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HomeMy WebLinkAbout1000-117.-7-30 y OFFICE LOCATION: h0��0� SO MAILING MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) CA ae Southold, NY 11971 ® �Q Telephone: 631 765-1938 01 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date October 23, 2017 Re: Coastal Consistency Review for ZBA File Ref WILLIAM GRELLA AND GARY OSBORN #7104 SCTM#1000-117-7-30. WILLIAM GRELLA AND GARY OSBORN #7104 — Request for Variances under Article III, Section 280-15; Article XIII, Section 280-55C(1); and the Building Inspector's July 19, 2017, Amended July 20, 2017 Notice of Disapproval based on an application to legalize an "as built" accessory outdoor shower; at: 1) located in other than the code required rear yard; 2) more than the code permitted maximum lot coverage of 30%: located at: 1200 First Street, (Adj. to Cutchogue Harbor) New Suffolk, NY. SCTM#1000-117-7-30. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP. 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. Development that does not reinforce the traditional land use patterns and comply with zoning regulations of the Town of Southold results in an erosion of the community and landscape character. The as built shower was constructed without the benefit of Zoning Board of Appeals Review exceeding approved lot coverage requirements. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The as-built shower was constructed in FEMA flood zone elevation VE. Policy 6. Protect and restore the quality and function of the Town of Southold's ecosystem. In the event the action is approved, it is recommended that the Board determine if the shower is properly drained due to the close proximity to surface waters? 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 rf FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 19, 2017 AMENDED: July 20, 2017 TO: Anthony Portillo (Grella/Osborne) 15400 Main Road Mattituck,NY 11952 Please take notice that your application dated July 13, 2017: For permit to legalize an "as built" accessory outdoor shower at: Location of property: 1200 First Street,New Suffolk,NY County Tax Map No. 1000— Section 117 Block 7 Lot 30 Is returned herewith and disapproved on the following grounds: The"as built" accessory outdoor shower, on this 3,621 sq. ft. (3,512 sq. ft. buildable) lot in the MII District is not permitted pursuant to Article III, Section 280-15, which states accessory buildings and structures shall be located in the required rear Yard. The accessory outdoor shower is partially located in the side yard. In addition pursuant to Bulk Schedule, a maximum of 30% lot coverage is permitted. The lot coverage is±39.4%. Autho ' ignature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC:file, Z.B.A. BOARD MEMBERS *rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson � yO 53095 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento coUNTY Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 10, 2017 Q AUG 1 0 2017 Mark Terry, Principal Planner Southold Town Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7104 GRELLA, William and OSBORNE, Gary Dear Mark: We have received an application to legalize an "as built" accessory outdoor shower. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: AK 2 e 1155? MATCH --LINE FOR PCL NO 1 1 SEE SEC NO c 6 Ul 0 6 7 g 110-&034 9 sQ0 �`I�1�'�(�Z-dl`\'3 8 31 1 1A(c) - 1 m(c)so o m u 1 9/1(c) L1- rlo TUTHILL RD. 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MAINTENANCE ALTERATION SALE OR Real Property Tax Service Agency Y --w- y 0ytilje --HST-- FIRE A HYPR/v,f DISTRIBUTION OF ANY PORTION OF TME c.Y,I GED ter RLVErhead,N Y 11901 116 11i DQ'T .S Yw1ER SUFFOLK COUNTY TAX MAP IS PROHIBITED �'.� M -L-- AmeubnROmne Une--P-- PPRK REFUSEo SCALE IN FEET p dyne L.w wN-- PM9KUWrE m L,PSiE NLTER WTHOUT WRITTEN PERMISSION OF THE '1Yy,,��9�h6 IDD 0 200 000 A REAL PROPERTY TAX SERVICE AGENCY C.L P Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE ter_ House No.1� Street` .Vc,+ _e,,e - Hamlet Q acA_�, k-- SCTM 1000 Section-Lk 1 Block_�:J_Lot(s) 30 Lot Size 3(C21 ST Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED . tjk A 2 ,2cLJBASED ON SURVEY/SITE PLAN DATED Owner(s): Ll.) Wk c"K—% (1]"'A t3- (!&C,4 Q Jk�nz Mailing Address: TO 2joy Telephone:'S1l0- Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and �name 'of person who agent represents: Name of Representative: �- n-`fV on f*' Ik O for Owner( )Other: Address: 154-v,CJ iGt`.Y-� �i X'f� % N iils2. 47741r Telephone:'}i 0-512_ Fax: Email: l���r Ig/�rwn(�!aL& ,+ec,T--Lz-1y\ Please check to specify who you wish correspondence to be mailed to,from the above names. ( )Applicant/Owner(s), -Authorized Representative, ( )Other Name/Address below: WHEREBYHEF1, ILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2 1-4 (0 and DENIED AN APPLICATION DATED 'l '7, 'Zot-1FOR: ))Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use P4-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: L Section: S(b0-\d,:S Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(A)-has, 00 has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). 2®i y .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: Co 201 ZBA File# 1 ti _S - ,� dX3'WW00 on ailgnd kmnN AINM O XIo44ns )IdOA m3N 4o3 v.Ls a d mVION oz n o fcsp lq;aru a op q a; S (iaump moi uo.1-poipnd nauum 1!-q-I—iuo2d) ;u32d pazuoq;nd so;uuogddvjo az aIS § iunuiut�a ag;3o aasJlann puu A4aJss`q;luag acp pus poogiogg2iou aq;p ia;ousugo aq;;oa;oid pus aniasaid oun;auiu ag;;uuu`a;snbapu pus Aiussaoau s[;ug;yIf1MNIN alp sT sign (Sdoo u qsmnU asuald)saA { } olq$ LPUV-1 SIT Butuiaouoa suouou;sag 30 s;uuuanoO Pius aiag;a.V :Xqm oM{ }io`sa,&{J Lpa;uaio jlos uaaq,14lnoUjlp paBollu oq;ssH'S :asnuooq;ou;sip so poogzogg5iau ag;ut suoi;ipuoo lu;uoumonnuo io luoisAgd ag;uo;ouduit so;oaga asianpu uu anuq LOM llyA aouOpun oql,•t7 `I" �� � S�� .�-L��c"1�,� �t�r�7 j-�� �`� � `"7. .h•"O f 1 �O7SJ1, :asnuoaq lsguu;sgns;ou st polsonboi jai wjo;unouiu aqZ-£ a1G,o,�rot �rn �ui�wc,l� :asnuoaq`oousuun mm,uu uuq;sag;o `ansind o;;uuoilddu ag;ioj algisuaj poq;aui autos,iq pana►gos aq IONWO;uuogddu mp Aq;g2nos;IIauoq ags•z '2 titAno 1�` L�� ►o cc�JC?1 a t `s'�>C� �fl\/r �'��, :asnuoaq`pa;us23t satpadoid Agauau o;;uoul4ap u io ioggiou oq;3o-dMLDVU HO oq;ui paonpoid aq;ou 1pAx a.'Jusgo alqunsapun ud•l :(paztaviou ain;vu2is s,.ia rvda rd illim pasn aq rfvw spays,Ivuotlrppv 'o f cads aq asvald) 'ITg-ddv HO3 SNOW" APPLICANT'S PROJECT DESCRIPTION APPLICANT: 4)0j2�,Mnta t.4 :2pr4N I I a DATE PREPARED: I'd I, 1.For Demolition of Existing Building Areas Please describe areas being removed: H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: -A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Vj 4tc Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from survevorl: Existing square footage of buildings on your property: 1 S sp Proposed increase of building coverage: „2-,/0 c 41 . 2 S S� Square footage of your lot: S"512. sr- Percentage of coverage of your lot by building area: S'77. �A'%2 V.Purpose of New Construction: 1 -- �;i - c00- dopa !S-41'pwax- 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): 41K-V -4n Q-ap z�fy--, "S cin Please submit S sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 3 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes K No B. Are there any proposals to change or alter land contours? ;�, No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?_ -4,6S, 2.)Are those areas shown on the survey submitted with this application? J65 3.)Is the property bulk headed between the wetlands area and the upland building area? _1_/6115 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ES Please confirm status of your inquiry or application with the Trustees: k1wpt-c and if issued,please attach copies of permit with conditions and approve survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? �Jlo E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? 0 O Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? K30 f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? 00 If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel `, "CJpAr-La and the proposed use 9-2-bit (ex: existing single family,proposed: same garage,pool or other) 19L I�1 Auth6rized signature and Date 'Tows)OfSoutlUold 9/6/21116 r p.0. 11ox 1 179 53095 Jvj:jin 12t1 Southold, New Fork 11971 v, - - CERTIFICATE OF OCCUPANCY Date: 9!Gl2016 No: 35493 IS Cl, that that the 1)uilding ��DDI'J'ION/AL'I'GRAI_JON III 1200 First St. Nei%, Suffolk --_ Location of Pi-olterty: --- — 117.-7-30 Sec/131ocldLot: — 473889 Filed Map No. No. subdivision: — --— --- --_ conforms substal11ia1JS to tJ�c��pP lication for 13uilding Permit heretofore tiled in this OWice dntcd 21271201$ pursuant to vr•I1icl1 Building Permit No. - 39606 dated 312312015 i tivas issued. and conforms to all of the requirements of the applicable provisions of the law. 'me occupancy for i which this certificate is issued is: additions and alteration including second floor balcony and two car 1;arae under, to an existingone family,dwelling as a lied for erLI3A ir6773 dated 1 l/6/14 and X6789 also dated 11/6/2014. i The certificate is issued to Grella MD, William &Osborne,Gary — of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RIO-14-0020 1/20/2016 .ELECTRICAL CERTIFICATE NO. 39606 y 5/3/2016 PLUMBERS CERTIFICATION DATED 8/3/2016 JoV^ 111 Borrelli P &H Con Authoriz Signature AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 'A \k p 2. Address of Applicant: �!5 ifOO kl���n , a-( _fa)c k- 3. Name of Land Owner(if other than Applicant): %k k i ex nfN Q]�r e C(A — �i t (�S 1tX1 f f► 4. Address of Land Owner: —Pc) (p look IQ e,u, -oQSk��V-- 5. Description of Proposed Project: 00.}8 p We4- 6. Location of Property: (road and Tax map number) J2o0 542L +. ►)eW 50�% ti- 1aG0 - 1l1 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively farmed? { } Yes X No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please se back of this e if there are additional property owners) Signa Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): 12DD Brief Description of Proposed Action: ��Y'�Ger►CSL �'r G� "YJi.?��� ���''"�cam'. Name of Applicant or Sponsor: Telephone: _ z5-1- _ 14 j -' ` nO►'l,—, ® E-Mail: L Ur -K I l O a4-i,-7 GLrUn `�O—L�a ccrr Address: es i4oD_ %�off,ra City/PO: State: Zip Code: �Jq I.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 IF],U may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2-. Does the proposed-action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: .RZ , 3.a.Total acreage of the site of the-proposed action? a O acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur pn,adjoining and near the proposed action. m! ❑Urban El Rural(non-agricplture) []Industrial ❑Commercial esidential(suburban) El Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ^❑ b.Consistent with the adopted comprehensive plan? ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural f Z landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: FZZ11 l ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation servicc(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: _— ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: - ❑ tZ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? ❑ 13.-a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain N(Y YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:_ 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? a ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO__ YES If Yes, ❑ Q a.Will storm water discharges flow to adjacent properties? NO ❑YES b,Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: [:]NO ' ]YES Page 2 of 4 •9 ►7 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g retention pond,waste lagoon,dam)? If Yes,explain purpose and size- 19 Has ize•19Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: ._ --_ ® F 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: __- 1 AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE `^ Applicant/sponsor i Date: 3 Sip-nature: 1 4 -,___, Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur I: Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? _v�. 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? FA t� 4. Will the proposed action have an impact on the environmental characteristics that caused the j establishment of a Critical Environmental Area(CEA)? (� S. 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. Wil I 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, o 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)? IU Page 3 of 4 r - - No,or Moderate small to large impact impact ; may may j occur occur 10. Will the proposed action result in an increase in the potential for erosion;flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. (� Check this box if you have determined,based on the information and analysis above,\and-any supporting documentation, l J that the proposed action may result in one or more potentially large or significant adverse impacts and an Ke nvironmental vironmental impact statement is required. heck this box if you have determined,based on the information and analysis above,and any supporting documentation, the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency r Date President _ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer T Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT Page 4 of 4 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Ot CL � �1� ��Ck- tI 6_residing at_��O C� . i (Print property owner's name) (Mailing Address) �J jakjo do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (O is Signature) (Print Owner's Name) l AGENT/REPRES ENTATIV E 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. f �,^ i YOUR NAME:. 4IXY A Y —Ao t/! (Last name,first name,middle initial,unless you are applying in the name of somleone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP SHARON MAIFR YORK _ NOTARY pU13UC STATE OF NEW Submitted 7th* day of a3 cJt(\ 2o (� SUFFOLK OOUNT°( LIG. tWi .E25 Signature C Gomm.EX �- Print Name CN 1 t >/ '^1 APPLICANT/OWNER 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: b Lg 3�v Q (Last name,first name,mid le 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.) V TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest:"Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town offic r employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this % day of V V�c Signature Print Name .. BRIAN id lei:RAGHTY Notary Public,State O'New York ; .� No.01GE6334555 Qualified in Suffolk County Commission Expires Dec,21,20 1 ' APPLICANT/OWNER 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•• ` I 1 Cl- r t (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tag grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO _ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSIIIP Submittedthis day of 20 Signature Print Name ` '���/�'� Ccr/�G�/2 BRIAN A GERAGI I T Y Al, Notary, Public,State of NewYork =..�1 No.01G�u334555S ?; Qualified in Suffoik County Commission Expires DC-C.21,?u Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explainied in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# PROJECT NAME �alto—, o. The Application has been submitted to(check appropriate response): �� Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees 1. Category of Town of Southold agency action(check appropriate"response): (a) Action undertaken directly by Town agency(e.g.capital - construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: ❑ Nature and extent of action: V cyan C.Jp J�Dc go'-b0 t Location of action: 2-00 -�P Site acreage: ( o-1 <5t— Present land use: 2.P_Sc c`,psU'1 Present zoning classification: `�`T® 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: A 41 on'A (b) Mailing address: �—�- I.�a (c) Telephone number: Area Code (d) Application number,if any: 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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 E4Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable 1 o' Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No Not Applicable 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 Attach additional sheets if necessary Policy 5. Protect and improve water duality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes'0 No Not Applicable 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. ❑ ❑ [A M A Yes No Not Applicable 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 ❑ NoR Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LMW Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9." Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—PoIicies; Pages 38 through 46 for evaluation criteria. ❑ YeO No Not Applicable Attach additional sheets if necessary A �A WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No J,Not Applicable 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 ❑ NF24 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ NORI Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑Yes ❑. No-o Not Applicable PREPARED BY��QV) O'��` `C� TITLE DATE—7 3 i� t 4 ; Y r - ti:9> • Y BOARD MEMBERS o f SoU Southold Town Hall Leslie Kanes Weisman,Chairperson �� Ty0- 53095 Main Road•P.O.Box 1179 �� lQ Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer N Town Annex/First Floor,Capital One Bank George Horning ® �� 54375 Main Road(atYoungs Avenue) Kenneth Schneider ZO Southold,NY 11971 htq),Ilsoutholdtown.northfork net ZONING BOARD OF APPEALS ECEIVED TOWN OF SOUTHOLD 5 Tel.(631)765-1809•Fax(631)765-9064 (� lj� 3 2014 lathoould Town Clerk FINDINGS,DELIBERATIONS AND DETERM NATION MEETING OF NOVEMBER 6,2014 ZBA FILE: 6773 NAME OF APPLICANT:William F.Grella and Gary D.Osborn SCTM: 1000-117-7-30 PROPERTY LOCATION: 1200 First Street(adj.to Great Peconic Bay)New Suffolk,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type R category of the State's List of Actions,without further,steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 27, 2014, stating that this application is considered a matter for local determination as there appearrs 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 Aug. 21, 2014. Based upon the information providod'on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed request for less than the required front yard setback of 35 feed,less than the code required rear yard setback of 35 feet,less than the code required single side yard setback of 10 feet, and less than the code required combine side yard setback of 25 feet are EXEMPT from Coastal Consistency Review.Furthermore,the request for proposed lot coverage of 38.2%where 30%is allowed by Code, and thg proposed bulkhead setback of 21 feet where 75 feet is required by Code is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. On September 16,2014,the Board received an amended Notice of Disapproval, correcting the Zone District from R40 to ME. Based on the new Notice of Disapproval the setbacks and lot coverage changed as follows; a front yard setback required of 35 feet,minimum side yard setback of 25 feet, combined side yard setbacks of 50 feet and maximum permitted lot coverage of�0 percen�. The new side yard setbacks are still exempt. However, the applicant has proposed a reduction of lot coverage from the existing 66.9%to a proposed 38.2%where 30%is allowed by code,an increase of the bulkhead setback from the existing 2 feet, to the proposed 21 feet, and the relocation and construction of a new county- certified septic system.Based upon these mitigating factors it is our recommendation that the proposed request for proposed lot coverage of 38.2% and the proposed bulkhead setback of 21 feet are therefore CONSISTENT with LWRP policy standards, and therefore is CONSISTENT with the LWRP.Furthermore, the proposed construction of more than the code permitted 2.5 stories is proposed to render the structure FEMA flood zone compliant,and is therefore CONSISTENT with LWRP policy standards,and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 3621 sq. ft. parcel in the MII Zone. The property has 3512 sq.ft. of buildable land. The northerly lot line is adjacent to a single-family dwelling similarly nr Page 2 of-3—November 6,2014 ZBAN6773—Grella/Osborn SCFMH1000-117-730 located in the ME Zone. The easterly lot line abuts the waters of Great Peconic Bay. The southerly lot line is adjacent to a larger property currently serving as a boat yard also located within the MII Zone. The westerly lot line lies along First(1�`)Street.A large portion of the property is located in FEMA flood zone VE el 8,with almost all of the rest of the property located in FEMA flood zone AE el 6. BASIS OF APPLICATION:Request for Variances from Articles XXIII,XXII and Ill,Sections 280-56,280-116B and 280-14(Bulk Schedule)and the Building Inspector's August 7,2013,amended and renewed May 19,2014, amended June 2,2014,amended July 14,2014,Amended September 16,2014 Notice of Disapproval based on an application for building permit for partial demolition,reconstruction,additions and alterations of an existing single family dwelling,at; 1)less than the code required front yard setback of 35 feet,2)less than the cede required single side yard setback of 25 feet,3)less than the code required combined side yard setback of 50 feet,4)more than the code permitted maximum lot coverage of 30%,.5)less than the code required bulkhead setback of 75 feet,6)more than toe code permitted 2 stories. RELIEF REQUESTED: The applicant requests Six (6) variances to partially demolish, reconstruct, and make additions and alterations to an existing single family dwelling with 1) a proposed front yard setback of 3 feet, where 35 feet is required by Code; 2)a proposed 2.7 ft.side yard setback where 25 feet is required;3)a proposed combined 13 feet side yard setback where 50 feet is required; 4) a proposed lot coverage of 38.2%, where a maximum of 30%is allowed;5)a variance for a proposed bulkhead setback of 21 feet where 75 feet is required by code; and 6) a proposed building height of three (3) stories, where no more than two (2) stories are allowed by Code. ADDITIONAL INFORMATION: The file contains a document published Dec. 19, 2013 by the NYS Dept. of State,Division of Building Standards and Codes,and designated as a Uniform Fire Prevention and Building Code Technical Bulletin titled"Determination of Stories Above Grade in elevated One- and Two-Family Dwellings in Flood Zone Hazard Areas,"which was deemed to be inapplicable to this application in a related code interpretation (see ZPA File#6789).The file contains a Letter of Non-Jurisdiction from the NYSDEC dated Aug. 16,2013.The file al§o contains a letter submitted from a neighbor living on the opposite side of 1st St. who is objecting to the applicant's proposed project. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept.4,2014,and on Oct.2,2014,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspecpon of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A single family dwelling is a permitted structure within the MQ zone.The existing dwelling was constructed in 1962,without the need for any variances.The structure has a valid CO. The proposed partial demolition, reconstruction, additions and alterations to the existing single family dwelling will substantially reduce the current degree of non-conformance on this small lot. The subject structure must be elevated to FEMA requirements to protect the property. 2. Town Law 4267-b(3)MM.The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than with the grant of area variances. The existing structure was constructed in 1962, and is located on a small non-conforming parcel. There is no feasible conforming area on the parcel available to move the structure, even if it was feasible to move it. The new construction required to make the structure FEMA flood zone compliant cannot be done without the grant of variances. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a front yard setback of 3 feet where 35 feet is required is mathematically substantial,representing+91%relief from the code.The variances granted herein for a single side yard setback of 2.7 feet where a minimum of 25 feet is required,and a combined side yard setback of 13 V Page 3 ot3—November 6,2014 ZBA#6773—Grella/Osborn SCTM#10000.117 7=30 feet where a minimum of 50 feet is required are substantial,representing 89%and 74%relief from the code.The variance granted herein for lot coverage of 38.2%where 30% is allowed by code is substantial representing 27% relief from the code. The variance granted herein for a bulkhead setback of 21 feet where 75 feet is required by code is substantial representing 72% relief from the code. However, with the removal of the nonconforming decking and concrete planters,total lot coverage will be decreased from the current 66.9%,and the distance to the bulkhead will be increased from the current 2 feet. Moreover,there is no conforming area on this small parcel that is outside of the flood zone areas, or that is available to relocate the existing or the proposed reconstructed structure. In accordance with a related ZBA code interpretation in File#6789,dated Nov.6,2014,a variance for a proposed non-conforming third story required to make the existing single family dwelling FEMA compliant,is no longer required. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicpt will construct a new,county certified septic system. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code,and the applicable regulations of other Town,county,and state agencies. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created.The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly reconstructed FEMA compliant single family dwelling,while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESO 1 ON OF THE BOARD: In considering all of the above factors and applying the balancing test under New Vork Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variances as applied for, and shown on the survey drawn by John T. Metzger, Licensed Land Surveyor,last revision dated May 28,2014.Subject to the following conditions; CONJTIONS: 1.The stone and concrete retaining wall planters in the front yard shall be removed. 2.AC equipment will be relocated to the southern side of the structure,adjacent to the marina. 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 apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board ofAppeals. 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 mWmis in nature for an alteration that does not increase`the degree of nonconformity. Vote of the Board. Ayes. Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer.This Resolution was duly adopted(5-0). 4 Fifu < Leslie Kailes Weisman,Chairperson Approved for filing /, /fU /2014 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson ����SUpryp 53095 Main Road•P.O.Box 1179 �4 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer S Q Town Annex/First Floor,Capital One Bank George Homingw�i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQU0 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 7 Tel.(631)765-1809•Fax(631)765-9064 NOV 1 3 2014 04"4Q S thold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 6,2014 ZBA FILE:6789 Interpretation NAME OF APPLICANT:William F.Grella and Gary D.Osborn SCTM:1000-117-7-30 PROPERTY LOCATION: 1200 First Street(adj.to Great Peconic Bay)New Suffolk,New York 5EORA 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. 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 Aug. 21, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to tis department, as well as the records available to us, it is our recommendation that the proposed construction of more than the code permitted 2 stories is proposed to render the structure FEMA flood zone compliant, and is therefore CONSISTENT with LWRP policy standards, and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 3621 sq. ft. parcel in the MU Zone. The property has 3512 sq. ft. of buildable land. The northerly lot line is adjacent to a single-family dwelling similarly located in the Mil Zone. The easterly lot line abuts the waters of Great Peconic Bay. The southerly lot line is adjacent to a larger property currently serving as a boat yard also located within the MII Zone. The westerly lot line lies along First(I")Street.A large portion of the property is located in FEMA flood zone VE el 8,with almost all of the rest of the property located in FEMA flood zone AE el 6. BASIS OF APPLICATION:This is a request under Section 280-146D for an Interpretation of the Town Code,Article III,Section 280-14(Bulk Schedule),and Section 56,and Bulk Schedule 280 Attachment 3 appealing the Building Inspector's August 7,2013,amended and renewed May 19,2014,amended June 2,2014,amended July 14,2014,revised September 17,2014 Notice of Disapproval for a building permit for partial demolition,reconstruction,additions and alterations to an existing single family dwelling,at; 1)more than the code permitted 2 stories. Page 2 of 3—November 6,2014 ZBA#6799—Grelle/Osborn SCTM#1000-117-7-30 RELIEF REQUESTED: The applicant requests an interpretation of Town Zoning Code Section 280-14, Bulk Schedule 280 Attachment 4,and Section 56,Bulk Schedule 280 Attachment 3 to determine whether the piling structural foundation with non-habitable ground level space required for FEMA compliant building construction shall be considered a first story,as defined by the provisions of the Southold Town Code, and that limit a principal structure(residential and/or commercial)to 2 stories in specified Zones and to 2.5 stories in other specified Zones that contain properties lying within designated flood hazard areas. BACKGROUND INFORMATION:.The file contains a document published Dec. 19,2013 by the NYS Dept.of State,Division of Building Standards and Codes,and designated as a Uniform Fire Prevention and Building Code Technical Bulletin titled"Determination of Stories Above Grade in elevated One-and Two-Family Dwellings in Flood Zone Hazard Areas".This bulletin was reviewed in its entirety by the Southold ZBA during the development of this Southold Town Zoning Code interpretation. As is stated in the subject document,"the purpose of this Technical Bulletin is to assist the Code Enforcement Official ("CEO")in determining the number of stories above grade in(1)a new one-or-two-family dwelling in which the lowest floor has been elevated in order to comply with the flood-resistant construction requirements of the Residential Code of New York State(the"2010 RCNYS")and(2)an existing one-or- two-family dwelling that has been elevated in order to comply with the flood-resistant construction requirements of the 2010 RCNYS".Thus,the Bulletin is a tool to be used by the Building department to exclusively determine whether the installation of a fire suppression system is required for public safety purposes.The Bulletin is not to be used for determining stories for any other purpose. In fact,the Bulletin clearly states: "the number of`stories above grade' in a particular dwelling,as determined pprsuant to the guidance provided in this Technical Bulletin,should be used solely for the purposes of the Uniform Code,i.e.,solely for the purpose of determining(1)whether the dwelling is subject to the RCNYS or the Building Code of New York State(the`BCNYS")and(2)whether any particular provision of the RCNYS or BCNYS applies to that dwelling. To the extent that any law other than the Uniform Code(e.g.,any local zoning ordinance)requires determination of the number of stories(or stories above grade)of a building,such determination should be made in accordance with the provisions of such other law,and not in accordance with the provisions of the Uniform Code and/or in accordance with the guidance provided in this Technical Bulletin". In accordance with the above,the ZBA will make its interpretation solely on the basis of the relevant Southold Town Code. FINDINGS OF FACT/DETERMINATION: The Zoning Board of Appeals held public hearings on this application on September 4,2014,and on October 2,2014,at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1.A single family dwelling is a permitted structure within the MH Zone. 2. Southold Town Zoning Code Section 280-56 and Bulk schedule 280 Attachment 4 limits all principal structures in the MII Zone(and the HB,GB,MI,LIO,and Ll District Zones)to a maximum of(2)stories. 3. Southold Town Zoning Code Section 280-14 and Bulk Schedule 280 Attachment 3 limits all principal structures in the AC,R40,R80,R120,R200,R400,HD,RR,RO,and LB District Zones to 2.5 stories. 4.The type of structure subject to this interpretation will contain no cellar or basement space as those terms are defined as cellar or basement in Town Code. Page 3 of 3—November 6,2014 ZBA#6789—GreRa/Osborn SCTM#1000-117-7-30 5.The type of structure subject to this interpretation will be elevated on pilings,possibly with a concrete slab floor at the grade level.The pilings will constitute the structural foundation of the structure. 6.The type of structure subject to this interpretation will be located in areas where the structure has to be elevated on pilings so to render the structure FEMA flood zone compliant. 7.A story is defined in Southold Town Zoning Code as"that part of any building,exclusive of cellars but inclusive of basements,comprised between the level of one finished floor and the level of the next higher finished floor,or if there is no higher finished floor,then that part of the building comprised between the level of the highest finished floor and the top of the roof beams". 8.A"finished floor"is not specifically defined in Southold Town Code. DETERMINATION Based upon the FINDINGS OF FACT cited above,and the definition of a story in the Southold Town Code,the Zoning Board of Appeals hereby makes the following interpretation of the code: 1. A floor is not a"finished floor"when it is constructed at grade with a concrete slab floor,as the bottom of an unconditioned non-habitable space of a structure that is located within a designated flood zone,and that is required to be elevated on pilings in order to be compliant with FEMA regulations. 2. When an existing or proposed new structure is/will be located within a designated flood zone and therefore must be elevated on pilings for FEMA compliant building construction,the space created by the pilings foundation shall not be considered a"story"so long as it is non- habitable/unconditioned,unenclosed,or if enclosed with either breakaway walls or lattice. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning, seconded by Member Weisman(Chairperson),and duly carried,to To APPROVE the DETERMINATION. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning Dantes, Goehringer. This Resolution was duly adopted(5-0). c Le ie Kanes Weisman,Nairperson Approved for filing// /2014 Ta ..G •.S":'.L:'.;:,�'n wt hx r,�yp`i35N- . �,- •�,+"�el f*';y*av1.` W+ir,� ^f?T"""6$"5 L�"'S.`-VVak !s-4 1r'.r,+4>°a'S`^°`S%"<:..,..,�. _ v ?,��yyynMx�"`'`�'K�'Ci'3dp� s�"•.4';f.'l=r�'��i1 _ •R 'rj�.. - ? 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SAND, DWELLING FEB. 28, 2011 (REVISIONS) SOME MED. TO FINE 17' GR. (SW) MAY 14, 2014 (REVISIONS) N S82 53'00"E MAY 28, 2014 (REVISIONS) RAIN RUNOFF CONTAINMENT ("d GAS= 1 70.59' r/0 NOV. 17, 2014 (REVISIONS) `�' SHm N ` z � @LAWDNOV. 5, 2015 (REVISIONS) BUILDING 1343 sq.ft. C a r,E LI MJ Fye 6.7' JUNE 1, 2016 (FINAL) 1343 x 1 x 0.167 = 224 CU.FT nr JUNE 8, 2016 (REVISIONS) 224/422 = 5.3 VF jj1 40.0 JUNE 14, 2016 (REVISIONS) PROVIDE (3) DWs 80 X 2' DEEP (�L� it o ZaVE I QONG,mNE W AE ALC ALL DOMESTIC WATER wE11s 3 a Eze feet I N h DW KUDO SEPnC SYSTEM RETAINING WALL WITHIN 150' OF PROPERTY ARE 4l �W/$ A" I �' _�` _ ' Ash rz'�►os NOT ro scuE S�V STORY I CSE C� 4 CQy 71 G INC. K 641R�kMVT 8' TOP OF WALL EL8.7:' tv SHOWN ON SURVEY FL QC _� �pl,H�OU�SE pc t $ ,-,�` o I O d►V OC7t�g�7[2013 SEP77C SYSTEM a W Q ro �N L 14.0- i "ON oy FLR >; _ O C�fyr -- , -/5 ARO 18'(HOR2.) (1) 1000 GALLON PRECAST SEP71C TANK O S7t71N 'S m , I p (3) 4.75 x 8.5 x 3' DEEP GALLEYS 1� WITH SAND COLLAR 9 (SW) 2' �1 O G S ®4 75 2�t5' y 'UNNG \, : m 1 W•) I DW � � I s RE9AR o 10' r ABOVE GROUND WATER ^ AINNG �r� , ---, -- ; 8.4' y� -- WALL h p �+y GRADE VARIES -: h , i �iWWW OOM LOT COVERAGE `� --` �`�iKcj sMr.TVRW N �r�' O fonHDHOOK 100 BUILDABLE LAND = 3512 sq.ft. p 1A1. ---- TI4IXIS7ING BUILDINGS WITH DECKS = 2351 sq.ft /'WO8, 9 2351/3512 ='66.9X OWN �P A�O S Now �- 0 0 0 REHABILATED BUILDING = 1343 sq.ft. N82-5,3-00- 1343/3512 = 38.2% �53'OO W m QgIJg►o_ / REBAR o 10l EACH war 1N Foonac NOTE: N/O/F 72 7'2 NOTES. SUBSURFACE SEWAGE DISPOSALHILIP LORIA 1-CONCRETE TO BE 3000 PSI P SYSTEM 2-STEEL TO BE 60 KSI BY- DESIGN JOSEPH SCHETII~ PE ACANT 3-ENGINEER TO CERTIFY THE FINAL HOBART ROAD CONSTRUCTION OF RETAINING WALL AS REQUIRED SOUTHOLD, N.Y. 11971 BY HEALTH DEPT. (631) 765-2954 ENGINEER TO BE CALLED TO INSPECT THE REINFORCING BEFORE PLACEMENT OF CONCRETE SEP77C SYSTEM DETAIL NOT TO SCALE F.F.EL 14.0' ' EL 8.7 - CAST,IRON FRAMES FINISHED GRADE �,• -s ti 4 AND COVERS TO GRADE EL a7' FLOOD ZONES FROM FIRM #36103CO501H 24" 1. ASowARY LE LE 12 6M1f/N I MAS ARY CHIMNEY x T, \ ELEVA77ONS ARE REFERENCED TO NA VD 88 r ^[` T, ML 1/4'PER FOOT 76, { 18' LE ®®®IE The location of public water, wells and cesspools shown hereon are MINIMUM PITCH 711/6 PER FOOT_/E10®®m 30' t from field observations and or from data obtained from others. M1N.4'DIA PIPE MINIMUM PITCH —7D' ME IR and there locations are not guaranteed 4'MINA'DIA PIPE min. 2 p,(3)�O feet deep galleys - S. LIC.' NO. 4961E ANY AL7F'RA77ON OR ADDI77ON TO THIS SURVEY IS A WOLA77ON 1500 GALPRECASr, WATER EL-1.O• PE R P C. OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. s�ncrAl�lxs'clarlm DEP, o EXCEPT AS PER SEC71ON 7209-SUBDIVISION 2. ALL CER7IFICA770NS " (6 31 k7?A 631) 765-1797 HEREON ARE VALID FOR 7HIS MAP AND COPIES THEREOF ONLY IF P.O. B SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR AREA-3,621 SO. FT 1230 TREE T WHOSE SIGNATURE APPEARS-HEREON. TOM LINE SOU7NOLD, N. Y. 11971 86-114 t 517E LAYOUT NOTES, I. THIS 15 AN ARCHITECTS SITE PLAN 6 15 SUBJECT TO VERIFICATION BY A LICENSED _ SURVEYOR. THE INFORMATION REPRESENTED ON THIS SITE PLAN 15 THE ARCHITECT'S BEST OF KN0WLEDC7E. 2.SURVEY INFORMATION WAS,OBTAINED FROM A SURVEY DATED JUNE 14,2016 AND PREPARED BY, JOHN METZ&ER PECONIC SURVEYORS,P.G. 1230 TRAVELER STREET SOUTHOLD,N.Y. IIq"fl TELEPHONE, (631) 165-5020 r BULKHEAD '10.5q' 582°53100"E 400' COW.TAO.E I O WOOD JETTY eAW O FAVORS ON SAND U1 1 1 N TIDAL WETLANDS BOUNDARY AS PER SUFFOLK w ENVIRONMENTAL C0NSULTINO •� 'Na p $ INC.ON 00TO5ER-1,2013 AREA 2 STORY _____ Q, I FRAME HOUSE r PIR@IT S ;n ON PILES g IA43 S.F. i I I WOOD JETTY LAW AREA PROr.AoD en:Pe \ '1 W �`�✓,•• / PARor n APPLIGAnO1TV THI6 LJ �[/ 0 PLANTEIR O� p FAVORS ON SAD NO? zU o P97MASNT GONG.STEPSLAM �. MANAISW ,WEAtamuzo PAREEAINO rtAn°I{PALL A6-MILT CuToom b F WOOD JETTY PLANTED AREA '72.772' PROJECT. N82°53'00"W GRELLA BULKHEAD RESIDENCE 1200 FIRST STREET NEW SUFFOLK,NY 11956 R I G E• SITE PLAN [��AL-100 SITE PLA14 oAre.oT�w1T scntF,r.Is' MAHO&ANY PANELS 2'X8' TILE BASE 61RDER5 UPON SAND ABOVE STEEL JOINTS MAHOGANY PANELS ' in w it r SHOWER 2 HEAD _ I IIN <V . it SCALE,7/4•.I'-0' SHOWER PLAN SHOWER SECTION SCALE,1/4'.P-0' SCALE,1/4'.I'-0' i Q n 2"X8" 2"X8" OI RDER 61 RDER N 9 405 I MAHOGANY MAHOGANY `fl PROJECT. PANELS PANELS .9 GRELLik RESIDENCE 1200 FIRST STREET NEW SUFFOLK,NY 11956 DRAWINGTITLE: SHOWER DRAWINGS SHOWER ELEVATION SHOWER ELEVATION PAGE, SCALE,1/4'.1'-0' SCALE,1/4'.I'-0' A-200 DATE.07/11/17 2 OF 2 SITE LAYOUT NOTES. I. THIS IS AN ARCHITECTS SITE PLAN 8 IS SUBJECT TO VERIFICATION BY A LICENSED SURVEYOR. THE INFORMATION REPRESENTED ON THIS SITE PLAN IS THE ARCHITECT'S BEST OF KNOWLEDGE. 2.SURVEY INFORMATION WAS OBTAINED FROM A SURVEY DATED JUNE 14,2016 AND PREPARED BYI JOHN METZOER PECONIC SURVEYORS,P.G. 1230 TRAVELER STREET SOUTHOLD,N.Y. 114MI TELEPHONEo (631)'165-5020 W o: t 9 a a BULKHEAD E ' S82°53'00" 70.59' 40.0' c014.TAULE HOOD JETTY ' Illyyy SASE Q Q PAVERS ON SAND TIDAL WETLANDS BOUNDARY Bg AS PER SUFFOLK w N ENVIRONMENTAL CONSULTING PARER O �` INC. ON OCTOBER'7,2013 AREA STORY p __ _ _FRAME HOUSE r FIREPIT g IN 00 ON PILES 15 1,343 S.F. i h [�I I-►1 I i Wow I WOOD JETTY LAMI PROP.P1000 STEPS AREA yy�f IMar PART IOATIC OP THIS x 9,,D APPI. LI Ei:L 'PLANTER k1l 9ANoeowO ASEP P�� ''IIWOOD JETTY ED AREA 72•-I2' PROJECT: N82°53'00"W �' GRELLA RESIDENCE M p0 r� 1200 FIRST STREET LOT COVERAGE: NEW SUFFOLK,NY 11956 REHABILITATED BUILDING - 1,343 SOFT. �`Z' �< DRAWING TITLE: 1343/3512 = 38.295 2 r SITE PLAN AS-BUILT SHOWER - 41.25 SQ.FT. 4 1564,25/3512 = 39.495 PAGE 3 �'� r A-100- X7400 5 yp�' 51TE PLAN ` DATE O9/O9/ST 1 OF 2 WAL@. 1'-15'