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HomeMy WebLinkAbout7170 i Kru, ev, Lem ! q Nasfau -hms a�dal- � a11 e�,C--, v -7119 S 7 �� rzc Ic p 1 � V c3"�C CHECK BOXES AS COMPLETED U ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes foil c> o a O ( )"Assign next number CL CL outside of file folder '" � y ( ) Date stamp entire o 0 file number ( ) Hole punch entire of v = = -° o o � r (before sending to T " D m O m G) c ) Create new index c 0 rn = X v v ,— ( ) Print contact info & CD v w C CLm ( ) Prepare transmittal ; (nCn ( ) Send original applica @ O0 z 0 cQ cn to Town Clerk 3 � ( ) Note inside file fold and tape to inside o 3 ( ) Copy County Tax Ma neighbors and AG to i ( ) Make 7 copies and p ( ) Do mailing label C()pt 349 p,19 abybs t6�-Ifwar NO r<- AJO Pco2s OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®� So P.O.Box 1179 54375 State Road Route 25 ®� ®�® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 a� http://southoldtowuny.gov Cou ZONING BOARD OF APPEALS Town of Southold RECEIVE® FINDINGS,DELIBERATIONS AND DETERMINATION I �, ''/ - MEETING OF JUNE 21,2018 J U N 2 7 2 8� ZBA FILE: 7170 Youthold Town Clerk NAME OF APPLICANT: Tracy Weiss and Lee Kruter PROPERTY LOCATION: 9475 Nassau Point Road, Cutchogue NY SCTM: 1000-119-1-1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 16, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated May 15, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP evidenced by the fact that the proposed 8' x 17.4' (139.20 sq. ft.) deck/covered porch will not be located further seaward of the existing dwelling unit. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County SWCD. According to the information provided in a letter from the agency dated April 19, 2018, following an inspection conducted on April 4, 2018, the agency found the bluff face is showing signs of rill and gully erosion due to irrigation sprinkler heads located directly at the crest of the bluff edge and that the bluff face is heavily littered with landscaping debris which can lead to increased instability over time. Furthermore, the top of the bluff face is manicured and mulched which, like the landscaping debris, will deter necessary vegetation from establishing, leaving the surface vulnerable to runoff and erosion. The bulkhead was also evaluated and appears to be in good condition. A tree in the general vicinity of proposed work was noted and it is not recommended to disturb this tree as it would cause substantial ground disturbance. The office further recommends that the sprinkler head(s) located at the top of the bluff face be removed, as irrigation can eventually lead to severe erosion. PROPERTY FACTS/DESCRIPTION: The subject, irregular shaped, 93,216 square feet, conforming parcel, located in the R-40 Zone measures 412.28 feet along the northern property line shared with a residential neighbor to Little Peconic Bay and then runs alongside wood bulkhead at the high water mark 29.58 feet southeast to 51.52 feet south, to 51.03 feet southwest, then 18.07 feet and 81.40 feet south, all along the Tie Line before returning 440.30 feet along the southern property line shared with a second residential neighbor toward Nassau Point Road Page 2, June 21, 2018 #7170, Kruter SCTM No. 1000-119-1-1 and continues along the roadway 136.96 feet and 100 feet along the Tie Line with an irregular curve forming the western lot line. The parcel is developed with a two-story, wood-frame house, proposed addition, deck, walkway, gravel drive, stone retaining walls, multiple stone patios and a frame cottage at the water's edge landward of the bulkhead accessed via a stone walk and steps as shown on the survey prepared by John T. Metzger, Peconic Surveyors, P.C. and dated February 27, 2018. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-116 A(1) and the Building Inspector's January 16, 2018 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 9475 Nassau Point Road, Cutchogue,NY. SCTM#1000-119-1-1. RELIEF REQUESTED: The applicant requests a variance to extend an existing covered screen porch by 140 square feet approximately and measuring, 8 feet by 17.4 feet, on the south side of the residence, 45 feet from the top of the bluff where the Code requires structures to be set back a minimum of 100 feet, as shown on the contractors drawings prepared by Joe Read, Joe Read Design and dated November 20, 2017. ADDITIONAL INFORMATION: A mature oak tree is growing southwest of the proposed addition. The applicant's agent expressed interest during the public hearing to preserve this tree. No member of the public or an immediate neighbor spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 7, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law X267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Nassau Point neighborhood was developed prior to Zoning and many homes are sited on smaller or narrower lots than the applicant's. The subject parcel is substantially larger in size than what the Code requires for a single family residence in the R-40 Zone and the house is set back off the road nearly 300 feet. As a benefit of the natural terrain, mature landscaping and undisturbed lands belonging to the applicant at the southeast portion of the lot, increasing the size of the current porch by 8 feet will have no visual impact from the road or water. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing home is sited at 45 feet from the top of the bluff at the closest point, so any addition to the dwelling on the seaward side will require valance relief. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 55% relief from the code. However, the existing structure and covered porch was built prior to the current bluff setback requirement of 100 feet and the applicant proposes to maintain the existing waterfront fagade and the existing non-conforming bluff setback of 45 feet. The side yard setback on the north side of the residence is over 50 feet and the combined side yard setback is well over 150 feet, substantially greater than the Code requires. A greater hardship would be incurred to relocate the covered porch addition anywhere on the existing residence and would potentially create the need for more substantial relief than the maintenance of the existing waterside fagade, 45 feet, at its closest to the top of the bluff. Page 3, June 21, 2018 #7170, Kruter SCTM No. 1000-119-1-1 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-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 an enlarged covered screen porch 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 267-13, motion was offered by Member Planamento, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the survey prepared by John T. Metzger, Peconic Surveyors, P.C., and last revised February 27, 2018 and the contractor's drawings prepared by Joe Read, Joe Read Design and dated November 20, 2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Per Suffolk County Soil and Water Conservation District recommendations dated April 19, 2018, sprinkler heads at the top of the bluff are to be removed, and the existing mature tree southwest of the proposed addition is not to be disturbed. 2. The covered screen porch shall not be enclosed or conditioned without further review by this Board. 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 variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Page 4, June 21, 2018 #7170, Kruter SCTM No. 1000-119-1-1 Vote of the Board: Ayes: Members Weisman (Chairperson),Dantes,Acampora, and Planamento (Member Lehnert abstained): This Resolution was duly adopted(4-1). ,, , T"zh,- Leslie Kanes Weisman Chairperson Approved for filing 61 �S /2018 STREET ADDRESS: 9475 NASSAU POINT ROAD SURVEY OF PROPERTYE,C AT NA SSA U POINT . Cif� L TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 2(7�►tr�c 1000-119-01-01 SCALE 1'=30' FEBRUARY 14, 2012 NOVEMBER 21. 2017 (PROPOSED DECK) FEBRUARY 27, 2018 (PA71O'S LOCATED) / g m r = (440, J 1 ` 6 nF L OT 71 p nN ry�ryry j N J p tiFgo 0o I � C \ 1 I 5 j INE WALL •- W a L26� 24� 20 r E --2� ! ���2� o m N82.00 00 _ 13 — \\� o C, rnrn O UNDERGROUNND I I 1 \ 19 6 N PROPANETANKJ WALL 0 AC UN T2{12 4f 2.s' 5' STo / / u 072 7 2 GENERATOR o tiF P cp ?4 / W � STORY \ / I ) r•~+ `� L� A W j a 5.6' AME Hryc� OUSEI / � g \ 3 �/ � ►��1 F.F. ai 0 � .9 co 22.2 ' WALL 14.0' BLUESTONE "3�6\ 1 \ �� ry m n O LANDING/WALK 8� \ to N \\ D o 1 'SAVE � ,_ 10.6' � O Q � c I II ( �✓ y i . CURBD 17.4' I/ 1 o f GRAVEL ❑ v co 0 t0 GI I D JIIIiIIII � I c n x N I I m J D B.B• CURB D45. O / PROPOSED III r UTI❑Ty ECKS O 0' 151 o POLE e I I z GUY WIRE 3 �_ 17.4' 9.1 5.8 III I I I I I o N w UTILITY . 14.9' I I IIIII c: m POLEBLUESTONE IIII o m / o 0 BLUESTONE PATIO PATIO I III ( W/STANCHIONS_ IIII I ao m I W/STANCHIONS I I I I ELEC�IC METER —" z ! m 00 LOT 73co i \\3�6�� 1� 111�1111� 'NI I i IF / 440.30, TM FINAL MAP W WI Pow REVIEWED BY ZBA oSEE DECISION # `1 o — . - L.OT 74 unLITY oI " " DATED 6 /--Ll l� K -- POLE ZI nun _ i ' LOT COVERAGE EXISTING: - - - - - � - - - - - - - POLE S7a.42'10 W EXISTING STRUCTURES 2,886 S.F. EXISTING GRAVEL DRIVEWAY 4,109 S.F. I LOT COVERAGE PROPOSED: 6,995 S.F./96,216 S.F. = 7.27% LOT COVERAGE EXISTING STRUCTURES 2,886 S.F. PROPOSED DECK 140 S.F EXISTING GRAVEL DRIVEWAY 4.109 S.F. 7,135 S.F./96,216 S.F. = 7.419 LOT COVERAGE OF NC LOT NUMBERS REFER TO "AMENDED MAP A OF NASSAU POINT, '�' ,��� OWNED BY NASSAU POINT CLUB PROPERTIES, INC" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AUGUST 16, 1922 AS MAP NO. 156. = y 4 , ,t LIC. NO. 49618 ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLATION PECONIC3 URYEYORS, P.C. OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. 631 �'6 '-?60'FAX (6 31)AS PER SECTION 7209-SUBD/VIS/ON 2. ALL CER77RCA77ONS ( ) ( 31) 765-1797 AREA=93,216 SO. FT. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 7RA VELER STREET ELEVATIONS REFERENCED TO N.A.V.D. '88 TO TIE LINES WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 12-115 1413/3'-0 5/11/1 4" „ 4" 4" 4" - - - \ 2872FX 2872FX 19410PT T 3274PT 35410PT 35410FT 35410PT W m i 2"X-F-FIR-DE6Kr m m — Z O ;r r EX15TING COVEREED PORG = IL EXI5TING LIVING AREA '" j- — — 9'?"X 1l'4" PROPSED ADDITIONAL DECK v -- .- r 8'X 1T4" tu EXI5TING LIVING AREA _� Q o - Zo oil r _ — m 1, � ` o 7-� U3 4074FX 3274FX 110410PT 3274PT 3541OPT 35410PT 35410PT r -EXPANDED DECKZ IL . ED DECK EXTEI�TIO�I Ln Z -1 T T-'-T k) -FY I I L 11 1 T CEDAR SHINGLE MATCH EX15TINO ROOF -ITTT .fl d- DZ -- ------ -- -- -- - - --- -- --- }' Qom" CD �- Lu �D N } w z - REMOVABLE � e-- SGREEN5 cn Z d W ( J 111 IY O H W D = � r b" 1' b" boo 6" 17 ELEVATION � � ,V B MAI D,�TE. FINIAL FAMP ' - DECISION c � 11/20/11 DATED 5GALE: SHEET: A'- 1 1 p' OFFICE LOCATION: ��OF SO(/fy® MAILING ADDRESS: Town Hall Annex °`o l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q � � �® Telephone: 631 765-1938 Southold,NY 11971 Ol Fax: 631765-3136 ycOUNT`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM ! +�EI\% TOWN OF SOUTHOLD MAY 16 2018 Z®NTNG BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Assistant Town Planning Director \)\I);:r LWRP Coordinator Date May 15, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref TRACY WEISS AND LEE,KRUTER #7170 SCTM#1000-119-1-1. TRACY WEISS AND LEE KRUTER#7170 —Request for a Variance from Article XXII, Section 280- 116 A(l) and the Building Inspector's January 16, 2018 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 9475 Nassau Point Road (Adj. to Little Peconic Bay), Cutchogue,NY. SCTM#1000-119-1-1. 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'actions are CONSISTENT with the Policy Standards and therefore are CONSISTENT with the LWRP. This recommendation is based on the following: 1. The proposed 8' x 17.4' (139.20 sq. ft.) deck/covered porch will not be located further seaward of the existing dwelling unit. 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 m' � 0�- av�xx Corey Humphrey ��~�^~' --_ — 4xom�nnoAvenue 4u'w o��mt Manager *ILVN Suite 110 ' (631)862-3286 ' mxmmoou NY 11901 �°~�^t ft �� � vmww.Su—`|koxxco.o,o Rob Carpenter Chairman � ux� ov & Nqm Leslie K. Weisman, Chairperson Town ofSouthold Board ofAppeals P.O. Box 1179, S39OS Main Road Southold, NY11971 April 19, ZO1O Re: ZBA#7l7OKRUTERl0OO-119'1'1 Dear Ms. Weisman: -An per your request, our office has conducted an evaluation of the above subject property located at 9475 Nassau Point Road, Cutchogue, for the purpose ofreviewing the potential environmental impacts associated with the addition of an O' X 17.4' deck extension on an existing covered porch. This site inspection was conducted onApril 4, %U1D. � ` ' Atthe time ofthe visit,the bluff face isshowing signs ofhUandgu|k/enosionduetoirrigation sprinkler he�dy |ocateddirectk/atthecrestoftheb|uffodge. Add�ionaUyaninnperviousb|uestonepatio is �r- ` contributing runoff directly over the bluff edge. The bluff face isheavily littered with landscaping debris, mainly large branches. Landscaping debris can lead toincreased instability overtime asvegetation cannot establish and existing vegetation can die off. The top ofthe bluff face ismanicured and mulched which will also deter necessary vegetation from establishing, leaving the surface vulnerable to runoff and erosion. Below are photos ofthe above mentioned observations. The bulkhead was also evaluated. The bulkhead isingood condition. Office Hours:Moiiday through Thursday 7:30 a.m.to 4:00 p.m. Friday 7:30 a.m.through 3:00 p.m. Page I Although the proposed deck does not meet the minimum required setback from the bluff edge, it does not appear to be a significant threat to the stability of the bluff at this time. The land is gently sloping away from the bluff edge,well vegetated in turf grasses, and the area where the deck is to be located is relatively flat. There is a fairly large tree in close proximity to the building area. It is not recommended this tree be removed as this would cause significant ground disturbance. See photos below. ,,`._...,. -� „ -��` :� �,::�•;.. �-,sem-._ _�,_ km;�.,. p �� fes' .t.3f"7 ,i• di v»_.5, �� "�. 7 .PSC -AM 1- 5-1 ., .. •'W, ...Fig}` 4µ Wa 'T�#.R K j r'Y,'-M'ta�.'. '�,��Y=w �"���ai+">t�a3: - .t`,3 .'.t.: 4�''��s.�;?�z:�;i�'»' �#.��•s�..,sir.�:s:�".�c�'hLx•'.;etc�'sP.i� ¢�'y�z8`w .�-rY�,. '.'441�.c. H� a `rd �.=.l�w z�ti�4 yY,ne'�', .."JY' �{•1; s"s's'�it•Y:+t&:�.. .'^�'5�.�;f.'�'�'1.-> ,'"4�..m,: �... �' Ly 'x'�.s!;� fit'% ^to. .'v?,a,},t,--`'*;J_ _ ;f ,r.-, _-z'`�' <, r.F.moi.a•" �, ..3 �'{,-:.°..a- "yz L,�( T�+ "f ��t.JXr 'H"-.�To r'r +. �• t "CSS•` C�"� � �pj�{,., r`r'`Er`, '�c :�. ''y`':'}vwr�_ '1I'",y`}R �.a'�r"-�.n- '$'.�'s rz�• ^•.r,L4?t'�:"�,fir,'s'*„''""'r�' DWI ;` rY,� 'wa;.; �; ,C'-e?'�`�{ n�F#'<2Y_yE'{��:}yk�•-''t --L�*..i" .',���i�,�;� *.c., ,� a F� �` r � �.,.` '�r. j� � G :�,�- Via;fie• ��' ,��' K�;x -• � a-r'. .1'.. ,� �'�"��;=pj, ct -...,tt {i � aL'3�`£ Sr.�y. •bras si'+.M't'�R:f3,, m��`. ., •"-'.°'�� � �, •r' $ f ..�1"�` yr2`: 4�+�t'�fi #n, yy{.µ 'b.� 1�' 4 Pi�P .$+i, Y �1.•e -E f Y i' Y�' ' .w .k. .i Our office recommends removing the sprinkler head(s) located at the very top of the bluff face. It is never good practice to contribute any water on the bluff face.All water from irrigation should infiltrate into the ground where it is applied.'lrrigation runoff can eventually lead to severe erosion. I would like to thank you for requesting the comments of the Suffolk County Soil 'a'nd -Water Conservation District. If you have further questions regarding this evaluation, feel free to contact us at your earliest convenience. Sincerely, Ann Marie Calabro Soil District Technician Page 2 .�� COUNTY OF SUFFOLK RECEIVED (� MAR 2 2 2018 ' � ZONING BOARD OF APPEALS to 4-c ` �I�a�l� Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment March 16, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Pier, Arthur& Gwen #7167 David, Reuben&Margery #7168 Volpe, Mark #7169 Kruter,Lee #7170 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 1 7o TOWN OF SOUTHOLD RECEIVE® r BUILDING DEPARTMENT MAR 0 8 2018 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ZONING BOAR®OF APPEALS DATE: January 16, 2018 TO: Joe Read (Kruter)' PO Box 1031 Shelter Island, NY 11964 Please take notice that your application dated January 8, 2018 For a permit to make additions and alterations to an existing single family dwelling at Location of property 9475 Nassau Point Road, Cutcho ug e,NY County Tax Map No. 1000- Section 119 Block 1 Lot 1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 A. (1), which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff. The construction notes a setback of 45 feet from the top of bluff, at its closest point. Authorized ign 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. RECEIVE® MAR 0 8 2018 Fee:$ Filed By: Assignment No. BONING B® RD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE .�« House No. 9,1/76street tjA ,v .'04 _1Z J Hamlet SCTM 1000 Section _lLq _Block_Q_Lot(s) O Lot Size2i ?/ o Zone r I(WE)APPEAL THE WRITTEN DETERNIINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): 7ma.0 AL ,'S� f'�CL Lae gbr& r" Mailing Address: 5,4k by 3 � T s A)_L a /0o/0 Telephone:o�,q(,, _ZY6.+�3�3� Fax: Email: � lZ oplclaa4 w 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: Zpq_7t=Qb for( ) Owner( )Other: Address:�©Y /0'3 ( 1w��t�1, 2L � ,� L��i 119 Telephone:63/b0<a-fS.J'7Fax: Email: ;3- :gZA� S-r 0 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: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED A)d,1 �_j ?61S , and DENIED AN APPLICATION DATED /—/b -/e6 FOR: O'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.) A Article: XX I I Section: Q,8D- I t<_(o It 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 ( ) has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVE® MAR 0 8 2018 Name of Owner: ZBA File# ZONI REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparNerC'gOARp OF APPEALS signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: -9 OTC.CN�— y�� N 0_� P—k +\,Q- At "SSI b� t' 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other thane an area variance,,because: C W,��+ AS 3.The amount of relief requested isnot substantial because: w^k OTL- 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? { }Yes,or )�No Why: Are there any Covenants or Restrictions concerning this land? )d No ( ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Si;eure of Applicant or Auth ized Agent (Amust submit written Authorizat on from Owner) Sword to befor me this b day of N 20 Kim E.Fuentes Notary Public,State of New York Notary Public Qualified in Suffolk County LIC.#01 FU4811709 t� Commission Ex iresA ri130,� RECEIVED MAR 08 2018 �- APPLICANT'S PROJECT DESCRlk4ON 71 -10 -1® ZONING BOARD OF APPEALS APPLICANT: 1 os��� eke DATE PREPARED: I-19- /S 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: 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: M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: - Number of Floors and Changes WITH Alterations: 17 4o �. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: q Proposed increase of building coverage: 6o IL Square footage of your lot: y''3,a`(' a/P-{- Percentage of coverage of your lot by building area: V.Purpose of New Construction:. T � � VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,-etc.) on your land and how it relates tothedifficulty in meeting the/code requirement(s): 1,P- L ren r] e /.A2 /14c i d. d-20 C= Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 1-7a QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION MAR ®9 2018 J A. Is the subject premises-listed on the real estate market for sale? ZONING BOARD GF APPEALS Yes C 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? �e ,v� c,rva�^n,��t�,,,� Y�mv—,4 2.)Are those areas shown on the survey submitted with this application? f es 3.)Is the property bulk headed between the wetlands area and the upland building . area? Yo s 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 1)® E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?__y&6 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? zh) if yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? L)o If yes,please label the proximity of your lands on your survey. n I. Please list present use or operations conducted at this parcel 4 A4 mac. and the proposed use jp m a_ (ex.existing single family,proposed:same with garage,pool or other) Auth rized signature and D6te 0 RECEIVED AGRICULTURAL DATA STATEMENT MAR 0 8 2098 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: —4e ' 2. Address of Applicant'12nyl /M', l 5 A a 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 9 wi b w C> 5. Description of Proposed Project: rP 6. Location of Property: (road and Taxa number) e l.� fCiV� LJ L ~ (J 7. Is the parcel within 500 feet of a farm operation? { } Yes } o 8. Is this parcel actively farmed? { } Yes AA No `9. Name and addresses of any owner(s)of land within the agrictqtural district containing active farm operations. Suffolk County Tax Lot numbers will be provide to youby the Zoning Board Staff,it is your responsibility to obtain the current names and mailing ad esses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riv e d. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) i ature 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 statanent. 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. FORM NO. 4 11-70 TOWN OF SOUTHOLD RECEIVE BUILDING DEPARTMENT MAR ®8 2018 Town Clerk's Office Southold, N. Y. XONINIG BOARD OF APPEALS Certificate Of Occupancy No. .259.70. . . . . Date . . . . . . . . . . . . .June .21 . . . - . 19.71+. THIS CERTIFIES that the building located at -Nassau. Point. road• • • • • • • Street Map NoNaas:• pt., -Pik No. . . . . . . . . . .Lot No. .72&7.3 . .Cutcho-gue. . It.Y.. . . . . . conforms substantially to the dated before April -23- - • 19. 5.7 pursuant to which xxt oDecupancy Z5970- - dated . . . . . . . June. 21 . . . . . . 19- .74, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is private -one- -fami•1•y-dwelling• • •with •accessory•bos,t•&• beach• •house The certificate is issued to -p. ,L-R. Fisher . . (Flesher -6: -Ales) • • - • .omers • • • - • • (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . pr-e»existing . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. pre •existing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . 901.}5. . . . . . Street - Nassau•F oint.- goad. . . . . . . . . . . . . . . . . . . . . . . . . . . - - • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector " 't-7 0 RECEIVED HOUSING CODE INSPECTION MAR 0 8 201$ June 20, 1974 ZONING BOARD OF APPEALS #9045 Nassau Point Road R-1 Cutchogue, N. Y. Sub. Div. Nassau Point Club Prop. Tax Roll: P. & M. Fisher Occupied: P. Fisher & Mrs. Ales, seasonal. Upon request of the Southold Town Building Department, I made inspection of this two story framed dwelling and found the following violations of Chapter 52, Housing Code, Town of Southold. I was admitted to building by Mrs. Ales who accompanied me during inspection which began at approximately 11:50 A.M. Basement: Consists of one bedroom and full bathroom (formerly maid's quarters) , one car garage and balance for storage and utility use. An enclosed crawl space is under living room of first floor, this being constructed on cement posts foundation. Bathroom: Moisture resistant flooring does not cover wood floor under area of room occupied by bathtub. Article III, Sec. 52-32 D. FIRST FLOOR: Consists of living room, three bedrooms, kitchen, and one full bathroom. Outside entrances to kitchen and living room from east porch have no means of controlling light in room -bn entry. Article V, Sec. 52-56 B. SECOND FLOOR : Consists sof balcony stair landing, three bedrooms and full bathroom. Heat is furnished to all rooms from oil fired steam boiler located in basement. Attic: Storage area, considerable amount of daylight along ridge of roof, appears vulnerable to elements. Article III, Sec. 52-31 C. Accessory Building: Beach and boat house in rear yard. Inspection completed at approximately 12 :20 P.M. Respe , full su itted, EH:mm E r Hi dermann Building Inspector FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MAR Q 8 2818 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-25330 Date OCTOBER 21, 1997 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 9475 NASSAU POINT ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 119 Block 1 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 2, 1997 pursuant to which Building Permit No. 23893-2 dated JANUARY 17, 1997 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 ADDITION & ALTERATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JAMES J. POSCH & S. DOUGLAS BORISKY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N431433 & N431435 DATED SEPT. 12, 1997 PLUMBERS CERTIFICATION DATED OCT. 20, 1997-MATTITUCK PLUMBING & HEATING Buildin nspec Rev. 1/81 r 617.20 RECEIVED Appendix B Short Environmental Assessment Form VAR ®8 2018 Instructions for Comnletin2 , ZONING BOARD OF APPEALS 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 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project andSponsor Information i C�- 469- Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: 30 e- 2-A> E-Mail: J"Oce �41�S Address: City/PO: State: Zip,Code: 5Vw_4,9-,R_ -rs (v _J 0Y. rl9& 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 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: 3.a.Total acreage of the site of the proposed action? ab S. acres b.Total acreage to be physically disturbed? acres t c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial AResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page l of 4 \ RECEIVED, l IL 5. Is the proposed action, MAN 1 8 ZU18 NO YES I N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES 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: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? 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: 11.Will the proposed action connect to existing wastewater utilities? l 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? x b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? Y b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? V /� If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: J� 51 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 15 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ': ` If Yes,briefly describe: ❑NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain,purpose and size: y- 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site 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/ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e: B lr Date: RECEIVED -71-10 Signatur A 8 `01 MNING BOARD Ul-, ePEALS 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?" x. z: :i <,^ „`' No,or Moderate small to large y ?;a impact impact may may :7 <= ;>' ;:'ar:'t' 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? i 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate MAR 208small to large impact impact may may ZONING BOARD OF APPEALS', `'`;_ occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-tern,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 11 -70 RECEIVED MAR ®� 20� ZONING BOARD OF APPEAL Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, residing at �� SW' •AV4P r �g�- S-9 (Print property owner's name) (Mailing Address) toot do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) RECEIVED MAR 0 0 2018 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ®KING BOARD OF APPEALS 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 • .(Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance ✓ 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 RELATIONSHIP Submitted this 7/1L day of • ,20 1 Signature y Print Name Lee 1110 RECEIVED AGENT/REPRESENTATIVE MAR 0 8 2018 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS 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 : (Last name,first ftme,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning c 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 No,sign and date below.If 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 .J ,20 Signature Print Name `7c?0 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM MAR ®8 2018 ZONING BOARD OF APPEALS 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /d - / The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. ® Building Dept. ® Board of Trustees I. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Pennit, approval, license,certification: Ln Nature and extent of action: Location of action: v ,J iA C Site acreage:_ 4A� 4� ��_1 �, "'� RECEIVED, land use: -;7-A_r,,�,�,,, ,�,` BAR ®0 2018 Present zoning classification: ZONING BOARD OF APPEALS 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: 7r-lib (b) Mailing address: _I -- f)`I (� � (c) Telephone number:Area Code( 7 C6, (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? 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- please explain) 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 R (Not Applicable-please explain) RECEIVED MAPA Al�_`)ngo Attach additional sheets if necessary V'Hn V 0 (-Ulu Policy 3. Enhance visual quality and protect scenic resources throughout the $N� S'd�t'h��icP $� LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes [:a No (Not Applicable—please explain) 9 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 HI—Policies Pages 8 through 16 for evaluation criteria Yes E No N (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH —Policies Pages 16 through`21 for evaluation criteria 0 Yes E No (Not Applicable—please explain) ` Z LOTAttach 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 E No[� (Not Applicable—please explain) RECEIVED MAR OR 7019 ZONING BOARD OF APPEALS 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. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No® (Not Applicable—please explain) Attach additional sheets if necessary 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—please ex lain) 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. ❑ Ye�] No IN,(Not Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [jj (Not Applicable—please expl in) -F T RECEIVED MAR 0 0' 2018 Attach additional sheets if necessary ZONIN5 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 54 Not Applicable—please explain 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. 0 Yes ❑ N,o�E� Not Applicable—please-explain 6;2 -65- 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 1� Not Applicable—please explain -1 4- -1 ( 1° RECENEU MAR 0 8 2018 ZONING BOARD OF APPEALS IV pp- ........................ lial w • • ay i t W r Vol t EX _-�- hL �E�EIVEI� MAR ®$ `tura z(�NING BOARD OF APPEALS Efa 7-7 { x� i TowN of souirHOW Plies..OPER Y RECORD,,/CARD fA)Yf ♦✓y1 OWNER STREET75 . VILLAGE DISTRICT SUB: LOTS. AWzl,U Ad a�1,4,.- F R` E OWNER N E ACREAGE �� f `f r & ,S-D' 00,06 k1,4 2., g 9tf S W TYPE OF BUILDING RES. 1 SEAS. VL. FARM COMM. I IND. CB. I MISC. „_AND IMP. TOTAL DATE REMARKS ��/ � �•'� •f .�,�;, :, �� �����+���r��,�... e)rJ ' � �/ c�-4® ��Z• �5i�s'aL0 �%,5-000. P�sr/�"R� o. .o or' ' � ,-;�ivr:P i i / 9®0 � o G buy ' r 6' d �~ a a /11, 16 7/7 7 407— "3'h- AGE BUILDING CONDITION ��L-1 I 0 - k e.r Jr.. 4VWt0.5r-h Y 4n0. 4n`-000 NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value � '),Ie 1 ( � � •a 3�'�,� '6'r�l��-� /A Tillable 2 L 164- i � Tillable, 3 Woodland RECEIVED -- , Swampland Brushland -) =.tea I House Plot ZONING BUARD Jr APPEALS Total Nv °•'^+,sy{* '1 f�-=-�' ' /�l Ili 4 �- `a" ■■■■■■■■■■■■■ , ■■NONE ■NN■■■■■■■NII■■■!N►` NNE . Y Q# rr p ■■■■■■■■1:" -a ■■MMEM■■ ■■E■■■■RNE OMEN■N■■ ■■■'i■■■IINNMERN■■■■■■■ El NIM■■■■■■■■■■NUMMER ■1101■NN■■IMMMI-MENMEM■■■MEM■ .COMM ■■■■■NE ■E■■ui® mummom■■■■ EMMONS M now MEN Interior Finish Fir- • , , . ®�!///!ice - Place• - -• ��V .I _ -�kooms 2nd Floor i M _ I f✓ f r. Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/16/18 Receipt#: 236267 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7170 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#8003 $25000 Read, Joe Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kruter, Lee 141 5th Ave Apt 5 B New York, NY 10010 Clerk ID: SABRINA Internal ID:7170 �a M ��OFFOL�co ELIZABETH A.NEVILLE,MMC O Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • Fax(631)765-6145 MARRIAGE OFFICER ,!► Off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �Q( �`1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: , Elizabeth A. Neville DATED: March 16, 2018 RE: Zoning Appeal No. 7170 Transmitted herewith is Zoning Appeals No. 7170 Joe Read for Lee Kruter: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) J_LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization :TCertificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Ins eco ect.) Misc. Paperwork- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o��OF SUUjyOI 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD - -- -- --------- ----------- Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 7, 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, JUNE 7, 2018. 1:00 P.M. -TRACY WEISS AND LEE KRUTER#7170 — Request for a Variance from Article XXII, Section 280-116 A(1) and the Building Inspector's January 16, 2018 Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 9475 Nassau Point Road, Cutchogue, NY. SCTM#1000-119-1 A. 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: May 17, 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 TONING 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: hqp://southtown.northfork.net May 7, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, June 7, 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 May 21St: 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 May 29th: 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 May 30th: 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 June 5, 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. �+IuTIi. E U F H EraRl1+li� The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold : NAME : KRUTER , LEE # 7170 SCTM # : 1 000- 1 1 9- 1 - 1 VARIANCE : . BLUFF SETBACK REQUEST: ADDITIONS ALTERATIONS DATE : THURS . JUNE 7 , 2018 1 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD -'� 1-7 ZONING BOARD OF APPEALS , 6 SOUTHOLD,NEW YORK �NNelk&-< AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) I t,&- ayj residing at Z� L �-0✓a�c► �r,e l s / ,New York,being duly sworn, depose and say that: On the 3_day of 201 Y,I personally placed the Town's Official-Poster, with the date of hearing 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 subj ect hearing date, which hearing date was shown to be Z'u&,a 7 ZD (Signature) Sworn to before me this Day of (��� , 201 C®NNIE D.BUNCH Notary Public,State of Now York P No. I B Suffolk o QuaNfied in Suffolk County ��,\\ (Notary Public) Commission Expires April 14,2 c * near the entrance or driveway entrance of my property, as the area most visible to passerby. Y • , t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000:- COUNTY 000-COUNTY OF SUFFOLK STATE OF NEW YORK I, J��� residing at New York, being duly sworn, deposes and says that: On the 30 day of Wc� I , 201 I_personally mailed at the United 'States Post Office in�1���-zz T's l�,y,�•� ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached-Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the plic is pro erty. (Signatur Sworn to before me this . ?Z4#) day of 20/8 CONNIE D. BUNCH Notary Public, State of New York No.01 BU618605o �Q Qualified in Suffolk County (Notary Public) Commission Expires April 14, 0 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. Postal Service" TM Postal Service . ® © ■ ■ CERTIFIED A © ■ ■ O !Domestic N Domestic I . C-3 -. - ru ru -a For delivery-111 m information,l i A L U 3 6bsite at Ll 1* F ErCertified Mail Fee $3.45 0964 '[r Certified Mall Fee $3.45 0964 C3 $ i 0 $ 7 r (} r Extra Services&Fees(checkbox,add tee$1 Y,� eta) 1 Extra Services&Fees(check box,add fee py /ate) 1" J ❑Return Receipt(hardcopy) $ g"- ❑ Return Receipt(hardeopy) $ ° L' ❑Return Receipt(electronic) $ Postmark C3 ❑Return Receipt(electronic) $ $0.Oil. Postmark C ❑Certified Mall Restricted Delivery $ $101-00 II I Here C:3 ❑Certrfied Mail Restricted Delivery $_ t.[i r10L Here 1-3 ❑Adult Signature Required $ Q.00 I3 []Adult Signature Required $ $ClTaia ❑Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ _ O Postage $171. 1 i•71 C3 Postage $i i.71 - o $ i5/1!/2013 r- $0.71 Total Postage and F s C3 $ 05/19/2018 ! $x.91 fni Total Postage and r9s $ f 91 r0 Sent To •U Sent To .a C3 -tree-- `�5S-----1 J---- �r&-w 1S A�, ---------------------------------------- r%- r3 -------------- r•9 +�= . 0 Street andApt.No.,or PO 8 x ��J/, O Sheet and AptAo.,of PO Bo N-- L ------------------------ r— ----------------- [�- f S - r�- J/� T QN State,ZIP+4® ` I p s City,States,ZIP+°rte s1�- • 1' — / l,.l�w s` 0-u"'�• 113 6 :ee r ee see•. e 191 5- • ■ ° ;ERTIFIED k o . ■ Postal 'CERT1FIE® oREIC . co Do mestic Mail Only ru I. I ru j M ` • _ IBJ - . . '. - • • " 0' Certified Mad Fee $3 45 (1964 m I' V -•0Certified Mad Fee $33.45 0964 j C3 $ $2.75 r e 10 C3 7 r Extra Services&Fees(check box,add teen mate) � $ 1 f I O ❑Return Receipt(hardcopy) $---�t1�� Extra Services&Fees(check box,add/eo.LIpproodate) p�!.�J Le ❑Return Receipt(hardcopy) $ ,ll���r O ❑Return Receipt(electronic) $ Postmark I I e 111( []Return Receipt(electronic) $ i •IJ)J Postmark 0 ❑Certified Mail Restricted Delivery $ !e�� Here C3 []Adult Signature Required $ .Ra r�.i,ll„I r3 ❑Certdied Mall Restricted Delivery $ tri.l It l Here ❑Adult Signature Restricted Delivery$ r3 []Adult Signature Required $ $0„J_0 ❑Adult Signature Restricted Delivery$ O Postage $0.71 O Postage $0.71 o $ u5/19/2!i12 Imo- ' $ 05/19/2018 Total Postage and s .0 ru $ .91 fu Total Postage and TV5 91 Sent To p —U $ `---1V [.r_G'� ------------------------------- r� Sent To O SheetandApt.No. or PO Box No. _______-/u? ____ _J.✓__ _�� __ ----------------------------- a Street andApt No.,o PO Box No. Cdy,State,ZIP+4® / / A aV__ M'_J_I�Y_w---- ------__ ------------- C, -_--------- C° c�o �e iL�3 �tryse, C,UJv G�aS J— :er a ee see• RECEIVE[ MAY 3 0 2018 ZONING BOARD OF APPEALS -TE THIS • . . li Complete items 1,2,and 3. 78Ignature■ Print your nameand address on the reverse ❑Agent so that we can return the card to you. ❑Addressee■ Attach this card to the back of the mailpiece, inted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes f \�� \ If YES,enter delivery address below: ❑No 1�t' n-\c, Aoek5PV6� AM . 0v. 01zg II Illlll 3. Service Type ❑Priority Mall Express® 11 ❑Adult Signature ❑Registered M811TM' IIII 1111 I I 1111 fill 11111 111111111111111 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0202 5120 5548 01 ❑Certified Mair Delivery p Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise --—9_Artirala Number-(Transfer from_seiviCe labe 13Collect on Delivery Restricted Delivery E3 Signature Confirmation'"'n — ❑Insured Mail ❑Signature Confirmation 7 016 2070 0000 14093 6225 ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt , COMPLETESEA DER •N COMPLETE TH18 SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Si ture ■ Prfrif-yqur name and address on the reverse ❑Agent so that-w.g.can return the card to you. ❑Addressee . ■ Attach`thls,card to the back of the mailpiece, B. Received y(Printed Name)9 C. to of D•livery or on thi±CFont if space permits. _ p� 1. Articlei ressed to: D. Is delivery address different from item 1? Yef If YES,enter delivery address below: ❑No o ��X lob% - . II 1111111 IIII III I I I I II I IIII I I III Illll 111l II Ill 3. Service Type ElPriority Mall Express® E3 ❑Adult Signature El Registered MailT^+ ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted la Certified Mail® Delivery 9590 9403 0202 5120 5548 18 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labeo ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation'm -- - -- — --- – — ❑Insured Mail ❑Signature Confirmation 7 016 2070 0000 14093 6 218 CI(lover Mall Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt L t f� #0002212010 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 05/31/2018 Principal Clerk Sworn to before me this 4—day of ��. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My COMMISSlon Expires February 20,2020 i TYPESET Wed May 16 14 4127 EDT 2018 minimum front yard setback of 60 feet,lo- questions,please contact our office at,(631) LEGAL NOTICE cated at:1671 Meadow Beach Lane,(Adj.to 765-1809, or by email: KimF@ SOUTHOLD TOWN ZONING BOARD the Hall's Creek and Great Peconic Bay)Mat- southoldtownny.gov OF APPEALS tituck,NY.SCTM#1000-116-4-16.4. Dated:May 17,2018 THURSDAY,JUNE 7,2018 10:30 A.M. - KONSTANTINE ZONING BOARD OF APPEALS PUBLIC HEARINGS DRAKOPOULOS AND KATINA LESLIE KANES WEISMAN, NOTICE IS HEREBY GIVEN,pursuant to DIGENAKIS#7164-Request for a Vari- CHAIRPERSON Section 267 of the Town Law and Town Code ance from Article III,Section 280-15 and the BY:Kim E.Fuentes Chapter 280(Zoning),Town of Southold,the Building Inspector's January 23,2018 Notice 54375 Main Road(Office Location) following public hearings will be held by the of Disapproval based on an application for a 53095 Main Road(Mailing/USPS) SOUTHOLD TOWN ZONING BOARD OF building permitto legalize an"as built"acces- P.O.Box 1179 APPEALS at the Town Hall, 53095 Main sory above-grade patio surrounding an in- Southold,NY 11971-0959 Road,RO Box 1179, Southold,New York ground swimming pool;at, 1)less than the 2212010 11971-0959, on THURSDAY, JUNE 7, code required minimum rear yard setback of 2018. 15 feet,located at: 1005 Mill Road,Peconic, 9:30 A.M. - MARILYN DALY,ESTATE NY SCTM#1000-74-2-11 2. OF ROBERT M. DALY, GENEVIEVE 11:00 A.M -SUSANNAH MCDOWELL MCGRATH AND KEVIN B.MCGRATH #7165-Request for Variances from Article #7134-Request for a Waiver of Merger peti- XXIII,Section 280-124 and the Building In- tion under Article II, Section 280-10A, to spector's January 23, 2018 Notice of Dis- unmerge land identified as SCTM No. approval based on an application for a 1000-66-1-13 which has merged with SCTM budding permit to construct additions and al- Nos. 1000-66-1-12 and 1000-66-1-14,based teration to an existing single family dwelling; on the Building Inspector's November 6, at; 1)less than the code required minimum 2017 Notice of Disapproval,which states that front yard setback of 40 feet:2)less than the a non-conforming lot shall merge with an code required minimum side yard setback of adjacent conforming or non-conforming lot 15 feet;located at:180 Strohson Road,(Adj. held in common ownership with the first lot at to Sheep Pen Channel/East Creek) Cut- any time after July 1, 1983 and that non- chogue,NY SCTM#1000-103-10-17. conforming lots shall merge until the total lot 11:15 A.M -CHLOEM,LLC#7166-Re- size o-size conforms to the current bulk schedule quest for a Variance from Article XIII,Sec- requirements(minimum 40,000 sq.ft.in the tion 280-56 and the Building Inspector's Feb- R-40 Residential Zoning District);located,at ruary 13,2018 Notice of Disapproval based 50 Thomas Street,Southold,NY SCTM Nos. on an application for a lot line modification to 1000-66-1-12, 1000-66-1-13 & increase lot area of a non-conforming lot,at; 1000-66-1-14. 1)proposed lot measures less than the code 9:45 A.M.-JOSEPH P.HOEY,JR.#7135- required minimum lot area of 80,000 sq.ft.; Request for a Waiver of Merger petition under located at:64755 NYS Route 25 and 64175 Article II,Section 280-10A,to unmerge land NYS Route 25,Greenport,NY.SCTM#1000- identified as SCTM No 1000-66-1-18 which 56-4-22&1000-56-4-24. has merged with SCTM Nos. 1000-66-1-15, 1:00 P.M - TRACY WEISS AND LEE 1000-66-1-17 and 1000-66-1-19,based on the KRUTER#7170-Request for a Variance Building Inspector's November 6,2017 No- from Article XXII,Section 280-116 A(I)and tice of Disapproval,which states that a non- the Building Inspector's January 16, 2018 conforming lot shall merge with an adjacent Notice of Disapproval based on an applica- conforming or non-conforming lot held in tion for a building permit to make additions common ownership with the first lot at any and alterations to an existing single family time after July 1, 1983 and that non- dwelling; at, 1) located less than the code conforming lots shall merge until the total lot required 100 feet from the top of the bluff; size conforms to the current bulk schedule located at 9475 Nassau Point Road,(AdJ to requirements(minimum 40,000 sq ft.in the Little Peconic Bay) Cutchogue, NY. R-40 Residential Zoning District),located,at SCTM#1000-119-1-1. 125 Daly Lane,Southold,NY SCTM Nos. 1:15 P.M. - EVAN AND LYNN LEWIS 1000-66-1-15, 1000-66-1-17, 1000-66-1-18 #7172-Request fora Variance from Article &1000-66-1-19 III,Section 280-15 and the Building Inspec- 10:00 A.M.-CHRISTOPHER AND KRIS- tor's February 27,2018,Amended March 20, TEN NEIMETH#7146-Request for a Vari- 2018 Notice of Disapproval based on an ap- ance from Article XXIII,Section 280-124 and plication for a building permit to construct an the Building Inspector's November 22,2017 accessory shed,at;1)located in other than the Notice of Disapproval based on an applica- code required rear yard,located at 2395 Vil- tion for a building permit to construct addi- lage Lane, Orient, NY. SCTM#1000-26-1- tions and alterations to an existing single fam- 121. ily dwelling,at,l)less than the code required 1:20 P.M. - SOUTHOLD FIRE DIS- minimum front yard setback of 35 feet;lo- TRICT,LLC#7179-Request for aVariance cated at-1700 Gin Lane(A K A 1230 Waters from Article X, Section 280-46 and the Edge Way),Southold,NY.SCTM#1000-88- Building Inspector's April 2,2018 Notice of 3-19 Disapproval based on an application for a 10:15 A.M. - NEIL T. MCGOLDRICK building permit to construct a storage AND AMY MCGOLDRICK#7148-Re- building, at, 1) less than the code required quest for Variances from Article III,Section minimum side yard setback of 10 feet;located 280-15,Article XXIII,Section 280-124,and at:315 Boisseau Avenue&55135 NYS Route the Building Inspector's December 1,2017, 25,Southold,NY SCTM# 1000-62-1-19 & Amended February 7,2018 Notice of Disap- 1000-62-1-11.1 proval based on an application for a building The Board of Appeals will hear all persons or permit to construct an addition to a noncon- their representatives,desiring to be heard at forming accessory garage,and to legalize an each hearing,and/or desiring to submit writ- "as-built"deck addition and an"as-built"ac- ten statements before the conclusion of each cessory arbor,1)proposed accessory garage hearing Each hearing will addition located in other than the code re- not start earlier than designated above Files quired rear yard,2)"as-built"deck addition is are available for review during regular busi- located less than the code required minimum ness hours and front yard setback of 60 feet; 3) "as-built" prior to the day of the heanng.If you have arbor is located less than the code required J r - Jr BOARD MEMBERS L— rjF soy Southold Town Hall Leslie Kanes Weisman,Chairperson O�� jy0l 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUIVT`I N Southold,NY 11971 http://southoldtownny.gov n� _ ZONING BOARD OF APPEALS D V TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MAR 1 4 218 14 2018 Southold To n I March Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7170 KRUTER, LEE Dear Mark: We have received an application for additions and alterations to an existing single family dwelling. 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: �� BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman,Chairperson fjf S0UryO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 ^\ March 14, 2018 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 # 7170 Owner/Applicant : KRUTER, Lee Action Requested: Additions and alterations to an existing single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C irp(errson B CJ Y• Encls. t ! , BOARD MEMBERS OF SCUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� y0 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor,Capital One Bank Gerard P.Goehringer • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoIiYCoU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTH OLD Tel.(631) 765-1809•Fax(631)765-9064 March 14, 2018 Suffolk County Soil and Water Conservation District Attn: Corey Humphrey 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 7170 KRUTER, Lee 1000-119-1-1 Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie K. Weisman Chairperson By: Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��0� SOUryo P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY N Telephone: 631 765-1809 http://southoldtownny.gov OUNT`1,�� ZONING BOARD OF APPEALS Town of Southold June 26, 2018 Joe Read P.O. Box 1031 Shelter Island,NY 11964 Re: ZBA Appeal No. 7170 Weiss/Kruter, 9475 Nassau Point Road, Cutchogue SCTM No. 1000-119-1-1 Dear Mr. Read; Transmitted for your record is a copy of the Board's June 21, 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. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department w 7"- Lee ki 0 /-.1 ra lk LITTLE 41 PECONIC 142 3 7A(c) AO 141 44A BAY •(P Fr—D.—U. --H-- UNLESS —S—P—ES NOTICE COUNTY OF SUFF( Real Property Tax Servi MAJNTENANCE.AL�MONLSALEOR —T—— IRI ra DISTRIBUTION OFANY PORTION OFTHE w$— LIGHT SUFFOLK COUNTY TAX MAP 15 PROHIBITED County Center Rlverh�d,N Y 90 —E SCALE IN FEET �R WITHOUT WRITTEN PERMISSION OF THE o REAL PROPERTY TAX SERVICEAGENCY