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7143
"7i 3 L a Xis/�,o �.e � sF,� �►- /i 4279�69 9 E A007 //D /,J��� S�I5, i SFS sc� sI3 Lt �E,2Txxiiec aid -,a P-�er. (-Z/und NrCM IA -80 CAmp mn�o�� -7o i �{s3 �M G -2.-0i . ?1j��o0 "wrk�P CIO" 3111 ao t�? 22 �J CHECK BOXES AS COMPLETED/ ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for priors y n y O ( ) Assign next number on list; CL a aCL outside of file folder ° `D ( ) Date stamp entire original z c file number ( ) Hole punch entire original C 3 n�i zr 0. - °° oo 00 (before sending to T.C.) �' x � cQ � . o CD o ( )Create new index card x ( ) Print contact info & tape t C j 3 m w a Q CD <. ccD ( )Prepare transmittal to To - N ? w 3 0 W CD � ?. ! ( ) Send original application %A o j to Town Clerk CD o v ( ) Note inside file folder w/p o C and tape to inside of fold 0 '" C ( ) Copy County Tax Map; hig cD neighbors and AG lots ( ) Make 7 copies and put wit o ( ) Do mailing label 3 w ��� lali8�c7 6 `\ BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehringer Nicholas Planamento ZBA FILE 7143 http://southoldtownny.gov Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 o Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO MEETING OF MARCH 15, 2018 RECEIVED N �1t �5�a*u MAR 2 1 2011 S uthold Town Clerk NAME OF APPLICANT: Kevin Whitrock PROPERTY LOCATION: 580 Terry Road, Mattituck, NY SCTM No. 1000-123-6-20 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 11, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated February 16, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is the Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The LWRP reported that the residential structure is located in FEMA Flood designation 0.2 percent annual chance of flood hazard or 500 year flood, which means a flood, has a 1 in 500 chance of occurring in a given year. The report also remarks on proximity of proposed improvements to flood zone VE and recommends moving development as far away from flooding and erosion hazards as practical. However, with the conditions imposed herein, the Board finds the proposed action CONSISTENT with the LWRP PROPERTY FACTS/DESCRIPTION: The subject property is a non -conforming 22,775 sq. ft. parcel in the R-40 Zoning District. The parcel measures 41.58 feet fronting the Great Peconic Bay on the southerly property line, 600.95 feet along the easterly property line, 595.00 feet along the westerly property line and 36.40 feet fronting Terry Path along the northerly property line. The parcel is improved with a single family dwelling, a detached garage and a wood deck attached to a wooden bulkhead as shown on a survey prepared by John T. Metzger, L.S. last revised November 28, 2017. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code Page 2, March 15, 2018 #7143, Whitrock SCTM No. 1000-123-6-20 required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123- 6-20. RELIEF REQUESTED: The applicant has proposed to demolish and reconstruct a new single family dwelling and a new accessory detached garage. The requests include a 40 feet rear yard setback from the single family dwelling to the rear yard property line instead of the minimum required 50 feet, a side yard setback of 5.9 feet where a minimum of 15 feet setback is required, and a total side yard setback of 11.9 feet where a minimum of 20 feet is required. In addition the applicant requests area relief for the proposed accessory garage which will be set back 8.3 feet and 6.0 feet from the side yard property lines where a minimum 15 feet for each side yard is required. ADDITIONAL INFORMATION: The applicant's agent presented to the Board members letters from neighbors in support of the proposed improvements and copies of prior ZBA decisions granting similar variances to other property owners in the community. In addition, the agent submitted a series of aerial photographs depicting most neighboring properties with non -conforming property widths. The photographs also illustrated that of a total of 23 dwellings 19 of them contain two story dwellings as proposed by the applicant. The applicant has agreed to remove and dispose of a small shed located landward of the existing garage. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1, 2018at 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. 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Terry's Path is a private road that parallels Great Peconic Bay. The majority of the homes on Terry's Path in the area of the subject property have similar size non -conforming narrow, deep lots with long narrow private driveways that provide access to the waterfront homes. While the community developed as an area of seasonal summer cottages, over time most have been renovated to two story year round dwellings, as proposed by the applicant. Most properties also have accessory garages in the front yard with non -conforming side yard setbacks Town Law §267-b(30)(2). The benefit sought by the applicant, cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Side yard setback relief for the dwelling and the accessory garage is necessary because of the very narrow non -conforming width of the parcel which measures only 36 .4 feet While the applicant could conform to the code required minimum rear yard setback, the rear yard setback of the proposed new dwelling is greater than the existing dwelling to be demolished (31 feet) and greater than the average rear yard setback of other properties nearby. 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 20% relief from the code for the rear yard setback, 60.6% single side yard, and 40.5% total side yard setbacks for the dwelling; and 44% and 60% relief for the accessory garage side yard setbacks. However, an aerial map analyzing 23 neighboring properties adjacent to the Great Peconic Bay depicts the average rear yard setback as 34.9 feet. Therefore, the proposed 40 foot rear yard setback variance would be consistent with the character of the neighborhood and is greater than the existing rear yard setback of 31 feet. The proposed new dwelling is centered on the subject lot to create the largest side yard setbacks Page 3, March 15, 2018 #7143, Whitrock SCTM No. 1000-123-6-20 possible and proposes to increase those setbacks form the existing 3 ft. and 6.4 feet. An existing shed near the existing accessory garage is proposed to be removed and the lot coverage is only 9%. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential unity 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. Stormwater Management methods will be established in order to contain runoff on the property and a new sanitary system will be installed to be in compliance with Suffolk County Sanitary Code. 5. Town Law X267-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 a new home and an accessory garage 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 Goehringer, seconded by Member Acampora, and duly carried, to GRANT the variances as applied for, and shown on the a survey prepared by John T. Metzger, L.S., last revised November 28, 2017 SUBJECT TO THE FOLLOWING CONDITION: 1. The applicant shall install leaders and gutters on the dwelling and the accessory garage in order to contain stormwater run-off on the premises. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written Page 4, March 15, 2018 #7143, Whitrock SCTM No. 1000-123-6-20 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), Goehringer, Dantes, Acampora, and Planamento. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing`3 / /2018 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento February 25, 2020 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: De Minimus Request, Whitrock, File #7143 580 Terry Road, Mattituck, SCTM No. 1000-123-6-20 Dear Mr. Anderson; I am in receipt of your correspondence dated February 14, 2020, requesting de minimus approval for the construction of a single family dwelling and a garage. In your letter you explain that an "as -built" survey prepared by Peconic Surveyors, dated December 23, 2019, differs from the survey approved by the Zoning Board of Appeals in their determination No. 7143, dated March 15, 2018, as follows: 1. Approved dwelling to measure 27.6 ft. by 45 ft., now measures 27.7 ft. by 46.3 ft. 2. Approved dwelling set back 5.9 feet from the side yard property line, now set back 5.7 ft. 3. The as built survey now depicts a 2 ft. by 10 ft. second story cantilever. 4. Approved garage to measure 24 ft. by 24 ft., now measures 20.2 ft. by 24.3 ft. 5. Approved garage set back 6 ft. and 8.5 ft. from side yard property lines, now set back 5.8 ft. and 12.4 ft. 6. A new outdoor shower with roof was constructed off the rear of the house setback 7 feet from side yard. I reviewed your letter, the "as -built" survey, and the ZBA determination No. 7266, and have determined that Nos. 1 through 5 of your requests are de minimus in nature because the changes do not increase the degree of non- conformity and upholds the intent of ZBA Appeal No. 7143. However, an outdoor shower with a roof is considered an as -built structure which was not proposed in the prior variance relief. The design is not de minimus in nature; therefore, variance relief will be required. If you wish to maintain the "as -built" outdoor shower, you will be required to return to the Building Department to obtain a new Notice of Disapproval, and then apply to the ZBA. Please submit to our office two signed and stamped site plans depicting all existing and proposed improvements with the aforementioned changes. Furthermore, be advised that the condition set forth in Appeal No. 7143 will still apply. Contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. l es eisman Chairperson cc: Michael Verity, Building Department Suffolk Environmental Consulting, Inc. Newman Village - Suite E - 2310 Main Street O PO Box 2003 - Bridgehampton NY 11932-2003 t 631.537.5160 f 631.537.5291 I Bruce Anderson, M.S., President February 14, 2020 Southold Town Zoning Board of Appeals P. 0. Box 1179 RECEIVED Southold, NY 11932 FEB 19 2020 Re. Whitrock (ZBA Decision #7143) Situate: 580 Terry Road, Mattituck Coning Board Of Appeals SCTM # 1000-123-6-20 Dear Members of the Board, On March 21, 2018, Kevin Whitrock obtained a zoning variance authorizing the demolition of any existing dwelling and construction of a new single family dwelling and garage. Attached herewith please find a copy of the March 21, 2018 decision along with the November 28, 2017 survey prepared by Peconic Surveyors, P. C. referenced in the zoning decision and the as -built survey prepared by Peconic Surveyors, P. C. dated December 23, 2019. The differences between the two surveys are as follows: • The dimension of the approved dwelling was noted at 27.6' x 45.0' whereas the new dwelling measures 27.7' x 46.3'. • The approved dwelling was sited at 5.9' from the easterly side lot line whereas the new dwelling is 5.7' from the side lot line. • The new dwelling contains an approximate 2' x 10' second story cantilever. • The approved garage measured 24' x 24' and was sited 6.0' and 8.5' from the westerly and easterly side lot line, respectively, whereas the existing garage measures 20.2' x 24.3' and is sited 5.8' and 12.4' from the westerly and easterly side lot lines, respectively. • The new dwelling is supported by AC Units on an at -grade platform off the northwestern corner of the new house. • An outdoor shower was constructed off the rear of the house approximately 7' off the westerly side lot line. Request is hereby made for a de minimis amendment of the decision recognizing theses very small differences between the approved survey and the submitted as -built survey. Thank you for your understanding and consideration of this de minimis request. Yours truly, Bruce A. Anderson Cc. K. Whitrock A. Meringer 2 1 I TEST HOLE DATA McDONALD GEOSCIENCE 05/02/2017 EL, 9.1' DARK BROWN LOAM OL 1' BROWN CLA YEY SAND SC 4' BROWN FINE TO COARSE SAND SW 7' PALE BROWN FINE SAND SP 8' SCDHS REF# PRE -18-0999 VACANT Abandoned Agricultural Land TERRY PATH (PRIVATE ROAD) (PUBLIC WATER IN ROAD) N/O/F WILLIAM LASCELLE .. rte.. ....... . ...... . ._ ASPHALT ROAD N/0/F CHARDS & .o t''°+ Iz+ASPHALT DOROTHY OLDANI WATER IN PALE BROWN FINE SAND SP 1 17' NOTE. • WATER ENCOUNTERED 8.3' BELOW SURFACE ELEVA770NS REFERENCED TO NA VD 88 KEY Q = REBAR ® = WELL ® = STAKE S = TEST HOLE ® = PIPE ® = MONUMENT = WETLAND FLAG c0-3 = U77LITY POLE SEPTIC LOCATION ST G1 G2 G3 G4 NOTE: MEASUI CORNERS TO "A' B' 44.6' 44.6' 57.6 55' 54.6 56.6' 67.6' 65.1' 65' 67' CEMENTS FROM BUILDING ACCESS COVERS I AM FAMILIAR W1 TH THE STANDARDS FOR APPROVAL AND CONSTRUC770N OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES AND WILL ABIDE BY THE COND177ONS SET FORTH THEREIN AND ON THE PERMIT TO CONSTRUCT. The location of public water, wells and cesspools shown hereon are from field observations and or from data obtained from others. ADD1770NALLY TO COMPLY WITH SAID LAW THE 7FRM "ALTERED BY" MUST BE USED BY ANY AND ALL SURVEYORS U77LIZING A COPY OF AN07HERS SURVEYORS MAP. TERMS SUCH AS "INSPECTED" AND "BROUGHT— TO— DA 7E' ARE NOT IN COMPLIANCE WITH THE LAW. FLOOD ZONES FROM FIRM 36103C0482H ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA770N OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC770N 7209 --SUBDIVISION 2. ALL CERTIFICA770NS HEREON ARE VALID FOR THIS MAP AND COPIES 7HEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ► 1 ► ► 1 1 �I z c� PAVER > PATIO N A `z o in ' r p r" 6. DW ,-0 T.m 5.7 I : I ► 1 1, —WOOD STE 'S 1 C ► m i c v r r g mn 1 r ► z 1 I z ► o m ► � ► 1 1 I 1 I 1 I 1 I 316.40' SURVEY OF PROPERTY AT MA TTITUCK TOWN OF SOUTHOLD SUFFOLK OLK COUNTY, N.Y. 1000-123-06-20 SCALL. 1x--30' JANUARY 2, 201,E JUNE 27, 2017 AUGUST 22, 2017 (PROPOSED HOUSE) NOVEMBER 28, 2017 (REWSIONS) APRIL 3, 2018 (REVISIONS) JULY 31, 2018 (SCDHS COMMENTS) AUGUST 14, 2018 (SCDHS COMMENTS) FEBRUARY 12, 2019 (FOUND. LOC.) DECEMBER 23, 2019 (FINAL) 3.3+ 1 2+ WATER j 81.00' METER t DWY. EDGE 0.1'E [DATED AL SAP Ce REVIEWED f�' ED 13Y ZBA I DECISION # --7/ �3 4: / IO: to o N V1ti(,t, jJ O1 1�r 1 1 m [ [ a0as- CB �aoao DWY. EDGE 0,2'E [ z [ z m [ [ I [ CS 1 ` v n� '' [ m0 D r C r\n m I r r� y' 12.2' FR. Cn U3 SHED W 41 Fr'� ,1 CB I t U/G k J19 ; PROPANE I ; TANK O �o CB ICONCRETE TRENCH ' 5.8 DRAIN 20.2' TIMBER CURB t STY• N GF -9-7' 12,4 { TIMBER ( r.�aFit CURB O.L. AREA=22,775 SO. FT. TO TIE LINES C C�� CURB ER \GEN. PAD LOW CONC. WALL G1 FE m Q r TEST HOLE EL.9.1' m ' OA W-- CONC. WALL 0.7'E AC UNITS ON PLAT z un ym 0.Sw WOOD k WIRE FENCE ALONG TIMBER WALL 1.1'E. G4 G2 METAL �O.B'E COVER m ST �I z c� PAVER > PATIO N A `z o in ' r p r" 6. DW ,-0 T.m 5.7 n S WER m 27'7 'A'1 1, —WOOD STE 'S TIMBER LINED STONE PATIO - 2ND STY. '-ANTILEVER OVER WOC ) STEPS 0) FE O -0.6E tD -0/L ruaFR RET- NAU. +B.6' 8.1'+ DECK 4�, :.� WOOD BQ1 -EAD.... !}W i 1.5+ NEW g FR. ; ZONE X & WOODEN WOODEN ti� ;±9.0' BULKHEAD STEPS __._-.... MH �P UNE, ALONG f�HµM + i ZONE j( FIOrD-?ONE _ _ _ _ N81.46'22"W lit ZONE vE GREA 41.5g' BAY Coj I o INE LIC. NO. 496181 (?J 766:96Z (631) 765-1797 P.O. BOX 909 1230 TRAVELER STREET r� SOUTHOLD, N. Y. 11971 12--309 f VACANT Abandoned Agricultural Land TERRY PATH (PRIVATE ROAD) (PUBLIC WATER IN ROAD) N/O/F WILLIAM LASCELLE e_ r, ,tel A -A . I 1 I 1 I I i p � I � r I � PROPOSED RAIN RUNOFF CONTAINMENT 1 PROPOSED HOUSE =1270 sq. ft. I 1270 x 1 x 0.17 = 216 cu. ft. 1 216/22.3 = 10 VF I PROVIDE (2) DW's 60 X 5' DEEP PROPOSED GARAGE = 576 sq. ft. 576 x 1 x 0.17 = 98 cu. ft. 98/22.3 = 4.4 VF PROVIDE (1) DW's 60 X 5' DEEP DRY WELLS TO BE CONNECTED WITH GUTTERS & LEADERS PROPOSED SEPTIC SYSTEM (4 BEDROOM HOUSE) [1] 1000 GALLON PRECAST SEPTIC TANK [4] LEACHING GALLEYS (8.5' x 3.5" HIGHT) EXISTING CESSPOOL TO BE REMOVED OR FILLED IN TO SCDHS SPECS HOUSE :SLATE OR OTHER F.F. EL. 12.0' SUITALE COVER STOPPER END PLUG EL. 10.0' I. E. 0 0 N 9.0' a 12 CLEAN OUT IE I 1 I 1 I 1 I 1 I I 1 I 1 I SEPTIC SYSTEM DETAIL NOT TO SCALE C I 1 it ,1 I 1 I I { 1 I I 1 I TEST HOLE DA TA McDONALD GEOSCIENCE 05/02/2017 EL. 9.1 ' I 1 FINISHED GRADE masonary chimney 6 VIN. -'0 C DARK BROWN LOAM OL 1' BROWN CLAYEY SAND SC 4' BROWN FINE TO COARSE SAND SW 7' PALE BROWN FINE SAND SP 8' WATER IN PALE BROWN FINE SAND SP 17' NOTE. • WATER ENCOUNTERED 8.3' BELOW SURFACE EL. 9.1' /1.E.7.5' E. 1/4" PER FOOT MIN. 82 77 1/8" PER FOOT MIN.-/ 7.5 :�: ': ': `: ;: 3.5' �j•): PITCH MIN. 4" DIA. PIPE 4, PITCH MIN. 4" DIA. PIPE CLASS 2400 PIPE OR EQUAL min }- ..... CLASS 2400 PIPE OR EQUAL 0, i� 1000 GAL. PRECAST 3'[4] LEACHING GALLEY 3• 2'+ SEPTIC TANK 111 (8.5' x 3.5" HIGHT) I GROUND WATER EL. 1.1'---�k----------------------- EL.1.1' ---------- -y EL. 1.1' -CHEST '�C/ vRvCv IWnIAIArr-O -- BACKFILL MATERIAL TO BE CLEAN SAND & GRAVEL AREA=22,775 SO. FT. TO TIE LINES ■ =MONUMENT ELEVATIONS REFERENCED TO N.A.V.D. SHED 6.0' t .1'� 24.0 I I , 'ROPOS c S,ARAG o I �T 24.0 8.5' it 6.4'I i� CONCRETE i TO BE i C OE%1ST C O.a' UIN E c p"8E I c� I o 2 STY. 9 N�LG DEMOUSN9 Z z 4' LG c 5 FR. HSE 0 G7 N4.3' LG LG J a' 15.0 E TEST IO.B'E Z - HOLE EL9.1' CA 5' m FE 0.1'W AREA OF EXISTING SEPTIC SYSTEM FILLED IN KIND 8,5' TO REMOVE SR SPECIFICATIONS n TO S.C.D. p a 6.0' m Ln cD _ilI, I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CON5TKUCTION OF 5UI35UKFACE 5EWA&E 015PO5AL SYSTEMS FOR SINGLE FAMILY KE5IDENCE5 AND WILL ADIDE f5Y THE CONDITION5 5ET FORTH THEREIN AND ON THE PERMIT TO CON5TKUCT. FLOOD ZONE5 FROM FIRM 36103C0462H THE LOCATION OF PUBLIC WATER, WELL5 AND GE55POOL5 ANY ALTERATION OR ADDITION TO TH15 SURVEY 15 A SHOWN HEREON ARE FROM FIELD 0E55EKVATION5 AND OR VIOLATION OF 5ECTION 7209OF THE NEW YORK 5TATE FROM DATA 05TAINED FROM OTHERS. EDUCATION LAW. EXCEPT A5 PER 5ECTION 7209 - 5U6D I V 151 ON 2. ALL CERT I F I GAT I ON5 HEREON ARE ADDITIONALLY TO COMPLY WITH 5A ID LAW THE TERM "ALTERED 6Y" VALID FOR TH15 MAP AND COPIE5 THEREOF ONLY IF SAID MUST 15E U5ED 13Y ANY AND ALL SURVEYORS UTILIZING A COPY OF MAP OR GOPIE5 GEAR THE IMPKE55ED SEAL OF THE ANOTHEK5 SURVEYORS MAP.TERM5 5UCH A5 "IN5PECTED" AND 5UKVEYOK WH05E 51GNATUKE APPEARS HEREON. "8ROU6HT - TO- DATE" ARE NOT IN COMPLIANCE WITH THE LAW. 0.3'`N WOOD & WIRE FENCE ALONG TIMBER WALL 1.1'E HOUSt Co oFIN. 'FLR• .NOus xisT) O BE 6E � jED 27.6 EXI T HOUSE n i SRO BE DEMOLISHEC ---- v GRAVEL FINAL MAI' REVIEWED BY ZBA SEE DECISION # DATED ,'3 115 1 '54r -p Ll 3 0 1 L 1 i�+t - FE nM8ER RET. WALL STEPS .O.t'W. +8.6' 02t 81'+ WOOD ' m s� = BU 1.5'+ SURVEY OF PROPERTY $ ZONE X FR> kWOODEN WOODEN BULKHEAD STEPS 0 A T MA TTIT UCK ASPHALT ROAD 14.0+ 132+tASPHALT N/O/F CHARLES DOROTHY & o OLDANI TOWN OF SOUTHOLD 41.58. A ?, BA PCS (EL8') O11TIC, o y SUFFOLK COUNTY, N. Y. S89•09'00"E 1000-123-06-20 _ + 36.\f1+ SCALE: 1'=30' )0' WATER 81.00' JANUARY2013 27, 2017 017 2017AUGUST METER 22, 2017 (PROPOSED HOUSE) NOVEMBER 28, 2017 (REVISIONS) C 01 1 � L � ' J � s N W Cs m IYACCAKINO £ 06-27-2017 I �\ 0.2' L � I � on t C7 COMPOST BIN O o I m r m rlrl I D t I C I t WELL Z I \ 0 1.t' ® \ t2T+ p WELL 1 Z WELL TO BE p i m m I \ ABANDONDED I Frl rl C r ' ) I �Z ➢� i D yD � 0 z _ U) I n 12.2' I = I (T1 111 m SHED W L L2.6 -0I O G I A 11.t' uoi L 1 ' � � � I r FRAME GARAOE SHEO c r � z m I 3Y t CONC. --•--1 DARK BROWN LOAM OL 1' BROWN CLAYEY SAND SC 4' BROWN FINE TO COARSE SAND SW 7' PALE BROWN FINE SAND SP 8' WATER IN PALE BROWN FINE SAND SP 17' NOTE. • WATER ENCOUNTERED 8.3' BELOW SURFACE EL. 9.1' /1.E.7.5' E. 1/4" PER FOOT MIN. 82 77 1/8" PER FOOT MIN.-/ 7.5 :�: ': ': `: ;: 3.5' �j•): PITCH MIN. 4" DIA. PIPE 4, PITCH MIN. 4" DIA. PIPE CLASS 2400 PIPE OR EQUAL min }- ..... CLASS 2400 PIPE OR EQUAL 0, i� 1000 GAL. PRECAST 3'[4] LEACHING GALLEY 3• 2'+ SEPTIC TANK 111 (8.5' x 3.5" HIGHT) I GROUND WATER EL. 1.1'---�k----------------------- EL.1.1' ---------- -y EL. 1.1' -CHEST '�C/ vRvCv IWnIAIArr-O -- BACKFILL MATERIAL TO BE CLEAN SAND & GRAVEL AREA=22,775 SO. FT. TO TIE LINES ■ =MONUMENT ELEVATIONS REFERENCED TO N.A.V.D. SHED 6.0' t .1'� 24.0 I I , 'ROPOS c S,ARAG o I �T 24.0 8.5' it 6.4'I i� CONCRETE i TO BE i C OE%1ST C O.a' UIN E c p"8E I c� I o 2 STY. 9 N�LG DEMOUSN9 Z z 4' LG c 5 FR. HSE 0 G7 N4.3' LG LG J a' 15.0 E TEST IO.B'E Z - HOLE EL9.1' CA 5' m FE 0.1'W AREA OF EXISTING SEPTIC SYSTEM FILLED IN KIND 8,5' TO REMOVE SR SPECIFICATIONS n TO S.C.D. p a 6.0' m Ln cD _ilI, I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CON5TKUCTION OF 5UI35UKFACE 5EWA&E 015PO5AL SYSTEMS FOR SINGLE FAMILY KE5IDENCE5 AND WILL ADIDE f5Y THE CONDITION5 5ET FORTH THEREIN AND ON THE PERMIT TO CON5TKUCT. FLOOD ZONE5 FROM FIRM 36103C0462H THE LOCATION OF PUBLIC WATER, WELL5 AND GE55POOL5 ANY ALTERATION OR ADDITION TO TH15 SURVEY 15 A SHOWN HEREON ARE FROM FIELD 0E55EKVATION5 AND OR VIOLATION OF 5ECTION 7209OF THE NEW YORK 5TATE FROM DATA 05TAINED FROM OTHERS. EDUCATION LAW. EXCEPT A5 PER 5ECTION 7209 - 5U6D I V 151 ON 2. ALL CERT I F I GAT I ON5 HEREON ARE ADDITIONALLY TO COMPLY WITH 5A ID LAW THE TERM "ALTERED 6Y" VALID FOR TH15 MAP AND COPIE5 THEREOF ONLY IF SAID MUST 15E U5ED 13Y ANY AND ALL SURVEYORS UTILIZING A COPY OF MAP OR GOPIE5 GEAR THE IMPKE55ED SEAL OF THE ANOTHEK5 SURVEYORS MAP.TERM5 5UCH A5 "IN5PECTED" AND 5UKVEYOK WH05E 51GNATUKE APPEARS HEREON. "8ROU6HT - TO- DATE" ARE NOT IN COMPLIANCE WITH THE LAW. 0.3'`N WOOD & WIRE FENCE ALONG TIMBER WALL 1.1'E HOUSt Co oFIN. 'FLR• .NOus xisT) O BE 6E � jED 27.6 EXI T HOUSE n i SRO BE DEMOLISHEC ---- v GRAVEL FINAL MAI' REVIEWED BY ZBA SEE DECISION # DATED ,'3 115 1 '54r -p Ll 3 0 1 L 1 i�+t - FE nM8ER RET. WALL STEPS .O.t'W. +8.6' 02t 81'+ WOOD DECK o m s� = BU 1.5'+ $ ZONE X FR> kWOODEN WOODEN BULKHEAD STEPS F +9.0' MH + -n -NE ALONG MH�WM ZONE ii FLO=p�ONE�INE_---- - - N81.46 '22-W 00 41.58. A ?, BA PCS (EL8') O11TIC, o y 11.0NI1` G 6 AR[) ()r 4tPPr_ALS NITS LIC. NO. 49618 PECONIC SURVEYORS, P.C. (631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 12-309 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Departmenv of Economic Development and Planning Theresa Ward Deputy County Executive and Commissioner December 11, 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: .RECEIVED DEC, 181 2017, w .ZONING BOARD OF APPEALS Division of Planning and Environment Pursuant to the requirements of Sections A1444 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to, the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community= impacts. A decision of local determination +should -.not be construed as either an approval or disapproval. Applicant Municipal File Number Whitrock, Kevin #7143 Branch, David & Elizabeth #7144 Lejon Enterprises, Inc. (CV) #7145 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 11th FI ■ P.O BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 bvl� Jaik tz"vPo kAU�V4✓OFFICE LOCATION: - Town Hall Annex 7 54375 State Route 25 tis (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD -7 (q 3 RECEIVED FEB 16 2018 MEMORANDUM ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From. Mark Terry, LWRP Coordinator Date February 16, 2018 Re LWRP Coastal Consistency Review for ZBA File Ref KEVIN WHITROCK #7143. SCTM# 1000-68.4'-15.1. KEVIN WHITROCK #7143 - Request for Variances from Article III, Section 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage, at; 1) proposed dwelling located less than the code required minimum rear yard setback of 50 feet, 2) proposed dwelling located less than the code required minimum side yard setback of 15 -feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet, 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, .(Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-20 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is INCONSISTENT rwith the below listed Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4.1. Minimize losses of human life and structuresfrom flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed residential structure is located in FEMA Flood designation 0.2 percent annual chance of flood hazard or "500 -year flood", which means a flood has a 0.2 percent chance (or 1 in 500 chance) of occurring in a given year (USGS). The VE flood zone is locate seaward of the proposed residential structure. This flood designation is high risk and has a 26% chance of flooding over the life of a 30 -year mortgage. No structures are proposed within the VE flood zone. Figure 1. Subject parcel and flood zones. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and" structures in hazard areas may be warranted for a. structures which functionally require a location on the coast or in coastal waters. The structures do not functionally require a location on the coast. b. water -dependent uses which cannot avoid exposure to hazards. The use is not water dependent. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. The action does not include public investment, infrastructure or facilities d. sites where relocation of an existing structure is not practical. The parcel is over 595 feet long. It is recommended that structures are located as far from flood hazards as practical. Policy 6.3. Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Although not under review, it should be noted that in response to property damage caused by Tropical Storm Sandy, the Board of Trustees issued a Wetlands Permit in 2013. The permit did not include the large deck seaward of the residential structure, rather a rock splash pad and filter fabric were specified in that location (see Wetland Permit 8004). 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 N t i FORM NO. 3 �\ NOTICE OF DISAPPROVAL TO: Suffolk Environmental Consulting (Whitrock) PO Box 2003 Bridgehampton, NY 11932 DATE: September 6, 2017 AMENDED & RENEWED: OctobeQh? ED Please take notice that your application dated August 29, 2017 NOV 2 9 2017 ZONING BOARD OF APPEALS For permit to demolish an existing single family dwelling, construct a new single family dwellingand nd an accessory garage at Location of property: 580 Terry Path, Mattituck County Tax Map No. 1000 — Section 123 Block 6 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed accessory garage is not permitted on this non -conforming 22,775 square foot parcel, pursuant to Section 280-15F, which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front -yard setback requirements set forth by this code and the side yard setback requirements for accessory buildings in Subsection B..." c Furthermore. the movosed sinele familv dwelline is not vernutted pursuant to Article XXIII, Section 280-124 which states that on lots measuring between 20,000 and 39,999 square feet in total size, the minimum rear yard setback is 50 feet, the minimum single side yard setback is 15 feet and a total side yard setback'of 20 feet. Following the proposed construction, the single family dwelling will have a rear yard setback of 4.0 feet, a side - - ter.• a Note to Applicant: Any change or deviation to the above referenced application, may require further review by the ,Sooutthold Town Building Department. S -J-) t '' CC. file, Z.B.A. APPLICATION T Y _'HE SOUTHOLD TOWN BOARD APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: House No.580 Street Terry Path Hamlet Mattituck SCTM 1000 Section 123 Block 6 Lot(s) 20 Lot Size 22,775 s.f. Zone R- 40 7/ (�3 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOKCEIVED DATED: October 31, 2017 BASED ON MAP DATED August 22, 2017. n O V 2 9 2017 Applicant/Owner(s):Kevin Whitrock ZONING BOARD OF APPEALS MailingAddress:46 Willow Ridge Dr., Smithtown, NY 11787 Telephone:631-754-7065 Fax #: N/A Email: kwhitrock08(a,yahoo.com NOTE: In addition to the above, please complete below if application is signed by applicant' attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents. Name of Representative: Bruce A. Anderson — Suffolk Environmental Consulting, Inc. for Owners Agent's Address: P. O. Boz 2003, Bridgehampton, New York, 11932 Telephone: 631-537-5160 Fax #: 631-537-5291 Email: brace(i4suffolkenvironmental.com Please check box to speck who you wish correspondence to be mailed to, from the above names: ❑ Applicant/Owner(s), or [X) Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 8-22-17 and DENIED AN APPLICATION DATED 8-29-17 FOR: [X] Building Permit ❑ Certificate of Occupancy ❑ Pre -Certificate of Occupancy ❑ Change of Use ❑ Permit for As -Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280-15, Subsection F and 280-15, Subsection B Type of Appeal. An Appeal is made for: [X] A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law -Section 280-A. ❑ Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeal [X] has , [ J has not been made at any time with respect to this property, UNDER Appeal No. 5702 Year 2005 (withdrawn). (Please be sure to research before completing this question or call our officefor assistance.) A Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): 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: The proposed activities are suitably setback from the bulkhead in line with most developed properties in the neighborhood and the existing side yard setbacks for the dwelling are maintained or increased (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 lot width at 36' _+ precludes redevelopment of the parcel without zoning relief. Setbacks form the bulkhead to the proposed dwelling are increased over existing. (3) The amount of relief requested is not substantial because: The existing development is similarly non-compliant with respect to the required dimensional setbacks for this lot (4) Thevariance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The project is outside the jurisdiction of the NYSDEC. A new compliant septic system would be constructed for the lot and setbacks from the wetland boundary (MH99 for the dwelling would be increased over existing. (5) Has the alleged difficulty been self-created? ( ) Yes, or (X ) No. Are there Covenants and Restrictions concerning this land: [X] No. ❑ Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARL4NCE SHEET. (Please be sure to consult your attorney.) 4 J(a. 4• Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to btfore me this day of , 2 Notary Pub Matthew D (vans Notary Pundit of New York No 011V6053'59 RECEIVED Qualified in Suffolk County Commission Expires January 22, 20 ZONING BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Kevin Whitrock Date Prepared: November 16, 2017 I. For Demolition of Existing Building Areas Please describe areas being removed: Subject parcel contains a 889 s.f one story dwelling, a 210 s. f. stone patio, a 350 s.f deck, a 331 s.f. frame garage and two sheds at 101 s. f. each. The dwelling and garage are to be demolished. H. New Construction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: 27.6' x 46' Dimensions of new second floor: 27.6' x 46' Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 29' 6" (to top of ridge) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A (crawl space proposed) 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) — Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1422 s. f. (house, garage and 2 sheds) Proposed increase of building coverage: 625.6 s. f. Square footage of your lot: 22,775 s.f. Percentage of coverage of your lot by building areas 9% V. Purpose of New Construction: Residential dwelling and detached garage. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit seven (7) 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. 7/2002; 2/2005; 1/2007 -:4r -If �-3 RECEIVED Nov 2 9 2017 ZONING BOARD OF APPEALS A. 1:1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? ❑ Yes [x] No. Are there any proposals to change or alter land contours? [x] No [ ] Yes, please explain: RECEIVED NOV 2 J 2017 ZONING BOARD OF APPEALS C. 1) Are there areas that contain sand or wetland grasses? Yes each) 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Awaiting_ variance relief prior to filing with Trustees. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes, please label the proximity of your lands on your map with this application_ H. Please list present use or operations conducted at this parcel: Residential — Single Family with garage and sheds and proposed use Residential — Single Family with garage and sheds (examples: existing: single-family; proposed: same with garage or pool, or other description.) AoA.— /I Z-zt / I-? Authorized Signature and Date 2/05; 1/07 1� AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD �3-- RECEIVED 71 NOV 2 9 2:717 ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: L40W (vt C W11187 3. Name of Land Owner (if other than QTPPAftLAhf 4. Address of Land Owner: 5. Description of Proposed Project: bC-KbWJ4 MSTIAG g&F b%,*WA6 s 0 r. . ANO &Kwmc MM SFJ 6;, SF ex LJ 447M 6. Location of Property: (road and Tax map number) 58 b 'TDT44 ' ft& ,. 0A h=% tit LIQ 7. Is the parcel within 500 feet of a farm operation? Jr} Yes { } No 8. Is this parcel actively farmed? { } Yes {t(No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) � ✓4-`-® / i / z " / 17 -Cb / Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. 'Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1- Protect and Sponsor Information RECEIVED I!1 / Name of Action or Project: V) K %TtoCK ZONING BOA APPEALS Project Location (describe, and attach a location map): Sao Te 0*4 '?", waVC-Tr % W (_K I AJ Brief Description of Proposed Action: D* -W,2 t.%$14 Uft* sTl M C& 88R Lt. 1 %X -M4 'bvJ U -4A36- 3 Z.lo s. cy.*" &w j Lop Sreu ur I s • F. z %Nv" owEtuN�� S7 'a s. -0 . D �'llkckt� 6AWJta4= s Nc�w Stfpn stiIS1L-M Name of Applicant or Sponsor: Telephone: IWA Wh1nom E-Mail:KWWJk+oJk06Py4koo. La"A Address: 416 W%iaw City/PO: State: Zip Code: Sw► tT-*W0 w t.1. rl Y ill 817 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that I/ 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?7V1_ S If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? acres �O.7► b. Total acreage to be physically disturbed? •C • y S acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 49-P acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban ❑ Rural (non -agriculture) ❑ Industrial ❑ Commercial WResidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES we 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: l"'jV6M%L 19W4 NO YES ✓ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? 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? NO YES V7— I/ 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologie4 NO YES RtUlvru 10. Will the proposed action connect to an existing public/private water supply? n 0 v 2 9 20 17 If No, describe method for providing potable water: ZONING BOARD OF APPEALS. NO YES V 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: OWS ITC' .SEML S &TEIM NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES Vol ✓ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain 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? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES ✓ 14. Idyntify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ® Shoreline ❑ Forest ❑ Agricultural/grasslands ❑ Early mid -successional ❑ Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ✓ 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? If Yes, a. Will storm water discharges flow to adjacent properties? LINO ❑ YES b. Will storm water discharges be directed to established conveyance systems( ff and storm drains)? If Yes, briefly describe: 7NO ❑ YES NO YES ✓ Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES small to large ZONING BOARD OF APPEALS impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES 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? 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES ✓ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicants sor n me:�.1 O CYI.t, la VA -9. CAGeWT) Date: 11 •Z I• l i 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 proweEIVEDn?„ RCS /Z/3 n O v 2 9 2017 No, or Moderate small to large ZONING BOARD OF APPEALS impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 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. =A�--7 71 RECEIVED NOV 2 9 ��17 ZONING BOARD OF APPEALS Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not ,result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 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. =A�--7 71 RECEIVED NOV 2 9 ��17 ZONING BOARD OF APPEALS Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not ,result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 APPLICANT REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the hart of town oftcers and emolovees The nuroose of this ,form is to orovidc information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessrw to avoid same. YOUR NAME: Kevin Whitlock. (Last qwn-_first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) RECEIVED`/f� Tax grievance Variance _ Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) _ Building X Trustee Coastal Erosion Mooring Planning NOV 29 2717 ZONING BOARD OF APPEALS 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 S% of the sham. YES NO X If you armvered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicmtt/agenthepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shams of the corporate stock of the applicant (when the applicant is a corporation): B) the legal or bcnefrcial 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 th day of 77 Signature A- Print Name in Whitrock Forst TS I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Bruce A. Anderson (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) (/� NAME OF APPLICATION: (Check all that apply.) / /7� RECEIVED Tax grievance Variance _ Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Building X Trustee Coastal Erosion Mooring Planning NOV 2 9 top ZONING BOARD OF APPEALS 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 X NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold William H. Price, Jr., EN. Title or position of that person Justice Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town -officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater 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 Brother-in-law Submitted this 20`h day of November, 2017 Signature ovss.. A Print -Name Bruce A. Anderson Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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. RECEIVE - B. DESCRIPTION OF SITE AND PROPOSED ACTION N 0 V 2 9 L1 0 17 71 / 3 SCTM# 123 - 06 - 20 ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ® Building Dept/ZBA. ❑ Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to demolish an existing 889 square -foot 1 story dwelling and 210 s. f. detached garage and construct a new 1442 s. f. 2 story dwelling with a 576 s. f. detached garage. Applicant would also install a new compliant septic system. Please refer to the attached Survey for all project specifications. Attach additional sheets if necessary Location of action: 580 Terry Path; Mattituck, New York RECEIV ' 7/ �3 Site acreage: 0.52 acre f Present land use: Residential ZONING BOARD OF APPEALS Present zoning classification: R - 40 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: Kevin Whitrock (b) Mailing address: 46 Willow Ridge Dr., Smithtown, NY 11787 (c) Telephone number: Area Code ( 631) 754-7065 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1 "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to replace an existing dwelling &garage with anew dwelling & garage ,all located within an almost entirely developed neighborhood. The proposal, as designed, will not result in any adverse effects to the surrounding environment in that the oroiect will simply replace existing structures that have existed harmoniously hereon for over fifty (50) years without any form of adverse impact to the surrounding community. Accordingly, this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. 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 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the subject parcel was already improved with an existing single-family dwelling which has not impeded visual guality or the value of local scenic resources. Therefore, the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposal is for the construction of a new dwelling with detached garage in place of existing dwelling and garage. The dwelling and deck will comply with all applicable FEMA Regulations. Therefore, the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable by a new septic system that would comply with the Suffolk County Sanitary Code in all respects. Consequently, this project complies with this Policy. Attach additional sheets if necessary 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 ❑ No ❑ Not Applicable The proposed dwe;llina will be setback from the water an additional 6 -feet with the new septic system setback a minimum of 120' from the landward edae of tidal wetlands, fully conforming with the requested wetland setbacks of the Town of Southold. Further, the original structures have harmoniously existed hereon property will improve. Consequently, this project complies with this Policy. 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 ❑ Yes ❑ No ® Not Applicable RECEIVED ��%/L j This project is not applicable to this Policy. NAV 2 9 2-017 Attach additional sheets if necessary LUjjjjjG BOARD E)F APPEALS Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary 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 ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria ❑ Yes. ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary 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 ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary RECEIVED NOV 2 9 2017 ZONING BOARD OF APPEALS l Policy 12. Protect agricultural lands in the Town of Southold. See LVVRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policv. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary RECEIVED Nov 2 9 2017 ZONING BOARD OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner I, Kevin Whitrock residing at 46 Willow Ridge Road, Smithtown, NY 11787 do hereby authorize Suffolk Environmental Consulting, Inc. to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. Kevin Whitrock X71 3 RECEIVED NOV 2 9 ��17 ZONING 60ARD OR APPEALS FORM. NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No... ....Z' 932 November 25 .." .......... Date .... ...... ............... . . ....... .... .... ...... THTS CERTIFIES that the building located at .&/8..PV.t* ... rd.... off camp-Almau Rd. mattituck Map No. XamJ?.Ajnebt$k No. ... ......... Lot 1"To, ._ * ... ...... . . . ................... ..... ......... conforms E,.ubstantially to the Application for Building Permit heretofore filed in this office dated .................. Fdb.ru�r26....' 19.. 0.0 pursuant to which Building Permit No. dated . ..... . . ...... -pej>3M8jT.,2fi,., 19....60 was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issue,d is ...... ................ PRIVATE.. 00 . -FAKXXX.. ON MI'm ...... ..... ....... ...................................... .... This certificate is issued to OrMP .. 0 1.0.&q�hMA On,_ pp.M . Air ........................... I ........... .. .... (owner, lessee or tenant) of the aforesaid building. Building Inspecto / V -3 RECEIVED NOV 2 9 2017 ZONING BOARD OF APPEALS - I J FORM NO. 4 TOWN OF SOUTHOLD 3 BUILDING DEPARTMENT RECEIVED Office of the Building Inspector Town Hall NON 2 9 2017 Southold, N.Y. ZONING BOARD OF APPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 26003 Date: 10/02/98 THIS CERTIFIES that the building DWELLING Location of Property 580 PRIVATE RD X17 MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 0006 Lot 020 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 "pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 26003 dated OCTOBER 2, 1998 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY ONE CAR GARAGE* The certificate is issued to KEVIN & MARGARET WHITROCK (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTI Rev. 1/81 Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President HAND DELIVERED October 27, 2016 Southold Board of Zoning Appeals Southold Town Building Department P.O. Box 1179 Southold, NY, 11971 Re: WHITROCK Property Situate: 580 Terry Path, Mattituck, NY SCTM#: 1000 —123 - 6 — 20 Dear Members of the Board, REcEflIE® s 2017 �011(IIV6t8(�D p�; QP}��p•L.rr Application is hereby made for zoning variance pursuant to a Notice of Disapproval issued by the Southold Town Building Department last amended October 31, 2017. Application contents are as follows: 1. Amended Notice of Disapproval dated October 31, 2017 issued by the Southold Town Building Department; 2. Application to the Southold Town Board of Appeals dated November 21, 2017; 3. Applicant's project -description dated November 16, 2017; 4: Agricultural Data Statement dated November 21, 2017; 5. Questionnaire for Filing with your Z. B. A. Application dated November 21, 2017; 6. Owner's Endorsement executed by the owners of the property on November 15, 2017; 7. Applicant Transactional Disclosure Form executed by the owners of the property on November 15, 2017; 8. Applicant/Agent/Representative Transactional Disclosure Form executed by me on November 20, 2017; 9. Short Environmental Assessment Form prepared by this office on November 21, 2017; 10. LWRP Consistency Assessment Form prepared by this office on November 21, 2017; 11. Photographs of subject property prepared by this office on October 9, 2017; 12. Certificate of Occupancy No Z932 dated November 25, 1960 for a Private One Family Dwelling and Pre -Existing Certificate of Occupancy #Z-26003 dated October 2, 1998 and March 24, 2015 for One Family Dwelling with Accessory One Car Garage. 13. Correspondences from John V. N. Klein, Esq. to Ruth Oliva, Southold Zoning Board of Appeals dated July 19, 2005 withdrawing the zoning application. 14. Property Assessment Card obtained from the Southold Town Assessor's Office; 15. Survey prepared by Peconic Surveyors last dated August 22, 2017; 16. Modular House Plans prepared by David Thomas Feeney last dated 12/1, 2016 approved by New York State; 17. Garage Plans prepared by James J. Deerkosky last dated October 23, 2017; and 18. Check made payable to the Town of Southold in full satisfaction of the requisite application fee. By way of this correspondence, I request that you commence the processing of this application and schedule a public hearing for presentation and determination. Thank you in advance for your anticipated cooperation. Yours typly, Fd RECEIVED Bruce A. Anderson Cc. K. Whitrock NOW 292017 ZONING BOARD OF APPEALS RECEIVED �, f JUL 2 5 F��11 '- C MEYER SUOZZI ENGLISH & KLEIN' P.C. AF?_�� COUNSELORS AT LAW _..�6..2,aaaal2AF SI.11Tf: 1102 ALBAN'. NI•W 1 (.,RI, 1226( 518-463-5551 F is SII.1I LE .`i 11 1 300 CONNECTICUT •\VENUE• N W tiUITE 600 NVA4 ,HINGTON. DC 20036 202-055-6340 FACSIMILE 2-12-22) 1039 CERTIFIED MAIL-RRR 1SO5 KELLUM PLACE P.O. Box 803 MINEOLA, NEW YORK 11501-0803 516-741-6565 FACSIMILE. 516-711-6706 E-NtAIL. meyersuozzi,a-nlsek.conl WEBSITE. hV:/1WW%e.tnsek.com July 19, 2005 Ms. Ruth Oliva, Chairwoman Zoning Board of Appeals - Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Application of Kevin and Margaret Whitrock File No. 5702 Dear Chairwoman Oliva: 1350 BROADWAY. SUITE 501 P.O Box 822 NEW YORK, NEW YORK 10018-0026 212-239-4999 FACSIAIILE 212-239-1311 425 BROADHOLLOW ROAD, SUITE 405 P.O Box 9064 NIELVILLE. NEW YORK 11747-9064 631-249-6565 FACSIMILE 631-777.6906 JOIIN V. N. KLEIN E-M.AIL JI;LEINUMSEA COM RECEIVED N`?v 2 9 1017 ZONING BOARD OF APPEALS This firm has been engaged by Dr. and Mrs. Kevin Whitrock of 8 Soundview Drive, Fort Salonga, NY as their legal representatives in their application to your Board bearing the above number pertaining to SCTM parcel 1000-123-6-20. The application was the subject of a public hearing before your Board on July 7. At the conclusion of the presentation the applicant was extended an opportunity to make a further submission no later than August 11`h with the understanding that there would be a continued public hearing on August 18th We have been authorized and requested by Dr. and Mrs. Whitrock to appear, of record, on their behalf in the pending application. In that regard, we have reviewed the matter with our clients and have recommended to them that, for a number of reasons, they withdraw the application at this time and thereby discontinue the proceeding to which they have agreed. f Ms. Ruth Oliva July 19, 2005 Page 2 Accordingly, on behalf of Dr. and Mrs. Whit -rock and as their attorneys we respectfully withdraw the pending application, without prejudice to a future resubmission, and request that no further action be taken in connection therewith. ely yours, G ohn V. N. Klein JVNK:d cc: Ms. Linda Kowalski(via fax) Dr. & Mrs. Kevin Whitrock RECEIVED n�V 2 9 2017 ZONING BOARD OF APPEALS !,;t3 CFO CArnp 1c��neo� P!� io-L-oi • 711 U)7rdil��i? RECEIVED NOV 2 9 2017 ZONING BOARD OF APPEALS N WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out southwestern corner of the proposed Dwelling. Photograph taken from the southern section of the property, facing north. ZONING BOARD OP APPEALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing north. 9ecel Jet ,50A?_'D O� PPp�P�S ZONING WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing northwest. __9__ 7/ �-3 RECEIVED ZONING BOARD OF APPEALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the conditions along the shoreline of subject property, including the existing dwelling to be removed and replaced with a new single-family dwelling. Photograph taken from the shoreline of subject property and Great Peconic Bay, facing northeast. RECEIVEL TONING BOARD OF APPEALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out corners of the proposed Garage and the existing Garage (to be demolished). Photograph taken from the central section of the property, facing south. ZONING BOARD OF APPEPALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck • New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out corners of the proposed Garage. Photograph taken from the southern section of the property, facing northwest. *�7 7/ RECEIVEL, 'ONING Bp,gRD OF pPpS4LS WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out location of the proposed sanitary system. Photograph taken from the southern section of the property, facing northwest. X'eli I q-3 RECEIVED ZONING BOARD OF APPEALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck • New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out northeasterly corner of the proposed dwelling. Photograph taken from the southerly section of the property, facing south. ZONING BOARD WHITROCK Property Situate: 580 Terry Path ■ Mattituck ■ New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out northwesterly corner of the proposed dwelling. Photograph taken from the southerly section of the property, facing southwest. RECEIVEb ZONING BOARD OF APPEALS WHITROCK Property Situate: 580 Terry Path ■ Mattituck • New York SCTM #: 1000 —123 — 06 — 020 (Photo taken on November 21, 2017) Photograph indicating the staked out southeasterly and northeasterly corners of the proposed dwelling. Photograph taken from the southerly section of the property, facing north. '-�- ?/ �-3 aECEIVEI% ZONING BOARD OF 4PPEALS TOWN OF T CARD OWNER STREET VILLAGE DISTRICT FARM LOT _qV E I CB. I misc. Est. Mkt. Value 'A 341 , 1; IMP. TOTAL DATE REMARKS FORM - R OWNIE� tx, / [d, -A/19 d� N -'— 1,;?. 0 W), � . E ACREAGE -2- 1-t 10 S L4 --A, W TYPE OF BUILDING —A,,, q--ep RES. SEAS. VL. FARM comm. I IND. I CB. I misc. Est. Mkt. Value j -kND IMP. TOTAL DATE REMARKS -2- 1-t 10 q--ep -M, A M Bpi 2 - -/ 4/, (c-- i r-4 wo o tf 4 a,Wk i4nne k. 0,4> L 31�ZZZ 4,,Yvew-d, lVo 6%G EB lb2-0= ILDINGQbNDg)O I wl�j nc( "7 now% 4re NEW NORMAL BELOW ABOVE FRONTAGE ON WATER J A 63, f Farm Acre Value Per Acre Value FRONTAGE ON ROAD BULKHEAD Tillable 2 DOCK Tillable 3 ReCt:fq1ED Kk ---a yr G4ie)" Woodland 0&L)or-4DLvh,4wA-dw SwamplandG 50ARID OF ONIN-7/a - AppEAUS q/491—L110110 tA)b #Y& -k /0 Brushland House Plot AorAA tet) -M\ Total }1s:u Jt .. '� ,�• a'+n� rye 4` r Je''" � ' •� t f '' . s �9 1R•.4� �'�� � J r �+, a, ".�7 re�lX�°1\� s J i jl r• y r 1vyii'7L �.tn Jr�i w :t'`1.�'►! i- � r�r=r�•,e. r!s ,, s + UY � �����A;f r � �i��Tc`••i'�r ���<.y++"'' � jam. �"�C., .. '• _� - :. ;�.,. ,._ 1. .. .�^-.'" f_"'.-"3�y ra, �.'.{ 3'pu `'�y +;•�,,,,1 �'h+`-..r� r,.�a 'S'R•^Fw., „o. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER rA Town Hall, 53095 Main Road RO Box 1179 Southold, New York 11971 Fax(631)765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 29, 2017 RE: Zoning Appeal No. 7143, Transmitted herewith is Zoning Appeals No. 7143 for Kevin Whitrock-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval, Board of Zoning Appeals Application Authorization, Certificate of Occupancy, Pre -Existing Certificate of Occupancy, Application Cover Letter from Suffolk Environmental Consulting Inc., A Letter from John V. N. Klein to ZBA, Photos, Property Record Card, Survey, and Drawings. Date: 11/29/17 Quantity 1 Notes Payment Type CK #1277 ***RECEIPT*** - Transactions ZBA Application Fees Amount $2,50000 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Whitrock, Kevin & Margaret 46 Willow Ridge Drive Smithtown, NY 11787 Receipt#: 229816 Reference 7143 Total Paid Paid By Whitrock, Kevin & Margaret Subtotal $2,50000 $2,50000 Clerk ID: SABRINA Internal ID* 7143 —._ r .-sr.•r.--^mom .SON N 2M 082 IN J L r>rx.;.. E G' Or` —�— E — snr,,,vw. �•.••-•_•---. rf D F�uN•. 23 pm.von La M1• Fr (21) 0.•°0.�e^'°" o sob Pnx� o. oF.aN.. 021A(E)w12 1A21A( b�a•aar 121AIc) 9-- ------ °"°'N• 2 O m,:�Y l.. -- T I� --- �•L"'• ----- Saca para i^. --SQL-- FeO�°�~ --F-- MWrO•I"a i°`• --W— — lqN Oem LY+ — L — — hnuc,clt++ --n-- Sew Ouatir —9— "1""I�L� --n-- rwo"olOr"�l^• --R�-- a�ro.s•o ame �wh — — A — _ vaa.�wovcU•F--xw-- UN255 wwW onelaMSE. w.F:AaEFriEs uaEw*wNrHEFauowKcnsmKTs 9 =E ' y. BRE 3D mOAANT uca+T aL aAT�x FMK 71 FUSE rA+ew.Ancc 1E'M1ER NOTICE !MI"TE"A"CE,ALTERATIoN, BALE OR DISTRIBUTION OF ANY PORTION OF THE SUFFOLK CAUNTV TAX MAP IS PROHIBITED EALPROPRTYTPSERVICEAGENCYE �� CD71,•;p,tl COUNTY OF SUFFOLK © fl Real Property Tax Service Agency rn' r County Canter Riverhead, N Y 11901 SCALE MFEET ~'�'✓yV� 10a 0 2m Ioo >� E v M P 11s Ila la 1a 1>r rowrloF �TMp�,p SECTION NO 123 PROPERTY MAP VILLAGE OF DISTRICT NO 1000 OONVERSION DATE FM 10. 2011 N No Scale T'n � o � i I O I m N N 4? M •� Cly � W U a N z 16.4 Vl 1+^M N O O I\ En d U� Y N L O 1+ 7 N td L L L � L � � LL- t h CC r 40' r4 aspr+.+` aa,1 NOTE: Twenty-three (23) neighboring properties were studied along the same shoreline of subject property, of similar size and development, in order to measure the distance between the seaward -most point of the existing improvements and the High Water Mark. The average of these setbacks was 34.9' ±. Additionally, of these twenty-three (23) neighboring properties, nineteen (19) contain 2 -Story Dwellings (82.6 %). Further, of these twenty-three (23) neighboring properties, twenty (20) contain garages between the principal dwelling and the road. It should be noted that subject property also benefits from a garage between the principal dwelling and the road. t ��. Bird's Eye View (Westerly Section) No Scale MOO 44 0 T— •T ;�� Y'C �• �' �, x� f1�1 6 `� �, n . ma�yy. � •AJ6. Vol 4 lid ,. fill' •, � ' r toAL H sr Imo• �±. • ._ -�[[+ 4 ! • M t _ f kY C a tom, ., ♦ a a: .. .. _« si ,. • �y a ~ '1• • P ✓'•'ter • � ` 4 ` ir. :' it. "• yam.. 1t++x L Y ea.. O Bird's Eye view (Easterly Section) O N O No Scale I O k r r u .�.1 O . p..l O kY C a tom, ., ♦ a a: .. .. _« si ,. • �y a ~ '1• • P ✓'•'ter • � ` 4 ` ir. :' it. "• yam.. 1t++x L Y ea.. O O N O I O u .�.1 O . p..l O o ^ VrJ 16.4 o z o N U ;-qz o�o� ■ O � X I a� V� 1� •v C 0 CD Lf)E E GJ � (� L 0 -14 0 N L L N � u L J L � � CL lL_ � E L �— Charles M.(deceased) & Dorothy A. Oldani PO Box 937 — 620 Terry Path Mattituck NY 11952 February 16, 2018 IZayp MAR-vz 1 ?418 D To: Southold Town Zoning Board of Appeals BY - 53095 __ �% / Main Rd --__� Southold, NY 11971 Re: Whitrock ZBA Application 580 Terry Path Mattituck, NY 11952 I have reviewed the documentation and am familiar with and support the application for the proposed home rebuilding project adjacent to our property by the Whitrock's. Sincerely, Carlo W Oldani Executor for Charles M. Oldani POA for Dorothy A. Oldani ......................4�.Y ........ . a:; 4jn 2i e LSA 5"o71ze� ✓fi r '-e,L. LO 20 rg To: Southold Town Zoning Board of Appeals 53095 Main Rd Southold, NY 11971 Re: Whitrock ZBA Application 580 Terry Path Mattituck, NY 11952 Name Address Date W4m, �d:e,'-, Ltt-S,-Jle I/ We (.................) are familiar with and support the application for the proposed home rebuilding project adjacent to our property by the Whitrocks. 4�e Qh.e - k 4 --0 to P&eerv,a.uI cc: Bruce Anderson Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 r,UGENE L. DANERI, ESQ. P.O. BOX 917 MATTITUCK, NEW YORK 11952 (516) 808-3975 February 19, 2018 Zoning Board of Appeals Town of Southold = - Town Hall Annex P.O. Box 1179 Southold, New York 11791 " Re: Whitrock Zoning Application Suffolk County Tax,Map# _1.000-123-6-20 Southold ZBA Application No.: 7143 Dear Board Members, I reside at 200 Terry Path, Mattituck, New York and familiar with the Camp Mineola Community for over fifty years when my parents first purchased these premises. I correspond with you at this time in support of the above zoning application by Kevin Whitrock. Over the years I have observed the Camp Mineola Community transform from what once was -a cottage community to what is now a large home community where the overwhelming majority of the homes are large two-story homes. Mr. Whitrock's home is the last remaining cottage situated in the Camp Mineola east community. The entirety of the Camp Mineola properties fail to meet the minimum 150' width R-40 zoning requirement applied to them and therefore all are non -conforming. Mr. Whitrock's property is no exception. Nevertheless, in reviewing Mr. -Whitrock's application, conducting the balancing test set forth in Town Law § 267-b(3)(b), as well as this board's own prior determination, I believe that the instant application should be granted in its entirety. In this application Mr. Whitrock seeks to increase the setback between the bulkhead and the south side of the proposed dwelling to 24.8'. Approximately eleven years ago this writer presented a similar application to this board which resulted in an Article 78 proceeding decided by Order of the Hon. Jeffrey Arlen Spinner, dated October 13, 2010. This decision was then appealed by this board to the Appellate Division, Second Department, and unanimously affirmed [Daneri v. Zoning Board of Appeals of the Town of Southold, 98 A.D.31) 508; 949 N.Y.S.2d 180 (2d Dep't 2012)] on August 1, 2012. I attach and submit copies of both Supreme Court and Appellate Division decisions in support of Mr. Whitrock's application and also as determinative of the fact that the Camp Mineola neighborhood bulkhead setback average is 24.02'. It is also significant to note that in submitting this application Mr. Whitrock seeks to increase the westerly side yard setback to 6'. At this point, it is significant to note that this board granted a substantially similar application to Paul Long, ZBA #5841, in 2006. In this determination, this board granted a variance to Mr. Long consisting of 10' side yard setbacks, a 28.3' setback from the bulkhead and 21 % lot coverage. The significance of the Lc;_. , ,-etermination and its precedential imI mere noted by Judge Spinner and the Appellate Division in deciding the undersigned's Article 78 proceeding and P pP g g ensuing appeal therefrom. I respectfully submit that its significance is no less import in connection with Mr. Whitrock's application. In this application, Mr. Whitrock seeks to construct a larger two-story home that will more comfortably accommodate his family then the present single story structure is capable of doing. This two-story home is entirely consistent with the neighborhood in which he seeks to construct it since it is presently surrounded by existing two-story homes. Its construction provides the overall benefit of decreasing the degree of non -conformity with the -existing building•code by increasing the bulkhead and westerly side yard setbacks. Additionally, this construction will include the installation of gutters and drywells to control storm water runoff, as well as a modern septic system situated at a location that is farther from the adjacent Peconic Bay thus lessening the environmental impact of the existing dwelling. Based upon the foregoing, I submit that Mr. Whitrock's proposed variance is entirely consistent with the character of the neighborhood and it will not have an adverse effect or impact on the physical or environmental conditions in this neighborhood. Indeed, strict compliance with the current bulkhead setback requirement would result in the construction of this home in the front yards of the adjacent property owners which would extensively and negatively impact the character of this community. In view of the foregoing, combined with the fact that the benefit to Mr. Whitrock is great, it is respectfully submitted that his application should be granted in its entirety. I thank you for your consideration of the foregoing. Zug Trul Y , Ox a lagher-D eri �I G` e . D e' Katherine M. G BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net �'��`�3 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20, 2012 RTEEVEII:a EC 2 �0 Southold Town[ Cleric ZBA FILE: 6029 NAME OF APPLICANT: EUGENE L. DANERI (KATHERINE DANERI) SCTM91000-123-6-14 PROPERTY LOCATION: 200 Private Road #17, (aka Terry Path), Mattituck RESOLUTION OF THE BOARD: motion was offered by Member Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the requested variances for an easterly single side yard setback of 12 feet with the "dormer" (Bay window) setback of 10 feet, a westerly single side yard setback of 12 feet with a "dormer" (bay window) setback of 11.1 feet and a bulkhead setback of 30 feet for a proposed two-story dwelling in accordance with the judgment of the Supreme Court, Suffolk County (Spinner, J.), dated October 13, 2010 and affirmed by the decision and order of the Appellate Division, Second Department dated August 1, 2012 and as shown on the survey stamped received by the Board of Appeals August 16, 2007 as follows: survey dated June 20, 2006 last revised August 16, 2007 prepared by Nathan Taft Corwin, III LS., and the correspondence received from Suffolk Environmental Consulting, Inc. dated August 16, 2007; GRANT, the requested variance for a proposed accessory garage 10 feet from the easterly side lot line, in accordance with the Board's determination of September 27, 2007 and as shown on the drawings stamped received by the Board of Appeals on August 16, 2007 as follows: proposed garage plan dated August 15, 2007 as pages A1- 3 prepared by Mark K. Schwartz, Architect and the correspondence received from Suffolk Environmental Consulting, Inc. dated August 16, 2007. 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 minim is in nature for an alteration that does not increase the degree of nonconformity Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resol tion was duly adop (5-0) Z V Leslie Kanes Weisman, Cha�i�rson Approved for filing I? -1- 2b/2012 cli--c,on-struct-new d-we-l-l-in--g-w/in-'su—ff- front and- rear *,*vrd�-ancl--fof--apPrOV6'1-tFf 6t-0669-- ��.t ♦Yi.e.� _ ... .¢:�.. �:i..=•'C�: ..•7 ;;�y ':'7t%'� :=e:"u-.. .. is:• ,�AJ7...t.-.n--.,. ...�'+. .._ ��.. , TOWN OF SOUTHOLD, NEW YORK DATE ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2773 Application Dated December 22, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Richard F. Lark, Esq., as attorney for Appellant .Mr. Joseph D. Posillico., Sr. at a meeting of the Zoning Board of Appeals on January 22, 1981, the appeal was considered and the action indicated below was taken on your Q( ) 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 Art . I I I , Sec . 100-31 , Art. X I , Sec. l ) 100-118E I. �i'ii�f➢1Xi(>�itDRt �1(XafciAxt%liXoi6)kIFJ(1�oX�)HXiK yiJe)t Xd�tE lhKi3SdflX4t XiXtdia`jirNeption ( ) 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 Public Hearing: 8:35 p.m. Application of Joseph D. Posillico Sr., Hemlock Drive, Farmingdale, NY 11973 y Richardark, sq.) for Variances to: , (a) the Zoning Ordinance, Art. III, Sec. 100-31, and Art. XI, Sec. 100-118E for permission to construct new dwelling with insufficient front and rear yards; and (b) New York Town Law, Sec. 280-a for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because ' (SEE REVERSE SIDE) (b) The hardship created (is) (is not), unique and (would) (would not) be shared by all properties alike in the Immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( } be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a variance for permission to construct a one -family dwelling with a setback from the westerly property line of 10 feet and from the easterly property line of 15 feet. The premises in question is approximately 90 feet in depth and an average of 200 feet in length. Existing on the premises is a one-story framed bungalow., which applicant intends to remove entirely, and which is presently approximately three feet from the westerly property line. Upon inspecting the general area, the Board finds many of the existing dwellings to have substantial insufficient frontyard and sideyard setbacks and that the granting of insufficient setbacks in the.front and rear yard areas would not change the character of the district. The Board finds that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighbor- hood; and that the interests of justice will be served by grant- ing the variance with certain conditions, specified below. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that Joseph D. Posillico Sr. be granted a vari- ance to the zoning ordinance, Art. III, Sec. 100-31 and Art. XI, Sec. 100-118E for permission to construct dwelling SUBJECT TO THE FOLLOWING CONDITIONS, and be granted approval of access: (1) That the dwelling not be constructed closer than 171 feet to the westerly property line [frontyard line], and that the dwelling not be constructed closer than 171 feet to the easterly property line [rearyard area]; (2) That the dwelling be constructed so that it does not protrude forward towards the Bay [south] of the easterly neighbor's existing dwelling; (3) That compliance be met of the regulations of the Flood Damage Prevention Law f the Town of Southold. Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPROVED *@WMAn Board of seals ' RE,� EIVED AND FIND BY THE SOUidGLD T01 -71i CLERK DATE .216/9/ HOUR Tovm Clerk, Town of SA now or formerly V Lena F Nowell 1 Q N.87.2700" E 92.92' dOs MO Y.►L pOVV 7, J V tZ • Ov[IOISAD UTILITY uYt y TRINLLIMC i b y VAI g I W.A7 a T1lOT W-9 111 Rl G N now or formerly IMori// n (To So C � � I 0 oFT[LLIWA 0 pWLLUIID v • � � 90 � w0oo sIW.A71*� 037 f.;v TO S.83035'56" W m TTa,aaAyyTNWNIrAO —= W- ypSpf. —� II TIDT MOLL BA Y 00 PECONI C I A.I. v SURVEY FOR JOSEPH D POS/LL ICO, SR 1080 AT MAMMICK DATE NOV. //, 19M TOWN OF SOUTNOLD SCALE, / " V 30' SUFFOLK COUNTY, NEW YORK No. 80-5910 OUNAUTHORIZED ALTERATION OR ADDITION TO TWIS GUARANTEED TO A?S[KWN 7200 QTillItsTTONSSTATipATIOOr N LAW VsIAT rfrLf P �ff QFNY N COFIES OF nos sSINvE,MOT SEARSIS TME LAND smv[TON•s ■fq0 am ON 900MBED REAL SMLL NOT N CONSIStASO To EE • VALID TRUE COPY 1t OF h f GUARANTEES INDICATED WAGON WALL SUN ONLY W �' w HEALTH DEPARTMENT-DATA FOR APPRL TO CONSTRUCT TIM O-A1tMfOM FOR MNor TME Su a[v a FNEFAR[o %p AND ON HIS E[IMLF To Tm TITLE co~. amp"- ■ "M rl. • N$OUNCE OF ISMS IIUMYt . LICA MENTAL ASZKY AND LENDING INSTITUTION LISTED o� • 1p 7r • 1VI CQ TAf IW INfT j�$Q�s[CTNNI}tL DOC[ -„iL. wT.Ih{, :=DNS AND TO TM[ ASSIGNSIS OF T7WRENNLSE/NEDIIING / G *I"= AIM NO DO[LLEtlS MITNIN DO FEET OF TWO PSO►INTT TO ADDITIONS ORKfUEf[WErT N/syr OTNEN TNAN 71gGE $TIOMN FISSION. OMW[Nf /N t ■ TNI WATER SIMFLT AID SENIGE pVOGAI SYSTEM FON THIS NOID[IIQ 110. fOKIG sSDMN M[R[ON FN011 FROKRTY UMq •ILL L17001111 To THE STA■OMos of THE SUFPMA COUNTY DC/ARTOW To ES SSMC STRUCTUREE AR! ►011 • fFtCl/IC OF MEALTN SSNIC[L FUN FO$[ AND AR[ NOT TO at USED TO ISTAKISW AFNLICAIIfi Mo►ERTY LINES ON FOR THE SECTION DF FENCES 4689' &DONEES �` YOUNG a YOUNG RPoER„ AAO, NNWICE E AWN ' • : AVWUAIAIwr ALDEN W.YOUMO,PROFESSIOMAL ENGINEER AND LAND SURVEYOR N.Y.S. LICENSE MO. 12M HOWARD W YOUNG, LAND SURVEYOR • TIM LOCATION Or WaAmsElm UmasM EESNDDEAWN D10MN nomm N.Y.S. LICENSE 00.43093 ARs FRINT NEID ORfAIN710Wi AID M NA 0■T F'NOM 0711EH - ,DTi EXHIBIT A 4r . APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address. Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldlown.northfork.net RE WED ZONING BOARD OF APPEALS 1 TOWN OF SOUTHOLD � 3 �' PM Tel. (631) 765-1809 - Fax (631) 765-9064 YAR 2 7 2Q06 FINDINGS, DELIBERATIONS, AND DETERMINATIOrfO hold Town Clark MEETING HELD MARCH 9, 2006 ZBA File No. 5841 - Paul Long Property Location: 3945 Camp Mineola Road (Howell Avenue), Mattituck Parcel CTM 123-5-30 PROPERTY LOCATION: The applicant's property contains 8,997 square feet with 60 feet along Camp Mineola Road (a/k/a Howell Avenue). The property is currently improved with a 580+/- square foot single-family dwelling (to be demolished). BASIS OF APPLICATION: Request for Variances under Sections 100-239.46 and 100- 244, based on the Building Inspectors December 5, 2005 Notice of Disapproval, amended January 17, 2006 concerning a proposed new dwelling, after demolition of the existing dwelling. The reasons for disapproving the building permit application are that the new dwelling will be: (1) less than a total side yard (both sides) of 25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot coverage will exceed the code limitation of 20 percent for all building area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006 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: 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building proposed will replace a dwelling to be demolished. The percentage of coverage of the property will be reduced from the current 22,3% to 21+/-% (excluding concrete pads, walks and aprons) for the new construction. The proposed dwelling will be centered with 10 ft. side yards and is smaller in width than the existing dwelling. The setback from the bulkhead will not be reduced, and will remain at 28.3 feet and 35 feet to the rear lot line. For these reasons, the new construction is not out of character with the buildings in the area and is Page 2 — March 9, 2006 ZBA File No. 5841 — Paul Long CTM 123-5-30 a no more intrusive to adjacent properties or the beach front areas than any of the surrounding dwelling construction that exist. 2. The amount of relief requested is not substantial, inasmuch as the increase in lot coverage, to 21+/- percent will be less than that of the existing dwelling. 3. The proposed dwelling will be located further landward than the existing dwelling. There will be no reduction in the setback from the bulkhead, and no increase of lot coverage by building area. 4. The side setbacks, ten (10) feet on each side, will result in the building being centered on the lot and an increase from the existing nonconforming side yards. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to GRANT the variances as applied for, as shown on the May 17, 2005 survey, amended January 12, 2006 by Joseph A. Ingegno, and construction diagrams prepared by Mark K. Schwartz, A.I.A. 12/16/05 (Al, A2, A3), SUBJECT TO THE FOLLOWING CONDITION: That the 10 -foot passages on the sides of the house remain free of any structure. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Simon, and Weisman. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). q R�- & . a U.rc_ Ruth D. Oliva, Chairwoman 3/24/06 Approved for Filing 1 1 _ S oto, Eur eAAlP AliyEOLA• Ag *i! r'ri r CII:i 7 Aw, ;0,3-4-6-3 C 9 'O/K Cor1s7,e&e-7- ,v�a`��.v� i,JiTA< 1'.s/swFFiG�FNT o'SeTQilcIA.d fiPi* wa-r6Av�s�`ri�.v�iW Ar�.e ot- 4,,Coc,47v- 49AA46c •.✓ teo Vey f,6 ,o9"A *W,& .3- 7o CoN.S ned c.r W/Tip .Gv r ALL. S roelc c ra gs AA/ SiCeE•cY+ . 56(oo 0�4 -t` "y.�p '`CII-Srse ,, 3s•,7 i t -Cr' cev(r -sw* S)Ect d•.id w/ mct _A �a S668 A? .3 E6GGEn/E .3 "ViNEDLA �JA i Tu of (35 ' ca 9 rC'o.vST,etccT /O V64L1N6 6✓�r� �,dswFFie�ENT u' e7X-1 cl,e FiPe,y k%ET GA.✓�S/Ti�Ali W i4TE.c° 02 - 19".,0 AAD .3- Tp /C-2dNST.Pac-T WiTlA S Tie te.G Tic ,,P-E.S -oAl Ek'2el's ~j�lp� L0-1 CKV(r 114 q • r/G.O4 o?'`d SZ�b �ECL-DP•�o�'�f mCf r o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3553 Application Dated August 27, 1986 TO: Mr. Garrett A. Strang, Architect [Appellant(s)] as Agent for EUGENE BOZZO Main Road, Box 1412 -- Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on November 3, 1986, the above appeal was considered, and the action indicated below was taken on your [ J 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 VariancEs to the Zoning Ordinance Article III , Sections 100-31 and 100-32 Article XI Section 100-11.9.2 [ ] Request for Application of -EUGENE BOZZO for Variances to the Zoning Ordinance, Articles: (1) XI, Section -119.2 for permission to construct dwelling with an insufficient setback from we.tlandsjtidal water along Great Peconic Bay; (2) III, Section 100-32 to relocate accessory garage building in the frontyard area, (3) III, Section 100-31, Bulk Schedule, to construct with lot coverage of all structures in excess of maximum -permitted 20 percent. Location of Property: South Side of Camp Mineola Road, Mattituck; County Tax Map District 1000,, Section 123, Block 6, Lot 127. WHEREAS, a public hearing was held and concluded on October 2, 1986 in the Matter of the Application for EUGENE BOZZO under Appeal No. 3553; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an application for Variances from the Provi- sions of the Zoning Code as follows: (a) Article XI, Section 100-119.2(B) to construct with an insufficient setback at 18 feet from the existing bulkhead along tidal waters at its closest point; (b) Article III, Section 100-32 to relocate accessory garage building in the existing frontyard area with a setback of two feet at its closest point from the front property line along the right-of-way and at 4 feet at its closest point from the easterly side property line, and (c) Article III, Section 100-31, Bulk Schedule, to construct with lot coverage of all structures at 25.7 percent of the total lot area. 2. The premises in question is a substandard parcel containing a total area of 7,896 sq. ft. with 50.0 ft. frontage (CONTINUED ON PAGE TWO) DATED: November 3, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal 3553 Matter of EUGENE oullO Decision Rendered November 3, 1986 along a private right-of-way (which extends in a westerly direction from the west side of Camp Mineola Road), Mattituck. 3. The subject premises is identified on the Suffolk County Tax Maps as District 1000, Section 123, Block 6, Lot 27, and is improved with a single-family dwelling and accessory garage structure as more particularly shown by survey dated January 28, 1985 by Roderick VanTuyl, P.C. 4. The dwelling as exists is set back 18 feet at its closest point from the existing bulkhead (at the southeast cprner) and is set back 7 feet from the side property line at its southwest corner, 10 feet from the side property lien at its northwest corner, 11± feet -from the easterly side.. property line at its southeast corner and 10± feet at its northeast corner. The existing garage is located in the frontyard area with setbacks at 2 feet at the closest point (northwest corner) to the front property line and approximately four feet from its closest point (southeast corner) at the east side. 5. Applicant proposes to move the dwelling 20 feet to the north, gaining the minimum required elevation above mean sea level.as per. the Flood Plain Management Law of the Town of Southold, and extend a new open deck area,. retaining the same existing 18 ft. setback from the bulkhead. The existing percentage of lot coverage is shown by Site Plan dated August 5, 1986 to be 21.7%. The proposed total lot coverage is shown to be 25.7%. The amount of relief requested as to excessive lot coverage is four percent of the total lot area, or 316 sq. -ft. 6. Also proposed by this application is the rotating of the accessory garage 180 degrees, allowing the doors to face west. The size of the garage will -not exceed 18' by 20' and will continue to belimited to storage incidental and accessory to the -residential use of the premises and not operated for gain. 7. It is noted for the record that a conditional waiver has been received dated August 28, 1986 from the Southold Town Trustees. 8. The board agrees that the uniqueness in the character and configuration of this parcel lend to the difficulties for new construction and finds that the relief as granted will be the minimum necessary under the circumstances. In considering this appeal, the board also finds and determines that the granting of the relief as noted below: (a) will not be inconsistent with the general neighborhood; Nwill be the minimal necessary under the circumstances; is not substantial in relation to the requirements of the, zoning code; (d) will not create a substantial change in the character of the area; (e) will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) will serve the interests of justice. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it -was RESOLVED, that Variances BE AND HEREBY ARE GRANTED in the Matter of the Application of EUGENE..BOZZO for permission to relocate dwelling, construct open deck addition, and relocate accessory garage, SUBJECT TO THE FOLLOWING -CONDITIONS: 1. That the dwelling and deck construction be located no closer than 30 feet from its closest point from the existing bulkhead; (CONTINUED ON PAGE THREE) Page 3 - Appeal No. 3553 Matter of EUGENE BOZZO Decision Rendered November 3, 1986 2. That the total lot coverage (of all structures) not exceed 24 percent of the total lot area; 3. There be no reduction in the sideyard setbacks to less than eight feet at the westerly side and 10 feet at the easterly side; 4. The accessory garage structure not be closer than five feet from the front property line along the private right-of-way, and not closer than four feet from the easterly side property line, as exists; 5. The garage doors face west, as proposed; 6. Deck area to be constructed at the southerly end of dwelling remain open and unroofed, as proposed. - 7. The frontyard setback of the dwelling not be less than that shown on the August 5, 1986 site plan prepared by Garrett A. Strang, Architect. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolution was duly adopted. 1 k GERARD P. GOEHRINGER, NAIRMAN November 19., 1986 RECInJ J MIND �TI.�' - ilZ SOU T'_ OLD Tolvid CLIi; Dr-, HOUR Town CIe,k Tovrn of ~oId 0) -' �,..TY ' N� MAS GAF_. PC�:���.Q ' 'U,�V�Y t7 FlJt2 Lf op SOLI qa-07i)4Y .W ' CY ,. • 7d• L P.C. cI. � � ���.�(; . :WFM O:Tt ,V MAPi.(f..�,Ta� VO b4e o, To jra7k rlr..�: Gu rz :t �yy . «mom a e,�, n..n T� �a �n,o m:�er�tw a.at•arr�a A:.,`,U!?Vt°YF_P ...,.— _ . .:+oreiSd aA�cncn me eo-w-moe'1 .... / p N_<_13, 1�.$'" OF Nff�y t Y!."' —4 l.•.11:i 4� c`e'f,� )A APP�GK'41, X09 I 11FAf9NS3F:i25FFZf3ta12IfiT t10i?5'i9 Thi:RaS% P[>✓?:h7 1V�L. bb;m„dr�a'a,reoeumm!j) { __. ... .. — _ - - � _ to .eonq:em. Wre*TMwd+d!C'"°� t .�!e.�/. a�'":" _ .r• �`- ' t t L T .r't r. A bnaiw �anutla� q.rca micen m+a i 2. Y .C::+,-i Ad is'75�"�, ' dw pt7f: t. ht.�F_ FOinNos� { PRESENT SUPREME COURT OF THE STATE OF NEW YORK IAS PART XXI - COUNTY OF SUFFOLK HON. JEFFREY ARLEN SPINNER Justice of the Supreme Court -------------------------------------------------------- In the Matter of an Article78 Proceeding, EUGENE L. DANERI, I Petitioner, 1 1 against - 1 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondent. 1 L --------------------------------------------------------J INDEX NO.: 2007-33656 MOTION SEQ NO. 003 - MG ORIG. MOTION DATE. 12/12/07 FINAL SUBMIT DATE. 10/13/10 UPON the following papers numbered I to 16 read on this Motion • Petition (Papers 1-2), • Respondent's Answer and Return (Papers 3-6), • Petitioner's Support (Papers 7-8); • Petitioner's Memorandum of Law (Papers 9-10); • Respondent's Memorandum of Law (Papers 11-12); • Intervenor's Memorandum of Law (Papers 13-14), • Petitioner's Reply Memorandum of Law (Papers 15-16); it is, ORDERED, that the application of Petitioner is hereby granted to the extent set forth herein below. Petitioner moves this Court for an Order, pursuant to Article 78 of the CPLR. granting the relief demanded in the Petition, that relief more specifically being an Order of this Court directing: I That the Decision of Respondent be found arbitrary, capricious and not in keeping with the evidence. 2. That the Decision of Respondent be annulled and set aside; 3 That the application of Petition before the Respondent be approved. Petitionerowns the parcel of property known as Section 123, Block 6, Lot 14, on the Suffolk County Tax Map, situated at 200 Terry Path in the hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York ("premises") The premises is approximately 623 feet deep and varies in width from 62 to 67 feet, with one 67 foot border fronting Peconic Bay The premises is currently improved, most notably with it 1,142 square foot single family residence situated 10 feet from the bulkhead, 27.3 feet from the easterly property line and 8.9 feet from the westerly property line. The surrounding lots are similar in width with varying depths. The majority of the homes in the immediate area are pre-existing, non -conforming two story dwellings with average single side yard setbacks of 14.23 feet. total side yard setbacks of 28.47 and bu!khead setbacks of 24 02 feet. In 2006 Petitioner began the application process to demolish all existing structures on the premises and construct a new 3,537 square foot two-story single family dwelling along with an accessory garage. In August 23, 2006 a Public Hearing was held before the Board of Trustees of the Town of Southold in which the Board unanimously agreed that Petitioners application should be approved, stating that it was consistent with the Town's Local Waterfront Revitalization Program ("LWRP"). On October 26, 2006, an application was submitted to the Town of Southold Building Department on behalf of Petitioner, which was denied on the grounds that the proposed construction was not in compliance with the minimum side yard setbacks of 15 feet minimum per side, 35 feet total, or the minimum bulkhead setback of 75 feet. It should be noted that the side yard setbacks required in the Zoning Code also require the lot to be a minimum of 150 feet wide, rendering the existing parcel and the surrounding parcels, non-conforming. On May 9, 2006, Respondent herein granted variances to the application of a neighbor (LONG) whose dwelling is eight houses to the west of Petitioner's premises, ZBA Decision #5841, of 10 foot individual side yard setbacks, 20 foot total side yard setback and 28.3 foot bulkhead setback, in addition to 21% lot coverage for their two-story 3,247 square foot home. On August 2, 2007 a Public Heating was held before Respondent to consider Petitioners requested variances. Following the Public Hearing, but prior to Respondent's determination, Petitioner amended his application to finalize his variance requests as an easterly single side yard setback of 12 feet, a westerly single side yard setback of 12 feet, a total side yard setback of 24 feet, and a bulkhead setback a 30 feet for the proposed two-story dwelling; in addition to a 10 foot single side yard setback for the accessory garage. Respondent denied Petitioner's requests for all variances for the two-story dwelling, while granting the variance for the accessory garage. It is well settled law in the State of New York that a Court may not substitute its own judgment for that of the reviewing board (see- Janiak v Planning Board of the Tows: of Greenville, 159 AD2d 574 [2 Dept), appeal denied, 76 NY2d 707 [1990], Mascony Transport and Ferry Service v Richmond, 71 AD2d 896 [2 Dept 19791, aff'd, 49 NY2d 969 [19801). Therefore, if the decision rendered by the reviewing board is within the scope of the authority delegated to it, the Court may not interfere and annul it, unless said decision is arbitrary, capricious or unlawful (.see. Castle Properties Co v Ackerson, 163 AD2d 785 [3 Dept 1990], Pecoraro v. Board of Appeals of Town of Hempstead, 814 NE2d 404 [2004]). It is, therefore, indisputable that the standard of review for determinations of Respondents, as the Town Zoning Board of Appeals, is whether the decision rendered is arbitrary, capricious and/or unlawful In determining whether to grant an application for an area variance, a zoning board must engage in a balancing test weighing the benefit to the applicant against the detriment to the health, safety, and welfare of the neighborhood or community The zoning board is also required to consider (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties if the area variance is granted, (2) whether the benefit sought by the applicant can be achieved by some method, feasible to the applicant, other than an area variance, (3) whether the requested area variance is substantial, (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district if the variance is granted, and (5) whether the alleged difficulty was self-created. (Schumacher vTown of East Hampton, New York Zoning Board of Appeals, 46 AD3d 691 [2 Dept 2007], internal omitted). citations Additionally, the law is well settled that the mere fact that one property owner is denied a variance while others similarly situated are granted variances does not, in itself, suffice to establish that the difference in result is due either to impermissible discrimination or to arbitrary action (Matter of Cowan v Kern, 41 NY2d 591). However, a decision of an administrative agency which neither adheres to its own precedent, nor indicates its reason for reaching a different result on essentially the same facts, is arbitrary and capricious (Pesek v Hitchcock, 549 NYS2d 164 [2 Dept 1989]). If the determination under review has no rational basis and tends to disregard the facts, it is arbitrary and capricious (See- Matter of Cowan v Kern, 41 NY2d 591, Matter of Pell v Board of Education, 34 NY2d 222). Here, although Petitioner's difficulty arguably was self-created, there was no evidence in the Return that the grant of the variances would have an undesirable effect on the character of the neighborhood, adversely impact physical and environmental conditions, or otherwise result in a detriment to the health, safety, and welfare of the neighborhood or community (see Gonzalez v Zoning Board of Appeals of Town of Putnam Valley, 771 NYS2d 142 [2 Dept 2004], Easy Home Program v Trotter, 714 NYS2d 509 [2 Dept 20001). Generally, when an applicant is seeking variances to conform to that which is prevalent in the neighborhood, absent other overriding considerations, a denial of relief is likely to be found arbitrary (see- Buckley v Amityville Village Clerk, 694 NYS2d 739 [2 Dept 19991, Cassano v 'Zoning Board of Appeals of the Village of Bayville, 693 NYS2d 621 [2 Dept 19991, Goldsmith v Bishop, 695 NYS2d 381 [2 Dept 19991; Baker v Brownlie, 670 NYS2d 216 (2 Dept 19981). Respondent argues perpetuating the non -conformity of the setbacks, instead of phasing them out over time, would result in an undesirable effect on the neighborhood and community When considering an application, the ZBA may not rely on merely conclusory statements as to the detrimental effects which would result from a grant of petitioner's application (see. T J R Enterprises Inc v Town Board of Town: of Southeast, 376 NYS2d 586 f2 Dept 1975], Salierno v Briggs, 141 AD2d 547 [2 Dept 19881) The Return contains no evidence to support the conclusion that perpetuating the non - conformities would result in an undesirable effect on the neighborhood in community Respondent contends that its determination will protect the community from being transformed from a cottage community into a large -home community The Return clearly indicates that the transformation from cottage to large -home community has already taken place, as 24 of the 29 homes in the surrounding waterfront neighborhood can be classified as large two-story homes, including LONG's, whose application was approved in 2006 Respondent further argues that perpetuating non -conformities over time is not the intended goal of the Town Zoning Codes, rather, that the code aims to phase out non -conformities over time. Simply stated, this argument ignores the balancing test required by law, and in effect merely restates the statutory requirements, in a circular argument, as a rationale for denying Petitioner's application without setting forth a factual basis to support their decision (see- Marrone v Bennett, 164 AD2d 887 [2 Dept 19901, Leibring v Planning Board, 144 AD2d 903, Matter of Greene v Johnson, 121 AD2d 632, Matter of Farrell v Board of Zoning & Appeals, 77 AD2d 875, Matter of Kadish v Simpson, 55 AD2d 911). The Return contains no evidence that the granting of the requested variances would result in an undesirable change in the character of the community Respondent contends that granting the requested variances would create a precedent for other landowners to overbuild their parcels. The Return indicates that this speculation is not based on any evidence. Presently, the community consists of non -conforming properties that are situated on non -conforming lots, according to Town Zoning. The average lot is narrower than 150 feet, the average single side yard setback is less than 15 feet, the average total side yard setback is less than 35 feet, and the average bulkhead setback is less than 75 feet. Petitioner's application would result in single side yard setbacks at 84% of the community average, total side yard setback at 85% of the community average, and bulkhead setback at 124% of the community average. Simply stated, there is no evidence in the record to suggest that the granted variances would produce an undesirable effect on the community. Similarly, in Schumacher v The Town of East Hampton, New York Zoning Board of Appeals, supra, the court found that new construction, that was in line the community standards would not produce an undesirable effect on the community, and as such, the ZBA's denial of the application for requested variances was arbitrary'and capricious (see- Buckley v Amityville Village Clerk,supra; Cassano v Zoning Board of Appeals of the Village of Bayville, supra; Goldsmith v Bishop, supra; Baker v Brownlie, supra). Respondent relies on a report from LWRP coordinator Mark Terry which found the proposed action to be inconsistent with the LWRP. Respondent's reliance on this report is misplaced, as Mark Terry had previously submitted a report on the same application prior to the Town Board Public Hearing. At said hearing, while taking Mark Terry's previously submitted report into consideration, the Town Board unanimously decided that Petitioner's application was NOT inconsistent with the LWRP Respondent's disregard of the Town Board's Resolution without any explanation is clearly arbitrary and not supported by the evidence in the Return. Respondent attempts to distinguish its granting of LONG's application for variances from Petitioner's by misrepresenting the material differences between LONG's property and Petitioner's. In its memorandum of law, Respondent misrepresents the size of LONG's constructed two story home by miscalculating the total square footage of the home to make it appear more modest compared to Petitioner's proposed plan Respondent contends that the variances were necessary because even when they were granted. LONG was only able to construct a 1,500 square foot home. In actuality. LONG constructed a 3,247 square foot home, approximately91°/o the size of Petitioner's proposed home. Further. Respondent contends that because LONG's property is only 23%n the sire of" Petitioner's, they had difficulty placing their home in a conforming location. This figure is misleading as LONG's property is only 23%n the size of Petitioner's because its depth is much shallower than Petitioner's. The most important measurement, the width of the property and thus the amount of waterfront property, is approximately the same. Respondent contends that Petitioner has more than enough space to construct a home within the zoning regulations due to the sheer size of his lot, however, Respondent ignores the impracticality of constructing a waterfront home hundreds of feet away from the waterfront, especially when the average setback from the bulkhead in the community is 24 feet. Simply stated, the useable property, in terms of home construction, consists of the space each landowner is afforded on the water; re, the width of their property. That portion of Petitioner's property that causes his lot to be larger than LONG's is that which is located between the dwelling and the roadway, ff Petitioner's dwelling were to be constructed in this area, it would be in all the neighbors' front yards, which would extensively and negatively impact the character of the neighborhood. Additionally, this rationale flies in the face of Respondent's justification for why Petitioner was denied his application for variances. Respondent contends that Petition's request for variances should be denied so that a precedence for overbuilding is not set, however, in attempting to distinguish Petition's application from LONG's, Respondent contends that LONG's variances needed to be granted because his lot was 23% the size of Petition's. if both houses are approximately the same size, with approximately the same variances, how can Respondent deny Petition's application for overbuilding while granting LONG's, whose lot is 23% the size of Petition's, as necessary to allow him to build an adequately sized home. In this regard, Respondent failed to adequately explain why LONG's variances were granted but Petitioner's were not, as such, Respondent's decision was arbitrary and capricious. Intervenor SMITH, an adjoining neighbor of Petitioner, also mischaracterizes LONG's lot and home size in a similar manner as Respondent. Additionally, Intervenor asserts that LONG's lot is approximately 25% narrower than Petitioners. Surveys indicate that Petitioner's lot is 67.18 feet wide and LONG's lot is 59.31 feet wide. The Court's math indicates that LONG's lot is 11 7% narrower than Petitioners. Intervenor suggests that in regard to the Petitioner's requested side yard variances, it is more appropriate to compare Petitioner's application for requested variance to his westerly neighbor, TOPPER, ZBA #6248 Respondent made a determination on TOPPER's application in March of 2009, a year and a half after it returned a determination on Petitioner's application As such, it is inappropriate to consider the TOPPER determination when discussing whether Respondent acted arbitrarily and capriciously in reaching its determination in the present proceeding. Because the hencfit to the applicant is great, because the Return is devoid of any evidence of detriment to the health, safety, and welfare of the neighborhood or community, and because Respondent failed to adequately explain why it denied Petitioner's request while having granted a similar request in the near past; the Court concludes that Respondent acted arbitrarily, capriciously and not in keeping with the evidence, in failing to grant the requested variances. For all the reasons stated herein above and in the totality of the papers submitted herein, it is, therefore. ORDERED, that the above referenced application of Petitioner is hereby granted to the extent that the decision of Respondent is hereby found to be arbitrary, capricious and not in keeping with the evidence, and the matter is hereby remanded to Respondent for proper review and determination in compliance with the Laws of the State of New York, as set forth herein above, and it is further ORDERED, that Pail 21 hereby retains jurisdiction over this proceeding, for all purposes; and it is further ORDERED, that Counsel for Petitioner is hereby directed to serve a copy of this Order, with Notice` 1 of Entry, upon Counsel for all remaining parties, the Calendar Clerk of this Court and the Suffolk County Clerk within 20 days of entry of this Order by the Suffolk County Clerk Dated: Riverhead, New York October 13, 2010 H JE FREY ARL N WfiNER, JSC ✓ FINAL DISPOSITION _ _ i NON-FINAI. DISPOSITION ✓ SCAN j ---- '--- DO NOT SCAN ---' TO Eugene L Daneri PO Box 917 Mattituck, New York 11952 Wickham Bressler Gordon & Geasa PC 13015 Main Road, PO Box 1424 Mattituck, New York 11952 Smith Finklestein Lundberg Isler & Yakaboski LLP 456 Griffing Avenue, PO Box 389 Riverhead, New York 11901 Matter of Daneri v Zoning l3d. of Appeals of the Town of Southold, 98 A.D.3d 508 (2012) 2012 N.Y. Slip Op. 98 A.D.3d 508, 949 N.Y.S.2d 180, 2012 N.Y. Slip Op. 05820 **1 In the Matter of Eugene L. Daneri, Respondent v Zoning Board of Appeals of the Town of Southold, Appellant, and Thornton Smith, Respondent. Supreme Court, Appellate Division, Second Department, New York 2010-10940,33656/07 August 1, 2012 CITE TITLE AS: Matter of Daneri v Zoning Bd. of Appeals of the Town of Southold *509 HEADNOTE Municipal Corporations Zoning Variance Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead, N.Y. (Phil Siegel of counsel), for appellant. Eugene L. Darien, Mattituck, N.Y., petitioner -respondent pro se. Wickham Bressler Gordon & Geasa, P.C., Mattituck, N.Y. (Eric J. Bressler of counsel), for respondent -respondent. In a proceeding pursuant to CPLR article 78 to review so much of a determination of the Zoning Board of Appeals of the Town of Southold dated October 1, 2007, as, after a hearing, denied those branches of the petitioner's application which were for certain side yard and bulkhead setback variances, the Zoning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme Court, Suffolk County (Spinner, J.), dated October 13, 2010, which granted the petition, annulled so much of the determination as denied those branches of the petitioner's application which were for certain side yard and bulkhead setback variances, and remitted the matter to the Zoning Board of Appeals of the Town of Southold to grant those variances. Ordered that the judgment is affirmed, without costs or disbursements. "Local zoning boards have broad discretion in considering applications for variances, and judicial review is limited to determining whether the action taken by the board was illegal, arbitrary, or an abuse of discretion" (Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 AD3d 949, 949 [2010]; see Matter of Ifrah v Utschig, 98 NY2d 304, 308 [2002]; Matter of Halperin v City of New Rochelle, 24 AD3d 768, 771 [2005]). "Thus, the determination of a zoning board should be sustained upon judicial review if it is not illegal, has a rational basis, and is not arbitrary and capricious" (Matter of Matejko v Board of Zoning Appeals of Town of Brookhaven, 77 AD3d at 949; see Matter of'Sasso v Osgood, 86 NY2d 374, 384 [1995]; Matter of Monroe Beach, Inc. v Zoning Bd. of Appeals of City of Long Beach, N. Y., 71 AD3d 1 l 50 [2010]). WESTLAW @ 2018 Thomson Neuters. No claim to original U S. Government Works. Matter Daneri Zoning Bd. Appeals of v of of the Town of Southold, 98 A.D.3d 508 (2012) 949 N.Y.S.2d 180, 2012 N.Y. Slip Op. 05820 In determining whether to grant an otherwise result in a detriment to the health, application for an area variance, a zoning safety, and welfare of the neighborhood board is required to engage in a balancing or community (see Town Law § 267 - test, weighing the benefit to the applicant b [3] [b]). The record revealed that the against the detriment to the health, safety, community average for side yard setbacks and welfare of the neighborhood or was nonconforming (see Matter of Gonzalez community if the variance is granted (see v Zoning Bd. of Appeals of Town of Putnam Town Law § 267-b [3] [b]; see also Matter Val., 3 AD3d 496, 497 [2004]), and that the of' Pecoraro v Board of Appeals of Town Zoning Board of Appeals of the Town of of Hempstead, 2 NY3d 608, 612 [20041). Southold (hereinafter the ZBA) had recently In making its determination, the zoning approved a substantially similar application board must consider: "(1) whether an (see Matter of Lucas v Board of Appeals undesirable change will be produced in of Vil. of Mamaroneck, 57 AD3d 784, 785 the character of the neighborhood or a [2008]; Matter of Mobil Oil Corp. v Village detriment to nearby **2 properties will of Mamaroneck Bd. of Appeals, 293 AD2d be created by the granting of the area 679, 681 [2002]). Furthermore, not only were variance; (2) whether the benefit sought all of the surrounding lots nonconforming by the applicant can be achieved by some in terms of the applicable requirements for method, feasible for the applicant to pursue, bulkhead setbacks, but, -by constructing a other than an area variance; (3) whether new home, the petitioner would actually the requested area variance is substantial; increase the distance between the bulkhead (4) whether the proposed variance will have and his residence (see Matter of Schumacher an adverse effect or impact on the *510 v Toivn of E Hampton, N. Y. Zoning Bd. of physical or environmental conditions in the Appeals, 46 AD3d 691 [2007]). Accordingly, neighborhood or district; and (5) whether the Supreme Court properly annulled so the alleged difficulty was self-created, which much of the determination of the ZBA as consideration shall be relevant to the denied those branches of the petitioner's decision of the board pf appeals, but shall application which were for side yard and not necessarily preclude the granting of the bulkhead setback variances (see Matter of area variance" (Town Law § 267-b [3] [b]). Campbell v Town of Mount Pleasant Zoning Bd. of Appeals, 84 AD3d 1230 [2011]; Matter Here, as the Supreme Court observed, of Cassano v Zoning Bd. of Appeals of Inc. although the petitioner's difficulty arguably Vil. of Bayville, 263 AD2d 506, 507 [1999]). was self-created, there was no evidence Skelos, J.P., Dickerson, Belen and Miller, that the grant of the requested side yard JJ., concur. and bulkhead setback variances would have an undesirable effect on the character of the neighborhood, adversely impact on Copr. (C) 2018, Secretary of State, State of physical and environmental conditions, or New York WEST AW '@ 2018 Thomson Reuters. No claim to original U.S Government Works. 2 Matter of Daneri v Zoning Bd. of Appeals of the Town of Southold, 98 A.D.3d 508 (2012) t i 949 N.Y.S.2d 180, 2012 N.Y. Slip Op. 05820 End of Document © 2018 Thomson Reuters. No claim to original U S. Government Works. WESTt.AW `a 2018 Thornson Reuters No claim to original U.S. Government. Works. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehringer Nicholas Planamento http://southoldtownny.gov Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 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, MARCH 1, 2018. 11:30 A.M. - KEVIN WHITROCK #7143 — Request for Variances from Article III, Section 280-15B and 280-15F, Article XXIII, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required minimum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-20. 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: February 15, 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 &�S; � { 1 ()002173680 I jj�i,,11��cc STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) . Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy; has been regularly published in said Newspaper once each week for 1 weeks(s), successfully commencing on 02/22/2018 . Sworn to before me this s day of Principal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC -STATE Of NEW YORK No 01V06105050 QuQliflad In Suffolk County My COMM11110M 111000 N9(imy 2812020 • 1 TYPESET Tue Feb 13 13.57 16 EST 2018 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 1, 2018 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 1, 2018. 9:30 A.M. - SEVEN CATS INVESTMENT, LLC #7136 - Request for Variances from Article XXIH, Section 280-124 and the Building Inspector's November 8, 2017, Notice of Disapproval based on an applica- tion for a building permit to legalize an "as -built" deck addition attached to a pre- existing single family dwelling; at; 1) less than the code required minimum front yard setback of 35feet;'2) less than the code required minimum side yard setback of 10 feet; located at: 145 Dickerson Street, Peconic, NY. SCTM#1000'67-3-11. 9:45 A.M. - SV GREENPORT LLC, (SOUNDVIEW) #7137 - Request for a Variance from Article XIX, Section 280-85 J (4) and the Building Inspector's October 3, 2017, Notice of Disapproval based on an application for a building permit to install a wall sign; at; 1) more than the code re- quired maximum number of wall signs al- lowed on subject premises; located at: 58775 County Route 48, (Adj. to Long Is- land Sound) Greenport, NY. SCTM#1000 44-2-20. 10:00 A.M. - STEPHANIE L, TEICHER #7138 -Request for Variances from Article XXH, Section 280-116 A(1); Article XXIII, Section 280-124; and the Building Inspec- tor's November 15, 2017, amended Novem- ber 20, 2017 Notice of Disapproval based on an application for a building permit to legalize "as -built" additions to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff, 2) less than the code re- quired minimum rear yard setback of 50 feet; located at: 6825 Nassau Point Road, (Adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000 111.45-8.2. 10:15 A.M. - 1505 BIRDSEYE ROAD, LLC, 7140 - Request for Variances from Article IV, Section 280-18; Article XXH, Section 280-105; Article XXII, Section 280-116; and the Building Inspector's No- vember 17 2017, Amended November 22, 2017 Notice of Disapproval based on an application for a building permit to con- struct a new single family dwelling and to erect deer fence at a height of 8 feet at; 1) proposed single family dwelling located less than the code required minimum front yard setback of 50 feet; 2) proposed dwelling located less than the code re- quired 100 feet from the top of the bluff; 3) proposed deer fence more than the code required maximum four (4) feet in height when located in the front yard, located at: 1505 Birdseye Road, (Adj. to the Long Is- land Sound) Orient, NY. SCTM#1000 17-1-4. 10:30 A.M. - MONAY BELL AND JAMES BRENNAN (BRYAN NICHOL- SON, AS CONTRACT VENDEE) #7139 - Requesl for a Waiver of Merger petition under Article II, Section 280-10A, to on - merge land identified as SCTM No. 1000-48-2-23 which has merged with SCTM No. 100048-2-22.1 based on the Building Inspector's October 4, 2017 No- tice of Disapproval, which states that a non -conforming lot shall merge with an adjacent conforming or non -conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non -conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. it. in the R40 Residential Zon- ing District); located, at 360 Flint Street, Greenport, NY. SCTM Nos.100048-2-22.1 and 100048-2-23. 11:00 A.M. - JOANNA DIXON REIS- MAN #7141- Request for a Variance from Article XXIH, Section 280-124 and the Building Inspector's November 22, 2017, Notice of Disapproval based on an applica- tion for a building permit to construct ad- ditions and alterations to an existing single family dwelling; at; 1) less than the code required minimum front yard setback of 40 feet; located at: 2360 North Sea Drive, Southold NY. SCTM#1000 54-5-1. 11:15 A.M. - JOSEPH RICHBURG #7142 - Request for a Variance from Arti- cle XXIII, Section 280-124 and the Building Inspector's November 1, 2017, Notice of Disapproval based on an appfica- tion for a building permit to construct a deck addition to an existing single family dwelling; at; 1) less than the code required minimum side yard setback of 10 feet; lo- cated at: 675 Sunset Lane, Greenport, NY. SCTM#1000 33-4-55. 11:30 A.M. - KEVIN WHITROCK #7143 - Request for Variances from Article HI, Section 280-15B and 280-15F, Article XXIH, Section 280-124; and the Building Inspector's September 6, 2017, Amended October 31, 2017 Notice of Disapproval based on an application for a building per- mit to demolish an existing single family dwelling, construct a new single family dwelling and a new accessory garage; at; 1) proposed dwelling located less than the code required minimum rear yard setback of 50 feet; 2) proposed dwelling located less than the code required minimum side yard setback of 15 feet; 3) proposed dwelling located less than the code required mini- mum total side yard setback of 20 feet; 4) proposed accessory garage located less than the code required minimum (2) side yard setback(s) of 15 feet; at: 580 Terry Path, Mattituck, (Adj. to Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6- 20. 1:00 P.M. - ELIZABETH BRANCH AND DAVID BRANCH #7144 - Request for a Variance from Article XXIH, Section 280-123A and the Building Inspector's Oc- tober 25, 2017, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing accessory guest cottage; at; 1) the accessory guest cottage is not a permitted accessory use, at: 5160 Indian Neck Lane (Adj. to Hog Neck Bay, Little Peconic Bay), Peconic, NY. SCTM#1000-98-4-23. 1:15 P.M. - LEJON ENTERPRISES INC, L. HOEFFNER, CONTRACT VENDEE #7145 - Request for a Waiver of Merger petition under Article II, Section 280-10A, to unmerge land identified as SCTM No. 1000-139-3-49, which has merged with SCTM No. 1000-139-3-50, based on the Building Inspector's Novem- ber 28, 2017 Notice of Disapproval, which states that a non -conforming lot shall merge with an adjacent conforming or non -conforming lot held in common own- ership with the first lot at any time after July 1, 1983 and that non -conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq. ft. in the R40 Resi- dential Zoning District); located, at 6125 County Route 48, Mattituck, NY. SCTM Nos.1000-139-349 and 1000-139-3-50. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit writ- ten 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. (63 1 ) 765-1809 or by email KimF@ southoldtownny.gov Dated: February 15 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY- Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) PO Box 1179 Southold, NY 11971-0959 2173680 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK J-- -714,3 (A 171D �c AFFIDAVIT OF In the Matter of the Application of MAILINGS 1 (Name of Applicants) SCTM Parcel # 1000 - COUNTY OF SUFFOLK STATE OF NEW YORK I, k • AW40 6"Ya 4V—r residing at New York, being duly sworn, deposes and says that: On the A day of +4L16ti'-a0 vs , 201 R I personally mailed at the United States Post Office in .New York, by CERTIFIED MAIL, RETURN RECEIPT REQ EST D, a true copy of the attached Legal Notice. in Prepaid envelopes addressed to current property owners �s own on the current assessment roll verified from the official records on file with the A�J 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, surro the a plic is property. (Signature) Sworn to before me this .5 day of , 20 8 Matthew D Ivans Notary P h!ir of New York No 0'i\1601-"3859 (Notary Public) Oualifier i;; 4ffo!F. County a commission Eapi,es January 22, 20 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. t, ) 1 d U.S. Postal Service" TM • • CERTIFIED 1 D v Domestic Only,mail , AiLO CEIPT Pq i Domestic Mail Only ►T MATTi T i PVC A L � + � N •rte - - - u7 Certified Mail Fee r%7 m MA tf, }jT(iPj J� A () n .0 $ $3.45 ES POS I tr) Certified Mail Fee 1( ,� l��f (� r%- Exna $3.4: i T,9<2serv(ces &Fubo ®cur• p$ SO`q c�f�0 2❑ m>wcow $ r%- Extra Seryces& Fees (areaeac add 11" ❑ Return Receipt (electronlo) $ 'A ❑ Return Recd ❑ Certified Mail Restricted Delivery $ P H� O ❑ Return Receipt (electron S P0.4 l 3 []Adult Slpnatrae Required $ (7 C3 ❑ CoMed Mels Restricted Delivery, $ .Here °Adult"&"° ROsSl °d"°" $ EB 0 5 2018 o ❑Adult Sipnehse Required $ O Postage ❑ Adult Sipnmme Restricted Delivery $ - - - n � CO $0.50 Tata) Postago and Fees COPostage $0.50 B 0 5 2018 ,. "': 02/05/tit ti = $ $ $6.7rJ m "� '� Total Postage and Fees G2/05/20 8 r_ 0'P� �'`� ' ru $6.70 m �N = - --- f` Se To C3 s rand "r. Aro: o�pa trro: -�-`� �`=---- �t M1 �usa11t KOv r\No -- ------ �t 46, :C-'�Q ; _ - _ _ - =' - - C ` Sv ijdd . iv6.: or fila q =---- r Po n _ R� x / f'O A11111111 Domestic Mail C For deliveryinform M VAW D v U It Ln Certified Mail Fee $3.45, .n $ Extra Se ces & Fees (areekNot ecr [I Return Receipt Qmrdaopy) $ O [I Return Receipt Owbonk:) $ O O [3Certified Mall Restricted Delivery $ r3 ❑Adult SiWietrae Required S jLn ❑ Adult Slpnatree Restricted Delivery $ C3 Postage $0.50 m r_it Total Postage and W6.70 ib Postmark n $ (1__Sent To FEB 018 "' N4 ltct T-2 - 031, -7 1A ■ 'Complete items 1, 2, and 3. ■ Print your name and_ address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, ', or on the front if space permits. 1. Article Addressed to: 1 aqA qty oWkt 1 .y 9590 9402 2521 6306 7753 83 L 7017. 2680. 0000 7653.7199 A. Signature X -Agent ❑ Addressee B. Received by (P,rinSec_&ame) C. at of D livery C -,ozL �t/, (JLD// D. Is delivery address different from item._ es If YES, enter delivery address below: ❑• No' 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ruIt Signature Restricted Delivery ❑ Registered Mail %sMcted Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 13 Signature Confirmation- -sured Mail ❑ Signature Confirmation sured Mal Restricted Delivery Restricted Delivery 'ver $500) Domestic Return Receipt ,; '. stal Service T11jur) CERTIFIED o RECEIPT Domestic Mail • nly M MAT&P PI 1 51 A jLn $ rtmed Mail Fee $ 3.4 5 0 Services& —(pkv tiaddree ❑ Rehsrt Recd OO O❑ ❑ Rehan Racalpt (electronic) $ ) Certified Mall Restricted Delivery $ Postmark n C3 ❑ Adult Slipudure Required $EB 0 5 H7018 m ❑ Adun Slgnatrae Restda«t DelArery $ O Postage $ $O.SO ry Total Postage and Fees 02/x5/ 8 �rr $ C3 C3 Sent "N Sr ljL Lasmo. it tend I No., d. -ir`vox3Ct� orpuya— io.-'-------------------- -- - -------------- r;r; g ----------------=-------=- ■ 'Complete items 1, 2, and 3. ■ Print your name and_ address on the reverse so that we can return the card to you. IN Attach this card to the back of the mailpiece, ', or on the front if space permits. 1. Article Addressed to: 1 aqA qty oWkt 1 .y 9590 9402 2521 6306 7753 83 L 7017. 2680. 0000 7653.7199 A. Signature X -Agent ❑ Addressee B. Received by (P,rinSec_&ame) C. at of D livery C -,ozL �t/, (JLD// D. Is delivery address different from item._ es If YES, enter delivery address below: ❑• No' 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered MaiITM ruIt Signature Restricted Delivery ❑ Registered Mail %sMcted Certified Mail® Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 13 Signature Confirmation- -sured Mail ❑ Signature Confirmation sured Mal Restricted Delivery Restricted Delivery 'ver $500) Domestic Return Receipt ,; ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, I or on the front if space permits. 1. Article Addressed to: 1` Suite �1��5l {E t„ �(0 -a4y- 66 M P46--H-t tucl N1( A. Signature X � ❑ Agent ❑ Addressee , X. 1`�by (Printed Named I C. Date of Delivery ld2rs D. Is delivery a different from item 1? ❑ Yes dbFp If YES, enter address below: ❑ No J xi crity Mal Express® I Ex c' Ne, I IIIIII L�SCertified Mail® f Dellvery ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise ❑ Signature ConfirmationTm I ''--•-sd Mail ?d Mail Restricted Dellvery ❑Signature Confirmation Restricted Delivery ; .$500) xi crity Mal Express® I Ex ❑ Adult Signature £Z II I IIIIII L�SCertified Mail® f Dellvery ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise ❑ Signature ConfirmationTm I ''--•-sd Mail ?d Mail Restricted Dellvery ❑Signature Confirmation Restricted Delivery ; .$500) 6,9< 3. eRest��ed Domestic Return Receipt s IIII 1111111111111111111111I I I I IIII III c�dul"s o gn tureicd Delivery Partified ❑ ReggisPriorired Mail R`� ted' 9590 9402 2521 6306 7754 06 Mall® Delivery I ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise I 2. Article Number (Transfer from service /abeQ ❑ Collect on Delivery Restricted Delivery Mail Cl Signature ConfirmationTM ❑ SI -nature Confirmation 7Q17 '2680: _0000:7653 1716 PS Form 3811, July 2015 PSN 7530-02-000-9053 H Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: SUS4tA '1 �0rv"Is f 1 O 3�x (o CO \ / IIII IIII IIII IIIIIIIIIIIIII III IIIIIIIII IIII I I 9590 9402 2521 6306 7753 76 1 1 8 I id Mail Ristricted Delivery Restricted Delivery $500) Domestic Return Receipt A. Signature !� + ❑ Agent X 11 B. Received b g1 ile��V;V% C. Date of Delivery D. Is deh'ygry address different from ite ❑ Yes If Yg^renter delivery address be w ❑ No ;7 N rte- S6 fir � � oNo CA 3. Service �(1+ 8 ri ed D II crity Mal Express® I Ex ❑ Adult Signature £Z Regitered ❑//a�dult Signature Res ❑ R glstered Mail Restricted L�SCertified Mail® f Dellvery ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for ❑ Collect on Delivery Merchandise ❑ Signature ConfirmationTm I 2. Article Number (Transfer from service label) I ❑ Collect on Delivery Rest ct a very sured Mail ❑Signature Confirmation 7 017 2 6:8 4 0 0 0 0 76 5 3; 71,8 2 tsured Mail Restricted Delivery Restricted Delivery ver $500) PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return,Receipt t ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. _ ■ Attach this card to the back of the mailpiece; or on the front if space permits. 1. Articib Addressed to: Pic) 3Dx 119 J � i IIISIILI Roil u111uunu. ni M.u■■.■.,..... A. Sign A ❑ Agent ❑ Addre ed b Prioted Name)l I C. Date bf D �C D. Is delivery address different from item 1? 13 Yes If YES, enter delivery address below: ❑ No II I'I�I'I I'll I'I I II ll III I I I I I'�IIIII'lII I I III 3. Service Type ❑ Adult Signature ❑ Priority Mail Express® ❑ Registered Mawm ' 9590 9402 2521 6306 7753 90 �t Slgnature Restricted Delivery Certified Mail® ❑ Registered Mail Restricted Deliv ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for 2. Article. Number (Transfer from service lat ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfrmtionTM ! • • '26-8014. ::?'01?: ;.T017 j 2 6 $ 0 i 0.0 0;0 i7 6 5 3 7;1! 5 ''--•-sd Mail ?d Mail Restricted Dellvery ❑Signature Confirmation Restricted Delivery ; .$500) J PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt s TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- I2; — G Zo COUNTY OF SUFFOLK) STATE OF NEW YORK) I, 7&&" ),. L12 MSO y residing at lay d< AFFIDAVIT AFFIDAVIT OF POSTING SUFFOLK ENVIRONMENTAL CONSULTING, INC: A0. BOX 2003 BRIDGEHAMPTON, NY 11932-2003 New York, being duly sworn, depose and say that: On the X day ofT # -n , 201%, I personally placed the Town's Official Poster, with the date of hearirTg and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) — facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 3—I — Z o 18 Sworn to befo me this /Sr Day of WLA` , 2018 (Notary Public) 0q. A - kl,-� (Signature) Matthew D Ivans Notary Public of New York No 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20 If * near the entrance or driveway entrance of my property, as the area most visible to passerby. i4U'T1tS0E UF HEARIi4G, ie following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME IkIAP # VARIANCE REQUEST 1: ATE: WHITROCK KEVIN 1 000-1 23.-6-20 YARD SETBACKS #7143 DEMO EXISTING DWELLING 8 CONSTRUCT NEW DWELLING & ACCY. GARAGE THURS,MARCH 1,2018 11:30AM 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. BONING BOARD -TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS " MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http.//southtown.northfork.net February 5, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, March 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 February 12th: 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 February 20th: 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 February 21St: 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 February 27, 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehnnger Nicholas Planamento http: .gov i� ,VJ Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location. Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 November 29, 2017 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #7143 — Whitrock, Kevin Dear Mr. Terry: NUV 2.9 20i7 Southold Town Planning Board We have received an application for demolition of an existing single family dwelling and construction of a new dwelling and accessory garage in Mattituck. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is 'requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson ✓ Encls. C BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehringer Nicholas Planamento SO�Tyo� O ® s http://southoldtownny.gov Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 November 29, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7143 Owner/Applicant: Whitrock, Kevin Action Requested: Demolish existing dwelling and construct new dwelling and accessory garage — setbacks Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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 = 04 N A 134 OW -2 1 .0 Encls. _ SEE SEC. NO. 115 SEE SEC. NO. tt5 A N tet .cow MATCH7_----ZZ--------_ZZ—__—uNE—� MATCH FOR FCL. NO. SEE SEC. NO. m 115.03004 ,1 , , 8 ,�•, ,� , w n Y ' UN FOR PCL NO. SEE SEC. NO. / 1224)5004 2.1 5 tP 30.OA O 5 cl � z.z 15.9A t =I C f �I d 23,2 a 1.2A(c) rl 11 4.5 4.9 m 47 d 5.7 wl U,. 5.6 q Bp1S 8.3 7.4 4.13 e cl ^l s �TNaI as 1.0A v d 1 2 25 a►T'� t 1 1 1 1 , d 3 »• 52 1 9.111 �tt1.1 4 3.4A a g �' PpRK 6.3 t 1 t 4 S2AGi + ° l� � O6 d t � ' 9 •� � ; d 71dc ,TN•O ttt glcl �ttt a 6 v ,,., 12-10 • y,`tprcl , O t ,5K t � .• ZZT ptt. µo d � 9 7� � `tt „ `t 6 1 30 N d a � ,2 • e �,�•46 y s � O16 13 ,2.5 2,., N Y µ++ G t PEGo (�' gA Aa3,-�-i9 /a 3. -�o- a,7 -a 3 N 777 sw Q E S L A.r.n�iwvu. t.raeu�a "" lou ur ������ sur oi..a u. --m.-- �"b�Obb1Y� �-w-� Ww�OIIpeY[.tlnOO11K5 E a..o.... o... —ZZ— (21) e.s w. O •.. vr,.ti --•-- M.. o.Y u. --"-- loom tNE rcucrwo attwrn: E �• .... v. — —"— — N..rr o`.:+u. — —'cT— — nm 30 n.oiurrr N me 71 lmac D 12.l wtal>121A 12.1 A(q--'-- BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehringer Nicholas Planamento March 20, 2018 http://southoldtownny.gov Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA Appeal No. 7143 Whitrock, 580 Terry Path, Mattituck SCTM No. 1000-54-5-1 Dear Mr. Anderson; Transmitted for your records is a copy of the Board's March 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. r ly, Kim E. Fuentes Board Assistant Encl. cc: Building Department STATE'OF: NEW YORK CODES: NYS 2016 UNIFORM CODE SUPPLEMENT (2016 UCS) 2014 NATIONAL ELECTRICAL CODE ENERGY CONSERVATION CONSTRUCTION CODE OF NYS - 2016 EDITION DRAWING INDEX PAGE I DESCRIPTION 1 COVER SHEET 2.1-2.4 ELEVATIONS 3.1 FIRST STORY FLOOR PLAN 3.2 SECOND STORY FLOOR PLAN 3.3 FIRST STORY BRACED WALL PLAN 3.4 SECOND STORY BRACED WALL PLAN 4.1 FIRST STORY ELECTRICAL 4.2 SECOND STORY ELECTRICAL 5 FOUNDATION 6 CROSS SECTION(s) 7 RAFTER(s) 8 CONNECTION 9 DOOR AND WINDOW SCHEDULES LIVE RESCHECK 20 RAFTER / BEAM CALCS N SITE ADDRESS: 540 TERRY PATH MATTITUCK, NY 11952 - SITE ELEVATION: 14 FT. ABOVE SEA LEVEL +2.1 PSF FOR EVERY 100' ABOVE 1,000 FT 20 SNOW LOAD PER MAP 20 ADJUSTED SNOW LOAD BUILDING INFORMATION: CONSTRUCTION TYPE: VB USE GROUP: SINGLE FAMILY DWELLING DESIGN CRITERIA: WIND SPEED (MPH): 140 VU LT WIND EXPOSURE: B WIND—BORNE DEBRIS: N SNOW LOAD: 20 PSF SEISMIC CATEGORY: C FLOOR LOAD (SLEEPING AREAS): 30 PSF FLOOR LOAD ALL OTHER AREAS: 40 PSF FLOOR DEAD LOAD: 10 PSF RAFTER LIVE LOAD: 20 PSF RAFTER DEAD LOAD: 10 PSF CEILING LIVE LOAD: 20 PSF CEILING DEAD LOAD: 10 PSF BUILDINGS IN HIGH WIND AREAS THAT ARE SUSCEPTIBLE TO WIND BORNE DEBRIS SHALL COMPLY WITH SECTION R301.2.1.2 ON-SITE BY BUILDER BUILDER RESPONSIBLE TO COMPLY WITH NYCRR PART 1265.1 AND NOTIFY CODE ENFORCEMENT OFFICIAL OF THE USE OF ENGINEERED LUMBER / TRUSSES AND POST APPROPRIATE SIGNAGE ON STRUCTURE THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF ROFESSIONAL FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. PEXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY 72 EAST MARKET STREET bUILDING 72 E. MARKET ST. MIDDLEBURG, PA. 17842 B S+ PHONE: (570) 837-1424 SYSTEMS, INC. FAX: (570) 837-6133 PLANT #11 PLANT#2 TWO STORY MODEL TO THE BEST OF MY KNOWLEDGE, BELIEF, AND PROFESSIONAL JUDGEMENT, THESE PLANS (AND SPECIFICATIONS) ARE IN COMPLIANCE WITH THE E.C.C.C.N.Y.S, 2016 EDITION. COMPLIANCE IS DETERIMINED BY THE USE OF RESCHECK, COMPUTER SOFTWARE DEVELOPED BY DOE, AND CONFORMANCE TO THE GENERAL PROVISIONS OF CHAPTER 5, CE OR CHAPTER 5 RE OF THE ENERGY CONSERVATION CODE. INDIVIDUAL (DISCRETE) MODEL PLANS DERIVED FROM THE SYSTEM AND SUBMITTED TO THE LOCAL CODE ENFORCEMENT OFFICIAL IN THE CONNECTION WITH BUILDING PERMIT APPLICATION SHALL BE ACCOMPLISHED BY A RESCHECK REPORT. LABEL LOCATION 'S: DATA PLATE PER DWELLING AS INDICATED ON PLANS THIRD PARTY EACH MODULE AS INDICATED ON PLANS STATE LABELS EACH UNIT AS INDICATED ON PLANS THESE DRAWINGS ARE PROPERTY OF PROFESSIONAL BUILDING SYSTEMS, INC. AND SHALL: NOT BE REPRODUCED AND OR COPIED WITHOUT AUTHORIZATION. PBSI WILL BE CONSIDERED AS SUB—CONTRACTOR IN ALL BUILDING PROJECTS, SUPPLYING A BUILDING COMPONENT TO A GENERAL CONTRACTOR OR BUILDER. ALL NOTES WITH REFERENCE TO "IN—FIELD", "ON—SITE" OR "BY BUILDER" ARE PERTAINING TO THE RESPONSIBILITIES OF THE GENERAL CONTRACTOR. THE DRAWINGS IN THIS SUBSET SHOULD NOT BE SCALED FOR DIMENSIONAL REFERENCE. ALL DIMENSION LINES AND NOTES SUPERCEDE ANY SUCH REFERENCE. DISCRETE MODELS (PLANS HAVING THE SAME SPECIFIC ROOM ARRANGEMENT OR ARCHITECTURAL STYLE) SHALL BE PREPARED FROM THESE DRAWINGS WITHOUT MODIFICATION, ADDITION OR DELETION IN ANY MANNER. 1. IT IS MANDATORY FOR THE BUILDER TO COMPLETE THIS HOME IN COMPLIANCE WITH THE 2016 NYS UNIFORM CODE SUPPLEMENT REQUIREMENTS; ADDITIONAL SITE WORK MAY BE: c. FLOOR INSULATION — CRAWL SPACE b. FOUNDATION WALL INSULATION — BASEMENT c. PERIMETER INSULATION — SLABS d. INSULATION — PIPING EXPOSED TO UNCONDITIONAL SPACES THE A90VE MUST BE ACCOMPLISHED WITHIN STATE CODE REQUIREMENTS 2. BUILDER RESPONSIBLE TO FILE THE REQUIRED CERTIFICATION FORMS WITH THE LOCAL ELECTRIC UTILITY PRIOR TO OBTAINING PERMANENT ELECTRIC SERVICE 3. PBSI TO USE INTERNATIONAL ENERGY COMPLIANCE CODE. SEE SUBMISSION SET FOR EXAMPLE. EACH INDIVIDUAL MODEL TO REQUIRE A RESCHECK TO MEET THE I.R.C. REQUIREMENTS I *ALL MECHANICAL HEATING SYSTEMS TO BE DONE ON—SITE BY OTHERS *FLOOR PLAN MAY BE FLIPPED AND OR MIRRORED STATE STAMP P.E. SEAL rirrvl�f pF NC PFS STAMP /< rr Lu GREGO 9/26/2017 10:38:19 AM uj � �M O _ "' N,-� I— WQ0'0� / n Yd r+� ll / � pD 00 o N am W p O X LTJ x LJ 0 � z W Z O z 55cr) C L Z Lu J ~ W O co amcng 00 Q N a N am ME m cn z 3:= m < V)cn�U 0 o8mol w CD Q m 00 0 LL_ z u `f' Q0 zr oQ0 _ z 00 Z QC � C) w QD CL> Q =o J o I - w F- I— O d- Q o CD w w0 V) � co Cfl 00 M U Z o O � uj � �M O _ "' N,-� I— WQ0'0� / n Yd r+� ll / � pD 00 o N am W p O X LTJ x LJ 0 � z W Z O z 55cr) C L Z Lu J ~ W O co amcng 00 Q N a N am ME m cn z 3:= m < V)cn�U 0 o8mol w CD Q m U Q O *CHILD SAFETY LATCHES REQUIRED ON XX52 WINDOWS* J � N O � O LL O LL_ N u U1 16'-4 1/2" L Z r o Q0 *T1EMPERED* — z 00 HDR: 3-2x6 32'-4" 7 w CO SPF #2 1 46'-0" Z J 3" RADON VENT DATA PLATE, STATE LABEL 240210 HDR: 3-2x6 Q o AND PFS LABEL LOCATION SPF #2 28566 +� 5 8 TYPE X GYP Q BD24 \ / o 9'-11 1/2" w4530 O W363 �9 \ 5'-9" / J = o ?Aa 10'-5 3/4" z B21 S 6 DWS 6 r U Q 3" DRAIN & N 0 1-4D is 'ROUGH PLUMB'NG I > ELEC 2-3/4" SUPP. •• �6 m: W/STD FAUCET FOR PANEL-7Hf— w �j FROM 2nd STORY F-1 1/2" 11'-10 1/2" p 3� n O ON-S��tiUER x ?� 0 0 O O � R - _ N m / ` a • a n W o DINING ROOM N lii\- n / / 1 ti ///� ~ N ~'00 r o CO © KITCHEN Iii _; 3 / 1 // p�\ � Q0 FWG6068 Room Sq Ft: 128.63 III - L — — J m w w 00 Light Req: 10.29 2 -1 1 2 1 _ N Light Provided: 23.78-=- --J 6" ~ v O M Vent Req: 5.15 N O ovent Provided: 14.72 3 N # O m BATHUTILITY i 2856 F-1" 1 LAYER 5/8" TYPE "X" N w I Of u -IO PAN THROUGH OUT CEILING Sc NB� POCKET " MECHANICALLY FASTENED 5 11 .QF 6 m mss. �.��AOMAS .c i H- wBq To ft ---- --D I I X x ^ J � vv w M - 9 8 7'-4" r- i� Q f� w cv it k v �k F- - O II N W w Lc)' Erf- O N� 1 M Q S/L ii N �i CD `)r Lu Q wQaMor` 1 7'-3 10'-11 3/4' (11 � � -, ,z 1. Y o _ r7 p 00 Fw©68 HDR DROPS BELOW CEILING LINE 81/8" IL---- --J ,n 031 5/8" TYPE °X' GYP �I Q C9 ,5 ---------- DROPPEDIIDR----------- ❑ �SQ52 �C? ^ m vo N�---------------- 2-2x4 FS Y N Q \ ` V � Nw \-' 19'-5 1 2' - — - — - 3-2x4 JS 12'-3 1 2" Sc 12'-10 1 2'� ��S S1 ONP O ``' zo ix w / STUD GRADE / / N o = Q W M cv /W/fr�� O O (3 LL 1� = x a FOYER J Ln �- " a cJ� o Q Sc O W -SLOPED CEILING GREAT ROOM 2856 Q U) z M 1-4- BEDROOM #4 tai) DO o ccn V FWG❑6068 Room Sq Ft: 223.35 Mo 4" Light Req: 17.87 O Room Sq Ft: 144.99m a Light Provided. 46.18 0 Light Req: 11.6 Vent Req: 8.93 N Light Provided: 22.44 Q a Vent Provided: 27.32 r, \ Vent Req: 5.8 2 MM y a N I CLO SC Vent Provided: 12.6 W 00 4 o o M � - nl 3 0 00 Sc oa 4'-0" 4'-0" o =N o RAILING BY o r7 MANUFACTURER LANDING O`n 1 8'-4 1/2" -0" 10'-6" ---------- --- ?J _ — :5 W J > J Q O HDR ®94 1/2" A.S.F. 5'-0" SP 40'-3" O 46'-0" � w Q HDR: 3-2x10 281OTN-2 HDR: 3-2x6 SPF #2 SPF #2 2856 0 2856-2 27'-0 1/2" 5'-1" 13'-10 1/2" ^ I CLG PER: (3) 2X10 SPF#2 I M to = m \ O Q to In O CODES: cn NYS 2016 UNIFORM CODE SUPPLEMENT (2016 UCS) IOi��1PIE1 :,,OA 2014 NATIONAL ELECTRICAL CODE ENERGY CONSERVATION CONSTRUCTION CODE OF NYS — 2016 EDITION w ALL HANDRAILS BY Q cr) 0 c� N N N \ BUILDER SHALL COMPL \\\ N 0 WITH R311.7.8 GREGO 9/26/2017 10:38:19 AM NOTES: 1.- DENOTES ADDITIONAL COLUMN IN BASEMENT 5. STAIRS TO BE 81/4" RISERS AND 9" TREADS. I 9. 2.2X6 EXTERIOR WALLS 16" O.C. 6. CEILING GIRDER OVER GREAT/ DINING ROOM TO BE (2)11/2" x 18" LVL (PER UNIT) 10. 3.2X4 MARRIAGE WALLS 16" O.C. 7. HEAT LOSS WAS CALCULATED W/ R-19 INSULATION IN FLR 11. CD 4.9'-0" CLG. 8. BUILDER IS RESPONSIBLE FOR PROVIDING A PROPERLY 12. SIZED HEATING SYSTEM TO COVER A BTU LOSS OF 64900 3,1 THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. _ EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY LLJ Z N Q a i Gr) o V) I � jof W o Q 0 U Q O *CHILD SAFETY LATCHES REQUIRED ON XX52 WINDOWS* J � N O � O LL O LL_ N u U1 16'-4 1/2" L Z r o Q0 *T1EMPERED* — z 00 HDR: 3-2x6 32'-4" 7 w CO SPF #2 1 46'-0" Z J 3" RADON VENT DATA PLATE, STATE LABEL 240210 HDR: 3-2x6 Q o AND PFS LABEL LOCATION SPF #2 28566 +� 5 8 TYPE X GYP Q BD24 \ / o 9'-11 1/2" w4530 O W363 �9 \ 5'-9" / J = o ?Aa 10'-5 3/4" z B21 S 6 DWS 6 r U Q 3" DRAIN & N 0 1-4D is 'ROUGH PLUMB'NG I > ELEC 2-3/4" SUPP. •• �6 m: W/STD FAUCET FOR PANEL-7Hf— w �j FROM 2nd STORY F-1 1/2" 11'-10 1/2" p 3� n O ON-S��tiUER x ?� 0 0 O O � R - _ N m / ` a • a n W o DINING ROOM N lii\- n / / 1 ti ///� ~ N ~'00 r o CO © KITCHEN Iii _; 3 / 1 // p�\ � Q0 FWG6068 Room Sq Ft: 128.63 III - L — — J m w w 00 Light Req: 10.29 2 -1 1 2 1 _ N Light Provided: 23.78-=- --J 6" ~ v O M Vent Req: 5.15 N O ovent Provided: 14.72 3 N # O m BATHUTILITY i 2856 F-1" 1 LAYER 5/8" TYPE "X" N w I Of u -IO PAN THROUGH OUT CEILING Sc NB� POCKET " MECHANICALLY FASTENED 5 11 .QF 6 m mss. �.��AOMAS .c i H- wBq To ft ---- --D I I X x ^ J � vv w M - 9 8 7'-4" r- i� Q f� w cv it k v �k F- - O II N W w Lc)' Erf- O N� 1 M Q S/L ii N �i CD `)r Lu Q wQaMor` 1 7'-3 10'-11 3/4' (11 � � -, ,z 1. Y o _ r7 p 00 Fw©68 HDR DROPS BELOW CEILING LINE 81/8" IL---- --J ,n 031 5/8" TYPE °X' GYP �I Q C9 ,5 ---------- DROPPEDIIDR----------- ❑ �SQ52 �C? ^ m vo N�---------------- 2-2x4 FS Y N Q \ ` V � Nw \-' 19'-5 1 2' - — - — - 3-2x4 JS 12'-3 1 2" Sc 12'-10 1 2'� ��S S1 ONP O ``' zo ix w / STUD GRADE / / N o = Q W M cv /W/fr�� O O (3 LL 1� = x a FOYER J Ln �- " a cJ� o Q Sc O W -SLOPED CEILING GREAT ROOM 2856 Q U) z M 1-4- BEDROOM #4 tai) DO o ccn V FWG❑6068 Room Sq Ft: 223.35 Mo 4" Light Req: 17.87 O Room Sq Ft: 144.99m a Light Provided. 46.18 0 Light Req: 11.6 Vent Req: 8.93 N Light Provided: 22.44 Q a Vent Provided: 27.32 r, \ Vent Req: 5.8 2 MM y a N I CLO SC Vent Provided: 12.6 W 00 4 o o M � - nl 3 0 00 Sc oa 4'-0" 4'-0" o =N o RAILING BY o r7 MANUFACTURER LANDING O`n 1 8'-4 1/2" -0" 10'-6" ---------- --- ?J _ — :5 W J > J Q O HDR ®94 1/2" A.S.F. 5'-0" SP 40'-3" O 46'-0" � w Q HDR: 3-2x10 281OTN-2 HDR: 3-2x6 SPF #2 SPF #2 2856 0 2856-2 27'-0 1/2" 5'-1" 13'-10 1/2" ^ I CLG PER: (3) 2X10 SPF#2 I M to = m \ O Q to In O CODES: cn NYS 2016 UNIFORM CODE SUPPLEMENT (2016 UCS) IOi��1PIE1 :,,OA 2014 NATIONAL ELECTRICAL CODE ENERGY CONSERVATION CONSTRUCTION CODE OF NYS — 2016 EDITION w ALL HANDRAILS BY Q cr) 0 c� N N N \ BUILDER SHALL COMPL \\\ N 0 WITH R311.7.8 GREGO 9/26/2017 10:38:19 AM NOTES: 1.- DENOTES ADDITIONAL COLUMN IN BASEMENT 5. STAIRS TO BE 81/4" RISERS AND 9" TREADS. I 9. 2.2X6 EXTERIOR WALLS 16" O.C. 6. CEILING GIRDER OVER GREAT/ DINING ROOM TO BE (2)11/2" x 18" LVL (PER UNIT) 10. 3.2X4 MARRIAGE WALLS 16" O.C. 7. HEAT LOSS WAS CALCULATED W/ R-19 INSULATION IN FLR 11. CD 4.9'-0" CLG. 8. BUILDER IS RESPONSIBLE FOR PROVIDING A PROPERLY 12. SIZED HEATING SYSTEM TO COVER A BTU LOSS OF 64900 3,1 2852-2 s S/L 2852-2 d 2850-2 I THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF F- J Q N of i _ 0 3: EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF F- J Q N of FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. _ 0 3: EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY 0 L LL_ D z cnu LJ z N Q � a w Z — U) O o z cfl 00 z� Q O � W w J�D L� � o U� Ln U i 00 *CHILD SAFETY LATCHES REQUIRED ON XX52 WINDOWS* 14'-6"46'-0" 3'-7" HDR : 3-2x6 22'-6" 34'-0" HDR: 3-2x6 ® ^SPF #2 .,r (D HDR: 3-2x6 O HDR: 3-2x6 SPF #2 2852 24210 SPF #2 24210 SPF #7 2852 5'-0" 4 HDR: 3-2x8 2852-2 SPF #2 HDR:3 /1 1/2" 22'-4 1/4" x 7 1/4" LVIL ON-SITE WINDOW 8'-0" WIDE x 4'-0" HIGH R.O. HDR ® 82 1/2" A.S.F. LANDING 40'-3" 4 HDR: 3-2x6 2852 SPF #2 O I 2852-2 p s U O z 4 l:D 2852-2 0 0 Ln GREGO 9/26/2017 10:38:19 AM _ F__ .4- CL w .d- '-d- M O00 Q ��r-co v / /n J wQo" � 0 �ofWi^ N 0 (A 0 W pZO X W__jN— Q =¢ LL- I— :m d Li O Wo/c , O Z n N Z M LL N J U) w tE 00 Q tE y a N am Oj W Q I--- :::] Q O Q w z cLLJ > L G` Q i m cf, Z = m \ O Q (n (n 3: U Q UD o8mil LLJ 0 0 0 FD Q -t m 0 \ \ \ c, oD NOTES: 1. DENOTES ADDITIONAL COLUMN IN BASEMENT 5. STAIRS TO BE 8 1/4" RISERS AND 9" TREADS.1 9. 2.2X6 EXTERIOR WALLS 16" O.C. 6. CEILING BEAM OVER BDRM. # 1 / HALL / BATH #2 TO BE: (1) 11/2" x 14" LVL (PER UNIT) 10. 3.2X4 MARRIAGE WALLS 16" O.C. 7. 11.3 �, 2 4.8'-0" CLG. 8. 12. I J Q N of 0 L_O 3: 0 LL_ D z cnu Z — } o z cfl 00 z� Q O J�D L� CL i Q = L L O 0 J Of W _ 0 f— o w oz Cfl (D L d N w Q0 00 (_0 m U 0 O _ F__ .4- CL w .d- '-d- M O00 Q ��r-co v / /n J wQo" � 0 �ofWi^ N 0 (A 0 W pZO X W__jN— Q =¢ LL- I— :m d Li O Wo/c , O Z n N Z M LL N J U) w tE 00 Q tE y a N am Oj W Q I--- :::] Q O Q w z cLLJ > L G` Q i m cf, Z = m \ O Q (n (n 3: U Q UD o8mil LLJ 0 0 0 FD Q -t m 0 \ \ \ c, oD NOTES: 1. DENOTES ADDITIONAL COLUMN IN BASEMENT 5. STAIRS TO BE 8 1/4" RISERS AND 9" TREADS.1 9. 2.2X6 EXTERIOR WALLS 16" O.C. 6. CEILING BEAM OVER BDRM. # 1 / HALL / BATH #2 TO BE: (1) 11/2" x 14" LVL (PER UNIT) 10. 3.2X4 MARRIAGE WALLS 16" O.C. 7. 11.3 �, 2 4.8'-0" CLG. 8. 12. I MIN.(2) 3500 LB. STIR HOLD-DOWNS (EMBEDI CONCRETE AND NAILED IN MIN. 1000 LB. HO DEVICE (EMBED CONCRETE AND NAI F MIN. 1000 LB. HOLD- DEVCE (EMBEDDED CONCRETE AND NAILED FRAI MIN.(2) 3500 LB. STRAP - HOLD -DOWNS (EMBEDDED CONCRETE AND NAILED INTO I 1 THIS FACTORY—MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF WIND SPEED / WALL CONSTRUCTION TYPE 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP WALL LINE SPACING FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. 27.5 20.5 = 25.5 MINIMUM PANEL NEXTTO DOOR O 32 32 EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY 32 MINIMUM PANEL NEXTTO WINDOW 27 27 27 27 27 TOTAL LENGTH OF BRACING REQUIRED 1 12.00 12.00 H 9.20 11.20 11.20 ADJUSTMENTS (per TABLE R602.10.3(2)) L 1 1 1 1 1 Wall Height Q � Q 0.95 LL 0.95 Support Condition/Eave to Ridge Height 1 1 1 1 1 Number of Braced Wall Lines o 1 1.3 1.3 1.3 Bracing Lengths for Method GB 1 w LJ 1 1 1 TOTAL LENGTH OF BRACING REQUIRED AFTER ADJUSTMENTS 11.40 Q 11.36 13.83 13.83 TOTAL LENGTH OF BRACING PROVIDED 40.583 29.333 12.5 O U) Compliant with Section R602.10 YES YES YES YES YES Ln U O Q N _I O �- O O LL_ z D ■ O Q0 Q0 z r oc0 _ Iz z 00 zDLu� —3° Q U L� —j = z O O FD w O Cn t.m Q p Q0 W OZ NQ0 ct� 00 Of U ;E O 13 BRACED WALLS DESIGN PER 2015 INTERNATIONAL RESIDENTIAL BUILDING CODE Wall 1 Wall 2 Wall 3 Wall 4 Wall 5 WIND SPEED / WALL CONSTRUCTION TYPE 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP 140 MPH CS-WSP WALL LINE SPACING 27.5 27.5 20.5 25.5 25.5 MINIMUM PANEL NEXTTO DOOR 32 32 32 32 32 MINIMUM PANEL NEXTTO WINDOW 27 27 27 27 27 TOTAL LENGTH OF BRACING REQUIRED 1 12.00 12.00 H 9.20 11.20 11.20 ADJUSTMENTS (per TABLE R602.10.3(2)) Exposure/ Number of Stories 1 1 1 1 1 Wall Height 0.95 0.95 0.95 0.95 0.95 Support Condition/Eave to Ridge Height 1 1 1 1 1 Number of Braced Wall Lines 1 1 1.3 1.3 1.3 Bracing Lengths for Method GB 1 1 1 1 1 TOTAL LENGTH OF BRACING REQUIRED AFTER ADJUSTMENTS 11.40 11.40 11.36 13.83 13.83 TOTAL LENGTH OF BRACING PROVIDED 40.583 29.333 12.5 15.67 21.84 Compliant with Section R602.10 YES YES YES YES YES 1 4 5 0 — . CiJC;RisP'�t- IP . ZC7,Jirvc, BOAR! / H z 04 d Q W`d- 00 `Nd'r7 0__jr '2 N^ wd CO r- (� Ofa 'D 00 J ���� Q v o N a w L� WZ o Q CD W w ���L_ 0 O un m W z Z o __ U) z � W � D S d 00 N IL m ii J W Q Jot� Q O Q LLJ Z_ Er 0-0 co co co 0 0 0 ED Q 00) 0000CN N � O O N GREGO 9/26/2017 10:38:19 AM Q a- 3�, 3 WP GFI ADD'L XL I I I I I I I I I I I I I I I I I I I I N WP GFI \ / 9 \ OI DINING ROOM I 27" I I ii ASF I GFI r f ---- ----J Idb I KITCHEN ( I I I BATH #3 .I I I y ) __j 10 FM s I I I I I I z I cd I s I i I I I I F---- 6 27' s� -'I`T_ JTTIO -- I ASFI GFI I i i i � y ADD'LI I L---- --� SILL I ----------- ------- ----- O = --- -- ---------------- -__--- L I ---S3 -O HIMES PULL S3S3 Q f— --------J w o WIRE J I z r- to w I Q I o cn I I I FOYER cn `S J o O o N J O V- O LL_ z N GREAT ROOM I I I u y. zo z �I U /W/rry� �J W I o o c W O Q CU CHIMES O I I I I co z cn o w Luco XL w I --- =:)> cn]L5---------------------- -- /1 a ALL BRANCH CIRCUITS SUPPLYING 15 AND 20 AMPERE OUTLETS, AND SMOKE DETECTORS IN KITCHENS, LAUNDRY RMS, BEDROOMS, FAMILY ROOMS, DINING ROOMS, LIVING ROOMS, PARLORS, LIBRARIES, DENS, SUNROOMS, RECREATION ROOMS, CLOSETS, HALLWAYS, OR SIMILAR ROOM OR AREAS SHALL BE PROTECTED BY AN ARC—FAULT CIRCUIT INTERRUPTER IN ACCORDANCE WITH SECTION 210.12, 2014 NEC. ALL 125—VOLT, 15-20 AMPERE RECEPS. INSTALLED IN AREAS SPECIFIED BY 210.52 SHALL BE LISTED TAMPER—RESISTANT TYPE. WP GFI I �r CLO I THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001, EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY I ELEC PANEL -------L'J J -GFI I I I I I --i J UTILITY ----------� GFI I I I I I I 5---- — — — -- SD Q------- ---, ---- I I I I I I I I I I I I I U I BOX AND BLOCK j I FOR PADDLE FAN BEDROOM #4 I I I i 5--------- s 50# LIGHT E30XES RANGE, DISHWASHER, AND LAUNDRY GFI RECEPTACLES TO BE ON AFCI BREAKERS I OF NEW }- �.�'` OOMAg .� 0 F� CC 1'. ;q 08052'6 ' °PEs SI0&c� " Z.()n17NC, BOARD ()F APPFAI 5 GREGO 9/2.6/2017 10:38:19 AM I— O = Ln Li Z N Q f— � Q c/) w o 5 z r- to w Q � W w Q o cn J � a co o0 cn `S J o O o N J O V- O LL_ z N U U) z y. zo z Q U /W/rry� �J W Q W O Q CU O zo z ce 0 m r H U O Q0 C� o Q0 z 00 w CO J = O nn z LI- Ld OLd cn Q o Cfl W o (_0n- N Q� 00 w C) 0 QD O :5 J Li Q -- Q O Q w m z o o' U) a > n 00 m c„ z z m QU)U)3:o0 ocn MEMO L CD LU � co 5�i 5 z r- to w Q < 00 r, un ll I J � a co o0 EL �, �^ N aW wv U W 0 O X L1J n d L, /W/rry� �J W W O Q CU I— zo z co z cn o w Luco -,— w =:)> mm m 5 /1 a it w a 5 N a m :5 J Li Q -- Q O Q w m z o o' U) a > n 00 m c„ z z m QU)U)3:o0 ocn MEMO L CD - -- - - -- - -- - -- - _ -- -- -- 1 �- - -- - - -- - - -- - + �� MIN.(2) 3500 LB. STRAP-TYPE— HOLD-DOWNS (EMBEDDED INTO CONCRETE AND NAILED INTO FRAMING) MIN. 1000 LB. HOLD-DOWN DEVICE (EMBFDDED INTO CONCRETE AND NAILED INTO FRAMING.) i 7673 POUND I I I I 1134 CUND N 7673 MIN. 1000 LB. HOLD-DOWN DEVICE (EMBEDDED INTO CONCRETE AND NAILED INTO FRAMING.) MIN (2) 3500 LB. STRAP -TYPE HOLD-DOWNS (EMBEDDED INTO CONCRETE AND NAIIED INTO FRAMING) THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY 46'-0" FOUNDATION TO BE DESIGNED BY NYS DESIGN PROFESSIONAL WITH KNOWLEDGE OF LOCAL SOIL CONDITIONS. THIS PLAN IS ONLY MEANT TO COMMUNICATE THE DIMENSIONAL AND LOADING INFORMATION TO THE DESIGN PROFESSIONAL SO THE FOUNDATION DESIGN IS COORDINATED WITH THE REQUIREMENTS OF THE MODULAR BUILDING. FOUNDATION DRAWINGS ARE TO BE USED AS A GUIDE ONLY. PROFESSIONAL BUILDING SYSTEMS WILL NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR INCORRECT FOUNDATIONS. NOTES: 1. 2. PERIMETER RAIL ATTACHED TO SILL WITH 16d. NAILS AT 6" O.C. 3. PIER FOOTINGS BASED UPON 2000 PSF. ALLOWABLE SOIL BEARING PRESSURE 4. CONCRETE COMPRESSIVE STRENGTH: 3000 PSI 5. M OR S TYPE MORTAR TO BE USED 'Z. to) [0 PD 01� GREGO 9/26/2017 6. MAX. ANCHOR BOLT SPACING: 6'-0'1 O.C. (4'-0" O.C. MAX. IN AREAS WHERE WIND VELOCITY IS @ OR EXCEEDS 100 MPH) 7. WINDOWS OR VENTS (INSTALLED BY BLDR) ARE REQ'D. TO PROVIDE 1/150 OF FLOOR AREA AS FREE VENTILATION AND SHALL BE LOCATED AS CLOSE TO CORNERS AS POSSIBLE. 10: 38:19 AM = O Ln w z N Q Q o F— (W L, :�E Q 0 1n U) U "o 1661 PLF O W O I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I I W V) I I FOUNDATION VENT REQUIRED: 8.26 SQ. FT. NET FREE AREA I I I U v I ACCESS TO CRAWLSPACE ON-SITE BY OTHERS I I I (4)2X10 SPF#2 REPL STD (4)2X10 SYP I I -0" 7'-6" 9'-6" 5'-3" 5'-3" j 5'-2" z Q I 5'-2" 5'-2" I - I ------- -H -�-- -------�- ---H I IL�J I -----I- �/ I ----I ---- I I / / I I 16"X16" BLOCK PIER FOR CRAWL SPACE_ - - SPACING IS BASED FROM I 5338 POUJDJ L ---J 3969 POUNDS I L ---J L ---J 6426 POUNDS 18041 POUNDS L ---J L___—J 10847 POUNDS 10761 POUNDS L— —J 10676 OUNDS EDGE TO EDGE OF 16' WIDE PIF 10676 POUNDS I I I 20'-0" COLUMN REQUIRED HOLD DIMENSION 30"x30" CONC. FOOTER I I I I I I I QJ I I I = O J I I O I I I I I I I I I I I I I I 8" MINIMUM CONCRETE WALLS I I I I I I I L- SUPERIOR WALLS L------------- C9 W — -------------------- -OR -- — — — — -� I--- -J 0 �00 ---J D U 1661 PLF w O 27'-0 112" 5'_ 1 13'-10 1 /2" FOUNDATION TO BE DESIGNED BY NYS DESIGN PROFESSIONAL WITH KNOWLEDGE OF LOCAL SOIL CONDITIONS. THIS PLAN IS ONLY MEANT TO COMMUNICATE THE DIMENSIONAL AND LOADING INFORMATION TO THE DESIGN PROFESSIONAL SO THE FOUNDATION DESIGN IS COORDINATED WITH THE REQUIREMENTS OF THE MODULAR BUILDING. FOUNDATION DRAWINGS ARE TO BE USED AS A GUIDE ONLY. PROFESSIONAL BUILDING SYSTEMS WILL NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY FOR INCORRECT FOUNDATIONS. NOTES: 1. 2. PERIMETER RAIL ATTACHED TO SILL WITH 16d. NAILS AT 6" O.C. 3. PIER FOOTINGS BASED UPON 2000 PSF. ALLOWABLE SOIL BEARING PRESSURE 4. CONCRETE COMPRESSIVE STRENGTH: 3000 PSI 5. M OR S TYPE MORTAR TO BE USED 'Z. to) [0 PD 01� GREGO 9/26/2017 6. MAX. ANCHOR BOLT SPACING: 6'-0'1 O.C. (4'-0" O.C. MAX. IN AREAS WHERE WIND VELOCITY IS @ OR EXCEEDS 100 MPH) 7. WINDOWS OR VENTS (INSTALLED BY BLDR) ARE REQ'D. TO PROVIDE 1/150 OF FLOOR AREA AS FREE VENTILATION AND SHALL BE LOCATED AS CLOSE TO CORNERS AS POSSIBLE. 10: 38:19 AM = O Ln w z N Q Q o F— (W L, :�E Q 0 1n U) U "o H d. UJ C14 00 M 0 I- cO 2 n (J J z Of 00 M Q <�rno N awwv w z p O X o 0 V J z W Z z N CD co w o Lu a- m c 00 N a N am 0 m U) Z 3: S m ?: \ O < C/-) U) �U o u1 a8mil Lj 0 0 0 Q DSO O O cV L,j 0 Q O W O O I� W V) rl- U v z(_0 F z 00 z Q o U Q0 0 QJ = O J O O In Q o C9 W w 0 �00 (_0 D U w O H d. UJ C14 00 M 0 I- cO 2 n (J J z Of 00 M Q <�rno N awwv w z p O X o 0 V J z W Z z N CD co w o Lu a- m c 00 N a N am 0 m U) Z 3: S m ?: \ O < C/-) U) �U o u1 a8mil Lj 0 0 0 Q DSO O O cV L,j 0 Q 7/12 "27-6" +120/155 WIND (40# SNOW) I: /F1 A=2 -16d NAILS B=10d NAILS @ 19"O.C. G=7 -16d NAILS H=2 -16d NAILS 1=6-10d NAILS (26g. STRAP) C IN C C=2 -8d NAILS ALT: C=1 1/2"X26 GA RIDGE STRAP W/2 -10d NAILS EACH END D=3-16 GA. STAPLES J=3 -6d NAILS K=12-16 GA. STAPLE L=16d NAIL 12" O.C.(ON—SITE) 1 /2" BOLT /7� 9(---1 NIA11 C TnE-NIA11 CF) TIJDII D (` IINITO DANIF) 171 I IC 0 F E=2 -16d NAILS F=10d NAILS @ 19"O.C. M=1—CS20 STRAP W/ 9-10d NAILS EACH END OR 10-16D THROUGH DECKING EACH SIDE M (BEAM STICKS UP IN ATTIC) \1-l/ B A IVI—IN/\I LL L./ II II\V V. L/. II411_/ LJ/\1 NV I LVJ (2) 16d NAILS THRU SHEATHING INTO BAND AND C NOTE: NEW E STATE; SUBSTITUTE 20q. STRAPS FOR 26q. STRAPS D (2) R SOF NE�V ,F NAILS @ 8" O.C. O MA S O� o G I: /F1 A=2 -16d NAILS B=10d NAILS @ 19"O.C. G=7 -16d NAILS H=2 -16d NAILS 1=6-10d NAILS (26g. STRAP) C IN C C=2 -8d NAILS ALT: C=1 1/2"X26 GA RIDGE STRAP W/2 -10d NAILS EACH END D=3-16 GA. STAPLES J=3 -6d NAILS K=12-16 GA. STAPLE L=16d NAIL 12" O.C.(ON—SITE) 1 /2" BOLT /7� 9(---1 NIA11 C TnE-NIA11 CF) TIJDII D (` IINITO DANIF) 171 I IC 0 F E=2 -16d NAILS F=10d NAILS @ 19"O.C. M=1—CS20 STRAP W/ 9-10d NAILS EACH END OR 10-16D THROUGH DECKING EACH SIDE M (BEAM STICKS UP IN ATTIC) \1-l/ I\l 1i INF\I LJ IVI—IN/\I LL L./ II II\V V. L/. II411_/ LJ/\1 NV I LVJ (2) 16d NAILS THRU SHEATHING INTO BAND AND STUD. NOTE: NEW YORK STATE; SUBSTITUTE 20q. STRAPS FOR 26q. STRAPS THIS FACTORY -MANUFACTURED HOME (FMH) PLAN HAS BEEN DERIVED FROM A SYSTEM SET OF If— FMH PLANS APPROVED BY D.O.S., MANUFACTURER'S APPROVAL NO. M013-2015-001. EXPIRATION DATE 10-31-2017, WHICH HAS NOT BEEN MODIFIED IN ANY WAY = Q N o O Ln NOTES: -FASTENING SPACING IS FOR EACH ROW. STAGGER SPACING O LI_ Q Q Il O _ 3-1.5"X11.25' �- z Gi USE (2) R SOF NE�V Ld Lj NAILS @ 8" O.C. O MA S O� o z _ a m U) 14", 16" �Q`� .c (Qno 00 z Q � FASTEN SHEATHING TO HEADER WITH BD J Q0 (3) R LLV FASTLNNG _ -2" MIN EQUAL SPACES TOP L O A D� D BEAMSHHHLLLNNNLLLFFFJNJNJN 2, MIN i N 2 -PLY BEAM 3 -PLY BEAM 4 -PLY BEAM 0.131"x3" NAILS 0 0.131"x3" NAILS APPROVED SCREWS FASTENING REQUIREMENTS FOR MULTIPLE PLY LVL MEMBERS: m " o 2- AND 3 J Q N o z NOTES: -FASTENING SPACING IS FOR EACH ROW. STAGGER SPACING O LI_ i�: O 12" OR LESS O _ 3-1.5"X11.25' -FOR 1.75" THICK MEMBERS, USE 0.131"x3.5" NAILS IN PLACE z w o uj USE (2) R WS U NAILS @ 8" O.C. OF 0.131"x3" NAILS. (_D z _ a m U) 14", 16" OR 18" pCO z 00 z Q � FASTEN SHEATHING TO HEADER WITH BD J Q0 (3) R WS OF 0.131"x3" NAILS @ 8" O.C. CONNECTING MULTIPLE PLIES OF LVL:00 20",22" D > x 1.5" MEMBER Q -SIMPSON SDW WOOD SCREWS =a '01 I USE O WS OF 0.131"x3" " NAILS @ 8 O.C. J (n - 00 o ' O w to BLOCKING WITHIN THE MIDDLE 24" OF THE USP WS WOOD SCREWS RE02.1064 ON BOTH SIDES OF OPENING �; ^ CR v C 4 -PLY MEMBERS Q W0 -FASTENMASTER TRUSSLOK WOOD SCREWS (^ (_ Q N m < J w v a LESS � (_0w 00 -IF THE FASTENER POINT PENETRATES A MINIMUM OF 75% OF o '' o CD ix IMIN. LENGTH OF PANEL PER � FASTENING REQUIREMENTS FOR MULTIPLE PLY LVL MEMBERS: m " o 2- AND 3 -PLY MEMBERS: z NOTES: -FASTENING SPACING IS FOR EACH ROW. STAGGER SPACING 3-2x12 SPF#2 HEALER • 12" OR LESS x 1.5" MEMBER BEAMS: _ 3-1.5"X11.25' -FOR 1.75" THICK MEMBERS, USE 0.131"x3.5" NAILS IN PLACE Oz w o uj USE (2) R WS OF 0.131"x3" NAILS @ 8" O.C. OF 0.131"x3" NAILS. a m U) 14", 16" OR 18" x 1.5" MEMBER BEAMS: -THE FOLLOWING SCREWS ARE APPROVED FOR USE IN FASTEN SHEATHING TO HEADER WITH BD WCJ 04 USE (3) R WS OF 0.131"x3" NAILS @ 8" O.C. CONNECTING MULTIPLE PLIES OF LVL:00 20",22" OR 2 x 1.5" MEMBER BEAMS: -SIMPSON SDW WOOD SCREWS '01 I USE (4) R WS OF 0.131"x3" " NAILS @ 8 O.C. -SIMPSON SDS WOOD SCREWS (n - 00 o ' BLOCKING WITHIN THE MIDDLE 24" OF THE USP WS WOOD SCREWS RE02.1064 ON BOTH SIDES OF OPENING �; ^ CR v C 4 -PLY MEMBERS ORTAL LEG HT, ONE ROW OF 3" O.C. NAILIN -FASTENMASTER TRUSSLOK WOOD SCREWS N Q N m < J w v 16" OR LESS x 1.5" MEMBER BEAMS: (CS16 W/22 -10a NAILS) -IF THE FASTENER POINT PENETRATES A MINIMUM OF 75% OF '' o CD ix IMIN. LENGTH OF PANEL PER (2) R WS OF APPROVED SCREWS @ 24" O.C. THE 4TH PLY OF THE BEAM, THEY MAY BE APPLIED FROM ONE �' CD z 5iUSE 16" TO 24" x 1.5" MEMBER BEAMS: SIDE OF THE BEAM; OTHERWISE, THE FASTENERS MUST BE _ OF:: MIN 4" THICK WOOD STRUCTURAL PANEL MIN.(2) 3500 LB. STRAP -TYPE X. HOLD-DOWNS (EMBEDDED INTO APPLIED FROM BOTH SIDES AND STAGGERED. SHEATHING WITH 6D COMMON OR HOLD-DOWNS (EMBEDDED INTO USE (3) RbWS CONCRETE AND NAILED INTO FRAMING) OF APPROVED SCREWS @ 24' O.C. -LOAD MUST BE APPLIED EVENLY TO ALL 4 PLIES OTHERWISE un U 19._0, FIGURE' 8602.10.6.2 METHOD PFH: PORTAL FRAME W/HOLD-DOWNS USE CONNECTIONS FOR SIDE LOADED MEMBERS. LLJ z z -FASTENING SPACING IS FOR EACH ROW. STAGGER SPACING 3-2x12 SPF#2 HEALER • o 2 BETWEEN ROWS OF FASTENERS. _ 3-1.5"X11.25' �.... Oz w o uj I U o f u ,- a m U) I iia Q �a FASTEN SHEATHING TO HEADER WITH BD 00 �i *"GEHODCSPF CONTINUOUS --ter ` V COMMON OR GALVANIZED BOX NAII S IN 3" Lti FIGURE R602.10.6.2 SHEATHED PORTAL FRAME METHOD PFH: PORTAL FRAME CONSTRUCTION (FIGURE W/HOLD-DOWNS R602.10.6.4�-STRAP FROM C fC��Y/ FROM LG 10 HDR 5-10D NAILS EACH EN . err g< ncnuurt II I) 3-2x12 SPF#2 HEALER • (MIN HDR=3"x11.25") _ 3-1.5"X11.25' �.... (MIN HDR=3"x11.25") I iia FASTEN SHEATHING TO HEADER WITH BD COMMON OR GALVANIZED BOX NAII S IN 3" GRID PATTERN AS SHOWN IF NE DED, PANEL SPLICE EDGES SHALL OCCUR OVER AND BE NAILED TO COMMON HEADER TO JACK -STUD STRAP PER TABLE ' BLOCKING WITHIN THE MIDDLE 24" OF THE RE02.1064 ON BOTH SIDES OF OPENING ORTAL LEG HT, ONE ROW OF 3" O.C. NAILIN OPPOSITE SIDE OF SHEATHING _ .__ __ _ ___ IS REQUIRED IN EACH PANEL EDGE (CS16 W/22 -10a NAILS) IMIN. LENGTH OF PANEL PER MIN. LENGTH OF PANFL PER--� TABLE R602.105 MIN. COL. 2X4 FRAMING COVERED WITH TABLE R602 10 5 MIN (2) 3500 LB. STRAP -TYPE MIN 4" THICK WOOD STRUCTURAL PANEL MIN.(2) 3500 LB. STRAP -TYPE X. HOLD-DOWNS (EMBEDDED INTO SHEATHING WITH 6D COMMON OR HOLD-DOWNS (EMBEDDED INTO CONCRETE AND NAILED INTO FRAMING) •; GALVANIZED BOX NAILS AT BLOCKING, CONCRETE AND NAILED INTO FRAMING) MIiJ. k 1J" DIAMETER ANCHOR BOLTS AND SILLS) TYP. WOOD STRUCTURAL PANEL—\,MIN. (1) r DIAMETER ANCHOR BOLTS INSTAI LED PER SECTION R403.1.5 WITH SHEATHING TO TOP OF INSTALLED PER SECTION R4031.5 WITH "x2"x{" Pt ATE WASHER BAND OR RIM JOIST 2"x2"x " PLATE WASHER ° MIN 1000 L8. HOLD-DOWN ° WOOD STRUCTURAL PANEL SHEATHING ° MIN. 1000 LB HOLD-DOWN o DEVICE (EMBIDDED INTO o OVER APPROVED BAND OR RIM JOIST a DEVICE (EMBEDDED INTO CONCRETE AND NAILED INTO OVER RAISED WOOD FLOOR - CONCRETE AND NAILED INTO FRAMING,) OVERLAP OPTION FRAMING ) GREGO TENSION STRAP PER TABLE 602 10 6.4 (ON OPPOSITE SIDE OF SHEATHING) FASTEN KING STUD TO HEADER WITH 6 16D SINKERS FASTEN TOP PLATE TO HEADER WITH TWO ROWS OF 16D SINKER NAILS AT 3" O.C. (TYP) MIN J" WOOD STRUCTURAL PANEL SET C HAHIN m z = m � O Q C/) (n 3: O L SOLE PLATE TO JOIST U) TABIE R602.3(1) 'ROVED BAND OR RIM JOIST 9/26/2017 10:38:19 AM l� I?ECETV`r' :70I`..ITN'r; Rr APr) Or" Amwrl r c ammm. L� J Q n -- -- r� j