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HomeMy WebLinkAbout7193 u-c I I 1 Nr2ev�rctk - ?r�3 dano1 c k .fiW7i� tt etltgg OeW ti, Q � &(L has do 14 Sec0'12�{ 'I �c13 CHECK BOXES AS COMPLETED Pj ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for prior! ( ) Assign next number on lis e a 01 outside of file folder M M CL -1 c� ( ) y Date stamp entire origins file number c ( ) Hole punch entire original m -n -vz � � �, cn o (before sending to T.C.) 3 x o cn p cD 0) Z o ( ) Create new index card " m = o n Cn ( ) Print contact info & tape t, 4 x 0 (D. n. O ( ) Prepare transmittal to Tov+ `� M X n ( ) Send original application xA z W Q" to Town Clerk ri CD 11 Note inside file folder w/p ( ) Q and tape to inside of folde C' 0' ( ) Copy County Tax Map; higi CD neighbors and AG lots ( ) Make 7 copies and put witl 3 ,i ( ) Do mailing label M i w no �S Nof BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson, if S®U�� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. It a 54375 Main Road(at Youngs Avenue) Nicholas Planamentolo Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 ECEIVED , FINDINGS,DELIBERATIONS AND DETERMINATION 1=3qftn, MEETING OF SEPTEMBER 20,2018 EPP 2 60/2018 e4;�a . 4 La ta[ ZBA FILE: 97193 So thold Town Clerk NAME OF APPLICANT: Donald Brennan, Cottage on Third, LLC PROPERTY LOCATION: 850 Third Street,New Suffolk,NY SCTM: 1000-117-8-7 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 not required to be referred under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, 8,420.6 square feet, non-conforming rectangular lot located in the R40 Residential Zoning District measures 100.81 feet fronting on Third Street, with a northern lot line of 86.13 feet shared with a residential neighbor, an eastern lot line of 98.94 feet along a second residential neighbor and a southern lot line of 86.10 feet shared with a third residential neighbor. The site is improved with a two--story, wood frame dwelling with an attached, one-story wood frame enclosed front porch, a one-story wood frame addition to the south, a frame garage and rear wood patio. There is a stone curb asphalt driveway,wood shed and 6 feet high stockade rear fencing along with 4 feet high side fencing, as shown on the survey by Donal A. O'Buckley,Professional Land Surveyor and dated March 27,2017. BASIS OF APPLICATION: Request for two Variances from Article XXIII, Section 280-124 and the Building Inspector's April 19, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and to construct a new single family dwelling, accessory pool house and an accessory in-ground swimming pool; at; 1) single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed improvements more than the code permitted maximum lot coverage of 20% at: 850 Third Street, New Suffolk,NY. SCTM#1000-117-8-7. RELIEF REQUESTED: The applicant requests variances to demolish the existing site improvements, totaling 1,658 square feet (19.62% lot coverage) consisting of a single family residence with an attached deck and garage and detached shed, located at the closest point 4.1 feet from the front lot line, where the Code requires such improvements to have a minimum front yard set-back of 35 feet and to build in its place a two-story, single family residence measuring 47.5 feet by 22.5 feet for a total first floor footprint of 1,069 square feet with an attached front Page 2, September 20, 2018 #7193, Cottage on Third LLC—Brennan SCTM No. 1000-117-8-7 porch measuring 7 feet by 12 feet for an additional 84 square feet, along with a proposed 16 feet by 32 feet in- ground swimming pool of 512 square feet and a proposed 20 feet by 24 feet garage pool house of 480 square feet, for a total of 2,145 square feet (25.47% lot coverage) where the Code limits such improvements to 20%, necessitating the need for a second, lot coverage,variance. ADDITIONAL INFORMATION: The applicant's agent provided the addresses of four area residences with less than Code conforming front yard setbacks and five variances in the immediate vicinity for similar relief relative to front yard setbacks or lot coverage for existing structures, and accessory structures, including files: #6708 granted January 23,2014 for front yard setback and garage in partial front yard #3873 granted December 19, 1989 for excessive lot coverage #6462 granted May 18, 2011 for excessive lot coverage #6931 granted March 17, 2016 for excessive lot coverage and construct garage located in other than rear yard #6270 granted June 16, 2009 for front yard setback relief and excessive lot coverage A neighbor spoke during the public hearing against this application citing change in community character and identity. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance relative to the front yard setback will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The site is presently developed with a single-family residence built prior to zoning, characteristic of most of the `village grid' of New Suffolk, which contains numerous principal and accessory structures with non-conforming setbacks, due primarily to the small lot sizes and historical development of the area. The applicant proposes to maintain the existing footprint of the residence slated for demolition, however shifting it slightly to the north allowing for widening of the driveway, and placing accessory structures in Code conforming locations. Further reducing the relief requested relative to the front yard setback is a grassy buffer approximately 16 feet wide, owned by the Town of Southold, along the street creating a visual front yard of approximately 20 feet. Grant of the variance relative to lot coverage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. While New Suffolk is densely developed and many small lots feature a primary residence and accessory structures, few small lots enjoy the benefit of both accessory structures and an inground swimming pool. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant regarding the front yard setback cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing residence has a non-conforming front yard setback and any alteration or addition will require a variance. Moreover, the existing residence is old, in a state of disrepair, and built on a poor foundation. It would be too costly for the applicant to completely renovate the existing home and to bring it up to modern standards relative to high wind building codes and modern comfort. The benefit sought by the applicant regarding the lot coverage can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can build a smaller house or choose between accessory structures to conform to the Code limitations. 3. Town Law X267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 88.3% relief from the Code relative to the front yard setback and 27.35% relief from the Code relative to lot coverage. Page 3, September 20, 2018 #7193, Cottage on Third LLC—Brennan SCTM No. 1000-117-8-7 The proposed structure utilizes the existing footprint with the non-Conforming front yard setback remaining the same. As a result of the overall proposed improvements, excessive lot coverage exists and while the hamlet of New Suffolk is noted for higher density of development relative to lot size, the proposed improvements should be viewed as new construction and more closely mirror current zoning requirements. No residential property of similar lot sizes in the immediate area enjoys the benefit of an accessory garage pool house and in-ground swimming pool with non-conforming lot coverage. Moreover, the applicant failed to provide proof that residential properties in the immediate area on similar lot sizes had received variances that contain both accessory garages and swimming pools with non-conforming lot coverage. 4. Town Law §267-b(3)(b)(4) 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. The proliferation of in- ground swimming pools with accessory pool house/garages on small lots, where lot coverages is exceeded, would change the character of the neighborhood. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief, relative to the front yard setback, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 47.5 feet by 22.5 feet, 1,069 square feet footprint, two-story residence with a 7 feet by 12 feet, 84 square feet open air porch while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of the requested relief, relative to lot coverage for accessory structures including a garage pool house measuring 20 feet by 24,feet and an in-ground pool measuring 16 feet by 32 feet is not the minimum action necessary to enable the applicant to enjoy the benefit of an accessory structure(s) while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly carried,to GRANT the variance for a front yard setback as applied for, DENY the variance for excessive lot coverage as applied for, and shown on the survey by Donal A. O'Buckley, Professional Land Surveyor and dated March 27, 2017 and the site plan by West Creek Builders and stamped by John J. Condon, Licensed Professional Engineers and dated March 12, 2018 and the construction drawings by West Creek Builders labeled Al —Al l and dated March 27, 2018. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 4, September 20, 2018 #7193, Cottage on Third LLC—Brennan SCTM No. 1000-117-8-7 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing / aX/2018 I SUFFOLK COUNTY TAX MAP #1000-117-8-7 lq3 ADDRESS: 850 THIRD STREET, NEW SUFFOLK, NY RECEIVED OWNER: THIRD STREET COTTAGE, LLC MAY R 0 2098 SITE AREA: 8420.6 SF $6. .)3, ZONING BOARD OF APPEALS LOT COVERAGE: 1658 SF = 19.62% EXISTING 5870 141E - -� ` 2145 SF = 25.47% PROPOSED LL PROPOSED HOUSE = 1069 SF III PROP5ED PATIO PROPOSED COVERED ENTRY PORCH = 84 SF aD m ON GRADE r°' PROPOSED GARAGE/POOL HOUSE = 480 SF PERVIOUS PAYERS PROPOSED SWIMMING POOL = 512 SF l-- N 'Eck, LINE OF EXISTING STRUCTURE r — ZONING: R40 W ,a I 11.7' '.5, SITE PLAN DATA BASED ON SURVEY BY DONAL A. O'BUCKLEY LAND SURVEYOR to 27.51—'— I DATED MARCH 27, 2017 } 5TR GTU STING r 76 r Q TO BE RE OVED a b FOf IL I 10' r' z LLua NEST CREEK r � r 1- W N z I I DESIGN I BUILD I REMODEL ____ %6 ► I C1 F— WOIOD DECK -� _' t 8J I TO BE REMOVED ! U./X 3 I O— e-- I I dz� o DRAWINGS: In West Creek Builders,LLc �'� �I � `l ! 6R+ASSY BUFFER OF APPROX. x zry 47.5' !3' I PO BOX 256 _ 7� 16'FROM EDGE OF ROAD 0- 9'I © C L�OC�► tI N KING PAVEMENT TO PROPERTY New Suffolk, NY 11956 - - Xp � Fes- ' I 1 [i� a I ► T 631.734.8416 -n rr p LINE INCRESE5 - Z x I I ---10fr N{��i� PERCIEVED SETBACK I I N _ _ ' a_ I - ---------� u1 - � �t_ c .� ,�,y},�T�� u. TO 37.5' _ I � I REVISIONS/ISSUE: 03.12.15 TL �) - n 10.7' NEW`AFF I�K+ LLQ L - - - _ r - �.. . ,,' Lr LINE OF 15TING— _ EXISTING + 5T UGTURESTRUCTURE QUIP STONE DRIyEyyAy TO BE REMOVED PROJECT: Qi LOCATION MAP - - - - - - - - - - - - - - Cottage on Third, LLC N.T.S. w — -f7:'-.�_ _ _ 24'j 850 Third Street LL LL N8.50 ;� New Suffolk, NY 4�'�' �L EX15TINOSHED TO BE REMOVED DRAWING: to PROPOSED SITE Proposed Site Plan L t��AP PROJECT NORTH SCALE : 1�� = 1WEVIEWED BY ZBA SEE DECISION ## S 1 /DATED /Z / 11;;Lb-i-R 6'r t I1f W fL� l N f ' 10 1 2 3 ORIGINAL SIZE IN INCHES LAND N/F I -MALINOWSKI 'RECEIVED MA w 2018 x S87° 14'E n 0 86. 13 �.. ZONING a, ' )ARD OF APP x— x n— EALS 'O VERY IRREGULAR 6WOOD FENCE cn M ®R�IIVG ®A�®OF APL'EALS iAP IN FENCE Ki o 33.5' 34.7' � - 3 ONCRETE 4- N 0) 15.8' TIMBER CUR GRASS STONE CURBPLANTER— o6 w11m 15.8 W ASPHALT :7 E w � DRIVEWAY 1 STORY * u- z 'FRAME' GARAGE o W O a o W 15'8 FSTONE CURB • • • • • • •w io W .STEPS a2 STORY• ® 0.9'E -o FRAME ' ' ' WOOD w m (� o o DWELLING PATIO o 0 z o Z N0. 850 . W. . . . . . . . t� W O O W ZO . . . . . . . . ® D wBZ ww . . . . . . . ELLAR 4.2'W ° N U. 0 1 STORY FRAME' DOOR U) 8 Z m cox 10.7'E l o I oo 15.5'W = .9 o STONE CURB N J 3 8 cxn ASPHALT DRIVEWAY z E 3.2'N STONE CURB 2.4'N 3.2 N 4o 8 6' WOOD FENCE, 0.3'W o <00 15.6'W Ills — rr „ —n n �w o _0.3'S1 4' WOOD _FENCE 0.211) _ 1.3'S ,�w Z �, - - - :- 2.0 � . 3.3S - �0 - (-o - I o . 2 1/2 STORY RAo a�' i FRAME BARN, , , w N 0 �Z N85045'W 86. 10 m o Ld ceiE LL. M� � W CL) U O Ix mz 3N� o oz gw_R � o� 1 o r 0 - �v oaIS z 3 oLLI e �5 ado o� 383 tn ^agm m W V� II F-05: N0 3 gso WWo - $�o MAINSTREET 0- . <9wl-- o =� ao� FINAL MAP �am� W2o � REVIEWED BY ZBA SEE DECISION # 3 e g" 0 DATED U <cnso coo � J MOM z Z,:N8 "i4ui0 r-: CERTIFIED T0: DATE SURVEYED: MARCH 27, 2017 F DONALD BRENNAN AND JESSICA BRENNAN DONAL A. 0 BUCKLEY y � , k.0, PROFESSIONAL LAND SURVEYOR CORNERSTONE LAND ABSTRACT LLC PRO167-17 45TH AVENUE �;• v �. � l`` WESTCOR LAND ABSTRACT, LLC FLUSHING, NY 11358 TEL. 718-358-8114 FAX. 718-353-0938 TAX MAP EMAIL: DOBUCKLEY®ACLSNY.COM SECTION 117 BLOCK 8 TOWN OF SOUTHOLD TITLE No. CL-15769-SDO u , P•Ls• LOT-7 COUNTY OF SUFFOLK STATE OF NEW YORK NEW YORK UCENSE 050641 �- #nf6g2) 4-7'-6" RECEIVED MAY 201 TA2010 3060 TY00410 b0b10 TYV30410 TYK2b310 TNQ6310 ZONING BOARD OF APPEALS I LAUND7-'A' 2*8 a � 1 -0 BATH KITCHEN . T-3 3/16" � `` ESQ BATH 6L05 C149'-3 13/16" II rr IYING ROO II NEST CREED 2268 2268 1" DESIGN I BUILD I REMODEL 31 a 3r16 14'-� 5r16" - - DRAWINGS: West Creek Builders,LLC Q09PO Box 256 GUEST New Suffolk, NY 11956 ii- BEDROOM #1 DINING AREA T 631.734.8416 REVISIONS/ISSUE: UP 03.27.15 Zoning Board Submission Not for Construction TM410 n^W410 TN130410 n^00410 TV`ri0410 PROJECT: 1000 SF FIRST FLOORCottage on Third, LLC FRONT PORCH FINAL AP BY Z � 850 Third Street 1888 SF TOTAL GROSS HABITABLE REVIEWED 888 SF SECOND FLOOR FIRST FLOOR PLAN � New Suffolk, NY SCALE 1/4" = 1' SEE DEUSION #-I H3 84 SF FRONT PORCH DATED /x2a — DRAWING: 1 ST FLOOR PLAN PROJECT NORTH Al RECEIVED MAY 10 2018 ZONING BOARD OF APPEALS TY426310 TV426910 TV42642 TYCM2 TYV2642 o II 11'-1 3116" 1T-11 3/4CIO I I f In1051 ,i00 �. !'NAIL 1 ; BAT V UEST BATH CLOS Iii O ;fl BED OOM 3 q'-41/16" II tl LINEN LINEN WEST CREED 2666 2266 9666 2668 166a z668 DESIGN BUILD REMODEL 1 N DRAWINGS: Cid West Creek Builders,LLC 14'-1 1116" PO Box 256 14'-10 1/4" J New Suffolk, NY 11956 MASTER D � N T 631.734.8416 BEDROOM — — OPEN BELON '-1 F REVISIONS I ISSUE: 03.27.16 GUE5T Zoning Board Submission I I I I I I I I I I BEDROOM #2 Not for Construction I I 1 1 1 1 1 1 IIIIIIIIII PROJECT: Cottage on Third, LLC TM642 TY*0"2 TMb42 TM842 TMb42 Traz642 850 Third Street New Suffolk, NY DRAWING: SECOND FLOOR PLAN 2ND FLOOR PLAN PROJECT NORTH SCALE 1/411 = 1' A2 i RECEIVED MAY 2018 BONING BOARD OF APPEALS Y� CA LLI Lij LLJ v- WEST C�EK DESIGN I BUILD I REMODEL m N DRAWINGS: West Creek Builders,�« PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS d ISSUE: 03.27.1 8 Zoning Board Submission IE Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL A P DRAWING: WEST ELEVATIONREVIEWED By �� ELEVATION SCALE 1/4 - 1 RECEIVED MAY 10 2018 ZONING BOARD OF APPEALS WEST CREED ILIALI—Aim com DESIGN I BUILD I REMODEL DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS J ISSUE: 03.27.1 B ILI Zoning Board Submission Not for Construction 1 7-7 1 If I / PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL MAP DRAWING EAST ELEVATION REVIEWED BY ZBA ELEVATION SCALE 1/4" = 1' SEE DECISION e� v� RECEIVED MAY R 0 2G98 ZONING BOARD OF APPEALS W m WEST CREED m DESIGN BUILD REMODEL tV DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS I ISSUE: 03.27.16 Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL MAP DRAWING: NORTH ELEVATION REVIEWED BY ZBA ELEVATION SCALE 1/4" = 1' EE E 13¢=C"O'I S i O DATED l,-)-D l RECEIVED W 2a1� ZONING BOARD OF APPEALS r' URI m WEST CREEK m DESIGN I BUILD I REMODEL N DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS✓ISSUE: 03.27.18 Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL MIAP DRAWING: SOUTH ELEVATION REVIEWED BY ZBA ELEVATION SCALE 1/4" = 1' SEE DECISION # �a3 D TEDa L2a RECEIVED MAY j 0 2018 -701YING BOARD OF APPEALS 24' 23'-4" GARAGE I I NEST CREEK DESIGN I BUILD I REMODEL N DRAWINGS: ____ Q_ d' West Creek Builders,LLC LOUNGE SEATING _--- -____-- PO Box 256 f7 I New Suffolk, NY 11956 TOILETlGHANGING < N T 631.734.8416 ROOM O -�' REVISIONS d ISSUE: OTDO R MULTI-PURPOSE 03.27.18 5H ER Zoning Board Submission ROOM Not for Construction if PROJECT: 12' Cottage on Third, LLC 850 Third Street FINAL MAP New Suffolk, NY VIEWED By Z13A DRAWING: POOL HOUSE - GARAGE ALTERNATE SEE DECISIONGARAGEIPOOL HOUSE DATED FLOOR PLAN -ALT. PROJECT NORTH SCALE 1/4" = 1' / c� / r � A7 RECEIVED MAY R 0 2018 ZONING BOARD OF APPEALS v ilk ANEST CREEK DESIGN I BUILD I REMODEL tr DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS/ISSUE: 03.27.1 b Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FIs R E V I i3. w% E Z DRAWING: NORTH ELEVATION SEE D �SIO �1� GARAGE/POOL HOUSE ELEVATION SCALE ]L/4" = 1, DATED-1 /� / tg RECEIVED MAY A 0 2V18 TONING BOARD OF APPEALS ,ell I WE EIS DESIGN BUILD REMODEL V- t— oRAwIN�s: VWest Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS✓ISSUE: 03.27.18 Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL MIP RAWING: WEST ELEVATION REVIEWED BY ZBA 3ARAGE/13001- HOUSE SCALE 1/4" = 1SEE DECISION -763 ELEVATION DATE® i o i L �, 9 c-I RECEIVED MAY 10 201g ZONING F30ARD OF APPEALS GO ,t WEST EEK, DESIGN I BUILD REMODEL it DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS/ISSUE: 03.27.18 Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL MAP REVIEWED Y Z A DRAWING: SOUTH ELEVATION GARAGE/POOL HOUSE SCALE 1/4°' = 1' SEE DECISION # jP13 ELEVATION DATE® C) /2D / A10 � CRECEIVED G� MAY X1, 02018 i II 70NING BgAFtD OF:APPEALS lc't Gal AVE -CitEEK DESIGN BUILD REMODEL d- f DRAWINGS: West Creek Builders,LLC PO Box 256 New Suffolk, NY 11956 T 631.734.8416 REVISIONS J ISSUE: 03.27.1 S Zoning Board Submission Not for Construction PROJECT: Cottage on Third, LLC 850 Third Street New Suffolk, NY FINAL D AI PAP Y ZBA DRAWNG: EAST ELEVATION REQ g°t a GARAGE/POOL HOUSE SEE CEUISION 4 ELEVATION SCALE 1/4" = 1. � � ,� A11 FORM NO. 3 MAY 1 ® 2018 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OFAPO SOUTHOLD,N.Y. t NOTICE OF DISAPPROVAL DATE: April 19, 2018 TO: Gary Steinfeld (Cottage on Third LLC) PO Box 256 New Suffolk,NY 11956 Please take notice that your application dated April 12, 2018: For permit to demolish existing dwelling and construct a new single-family dwelling, accessory pool house and accessory swimming pool at: Location of property: 850 Third Street,New Suffolk,NY County Tax Map No. 1000—Section 117 Block 8 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed construction on a non-conforming 8,420.6 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots which states lots measuring less than 20,000 square feet in total size require a minimum front yard setback of 35 feet and maximum lot coverage of 20%. The construction has a front yard setback of 4.1 feet and lot coverage at 25.47%. t AA Authorized na re 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. iN�} Fee:$ Filed By: Assignment No. RECEAD APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS MAY 10 2018 AREA VARIANCE House No. 850 Street Third Street Hamlet New Suffolk ZONING BOARD OF APPEALS SCTM 1000 Section 117 Block 8 Lot(s) 7 Lot Size 8420.6 SF Zone R40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 19, 2018 BASED ON SURVEY/SITE PLAN DATED March 12, 2018. Owner(s): Cottage on Third LLC Mailing Address: 26 Remsen Street, Brooklyn, NY 11201 Telephone: 917-568-6525 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: Gary Steinfeld for( )Owner()00ther: Agent Address: West Creek Builders, PO Box 256, New Suffolk, NY 11956 Telephone: 631-334-9205 Fax: Email: gary-(a)westcreekbuilders.coim Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 00 Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 03-12-18 and DENIED AN APPLICATION DATED 04-09-18 FOR: (X1 Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280-124 Subsection: Type of Appeal. An Appeal is made for: ()o 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, ()o 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 off ce for assistance) Name of Owner: ZBA File# 4RE JC E 3 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's MAY 2018 signature notarised)- pf 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrime9yJ &§9ARD OF APPEALS properties if granted,because:The neighborhood contains numerous existing principal and accessory structures with non-conforming front yard setbacks and lot coverages due to the relatively small parcel sizes. In addition to the 4.1 feet front yard setback for the principal structure to the property line,there is a grassy buffer of 15-16 feet before the edge of road pavement. The 4.1 feet setback is limited to the 7'x12'one story covered front porch with the remainder of the structure with a 10-12 feet front yard setback.A garage/pool house and swimming pool are customary structures to a single family dwelling and will be sited with conforming side and rear yard setbacks. 2.The benefit sought 6y the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because:The existing single family dwelling has a nonconforming front yard setback, and any alterations or additions will require a variance. The proposed project is the demolition and reconstruction of the residence on the existing footprint with the addition of a garage/pool house and swimming pool. The project allows for conformance to high wind zone building codes, increased living area and a full basement. Available lot area for the detached garage/ pool house and swimming pool is limited by the relatively small size of 8,421 sq. ft. parcel. 3.The amount of relief requested is not substantial because:The proposed structure utilizes the existing footprint with the non- conforming front yard setback remaining the same. There will be a reduction in the amount of structure at 4.1 feet from the property line with the removal of an existing 7'x18'enclosed porch and replacement with 7'x12'open porch with roof. Accessory structures will maintain code conforming setbacks and building heights. Parcel is one of the smaller lots in the area and will have similar levels of non-conformance in both front yard setback and lot coverage to many of the neighboring properties. Proposed dwelling has a modest 1888 SF habitable space. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There is no evidence to suggest that the requested variances in this community will have an adverse impact on the physical or environmental conditions of the neighborhood. The proposed project will comply with Chapter 236 of the Town's Storm Water Management Code. 5.Has the alleged difficulty been self-created? {XJ Yes,or{ )No Why: Applicant purchased the parcel after the Zoning Code was in effect. Are there any Covenants or Restrictions concerning this land? 00 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. Signature of icant or Authori d Agent (Agent must su mit written Authorization from Owner) Sworrilo.before me this t 0kday Of 20 Notary Pubhc SABRINA M BORN NotaryPublic,State of New York No.011306317038 Qualified in Suffolk County Commission Expires Dec.22,2018 r AJV3 APPLICANT'S PROJECT DESCRIPTION MAY 10 2018 APPLICANT: Cottage on Third LLC DATE PREPARED: APm (�-dWRD OF APPEALS 1.For Demolition of Existing Building Areas Please describe areas being removed: Demolish existing 22.5'x47.5'dwelling, 7.2'x7.2' rear entry, 7'x18' enclosed porch and 10.2'x20.2' rear yard shed. II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 22.5'x47.5' 7'x12' Covered Porch Dimensions of new second floor: 22.5'x 47.5' Dimensions of floor above second level: Height(from finished ground to top of ridge): 28.3' Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: 1.8' 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: Existing 2 story single family dwelling with attached garage Number of Floors and Changes WITH Alterations: New 2 story single family dwelling with 4 bedrooms and basement. Accessory 20'x24' pool-house/garage and accessory 16'x32'swimming pool IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1652 Proposed increase of building coverage: Proposed 1633 SF Building_ Coverage+512 SF Pool =2145 SF Square footage of your lot: 8420.6 Percentage of coverage of your lot by building area: Existing 19.62% Proposed 25.47% V.Purpose of New Construction: New single family dwelling to allow for increased living space, high wind zone building compliance, and customary accessory uses of garage/pool-house and swimming pool. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit 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 -r x AAED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION MAY 10 2018 A. Is the subject premises listed on the real estate market for sale? ZONING BOARD OF APPEALS Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single Family Residence and the proposed use_proposed single family residence with accessory garage/pool-house and swimming pool (ex: existing single family, proposed: same with garage, pool or other) Authorized sig ture and Date RECEIVED FORM No.4 MAY 10 2018 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. . . .Z98E)9. . . . . . . . Date . . . k Mh .3. . . . . . . . . . . . . . . . . . . .. 19 .80 THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . . W. =rd—Stre.et. . . . . . . . . . . NeW SuffAxt . N..X. House No. Street Hamlet County Tax Map No. 1000 Section . . . 1.7. . . . .Block . . .9 . _ . . . . . .Lot . . . . . W7. . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . building built prior to Certificate ofOccuppancy . . . .APOA .�3. . . . . . . . 1957.. pursuant to which . . . . 49889 . . . . . . . . . . dated . . . . 14VPh .3. . . . . . . . . . . . . . . 19 8Q,was issued, The occupancy for which this certificate is issued is . . . . . . . . . . . . . . . . . . . . . . . . Dwelling - tanfit for habitation. . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . .Uel t o.Aponik.,. deC towner;* of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . .N/R . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . .N�R . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rov 4na RECEIVED FORM NO.4 TOWN OF SOUTHOLD MAY 10 2018 13UILDING DEPARTMENT Office of the Building Inspector ZONING BOARD OF APPEALS Town Halt Southold,N.Y. Certificate Of Occupancy No. .Z16.259. . . . . . . . . Date . . . .OcCobFT. 1119.8 THIS CERTIFIES that the building . . , , Add i r i on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property Third . SCreet New Suffolk . House No. Street �Hamlet County Tax Map No. 1000 Section .1.1.7 . . . . . . . .Block . . . . . , , g. . . . . .Lot . . 0 q? , . . , , , , , . , Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . , . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . D e c .. .10, . .1.9.8 5 pursuant to which Building Perin it No. .14533Z, dated Feb; 7 , . 19 8 6 , 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 . . . . . . . . . . . , . A.Q>:mPx. .ad �.ti4n.>. ,simmer occupancy only (no heat) . The certificate is issued to . , T C H OL A S MA Na U S Z C (owner,S"WSWXX71x of the aforesaid building, Suffolk County Department of Health Approval . . . . . . . . . .N/A, , , , , , , , , , , , , , , , , , , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . .N 8 3 2 737 9/ 18/87. PLUHBERS CERTIFICATION DATED: N/A . . . . . . . . . . . . . . . . . . . . . . Building inspector Rev.1181 FORM NO. 4 •�+ RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MAY 10 2018 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17206 Date AUGUST 18, 1988 THIS CERTIFIES that the building ACCESSORY Location of Property, 850 3rd STREETNEW SUFFOLK House No. Street Hamlet County Tax Map No. 1000 Section 117 Block 08 Lot 07 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 20, 1988 __ pursuant to which Building Permit No. 0172512 dated JULY 20 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 ACCESSORY BUILDING AS APPLIED FOR. The certificate is issued to NICHOLAS MANDUSIC (owner, XXXX ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL_ NLA UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A BiA-ldi'ng Insp ctor Rev. 1/81 f FORM NO. 4 RECEIVED MAY 10 2018 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: 1-25799 Date: 06/29/98 THIS CERTIFIES that the building ADDITION Location of Property: 850 THIRD ST NEW SUFFOLK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No. 473889 Section 117 Block 8 Lot 7 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 7, 1997 pursuant to which Building Permit No. 24494-Z dated NOVEMBER 18, 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 GARAGE ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NICHOLAS J MANDUSIC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N456971 06/23/98 PLUMBERS CERTIFICATION DATED N/A u ld g Ins ector Rev. 1/81 1 w ACKNOWLEDGEMENT COPY 'I X13 RECEIVED ARTICLES OF ORGANIZATION MAY 10 2018 OF ZONING BOARD OF APPEALS COTTAGE ON THIRD, LLC Under Section 203 of the Limited Liability Company Law FIRST: The name of the limited liability company is: COTTAGE ON THIRD, LLC SECOND: The county, within this state, in which the office of the limited liability company is to be located is SUFFOLK. THIRD: The Secretary of State is designated as agent of the limited liability company upon whom process against it may be served. The address within or without this state to which the Secretary of State shall mail a copy of any process against the limited liability company served upon him or her is: COTTAGE ON THIRD, LLC 26 REMSEN STREET BROOKLYN,NY 11201 FOURTH: The limited liability company is to be managed by: ONE OR MORE MEMBERS. FIFTH: The existence of the limited liability company shall begin upon filing of these Articles of Organization with the Department of State. SIXTH: The limited liability company shall have a perpetual existence. I certify that I have read the above statements, I am authorized to sign these Articles of Organization, that the above statements are true and correct to the best of my knowledge and belief and that my signature typed below constitutes my signature. DONALD BRENNAN, ORGANIZER (signature) DONALD BRENNAN , ORGANIZER 26 REMSEN STREET BROOKLYN,NY 11201 Filed by: DOS CORPORATE RECORDS LLC 41 STATE STREET ALBANY, NY 12207 DOS-1239-f-11 (Rev.02/12) Page 1 of 2 . �'A3 Cottage on Third RECEIVED 850 Third Street, New Suffolk MAY -10 2018 1000-117.-8-7 ZONING BOARD OF APPEALS LLC Documentation f 0Iq3 RECEIVED MAY 10 2018 PLATINUM FILINGS LLC (MF) ZONING BOARD OF APPEALS DRAWDOWN CUSTOMER REF# 231466527 ACKNOWLEDGEMENT COPY Page 2 of 2 N.Y.S. DEPARTMENT OF STATE � DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY, NY 12231-OOOlRE EIVEb�� ONLINE FILING RECEIPT — ----MAY- - 209$ ------- ENTITY NAME: COTTAGE ON THIRD, LLC ZONING BOARD OF APPEALS DOCUMENT TYPE: ARTICLES OF ORGANIZATION (DOM. LLC) COUNTY: SUFF ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- FILED,:03/07/2017 DURATION:********** CASH#k:170307010299 FILE##:170307010299 DOS ID:5097604 FILER: EXIST DATE ------ ---------- DOS CORPORATE RECORDS LLC 03/07/2017 41 STATE STREET ALBANY, NY 12207 ADDRESS FOR PROCESS: -------------------- COTTAGE ON THIRD, LLC 26 REMSEN STREET BROOKLYN, NY 11201 REGISTERED AGENT: ----------------- N IP,moi's •� a W a 01 eef + * r 11 y. The limited liability company is required to file a Biennial Statement with the Department of State every two years pursuant to Limited Liability Company Law Section 301. Notification that the Biennial Statement is due will only be made via email. Please go to www.email.ebiennial.dos.ny.gov to provide an email address to receive an email notification when the Biennial Statement is due. ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- SERVICE COMPANY: PLATINUM FILINGS LLC-MF SERVICE CODE: MF FEE: 200.00 PAYMENTS 200.00 ---------- -------- FILING: 200.00 CHARGE 0. 00 TAX: 0.00 DRAWDOWN 200. 00 PLAIN COPY: 0. 00 CERT COPY: 0. 00 CERT OF EXIST: 0.00 - ------------------------------------------- 231466527 DOS-1025 (04/2007) Authentication Number: 1703070311 To verify the authenticity of this document you may access the Division of Corporation's Document Authentication Website at httip://ecorp.dos.ny.gov AGRICULTURAL DATA STATEMENT f?ECEIVEf� ZONING BOARD OF APPEALS MAY 10 201$ 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: Cottage on Third, LLC 2. Address of Applicant: 26 Remsen Street, Brooklyn, NY 11201 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: Demolish existing dwelling and construct new single-family dwelling on existing footprint, accessory pool house/garage, and accessory swimming pool. 6. Location of Property: (road and Tax map number) 850 Third Street, New Suffolk, NY 11956 1000-117-8-7 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 use the back of this page if th re are additional property owners) 04 / 25 / 2018 Signature of Appli t 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. RECEIVED' 617.20 Appendix MAY 10 2018 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Cottage on Third Residence Project Location(describe,and attach a location map): 850 Third Street, New Suffolk, NY 11956 Brief Description of Proposed Action: Demolish existing dwelling and construct new single-family dwelling on existing footprint, accessory pool house/garage, and accessory swimming pool. Name of Applicant or Sponsor: Telephone:917-568-6525 Cottage on Third LLC E-Mail: Address: 26 Remsen Street City/PO: State: Zip Code: Brooklyn NY 11201 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Town of Southold Building Department 3.a.Total acreage of the site of the proposed action? 0.19 acres b.Total acreage to be physically disturbed? 0.19 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.19 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑ Commercial D(Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 PECEDIED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? MAY 10 2 G 18 X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of t e exis mg i r a AL NO I YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: On-Site Septic System X 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ®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, X a.Will storm water discharges flow to adjacent properties? M NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: IX NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the it� i t of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: MATY 2018 X ZQ�IDIG BOARD OE AR12EAJ-S 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: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Gary Steinfeld,West Creek Builders Date: 04/25/18 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVE[ 'I l MAY A 0 ` U18 No,or Moderate small to large ZONING BOARD OF APPEALS impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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 �rl l RECEIVED MAY 10 2018 Board of Zoning Appeals Application ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) I, Donald Brennan for Cottage on Third LLCresiding at 26 Remsen Street, Brooklyn, NY 11201 (Print property owner's name) (Mailing Address) do hereby authorize Gary Steinfeld,West Creek Builders (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signatur ) Donald Brennan, Cottage on Third LLC (Print Owner's Name) l q2) RECEIVED AGENT/REPRESENTATIVE MAY 10 2018 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emAQNWC'"ib4lafPtRREA0 5 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: Gary Steinfeld,West Creek Builders (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 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 Submitted this 25 day of April ,20 18 Signature Print Name Gary Steinfeld,West Creek Builders r—, �Aa IVED yj MAY 10 2018 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZOIVIfVG 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: Donald Brennan, Cottage on Third, LLC (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 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 Submittedt ' 5 day of April ,20 18 Signature Print Name Donald Brennan, Cottage on Third, LLC �lq3 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM MAY 2018 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 117 - 8 _ 7 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. ® Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 construction,planning activity,agency regulation, land transaction) 0 (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Town of Southold Building Permit for Demolition and Construction of Single Family Residence Zoning Board of Appeals-Variance RECEIVED Location of action: 850 Third Street, New Suffolk, NY 11956 Site acreage: 8420.6 SF 0.19 Acres MAY 10 201 Present land use: Single Family Residential ZONING BOARD OF APPEAL Present zoning classification: R40 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: Cottage on Third LLC (b) Mailing address: 26 Remsen Street, Brooklyn, NY 11201 (c) Telephone number:Area Code( ) 917-568-6525 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, 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 [R] Not 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 0 Not Applicable Attach additional sheets if necessary -2�1 A5 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of kpL41Wd. See` LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No © Not Applicable MAY 10 2018 ZONING BOARD 6F APPEALS 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 E Yes 0 No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 1E 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 IH—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes 0 No© Not Applicable RECEIVE Attach additional sheets if necessary L Policy 7. Protect and improve air quality in the Town of Southold. See LUWNMf16VAff Ades Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® 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 LWRP Section III—Policies;Pages 34 through 38 for evaluation criteria. ❑ 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—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesO No© Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No © Not Applicable RECEIVED MAY t 0 2018 APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No © Not Applicable 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 ❑ No© 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 © Not Applicable Created on 512510511:20 AM r Cottage on Third LLC—850 Third Street, New Suffolk -1000-117-8-7 ` `� "fl �f ZONING BOARD OFAPPEAs I EDGES OF OPEN PORCH. -- View East along Third Street r 0 R A�3FN View East Existing Rear Yard Shed to be Removed Stakes- NW &SW Corners of New Garage/Pool-House Cottage on Third LLC,850 Third Street,04/15/18—Page 1 RECEIVED ir:y Er BOARD OF APPEALS View South Rear Yard Stakes—NE & NW of Pool in Foreground r y \ View SW from Rear Yard Cottage on Third LLC, 850 Third Street,04/15/18—Page 2 i MAY ! , BOARD OF APPEALS NorthView East at • - Yard View j-` -- tip � ,j•� ^� t /�; `d_ •r. ; i NortheastRear Yard Location of • Pool Cottageon • LLC, 850 • Street, 04 Page 3 - 7 TOWN OF SOUTHOLD Pd-OPERTY RECORD CARD ` EIvr-D OWNER ` STREET 6C) ILLAGE DISTRICT SUB. LOT MAY 10 2018 ;�7 �Q L7" , /jr� _L z- 7 I �a Ci'��� �i��� i74®®�1 ' / C� ��OIVING;BOARD OFAPPEA1� FORM OWNER Gh4lcc 5 N E - ACREAGE 0 t 9c a i / S W /�� ft TYPE OF BUILDING l� � RT" ? SEAS. VL. FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS -- / ,old Q C78-'& 6 e 7 - bemo oap ss. b),I,, e.�,o- AGE BUILDING CONDITIN �' Q _ a a Cl [Q 7Q [ i-0- , —� G NEW NORMAL BELOW ABOVE FRONTAGE ON WATER i Farm Acre Value Per Acre Value FRONTAGE ON ROAD '� ),_J9711 ®da Tillable 1 BULKHEAD Tillable 2 DOCK Tillable, 3 .� -f-ye In Woodlando �`G� Man u c . O5 lm Swampland 3:7)2 G.j 3 -� Brushland House Plot �^ �"3 —L.�a�av — G{11dv --?U— Tota I ; p 1 est t^ f 5 ON EMMIN loom NMI EMEMIClIOUR'� � �M AN MEN M ON moo- MEN : .. Foundation Both • Floors • Ext. Wa I intdrivir U411-IMS Fire Place • �. '• Kooms Ist Floor - r• • a I ® •• • ••• • •• a � r r ly ggFFOI,� ELIZABETH A.NEVILLE,MMC 0 ® Town Hall,53095 Main Road TOWN CLERK a P.O.Box 1179 Southold,New York'11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,� ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: May 18, 2018 RE: Zoning Appeal No. 7193 Transmitted herewith is Zoning Appeals No. 7193-West Creek Builders for Cottage on Third LLC: - The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement ILm Short Environental Assessment Form pplicant/Owner Transactional Disclosure Form(s) gent/Representative Transactional Disclosure Form(s) WRP Consistency Assessment Form otice(s) of Disapproval oard of Zoning Appeals Application Authorization ertificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- L LX A CLh oN) ,( —Mt; 6`5D0_5 LIS 511"N Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- :LDrawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- `Nn of Southold i P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/18/18 Receipt#: 239859 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7193 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#4175 $1,000.00 West Creek Builders, LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Cottage, On Third Llc 26 Remsen St Brooklyn, NY 11201 Clerk ID: SABRINA Internal ID.7193 =WEST CREEK Q �� PLAN I DESIGN I BUILD Cottage on Third, LLC #7193 850 Third Street— New Suffolk - 1000-117.-8-7 Local Properties ZBA Data 780 King Street (SE Corner Second & King) — 1000-117.-8-11 10,317 SF ZBA #6708, 01/23/14 Front Yard Setback 5.8' Accessory Garage in other than Rear Yard (Partially in Front Yard) 1300 Second Street (SE Corner Second & Orchard) — 1000-117.-7-22 6,060 SF ZBA#3873, 12/19/1989 Lot Coverage — New Deck Total Lot Coverage 1,662 SF 27.4% 2395 Jackson Street & Second Street— 1000-117-9-25 10,340SF ZBA #6462, 05/18/2011 Total Lot Coverage 26% 865 Second Street (Behind Cottage) — 1000-117.-8-10 11,671.9 SF ZBA #6931, 03/17/2016 Accessory Garage — Lot Coverage & Non Rear Yard Location 18x22 Garage 12' High Total Lot Coverage SF 23.07% 1175 First Street (Across from Marina/Has Pool) — 1000-117.7-27 15,281 SF ZBA#6270, 06/16/2009 Granted Building Additions — Lot Coverage Increase 24.3% to 24.8% Front Yard Set Back 4.4' 7 Second Street— 1000-117-8-12 10' Front Yard Setback to Garage 1060 Second Street— 1000-117-7-25 14.75' Front Yard Set Back 1000-117-7-26 0' Front Yard Set Back 1000-117-8-6 3.5' Front Yard Set Back King Street & 7.1' Front Yard Set Back Second Street P.O. BOX-256, NEW SUFFOLK, NY 11956 TEL 631.334.9205 BOARD MEMBERS -`"Southold Town Hall Leslie Kanes Weisman,Chairperson �� j�® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®Uh if 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, SEPTEMBER 6, 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, SEPTEMBER 6, 2018. 10.30 A.M. - DONALD BRENNAN, COTTAGE ON THIRD, LLC #7193 — Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 19, 2018, Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and to construct a new single family dwelling, accessory pool house and an accessory in-ground swimming pool; at; 1) single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed improvements more than the code permitted maximum lot coverage of 20% at: 850 Third Street, New Suffolk, NY. SCTM#1000-117-8-7. 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: August 16, 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 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD., NEW YORK AFFIDAVIT -71 r3 OF In the Matter of the Application of MAILINGS (Name of Applicants) I SCTM Parcet ff 1000= 1 —`6 ^- COUNTY OF SUFFOLK STATE OF NEW YORK I, Cg10 5rg11qf-1-W residing at New York,, being duty sworn, deposes and says that: 06 the I c#A da o f 1� , 20 X personalty mailed at the United States PQst•Office in_/ /, Gg41;0k • - ,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 oA the current assessment -.toll 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 rig fit-of-way of record, surroutiding the applicant's property- o lure) Swoin to before me this . day Of ' 20 DIANE DISALYO r t NOTARY PUBLIC-STATE Of NEW YORK No. GID1475593. (Notary Rd lie) Qualified In Suffolk County My Commisslon Expires April 30. 2022 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. 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P --/✓ �� ----------- ----------- stat: - --- - :01 p ,e eel•e - 1_ ' Southold Town Zoning Board of Appeals Request for Variance #7193 850 Third Street, New Suffolk, NY, SCTM# 1000-117.-8-7 Mailings List: New Suffolk Common School PO Box 111 �\ New Suffolk, NY 11956 1000-117.-8-5 Garange Werthmuller Gil Goldstein PO Box 343 New Suffolk, NY 11956 1000-117.-8-6 Keith Haber Anita Haber 80 Warren Street New York, NY 10007 1000-117.-8-8 Michelle Roussan PO Box 245 New Suffolk, NY 11956 1000-117.-8-10 I , S6615R:'COMPLAMS • •MPLETE THIS SECTION ON• ® Complete items 1,2,and 3. A. Signature j ■ Print your name and address on the reverseX 13 Agent , e v a� ti so that we can return the card to you. 13 Addressee B. Rec ived by(Printe ■ Attach this card to the back of the mailpiece, Name) C. Date of Delivery or on the front if space permits. P' 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: ❑No ?(g pax/11 II�Iillll IIII IFII I I I I IIIII III if 11111 Ii1111111 o Serviceln tune El❑RegisteMall red MallTm ® ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0355 5163 5277 32 ❑Certified Mail® Delivery { ❑Certified Mail Restricted Delivery 17 Return Receipt for ❑Collect on Delivery Merchandise 2. Articlf'—` `r ^�"{'y'm cprLlce ta6ell 13 Collect on Delivery Restricted Delivery 13 Signature ConfirmationTm Delivery 13RestrictSignature ed Delivery 7015 2640 2221 4326--73.18.,__ _ PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE • •MPLETE-THIS SECTION ON DELIVERY. ■ Complete items 1,2,and 3. A Signature ❑Agent r ■ Print your name and address on the reverse X ❑Addressee t so that we can return the card to you. ■ Attach this card to the back of the mailplece, B. ceiyhd,by(P'nte Name) C.Date of liverye or on the front if space permits. 1. Article Addressed to: D. I elfvery address different from item 17 L3 Yes C. I ja� if ES,enter delivery address below: ❑No j Cit Go37/Y/i9 Po /-�®)c 313 /Vy I IIIIillllIIIIIIIIIIiI0IIIIIIIIIIIIIIIIIIIIIIII .3. Service❑dultSignaturre ❑Registei Registered e@ ilTm l ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0356 5163 5277 01 Q Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Artie—"--�'—wf-ftm_service labeo ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTm Mnsured_Mad ❑Signature Confirmation 6 fi E r' 9 2 E b T 2 2 2 2 fi 9 2 S'C O Z —(�Delivery Restricted Delivery Ps Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt I Ir >�di TOWN OF SOUTHOLD ZONING BOARD OF APPEALS rrefs� SOUTHOLD., NEW YORK AFFIDAVITS i OF In the Matter of the Application of POSTING (Narrte of Apph raqDts) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, -_ �/ residing.at SYS 11?Yk 11� �641 ,New York, being duly sworn,depose and say that: On the 7 day of ,201<, I personally piaCed 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 subject hearing date,which hearing date was shown to be ,, C, (Signature) Sworn to before rye this ,W"kDay of "a-51 , 201 B SABRINA M BORN Notary Public,State of New Yo* a No.01 BO6317038 Pualified in Suffolk Countyg (Notary PUIl1LC) Commission Expires Dec.22,20�, * near the entrance or driveway entrance of my property, as the area most visible to passerby" TYPESET Mon Aug 20 13 50 57 EDT 2018 residential parcel,at,1)accessory in-ground LEGAL NOTICE swimming pool located in other than the code SOUTHOLD TOWN ZONING BOARD required rear yard,2)proposed accessory ga- OF APPEALS rage located less than the code required mini- THURSDAY,SEPTEMBER 6,2018 mum front yard setback of 40 feet,at 38099 PUBLIC HEARINGS Main Road(Adj to the Long Island Sound), NOTICE IS HEREBY GIVEN,pursuant to Orient,NY SCTM#1000-15-2-16 Section 267 of the Town Law and Town Code 11:15 A.M.-CHRISTIAN AND CAROL Chapter 280(Zoning),Town of Southold,the ZIMMER#7196—Request for a Variance following public hearings will be held by the from Article XXIII,Section 280-124 and the SOUTHOLD TOWN ZONING BOARD OF Building Inspector's April 16,2018,Notice of APPEALS at the Town Hall, 53095 Main Disapproval based on an application for a Road, PO Box 1179,Southold,New York building permit to construct additions and al- 11971-0959, on THURSDAY, SEPTEM- terations to an existing single family BER 6,2018. dwelling, at; 1) located less than the code 9:30 A.M. -ALEX FRIEDMAN#7189— required minimum side yard setback of 15 Request for a Variance from Article XXIII, feet,7525 Nassau Point Road,(Adj to Little Section 280-124 and the Building Inspector's Peconic Bay)Cutchogue,NY SCTM#1000- April 25,2018,Notice of Disapproval based 118-4-3 on an application for a building permit to 1:00 P.M. - ELIZABETH E. MACEDO- demolish a portion of a dwelling and con- NIA AND THEODORE N. struct additions and alterations to an existing PAPADOPOULOS #7182 — (Adjourned single family dwelling,at,1)located less than from August 2,2018)Request for Variances the code required minimum front yard set- from Article III,Section 280-13A,Article III, back of 40 feet, at 350 Macdonalds Road, Section 280-15,and the Building Inspector's Laurel,NY SCTM#1000-145-4-14 1 April 10,2018,Notice of Disapproval based 9:45 A.M.-MICHAEL HARKIN#7190— on an application for a building permit to Request for Variances from Article III,Sec- construct an accessory in-ground swimming tion 280-15 and the Building Inspector's pool and the conversion of an accessory April 24,2018,Notice of Disapproval based building to pool house,at, 1)more than the on an application for a building permit to code permitted one dwelling on each lot,pool relocate an existing accessory barn and a house by design constitutes as a second shed, and to construct a new accessory dwelling,2)proposed in-ground swimming building at,1)accessory barn to be relocated pool located in other than the code required in other than the code required rear yard,2) rear yard,3)proposed pool house located in accessory shed to be relocated in other than other than the code required rear yard; at the code required rear yard,3)proposed ac- 4175 Old Jule Lane, Mattituck, NY. cessory building to be located in other than the SCTM#1000-122-5-13 3 code required rear yard,at 6175 Sound Ave- 1:15 P.M.-R. BRADFORD BURNHAM nue,Mattituck,NY SCTM#1000-121-1-4 3 HI#7181—Request for a Variance from Arti- 10:00 A.M. - PETER HONIG AND SU- cle III,Section 280-15 and the Building In- SAN HONIG#7191—Request for a Variance spector's February 15,2018,Notice of Dis- from Article III, Section 280-15 and the approval based on an application for a Building Inspector's April 10,2018,Notice of building permit to construct an accessory ga- Disapproval based on an application for a rage,at,1)less than the code required mini- building permit to demolish an existing acces- mum front yard setback of 40 feet,at 2464 sory garage and construct a new accessory Peninsula Road,(Adj to West Harbor)Fish- garage,at, 1)located in other than the code ers Island,NY SCTM#1000-10-3-4 1. required rear yard,at 745 Watersedge Way, Dated August 16,2018 (Adj to Hog Neck Bay) Southold, NY ZONING BOARD OF APPEALS SCTM91000-88-5-62 LESLIE KANES WEISMAN, 10:15 A.M -ANDREAS PFANNER#7192 CHAIRPERSON —Request for a Variance from Article III, BY.Kim E Fuentes Section 280-15 and the Building Inspector's 54375 Main Road(Office Location) May 8,2018,Notice of Disapproval based on 53095 Main Road(Mailing/(JSPS) an application for a building permit to con- PO Box 1179 struct an accessory garage,at, 1)located in Southold,NY 11971-0959 other than the code required rear yard, at 2252520 2725 Harbor Lane, Cutchogue, NY SCTM#1000-136-1-24 2 10:30 A.M.-DONALD BRENNAN,COT- TAGE ON THIRD,LLC 07193—Request for Variances from Article XX1II, Section 280-124 and the Building Inspector's April 19,2018,Notice of Disapproval based on an application for a building permit to demolish an existing dwelling and to construct a new single family dwelling,accessory pool house and an accessory in-ground swimming pool, at,1)single family dwelling located less than the code required minimum front yard set- back of 35 feet,2)proposed improvements more than the code permitted maximum lot coverage of 20%at 850 Third Street,New Suffolk,NY SCTM91000-117-8-7 11:00 A.M.-MARTIN BANCROFT#7194 —Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's April 23,2018,Amended May 9,2018 Notice of Disapproval based on an application for a building permit to construct an accessory swimming pool and an accessory garage on a r- ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 6 , 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, September 6, 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 August 20th: 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 August 27th: 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 August 29th: 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 September 4, 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. i4U' Tit'W. E U' F HEARli4G The following application will be heard by the Southold Town Board of Appeals at Town Nall , 53095 Main Road , Southold : NAME : COTTAGE ON THIRD LLC #7193 SCTM # : 1 000 - 1 1 7-8-7 VARIANCE : FRONT YARD SETBACK & LOT COVERAGE REQUEST: DEMOLISH EXISTING DWELLING 8 CONSTRUCT NEW DWELLING , POOL 8 POOLHOUSE DATE : THURS . , SEPT . 6 , 2018 10 : 30AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF SO 53095 Main Road•P.O.Box 1179 �!� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes rn Town Annex/First Floor, Robert Lehnert,Jr. apQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��,ySouthold,NY 11971 http://southoldtovamy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 September 25, 2018 Gary Steinfeld West Creek Builders P.O. Box 256 New Suffolk,NY 11956 Re: ZBA Application#7193, Brennan, Cottage on Third LLC GRANTED IN PART, DENIED IN PART 850 Third Street,New Suffolk SCTM No. 1000-117-8-7 Dear Mr. Steinfeld; Transmitted for your records is a copy of the Board's September 20, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions,please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl. AK 2 e 3 x 4[ '.52 MATCH UNE s 1'n 't:� I —..� , so a FOR PCL NO. 1 , w 2Ac 3 I[. ,m e 7 SEE SEC.NO /s 9 _ $ 110-8-034 "0 - as 1.1A(c) 8 . 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