sound) Mattituck, NY. SCTM#1000-106-1-26. 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 C TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTROLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS C Y _D -Name of Applicants) SCTM Parcel# 1000= rpq 1 v[/d9/�'`�' 7 COUNTY OF SUFFOLK STATE OF NEW YORK I, /, t`2 'J6e L residing at 20 � �� s�`,�r ��'Zi 11-4 fy;� W New York, being duty sworn, deposes and says that: Oti the S' day of� �'`"y�" , 2017, Y personally mailed at the United States Post_Office in ='C v , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUEST] D, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(✓Assessors,or(&,�Courq Real Property Office for every property which abuts and is across a public or private street, or vehic&ar right-of=way of record,surrounding the-applicant's property. (Signature) Sworn to before me this - day of.55�&p*4tbo;,L,,201 WENDY L KUKLA NOTARY PUBLIC-STATE-OF NEW YORK (No blit) NO 01 KU6176871 OUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 11-05-2019 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next -to the owner names and addresses for which notices were mailed. Thank you. [1�a `-•��' �ii � ` • I '`i tI'51F,;ti�Fi��`e 49 ,� O �\\VVYY �./� u LJLJLJ �WUyIL!L— �s--.AVL—W �� 4� '�1S ' I''�+''d P•3iI�W r September 14, 2017 Ln �YOC�Ys�t:1�Y°,1 ia1,�6;� L- -0 D £:;1 Lsry !J L 4t., 1.3 L " @ BARTH ZBA #7095 CTM 106.-1-26 Certified Mali Fee ��65r (� Ln $ 5 I Extra Services&Fees(check box,add fee ampaU ""te) ,�' ! G) ❑Return Recelpt(hardcopy) $ O ❑Return Receipt(electronic) $ ,1 .Mil POS k C ❑Cert�ed Mail Restricted Delivery $ $O_fill_flo r I 106.-1-25 Vicki P. Haupt o ❑Adult Signature Required $ 8rt rift ❑Adult Signature Restricted Delivery$ 210 Central Park South Postager-q $0.49. � Apt 9B Er Total Postage and F es IJ9/1° New York, NY 10019 I o le .59 Sent To a James&Cltns Meskouns 106.-1-27 James and Chris Meskouris o StreSt andApt W,o�Po eoz nfo.iVhuTy Hrii Stet�ort---------------------------- r`- PO Box 1655 Murray Hill Station City"state;2iP+"d®"""""""-"-Ne-vty Y'oik,T17-I1S15-6--"-""""""""-""-""----"""""" PO Box 1655 , New York, NY 10156 .�f ° �•a'-' �'u-' -,.,•�ir�y,}S�s,�.�`c'�,''� 'may, 106.-2-35 Peter and Lucy Caviris ®.. _ ,•.° �, ";`', : ,;;; ` „°"""',,,'' ` :x` 7 Wildwood Road qn East Chester, NY 10709 ILn °L ° F I mp Certified Mad Fee $3.351 106.-2-36 Michael and Karen Davidson I„ q 2045 Central Drive I � Extra Services&Fees(check box,add fee a7rt! ✓-� l�tJ e) 7 ❑Return Receipt(hardcopy) $��Il'tJ POWark Mattituck,NY 11952 Q ❑Return Receipt(electronic) $ i��fjiere > I flfl M []Certified Mad Restricted Delivery $ Lp' El Adult Signature Required $—i�rlir;;•fes ��� 106.-2-37 Constance and William Orfanos I 0 []Adult Signature Restricted Delivery$ p Postage ` 0.49 b U Y 4806 248`1' Street r-:1 $ 09/1`r72017 I Er Total Postage and I'Vag.Gig Little Neck, NY 11362 $ anos l .0 Sent To Constance&William ra -SMet treeandptFOBozN ----------------------- M .--- -- 48G( 14'8ih Little Neck}NY-1.1162---------------------- City,State,ZIP+4m ��jj yyyy id 1 I i g o ® A i o 1 -® f4 I' i1p��� �'�i I�. ®• 0 r r � ,� .�'. „a. co C3 1K 0 ' rot Itt 1]x.7 •5 } 1'. •1 t �`. u' ®1 IA1 T TUCK r �lY %i�J�r2 C It C a NEW=, s P� I f... £ .. ry_ €':^ IJL 5 5 Certified Mail Fee 0935 ,n Certified Mail Fee - ?r� —' '[I�]3r l .n $3.35 3.3 Ln $Lr) IL Ln $ s�S ���t Extra Services&Fees(check box,a$fee appmenate)! �p� I u1 ExtraServices&Fees(cheek box,add fee a�,2pprcfe) J ❑Return Receipt(hardcopy) $ �i 1 tri' / CMCJ ❑Return Receipt(hardcopy) / Return1 i ry Post ❑Return Receipt(electronic) $ Postmark •• i r-'� Receipt(electronic) $ O n 0 ❑Certified Mall Restricted Delivery $��.a t II �a,- ❑Certified Mad Restricted Delivery $_'il_ /}{ere 1 S®® Adult Signature Required $ �g _y�(y (' 'I []Adult Signature Required $ r3 rl❑Adult Signature Restricted Delivery$ ; �ae7 �• h I I ❑Adult Signature Restricted Delivery$ i> C3 Postage 0 Postage �1 �}9 01.49 -6 �� � $ <s � 1 / a $ a� e 1'7 } O Total Postage and T9.59o Tota l Postage and F e$ , 9.59 $ _M $ ent To Vicki P Haupt .� Sent To Michael&Karen Davidson P r� ---- 21{1 Eerrtrai Park 5nuth C3 Street and Apt.No.,or Pb Box aq4 5 CUff ral79HVe p Street and Apt.No.,or PO Box No. --------------`Pt 9 JB----------------------- ------------- 17` -----------------___________ Mtltt3t�yC�k;1 '-s 1'952---------------------- city Sia-----iP+45 _ New York,NY 10019 City,State, IP+4® srv4fra ry �, i�rr°t�1A7 :eo [YiurJli� rr err•r - - _ —__ __ 4k TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- _ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, i�Y b ' ✓a BMW residing at a®e'er 1���1J flk,�, wiz c u� New York, being duly sworn, depose and say that: On the ®L day of.S - &..ilg , 2017 , I personally placed the Town's Official Poster, with the date of hearing and*nature of my application noted thereon, securely upon my property, Iocated ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained-in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be ®C+. Z®y 7 (Signature) Sworn to before me this Day of 615*&( 01 J WENDY L KUKLA NOTARY PUBLIC-STATE OF NEW YORK NO 01KU6176871 otaT Public) QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 11-05-2019 * near the entrance or driveway entrance of my property, as the area most visible to passerby. ■ Complete items 1,2,and 3. 7mailplece, A.,,Sign�aftir 11 ■ Print your name and address on t13 Agent so.that we can return the card to ll�i^^�� ❑Addressee' ■ Attach this card to the back of theReceived b rintedame) C. t f Deliveryor on the front if space permits. `� � I � � 1. Article Addressed_to_ j D. Is delivery address different from iter1 E3 Yes Vicki P/Haupt If YES,enter`delivery address below: 1 b No 210 Central-Park South Apt 9B New York.NY 10019 I I � }I IIS lpRegistered ps@rygLI Jill111111111111111111111111111111111 o MM ❑Adult Restricted Delivery liredMail Restnc Restricted 9402 2341 6225 3402 55 ❑Cart Pied Mad@ Deliveryl ❑Certdied Mail Restricted Delivery '❑Return Receipt for ❑Collect on Delivery Merchandise i2.;- ^--�T^ter mm carvir_e label)_ ❑_Collect on Delivery Restricted Delivery 1:1 Signature ConfirmationTm ture 7 016 0 916 0001 5 5 6 6 5114— 0 4 6 -7 1Restncted Delivery GI Rlstnc ed Delivery tion PS Form 3811 July 2015PSN 7530=02-000-9053 I 1 Domestic Return Receipt l ® ® 7S]gn22abj7��o ® • i ® Complete items 1,2,and 3. YC ■ Print your name and address on the reverse ❑Agent / cr) (; so that we can return the card to you. °'r Addressee o c a �e� B. Received b o' ® Attach this card to the back of the mailpiece, y(Printed Name) C. Da of ehvery � � E l or on the front if space permits. _ r ro o a r,a 1. Article Addressed to: - D. Is delivery address different from item 17 as 5s Constance&William Grfanos If YES,enter delivery address below: No = `� ' _ ~ ._ ,'806 '248th Street ° I'iLiWf 4$, 'iY 11362 _ ov II / ❑Priorify Mail ExpressRS�I1I I Jill III 111111111111111111111111111111 ❑dugpature ❑Registered MailTM io 101 0- De livery ❑Registered Mad Restricted9590 9402 2341 6225 3402 62 ❑Adult Signature Re;tricte ❑Certified WO—=. Devery �q❑Certified Ma = d a Restricted Delivery ❑Return Receipt for ,,fes."µ N g `e ya Io + 11 Collect on Delivery Merchandise �{j m Q LL 2. --" •'"--T —ff, fmm cArvira lahell ❑Collect on Delivery Rstncted Delivery ❑Signature ConfirmationT^� 7 016 0 910 0 0 01 ,T i ❑Signature Confirmation 5 5 6 6- 5 0 6 6 T _ ._ +estncted Delivery Restricted Delivery � LL d � Wi g . `° e d � m N Im PS Form 3811,July 2015 PSN 7530-02-000-9053 I w d _ r = m ° l° a Domestic Return Receipt 3 ¢ ¢ g ¢ Q ro -A : 1 i aYi x❑❑❑❑❑ a 1 o " ® 77!7Le LL05 9955 'L000 OT609TOL■ Complete items 1,2,and 3.■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. rve by(�Pri d Name) C. Date of Deih- or on the front if space permits. 1. Article Addressed to:. -- _ D. Is delivery address different fro item 1? 13 Yes j J Michael&Karen Davidson If YES,enter delivery address below: ❑No I (045 Central Dnve Mattituck,NY 11952 - I 111111111 Jill 11111111111111111 VIII 1113. dult!S Signature, ❑Registered MailTM ss@ 1. El Adult Signature Restricted Delivery 11 Registered Mail Restricted 9590 9402 2341 6225 3402 86 ❑Certified Mail@ Delivery E]Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. A ❑Collect-on-Delivery Restricted Delivery ❑Signature Confirmation"^ ign7 016 0 910 0001 5566 5084 �strlcted Delivery °Restricted Deliveture ry PS Form 3811,July 2015 PSN 7530702-000-9053 Domestic Return Receipt #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 D ����0/�r � . CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 QUOIlfled In Suffolk County MY COMMI116108 EM91159 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 titan the code re- SOUTHOLD TOWN ZONING BOARD quired rear yard at:2875 Pine Tree Road, OF APPEALS Cutchogue,NY.SCTM#1600-104-3-7. 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 III 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 XXII, 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 VHI,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 ante under Article VIII, Section 280-39 a permit to construct additions and alter- and theBuilding 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 15,2017,No- The Board of Appeals will hear all persons 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,(63 1) 2-13.1. 765-1809,or by email 10:15 A.M.-FRANK MCGINNIS AND KimF@southoldtownny 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 _W i4o' Tlk� E UF HEARINO "he following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME BARTH , BARRY D. #7095 MAP # 7 06 .- 1 -26 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE : THURS OCT . 5 , 2017 11 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal -business days between 8 AM and 3 PM . CONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 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. BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �*rj¢ S® 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 ��C®UN11��`tv Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631) 765-9064 July 5, 2017 Mark Terry, Principal Planner E `J E VIS LWRP Coordinator JUL 0 5 2011 Planning Board Office Town of Southold - Southold Town Town Hall Annex I Planning Board Southold,NY 11971 Re: ZBA File Ref.No. #7095 —Barth, Barry D-. Dear Mr. Terry: We have received an application for additions/alterations in Mattituck. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encls. BOARD MEMBERS QF soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes con Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® y� 54375 Main Road(at Youngs Avenue) Nicholas Planamento � route Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 5, 2017 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Attn: Corey Humphrey Re: ZBA File Ref. No. 7095 —Barry D. Barth Dear Sir: We have received an application for a project adjacent to Long Island Sound in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held on October 5, 2017. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson By: Encls. BOARD MEMBERS Of SOOT Southold Town Hall Leslie Kanes Weisman,Chairperson �� b'p 53095 Main Road•P.O.Box 1179 �O !O Southold,NY 11971-0959 Patricia Acamporaic Office Location: Eric Dantes sn ac Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 ® �� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCDU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 5, 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 #7095 Owner/Applicant: Barth, Barry D. Action Requested: Additions/alterations — bluff setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. j Revisions 08-23-97 y^ 161i 09-03-98 11-17-99 12-06-99 f b —, r a.? 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Barth 2040 Central Drive Mattituck,NY 11952 Re: ZBA File# 7095 2040 Central Drive, Mattituck SCTM No. 1000-106-1-26 Dear Mr.Barth; 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, Kim E. Fuentes Board Assistant Encl. cc: Building Department