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HomeMy WebLinkAbout7129 Al 3 a 57ck6oLE hPr- _70 �r7 �1► t �� C,i D�J CHECK BOXES AS COMPLETED �) 12 � � ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND > o Q ( ) Check file boxes for priors Q - 5 r+ .. ( ) Assign next number on list; outside of file folder o ( ) Date stamp entire original a m „ -0cn � -0 � -+ file number x o c o �' z ( ) Hole punch entire original a o� o o z - (before sending to T.C.) 3 w � n 2Cn ( ) Create new index card o �; ( y o ( ) Print contact info & tape to 0 � °; � v 0 0- T'. � m ( ) Prepare transmittal to Town w C4 ( ) Send original application w/t o w umi Q to Town Clerk v o ( ) Note inside file folder w/prio v and tape to inside of folder (1 0 ( ) Copy County Tax Map; highlil neighbors and AG lots ( ) Make 7 copies and put with e ( ) Dp mailing label , W Mil 7 cs� t I I 12-74/7 � � BOARD MEMBERSO f SO�r Southold Town Hall Leslie Kanes Weisman,Chairperson �' y053095 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 ,^�aa�Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Nf`I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15,2018 F E 8 2 X1,18 ZBA FILE: #7129 &euthAld (QPleTr & NAME OF APPLICANT: Steven Walsh PROPERTY LOCATION: 7065 New Suffolk Road,New Suffolk NY SCTM No. : 1000-117-5-30 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further 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 November 21, 2018 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 January 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject, rectangular, waterfront parcel consisting of 20,263 square feet or 0.465 acres located in the Marine 1 Zoning District fronts 100 feet along New Suffolk Road with 202.63 feet of tidal wetlands approximately on School House Creek to the north and 100 feet of tidal wetlands to the east shared with a vacant, residentially zoned lot and has a southern lot line of 202.68 feet shared with the same neighbor. The subject parcel has a lot area of 9,658.75 square feet or 0.2217 acres landward of flagged wetlands and has existing residential lot coverage of 557 square feet, or 2.75% consisting of a 2 story wood-frame residence with porch accessed via a gravel parking area as shown on the site plan created by Tom Samuels, R.A. of Samuels& Steelman Architects and dated October 30, 2017 based upon a survey by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Request for a Variance from Article XII, Section 280-53; and the Building Inspector's October 26, 2017, amended November 21, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single-family dwelling at; 1) less than the code required minimum side yard setback of 20 feet, located at: 7065 New Suffolk Road, New Suffolk, NY. SCTM#1000-117-5-30. RELIEF REQUESTED: The applicant requests a variance to construct a two-story, 12 feet by 28 feet addition on the south side of the existing residence with a 5.1 feet side-yard setback where the code requires a 20 feet side-yard setback Page 2, February 15,2018 #7129, Walsh SCTM No. 1000-1 17-5-30 ADDITIONAL INFORMATION: Two residents of New Suffolk and neighboring vacant lot owners offered written communication opposing this application in advance of the public hearing and also spoke before the Board in opposition citing privacy and environmental issues. A prior Zoning Board of Appeals application relative to this site, #5386, was withdrawn October 21, 2003. Certificate of Occupancy 434922 issued May 1, 2011 pursuant to Building Permit #34630 issued April 27, 2009 for demolition of an existing single-family residence and construction of a new single-family residence was erroneously issued based upon Residential R40 Zoning where the correct Zone at that time and today is Marine 1. This error allowed the construction of the single-family residence with a southern side-yard setback of 15 feet, conforming to R40 Zoning, instead of the required 20 feet setback required by M1 Zoning, and is again, erroneously carried over on the pending application. The applicant's architect . spoke as the design professional outlining the proposed alterations to the existing house and the applicant's attorney/agent also spoke during the public hearing. The correct Zone, Marine 1, was brought to the applicant's attention during the public hearing. The attorney for the applicant provided as follow up documentation, received February 6, 2018, with supporting Zoning Board of Appeals decisions granting similar relief in the immediate New Suffolk area: #243, #3038, #6670 and #5296 (reversed by legal action) and also addressed the neighbor's concerns. Furthermore, communication with the Town of Southold Board of Trustee's yielded a valid permit, #8677, issued to the neighbor to build a single-family residence with attached garage accessed via a driveway on the north side of their lot indicating a side yard set-back of 50 feet, adjacent to the applicant's proposed addition, as described on the survey included in the permit. A wood stockade fence located on the shared lot line and indicated on this survey, was visible during site inspection. Similar inquiry to the Town of Southold Building Department indicated no pending application for a building permit has been filed by the neighbor to develop their vacant lot. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The hamlet of New Suffolk and the adjacent neighborhood to the south and east of the subject property is a well-developed area established prior to current Zoning and has the character of a seafaring, coastal New England village similar to that of Orient, also located in the Town of Southold. The majority of area homes, in the immediate vicinity are sited on small, non-conforming, irregular- shaped lots with front, side and/or rear yard setbacks that do not conform to the current Code. Furthermore, the proposed 12 feet by 28 feet addition, with a side-yard setback of 5.1 feet, will increase the existing footprint of the house by 336 square feet. The proposed two story addition will enlarge the living area on the ground floor and will add a second story bedroom and storage area. The existing dwelling is an unusually small, one bedroom residence; and the proposed addition will make it more conforming to, but still smaller than, other residences in the immediate area. As a result of the tidal wetlands, nearly half of the actual lot remains undisturbed in its natural state, benefiting the community at large. 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 subject parcel is severely limited in its development by flagged tidal wetlands of School House Creek on two sides, which limited the original development of the residence as a result of New York State Department of Environmental Conservation requirements and that of Suffolk County Board of Health, which further limits expansion of the house on the west side as a result of the placement of the onsite waste water treatment. The only available area to expand the house, without encroachment into the wetlands, is to the south, in the side yard as proposed by the applicant. Page 3, February 15,2018 #7129, Walsh SCTM No. 1000-117-5-30 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 74.5% relief from the code. However, as a result of the area of non-disturbance to the north and east facades, and the location of the sanitary system on the west side of the existing house, the only possible location to expand the residence is on the south side. 4. Town Law 4267-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. 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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to an existing single-family residence consisting of enhanced living areas, an added first floor bathroom and a second bedroom with storage area on the second floor 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 Weisman (Chairperson), seconded by Member Dantes, and duly carried,to GRANT the variance as applied for, and shown on the site plan labeled Sheet 1 and Sheet 2 prepared by Thomas Samuels, R.A. of Samuels & Steelman, Architects and dated October 30, 2017, based upon a survey prepared by Joseph A. Ingegno, L.S; SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant is to landscape the southern lot line for the first 85 feet from New Suffolk Road towards the flagged wetlands with evergreen trees having a minimum height of six (6) feet to be continuously maintained. 2. A covenant subject to the approval of the Southold Town Attorney's Office shall be filed in the Office of the Suffolk County Clerk agreeing that the property shall only be used as a single family dwelling and that the homeowner shall waive the right to apply for a Bed and Breakfast use. 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. Page 4, February 15,2018 #7129, Walsh SCTM No. 1000-117-5-30 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), Planamento, and Dantes(Member Acampora and Member Goehringer were absent) This Resolution was duly adopted(3-0) Leslie Kanes Weisman, Chairperson Approved for filing � do /2018 RE1�1 SED: SITE UmTA. SCTM # 1000-117-05-30 PROPERTY: 7065 NEW SUFFOLK RAOD ADRESS NEW SUFFOLK, NY. 11956 N101F OWNER: STEVEN WALSH LAWRENCE M. TUTHILL NEW SUFFOLK, NY. 11956 BOAT MARINA F4ogr/Nc 5 4 FLAG \ (UNDERWATER LAND) °oCk SITE: 20,263.30 SQ. FT. = 0.465 ACRES O 3 2 \,II TOTAL AREA �. \ \ SCHOOL HO USE CREEK Rq°Mp LOT COVERAGE: �~ • �S 8�°4 0" E o 2_s� 1.4 20 > 1.o EXISTING: 557 sf= 2.75/0 Lu ' 5_0 \ F PROPOSED: 860 sf= 4.24% w Op' u `� SITE AREA LANDWARD OF WETLANDS: _ L 1 `I ' 4 4 ����' 9,658.75 SQ. FT. = 0.2217 ACRES w - _ - - 19 J :r >; O c R o O 5 EXISTING: 557 sf= 5.76/o ' 2 �q 1. PROPOSED: 860 sf= 8.9% O 47� - - .�''z• 0' FRO � D LL O:. � � II „ wooD ZONING: R-40 LL , 0' 11, O PLATFORM U-1 .,.`o �p / 4'' O FLOOD: "AE"(EL.8) � - G SIJ - °w II O ►� ZONE J U LAG Z a' O J w � ;:•.: :�' s• -� _5 SURVEYOR: JOSEPH A. INGEGNO LL 3 a v►-i :y '":'`. EXIS • TREE <q o -�`�' P.O. BOX 1931 0 N ^:'TREE ' w _z ,.,n �' _ II q f-- RIVERHEAD, NY. 11901 Z `i - Ljj COI.•,a•••F�� \. O U n ":• A ;: ;.:; 0 DW 2� 7 t4 4.6 Q NOTES: W .� ,., I ev 1. m , II O w 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM. 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L J ' 0000000000 00000000❑ 0000000000 ❑00000000000❑ cJ G II ❑00000000❑ 00000000❑ 000000000❑ 000000000000❑ n�000�o nn0nnnnn0 nnnn000000 000000000000n I I I I I I I I I I a Hw = L11�ING ROOM I DA E: 11 El 0000000000000 Q g —� 10/30/17 lu a FINAL IAP I I I I I I I I I I I I I I I I I I I I o REVIEWED 1/4" = 1' - o" W I I I I I I I I I I I I I I I I I I I I a ED BY ZBA POWDER i SEE DECISION # SHEET TITLE: ° I DATED 0 I _ PLANS E L Ev"AT 10" EaAof i WEST ELEVA,5% Tlvj'm% N ELEVATIONS n SCALE: 1/4" = V -0" SCALE: 1/4" = V -0" Izrcrrvrr, F I RS" T F L 0 LA N x ,17 SHEET NO: OK r SCALE: 1/4" = V -01' ?0NING BOARI-)OF APPFAI_.ti !' CC#: C18-54031 COUNTY CLERK'S OFFICE ] 1, STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 1211012018 under Liber D00012991 and Page 850 and, that the same is a true copy thereof, and of the whole of such original In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1211012018 SUFFOLK COUNTY CLERK Q 11011'� JUDITH A.PASCALE SEAL i i 11111111 ILII!IIII Illll IIIII VIII VIII IIIII 111!1 IIII IIII 111111 IIIII!1111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/10/2018 Number of Pages: 5 At: 03:06: 36 PM Receipt Number : 18-0230255 LIBER: D00012991 PAGE : 850 District: Section: Block: Lot: 1000 117 . 00 05. 00 030 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5 .20 NO RPT $200.00 NO Fees Paid $270.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 . 2 Number of pages 01tDE� 2018 Dec • 10 FM JUDITH A. PASCALE CLEW OF This document will be public SIJFF01-K C01AITy record. Please remove all L f+u50::2913I Social Security Numbers P 50 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp ( Recording/Filing Stamps 3 , ^ FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal Spec./Assit. Notation �`�/ or EA-52 17(County) Sub Total Spec./Add, EA-5217(State) TOT,MTG.TAX Dual Town Dual County R.P T.S.A. a�• Held forAppelntrnent Comm.of Ed. S. 00 Transfer Tax Affidavit Mansion Tax � The property covered by this mortgage is CertifiedCopy _ or will be improved by a one or two NYS Surcharge 15. 00 7�/' family dwelling only Sub Total YES orNO Other O [� ' � Grand Total -[�"-- If NO, see appropriate tax clause on page k of this inse�� j68 4 Dist 3774952 1000 11700 0500 030000 •000 5 Community reservation Fund v RealProp p T S tam Consideration Aitwunt$ IN Agency 10-DEC-1 Tax Se cy R LPA A CPF Tax Due $ �` Verificati Improved Sattshctions/01schargms1"Ro$leases List Property Owners Mailing Address 6 RM-ORD&RETURN TO: Vacant Land PATRICIA C. MOORE ESQ 51020 MAIN ROAD To SOUTHOLD NY 11971 TD TD Mail to.Judith A. Pascale,Suffolk County Clerk 7 I Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title p $ Suffolk County Recording & Endor-sement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) STEPHEN WALSH The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO in the TOWN of SOUTHOLD TOWN OF SOUTHOLD _ In the VILLAGE or HAMLET of,NEW SUFFOLK BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING loverl DECLARATION OF COVENANTS AND RI�;STIt1CIII THIS DECLA1t�ATION made this jo day of September, 2018, by Stephen WaW residing at 47 Eatondale Avenue, Blue Point, New York 11715 hereinafter referred to as "DECLARANT(S)": WITNESSETH: WHEREAS, DECI.AI2A.MAS) is/are the owner(s) of certain real property kx--tted at 7065 New Suffolk Road,New Suffolk,Town of Southold,County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 117,Block 5,Lot 30 which is more particularly bounded and described as set forth in Schedule"A" annexed hereto,hcmin� referred to as the Property; WHEREAS,the DECLARANI'(S)made an application to the Zoning Board of ApKals for Variances under Article XII Section 280-53, held a public hearing on this application on Thursday,February I", 2018,at which time the Board received written and oral evidence; WHEREAS, in a decision dated February 15a`, 2018, based upon all testimony, documentation, personal inspection of the property and other evidence, the Zoning hoard of Appeals granted relief for a proposed accessory building as indicated on the SITE PLAN prepared by Thomas Samuels, R.A. of Samuels & Steelman , dated October 30', 2017 ,based upon a survey by Joseph A. Ingegno, L.S.; WHEREAS for and in consideration of the granting of said approval, the 7kning, Board of Appeals has deemed it in the best interests of the Town of Southold that the within Covenants and restrictions be imposed on the property, and said Zoning Board of Appeals has required that the within Declaration be filed in the Suffolk County Clerk's Office;and WIIERF.AS, the Declarant has considered the fioregoing and has determined dial same will be for the best interests of the Declarant and subsequent owners of the property. NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said lots, their heirs, executors, legal representatives, distributes, succeswars and assigns to wit: 1. Declarant is to landscape the southern lot line for the first 85 feet from New Suffolk Road towards the flagged wetlands with evergreen trees having a minimum height of six(6) feet to be continuously maintained. 2. Declarant agrees that the property shall only be used as a single family dwelling and that the Declarant shall waive the right to apply for a Bed and Breakfast u.s�. THE FOREGOING covenants and restrictions shall run with the land and shall be binding on the DECLARANT(S),his/her/their heirs, assign,purchasers, or successors in interest, and upon all persons or entities claiming under them, and may not be annulled, waived,chanecJ. modified,terminated,revoked,or amended by subsequent owners of the premises. If any section, subsection, paragraph, clause, phrase or provision of these em mums and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, +rtvaltd or held to be to constitntional,the same shall not affect the validity of these covenants as a whoic, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, imalid, or unconstitutional. The aforementioned covenants and restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any utlter remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enfmvc same shall not be deemed to affect the validity of this covenant nor to impose any linhility whatsoever upon the Town of Southold or any office or employee thereof. The within Covenants and Restrictions shall run with the land and shall be binding ulx}n the Declarant and its successors and assigns, and upon all persons or entities claiming undet them, and may not be annulled, waived, changed, modified,terminated,revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Zoning Board of Appeals of the Town of Southold or its successor,following a public hearing. IN WITNESS WHEREOF,the Declarant(s)has duly executed this Declaration the day and year first above written. Steven Walsh STATE OF NEW YORK ss: COUNTY OF SUFFOLK On the, day of September, in the year 2018c, before me the undersigned, a Notary Public in and for said State, personally appeared Stephen Walsh, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is/are subscribed to the within irKtrurtwnt and aicknoMedged to me that he1s1x-J1hcy'CX"uted the;samc in his/her/their capacity,:xnd that by hist'lterAheir signature(s)on the instturnent,the individual tar the persons on behalf of which the individual(.-;)acted,ex?otary d the instrument. 61,7TS`{A.PERKINS Notary Public,State of New York No.Oi P'6130636 Qu11iC d in S Felk Goun , Comma—,irait Expires July 16, � SCHEDULE A DESCRIP110N ALL that certain plot, piece or parcel of land, situate, lying and being at New Suffolk,Town of S uthold, Suffolk County,New York, bounded and described as follows: BEGINNING at a point on the Easterly side of New Suffolk Road at the Northwesterly corner of lArld DOW or formerly of Joseph Fudjinksi and the Southwesterly corner of the premises herein descrilx-d; said point being also distant Northerly,200 00 feet from the corner formed by the intersection of the l ortherly side of Orchard Street and the Easterly side of New Suffolk Road, RUNNING THENCE North 07 degrees 03 minutes 10 seconds East,along the Fasterly side of Ni xv Suffolk Road, 100 00 feet to the mean high water mark of School House Creek; THENCE along said mean high water mark of School House Creek South 83 degrees 47 minutes w0 seconds East,202.63 feet to land now or formerly of Joseph Fudjinski; THENCE along said land now or formerly of Joseph Fudjinski the following two(2)courses and distances: 1. South 07 degrees 01 minutes 20 seconds West, 100.00 feet;and 2. North 83 degrees 47 minutes 20 seconds West,202.68 feet to the Easterly side of New Sofli-lk Road and the point or place of BEGINNING. OA J Vb COUNTY OF SUFFOLK 1 LA-�1 �y� RECEIVED NOV 2 7 2017 ZONIN_ G BOARD OF APPEAL; Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment November 21, 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 Al 4-14 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 Applicant MunicipalFileNumberFileNumber McBride, Richard #7126 Foote, Kevin&Nancy #7127 Negri, Peter #7128 Walsh, Steve #7129 Boutzalis, Theodore &Anna #7131 Very truly yours, Sarah Lansdale - - - -—-- — --- - - - .Director_o£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 �Nve) ° 1 ,V-�VV , EIOFFICE LOCATION: ®��rO S®(/�yOl MAILING ADDRESS: Town Hall Annex ® P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY 11971 ® aQ Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM —7 (d, a TOWN OF SOUTHOLD RECEIVED JAN 2 2 2018 ZONING BOARD®F MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date January 22, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref STEVEN WALSH #7129 SCTM#1000-117-5-30. STEVEN WALSH #7129 — Request for a Variance from Article XII, Section 280-53; and the Building Inspector's October 26, 2017, amended November 21, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required minimum side yard setback of 20 feet, located at: 7065 New Suffolk Road, New Suffolk, NY. SCTM#1000-117-5-30. 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, the proposed action is recommended as EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CERA. 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 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL i DATE: October 26, 2017 AMENDED:November 21, 2017 TO: Patricia Moore (Walsh) 51020 Main Road Southold, NY 11971 Please take notice that your application dated October 20, 2017: For permit to construct additions and alterations to existing single-family dwelling at: Location of property: 7065 New Suffolk Road,New Suffolk,NY County Tax Map No. 1000 - Section 117 Block 5 Lot 30 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this 20,263.30 sq ft lot(9,658 75 sq ft buildable land) in the Marine I District are not permitted pursuant to Bulk Schedule which requires a minimum side yard setback of 20 feet. The site plan shows the minimum side yard setback at 51". This Notice of Disapproval has been amended to reflect the revised site plan last dated <- October 30, 2017. ______-__._._`_Authorize ature--_____� Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. I e ' FORM NO. 3 Rl:cErvt:r) TOWN OF SOUTHOLD NOV 6 2017 BUILDING DEPARTMENT SOUTHOLD,N.Y. Zorur"c gOAR[)oFAPPS4L1 NOTICE OF DISAPPROVAL DATE: October 26, 2017 TO: Patricia Moore (Walsh) 51020 Main Road Southold,NY 11971 Please take notice that your application dated October 20, 2017: For permit to construct additions and alterations to existing single-family dwelling at: Location of property: 7065 New Suffolk Road,New Suffolk,NY County Tax Map No. 1000 - Section 117 Block 5 Lot 30 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations, on this 20,263.30 sq. ft. lot (9,658.75 sq. ft. buildable land) in the Marine I District, are not permitted pursuant to Bulk Schedule which requires a minimum side yard setback of 20 feet. The site plan shows the minimum side yard setback at 5'4". Authorized Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. Lvov 6 Zoe_ ffice Notes• EALS House No. 7065 Street New Suffolk Avenue Hamlet New Suffolk SCTM 1000 Section_117 Block 05 Lot(s)_30_Lot Size 20,263.30 Zone_R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED t'�.wbi BASED ON(Site Plan)MAP DATED 10/16/17 Applicant(s)/Owner(s): Steven Walsh Mailing Address:_47 Eatondale Avenue,Blue Point NY Telephone:-631-921-8598— Fax#: _c/o 631-765-4643_Email:–Pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative Patricia C.Moore Esq. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore(&mooreattys.com Please check box to speck who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED FOR: E 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.) vti,? Article Section 280- Subsection Type of Appeal. An Appeal is made for: 8 A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has E has not been made at any time with respect to this property,UNDER Appeal No.4 Year ;Wl�. (Please be sure to research before completing this question or call our office for assistance.) W Cee W-SblQj0VVA- RECEIVED Name of Owner: Steven Walsh ZBA File# NOV 6 2017 REASONS FOR APPEAL(additional sheets may be used with preparer's sirnaLSAING BOARD OF APPEALS AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: A one bedroom and storage room addition 12' x 28' to an existing one bedroom house is a very small addition. The existing house is very modest and was constructed to comply with conforming side yard setbacks. The owner has one child and would like to give the child their own bedroom. The sanitary system was constructed to the minimum County standards (4 bedrooms), therefore the addition will meet Health Department standards,no revisions to the existing sanitary system is anticipated. The houses faces north. No change is proposed to the north elevation. The road side, west elevation,will be a two story 12' wide addition to the existing house. Since the adjacent parcel is vacant with an accessory structure at the far south side of the property and dock, there is no house located adjacent to the proposed addition. (See Google earth photograph). A future dwelling on the adjacent property has a proposed design on their survey of the adjacent lot. The proposed house is located 60' from the applicant's property and can develop the property conforming to the setbacks. (See exhibit A-Ken Woychuk survey dated 7-7-15). This survey was provided by the owner of the adjacent parcel. (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 addition is proposed away from the wetlands. The only area of the property which permits expansion without encroachment onto wetlands is the south side. On the first floor of the house the addition proposes a first floor powder room and living room. On the second floor one bedroom and storage is proposed ( possibly in the future, if needed, conversion of the storage to a bathroom). The existing house is only 5.76% (557 sq.ft) of lot coverage. The proposed addition is increasing the lot coverage to 8.9%(860 sq.ft.). The addition retains the north elevation and merely adds a well proportioned two story addition to the existing house. Due to the flood zone (AE EL 8) there is no basement. The additional bedroom and storage makes the existing house more functional to the owners. (3) The amount of relief requested is not substantial because: The side yard setback on the side of a vacant lot is reduced to 5' 411. On the south side the sanitary system is already at 5' from the property line. The north side of the property remains the same. The lot is preexisting nonconforming. The lot is further constrained by the wetlands and non- disturbance zone. The wetlands eat into more than 3/4 of the property. The house faces the New Suffolk Shipyard and Marina. The street is wooded and the addition is the minimal reaonable and practical to add living space to the existing home. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The wetlands setback has not been reduced. The existing sanitary system does not need to be changed since the house was constructed with a new sanitary system. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No. The wetlands limits the area which may be expanded. The developers of the house constructed the minimum house (one bedroom) which could be constructed without variances. The owner has one disabled young adult child (autism) and the family wishes to give their child his own bedroom. The proposed"two bedroom"house remains a very modestly sized home in Southold. Are there Covenants and Restrictions concerning this land: No. R: Yes (please furnish copy). Non-disturbance buffers by Trustees and condition of permit for NYSDEC This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) gnature of Appellant or Authorized Agent Sworn to be (Agent must submit written Authorization from Owner) fo�'e me this i of \ ,20 Notary Pub is BETSY A. PERKINS RECEIVED Notary Public, State of New York No.01 PE6130636 NOV 6, 2017 Qualified in Suffolk Coun Commission Expires July 18, ZONING BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION APPLICANT: � �� t lS G, DATE PREPARED: 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: ILbnllc— ,° vV GUARD pFAPPEALS 11.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: - 9 Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): W at orf Ac;, Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: Alb 13-ose m9Log `" 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: pale, .? 5 ba..'Sr Number of Floors and Changes WITH Alterations: �AJn f7/�if/J/1s�se � �T07'✓l �i9-r/Se IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: p S Percentage of coverage of your lot by building area: V.Purpose of New Construction: A'0io®o17 - '*W - 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): r 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 ` � 1 QUESTIONNAIRE �- FOR FILING WITH YOUR ZBA APPLICATION �ECEIV�p A. Is the subjVT ises listed on the real estate market for sale? "V Yes 6 2017 ZONING BOpRb OF pPP B. *Are there any proposals to change or alter land contours? SALS No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? ` e-� 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? A® 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? GS Please confirm status of your inquiry or application with the Trustees: illob zo. and if issued,please attach copies of permit with conditiod 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? / O E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? JW 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? ky 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? A If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel 'LOC/Pe and the proposed use XA2f� . (ex: existing single family,proposed:same with garage,pool or other) u orized signature and Date AGRICULTURAL DATA STATEMENT pECEIVED ZONING BOARD OF APPEALS NOV 6, 2017 TOWN OF SOUTHOLD WHEN TO USE THIS FORM:This form must be completed by the appli If t 92�special use LS 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: AV 2. Address of Applicant: 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: , 6. Location of Property: (road ania Tax map �f number) AleaJ 7. Is the parcel within 500 feet of a farm oper ion? { } Yes { } No 8. Is this parcel actively farmed? { } Yes { ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back o page if there are additional property owners) l® / 2�-7 117 Signa pplicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. I� \ /C; 6X7.20 RECEIVED Append&B NOV 6 2017 Short Environmental Assessment Form ZONING BOARD OF APPEALS instructions for Completint= Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part ofthe application for approval or funding,are subject to public review,and may be subject to finther 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:�i /s t�7 14; Project Location(describe,and attach a location map): -D.s r � U BriefDescription ofProposed Action: 2—e , Q�C I S Name ofApplicant or Sponsor. Telephone: E-Mail: Address: p /J City/PO: State* Zip Code. 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 ofthe intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: T4US7 -O > 3.a.Total acreage ofthe site of the proposed action? d acres b.Total acreage to be physically disturbed? acres 336 -Yr—r" c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. o Urban o Rural(non-agriculture) a Industrial o Commercial re�Residential(suburban) E3 Forest o Agriculture: o Aquatic o Other(specify): El Parkland Pagel of 4 5. Is the proposed action, NO YESz N/A a.A permitted use under the zoning regulations? N 0 V 6 2017 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character Wdii cx_istmg ui or natural NO YES landscape? 7. Is the site ofthe proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? 0 YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES PIaces? b.Is the proposed action located in an archeological sensitive area? RNOI 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Q/ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Ide fy the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply. EF ,Wreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional C9'Wetland LI Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? U11NO 11 YES b.Will storm water discharges be directed to established conveyance systems(runoffandArm drains)? IfYes,briefly describe: ❑NO MYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or.other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site ofthe proposed action or an adjoining property been the subject ofremediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: IAFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n Date. f®12,7�1' 7 Signature: Part 2-Impact Assessment The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" �ECE r No,or Moderate 017 i T -" - - ' small to large impact impact ZONINGmay may BOARS 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 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 '_LARD OF APPtALS ❑ 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 ofResponsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: WASLH,STEVEN. AND MOORE,PATRICIA C. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) q NATURE OF APPLICATION:(Check all that apply.) / 1 Tax Grievance Variance _X RECEIVED Special Exception If"Other", name the activity: N O V 2017 Change of Zone ZONJNG 130ARD OF APPS f, Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any 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 nV w f Signature: Steven W lsh ricia C.Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by.a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVED SCTIVI# - bj� - �(� NOV 2017 ZONING BOARD OF APPEALS The Application has been submitted to(check appropriate response): Town Board 0 PIanning Dept. © Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): �Z (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: L Location of action: 7e) CS A/,,r� (L 4Z�e • AJzvJf07% 1- Site acreage: ® Present land use: 1Y0 u s-C Present zoning classification: 142-1410 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: 5-624 )&4A (b) Mailing address: q1 (c) Telephone number:Area Code( 5_,5T (d) Application number,if any: Will the action be di ctly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No ` If yes,which state or federal agency? ",Kl?l C / RECEIVED DEVELOPED COAST POLICY NOV 6 2011 Policy 1. Foster a pattern of development in the Town of Southold that enhanNYI&%&W@q UPar1Uer, 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. fYes ❑ No ❑ Not Applicable 7 Al a- Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—ZApplicable Pages 3 through 6 for evaluation criteria 0 Yes 0 No 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 Q Not Applicable a � P-12 Vezew Attach additional sheets ifnecessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section —Policies Pages 8 through 16 for evaluation criteria Yes © No 0 Not Applicable X1 / a- I /ori CG i��r NOV 6 2017 ZONING BOARD OF APPEALS Attach additional sheets ifnecessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LVW Section III —Policies Pages 16 through 21 for evaluation criteria u Yes 0 No 0 Not Applicable r ^ Attach additional sheets ifnecessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes Q No Not Applicable f Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. 0 Yes ❑No RNot Applicable (RECEIVED NOV 6 2017 ZONING BOARD OF APPEALS Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances andwastes. ee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes 11 No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeD No U Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations;Not e L Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No Applicable X , RECEIVED N� Gu13i Attach additional sheets ifnecessary ZU 1 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No Imo"Not Applicable Attach additional sheets ifnecessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 forZNot n criteria. ❑Yes r] Nopplicable Attach additional sheets ifnecessary Policy 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 Created on 512510511.20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) I, STEVEN WALSH,residing at 47 Eatondale Ave.,Bellport NY 11715,hereby authorize my attorney,Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals Steven talsh RECEIVED NOV 6 2017 ZONING BOARD OF APPEALS 1 Town of Southold Annex 5/1/2011 54375 Main Road RECEIVEb Southold,New York 11971 'Fo3p NOV 6 2017 — ZQWNG—B.011R0 F APPEALS CERTIFICATE OF OCCUPANCY No: 34922 Date: 5/1/2011 THIS CERTIFIES that the building RESIDENTIAL NEW CONSTRUCTION Location of Property: 7065 New Suffolk Rd,New Suffolk,NY 11956, SCTM#: 473889 Sec/Block/Lot: 117.-5-30 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 4/27/2009 pursuant to which Building Permit No. 34630 dated 4/27/2009 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 front and rear entry decks and sunroom with roof top deck as applied for. 1 The certificate is issued to Marston, Robert&Gardiner,John (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-04-0054 8/27/10 ELECTRICAL CERTIFICATE NO. 11936 6/7/10 PLUMBERS CERTIFICATION DATED J.Zees Plumbing 9/3/10 4Authi ed Signature -_,:::cc Jt ELIZABETH A.NEVILLE �1 �`1` �y. Town Hall,53095 Main Road TOWN CLERSp P.Q.Bog 1179 9* A* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS tiy. rrf MARRIAGE OFFICER • Fax(631)76"145 UEGORD�.MA�TAGEMENT OWICE$ y® O� Telephone(531.)755.1800 FREEDOM&IkMRMA-Pj DN OFFICER 't southoldtoWiLnort$fork.net OFFICE OF THE TOWN CLERK TOWX OF SOUTHOLD 'fHIS IS TO CERTIFY TEAT THE PPLLOIING.RESOLUTION NO.680 OF 2003 WAS ADOPTED AT TI1E REGULAR MXETNG OF THE'SOUTiOLD TOWN BOARD ON OCTOBER 21,2003: RESOLVED that,the Town Board of the Town of Southold hereby grants a partial refund of $75.00 to 1'Vffr Thomas E.Christianson,application#5386 as he has decided,not to proceed 4 with his application for a variance before the Zoning Board of Appeals. w Elizabeth A.Neville RECErvcm Southold Town Clerk ZONING BOARr)OP APPEALS i _ . 1 t s i x z r k J t E i 1000-117-5-30 16 VC .�:y: - f P o r w t -' LFig' aft y, X K ix �. 1 M° r WALSH 7065 NEW SUFFOLK ROAD SCTM: 1000-117-5-30 (,�l �Q _ _ a TOWN OF SOUTHOLD P90PERTY RECORD CARD i OWNER STREET 7 VILLAGE DISTRICT SUB. LOT o rk n 4 FORMER OWNER NSC�f E . -_ A SAGE n--; 4 050A SW � TYPE OF BUILDING 14 Orb PoSA, .j V�s' � J 1 kD►'S `w Lf O ��0 c3Q RES. 21SEAS. VL. 2 l FARM COMM. IND. I CB. i MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS L 1,2093a - LGr 0*1 J::," -1DChr1_6td2a,;an 16Y /3 to 3 Yi,�� ti'I 1 ob �Clemv d ), zeo-� 3 0,(p— l� 4 i -Chn ;fr I �`�' _ t 3 ?_ Z D lo3D nn w 1 n -co laczs 5Z bS7 t 2 to Ro« AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER/?J-f4 cC Farm Acre Value Per Acre Value FRONTAGE ON ROAD iilable 1 BULKHEAD Tillable 2 DOCK Tillable 3 , ®d / � C� ��' Woodland ' Swampland RECEIVED Brushlar4w -Moo ._. KIM/ 9 2717 House Plot ZZONING BOARD 0f;APPEALS I Total 4 ,. v� .;. - ■iii■■■■■■■■■■■■■■�-��i■■■■■ Fin. B, Bath COMBO Basement PARTIAL :.� :. �� � t■ilii■■■■■■■■■■■■■■■■■■■■■ il� �� �. , ..{ � . ' ■■ilii■■illi■■■■■■■■■■■■■■■ .:C j. .: , - hili■■iii■■■■■■l■■■■i■■■■■ - �x `_- �: . ■ "'►�!lirlli■■■■!�w■iii■■■■■■■■ cy - . : . ■Ofi��iii■■i■■i■■A■il� f%■■■ice■t Y" ',. - _... � .:-,. iii■■■t■■■■■■■■■■■■■■■■■■■■ ■hili■■■■■■■■■�■■■■■■■■■�■ ■■■■■■■■iiia■■■■■■■■■i■■■■■�■■■■ Floors� Fire Place D.R. Woodstove BR. � • . at s M. 1 , ELIZABETH A.NEVILLE,MMC Town�y Town Hall,53095 Main Road TOWN CLERKo= P.O.Box 1179 CA Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS & ® Fax(631)765-6145 MARRIAGE OFFICER �� �Q�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: November 9, 2017 RE: Zoning Appeal No. 7129 Transmitted herewith is Zoning Appeals No. 7129 for Stephen Walsh-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificate of Occupancy, Copy of Res.No. 680 of 2003, Photos, Property Record Card, Site Plan and Drawings of Plans and Elevations. * * * RECEIPT * * * Date: 11/09/17 Receipt#: 229581 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7129 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#3982 $500.00 Walsh, Stephen D Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Walsh, Stephen D 47 Eatondale Ave Blue Point, NY 11715 Clerk ID: SABRINA Internal ID 7129 Fuentes, Kim From: joni friedman <pedrogft@yahoo.com> Sent: Wednesday, February 07, 2018 8:23 AM To: Fuentes, Kim Cc: A T Subject: Application for Area Variance by Steven Walsh #7129 Joni Friedman and Andrew Torgove ASO Southold Town Zoning Board of Appeals D Regarding Application for Area Variance by Steven Walsh #7129 FEB ---? 2018 To Whom this May Concern, Y. !L—&—--� My name is Andrew Torgove. My wife Joni Friedman and I own the property at 7165 New Suffolk Rd. in New Suffolk. This letter is in response to the hearing held on on February 1, 2018 regarding The Application for Area Variance by Steven Walsh #7129 to construct a two story addition to his preexisting home which would bring his home to within 5'1 of our property line. The plans submitted by Mr. Walsh highlight the fact that the house was constructed 5 feet over the code allowance of 20 feet. During the hearing, Mr. Walsh stated that he had made an effort to purchase a piece of our property at 7165 New Suffolk Rd, which is adjacent to his property at 7065 New Suffolk Rd. I would like to address this statement and clarify what occurred. Early last fall Mr. Walsh did call me and made a verbal offer to purchase approximately 1/4 of an acre of our property for$35,000 to $40,000. We had purchased our property, which is approximately 3/4 of an acre, for $360,000 in January of last year, 9-10 months before Mr. Walsh made his offer. Based on our purchase price, 1/4 of an acre cost us $120,000. Mr. Walsh's offer was significantly less than the price we had paid just that year, had we been interested in breaking up our property which we were not. At the time we purchased our property, it had been on the market for many years. Mr. Walsh told me that he had made several offers to the realtor to buy the property, but at prices well below the asking price. He told me he did not feel the property was worth anywhere near what was being asked. In January 2017 we purchased the property at the asking price. We believed that the property was worth the asking price. Then, after having passed on the opportunity to buy the property for several years, Mr. Walsh waited until we paid full price and made us an offer for a portion of our property at considerably less than its value. We had waited to finalize the purchase of our property until all of the necessary permits for a new house had been approved. The plans and permits for the property were based on the existing size of the lot we were purchasing. A significant portion of our property is designated wetlands. 1 �i I told Mr. Walsh that I was concerned about reducing the size of our property. Given the significant wetlands on our property and that all of the approved permits were based on the existing lot size, we were concerned that reducing the acreage might have negative consequences on our future plans. Given that Mr. Walsh's offer was less than 40% of the price we had just recently paid, our concern about the impact on our permits of reducing our lot size, as well as maintaining the integrity of the property, I chose not to enter into further negotiations with Mr. Walsh. Sincerely, Andrew Torgove. 2 e Town of Slit,`?L-fld Annex 5/1/2011 N, 54375 Main Road Southold,New York 11971 'nCA AII CERTIFICATE OF OCCUPANCY No: 34922 Date: _ 5/1/2011 THIS CERTIFIES that the building RESIDENTIAL NEW CONSTRUCTION Location of Property: 7065 New Suffolk Rd,New Suffolk, NY 11956, _ SCTM#: 473889 Sec/Block/Lot: 117.-5-30 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 4/27/2009 pursuant to which Building Permit No. 34630 dated 4/27/2009 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 front and rear entry decks and sunroom with roof top deck as applied for. The certificate is issued to Marston, Robert&Gardiner,John (OWNER), of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-04-0054 8/27/10 ELECTRICAL CERTIFICATE NO. 11936 6/7/10 PLUMBERS CERTIFICATION DATED J.Zees Plumbing 9/3/10 4AuVtheaignature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34630 Z Date APRIL 27, 2009 Permission is hereby granted to: ROBERT & KELLY MARSTON 1717 SOLANO WAY APT 34 CONCORD,CA 94520 for . DEMO.OF AN EXIST.SINGLE FAMILY DWELLING & CONST.OF A NEW SINGLE FAMILY DWELL.AS APPLIED W/ FLOOD PERMIT,DEC & TRUTS.REPLACEES EXP. BP# 32057 at premises located at 7065 NEW SUFFOLK RD NEW SUFFOLK County Tax Map No. 473889 Section 117 Block 0005 Lot No. 030 pursuant to application dated APRIL 27, 2009 and approved by the Building Inspector to expire on OCTOBER 27 , 2010 . Fee $ 371. 70 Authorized Signature ORIGINAL Rev. 5/8/02 S , 1VWIN ur bVV IUVLL tSU1LL1!�' ",YI✓K1V111 HYYLIC,A1tV1V I,riXI,KLI BUILDING DEPARTMENT __-,ou have or need the following,before applyi TOWN FvALL ,, Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631)765-1802 ��� Planning Board approval FAX: (631)765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y,S.D.E.C. Trustees Examined ,20 Contact: Approved ,20 Mail to: Disapproved a/c _� Phone: Q Expiration 320 Building Inspector MAS a APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting tl; property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ( ii ature of applicucuit or name,if a corporation) C�& A&M P©aA,.;C'-m� l (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder &C!tit 1LOT Name of owner of premises �� rT�, (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) " Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: _70606- Afew IQQ Gk 9�. House Number Street Hamlet County Tax Map No. 1000 Section ! Block 05 Lot Jd Subdivision Filed Map No, Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of propo ed construction: a. Existing use and occupancy t c C b. Intended use and occupancy rs.t — YLLt,f c re,44agkC$ 3. Nature of work (check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work ' ��,,yy�� (Description) 4. Estimated Cost `( Description) Cob Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units D n Qi Number of dwelling units on each floor If garage, number of cars -- 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existin structures, if any: Front 179, Rear 7 • ► Depth o� Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear ^- Depth Height Number of Stories11 . -- 3. Dimensions of entire new construction: Front_ �I�4 :_Rear e2 -(0 Depth +'Q if Height Number of Stories tIL)o �. Size of lot: Front ► Rear (00 Depth _ c2QP r 10. Date of Purchase J006 Name of Former Owner + Peo, yl U� , &,Asew�, l l. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 3. Will lot be re-graded? YES NO f Will excess fill be removed from-premises? YES NO 4. Names of Owner of remises&donk Ed r .f2QAddress Or Phone No. 1 5_ �3 Name of Architect AddressIr- E 1W, Phone No-IN44 OS Name of Contractor Address Phone No. 5 a. Is this property within. 100 feet of a tidal wetland or a freshwater wetland? *YES � 'NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMIT,':kMAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES V. NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 6. Provide survey, to scale,with accurate foundation plan and distances to property lines. 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. TATE OF NEW YORK) SS: ;OUNTY OFL ,Le,) OM6� C, c (/y1iUl•�J�4 being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract) above named, ')He is the Atf&AteQx (Contractor,Agent, Corporate Officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; Sat all statements contained in this application are true to the best of his knowledge and belief; and that the work will be erformed in the manner set forth in the application filed therewith. w Ir tQ before me this day of 2 RieHARBS Notary Public rA I M11,1JA n1 Signature of Applicant Notary Public, State of New York No. 01816042467 Qualified in Suffolk County Commission Expires May 30, 20ft'7_}1 (�., SITE DATA FLAG SCTM# 1000417-05-30 PROPERTY: 7065 NEW SUFFOLK ROAD SCHOOL HOUSE CREEK ADRESS NEW SUFFOLK,NY. 11956 OWNER: THOMAS AND BEV CHRISTIANSON �c S 83*47'20" E 202.63' NEW SUFFOLK ROAD NEW SUFFOLK, NY.11956 JAIL RAG SITE: 20,263.30 SQ.FT. a 0.465 ACRES AL O O c FLM � ZONING: R-40 G OfR4xm � - ZONED: "AE"(EL.B) LVIIATE INEa�� p SURVEYOR: JOSEPH A.INGEGNO P.O.BOX 1931 AL O RIVERHEAD,NY.11901 Ako •- _ �Uc. AL 3 % x � o N �D v ��'y 4 ` ALJ ` j` � LOCATION MAP W, 1ESt n HEiEi� -�• O LP N_ (f c LP LP jkj --',3- ---------, �J` 4�• N 83'47'20" W 202.4EV, - Z AS QUILT `'. -• ' SEPTIC 1-1000 &AL SEPTIC ' ;,•- '• TANK (ST) SITE PLAN 5-8FT DIA X 2FT DEEP L.EAC.HIN& POOLS (LP) SCALE:r.3W-0" BUILDING WALL 6RAOE LINE ELEVATION 20.0 FT. GRADE LINE ELEVATION tT65' FT. I` MIN. 2' MAX. TEST MOLE DATA I/4"/FT. - OUT fME &X W 00 ON WCH 21, 21) SPTIG 18°/FT - EL. o, DARK BROWN SANDY LOAM OL ` LAGHING BROWN LOAMY SAND SM IE. +18.91 TANK POOL • - . IE. +5.89' BOT OF POOL 5.11 FT, 2.5' w� IE. +6.65' IE. +5.'T' �t�©� NEW Yp PALE BROWN FINE �.�P g C. S.q y F+ ;,�. TO MEDIUM SAND SP ul 201-00 t3 G�`N . EL 1.7' -� 63 O - ' SEPTIC PROFILE w C-1 x (N.T.S.) WATER IN PALE BROWN ¢ 'Q 0183 FINE TO MEDIUM SAND SP W = oQ o n/ .-LL; Imo, s.. j • r • • � 1 •I • 1 1 i a • f f • r a r• � f ^ r f r1 • � 1\ No 1711 ......_ - E! 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' Y'S ... . ., ” f1`i' F - � i•f.+,,�,t it r: ,y ;s v 'z t 's �r ff f ' 1p e. .} i,'•fy+ .- __ •Y''•4,; "~d::` .,. - Sid'^ `} ,;!. .!`'- _ t :� ::- C''.,'" 7-: T,�,.h,:�- ` 't-, 9r. ,r a Y,S'� ,.4�r .,{.,, i•.: -' ',t` ';9•;. "i, �>{ � Ready_ ' •Sq .� r �"^:�^ti { L� ai+w6. i '-- ' v:Kl"q, ,d^ �r t� S 4 >{7}p�•eF � 1S- f j,�v CC••� `%7 , 1 r j PATRICIA C. MOORE Attorney at Law 44 r ®�a 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 FEB Q ZCJS T71 L4e Fax:(631)765-4643 40PUNG BOAR®OFAPP ZU February 5, 2018 Leslie Weisman, Chair Zoning Board of Appeals Main Road Southold, NY 11971 Re: Appeal #7129 Steven Walsh 7065 New Suffolk Road, New Suffolk 1000-117-5-30 Dear Chairperson and Board: Pursuant to the discussions at the hearing on the above application, we submit the following additional information: 1. The Walsh property is a pre-existing non-conforming parcel with 100' along New Suffolk Road and 202.63' along School House Creek. The parcel is significantly encumbered by wetlands and School House Creek. The only buildable area of the lot is around the existing house and on the south side, away from the wetlands. The existing house is two stories with a footprint of 557 sq.ft. The house only occupies 2.75% and with the addition, in total 4.24% of the entire lot —__would-be_.developed.__The-existing-parcel-retains-10,0,00 sq.ftof non-buildable- _ open space. Also, while not a basis for an area variance, Mr. and Mrs. Walsh are blessed with a handicapped child. The master bedroom is on the second floor. The second bedroom is proposed on the same floor as the master bedroom because their son, while in his 20's, has a mental age of a young child. Despite his chronological age which will change, his mental age and maturity will not change from that of a child. The parents need to be close to his bedroom for typical, middle of the night, comfort. 2. In 2001 the parcel was improved with a pre-existing single family dwelling. ' Prior owners, Thomas and Bev Christianson, filed an appeal to renovate the existing dwelling which was in disrepair and located 9.6 feet from New Suffolk Road, however, the appeal was withdrawn. Reconstruction of the existing house required a front yard variance, but more importantly, the sanitary system would be too close to the wetlands. Both the DEC and Trustees require that a sanitary system be located as far away from the wetlands as possible. 12001 Survey: Christianson Appeal(EXHIBIT A) Zoning Board of Appeals Re: Walsh # 7129 February 5, 2018 Page 2 The reconstruction of the existing house made placement of the new sanitary system impossible to comply with environmental and Health regulations. A new sanitary system would have to be located in the same location as the original pre-existing house. The variance was withdrawn and the subject house was constructed with a conforming sanitary system and away from the wetlands. (Appeal #5386 withdrawn 10/9/2003) 3. There is no alternative location for an addition to the existing house without a variance. The house may not be changed on the north or east side due to the wetlands. The DEC regulations require any structure to be a minimum of 75' from the wetlands. Failure to conform to the 75 minimum requires a NYSDEC variance. The standards for a NYSDEC variance is much more restrictive than Zoning variances. The existing sanitary system is on the west side (front yard). The south side provides the only location. In review of the plans the addition is primarily for the 2"d bedroom. The proposed addition is the minimal feasible. The design respects the neighbor's privacy. The windows are sized for light and air, not for views to the south. The design of the addition maintains the character of the existing house. A 5 foot setback is common for nonconforming parcels which are less than 10,000 sq.ft. The buildable area of this parcel is 9,658.30 sq.ft. 4. New Suffolk Road and surrounding homes are primarily on nonconforming parcels. The subject parcel is 1 00' x 203' (20,300 sq.ft.) which is more than double the size of other residentially used lots within 500 feet, particularly the residential parcels off of Orchard Street. While the parcel is larger than most of the lots in New Suffolk, the buildable area is comparable to the size of lots in New Suffolk. The subject parcel is also unique in that it is zoned M1 but has been used as a residence. The parcel is adjacent to School House Geek and New Suffolk Marina. 5. Several Parcels within 500 feet of the subject property have sought and obtained area variances: 1000-117-5-48.1: Fritz Kohn #243 12/9/59 The parcel was commercially zoned (B) but the owner obtained variances for a substantial addition to a 20' x 20' dwelling and porch 6'from private road. (Copy attached- EXHIBIT B) 1000-117-5-33: M &A Collins #3038 10/21/82 rear yard setback for deck granted 1000-117-5-24: M&C Withers #6670 9/19/13 Residential parcel in Mll district. This lot is irregularly shaped, located along School House Creek, adjacent to bulkhead along Creek ( code 75' from bulkhead). The parcel also contains multiple docks (private Marina). A bedroom addition was granted. (Copy attached -EXHIBIT C) 1000-117-5-46.3 G & C Schulteis #5296 10/7/2004 Granted after Article 78. (Copy attached- EXHIBIT D) ZBA denied first appeal, owners sued and Court overturned ZBA denial as being arbitrary & capricious. The Schulteis parcel is very similar to the SURVEY OF PROPERTY - - SITUATED AT Ma ;i TOWN OF SOUTHOLD ® LAIME'V�/0F ,1 SUFFOLK COUNTY, NEW YORK TUTXJLL f S.C. TAX No. 1000-117-05-30 J , BOAT MARIN SCALE 1"=3D' +•,� I I \ \ (ux0{, � � APRIL 3, 2001 j X3`4 E SCHOOL AREA = 20,263.30 sq. It. Q ,«- HOUSE CREE 0.465 .r' o K K _ a j l Opi \\ \ I RAc 202.6 --fin CERT1Ffls'D TO: _2 THOMAS CHRISTIANSON BEV-CHRISTIANSON `� t•J.., jf/ 1 \a2I o ' i HPC v ^I�•1 V`r. / 1 Y1.7 ]�Il {' W� I.6iYAmNs AfE Pll1AOICL9 ro tWv.0.a GMI. x 3 GOA S y6�'+ / \ \ ~�I�v .JJ �{ / !JILL' �gGa7PprycuvAmxs ua sarN nwa�°uo 3 ^f es /I �,g \ _I 7` — ' 2 \ �' ' J1L'. // ;Y ALL d 1 C 4. oZSWU ATAM AZim"011MTA Z nIOIIM I�lOx ARE rom nan un ma0 anwa d-'(RUJcoxr •:s=t:�F• ' (w aw � sxm 1 I 6 I / / o`1 a Nolo \ \ \ I � / 1 ° I I ,sw,l I '° 3 �`�c TEST HOLE DATA ..Jt l 1 I ! oN WARCH 21,2001) \ $� � I � \ � 1 N W (TEST HOIE DUO 6Y AJeDCNAID CECSCIINCE .',t. / �� \ \ \ \ I JILL a \ \ \ �, \ \ N.� � pp 7 tvtw anwt svor tow a w _,�� ,c nl 1 \ \ \ � � JILL t\ I -• ', .\ 2qm' W I >: . 83.47' ° RAG JILL rsATJCE RA 1 S Parr — sf aa.•c. i y c F„ FtlUxo t2� wJc TJX nts ro um a vw o Sfc ° , �' Ca\xc xoN, cTxa@ N aex 202.68 .p ,r ' Pu �AN/O/p I T[u.au � ✓OSSpX JI'UDJINSIfJ VACANT -C W .I i tY G 0 I r' i O Z Nxs IJa r+v 49ee8 OF OF KKwK SIAR �,�,,� Jo h A. ingegno ?`t"°&TWCX 'u" Land Surveyor �No ro�vn m��°L� i mmranoe t�'.am tt0toott,aIYJ-R„N ,xv aonc+aaw tm•„t,aaatGatmcr CHARD STREET M� �om c PxToHNkt 9cu.r,,ry7.7n--Sso+EaMa/atnu-S,b RaeF�-caCTa,m)7tr2,K1i-fa,t7zlaT)oul ; ` j TN[/tp7pRSlOe[of mff aF wYi (II L4 tAG/[D AT )A%=MOR64 AH'L NOT AY[«Naf W IAPANf®, •IJIID imVllllE AYBIUE P.0.Bmt t931 RNF13E/D!NK Yak N7g1 WwrtrwL xv Yatk 11901-0mma 1 CQ�3N d-0A -- C _ Deco 1 1ztc}�oz�iae, -, c - ---------- 9 c_.195 9 ----- _—_------ _ —_� -- -Pale 15 ------- GRANTED permission to reduce front vard ----- setbaok fqr rasidenti.al dwelling in business_ 1 district and apprQval of access, Private Roadi -- � /S Old Harbor Lane, New Suf c3L7am. i TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE PPJeA4 bl�,:..1Y1 1959 Appeal No. 24.3 Dated November 24, 1959 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD Mltdgley & Horton, a/c Fritz Kohn To Cut chogue, New York Appellant at a meeting of the Zoning Board of Appeals on Wed.,December 9, 1959 the appeal was considered and the action indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article................ Section................ Subsection................ paragraph ................ of the Zoning Ordinance, and the decision of the Building Inspector ( } be reversed ( ) be confirmed because k k sk ak �k 8:40 P.M. (E.S.T.), upon application of Midgley and Horton, a/c Fritz Kohn, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 304 as referred to in Article IV, Section 400, Subsection 19 for permission to reduce front yard setbacks for a residential dwelling in a business district. Variance is also requested due to lack of access in accordance with State of New York Town Law, Section 280A. Location of property; Private Road, east side Old Harbor'Zane, New Suffolk New York, bounded north by H. E. Mason, east by Private Road, Bouth by H. H. Tuthill, and west by Canal. 2. VARIANCE. By resolution of the Board it was determined that Stri t pplication of the rdinance ( ould p r u u u hard i ec us is �o ' was purchase0d severIN yUars ago �n� �ie$� plias �'�e � small hwellini thereon for sometime. A pp11icant shes to enlargge and improve the wea] i)g and tPIre is no poss ble way o enlarge the iot. (b The ar Aship created is ) unique and (ice (would not) be shared by all properties alike in the immediate vicinity of this property and in the some use district because this is the only residential building in this "B" Business District. (c) The variance (does) 00M63MM observe the spirit of the Ordinance and 4 (would not) change the character of the district because the expansion of the dwelling would be in keeping with the other residences in the area and infact improve the neighborhood. and therefore,, it was further determined that the requested variance(X )be granted( )be denied and that the previous decisions of the Building Inspector ( ) be confirmed (X) be reversed. The application is granted as applied for, subject however to the condition that the front yard setback be at least 12 ft. APPROVED 4o,,%rrd � �, `c�Jlc;♦ Z NTNG BOARD QF PPEALS J j � h T. oken qlan a Secretary Form zim Ai T� R C, A VFIF-- L ooLhousc tv C- I<- rn o o /Z I p P, t J rZ b p F)L%STItJ(. 44 To TR AV CLEC v PLOT PI-W -SC-,kLC-' rAA(CLE$, A FIR rjyjrA GOL,LII�TS; -ri1:CHA�L & ANNETTE - ' #3Q 3 8 515 Orchard St. ; New Suffolk 10/2I/82 .�� o� �rix�t---deL do ieYon to dwel-ring-r ting th��earY.�.�d_ set�ac�.-.-----...--- ------.......--------------•- -..__... t u hold Town Board f Appeals So t o MAIN ROAD- STATE ROAD' 25 SOUTHOLD. L.i.. N.Y. 11971 dol ,�ya - ACTION OF THE ZONING BOARD OF PVCCSEIVED AND FILED BY TFiE SOUTHOLD TOWN CLERK Appeal No. 3038 Application Dated September 23, 1982 DATE1 J1I�,Z HOUR I� a D TO: Mr. William J. Jacobs, as agent for Mr. and Mrs. Michael Collins , Depot Lane eo7w��C;; , To_;� �thold Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on October 21, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [x] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for The public hearing on this application was held on October 21, 1982. Upon application for MICHAEL AND ANNETTE COLLINS by William J. Jacobs, Builder, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Bulk Schedule, Article III, Section 100-31 for permission to construct deck addition-to dwelling reducing the rearyard setback. Location: 515 Orchard Street, New Suffolk, NY; bounded north by Urbanowski; west by Cusumano; south by Orchard Street; east by Tuthill; County Tax Map Parcel No. 1000- 117-5-33. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an extension to the existing dwelling along the east side in line with the back of the dwelling and a 10-foot deck extending into the rearyard, leaving a setback of approximately 30 feet. Existing on the premises in question are a lk-story frame house and accessory garage (at the uppper southeast frontyard corner) . This parcel contains an area of 7,900 square feet and frontage along Orchard Street of 87.80 feet. It has been furnished for the record that there will be a total square footage of 1,261, which in the board's opinion is in compliance with the 20% lot-coverage res- trictions of the zoning code. The board agrees with the reasoning of appellants, and the area chosen is the most practical and reasonable under the circumstances. In considering this appeal, the board determines the variance request will not cause detriment to adjoining properties; that the circumstances herein are unique; that the difficulty cannot be obviated by a method, feasible to appellants, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that Appeal No. 30381 application for MICHAEL AND ANNETTE COLLINS for permission to construct 10' deck extension, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITION: (CONTINUED ON PAGE TWO) I DATED: November 10, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3038 Matter of Michael and Annette Collins Decision Rendered October 21, 1982 That this deck may never be enclosed or used as habitable (living) area. Location of Property: 515 Orchard Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-5-33. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. APT-ROVED Chairman Board of Appeals _ - _ cc �. 3'4't'2o E. 8T.'T5 1 .. - ;� MA,P OF' L ANIO C.-R . NF-i 7G�D• C oLf4::it�5 i ff ._ 'q'-r - ... %x at �• t } Jy iSWN OF•.SoU-rH0LD, N i , C' � ,1, t'Y.140• '•�� •ll ,u � iJ � ' ^�. - Garars� e 1 z s� JNAU1Npe1:1D AItEVMICN OZ ADDITION y , \. 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' ��� _ .w. � Y�� -.-�}� �'; '1'a Y:.`:�".'.i%l>,1:•�.a�,,,_ N .rz pv',•, _ _ , - /�"� SNOPLLINC '.w.wt f,..,, •i,`i.{ -, ,,, . ;�:"i ,tti:�z-![:."�r�'1';L-'vn�;t`y„I7•jf 'ter�`T: - 1 .• ;t.-_, '''drf h.I.y,y�'"";1.,-r';;-.t�`-3"''',�,:K_r�i ice',: - ,- 1,Y, - l'k SFS,.xi,.,,;l�i'i n.ir,1..+ {3 iF j.y.{,,:,T 4`:Yn;s;''.b^:'��s.. _ • , z,._�NM`-, `,Ln0."•' Jitr'S'""�I;i�'-'vs.sle,�•Y�>.�.3:.i•)tla'.nJ;•c;_�v:1,; , _ ;1�12ri"',:.;i'r>' " -,Yl' ix'h,a.4" �{f`i..i,•:.�"';xft�u',H]a`.l?r:a.'=yiai�`" . - :•"I`Z" - r'f'�='�z;;x` .,L,�r�$1y'�;rA�hi,y`�.;,�•':.:?.�'.«.'.��,qJ`'�;�';•I;,i, !4, t�)�x.;w`r'r',r`:ryws'Ftti:'•,»q�,, ' .',J'x_''S`"_fin^�'o+`.,n•_i�i _iy.;_i,...^�,.1•;';' _ , ``_`,�y`zY,'.�Z�E.. L,'rn:f`••�L..�o.,;�e5'1�„'n``_ , ,. >.,,...tea.....,i�.w,a`IS�6.,....-�_.,:.�yin"'Yt...':,. ."�=:t„� .•x BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SO(/jyD 53095 Main Road-P.O.Box 1179 ti0 �p Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ua ac Town Annex/First Floor,Capital One Bank George Horning ,^�aa�� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCOU Southold,NY 11971 http://southoldtown.northfork.net R CCIVED ZONING BOARD OF APPEALS Ci— TOWN OF SOUTHOLD SE 2 4 2013 Tel.(631)765-1809-Fax(631)765-9064 outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19,2013 ZBA FILE: 6670 NAME OF APPLICANT: Michael and Celia Withers SCTM 1000-117-5-24 PROPERTY LOCATION: 6635 New Suffolk Road,(adj.to School House Creek)New Suffolk,NY 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 11,2013 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 August 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is.our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a waterfront property in a Marine II district. It is an irregular shape. The property has 256.67 feet of bulkhead frontage on School House Creek. The property has 75 feet of frontage on New Suffolk Road and is bordered by another piece of property which is 75 feet wide and then continues for an additional 30 feet on New Suffolk Road. On the north side the property goes 125 feet east and then goes 125 feet north. Next the property goes 215.63 feet east. The property then goes 120 feet south and then 85.09 feet west until it hits the bulkhead. The south side of the property runs 234.56 feet from the road until it hits School House Creek. In the middle of the property is a developed lot which has 75 feet of frontage on New Suffolk Road and 155 feet on the south and north sides of the lot and 75 feet on the east side of the lot. On the property there is a 2 story frame house, an accessory frame garage and an accessory frame shed. There are also five floating wood docks and one long wood dock on School House Creek. The existing structure is 20.2 feet away from the bulkhead at its closest point. All is shown on a survey by Nathan Corwin Taft Licensed Land Surveyor dated March 14,2013. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116(B) based on an application for building permit and the Building inspector's June 13, 2013 Notice of Disapproval concerning a permit to construct additions and alterations to an existing single family dwelling at l)proposed construction at less than the code required bulkhead setback of 75 feet. Page 2 of 3—September 19,2013 / `� 1 ZBAH6670—Withers SCTMil1000-117-5-24 RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations to the existing dwelling with a proposed setback of 35 feet from the bulkhead,where the code requires a setback of not less than 75 feet from a bulkhead. ADDITIONAL INFORMATION: The existing accessory shed on the property has a certificate of occupancy to be in its existing location. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the proposed addition is characteristic of other residential properties in the neighborhood in both scale and design. It will not be seen from the street. This property is a unique lot in that it is a Marine II property with accompanying boat docks. Many of the houses in this neighborhood are older and are within 75 feet from a bulkhead. The proposed addition will not be less conforming to the code than the existing structure already is. 2. Town Law 4267-b(3)(b)(2).The beneft sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The entire structure is located within 75 feet of the bulkhead and would need a variance for any proposed addition. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 53%relief from the code. However, the proposed addition is a one-story addition located behind the house at the furthest distance from the bulkhead as possible. 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 proposed construction must retain all water.on site via new drywells and must comply with all best management practices for storm water runoff during construction. 5. Town Law 4267-b(3Nb)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition 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 Dantes, seconded by Member Goehringer,and duly carried,to GRANT, the variance as applied for, and shown on the Architectural plans by Samuels & Steelman Architects dated June 4,2013 labeled pages SP,and pages 1-3. Page 3 of 3—September 19,2013 O ZBAN6670—Withers / SCfMtl1000-117-5-24j Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays andlor 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), Goehringer, Schneider, Dantes. Absent was:Member Horning. This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing g /Y /2013 OLD HARBOR ROAD SITE DATA TIsom• 10047-07-24 PROPERTY: 0875 NEW 8UFFOK R LOAD I AOORE99 NEW SUFFOwl.NY 11M OWNER: MBp@�ANJ�D@SC{EWWI7HER6 A PJ YIIPlt/!f JCNN rONRF P9X9.SCLF.-149 A W a ParAIQJ!JI BRE: 69,]R.SO.FT,v t]07 ACRES f �5 87'55'00'E n+r E4"s 215.83' ZONING: M•7 FLOOD ZONE.% r •— SURVEYOR. NATKAN1688 ROAD COMMIN .L TN JAMESPORT,NY71947 Q W z LICENSES 56187 I I I G• DATED:MARCH 143013 {� ❑ 0 LOCATION MAP 0WW J�A A AJAarrc 1 !xw aw,nc I" •„ I '" / „ � '"— _ 1 tic 2 y~IL 1 \ ZO II �„ I / aeOrweR6 eOlp O~�; LUX ^p IL J wW/ 3:R • •• yyQ =' � ••' AA p RCNARO 4L � 125.0®A S •" " E ❑❑❑❑ • 33322 g �yTgR •�, .. y ..,•.. .,.. Y•,• , M• 'w 65.09' F HAVE ❑1" 11 1❑ ' !• '1' .yr:,••T,:,e°'w4:�... ._ 0 82'2{59 W 6I. .C'S 79'SH'00'W 9111,n lJL! .8 •., m ti .}.. 95Wbg FYPrN.WM JAC ^ •7•S o 03•:d N ST55,00,W ':"Yt awc•1sI5.00' •S 1 f•� e7"•." \ 1 ;M1, N Q• ` rx a P aarmuur u m x w�• �p��j 1.Ty •77• I I C ' :ST:• m m O yq. 5 BT550. E 115.00' w ."M x FINAL Pw1w¢mi xs �d SEE DECISION p2� °A°BIVJ013 N 8T55'aD•w 1"r wvc ! S '•� F DATED_Y/JW/1� auu.1•.t°.r 234.56' om71r1c FCOlAY1 b10PSLl I Mf N7PGLl'P7fOPtAfQ9!2G / PSITE LAN dr MPBW/°l2 JDAfIM 1LC !•N I rA..a SITE PLAN SCALE: 1"=20'-0" S P NOTICE OF DISAPPROVAL I td. • NEW 0 C Wsnhilo � Y O oZ� LU O z w (D MMi\9� Z F BEDROOM > .(/ O 0 ILmNa 0 0 ROOM W LL LL MOSTNS N DDSTN6 WN.Y IH W MEOHANIOAL ROOM b i• qq �x•��••yyypp■Q■ 'E W - D09TN6 a F• � VNINS9 MIN6 ROOM 4 WaSTNS 96 No. t3o3 NB 96 ]EXISTINFINAL MAP L,• DEPROG REVIEWED BY ZBA &42073 o7 I,� � �� SEE DECISIONM b 4 174•.t'•D• U BXIS JM,L DATED 9 Ir4 Ir-? 9NP.ETTRE FLOOR PLAN ri v. 1 RECENED + 11 �ux26W, WEET o: 60PPD OF APPEALS IFIRST FLOOR PLAN 3cA�E:v4-=r.m _ NOTICE OF DISAPPROVAL 1NEW ACOMONW I ' O y Z ®® W= O 6 ®® �0� a=� O O Q O UJ+o lu z iLL SOUTH ELEVATION . Z K o t a r• FE 7-ITF70 irml a�wxe�ry� we n 'i70.7 o Hr• KSMS FINAL MAP s 013 REVIEWED BYZBA SCALE. DATED�.1�913. SHEEr7RLO NORTH ELIEVATION O ELLEVATIEVATI ONS ��vco l ow", SHEET MO. bop 0, NOTICE OF DISAPPROVAL Y N IRON O } ®�® O LLI F 0 qD Q ET Pi [�®® (no ® ® sF p loo Z LL U. � N WEST ELEVATION 'z z _ e z• y Effli W4• E7 J Y� • WJ• Iq7 - NEW ADDIOON �W 9W a�• fi m,m• NJ R JE a.303 DRAWN BY. KMS -- DATE ' sl FINAL MAP — REVIEWED BYZBA +u••r•o• SEE DECISIONN G D SHEEP TDLE EAST ELEVATION BUILDING ELEVATIONS 9 • Y r REOENED 1 tl SHEET NO. .0 ye Wl BOARD OF APPEALS NOTICE OF DISAPPROVAL I OLD HARBOR ROAD SURVEY OF PROPERTY -- SITUATE NEW SUFFOLK I TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 4"°0D01°rr��r J0�"�ffir S.C. TAX No. 1000-117-05-24 I 5 07.53'00'E—�� -- -- 4°A E^� 215.63' SCALE 1,20' MARCH 14, 2013 I w I I m r aEt6rvED 1 c fI JUN 2s:ou �naxa BOARD OF APPEALS ?I 1.ELEVATIONS ARE RETERENCEO TO NAVA 1911E UAW. �` • 0=0 CLEVAUONS ARE SHOWN THUS— —— EZCTNO CONTOUR UNES ARE SHOWN THUSI———.— I4Nrt ruersrc Iry� ,,, I m w I P� C`",md>Ya. p gp�16$� 211000ZONE IMPMATION 1A1"RIM* zz KU ASEESRK 0.1[MW WL RATE MAP N..369¢�010 owl !NtUS Or f1i IHNLLY CNWCE ftOW ` SgtwC ERIC.INO ARU.s PROTECTED�TLET�fAOUO1V11fi ANNUV.CNWCE 111000 S 67'55'00•E 125.00 • y .... � W .✓ m 85.00' •r• ! ,JT'.•} "n°",w:. N 2.2459 W 9 5 70.56'00' .s '6 xNiNOSNINN o .s , 61a f' B �r, ,' � less rAEEFRm N 6 A •T.o�!�r� 55'00'W 2lrwY'ri.it;3 S• ~.]•� 115.00'0 5 R -923, a.4o P `REO:lIRANPaL L - x �i rurr:mvEEar.r �Q .�. � 1,3.03'• 0 r_-I '•,t•• I I � •. m-3.84 Ir�.� 4•• S 07'55'00'E 115.00' '• ..R• •!• W .o I ..r. •Hi. .'.•..�;:; 'A 32.03' ,E,•e If I 2 y a S 1350'41'E [� •"^^�.p, 81.48 x �� N 67'55'00'W n.r xa¢ rJ F 234.56' APrrWN�A°rc orrrr I A'+mrr�A�unrr r2c w..+.t.w.m.n Nn rcrrour urrw ELC J s athan Taft Corwin III ILand Surveyor ��!?5s rwc(u1)m-EnE rn(u0m-1m nv o� rmmE w�"."pE,�LORAWIN�„„�m® 117 03 "bN (ALj�0 / { •I��G3d�nMcQ 7, IS ' air S�rv-Mk 'Com-f CAcij 1,L(-oU ZSA 6 PN �' ® Y� 4�14rt Y • :rte } .i • NFv` . 7t . -S• - 1 . s �"u�t• 1��.�. HOUSE CREEK Nl SCHOOL , r9�. �9 c� I� 87 3/ 50 GBi! EAD BULKHEAD + � V osm 0 N. 04 45' 90' W 4 N��3' '4 my aocx 4 ` 82.67' , W 67� � FLoa c j��F •SGtI vL'TN-P 1.5 N- 25' 33' 20' W r� Q' P CE+ WOOD DEGC I ►� / Y � 1000-117-05".144 15.20P �•20 1d.3' W/RAILING ,[ cW 6 i O C.) BLUESFONE � 8' + DRIVEWAY 2 CARO GARAGE AVG, FL. Q7.59. p ' V.4' Oc � . TRA VEL ED ROA D 84.39' qr OWNER, G-�RARD CAA()LrN sc.+vci PRF-PARER") &Erz�RD . ' Scyvt -K)5 lo/7/&Z hV r —F.VTI+IL T'M 1000- I �. �-,� °� �. SCTM 1000—��7—p 5 �f 6 7 N x•6.4- ��pi2'ESS , N of SvFFoLK ICY . if .66 y 4 t� T w r o': Dew Gs A R Fly 09 Rvo P > a a v `C" 85— ��-Mov�.�i ReDdN a ORCHARD SrREE"T ° F X1 s•t'ivG rQor PP1 vT C)I= Y i ik 1 _ 0 4oijs F-/o F-CK wi Lt. Na i !� X 1N1vM 4=A CA v 1'I pA/ . I N eFD Po `1 �r� �,.I t t-� NO G&4 nr c R,4* 5 k 1nliLl. 13 F 1- EZ-Tl+#/V 1p—t r. � FI IZIA/6� �1pr CL eARtjA/G- � C NO pa t ,XF AOL ri Lo 0 L Wes+ 1 V 'K ✓ •}'w v e � tit 1 R' - - 1 i� yK i F ry f7"T_ Y .*1 6, ���-S'.tx �•�zpsf'�_ � ���3 �Y,j�SL t'' � .t Y.t f �..,v { r ;i�`a! .�I ��� - _ � e�• ! <.�'i ^,n`r„ jar a-y 1`dtj .sem•.- LL 1 �O V�►le�`�' New �2 rL iZ cz IZ f..� 12 rL R.4" Exp V -9 Four APPEALS BOARD MEMBERS ® ®� Southold Town Hall Ruth D. Oliva,Chairwoman �� �� 53095 Main Road Gerard P.Goehringer W P.O.Box 1179 Lydia A.Tortora _ Southold,NY 11971-0959 Vincent Orlando ® ®�� Tel. (631)765-1809 James Dinizio,Jr. ®�, �� Fax(631)765-9064 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS z1:00pr), TOWN OF SOUTHOLD 'OCT 12 20 FINDINGS, DELIBERATIONS AND DECISION Q • OCTOBER 7, 2004 SPECIAL MEETING Southold Town Cie k ZBA File No. 5296—GERARD H. and CAROLYN SCHULTEIS Property Location: 1640 First Street, New Suffolk; CTM Parcel 117-5-46.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the,property under consideration in this application and determines that this review falls under the Type 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 applicants' 12,017 sq. ft. parcel has 84.39 ft. frontage along "Traveled Road" at the end of First Street in New Suffolk. The property fronts along Cutchogue Harbor and is improved with a one-story residence with elevated wood decks and an accessory two-car garage, all as shown on the survey prepared by Stanley J. Isaksen, Jr. dated October 9, 2001. BASIS OF APPLICATION: Building Department's January 2, 2003 Notice of Disapproval, amended April 16, 2003, citing Sections 100-242A and 100-244, in its denial of a building permit to construct an additions and alterations to the existing dwelling. The reasons stated in its denial are that the code requires a rear yard setback of 35 feet, and a proposed new nonconformance or increased degree of nonconformance with regard to the regulations pertaining to such building is not permitted, and that the existing single-family dwelling has a rear yard setback of approximately zero (0) feet, which will be maintained as a result of the proposed construction. The additions are proposed over the existing footprint at +-12.3 feet from the northerly property line (rear yard line). Although the Notice of Disapproval states that the property is zoned R-40 Residential, the zoning map indicates a Marine l zoning designation (rather than R-40 or M-1 1). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004 and September 14, 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: Applicants wish to construct two-story addition/alterations to their existing dwelling as shown on the applicant's construction diagram dated 10/7/02, revised 12/26/02. Applicants' October 9, 2001 survey prepared by Stanley J. Isaksen, Jr., L.S. shows the setbacks of the existing one-story dwelling with deck areas at: (a) zero from the northerly bulkhead/property line along Schoolhouse Creek, (b) 18.1 feet from the westerly bulkhead/property line, (c)48+-feet F Page 2—October 7,2004-- - {� ZBA File No.5296—G.and C.Schultheis (�J 117-5-46.3 at New Suffolk from the southerly property line, and (d) +-16 feet from the easterly property line, at its ' closest points. The additions include the proposed living area, expanded from approximately 1,000 sq.ft. to +-1,600 square feet. Also proposed is a new roof over the existing deck, replacing the plastic roof with wood construction. CONCERNS RAISED: During the public hearings held July 15, 2004 and September 14, 2004, concerns were raised and all testimony was noted as part of the record. 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 relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood within 600 ft. radius of the applicant's dwelling consists mainly of buildings with variable nonconforming setbacks. There will be no reduction of the existing nonconforming setback, and the addition will be 12 ft.farther from the rear property line than the existing deck,which is within inches of the rear line. The relief granted is a balance between the necessary part�of the maintenance and enjoyment by applicants of their property and nearby marine uses and other properties in this community. 2. The benefit sought by the applicant cannot be achieved by some method,,feasible for the applicant to pursue, other than the relief requested at +-12.3 feet. Without a variance, the additions and alterations would not be possible. To relocate the addition would require filling of adjacent wetland areas, for which other agencies would have jurisdiction, and which variances under Town, County and Federal wetland ordinances have not been issued. In addition, the property is surrounded on three sides by water, and water lines, sanitary system, and bulkhead anchors exist within the underground infrastructure. The garage requires back up and turn around clearances. Parking is required. 3. The relief requested is substantial. The addition is 22.7 feet less than the 35 ft. code requirement. 4. The difficulty has been self-created, since new construction was planned with knowledge of the many different code requirements for a lot with 12,017 sq. ft. of area, containing a dwelling in a nonconforming location. 5. No evidence has been submitted to suggest that a variance in this community will have an adverse impact on the physical or environmental conditions in the neighborhood. With respect to emergency access, the applicant has provided information to show that emergency access is available over a 15 ft. wide right-of-way to the applicants premises. G L Page 3—October 7,2004 ZBA File No.5296—G.and C.Schultheis 117-5-46.3 at New Suffolk 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 Orlando, seconded by Member Dinizio, and duly carried,to GRANT, the variance as applied for, as shown on applicant's construction diagram dated 10/7/02, revised 12/26/02, and survey confirming existing setbacks prepared by Stanley J. Isaksen, Jr. dated October 9, 2001. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, Orlando, and Dinizio. Nay: Member Goehringer. This Resolution=E). ed (4-1). nQ L� Ruth D. Oliva, Chairwoman—Approved 10/12/04 1 1�1 s� •`' •i:r rte �' ft •. , ,fig;�;' ,. 'tY,a�'`S1•t°°� r•; �'' :fir,• - ^�%t ,ti,. 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BULKHEAD BULIWEAD" ^�- -ti EL KOOD J':.- DEC# m EMI / t N'04* 45' 10' /RauNc 4• �0 ; 34.86' F 1 STORY FV, 71,.86'P RESIDENCE N 83' 49' » ' '•' ' ::; a•, fcoAnNc Dori ,ms F.FL EL r,.75 82.67' 10 {N ,y�o�•rJ SURVEYOF - s' v N*'25' 33' 20' wsz. I ;� 0 DESCRIBED PROPERTY 1 - 15..20' rF *WD DECK ^ N �� - SITUATE' . '• W/RAILING nNB �'sr '\ NEW SUFFOLK, TOWN OF SOUTHOLD W+ cu l GJ SUFFOLK COUNTY, N.Y. O BLUESTONE uj 0i SURVEYED FOR: GERARD H. SCHULTHEIS h3 CAROL YN M. SCHUL THE/S I 8' 22.4' DRIVEWAY m N/F TUTHILL � � 2 CAR � AVG. EL =Z5 O h GARAGE ti e a SURVE}-D 09 OCTOBER, 2001 9.8 SCALE_1'=30' 6.4' E O a,. N 83. 49 (� AREA— 12 017 SF TRA VEL E- Row 84.39' N/F SCHULTI/EIS 0.2760 OR D THIS PARCELFOUND ENT/RELY ELEVATIONS SHOWN HEREON /S /N FLOOD O8(ETI ARE IN 1929 NGVD. SOURCE t SOURCE- FEMA MAP No. 36103 C 050/G BENCH No 8 1933 EL 5.69 DATED MAY 4,1998. `•'c: , - r11 s� "= SURVEYED BY GUARANTEES IND/CATER HERE ON Shat RUN •,.a r:.C ONLY>a THE PERSCN FDR WOM 7HE SURVEY TM 1000-117-05-46.3 n��A�AND GV :=.STANLEY'J•.1SAKSEN, JR. LENDING/N571MMON,IF LISTED HMEM AND •-P.O. BOX 294 1► TO THE ASSIGNEES OF THE LENDING MSMUMV. W GTIARANTEES ARE Nor wnsFmABLE TD NE SUFFOLK, NY 11956 AwmavAL MSnluirms oR SUBsm iNr oNNERs ORCHARD STREET s31 7.34=s835 / UNAUTHORIZED ALTERA77M A4 al0fnav 7V WS - --- - - SURVEY/S A vTaancw OF SEMON 7209 OF GUARANTEED TO (� :•_:-._ . . . __ THE NEjW mere STATE_EDUCAUM LAM. - _ CEI ED AND SU ' YOR" NYS L C I NO 492 t CLtplES C7:"n/LS SURVEYY NAP NOT BEARING _ r� s GERARD H. SCHUL 1HEIS THE LAND sURVErCws EuecssEO sEac SHALL ;;•' CAROLYN Al SCHULTHEIS NOr BE CONSIOERED 1D BEA VALID TRUE - � I/r.,:,�}.t`' 01810 19NOVOl ADD FIRM DATA73't - Y R� ZONING BOARD �\a� HEARING JULY 1 Gerard H. & Carolyn M. Schultheis PO SOX 299 New Suffolk, New York 11956 -- �I;�i11MARY - t This document contains evidence presented to the Supreme Court State of New York regarding the Article 78 Proceedings brought by Gerard K&Carolyn M Schultheis against the Zoning Board of Appeals of the Town of Southold as well information to refute the testimony of Lydia A.Tortora presented to the Court. The information contained here-in addresses item by item every piece of evidence presented by the Town. The following items are addressed: 1) The character of the neighborhood 2) Fire&Emergency access 3) The fallacy of the request being self-created 4) Environmental Concerns 5) Property constraints 6) Request for interpretation of the Code The petitioners come before the Board as citizens of the Town.Mr.Schultheis has spent over 30 years working with governments in the New York Metropolitan area as well as across the country.He is a graduate Civil Engineer who has done graduate work in Soils Engineering.He has served on the Planning Board of the Village of Lloyd Harbor(which has responsibility for both Planning&Zoning).He is a past member of the American Planning Association.He has participated in the implementation of numerous information processing systems and especially those related to land use and Geographic Information Systems. Mr.Schultheis has served the Town of Southold as a past member of the Police Advisory Committee,is a present member of the Board of Assessment Review and has just been named as a Stakeholder by the Town Board He was responsible for the study performed for the Town regarding the utilization of Information Processing and Geographic Information Systems in the mid 1990's. When you look at the facts it is difficult to comprehend the reasons for.the Board's actions.The evidence does not support the ruling of the Zoning Board of Appeals. It is especially disturbing to realize the Board has taken a posture that discourages the care of senior citizens by members oftheir families. Rebuttal to AFFIDAVIT by Lydia A.Tortora dated September 23,2003 which was submitted as the Zoning Board of Appeals response to the Article 78 Proceedings filed by the petitioners. Each of the 17 points raised will be addressed on an individual basis.The material presented in the document attached will supply detailed information to,establish the actual facts. Items l to 3 merely state facts regarding the position of Lydia Tortora,and the history of the application and local demographics. Item 4 states the property is significantly undersized and nonconforming.'This is true but you must realize that the structures were initially built prior to any zoning in the Town.Additions and alterations made during the existence of zoning and other permit requirements all have the necessary and required permits,variances,CO's etc. Review of the evidence submitted will show that the entire neighborhood within a 600'radius of the subject house as well as New Suffolk is nonconforming to the Zoning in place. Item 5 addresses the setbacks. The setbacks are real and exist because either they existed before zoning or because of alterations undertaken which all have the necessary permits and approvals required when they were undertaken. Item 6 states a fact about the requested addition.The addition is all contained within the existing building envelope for which all necessary and required permits and approvals are in place.The additional living space is all contained in the existing budding envelope. Item 7 states the Building Department denied the application because the R40 Zone requires setbacks of at least 35 feet.This in fact is the reason for requesting the variance.None of the other issues raised by the Zoning Board are contained in the Building Departments denial.It must also be noted,that the subject property is in the MI Zone and not R40.Residential construction is an allowable use in the MI Zone. Item 8 addresses the actual application for the variance.The application for the variance was submitted with a cover letter which contained significant amounts of information which address many issues involved in this request. Item 9 indicates the Board denied the application without prejudice.It also appears they denied the application based on testimony referenced which was never brought up at the public hearing the testimony of two nonresidents of New Suffolk,one of whom initiated a history of contentious relationships with both the petitioners and the previous owners of the property,and the complete lack of understanding the characteristic ofthe neighborhood. �- Item 10 addresses the issue of the area of living area added and the setback Again it must be stressed that the lot coverage remains at 14%which is less than the required 20%in the R-40 Zone(the coverage could be brought to 8%by combining with Lot 44).In other variances granted in the area the lot coverage was the basis for the decision and the setbacks which were worst than the subject property were never addressed. This is selective and non consistent interpretation Item 11 addresses the character of the area and the detriment to nearby properties. EVERY WATERFRONT BUILDING (RESIDENTIAL & COMMERCIAL) WITHIN 3000 FEET TO THE SOUTH OF THE SUBJECT PROPERTY AS WELL AS THE 4 WATERFRONT LOTS TO TIME NORTH ARE NONCONFORMING FOR REASONS SUCH AS SETBACKS AND LOT COVERAGES In addition all of the surrounding interior lots are nonconforming as well.The material contained in the document submitted contains much evidence regarding the issues of character of the area, detriment to nearby properties and the pristine aspect of the inlet. Item 12 addresses the issue of emergency access.There was no testimony presented at the Public Hearing on this subject.If you look at the Town Code it requires 15' of clearance for emergency access. The ROW to the house is straight and 29'wide.If you measure from significant items in the ROW(poles,large trees,etc.)there is no Point where there is less than 15' of clearance.If necessary'the ROW can be cleared ! to,achieve a total of 29'of clearance that would be available.In addition the Cutchogue Fire Department was consulted on this issue and they-indicated they would have no problem accessing the property. IT IS ESPECIALLY DISTURBING TO REALIZE THAT THE BOARD HAS TAKEN A POSTURE THAT DISCOURAGES THE CARE OF SENIOR CITIZENS BY MEMBERS OF THEIR FAMILIES AT THEIR HOMES. Item 14 addresses the issue of the stability of the bulk heading.Again this concern was brought up at the public hearing and was addressed at the hearing.The additional weight will have no effect on the bulkhead because when the addition was added to the house in 1988 a new foundation was added to the north side as well as portions of the west and east.sides contiguous to the north side that achieves the effect of applying the weight of the house to a lower level that will not place any stress on the bulkhead.The footing under this new foundation was also made wider to reduce the weight per square foot transmitted to the surface it rests upon..In addition when the bulkhead was built the design was based on the"Design of Pressure-Treated Wood Bulkheads"by James S.Grabam of ASCE(American Society of Civil Engineers). Every member used in the construction of the bulkhead was larger than the requirement For example based on the Moment of Inertia of the 3"thick sheeting used it is 225%stronger than the 2"thick sheeting required by the design.When you realize the foundation is designed to not transmit any load to the bulkhead the increased strength of the bulkhead on further insures the security of the structure. In item 15 the issue of other feasible,less intrusive method of construction is addressed.The attached document addresses the constraints of the site which preclude the suggestion as a viable altemative.TIME FALACY OF THIS APPROACH . IS THAT IT DOES NOTHING TO CHANGE THE EXISTING SETBACKS WHICH WAS THE PRIMARY REASON STATED FOR THE REJECTION OF TIME REQUEST OF TIME VARIANCE. Item 16 addresses the issue of seeking an interpretation of the code.In fact both the cover letter submitted with the application and the testimony at the Public Hearing asked for this interpretation.The request was clearly ignored. As far as Item 17 is concerned it is obvious that the denial of the variance was done with prejudice when you review the facts,was not rational but appears to be more emotional based on the testimony of two non residents of the area,lacks the presence of any evidence and should be changed. J CHARACTERISTIC OF THE (NEIGHBORHOOD Aerial Photo of Area Zoning Orap Neighborhood Sentiment Petition Neighborhood Demographics Pristine Nature of Schoolhouse Creek Close by Waterfront Residences 1 AERIAL PHOTO-shows the aerial view of the immediate neighborhood along with the tax map superimposed. The information comes from the preparation of the digitization of the Suffolk County Tax Map. 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'3•a-�t'`�pv�i, t'���ny .'��.4 s p�;`�a'�$t<r't'c;r�: .. `bks'. ,.,YZ' j 5 '.i . . s .y�� � t •�ft �r.pQiYi: fr � -z?'�� "" £"}a 5 e;r . y�:•.:...._..,.»:.�-. <,Tsrt; .,, � .�•� :r t • �' ,: ,.. - ,. .....s « .•�'� �ikt'� t.: C Y,f ',, �� ,t�,. >�i"' \C` l ',4"�'�q�a:i sK'Yi`1 '!s t s^ t�� ' ' ....r l.'•�•� .......y P f •• !y'Se � fI�4 S�.�'•x"i '•��1 E".'�ti.4 �� .... ,� 2 �•' ..�,,. std .s$k�".. '••<"', 7� 1 p, '�.•tfh't?k © �••�r'�, ? k�. � r��'� r�,s�.�,��'S,itCs��t•��,7�ss�s�r�'+�)�lti,7�'8���"'� ty< �.£y.: S�2�M�y�ss.C. .v Z '...5•r �j'3 /1 ., r, v I ?� '� � •.�Sf at 'S L •t �. L,"— r:} `c J3'sk✓ (�.Y y� � �� .� # �,: :S�1 �`.'� - � � • � c f �en���s�^�'��%yfr�,.�""i``�� �4�ti��'°y5,f's a df `�ry��'t"itL3;�^L{ii.�• �,t Y.' t .,t` 1 I I ' 's`•..e r. ,+ .'' >`) t•t h�X t'% fa ✓'�"t`tC,C JyJ+Y•if,:,$?3:,t.17 '='i xp��. ZONING MAP- shows the portion of the Zoning Map for the neighborhood as it exists on the wall in Town Hall. Note that the subject property is in the MI Zone and all surrounding residences are in the R-40 Zone. Also note that every residential parcel in the immediate neighborhood is NON-CONFORMING to the R-40 Zoning. Every parcel contains less than 40,000 square feet. The entire character of the neighborhood is non-conforming. ay t W.. i r ROAo Pt`RT L7 W� 777 _ . `P v�:• `�� , of �d ,:?' — � -4 ��cZ �-,E` - , G w S Zoi� I fV& M A P F P OM WALL o �v//� f-1-LL - NEIGHBORHOOD SENTIMENT the immediate neighbors who live in the neighborhood were presented with a petition whereby they could voice their sentiment regarding the Zoning's Board ' determination that the relief requested would produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 100% of those presented with the petition disagreed with the Board's ruling regarding the issues of undesirable change in the character of the neighborhood or being a detriment to nearby properties. Each homeowner was shown representations of what the house looks like at present as well as what it might look like after the additions. A plan of the,construction was also shown. A map of the location of the residents horses who signed the petition as well as a copy of the petition is included. It is worthy to note that the two people who objected to the request for the variance at the public hearing are business associates who do not live in the neighborhood. One lives-in Greenport and the other in Nlattituck. AW. C. , y D2 too too52 Ow all, L toA % A: r u UA or OIZW Do .6 0 WAT6 P, r4a coo 9b• f "g Tggq Qy lop o w W4. gp OuO -, ra" T7WMI Bill To g Gill W, 06 u sup r�--R", Pip- Q7 0 (95':� b, 1219 too&. < BD og soR! rdJRIJrI 41, eb 040 let, N c 0 fa Jerry&Cali Schultheis PO Sox 299,1640 First Street New Suffolk,NY 19956-0299 � i G39 734-7265 sehu1270-atWobat.net October3,2003 ` To our New Suffolk Neighbors: - We recently requested from the Town of Southold Board of Zoning Appeals a variance to add a partial - second hour io our house al 1640 Fw&Street:A present,ata house has a tittle over I OW square feet with only one bedroom. Our intent was to add approximately 500 square feet for additional bedrooms over a portion of the house. The Zoning Board indicated in their decision that the addition requested"would be out of character for the area and a detriment to nearby ptiopertie We do not believe that this is a fair assessment of the • project and respectfully request that you share your thoughts with us. ,ff you agree VM us that this project would not be out of character for the area and a detriment to nearby properties,we would appreciate your support by signing below.THANKYOU NAME ADDRESS NAME ADDRESS S5" Pf ADDRESS S 0 (IJ L- - NABilE --f,'u�c ADDRESS �•2�� ,� �� _�(, /�,�_�' .��_ G•Y C' .• NAME �w��� 5 - 3"qL��� • F �•;Y��`��' ADDRFeSS (V-5 C'f� ,..�.�� . _ �,�-� �,--Park !v -G NAME � l� /�. ADDRESS � t '.1.��C,•G• NAME - i- j •'sy- "�isj�x ADDRESS Ri> NAME c '• s ADDRESS S TJT—jC-:–) c t V, t • • Page OCtober3,2003 NAME ADDRESS25 / NAME - - - ADDRESS f NAME ADDRESS NAME ADDRESS NAME ADDRESS J NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME .: ADDRESS N14ME ADDRESS NAME ADDRESS " NAME .• = •:�% ADDRESS ~ ry NAME ADDRESS r - Jerry&Cali Schultheis PO Box 299,1640 First Street New Suffolk, NY 11956-0299 631734-7265 / schu1276Wattatobat net JUIy 8,2004 ' To our New Suffolk Neighbors: We recently requested from the Town of Southold Board of Zoning Appeals a variance to add a partial second Root to our house at 1640 First Street.At present,our house has a little over IOW square feet with only one bedroom.Our intent was to add approAmately 500 square feet for additional bedrooms over a portion of the house. The Zoning Board indicated in their decision that the addition requested"would be out of cliaracter for the area and a detriment to nearby properties='.We do not believe that this is a fair assessment of the project and respectfully request that you share your thoughts with us. r If you agree with us that this project would not be out of character for the area and a detriment to nearby properties,we would appreciate your support by signing below.THANK YOU. NAMEa"O s 1 L '7; �: ADDRESS eta, er &4-- NAME r ADDRESS 1 S T 1 a, l c/ 5, dL)L NAME N431-jv S 052t U v a- ADDRESS /r�-y� ©� Oly-- N•.P�cJ S �l� NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NEIGHBORHOOD DEMOGRAPHICS-photos of all homes in the immediate neighborhood (600' radius of subject property) are shown. A map identifies multi-story homes, single-story homes, vacant land and parcels Zoned MI. All of the homes identified in the R-40 Zone are non-conforming to the area requirements and most to the setback requirements of the Zoning. Other non-Conforming uses are recorded below the pictures. A review of variances applied for and granted in the neighborhood will show a high percentage of applications due to the non-conformity of the area. 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'413+1 1 � 1 jam l S � 1 I i `�,� I��iii hill � I' I. t+` r r - ..� � I � ,. „ Illll llllllllglll i i ia�' 'i ,^ '"�5 z-tr `"�. ...w,emr�������� ., 3. �,�j, ��ly��- ���a�.. at �,t�• _ �t r� �` ..� ..A"�` �r 'Alli D� t-w _ Nh r T' r ,*+k .ry-:.. - � -- .. — _.r-er •� ����r'r'� - e 000-' i I� S-- 124 (caoo 117 � io 7/7 PRISTINE ASPECT OF NEIGHBORHOOD-the Zoning Board in their AFFIDAVIT indicated the project would "adversely impact the view and pristine aspect of a very beautiful inlet'. Testimony given by Phil Loria at the public hearing said "I'd like to commend Mr. & Mrs. Schultheis they have a beautiful home they have done a great job and they keep it up well."This was the only testimony that could be found regarding this issue and it does not support the position taken by the Board. Quite to the contrary it is worthy to note the conditions that Larry Tuthill maintains on the properties he is responsible for maintaining (by ownership or as an estate trustee) on Schoolhouse Creek (Tax Map Parcels 1000-117-5 Lots 46.4,47, 50 and 14.2). The only way to describe them is a JUNK YARD. To support this view pictures of conditions of his property are included. The question that needs to be answered is: if the Zoning Board is concerned about the"pristine aspect of a very beautiful inlet" how can they give any consideration to Mr. Tuthills testimony at the Public Hearing? It is encouraging to realize that with the Board's concem with the pristine aspect of the area they clearly are opposed to the deplorable conditions maintained by Mr. Tuthill. 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'i! .r.,, ' u j•` ore'd Pilin s z. Dxk SGfwyS� �t�t�yS S'-}fir-A 4 0 / CLOSE BY WATERFRONT HOMES-if you were to travel along the waterfront to the south and north and look at the closest waterfront homes, you would experience situations which are contrary to the Board's decision. If you go four homes to the north y®u will find a cottage built right on the beach. Go to the next two homes on the water to the south and you will find a home with it's edge on the bulkhead which was recently granted a variance to increase it's lot coverage to 24% and a house with a lot coverage of 35%.Go to the next house to the south and west and you will find a house that was given a variance to increase its lot coverage to over 20%. The seventh closest home to the south and west has been torn down and the owners are living over the recently constructed garage with second floor. For the two homes that were granted variances it is interesting to read from the rulings. They say: 1) "balance between the necessary part of the maintenance and enjoyment by applicants of their property 2) "the area variance is not substantial" _ 3) "Since the total area around said parcel contains all substandard lots......there will be no adverse effect to physical or environmental conditions of the neighborhood" 4) "the board deems this action to be the minimum necessary and adequate to enable the applicants to enjoy the benefits of their dwelling" 5) "The proposed expansion.......will significantly improve living conditions" 6) "Because the property is bounded by water on the north and east it does not appear seriously crowded" 7) "is the minimum action necessary and adequate to enable applicant to enjoy the benefits of a more livable house" THE BOARD IS SELECTIVLY APPLYING STANDARDS! ° S r 12 9 2 _ „ 12 FOR PARG1 " C 6 17.4 SEE SE 1 176.03•w1 Gt a f r 17 t^ 1.1Afcf L1AIe) t 3 i µl,, a 7 w q •�j�, 6 p[ ,>r � 5' A 2•BA , 1.1 ty :�, ne 10 9r` �,." 16 B 1.6 s. 17.3 y e 12P1t1 5 : t GEORGE 1 dp'• _ _ IELSSE7 R 11 l50' �-14 9 hI g 0.23. g n q 16.4 1rS,i 14 -, � ^¢ ?y-" �1, ,'I6'$>:! 19,2 E 34 3 26 s •t- q{a 12.t ., r.y' 1 y 1� r 5 !9 P 18.8 1.AA{c1 n -� ',n •n, `13• r py u s g ' re 14 u 1.5A(e) } ss 9 e 21 ' 2z �g 14.1 CUTCHOGUE HARBOR 7 t4 ti Oq (ng WA(c) t 26 31 15 s t5 P u ° 20 29.1 9 !' 4+SO 12 a " , ' Pe 71 3 e 2.2Ate1 �'% 17Ate1 Y. 'i, r i1,6f a t 9 ° 1l a 7= 21 25k 2fi 2 27 4 29 9 wl NrDFmucl i g a� ; Nou7r Crte E 2 n 5 LP,1 a 47 SPlo01 R 9 s 5 t0 5 22 5 43 'GNARUE 1 v S 2.2M) + i emal $ 0 9 3C . 4 esb• o IM NER 31 43FiSr 2 .1 t 5 37 30 39 �� t 3 7} LGA(et u'� 3i c--tv 9 7A P e A t 1.6A1e1 m 2 ' ]A�p e 4 12 313x521 a r 1rt `, :31�•, I ram Q y 5 5 $ 3 1 O$4 3 16 g j0 14 a 4 1 P 17•24 17 w V�J "'�" 13.2 13.t 12. 11.1 11.2 RQ jo8 i a4y S2 t501 5 0 SEE SEG NO. 137 K llRO'S c d S +'i1 S A 5T n. ,p u � t���+ ^f� a 20.2?'�Q 2B.1 } `� 11 P(c`�''�J 1\�S !! rl4cl' !`i SS 01 ,n ,, 1 18.2 16,6 S t7 E I 2 1 K616 $ 9 11} t6; 27 = 6, ' S9 ;f !AY 't 1,7A1c1 I 19.1 5i0.t1 .,; n• ;14 4 S FOLK u 27 x Sp15fa t? P17 P SO F 5 12 5x153 3,5A101 StNt 22 la N �5 5 O $ 6 x 2t 5 . 6 , L4Ate1 9 tg 1S 3 ISO u } Tp'1N r 14.2 71•t y.r 22 427$ ' j0 27 / OF 5 3 2 N kr/5W7�eR t5 1 t5') 1 1S VI 16.2 6.tc n 5 G 1U1 Lim n 1 . ° t2 °n 17 c 3 i1 9 24 21 5 N NEq SUFFOLK AVE. „ 5 5 a 9 b O , $15.15 E tt 3 E P 19 . •f 3.3Atet m I 1 2 4.l 5.t 72 2.6A1e1 1 y 20 @ 1S A, o •• .3Afe1 e n 2 MAW u IS 31 'u 11 14 1 ^59.2 g 6 c t0 JpptSON 1•S: 22 n r �,A 1, /� JACtSO°H na n In ' 1 11° 20.2 n 1.341c1 A f yt . 1 1 ' S "' t50'1 ° Q t9.2 5P TOtN E�' d7 9 r , 5 t7 16.1 5e20. Qr} o E •SJ SpUTNOLO 20.9 to 20 ! 3'IAfU 1.5A(e) 1.2Afr, 3 ti 7 0 9 l0 11 12.4 5 16$w 5tgt$ e 3 2.1A(cl I.6A(e) 2,OA(OI v 5 u P ' $ I '•• 12.7 12.20.8 159 X4 44 \ ------ SAY PECONIC GREAT L SEC.N0.t74 • _ tr 'S :v t,11'1.7:,t' }t}: ul`5 .Y.=.:i' T.'f"-t' ',•��'}�..,::,.:i, a S• �� .z.. .t°. :illi.. - ,.r�'t..} _ ,� -_ •,1C. 1 ir _ ..i....'S. .°,. _ _ ;;'�• 'Fi�Ys'.%OFr•-SU..FiJLyt s;"`• - ''' )) •Rr ' 'rrznics•.•.^�' h• ,.i�,�. -.CDU N, Si aY tl�a;,:-z;, Iola;t,•.',iio�',r.'{rC1p h:.FS: �.-".-._.�.iS,7 :Ixal'xs' P°a Nj�r i°'ng.r' .0`,Pba ,1S ".NOTICE'�,rs`.iy°:.X.'i 'U'+,l n. - .>• k�akt,� .I ,,^.Ei r<,., ryprF -sa- "nnmlo:l°ui,iv'^-�n.�._ NL n.u'!.. >•/rc„- rol.armC:y`°,9rn.)Sip r'll;`�y x:-19.•+s .:,3:,,.'d�.., "-4 � r -•;!• ;k':I.a.>~ls,,.:A3G .,b: - �". i,' P' - h 5_. MY :Y' sa•J t u r1IE J+tnu vn 4 v .,, t3 �: ec• t;rul tw; .k- - s i-,., �', 'e � � n4rrst. � t�lp-��° .,.al.x /��p ~ I 1 , >a. 'x4.4,•N'..,.. 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APPEAr t ISOARD MEUBHRS Sott`tIl'oI'ct'kbwn.H>3It Gerard?Gochringer,Chaim= - -• j3035`IVfsiuitvgd Diniaio,Jz - P. m,1- ).9, James zes ,� � G- Southold;Nero York-11471 Lora S.ColourLydia A. y�+ .r ZSAFax(516)765-4064 George Homing dal' $�, Telephone(516)765-1809 BOARP OF APPYAILS TQW90FSOVW-01 FINDINGS,DEU13ERATI;ONSAND DETERMINATION MEETING OF DECEMBER 14.1999 r:ApPL No.4765-EDWAR , .STREEf-&LOCA11ON: '308e6oftdStreet;NeiVStrffolk - 1000-117 4(1-20.4:. DATE OF PUBUC HEAPJ iG:-October 14,1999;November 18,'1999 ANDINGS OF FACT PRbP.ERTY FACTS/I)1_SCR(PTION:,The appllcagfs propedy eonsists of 5,450 sq.fQn area wish 100 IL T outage along the-vi►esrsfde of Seaorid-ttfte t,New.St.dfok The.proper- is improved with a one=story ciiUzge as shown•on the suiveyco `map ptepaj&d by Penic Stiiveyors, P.C. and updated March 18;1999. BASIS OF APPLICATION:Bwlding•Inspedor7sAugust2§,1999 Notica of Disapproval which states that the app)ication for a•building peimit to!'Onstruct a 2nd•story addition and porch addition" encroaches stn the.rear yard setbac lL-Under Article)GOV.Section 100-244 nonconforming lots require thirty=five(35)feet fora rear yard setback and lot coverage is.limited to 20%. AREA VARIANCE RELIEF REQUESTED: By application ror a building permit dated Jiffy 6.1999, applieapt is regue'sting a sedprid s6ory addition'and porch addition wbich reduces the rear yard setback frotit4&feet to23 •-!feet,and increases lot-coverage to 31•a•-sq.k.over the 20%iimita�ion. Applicaiht is also regues8ng that the Board rescind Conditions under foimer Appl.No.1597 which restdctthe propedy-toseasona)use as a cottage. 12EASCSNStFOF210A(2mAG1if(3N:DESCRI8ED.6ELOW: Based oJiihe testimony and record bsrors the 1 sVd and psrsortal irts Ctir»h;#leStrard makes the fotloWng findings: 1.:The'peryentaao of-Iot:coversye requested pfAl not negatively impact the nrr_rounding•plh�pertie."s because.ii iq a k�alake-3�e eia'iha.nsressaq� pas;: of the maiirtnence and enjojimelt by-- appticarits bf their-property and tfre-general commun%r-vAiich is Vseasonat community. 2- Since.the lot.in question is sign shy substandard, any speegic alteration of seasonal dwelling would require-'variance, 3. :r he a:'ea varia*tce is-not substantial and the Board concur s�regular maintenance and t updating of the seasonal dvtfeilirg.���ould require m16mum variancs as applied for(lot co_vemae for porch and roar aito-ralion-eimansio i/second-storv-addition). I 4-.Since•the total.area swung said parcel contains all subst3r'hdard lots and appfearlt is-not " -:eicpapabng.tdiard arririunity rpsor t area the_re vet he no. adV01te efiei: W physical of _ -.enyironmenfai conditions oftiie-fteigfiborihcod: ' i -5. In cobsidering tiffs=application,-rile Board'deems this achen to be the minimum necessary and ZOA-Appfi RD.4749-B*jwd WeW Parcd 1001-V-10-2(0 V--1Q-20.4 �P ;;adequate.;to;enable.tjte appf¢gnts to.enjo}��:tlae:d�enefrt.o;their_-ril/e!t!n„a,•vrnile prekervirr�q p�gtecting tris character o the Qeighbod7ood ans bgft�e ltli =a��bj a�td`ivetfare o'i`rie eom tW�irrdit RESOLUTION/ACi70N:On motion by'iUlember Dirlmo.seconded by MemherCoflins,itwas RESOLVED,to DENT the applicants request for removal of the prior conditions rendered by the Board of Appeals;;-and BE 1T FURTHER RESOLVED.to APPROVE the lot coverage variance for a second-story alteration-addition, as applied for. ''• `:TVQOrTb�EOF?NE80A]f3D:rQYES: Members G� h��erC- and pLberer � Me Hjiawasb ;hs iesofutin ga !I ' GERARD-P.GOEiRINGEl2 . CHAIRmW Approved fbFRIng ANIDD B S+ `�3'L:33is<._..t'J`�.'-:-`• iii;.•nom.._ - I F r7=1. e .S%.Yrti;.tt•:I.t3ti �..r.•t[::.Kw..r•.- �.a+7at7 o-�::t'i::"'S'e'd•...e_� =S4� •�.. :J �.qta . l APIi13,4LS BOARD MEMBi"sRS 0 Southold Towa HaH Gerard i:Goebringer,Clic d ran �.{ 53095 Main Road James Dinizio,Jr. P.O.Box 1179 LydiaA Tortam ® Southold,New York 11971 Lora S.Collins 'd �p� ZBA Fax(631)765-9964 George Homing 1 [ Telephone(631)765-1809 BOARD®F APPEALS . TOWN•OF SOUTHOLD FINDINGS.DELlBE -n0NS AND DETEftNIINXMON MEMING OF Juilt 8,2000: ;AppL 61a,482t-EEAlNE.ROMAGNOLI: ttfsls2 requesfoY#i Vregnce irftde�Riticle?QflV,Section 1�0.242A:i�asea;piithe B�i 'k�'r�q andors yUyc 9,2000 fotice>�ft?isppcoiral virfiici}states that fbe addrtion;fn dwedtnig has an existing nonconfomvng lot coverag2. sid an increase in idle rivriconfomtance or degnee�oFnonconfomlance Is tieing created. - Location of AppficanCs Propedy-1230 First Street,New,uffolt�' Date and Pfac�of Ptiblfc Hearing: June 8,2000; Southold Tou'vrt Balt,.Main Road,Sduthold FINDINGS OF FACT ' BASIS OF Ai EAL .Building-lnspecors;amended-Wice of Disapprova4 dated May.e..2000, denying a perirlif to ormslrrrct a 5 x 12 fgot addition to the house for the rea$on that this would ffrcrease dot cbverage f 6kn-24.67%W 26.b'%. The allowable coverage under Code section 100- 244 is 20%. RELIEF-REQUESTED: -Applicant requests a.variance-authotrarig a 5 x 12 foot'addttion at the southwe'sttsont comer of the house,bringing lot coverage to 28:67%. REASONS•FO�k=BOARQ ACTYON..DESCRIBED BELOUIF. On the basis of testimony presented, materials s6linifted and personal inspection,the Board makes the follourmg findings: (1) The;�otipeasraras A y�OD.;q.it,and the ettistfrtg house is very small,shown on a surveydebed.:l nuary 18'"2900 at 7Ff5 sq:tt Testimony at the tlearirrg an June 8 Indicated that the south-suis"pop-ou=ts 7.5 sq.it.larger than shown on the survey,.ma[dr>,q the house 712.5 sq.fl. -(2) The Building Inspector's 10tige of,Disapproval states that current lot coverage is 24.67Va;however.aarouse measwementof 7725 sq.fL resuas in overage cf23.76%. In either case,coverage exceeds the,al[ovirabla=23 6 and any expansion therefore requires a variance. -(3) Tire proposed expansion is only 60 sq.&but aceorcralg to applicant wilt sfon' m'caintly "1mpro_v-e„fiving'•conaitions. Because the dot is only SM6 sq.ft, the expansion adds 2% to dot coverage. (4) This Board Is generally reluctant to uermit lot coverage on;ire scale proposed by applicant: F owever,fhe:prnposed addition merely title in the soutirvast from comer of t1 e•house and ytniCitbt subsfaritiallyencsease dts bulk Becsu_e the prariy is boded bywratVr on the north 'and-east,it does slot anerar-seriousir crowded dzspife file high ttegrEz of tot coverage. For these ieasgns,grant oifhe~rr:quesfid•varisnoe vinll not.produce an trndesfrabte change in the character ;oE the neighborhaod:or deiment to nearby prope!ties. .. - as • � �' �- ` ®� ` G Page 2-Appl.No.4821 '- 1000-I1Z;?_-00(Romagnol) June 8,2000 ZBADeaision , (5) Fterd�s`r10 e��dence ihat (ai7tt oF:itre ieue _d_vaance AU I�aYe Vin,adters 'e[`rect,or . imRact ori,physicat;or eirvrionFnerrrtat conditions. (b) :Gi2nt-of'the requested variance is;tl .miratnuriz;actior:;nzressary 2rict'2dequafe to enable qpp pant io gnjoy,ft 6� gfrts.-of a'iriore-rivable hqusa:vrhile-preserving-and profecting the ' ch'aracte'rof the neightiorhnod`and tFre hesith,safety and tiveifar�of,itta_community-- '"" -' RSSOL(Mg tom! CTION-- On motian by Member Colrms,seconded by Member Homutg,-it was RESOLVED,to GRANT the variance as applied tar. VOTE OF THE BOARD. Ayes: Goehrirtger. D'r fulo.Torte oming,Collins. This Resolution was duly ADOPTED ERARD P.GOMAN R,C REgrjED AMD m ED BY • ME SO1 MOED T6NVN CiU .40 Town.Chek, Torun of Southold i FIRE & EMERGENCY ACCESS-this subject was never raised at the public hearing but showed up as an issue to deny the application. We feel that it was reprehensible for Lydia Tortora to indicate that if we had our aging mothers live with us in the additional living area requested we would increase the demand for emergency vehicles and create an unacceptable safety risk. The question that needs_to be asked is: Is the Zoning Board telling the citizens of the town that when they mature and need assistance that they had better move out of Town so we won't need emergency services for our senior citizens? In order to address the issue of emergency access one must look at the Town Code. The code requires fifteen feet of clearance. The ROW to the house is 29' wide and along the entire length there is a minimum of 16 of clearance. The ROW is overland owned by Mr. Tuthill. The Cutchogue Fire Department was consulted on this issue and both Commissioner Kull and Chief Brewer indicated they would have no problems in providing emergency service. The section of the Town Code, a picture of the access to the home and the letter to the Cutchogue Fire Department is included. produce an undesirable change in the character of the neighborhood and a detriment to nearby properties by adversely impacting the view and pristine aspect of a very,beautiful inlet. 12. The Board also determined that the house presently maintains no suitable access for fire and emergency vehicles. The additional Iiving space requested by the petitioners exacerbates this problem. -=In fact,.thepe�itoners;explairieci that=they wanted then aging motlie"rs to.move:ino the nevrportiori of-_the:liouse: 7E'he Beard felt tl;at an:increasein the. otential number;of peq�ile:living-at'the_liouse-would-increase.the po':tenfiial derriand-'for.such=vehicles and n .r.!_i create an•unaccegt�ile'safeiy=r-islt.= 13. In making its determination,the Board also acknowledged that the variance requested was self-created. The petitioners purchased this nonconforming property with knowledge of the setback restrictions_ 14. Another significant factor considered by the Board concerned the stability of the bulk-heading at the property lines. This concern was discussed at the public hearing and personally observed by members of the Board. The petitioners'request to construct a second story so close to the bulk-heading would add a substantial amount of weight to that piece of the property closest to the bulkhead. The Board had serious reservations that the structural integrity of the bulkhead,which was constructed to withstand a specific amount of weight,would be compromised by the extra weight of a second story. The collapse of the bulkhead would be a disastrous event for a waterfront community such as Southold that would interfere with the public's use and enjoyment of the water. 15. Significantly,the Board denied the petitioners' request for a variance,Without prejudice, because it determined that the additional living space requested could be achieved by some other feasible,less-intrusive method of construction_ Specifically,the Board felt that the 3 M lb Ob I ]b 'fraft Acct%3 4w f Eme 'Y ;ING I ;�. plernentary Regulations [ lac! ! '3989 , L.L. No. 'I-19$9] Is. C. All lots improved with a building or structure must ensure that access is at least fifteen (15)feet in width and at least fifteen (15)feet in height, subject to approval by the Building Inspector for residential strictures. [Added 3-26- 1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996) �, B ti,�.. t1s.•.-x 3r�f. P �'+Ar�',���� �ve 3� �� fir, � . / ' At— CC) t 6v LoU���`� Nur —T�e_ (4eP_Jea 0 v W —�V a 1J S e. ) S 2 C1 G.rok r-V A 5 (kep rwx I Y^'- ry ���.�,,,� `+-o }�o ie , A+ e U P.r7 ,D a ,,.�- ~4-�e is Q c%k n � t�m Me V 0.6k. 0 re. Pole .) r� l S G. M n I'n �^e C 1`v���` �r� V2pp QST Me+ $r^7' T'\2y WUti/�fi� kav� 4 � ►OItJ��p-�►, 5 �-4,e a v sq- ' 0 ►� A Y\, 2 yr¢r11 e YV__/ ! / f Gerard&Carolyn Schultheis PO Box 299, 9640 First Street i New Suffolk, NY 11956-0299 631-734-7265 schu127Fslatta�abal net ' October 5,2003 Mr.Robert I Kull Commissioner Cutchogue Fire Department PO Box 930 Cutchogue, NY 19935 Dear Mr.Kull: REFERENCE EMF-R6EtNCYACCESS I would Ike to take this opportunity to thank both you and Chief William Brewer for the time you spent with me on the morning of Thursday, October 2, 2003 to discuss the issue of access for fire and emergency vehicles to our house located at the end of a private Right of Way(R01t at 1640 First Street,New Suffolk,NY. The reason for me contacting you was to get your input to an issue raised by the Town of Southold Zoning Board of Appeals(MA)regarding an application that was made to add a second story to a portion of our existing house.The ZBA in their resolution dated June 4,2003 indicated that our house presently maintains no suitable access for fire and emergency vehicles.They further indicated that an increase in(wing area of the house and the potential for additional people living in the house would increase the potential demand for these vehicles and exacerbate an already unacceptable safety risk. I did not understand this issue since the presently I have a deeded ROW to my house which is 29 feet wide and nuns for approximately 200 feet North from the intersection of First and Orchard in a straight path as a continuation of First Street Additionally the ROW includes a section 25 feet wide along the properties southern boundary.Just tastweek t received a delivery in my driveway,which arrived on a 40-foot tractor-trailer. I was encouraged to receive your analysis that based on both your recoilections any problem with achieving amass to the property for an emergency. Y did not perceive by Chief Brewer that he would personally visit the site and call mthere were further relieved to di fold � hearfrom the Chief so I assume there are no problems- Thank you very much for your input and assistance. Sincerely, —4-/hLo::R� J �hultheis CC:Chief William A.Brewer C3 Er nJ m m Postage M CertUied Fee s��� M zip f M ReturnRacteptFeo •,H,ostme (Endorsement Required) QRestdctcdDelnreryFee A li r.-;t 9 1 171 (Endatsemantpsquited) f/ } [U Total Postage&Fees ru C3 r- searro ��AA (bl � ---z.iskll�_ c --Sirac4l�OL No.; ---------- orPOBoXNo. POx_� �- �. , O D ri "I- C3 IC3 >' Er rurn J Postage $J. t..:7 J`iryT as� 0 Certified Fee t r 0 r� Posfm r� Re1umRec)eptF Fee Here C3 (Endorsement Requ ) i S e 'v M ResOctedDelveriFee 'L r M (EndorsementRequtred) n.i t� M .ru Total Postage&Fees $ N i C33 Sen:To a t�-_-_.A r --r c?K )' S(me�Rpt No. t! qty J r~ orPOBoxNo. Clfystate,ZlP+4C O .ei• �i � �'SG.,1 THE FALACY OF THE REQUEST BEING SELF CREATED-the Zoning Board indicated the petitioners purchased this nonconforming property with knowledge of the setback restrictions. Again the question needs to be asked: Where did this information come from? It clearly wasn't in any of the testimony presented. The fact of the matter is that since the property was purchased in 1987 there have been two building permits issued by the town and CO's were issued for both. One of the permits involved putting an addition on the north side of the house. A copy of the Property Record Card from the assessor's office has been included. The permit that was issued for the addition included placing new ceiling beams that would serve as floor joists for a planned future second floor. -- OF 0WHOLD ROPERTY �® R!NER STREET' Z-1 -" DIST, SUR. LOT 3RMER 04 ERN , E�P.�aM re.�a. A•CR. ' S � � TYPE L OF ) DING , sT:As. VL. F f m�� - -- 11'1. RM OOH CBr CS Mkt. Vclue Q Q �d .tlV�P; T07`AL 1 .. DATE REMARJKS • . d �' r3ad . � �' s y •75f o.a 02 -9,.0a a o.o I -7C 0 A n �' 2 �� � ,3 .me � �f'3Qa•l C i3LI�9/G �voo.r e �`',E', C. �`}'8oai% 417 '300 34©� Zoo ' ti t? 4Z • �a�z� 3 c� � ar�ap BUILP[NG CQNDIT ON- NORMAL N # •�v ca :'S _ ' N NORMAL BELOW ABOVE g r Acre Value !9�Z,r I7GZ�p�r.�L,-4,.• j�(,t,� ' ' Je • t, � . , T? .AcreeT Vatue :)Ie Island FRONTAGE ON WATER 9Oi C�,Z �' . -- • a, !owl-cmd FRONTAGE ON ROAD J DEPTH a Plot zkar. A5 (2k 2I - BULKHEAD � • ••� DOCK �l0■!■lt4�.i.■®®li�iiiiii■■iii.ii ■!■iii!■■®i■®®i®iii■i!!■■!■illi ■�!!lilili■t!!■!ti■■■■i..i■alit■ '`: '•_' • � :;r;�;.. ; : �tv-:•:- - -• • r - ,::: ■■■!■■■moi■!■!!!1■.!!■_!!!!�1li��i�■ _ :;,:,F:, :.� :: .-. �:�'; ;.1, t, ■O�illiii�i!®�IlO!lii��Wiiif�l�iiilii • - ::::: '-". ..:.•.::;:... ,ice . i r� ..- . . : `� �-`=•:���. ....... . ...:.. t.:i !!■ii3Tiil[�s�i'�i■�!!1�7�ii.■!!i�!�i■ .. ,� �,.:Y.... .,..M _ _ .,..� =: �i�ll��t!i��i�:�,����..��►6i�iiE"�ei■Q����� �1■Si .:�. • : : ■ll.if��l�' �'�rea�ie�!�■■Ifiil�illl�•'�l��o■i!■i - Civ..����.:�����■l���®��■..■�■��:® NOW 'ZoRk ��iii■■■�!■.iiiii.[ ■i���riMEN ii!!■ Foundation I rA= Rodms-I* Floor mlm-wmmmii—Roorn—s2-n-cI Fil—Oor f . . . ......... ............ 1 1 'ri i. nib � L 11 I Pe t � •t z. - L .i.: r'S.'4.. r r r �tS r _ C r l r! • MEMO No son 46, MEN now y~� �' CJ Stir .+.,+., - �.. nt' fi'`�a�Li rti.. ,T. ■.�■...■■ r ti z� r iter :.-�`5j 1 ,!. » { $�^.�'e£nzu 4yIl ire e._ ,.■ tI) �y c x r r ..�■ • o� �r + •aFoundation • + �-�� Baiernent •• MA 1711 Interior Fi Woodstove Dormer ROOM lst Floor Rooms 2nd • r r w• ENVIRONMENTAL CONCERNS-the ruling indicated that"the additions proposed would exacerbate environmental concerns at the site." The project received the necessary permits from both the DEC and the Town Trustee's both who indicated there were no environmental concerns. In the Board of Appeals Finding's, Deliberations, and Determination Meeting of May 15, 2003 under the SEQRA DETERMINATION it is stated:"The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without adverse effect on the environment if the project is implemented as planned." During the testimony Mr. Loria who runs a fishing station indicated that the weight of the house was going to put more weight on the bulkhead and inferred that the bulkhead would collapse and block the creek. That issue was addressed.by Mr. Schultheis at the hearing when he explained the foundation design used to support the house weight along the bulkhead. The Zoning Board incorporated the knowledge of a fisherman instead of the design facts offered by a graduate Civil Engineer in rendering their decision. An outline of the design of the foundation is included to be reviewed by a qualified engineer if the board desires to do so. In their decision the Zoning Board said "Information has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood if the variance is granted as applied for." I would ask that the Board share this information as well as its source so that it might be held up to scrutiny. A lb tit1 5 LrA ` LIJt\ tib �ovv ( \\ •Ivy ���/`` ��aCr►v� �� ���5 '� 15 1---=----_ Eli wed �a -is ��e►;�S �Qv� V cis J PROPERTY CONSTRAINTS the Zoning Board indicated that the additional living space could be achieved by some other feasible, less-intrusive method of construction and indicated that to the south or southeast would be more desirable and less detrimental. Well this is very easy to say however they included no concrete proposals as to how to accomplish this. The petitioners have spent much time and effort in exploring different ways to expand their miniscule 1000 square feet of living area to 1500 square feet One must realize that the property is surrounded by water on three sides and thus subject to the requirements of the DEC, Torun Trustee's, the Pinny Corp of Engineers and now coasteil requirements. In addition there exists infrastructure in the ground including water lines, gas lines, electric lines, telephone lines, cable TV lines, dry wells, septic tank, multiple cesspools (many lour height pools) and bulkhead anchors. The garage requires back up and tum around clearances. Parking space is required. Consideration to building on Lot 1000-117-5-44 could not be addressed because it is even closer to Cutchogue Harbor. If this lot were combined with the subject the lot coverage would be 8% instead of 14%. Both the DEC and Trustee's have indicated there would be no permission granted to build closer to Cutchogue Harbor to the east. Consideration was given to adding living area over the garage but the variance granted for the garage construction prohibits this solution (copy included). The area to the south and east includes underground electric lines, water lines and gas lines all with deeded ROWs. The septic and cesspools and drywell (required by Trustee's) are all to the south and east (a reap of these locations has been included). Y ,^ W;4A evs, NC c� c-e�r s� r� 5 �to35 � Sal a + dWerl.�. (e -Pam, o a ` te, 7'0exlsh` �:rXkll ,mac, 0290. Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, February 07, 2018 8:28 AM To: Duffy, Bill; Eric Dantes; Dantes, Eric; Gerard Goehringer; Jerry Goehringer - 2nd Opgnfli@gmail.com); Weisman, Leslie; Planamento, Nicholas; Patricia Acampora Subject: FW: Application for Area Variance by Steven Walsh #7129 Please see below correspondence from neighbor of Steven Walsh. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail: kimf@southoldtownny.gov -----Original Message----- From:joni friedman [mailto:pedrogft@vahoo.com] Sent: Wednesday, February 07, 2018 8:23 AM To: Fuentes, Kim Cc: A T Subject: Application for Area Variance by Steven Walsh #7129 Joni Friedman and Andrew Torgove Southold Town Zoning Board of Appeals Regarding Application for Area Variance by Steven Walsh #7129 To Whom this May Concern, My name is Andrew Torgove. My wife Joni Friedman and I own the property at 7165 New Suffolk Rd. in New Suffolk. This letter is in response to the hearing held on on February 1, 2018 regarding The Application for Area Variance by Steven Walsh #7129 to construct a two story addition to his preexisting home which would bring his home to within 5'1 of our property line. The plans submitted by Mr. Walsh highlight the fact that the house was constructed 5 feet over the code allowance of 20 feet. During the hearing, Mr. Walsh stated that he had made an effort to purchase a piece of our property at 7165 New Suffolk Rd, which is adjacent to his property at 7065 New Suffolk Rd. I would like to address this statement and clarify what occurred. 1 Early last fall Mr. Walsh did call me and made a verbal offer to purchase approximately 1/4 of an acre of our property for $35,000 to $40,000. We had purchased our property, which is approximately 3/4 of an acre, for $360,000 in January of last year, 9-10 months before Mr. Walsh made his offer. Based on our purchase price, 1/4 of an acre cost us $120,000. Mr. Walsh's offer was significantly less than the price we had paid just that year, had we been interested in breaking up our property which we were not. At the time we purchased our property, it had been on the market for many years. Mr. Walsh told me that he had made several offers to the realtor to buy the property, but at prices well below the asking price. He told me he did not feel the property was worth anywhere near what was being asked. In January 2017 we purchased the property at the asking price. We believed that the property was worth the asking price. Then, after having passed on the opportunity to buy the property for several years, Mr. Walsh waited until we paid full price and made us an offer for a portion of our property at considerably less than its value. We had waited to finalize the purchase of our property until all of the necessary permits for a new house had been approved. The plans and permits for the property were based on the existing size of the lot we were purchasing. A significant portion of our property is designated wetlands. I told Mr. Walsh that I was concerned about reducing the size of our property. Given the significant wetlands on our property and that all of the approved permits were based on the existing lot size, we were concerned that reducing the acreage might have negative consequences on our future plans. Given that Mr. Walsh's offer was less than 40% of the price we had just recently paid, our concern about the impact on our permits of reducing our lot size, as well as maintaining the integrity of the property, I chose not to enter into further negotiations with Mr. Walsh. Sincerely, Andrew Torgove. 2 Fuentes, Kim From: joni friedman <pedrogft@yahoo.com> Q� Sent: Wednesday, January 31, 2018 10:01 AM To: Fuentes, Kim SAN Cc: A T 1 1g D Subject: Application for Variance by Walsh #7129 Joni Friedman and Andrew Torgove Southold Town Zoning Board of Appeals Regarding Application for Area Variance by Steven Walsh#7129 To Whom this May Concern, My name is Joni Friedman. I reside in New Suffolk with my husband Andrew Torgove. In January 2017 we purchased the property at 7165 New Suffolk Road, adjacent to project proposed at 7065 New Suffolk Road. The property we purchased had been on the market for several years. We purchased the property at a premium price with all permits in place to construct a house for our family. We feel that the plans originally approved for the house on our property are too large and invasive. We believe that the surrounding wetlands and community should be respected and preserved. With that in mind we have been working with an architect to design a more modest and environmentally friendly residence on our property. We were recently made aware of the plans to enlarge the neighboring house at 7065 New Suffolk Road, owned by part time resident Steven Walsh. We have reviewed the plans submitted by Mr. Walsh for the extension of his house to within just over five feet from our property. The Area Variance states under reason#3 that"the lot is further constrained by wetlands and non-disturbance zone. The wetlands eat into 3/4 of the property". This perspective is not respectful of the importance of preserving wetlands and the reason these codes are in place. Mr. Walsh was fully aware of the limitations of the property he purchased. We appreciate that the plan for the addition is in keeping with the integrity of the original design of the house. And while the addition may appear to be modest in size, in fact it is an increase of approximately 50% of the size of the original structure, in both footprint and volume. This has a substantial impact on a small property with significant wetlands. The request for an addition to the Walsh house was for an extra bedroom. This proposed 2 story addition expands existing living room, mechanical room, bathroom and storage area as well as a bedroom. In addition to the increased footprint, the plans for the addition call for the structure to be located just over 5 feet from our property. The existing property, which is currently 15 feet from our property, is already 5 feet over the minimum 20 foot set back. 1 According to #5 of the Area Varia ,�'Reasons, the original structure was approved and built to the maximum utilization of a very small property without a variance. According to the provided survey and elevation plans, the house exceeds the minimum side yard setback by 5 feet when code states a 20 foot minimum. We feel that having a two story addition looming just over 5 feet from our property is a significant infringement on our privacy and rights. The existing 20 foot setback in the code provides for a sufficient buffer from neighbors. The existing structure is already 5 feet closer to our property than allowed, and now the owners are proposing to reduce the side yard set back an additional 10 feet. Thank you, Joni Friedman and Andrew Torgove 2 t t l BOARD MEMBERS f� Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 h® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��''c®u Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 1, 2018 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, FEBRUARY 1, 2018. 11:15 A.M. - STEVEN WALSH #7129 — Request for a Variance from Article XII, Section 280-53; and the Building Inspector's October 26, 2017, amended November 21, 2017 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at; 1) less than the code required minimum side yard setback of 20 feet, located at: 7065 New Suffolk Road, New Suffolk, NY. SCTM#1000-117-5-30. 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: January 18, 2018 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 i I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK .� ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT WALSH # 7129 OF (Name of Applicant) MAILINGS CTM Parcel #1000-117-5-30 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, MARGARET RUTKOWSKI, residing at Mattituck, New York, being duly sworn, depose and say that: On the 12th day of January, 2018, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Swo n o b re me this da f 20 8 BETSY A. PERKINS Notary Public, State of New York (Nota blic) No.01 PE6130636 Qualified in Suffolk Cou Commission Expires July 18 A� 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. J k 9 r I �11JJWWVV'' WALSH APPEAL #7129 NEW SUFFOLK PROP. LLC i Q NEW SUFFOLK MARINA LLC ra NEW UP-� ' PO BOX 276 ru Certfied Mad Fee $3.35 NEW SUFFOLK NY 11956 n $ !rl r F,1.Services&Fees(check box,add fee SCTM: 1000-115-5-29.1 r j [%RetumReceipt(hardcopy) $ �• �'" ir Q ❑Return Receipt(electronic) $ • PQsii3'r ` Q ❑Certified Mall Restricted Delivery $ 11)-00' 1 Here /){ ' O []Adult Signature Required $ Q ❑Adult Signature Restricted Delivery$ ANDREW TORGOVE Postage $��e�q n � � $ ,----- --- -- - -til- 2t-2D�3 JONI FRIEDMAN o Tc NEW SUFFQL�PROP.LLC 7300 NEW SUFFOLK RD NEW SUFFOLK MARINA LLC NEW SUFFOLK NY 11956 s PO BOX 276 Ns NEW SUFFOLK NY 11956 SCTM: 1000-117-5-31 ________________ - I ® 'A © ■ 1 ■ SCHOOL HOUSE CREEK C/O TOWN CLERK i v TOWN OF SOUTHOLD �NEWSUF aD �, €NY�1a1�5E� PO BOX 1179 1 r`UU Certified Mail ee �' SOUTHOLD NY 11971 n $ $3.35 SCTM: 1000-117-5-47 r.1 EjaServlces&Fees(checkbox,eddfee p a ()4 Retum Receipt(hardcopy) $ �l�, Q ❑Return Receipt(electronic) $ �A��PLimaIk Q ❑Certified Mail Restricted Delivery $ _ r Here Q ❑Adult Signature Required, $ • PP ❑Adult Signature Restricted Delivery$ THOMAS &BEVERLY CHRISTIANSON P°Stage-- _ 77 ,-.- 6� `. PO BOX 65 o Ta ANDREWdR�GOVE /"� 01/12/201$ NEW SUFFOLK NY 11956 � SJONI FRI1N I 7300 NEW SUFFOLK RD SCTM: 1000-117-6-6- I C3 NEW SUFFOLK NY 11956 (moi --------------- 1 � o. / �r) ! = ®. / Q � Q CO ru SOT 171 �1i1�=9 1 s i i jI n�� EI = UFPLj(K�, €{NY��11�5f}�--J$k� � .v. [i b','�:" ) ,, FA/P - 1-.I IJ FP €d b.i fie:.:+" L iS L Certi�ed Mail Fee Certified Mall Fee $3.35 3- p � 09 � I �- X3.35 3,3 I F�x1r�-•Services&Fees(check box,add tee �Q1 � t Fxfla Services&FBes(checkboz,edd fee C3 Return Receipt(hardcopy) $ t� 11 13 turn Receipt(hardcopy) $ '''/ (•t 1� Q [I Return Receipt(electronic) $ ` t`ip G• Q ❑Return Receipt(electronic) $ in. E,`~�[. Postmark Q ❑Certified Mall Restricted Dellve ' `�-) J�'roSer. Q ❑Certified Mall Restricted Delivery $ Qfl fill h r� Delivery $ d 15 I lf/ ,.Here- ! Q ❑Aduk SignatureR ulred Here —.c-rc-T— 't` $ - Q ❑Adult Signature Required $_ tl'1 nn �1 Q c' ) ❑Adult Signature Restricted Delivery$ �y°'ice— �...�� C`� ❑Aduk Signature Restricted Delivery$ — c'y 0 '`,•��f;� y �a pn�f��.o_ — Q Postage �^�q i ED ! SCHOOL H�USE CREEK Cil/12/�O1S ; , o Te THOMAS&BEVERLY � til/12/2C)i8 I Q C/O SOUTIQ)WDWN CLERK T CHRISTIA"SK I �► PO BOX 1179 � si PO BOX 65 SOUTHOLD NY 11971 ----------------- N NEW SUFFOLK NY 11956 c --------------- ' 1 1 1 1 1 1 e 1•• �V _ o e� r _ _ __ ____ 111 L l •M. �,PE,.THIS SECTION COMPLETE • ON• ■ Complete items 1,2,and 3. A. Signa ■ Print your name and address on the reverse X E3 Agent so that we can return the card to you. �' E3 Addressee 4 +1 I ■ Attach this card to the back of the mailpiece, ' B• a eiv db y(P ed Name) C. Date of Delivery or on the front if space permits. { , SCHOOL HOUSE CREEK D. Is delivery addres different from item 1? 13 Yes "`dddlll"' —?s; If YES,enter delivery address below: ❑No, C/O SOUTHOLD TOWN CLERK PO BOX 1179 SOUTHOLD NY 11971 ' V3.{ I I II IIIIIII IIII III I II III III I I I I II I II SII 09 Adult Service gnature e Priority ess® ❑RM Signature Registered Mal ❑Adult Signature Restricted Delivery El Registered Mail Restricted { 9590 9402 2472 6306 2673 26 I e Certified Mailo Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for I ❑Collect on Delivery Merchandise I 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConflrmationTM ❑Signature Confirmation ff 72115 064,0 02 21 3154;26 i 80.52; afl Restricted Delivery + Restricted Delivery I It it PS Form 3811,;July 2015 PSN 7530-02-000,-9053 Domestic Return Receipt i i n i I r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK I�� ---------------------------------------------------------------x I / In the Matter of the Application of AFFIDAVIT OF SIGN WALSH #7129 POST Regarding Posting of Sign Upon Applicant's Land Identified as 1000-67-2-12 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Steve Walsh , residing at Y740WIDAL.& AyIbeing duly sworn, depose and say that: r°3 f3 N`y f!7! Sr On the day of January, 2018, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, February 1, 2018 Steve Walsh Sworn to befor m this day of i� 18 4N�ota, P BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Cou Commission-Expires July 18; — *near the entrance or driveway entrance of the property, as the'area most visible to passersby. ■ Complete items 1,2,and 3. 7A..*Srgnare ' Aa nt i Print your name and address on the reverseso that we can return the card to you. w�% � ❑Addressee ■ Attach this card to the back of the mailpiece, R celve b,7ted ted Name)C C. late of Deli or on the front if space permits. y� / 1 1 -—-- -- D. Is deb ery address different fro item 1? /❑Yes NEW SUFFOLK PROP.LLC if YES,enter delivery address elow: ❑No t NEW SUFFOLK MARINA LLC PO-BOX 276 i NEW SUFFOLK NY 11956 II I IIIIII IIII III IIIIII III IIIIII II I II IIII III Service Type ❑Pnonty Mad Expresso A i RAdUlt Signature ❑Registered Mailrm I ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2472 6306 2673 19 fit Certified Mail® Delivery 1 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from Service label)_ — ❑Collect on,Delivery Restricted Delivery ❑Signature ConfirmationTM —LI ❑Signature Confirmation 7 015 0640 0001 5426 8276 ld Restricted Delivery Restricted Delivery PS Form 381 1,Julyl11 15 PSN 7530-02-000-9053 Domestic Return Receipt { ,'''c • • btL AVfy COMPLEU�THIS e • • • A. Sigature ■ Complete items 1,2,,and 3. i� t ■ Print your name and address on the reverseX C 1 I ��� r dies so that we can return the card to you. i B. Recd)1ved by(P fn ted a f C. Date of Delve ■ Attach this card to the back of the mailpiece, or on the front if space permits. 70 — — - — D. is delivery address different from item 1? ❑Yes ANDREW TORGOVE i`;�. If YES,enter delivery address below: ❑No JONI FRIEDMAN 7300 NEW SUFFOLK RD NEW SUFFOLK NY 11956 5 3. Service Type ❑Pdonty Mad Express® II I IIIIII IIII III I III I I I IIII I I I I I II IIIIII III III Adult Signature ❑Registered MaiTM IAdult Signature Restricted Delivery ❑Registered Mad Restricted I 9590 9402 2472 6306 2673 02 ®Certified Mad® Delivery❑Certified Mad Restricted Delivery [IReturn Receipt for f ❑Collect on Delivery Merchandise ( ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm I 2. Article_NumbeL(Transfer from,service label)-- _ __, , rail , I- 1 1 , , ❑Signature Confirmation 7 15 ' 6 4 1'' 5 4 2 6':8 0 6 9'' ' �;il Restricted Delivery Restricted Delivery P.,S Form 3811,July 2015 PSN 7530-02'000=9053 Domestic Return Receipt . 1 — _ _ • • • • . kLIVEAY ® s rr s � I ■ Complete items 1,2,and 3. A. ignature A'ent ■ Print your name and address on the reverse ddresse I so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. eceroed by Printed Nar1 itne) C. Date of D livery or on the front if space permits. i I D. Is delivery address different from item 1? A Yes THOMAS&BEVERLY ,- if YES,enter delivery address below: ❑No l CHRISTIANSON ; PO BOX 65 NEW SUFFOLK NY 11956 II I IIIIII IIII III I III I I I III I I I I I I II II II I I I I I III 3. Seance Type ❑Priority Mail Express® CA Adult Signature [I Registered MaIIT^" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted, 9590 9402 2472 6306 2673 33 f1 Certified Mad® Delivery E3Certr ied Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT 2. Article Number(Transfer from service label) -- ri_i.--A hhul ❑Signature Confirmation —-- Ill Restricted Delivery Restricted Delivery 7015 0640 0001 5.426 8045 ®PS Form 3811;July;2015 PSN 7,534,02-000-9053- Domestic Return Receipt #0002162730 �S f 4SATE 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 01/25/2018 s Principal Clerk Sworn to before me this day of 0111 `d 9HRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commleiion Expires February 28,2020 i TYPESET Wed Jan 17 12 17.00 EST 2018 ` construct additions and alterations to an LEGAL NOTICE existing single family dwelling at; 1) less SOUTHOLD TOWN ZONING BOARD than the code required minimum side yard OF APPEALS setback of 20 feet,located at: 7065 New THURSDAY,FEBRUARY 1,2018 Suffolk Road, New Suffolk, NY. PUBLIC HEARINGS SCTM#1000-117-5-30. NOTICE IS HEREBY GIVEN,pursuant to 11:30 A.M. - EROL BASKURT #7130— Section 267 of theTown Law and Town Code Request for Variances from Article XXHI, Chapter 280(Zoning),Town of Southold,the Section 280-124;and the Building Inspec- following public hearings will be held by the tor's October 23, 2017, Notice of Disap- SOUTHOLD TOWN ZONING BOARD OF proval based on an application for a APPEALS at the Town Hall, 53095 Main building permit to legalize"as built"addi- Road,P.0 Box 1179, Southold,New York tions and alterations to an existing single 11971-0959,on THURSDAY,FEBRUARY family dwelling,at; 1)less than the code 1,2018. required minimum front yard setback of 10:00 A.M. - PETER NEGRI AND 35 feet;2)less than the code required mini- ELIZABETH KAYE NEGRI#7128—Re- mum side yard setback of 10 feet;located quest for a Variance from Article XXII, at: 3575 Mill Road, Peconic, NY. Section 280-116;and the Building Inspec- SCTM#1000-67-2-12. tor's October 10, 2017 Notice of Disap- 1:00 P.M — RICHARD J. MCBRIDE proval based on an application for a #7126—Request for Variances from Article building permit to construct additions and II Section 280-9A(1)and the Building In- alterations to an existing single family spector's September 29,2017 Notice of Dis- dwelling at;1)less than the code required approval based on a permit to legalize lot 100 feet from the top of the bluff,located at: recognition, at; 1) at less than the code 9775 Nassau Point Road (Adj. to Little required minimum lot size of 20,000 sq.ft., Peconic Bay), Cutchogue, NY. 2)at less than the code required minimum SCTM#1000-119-1-6.1. lot width of 300 feet;located at:11750 Or- 10:15 A.M.-THEODORE AND ANNA M. egon Road,Cutchogue,NY.SCTM#1000- BOUTZALIS#7131—Request for a Vari- 83-3-5.2. ance from Article XXIII,Section 280-124; 1:15 P.M.-KEVIN FOOTE#7127—Re- and the Building Inspector's October 19, quest for Variances from Article III,Sec- 2017,Notice of Disapproval based on an tion 280-15; Article XXIII, Section application for a building permit to con- 280-124;and the Building Inspector's Oc- struct additions and alterations to an exist- tober 6,2017 Notice of Disapproval based ing single family dwelling,at;1)less than on an application for a building permit for the code required minimum front yard set- additions and alterations to an existing sin- back of 40 feet; located at: 670 Holden gle family dwelling,construction of an ac- Avenue, Cutchogue, NY. SCTM#1000 cessory garage,and construction of an ac- 110-5-20. cessory swimming pool; 1) additions and 10:30 A.M.-RENE MENDEZ AND LES- alterations to a single family dwelling lo- LIE HENSHAW #7132 — Request for cated less than the code required minimum Variances from Article III, Section 280- front yard setback of 35 feet,2)proposed 13C;Article XXH,Section 280-105C;and accessory garage located in other than the the Building Inspector's October 12,2017, code required rear yard,3)proposed acces- Notice of Disapproval based on an applica- sory swimming pool located in other than tion for a building permit to construct an the code required rear yard;located at:780 accessory building and to legalize an"as Champlin Place, Greenport, NY. built"six feet high deer fence in the front SCTM#1000-34:3-36.1. yard, at; 1) the proposed accessory The Board of Appeals will hear all persons structure (private residential fitness or their representatives,desiring to be heard at building with basement)is not a permitted each hearing,and/or desiring to submit writ- use,2)fence more than the code required ten statements before the conclusion of each maximum four(4)feet in height when lo- hearing. Each hearing will not start earlier cated in the front yard;located,at: 3945 than designated above.Files are available for Soundview Avenue,(Adj.to the Long Is- review during regular business hours and land Sound) Peconic, NY. SCTM#1000 prior to the day of the hearing.If you have 68.-1-15.1. questions,please contact our office at,(63 1) 11:00 A.M.-CACIOPPOLIVING TRUST 765-1809, or by email: KimF@ #7133—Request for Variances from Article southoldtownny gov III,Section 280-15; and the Building In- Dated:January 18,2017 spector's October 24,2017,Notice of Dis- ZONING BOARD OF approval based on an application for a APPEALS building permit to demolish an existing sin- LESLIE K A N E S W E I S M A N, gle family dwelling and construct a new CHAIRPERSON single family dwelling and construct an in- BY.Kim E.Fuentes ground swimming pool, at; 1) existing 54375 Main Road(Office Location) frame barn located in other than the code 53095 Main Road(Mailing/USPS) required rear yard;2)existing frame ga- PO.Box 1179 rage located in other than the code re- Southold, NY quired rear yard;3)existing frame chicken 11971-0959 coop located in other than the code re- 2162730 quired rear yard; 4) proposed in-ground swimming pool located in other than the code required rear yard;located at:4805 Alvah's Lane, Cutchogue, NY. SCTM#1000 68.401-2-22.1. 11:15 A.M. - STEVEN WALSH#7129— Request for a Variance from Article XII, Section 280-53; and the Building Inspec- tor's October 26,2017,amended Novem- ber 21,2017 Notice of Disapproval based on an application for a building permit to , i4U' Tit'W. E U' F HEA' Rli4k� The following application will be heard-by-th-e-S-o-u-th-o-i-d-Town Board of Appeals at Town Nall , 53095 Main Road, Southold: NAME WALSH , STEVEN #7129 MAP # 11 7 .-5-30 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE : THURS , FEB . 1 , 2018 11 : 15 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 SO:UTHOLD 765-1809 a i ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor , 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 8, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, February 1, 2018 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 January 16th: 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 January 22nd: 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 January 24th: 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 January 30, 2018. 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. i BOARD MEMBERS _ pf SO Southold Town Hall Leslie Kanes Weisman,Chairperson �* y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes cn Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento l''cou Southold,NY 11971 http://southoldtownny.gov_ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 D November 9, 2017 NOV ® 9 2017 Southold Town Mark Terry, Principal Planner Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref.No. #7129—Walsh, Steven Dear Mr. Terry: We have received an application for additions/alterations to an existing single family dwelling in New Suffolk. 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. � r- BOARD MEMBERS O� SO Southold Town Hall Leslie Kanes Weisman,Chairperson �* H� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporae Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.GoehringerG,.�cO a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'cou Southold,NY 11971 r http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 November 9, 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: r -- ZBA File #7'/aa Owner/Applicant: Walsh, Steven Action Requested: Additions/alterations - 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 By: Encls. BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson ��� yp� 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v+ Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento �'�COUNTY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 February 22, 2018 Patricia Moore Attorney at Law 51020 Main Road Southold,NY 11971 Re: ZBA File#7129 Walsh, 7065 New Suffolk Road,New Suffolk SCTM No. 1000-117-5-30 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's February 15, 2018 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 �71 I REAL PROPERLY TAX SeFMC CONVERSION DATE F.20.2013 -7 2 MATCH ME _52 ------- I -c2 4 t- T- _68 FOR PCL No I 2Ac X "a o SEE SEC.NO. 7 iio-&034 9 TUTHILL RD. >a 8 31 (su) 3. n a 20.1 20 A.2 -2 4 1 s 13N I BA 2 A5 AI 4 n 23A(c)2 12 6 17.4 1810" 3 e) ss v2 N 13 MA(c) 11. 6 14- 5 1. 2.11N :ev7 8.9 2 RA 15 173 1 2A( 17.5C) 6 7 -X 1. 88 GEORGE (ELSIE) RD. 24 16- 17- 1.1A 10 CUTCHOGUE 187 121 P 15 b 1m 2-5A 2 % lb-:2 s. i 19 IAA(c) 141 1116 2 33 I.SA(c) 1. 32 -4k HARBOR 50 m6 31 29A 0 v 29 ,,,ERwA, 44. 26 LL - Es 111 'Q 22A 41 Sd1-d 46 4,(0) 46 i 6P 22 6 30 8 - 31 s-36 g39 K 408a 4`1 34 ST. 29 22 30 818 211 r 122 1.1 JA o Cf) 6 0 '13.11 w30 lb 0 RD. k ; 29 ca 20 C:a 25.1 31zm 23 m0 e; pNG 6 AT %119.3 191 4 5TA j 2AP- 8 22 V 2D.1 32.3 n SuFru U tww LEAST 7. 32 ST. c or O 32.2 �4 3265 - " w FECaacwlc Arm 16A 1626 FOLK AV E. 11 12 52 6W) 4.1 - - I -i 2.9A(c) '19 C0 3 J4 15 '10I-WO 3 20.2 c ST8,mjBI182 207 JWN OF 12.423 a 2.0 9 SO- 20 4.1 J4.1 - 5 a 9.1 9.2t0 11 S 16- 9-2 11 2 IA(c) I 8A(c) 12A w. 8 e. 12- 12L2 208 15T. 42 BAY PECONIC GREAT K TO-OF SOUTHOL COUNTY OF SUFFOLK NOTICE © E 134 EOR 117 Real Property Tax Service Agency y VILLAGE OF - -R- F-E County cenwr Rlve�d,N Y 11901 m -LENF­ LA �T"E DISTRICT NO 1000 P Z-