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tLviS Siabhain 6"vd, 91? 13 Cd e-&It) -It Om exr O st 1� dwo ll , � t� side � h4 �- s no a,-A- I d�of c �,Y ; 9� o� 30.7 Ph+ II S--ec 2-o��� a F,9-3 --/zEZ - �z BOXES AS COMPLETED ��'91�� CHECK B J ( ) Tape this form to o ( ) Pull ZBA copy of N a Q a ( ) Check file boxes fo ° ° ( ) Assign next numbe 1 c°n outside of file folde ° ( ) Date stamp entire m -n -U W -U W 3 v v file number �, x o a O � -0 ry � _ � cQ cn ( ) Hole punch entire �- `D �- o D D Cn (before sending to' w w 3 o 2 Cr 0 ( ) Create new index @ � Cn o w v w ( ) Print contact info C CD � z - CD - ( ) Prepare transmitta � rn CD c, n. ( ) Send original appli( to Town Clerk i :5. w -I ( ) Note inside file fol( � N o I and tape to inside , M ( ) Copy County Tax N � -n neighbors and AG 0 n ( ) Make 7 copies anc 0 ( ) Do mailing label N �• N tQ 0o 1-7/17 � iIP5t. i,12-40 1 , Q pR loe5 �0 A"G 9 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��OF $U(/lyOlO 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,YCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD & 9- ZAM Tel.(631)765-1809•Fax(631)765-9064 DEC 2 4 2018 FINDINGS,DELIBERATIONS AND DETERMINATION 0• /"- MEETING OF DECEMBER 20,2018 SOU old Town Clerk ZBA FILE: 47228 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2115 Pine Tree Road, (Adj. to Little Creek) Cutchogue SCTM#1000-98-1-13 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 thru A14-25, and the Suffolk County Department of Planning issued its reply dated September 14, 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 November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records, it is the Coordinator's recommendation that the proposed action is Exempt from LWRP review. PROPERTY FACTS/DESCRIPTION: The subject property is a 21, 653 square foot non-conforming parcel located in a R-40 Zoning District. Currently there is an existing single family one story residence with an attached deck. along with an existing and separate garage and a shed located in the front side yard. The northerly property measures 329.84 feet, the easterly property (Adj. to Little Creek) measures 108.81 feet, the southerly property measures 363.47 feet and the westerly property which runs along Pine Tree Road measures 76.00 feet. The existing garage measures 10.3 feet by 20.4 feet and the shed measures 12.2 feet by 10.00 feet as shown on the survey by John T. Metzger, LS, and last amended on December 5, 2018. Both the garage and the shed have Certificates of Occupancy issued in 1973. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application to legalize and "as built" deck addition attached to an existing single-family dwelling located at 2125 Pine Tree Road, Cutchogue, NY. SCTM41000-98- 1-13. The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 Zoning District, is not permitted pursuant to Article XXIII, Section 280-124, which states that on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. Page 2, December 20, 2018 #7228, Hans SUM No. 1000-98-1-13 RELIEF REQUESTED: The applicant requests a variance to legalize an existing "as built" 12 feet by 34 feet deck attached to the rear of the residence facing easterly on the property (Adj. to Little Creek). Article XXIII, Section 280-124 states that on lots measuring less than 20,000 square feet in total size the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The"as built" deck is noted as having a single side yard setback of 14.4 and a total side yard setback of 30.7 feet. According to the applicant's submission, the "as built"deck was constructed by the former owner. ADDITIONAL INFORMATION: There have been no written communications or testimony received by the Board objecting to this application. In October of 2014, the Southold Town Board of Trustees issued a Certificate of Compliance to the previous owner for the replacement of the decking and railings of the existing deck. Prior property owners have received two variances in the past for a front yard addition to the existing dwelling (#1362) and an accessory garage located in the front yard(#2993). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck has existed in its present size and layout for many years. Neighboring properties have decking attached to the rear of the homes that front Little Creek and properties in this community are similar in size. . 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. According to the applicant, the deck was built by a previous owner and the current owner is requesting that this Board legalize the"as built" improvement.. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are not mathematically substantial, representing 4% relief from the code for the single side yard setback and 12%relief from the code for combined side yard setback. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built" deck 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 Acampora, seconded by Member Dantes, and duly carried, to GRANT the variances as applied for and shown on the survey prepared by John T. Metzger. LS and last revised December 5, 2018. Page 3, December 20, 2018 #7228, Hans SUM No. 1000-98-1-13 SUBJECT TO THE FOLLOWING CONDITIONS: I. The deck shall remain open to the sky. 2. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within six months of this decision or a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 4. The "as built" improvement(s) may not be used until a Certificate of Occupancy has been obtained 5. At the discretion of the Board of Appeals, failure to comply with the above conditions may render this decision null and void 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. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. 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 Dantes(Vice Chair), Acampora, Planamento and Lehnert. This Resolution was duly adopted (4-0). (Chairperson Weisman absent) <�Z - -Z -2Q,,--,�z- Eric L. Dantes Vice Chair Approved for filing 1�-/ �' 1 /2018 0 "MAP OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY LOT NUMBERS REFER T AND CONSTRUCTION OF SUBSURFACE SEWAGE AT CUTCHOG UE FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON NDISPOSAL SYSTEMS FOR SINGLE FAM/L Y RESIDENCES TOWN OF SO UTHOL� MARCH 28, 1935 AS FILE NO. 1179 and will abide by the conditions set forth therein and on the permit to construct. SUFFOLK COUNTY, N. Y. The location of wells, cesspools & public watershown hereon are 1000-98-01-13 from field observations and or from data obtained from others. SCALE 1'=30' JANUARY 10, 2012 DWELLING) OCTOBER 18, 2017 (CER70CA7)ONS) LOCAT►ON UNKNOWN) DECEMBER 11, 2017 (SETBACKS) • DECEMBER 5, 2018 (LOT COVERAGE) (WELL SEPTIC SYSTEM ASO�� �,_ NGH wA� By �� QV NEHru 1 �fT�, ROAD z°'zw 329 uTlurt � -- � oz� �� 6• C .� PAVERS u! ♦♦ \SIF p• �� s POLE ♦ —X� -3 4 ♦♦� ♦ \� °S`e --NEE.ROAo �N8309 50 E �-x-- _` � �e ` ZONE X � l �� Nz\ �' O ^�X- •VEST HOLE �. +7.8' ��+�- ♦♦ awv- S' - / ``.' �_ , 15. � F L^\♦♦ O� W -10 ONE STORY N -----� \ 7 f'�' ♦ __ W►1 '/� /� +10.8• FRAME HOUSE + \ ♦��( 1� O ♦♦ \ - --- F.F. El. 11.8 � \♦� (ONE � \\ \\� 19 r _-- PAVERS 1 s.o' 11.2' �` L ♦� �,♦ LOT LL OCONC. COVER ❑; �� x I 1R. 4 2z o' 4 WALL 363.47' 60 ?' ♦ �' ��� ,,`_____ 4 SHED 18.5' o FR. G:� �_ — FE o.4S �,� ♦ ♦ - � 20.4 1.4 S ��/C \,� ♦ ♦ tO -----o WIRE FENCE 4 ro` ? ��'�� ♦ °° ♦ o~w DWELL INAL MAP S85'09 5 s� oes LOT REVIEWED BY ZBA L - y'� FFJ INESEE DECI 1 DEC R 20 a ,oG Q � SON # �76� Certified ""o: DATED / / l� BY: Richard Hans O c�,AJ Siobhan Hans Fidelity National Title Insurance Company TEST HOLE DATA Citibank BY MCDONDALD GEOSCIENCE 1/5/12 EL 8.8 DARK BROWN LOAM OL ,.._... ---- 1' AREA=21,6;93 SO. FT. LOT COVERAGE SOF NEVV y BROWN SLTY SAND SM TO TIE LINE UPLAND AREA = 2o,s24 so.Fr. ��P�♦�a1.MEr�c E)OSTING ---- 4' ELEVATIONS REFERENCED TO N.A.V.D. HAUS &DECK 2333 aq. t GARAGE SHED 331 sq.ft. FLOOD ZONE FROM FIRM RATE MAP NUMBER 2414/23,624 = 11.7X PALE BROWN FINE SAND SP 36103CO164 H SEPTEMBER 25, 2009 EL. 0.5. o a wEli ' .S. LIC. NO. 49618 wA .�, ANY ALTERATION OR ADDITION TO THIS SURVEY IS A WOLA77ON PECO _ S, P.C. WATER IN PALE BROWN FINE SAND SP ✓ OF SECTION 7209 OF THE NEW YORK STA7E EDUCA7701V LAW. (631) 765-5020 FAX (631) 765-1797 EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CER77FICA710NS P.O. BOX 909 ■=MONUMENT HEREON ARE VALID FOR THIS MAP AND COPIES 7HEREOF ONLY IF 1230 TRAVELER STREET SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR 12-101 17 O / =WETLAND FLAG WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 )OFFICE LOCATION: ��rjf SOUjy� MAILING ADDRESS: l_ 1 ytXJ� Town Hall Annex �� l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 1(cor.Main Rd. &Youngs Ave.) N �r � Southold, NY 11971 Q Telephone: 631 765-1938 OOUNTY,N�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD �122 MEMORANDUM REMO To: Leslie Weisman, Chair gv �, A 2_111F Members of the Zoning Board of Appeals :ZONING BUNkL U, ,\1VE6W,.,6 From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date November 26, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref RICHARD AND SIOBHAN HANS #7228 SCTM# 1000-98-1-13. The Board of Trustees issued a Wetland Permit (1054C) in 2014 for the replacement of railings and decking on the as-built deck. RICHARD AND SIOBHAN HANS #7228—Request for Variances from Article XXIII, Section 280- 124 and the Building Inspector's August 9, 2018,Notice of Disapproval based on an application to legalize an"as built" deck addition attached to an existing single family dwelling, at: 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 35 feet; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue,NY. SCTM#1000-98-1-13. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA. 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 OY19w h h u >aVMkis . JUNTY OF SUFFOLK t RECEIVED �U—s CI JSP 21 _ A Steven Bellone ZONING BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment September 14, 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 A 14-14 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 Ostrosky, Deborah #7225 Hans, Siobhan #7228 Cheung (Chun Y.) and McLeod (Kevin S.) #7230 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TMcd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 John M.Bredemeyer III,President r4f S0Uj/y0//__ Town Hall Annex Z Michael J.Domino,Vice-President �� �0 54375 Main Road P.O.Box 1179 James F.King,Trustee Southold,New York 11971-0959 Dave Bergen,Trustee G Telephone(631)765-1892 Charles J.Sanders,Trustee �yCOU Fax(631)765-6641 5 BOARD OF TOWN TRUSTEES 7_6 TOWN OF SOUTHOLD OEC _ 201a CERTIFICATE OF COMPLIANCE BY: ''I # 1054C Date: October 8,2014 THIS CERTIFIES that the replacement of the decking and railinpas on the existing f34'2"x11'9"deck At 2125 Pine Tree Road, Cutchogue,New York Suffolk County Tax Map#98-1-13 Conforms to the application for a Trustees Permit heretofore filed in this office Dated October 29,2013 pursuant to which Trustees Administrative Permit#8323A Dated November 13,2013,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of the decking and railings on the existing±34'2"x11'9"deck. The certificate is issued to ESTHER MATELLI owner of the aforesaid property. Authorized Signature James F. King, President O�*r4f Sot�Tyo Town Hall Annex Bob Ghosio,Jr.,Vice-President !p 54 Main Road P..O.O.Box 1179 Dave Bergen Southold,New York 11971-0959 John Bredemeyer G Michael J.Domino Telephone 65-1892 � ` Fax(6311)) 766-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOL,D Permit No.: 8323A Date of Receipt of Application: October 29, 2013 Applicant: Esther Matelli SCTM#: 98-1-13 Project Location: 2125 Pine Tree Road, Cutchogue Date of Resolution/issuance: November 13, 2013 Date of Expiration: November 13, 2015 Reviewed by: Trustee Dave Bergen Project Description: To replace the decking and railings on the existing +!- 34'2"x11'9" deck; and to remove one tree located within the existing deck. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the project plan submitted by Esther Matelli, received on October 29, 2013, and stamped approved on November 13, 2013. Special Conditions: None Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. o� James F. King, President Board of Trustees • a OFFICE LOCATION: O'�XQF SOUryO//__ MAILING ADDRESS: Town Hail Annex `o P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd.&Youngs Ave.) H Southold, NY 11971 � � Telephone:631765-1938 �� Fax:631765-3136 co � ► LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM p E C_F " a� To: Jim King, President Town of Southold Board of Trustees NOV - 7 2013 From: Mark Terry, Principal Planner - LWRP Coordinator -m .,. Date: November 6, 2013 Re: LWRP Coastal Consistency Review for ESTHER MATELLI SCTM#1000-98-1-13 ESTHER MATELLI requests an Administrative Permit to replace the decking and railings on the existing +/-34'2"x11'9" deck; and to remove one tree located within the existing deck. Located: 2125 Pine Tree Road, Cutchogue. SCTM#98-1-13 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 to this department as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B"which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (GENA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins,jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed action(s) are not located within the CERA. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney OCT 2 9 L"013 00 me, C ,hE _ APPROVED BY DeC.,I�� ��E / a BOARD OF� TOVVN�OF SO TRUSTEES UTHOLD DATE Q y e _L Dec k , CQi;pt)/gold r i ----------- AV 's 01) `C' mar �`(✓ "6s tft Oiaw-ftmimftoo"Is bka,.V 4/p. ' ` REDWOOD 2oAD` o ti �l�• a pow • D9 SO E �e,ce 33 e ��• (261.7) ,� R�. .. -=--- S`' F �Fk ` DEC " 6 2018 L T 4\k rDQtVff r� DIN 4 _lAl1P ,�ll �i�2,�\ qA 1-_4 za sti 't' D�'• _ 1 CONM oF • � O r (291.3) sFt ----- 4_ _ • ) — --� 14'S _ 1!•OVER T L'.f1►KE •• 365:Q , 1m nay o c y � • ,• �UUCHEAD ) �t.�rop s� .NOTE: LOT Nd.S.REF E2 TO•MAP OF NA55AU FAQM5, 11ApO� PROPERTY FlLED;JW THE SUFE Co.(:.LERI4'5.OrFiCE r SURVEYED FOR � A` �. �l7q. Af2T.HUF2 SUFE: CO.TAYTHE•2 MATELLI AT ! �l7TCROGUE TOWN OF SOU T H O L D N.Y �I GUARANTEED TO PECoNIC ABSTRACT 1l.►C,,� tNO2FH•FORie BgNtf. SLALE• O':t" AS SU12VEYED JUNE_!5_ - { AREAL 2 t,7 i t ±S•F. a o=MONUMENT .20DE2I`k VAW 7'UYL FC' -r • ----,^_ _ _ . _ , '. ' UC.LkmD'��EYORS - G- REQS.pGy�1T uY. ! FORM NO. 3 & FrEr�Fr TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 20, 2018 RENEWED: August 9, 2018 TO: Suffolk Environmental(Hans) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated April 13, 2018 For an as built deck addition to an existing single family dwelling at Location of property: 2125 Pine Tree Road, Cutcho ug_e, NY County Tax Map No. 1000 - Section 98 Block 1 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 district is not permitted pursuant to Article XXIII Section 280-124 which states that on lots measuring less than 20,000 square feet in total size the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built' deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. A Authoriz Signa Cc: File, ZBA APPLICATIOP 1 THE SOUTHOLD TOWN BOA] )F APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: House No.2125 Street Pine Tree Road Hamlet Cutchmme SCTM 1000 Section 98 Block 1 Lot(s) 13 Lot Size 21,653s.f. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: April 20,2018 BASED ON MAP DATED December 11,2017. Applicant/Owner(s):Richard and Siobhan Hans MailingAddress:60 Knollwood Drive,Larchmont,NY 10538 Telephone: (914)450-4337 Fax#: N/A Email: randshans(i�aol.com NOTE: In addition to the above,please complete below if application is signed by applicant'attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents. Name of Representative: Bruce A.Anderson—Suffolk Environmental Consulting,Inc. for Owners Agent's Address: P. O. Box 2003,Bridgehampton,New York, 11932 Telephone: 631-537-5160 Fax#: 631-537-5291 Email: bruce6i�suffolkenvironmental com Please check box to speck who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or [X] Authorized Representative,or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 12-11,2017 and DENIED AN APPLICATION DATED 4-13-18 FOR: [X] Building Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280-124 Subsection B Type of Appeal. An Appeal is made for: [X] A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal [X] has,[ ] has not been made at any time with respect to this Property,UNDER Appeal No.1362 Year 1970. (Please be sure to research before completing this question or call our office for assistance.) 2143 1942, Name of Owner: ZBA File# REASONS FOR APPEAL(additional sheets may be used with nrenarer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The deck has existed in its present size and layout for many years. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The deck was constructed by the prior owner. (3) The amount of relief requested is not substantial because: The relief requested for the individual size yard setback of 14.4-feet where 15-feet is required and total side yard setback of 30.7 feet where 35- feet is required.Thus the relief request is minimal with respect to individual side yard setback(4% relief)and small for total side yard(12% relief). (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The deck is of minor size and is located landward of a bulkhead and there been no further encroachment towards wetlands. (5) Has the alleged difficulty been self-created? (X)Yes,or( )No. Are there Covenants and Restrictions concerning this land: [X] No. ❑ Yes (please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( )IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorney.) ,1& A. Signature of Appellant or Authorized Agent ,fir (Agent must submit written Authorb*on from Owner) RECETVED Sworn to before me this Jy4'11 day of J U h2 20_xI"� . F APPEALS Notary Public NKA W L FXM QueM in&Ndk QY^ Na 01 PA6240712 emmSion amim May 18.2018 APPLICANT'S PROJECT DESCI CION (For ZBA Reference) Applicant: Richard F.Hans and Siobham Hans Date Prepared:June 25,2018 I. For Demolition of Existing Building Areas Please describe areas being removed: None. F(ECEIVED II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 12' x 34' (deck addition) AUG 09, 2w Dimensions of new second floor: N/A Dimensions of floor above second level:N/A 1-70MNG BOARL,Or APPEAL Height(from finished ground to top of ridge):N/A Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)—Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Number of Floors and Changes WITH Alterations 1 IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1516.23 s.f.(house)+210.12 s. £(garage)+588.6 s.f. deck Proposed increase of building coverage: 0 s.f. Square footage of your lot: 21,653 s.f. Percentage of coverage of your lot by building areas 10.7% V.Purpose of New Construction: Deck(additional outdoor space). 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):Moderate slopes(10%+/-) Please submit seven(7)photos,labeled to show different angles of yard areas after staldng corners for new construction),and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 - 72;2 9 tiECEIVED AUG o q ?098 �PJtFa� '0ARU 1)r APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes [x]No. B. Are there any proposals to change or alter land contours? [X]No [ ]Yes,please explain_ C. 1)Are there areas that contain sand or wetland grasses?Yes(seaward of bulkhead) 2)Are these areas shown on the map submitted with this application?yes 3)Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees:Awaiting,variance relief prior to filing with Trustees. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting?No (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises?No If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No If yes,please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel: Residential—Single Family proposed use Residential—Single Family with deck (examples: existing: single-family;proposed: same with garage or pool,or other description.) Al. A. )V� 0�8 Authorized Signature and Date 2/05; 1/07 FOB11i NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT AUG 2018 Town Clerk's Office `� ° Southold, N. Y. �r,flING ROARD OP APPEALS Certificate Of Occupancy No. ."�33C. . . . . Date . . . J.uly. �7 . . . . . . . . . . . . . . . .. 19 3. . PineTHIS CERTIFIES that the building located at . . . .�.25. . . .. . . Tree .... . . Street Map No Nassau i�a1-ro19 Block No. . . . . . . . . . .Lot No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated august , 19?� . pursuant to which Building Permit No 91J` . . . dated ;'u&us.t .?1. . . . . . . . . . . ., 19�1. ., 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 FaL,1.1. Dwelling. . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . Mrs 1. IA[4r Fried (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . I . . . . . . . . . . . .R• Pending UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER .2125. . . . . . . . Street .Pine Tree Road� Ci.itchogue, ii.Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . Building Inspector Vr.61, 7� JA Row. --4 11-- 2zI Z5 ti rr. .> FORM No.4 -7 RECEIVED TOWN OF SOUTHOLD' BUILDING DEPARTMENT AUG 0 9 2013 Office of the Building Inspector Town Hall 1—'ENING t-3UARU OF APPEALS Southold, N.Y. Certificate Of Occupancy No. . . . . . .Z.], . . . . . Date . . . . . . D.cember 13 1 82. THIS CEm,iFjE5 that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property '12.5 -e' rl.e. .T r e.e .$P Ad, . QAt G b ogu e House No. Street Hamlet County Tax Map No. 1000 Section . . 9.$ . . . . . . .Block . . 0-1� . . . . . . . . . .Lot . . p?-.� . . . . . . . . . . . Subdivision . . ,Nassau Farms. . . . . Filed Map No. � 179. . . .Lot No. g. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated A p,r.z l. 2. . . . . . . . . . . . . . . 19$2. pursuant to which Building Permit No. . 11,$?1 Z . . . . . . . , . . . . dated, . . . . .Ju?.y. ?6. . . . . . . . . . . . . . 1982, ,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 . . . . . . . . . . . . . . ac.cQ,3,9Pr.y. zar.ago. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . .Gera.r.d . Qalli.an.0 (o caner,4esset or-tens a0- of the aforesaid building Suffolk County Department of Health Approval . . . Al.A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . NAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 Repair .. .. .. ....... . Rc;rnoval .. ...`.... .., .. Domo•lition .. . , .. .. ... . . . Other ftrk .. ... ... .. .... 7 ) (Description) 7 7(►Mk7� �bST . ... . 100 i'._ .1.© ... . . . . .. (to be paid on filing this application) i. If dwelling,number of dwelliunits .. ..... ... ..... Number of dwelling units on each floor. .. ...... .. .. .. Ifgarage,number of cars .0,66. ....... . . . ... .. ...... . .. . . .. ......... ,......... .... ., .... .. .. RECEIVED i. If business,commercial or mixed occupancy,specify nature and extent of each type of use .... .. ......... . .... n r. Dimensions of existing strucriires,if any: Front . .... ... .:.. . .. Rear . . , . .. .. .. . ... Depth .. .. ...... ... . Ll� Height ........ ... ... . .Number of Stories . . .. ... . .. . . . . .... .. .. . .......... ....... . ....... ....... Dimensions of sante structure with Height or additions: Front ...Numbl;.of. .. ..StoriesRear ... . ...... ....Zf'N(N(;�np�G HEAP i. Dimensions of entire new constrticzion:.FiQnt . ./.•r��'... .. . ... Rear ,,/,a4LS , . , . Depth .4a.i. ,,...... pEA Height ... -Number of Stories . ... /. ). Size of lot: Front .;7 . . . . ....... . ..... Rear .���1•.�/�.... , , . .... . Depth .. ..... ..... ... ). Date of Purchase . . ... ... .... ... .. . ........ .. ..Name of Former Owner ......... ................. I. Zone or use district in which premises are situated.. . . .. .... .. ... . .. .. . ..... ...... ...... ..... .. . ...... . ?. Does proposed construction violate any zoning law,ordinance or regulation: ........................ ....... 3. Will lot be regraded .. .... . .. . .. . .. .. . ....... .Will excess fill be removed from premises: Yes Nt 1. Name of Owner of premises . . ... . .. .. . .. . .. ....Address .... . .. .. .... . .. ...Phone No. ... ... ..... . .. Name of Architect .. ..... ..... . . ... . .........Address . . .. . ........... . ..Phone No. ......... .. ... Nameof Contractor . .. ... .... . .. . ..... ... ... ..Address .... .. . .... .. ... ...Phone No. .... ......... . PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions fron roperty lines.Give street and block number or description according to deed,and show street names and indicate whethe tenor or corner lot. ?E D kjoo.DL,9 N'E-7 � 9- a r� J 6,9 r a-6 10 t.-E---110' — t 2 9/.3 -__ -- _I K TATE OUMYF N Y RK S.S • •.....�... .. .�a.�. . . .. .. being duly sworn,deposes and say hat he is the applicaa ( me of individual sig.ning. contract) Bove named. e is the ... . ��.:'.-"�'_, ., . ... `.'��. (Contracto , gent orporate officer,etc.) f said owner or owners, and is duly authorized to rform or have performed the said work and to make and file thi ?plication;that all statements contained in this appli ation are true to the best of his knowledge and belief;and that th ork will be performed in the manper set forth;ti the application filed therewith. worn to before me this-_��..�.. pp. .�..4�"!.day of. . . .. . 190C/J Puplic, .... .. ounty . . . . VWWV PUBLIC, S a of New yon N�.b2 812550 SuftnlR to rarm Ezpirei Marob 30. 15 v N;. FORM NO. 4 4-1-7 a 9- TOWN OF SOUTHOLD aECEWE© BUILDING DEPARTMENT Office of the Building Inspector ALG Town Hall Southold, N.Y. INNING 30ARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-20453 Date JANUARY 8, 1992 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 2, 1992 pursuant to which Building Permit No. 20363-Z dated JANUARY 6, 1992 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 PATIO ENCLOSURE & BATHROOM ADDITION TO EXISTING ONE ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GERARD GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/61 I 3. Nature of work(check which applicable): New Building . . . ...... . � . . Addition "Mor'llu terations h�Kl Repair . . .. ... ... .. . . Removal . .. ... .... . .. Demolition .... .... . .... . Other Work.... ..,, ... 40 (Description) 4. Estimated Cost .. ...�V^ 0: .. .. . . . .. . .. .. . .. .. . . . Fee .. .. ..... ....... .. ... ..... (to be paid on filing this application) S. If dwelling,number of dwelli�g,ttjits .. . . .. . . . . . .. .. Number of dwelling units on each floor. .. ,.., If garage,numberQQ pars;b' 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use ....... .., 7. Dimensions of existing structures,!if any: Front .. . .. . . . .... Rear ... .... ..... . . Depth . Height .. . .::.?''" . ; Number of Stories .. . .. ... .... .. Dimensions of same structure witli alterations or additions: Front Rear . Depth ......... ... .. .... . .. . Height .. . .. .. , . . .... . ..... ..Number of Stories r , .. ...... 8. Dimensions of entire new construction: Front . . ........ . .. . Rear . , Depth Height .. ... ..... .....Number of Stories . . ... .. ...... 9. Size of lot: Front .. .. .... . . .. . ... . .. . . . Rear . .. ....... .. .. .. .... ..,.. ,. .. .... .. •• Depth 10. Date of Purchase Name of Former Owner . .. ... . ...... 11. Zone or use district in which premises are situated, 12, Does proposed construction violate any zoning law,ordinance or regulation: ,,. . . RECEIVED 13. Will lot be regradedWill excess fill be removed from premises: Yes No 14, Name of Owner of premises , , , ,, ,, , , , , ,, ,, ,,,,,Address m . .... .. ..... .. .. .. .Phone No, .. .... . ........ AUG � r �9� Nae of Architect .. ... .. .... .... . . . ..... .. .Address .. .. . .. .. . .. .. .. ...Phone No. Name of Contractor . .Address .Phone No. 15. Is this property located within 300 feetofa tidal wetland? *Yes .,,, No ... ZliNTNG BOARS nF APPEALS *If yes, Southold Town Trustees PermitPLaybe r, ed. DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines.Give street and block number or description according to deed,and show street names and indicate whether interior or corner lot. t \�q q'' ! ryr � OC.CUPANgY OR PLUMBER CERTIFICATION _ USS•IS UNLAWFUL ON LEAD CONTENT BEFORE OUT OERTIFICATE CERTIFICATE OF OCCUPANCY' FO CCUPANCY SOLDER USED IN WATER - SUPPLYSYSTEM CANNOT. EXCEED 2/16 of 1°10 FAD. STATE OF NEWpY ``•• COUNTY OF . .. . .. . . being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . .... . ... .. ...�.NV.V.\1'X11�.. . .. .. .. . ... . ... . .. (Contractor,agent,corporate officer,etc,) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the ma e'set forth in the application filed therewith. Sworn to before me this Notary Public, . . county GARY raNNEii OLSEN Notary Public,Stet,,of Ne.w York No.52-ISF960o . . , . .... .. . ... . .. ..... . ... QuilVied i Suffolk County Commission ExpireaM,3ra 30,1s (Signature of applicant) FORM NO. 4r TOWN OF SOUTHOLD DECEIVED BUILDING DEPARTMENT ��� ��yn Office of the Building Inspector Town Hall Southold, N.Y. 7�NI�(,MAW)()F APPEALS UPDATED PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23719 Date JUNE 21, 1995 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23719 dated JUNE 21, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY 1 CAR WOOD FRAME GARAGE The certificate is issued to GERARD & HUGUETTE GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. NOTE: THIS UPDATES PRE CO Z-20454 DATED JAN. 8, 1992. Bu lding Inspector Rev. 1/81 DING DEPARTMENT avwfjP8jTjODDUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 2125 PINE TREE ROAD CUTCHOGUE, N.Y. number S street municipality SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) GES GALLIANO OCCUPANCY A-1 RES. OWNER —7o type owner-tenant ADMITTED BY: GERARD GALLIANO ACCOMPANIED BY: SAME RECEIVED KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-98-1-13 SOURCE OF REQUEST: GARY OLSEN, ATTY DATE: JUNE 15, 1995 DWELLING: ZnNTNG R�ARD OF APPEALS TYPE OF CONSTRUCTION WOOD FRAME # STORIES ONE # EBITS 4 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE TOTAL ROOMS: IST PLR. 5 2ND FLR. 3RD PLR. BATHROOM (s) 3 TOILET ROOM (s) UTILITY ROOM PORCH TYPE DECK, TYPE PATIO BREEZEWAY FIREPLACE ONE GARAGE DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING TYPE HEAT OIL WARM AIR II HOTWATER OTHER: ATTACHED STORAGE ROOM ON FRONT. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. I CAR WOOD FRAME STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION b BUILDING CODE LOCATION DESCRIPTION ART. SEC. ARKS: BP #4917Z-CO Z-5330 (Addition 6 deck) BP #118212-CO Z-11348 (ACCP GARAGE) BP #203632-COZ-20453 (ALTERATION-PATIO ENCLOSURE 6 BATHROOM ADDITION) IN5PF_CTED BY DATE OF INSPECTION JUNE 7, 1995 GARY y/eFUM TIME START END Town of Southold Annex 11/13/2014 P.O.Box 1179 O s 54375 Main Road RECEIVED '�y • `�,j Southold,New York 11971 r�UG 0 �� 7«jQit4H }�4.i(JF APPEALS CERTIFICATE OF OCCUPANCY No: 37269 Date: 11/13/2014 THIS CERTIFIES that the building SHED Location of Property: 2125 Pine Tree Rd, Cutchogue, SCTM#: 473889 See/Block/Lot: 98.-1-13 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/25/2013 pursuant to which Building Permit No. 38485 dated 11/7/2013 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 SHED AS APPLIED FOR The certificate is issued to Matelli Arthur Rev Trust&Matelli Esther Re (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autho Si ature i I REVIWC)OD RAAO vet vwvN? D¢tVE40 _ OF Afc FENCE + 64/tJEL-1FT.t) r! 4sF <S 256 OLADS S�fc� t S 11evo�i� U - I cc I jpp 'ccw ���4Z owe f �� rcC, (1, rc: wwna.o.abnv NOTE i .aaue. LOT hY1`S,t2EF'£R.2 MIiP �Jf t3A5SA11 FAQM5, I Sapbn nd y ` °'d TFg 5Ugv CO.CC61ZtC�'!5 C'?FFtCE .MAP OP RROPERTY „��;w •,bb�,,,.,, As e_ax+.,,�9.. , wnobbaq,, '.al.lFF. CO.TAX hiF?1P NO.rIOQQ-9'8-:_13. 1 AQt Hf2 ��+}} � b�ow ww,l„vb+wr,M, '-' Q D ' XnC.Won N4aYrbw MATE = . .� 1 .. T.Q�gtNI,-3F: g6T4�y , POLY. s t RtKT. r r 1C. ......... . . ...'#i+J< -Ate r� z H i Gr c= r TOWN OF SOU7.` OLD, NEW YORHAu ust 20 1970 DATE ........�......... ACTION OF THE ZONING BOARD OF APPEALS aFCEIVED Appeal No. 1362 Dated August 5, 1970 AUG G q M" ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD }NIN6'3i)AftL)�)FANNEALS To Mrs. Anne Fried Appellant 47 Pine Tree Road Cutchogue, New York at a meeting of the Zoning Board of Appeals on AUgUst 20, 1970 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (� Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph ...........I........ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. (E.D.S.T.), upon application of Anhe Fried, 47 Pine Tree Road, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for permission to construct addition to existing dwelling with reduced front yard setback. Location of property: east side of Pine Tree Road, Nassau Farms, Map No. 1179, Lot # 19, Cutchogue, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. &PROVEiYEE REVERSE C1 rar G BOARD OF APPEALS FORM ZB4 Cha man oar ppeas orie McDermott Secretary hold Town Board of Appeals . aECFrvEn Z�PQ?PJG nOARG OF APPEALS After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with reduced front yard setback, located east side of Pine Tree Road, Nassau Farms, Cutchogue, New York. The extension will be 12 ft. x 15 ft. which will leave a side yard of approxi- mately 7 ft. on the north side of the right-of-way known as Red Wood Road. The Board agrees with the reasoning of the applicant that Red Wood Road is a pedestrian right-of-way to the water and will not create a traffic hazard. The house is set back 200 feet from the main road, Pine Tree -Road. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESUVED Anne Pried, 47 Fine Tree Road, Cutchogue, New York, be GIUNTED permission to construct addition to existing dwelling with reduced front yard setback as applied for on property located east side of Pine Tree Road, Nassau Farms, Map No. 1179,. Lot # 19, Cutchogue, Itew York. Vote of the Board; Ayes: - Messrs; Hulse, Bergen, Grigonis. 2013 OF APPEALS e: �= :M1F - Son. Lhof Town Board ot' Aawnls MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2993 Application 'Dated May 20, 1982 TO: Mr. Norman Addy as agent for Mr. Gerard Galliano, [Appellant (s) Box 262 2125 Pine Tree Road Mattituck, NY 11952 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on June 26 , 1982 the above appeal was considered, and the action indicated below was taken on your I Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 r i Request for The public hearing on thismatterwas held on June 17 , 1982. Upon application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue, NY; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13. The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 12' by 20 ' garage near the grape arbor in the frontyard area located approximately six feet to the south property line and 110 feet to Pine Tree Road. The premises in question contains an area of approximately 31,000 square feet with 76-foot road frontage and 107. 49-foot frontage along Little Creek. Existing on the premises is an one-story frame house with porches (as indicated on the July 2 , 1976 survey submitted with the appeal application) . It is the consensus of the board that this location is the most feasible and practical under the circumstances, particularly due to narrow passage- ways along the side of the house. The board agrees with the reasoning of appellant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the application of GERARD GALLIANO by Norman Addy as agent, for permission to construct garage in the frontyard area, be and hereby IS APPROVED , SUBJECT TO THE FOLLOWING CONDITIONS : 1. That this garage structure shall not be closer than six feet to the south property line and not be closer than 110 feet to Pine Tree (CONTINUED ON PAGE TWO) DATED: July 26 , 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 ZECEIVED Matter of Gerard Galliano oc Appeal No. 2993 209 Decision Rendered June 26 , 1982. 7-1NING 3OARu OF APPEALS Road; 2. That this garage structure be used only for storage (no sleeping or living quarters) . Location of Property: 2125 Pine Tree Road, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-13. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Absent was : Member Doyen, Fishers Island) . This resolution was unanimously adopted. APPROVED ------------- RECEIVED AND FILED BY THE SOUT1:ULD TOyt N CLERK Chairman Board of Ap— peals DATE 0/9j- HOUR,-S5 0 m. Town Clerk, To*vm of uthold RECEIVED ����� AGRICULTURAL DATA STATEMENT AUG 0 ;9 2018 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING SOARC)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: WWW 21c kpty-b F I-IAd�ls 3 S to 6HA1,--) H 0"S 2. Address of Applicant(ao 3)ei�r� +�C�+�,u;^a r J 1 cis"38 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: t��c12a AN g lisnnyG t2' x�`t' cS'�3c 8.6 S• r• nC-C�c 6. Location of Property: (road and Tax map number) ZIZS- P! Nc iz-m ko Cl 000 -q S- 1 - 13) 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively farmed? { } Yes 0 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 there are additional property owners) ,(� 4. / Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Short Environmental Assessment Form RECMEG Part 1 -Project Information twG 6 9 2W, Instructions for Completing Z,ENING BOA L)01 APPEALS 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 Richard and Siobhan Hans Name of Action or Project: Hans Project Location(describe,and attach a location map): 2125 Pine Tree Road,Cutchogue Brief Description of Proposed Action: Legalize an existing 12'x 34'(588.6 s.f.)deck Name of Applicant or Sponsor: Telephone: 914-450-4337 Richard and Siobhan Hans E-Mail: randshans@aol.com Address: 60 Knollwood Drive City/PO: State: Zip Code: Larchmont NY 10538 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 ❑1 ❑ 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 orapproval: ElSouthold Town Trustees and NYSDEC(Wetlands) V 3.a.Total acreage of the site of the proposed action? U.5 acres b.Total acreage to be physically disturbed? 0.0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. [:]Urban ❑Rural(non-agriculture) [-]Industrial ❑Commercial OResidential(suburban) ❑Forest ❑Agriculture ®Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ?018 _10D ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? -,,,N!Nk;btlI KU JF APPEAi ❑ ❑✓ ❑ 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:Little Creek(a tributary to Peconic Bay CEA) ❑ Q 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? F6-/] ❑ 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? NO YES If No,describe method for providing wastewater treatment: ❑ On site septic system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? R] ❑ b.Is the proposed action located in an archeological sensitive area? ❑✓ 1 ❑ 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? ❑ ❑✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban m Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a ❑ a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systemsoff and storm drains)? run If Yes,briefly describe: NO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that resultpundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? *--1-1-1 3 If Yes,explain purpose and size: A LI G 6 &' HL 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sp or name:Bruce A.Anderson-Suffolk Env.Cons.,Inc. Date:June 25,2018 Signature: —4. Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 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 AECEYVED No,or Moderate small to large `I impact impact may may p�^,t,p� `���� occur occur 10. Will the proposed action result in an increase in the ji 6HA itiY4F@idX, oo n 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 Ai- DECEIVED Baa ( Board of Zonine Appeals Application (IIG €� 9 AUTHORIZATION Z)NING ROARD k)F APPEALS (Where the Applicant is not the Owner) We,Richard F.Hans and Siobhan Hans residing at 60 Knollwood Drive. Larchmont.NY 10538 do hereby authorize Suffolk Environmental Consulting,Inc.to apply for variance(s)on our behalf from the Southold Board of Appeals. gzz� AA±=—- Richard F.Hans Siobhan Hans r i APPLICANT/OWNER 'r ANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of Town officers and emnloyees. The purpose of this form is to provide information. which can alert the Igwn of possible conflicts of interest and allow it to take whatever action is pecessary to avoid same. YOUR NAME: Richard F Hans (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the 1,20a other person or company name.) RECETVF(` NATURE OF APPLICATION:(Check all that apply.) , Tax Grievance �j U Variance X Change of Zone nFAPPEALS Approval fo Plat Other(activity) Do you personally,(or through your company,spouse,sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person:.. Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this �l` M Ze>7 Signature: Print Name: Richard F. Hans APPLICANT/OWNER i KANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necesaa to avoid same YOUR NAME: Siobhan Hans (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 ,���EIVED other person or company name.) NATURE OF APPLICATION:(Check all that apply.) �'� ' Tax Grievance Variance X ZI)NING Change of Zone Approval fo Plat Other(activity) Do you personally,(or through your company,spouse,sibling, parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this A-I Signature: 4-747 Print Name: Siobhan Hans 4---7;2ag DECEIVED APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM `�'UG 0 9 2 a The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers kd' &4he this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Bruce A.Anderson (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) NAME OF APPLICATION:(Check all that apply.) Tax grievance Building Variance_ X Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) 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 than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 25'b day of June,2018 Signature 5s_ � - Print Name Bruce A.Anderson Form TS i RECEIVED - -7 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM «ENING MARL)OF ANNEALS 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# 98 - 01 - 13 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept/ZBA. . ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to legalize an existing 12' x 34' (588.6 s. f.) deck. Please refer to the attached Survey for all project specifications. Attach additional sheets if necessary Location of action: 2125 Pine Tree Road: Cutchoaue,New York p Site acreage: 0.50 acre f ,�ECEIVE'D Present land use: Residential Present zoning classification: R-40 )NTNG:'FARC"F 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: Richard and Siobham Hans (b) Mailing address: 60 Knollwood Drive,Larchmont,NY 10538 (c) Telephone number: Area Code(914)450-4337 (d) Application number, if any: N/A Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to legalize a deck that has harmoniously existed for many years in this residentially developed neighborhood. Accordingly,this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Towi4 hold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria AUG © 9 '013 p ® Yes ❑ No ❑ Not Applicable o )NING t3OARU OF APPEALS Subject proposal will not adversely impact the visual quality of the surrounding area in that the subject parcel was already improved with an existing single-family dwelling with deck which has not impeded visual quality or the value of local scenic resources. Therefore the instant proposal fully complies with this Policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures,and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposal is to legalize and existing deck.The dwelling and deck are protected by a bulkhead. Therefore,the instant proposal fully complies with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The deck is inert and open from below and has no impact on water quality and supply. Consequently, this project complies with this Policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed deck is separated from wetlands and surface waters by an existing bulkhead with no additional encroachment towards wetlands Consequently,this proiect complies with this Policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III-Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. 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 A' Fr —7R�1 q This proiect is not applicable to this Policy. C4 2013 o�U � NTN Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to,and recreational use of,coastal waters,public lands,and public resources of the Town of Southold. See LWRP Section III—Policies;Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This proiect is not applicable to this Policy. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town Waters. See LWRP Section III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable This project is not applicable to this Policy. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section I }es;Pages 62 through 65 for evaluation criteria. �� El Yes El No �' � © 9 'LI 13 ® Not Applicable ZONING BUARU OF APPEALS This proiect is not applicable to this Policy. 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 This project is not applicable to this Policy. Attach additional sheets if necessary HANS Property Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York SCTM #: 1000 — 098 -01 — 013 kECtivF_ (Photo taken on June 25, 2018) AUG 0 9 201 X11 z S e l Photograph indicating the existing deck off the rear of the existing dwelling, facing south. HANS Property ;4 7C�2g Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York RECEIVED SCTM #: 1000 — 098 -01 — 013 AUG 0 9 2018 (Photo taken on June 25, 2018) TUNING BOARD OF APPFJNLS i 1 +n �L ♦ r t � 7 Photograph indicating the existing deck off the rear of the existing dwelling, facing east towards Little Creek. HANS Property Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York �ao2g SCTM #: 1000 — 098 -01 — 013 RECEIVED (Photo taken on June 25, 2018) AUG G 9 2018 C7NING BOARD OF APPEALS } r } 5 'S Maax' »*,wn Y U i ` 'r'rrr � rrYrr ■ ii`li ■ ■ ICU aamNis m E ma ir ■ ■ ■ ■ � s : -•�-�j---'-.r rr-w t. .. w w w r +w w. .� w r wr w w +� rr �r �r ar .w �w ,� �_t• I ■ ■ ■ � ■ ■ '�f Photograph indicating the existing deck off the rear of the existing dwelling, facing north. HANS Property Situate: 2125 Pine Tree Road ■ Cutchogue ■ New YorkEIVED SCTM #: 1000 — 098 -01 — 013 AUG 0 0 2018 (Photo taken on June 25, 2018) :LINING BOARD OF APPEALS AL . Photograph indicating the existing deck off the rear of the existing dwelling, facing west. HANS Property Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York SCTM #: 1000 — 098 -01 — 013 4--VA (Photo taken on June 25, 2018) [DECEIVED AUG a 9 zo18 q xi ro. 9 a W w a 5k r., yx z , r x ix YFs• Photograph indicating the existing deck off the rear of the existing dwelling, facing north. HANS Property . Situate: 2125 Pine Tree Road ■ Cutchogue • New Yo ED SCTM #: 1000 — 098 -01 — 013 (Photo taken on June 25, 2018) AUG 0 9 2018 ZONING BOARD OF APPEALS ^qA7 Y +y r x k # � � # � a +� � � seraw # ■�r ■ rrrr ■## #r#r�rr# r 47G # # IM # # # �'� � 9� �e # # 9I ######## ## # •!# #tri r .. .. w. a. . .. . . . x . s ... b r Photograph indicating the existing deck off the rear of the existing dwelling, facing south. HANS Property 4- Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York 7�?a Q SCTM #: 1000 - 098 -01 - 013 ' =� v (Photo taken on June 25, 2018) AUG 9 2018 pq rim 1 !r I fit :E< , Photograph indicating the existing deck off the rear of the existing dwelling, facing northwest. k 72�)g HANS Property ECM® Situate: 2125 Pine Tree Road ■ Cutchogue ■ New YorkUG 0 9 2018 SCTM #: 1000 — 098 -01 - 013 ZONING BOARD OF APPEAL5 {i mj 0 A' R 7, n r Photograph indicating the delineated wetlands boundary along the shoreline of subject property and Little Creek. Photograph taken from the easterly section of the property, facing northwest. oi -7ol HANS Property DECEIVED Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York 9 2018 SCTM #: 1000 — 098 -01 - 013 ZONING BOARD OF APPEALS a g% Photograph indicating the delineated wetlands boundary along the shoreline of subject property and Little Creek. Photograph taken from the easterly section of the property, facing southwest, along Little Creek. HANS Property �tECEIVE© Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York 201 SCTM #: 1000 — 098 -01 - 013 ZONING BOAR[ OF A"E"5 s N . +fit+, .#,.�3-.v^ ,�,,-�";�;^,. �, .,:r°^: ,�..,•m.„.F, -^ Photograph indicating the delineated wetlands boundary along the shoreline of subject property and Little Creek. Photograph taken from the dock, facing west. O RECEIVED HANS Property Situate: 2125 Pine Tree Road ■ Cutchogue ■ New York <<WING BOARD OF APPEALS SCTM #: 1000 — 098 -01 — 013 J�. It i :., .. _..-..rte....... Photograph indicating the existing trees to be removed (arrows). Photograph taken from the shoreline of subject property and Little Creek, facing southwest. C14 _ r=te ��" :'..T •a. � r�� a o o - '- TO"- - N OF SOUTHOLD Il� ' CQ�� � D � m OWNER' STREET VIE. GE DISTRICT SUB. LOT .�► . 15 Rim -e, moi,-e e /Cott 4.11%11`014 ®R.. CL FORMER OWNER , `' - N � E ACREAGE i., •'� ;'�� ��a� s W TYPE OF BUILDING f �� LEE !7. AR 1. '0,-. 9F. G vs , SEAS. VL. FARM COMM. IND. f C8. Est. Mkt. Value W LO LAND IMP. TOTAL DATE REMARKS � �/ � * . fd ' de LO I LY oe 43 � ,�„ L g oS• a-u- 0 3 ?' .! CO r S , d+e3 /els. 1 ANa fJP o 0 6 O 71 access aro. a =" '.• M--- � a 76" AGE �, .. f BUfLDING CND ITI f�(o�y�? '�P 020343 - Fnelos e' A-4 o 4=�,c� .-�3 �°�_-:�'�,��.. *. FRONTAGE ON WATERj�f rr1iN -7oo Form 5-S6CAcre Per cre Value FRONTAGE ON ROAD LO Tillable ]0 p 5_ 700,: �� / BULKHEAD d�e� Tilla'bie 2 DOCK _ o m Tillable 3 Lo 2 �, �j Woodland c' c.. -�r 7�' LttP.��r��h Q `'' Swampland =' yA r V r� 1-J CD rJQ Brush larm• �>. +tir- •' -ra m CD CD Hoarse Plot `" � qy : 15 0.001m N 1 It i CD -f► Totir yr m` ti w i a 1 ` 5 _ LO W LO CO IE F- 98:i-13 212014 0 -- - I C!7 1, ,KT.y irl6 i 1 .i I I l i i • I i M. Bldg. Foundation � °� > 1 Bath Extension , -� ./ + Basement '. f3' Floors /, Ext~' Walls Interior Finish I'D,Extension �. ' } - a � ` ,r s r Fire Place Heat J F Lm Extension ! 3 _ O M '� O _ PorchROaf SyneCk;Df$ Porch Rooms l st Floor z R .Crii `' PatioRooms 2nd Floor m Breezeway m O-{ f Z d� fDormer ry CA /§-WN j � o j - Y 0C ' irr Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax. (631) 537-5291 Bruce Anderson,M.S.,President HAND DELIVERED (;E,CE18!EI/ August 8, 2018 AUIG; 0 ) (ala Southold Board of Zoning Appeals ''�''`� �()Ah""" APPEALS Southold Town Building Department P.O.Box 1179 Southold, NY, 11971 Re: HANS Property Situate: 2125 Pine Tree Road,Cutchogue, NY SCTM#: 1000—98-1-13 Dear Members of the Board, Application is hereby made for zoning variance pursuant to a Notice of Disapproval issued by the Southold Town Building Department dated April 20,2018.Application contents are as follows: 1. Notice of Disapproval dated April 20, 2018 issued by the Southold Town Building Department; 2. Application to the Southold Town Board of Appeals dated June 25, 2018; 3. Applicant's Project Description dated June 25,2018; 4. Questionnaire for Filing with your Z. B.A.Application dated June 25,2018; 5. Certificates of Occupancy No.Z5330 dated July 27, 1973 for private one family dwelling; No.Z11348 dated December 13, 1982 for accessory garage; No.Z20453 dated January 8, 1992 for patio enclosure and bathroom addition to existing one family dwelling as applied for; No Z23719 dated June 21, 1995 for one family dwelling with accessory 1 car wood frame garage; and No. 37269 dated November 13, 2014 for accessory shed; 6. Zoning Determination No. 1362 filed August 20, 1970; 7. Agricultural Data Statement prepared by this office dated June 25,2018; 8. Short Environmental Assessment Form prepared by this office on June 25,2018; r _ I.ECEIVEC 7ZI.8 9. Authorization executed by the property owners, Richard and Siobhan Hans;, ; HRL JF APPEALS 10. Applicant Transactional Disclosure Form executed by the owners of the property on May 28th and May 29`h, 2018; 11. Applicant/Agent/Representative Transactional Disclosure Form executed by me on June 25,2018; 12. LWRP Consistency Assessment Form prepared by this office on June 25, 2018; 13. Photographs of subject property prepared by this office on June 25,2018; 14. Property Assessment Card obtained from the Southold Town Assessor's Office; 15. Survey prepared by Peconic Surveyors,P.C. last dated December 11, 2017; 16. Building Plans prepared by Nigel Robert Williamson,Architect dated October 27,2017; and 17. Check made payable to the Town of Southold in full satisfaction of the required application fee. By way of this correspondence, I request that you commence the processing of this application and schedule a public hearing for presentation and determination.Thank you in advance for your anticipated cooperation. urs trul , Bruce A.Anderson Cc.S. Hans ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : AUGUST 17, 2018 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Fk-�►IVSD 7228 HANS, SIOBHAN 470 $1000.00 AUU 1 7 2018 Southold Town Clerk TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: ES Thank you. 470 RICHARD F.HANS,JR. SIOBHAN HANS 'Y 60 KNOLLWOOD DR. - ATE t':s vg; LARCHMON7,NY 1051238 38 k r. �.:�,::__,�..;,�.; ":�_. •./7(' - , 060 w«v VAY To THE ORDER OF d �r ^ �& {•-- DOLLARS CHASE iPMorgan Chase Bank,NA ,ww.ChaSe.00M NP MEMO _ g11ff0Q, ELIZABETH A. NEVILLE,MMC �O� CQ Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS coo Fax(631)765-6145 MARRIAGE OFFICER ,j► ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��,� �`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: August 20, 2018 RE: Zoning Appeal No. 7228 Transmitted herewith is Zoning Appeals No. 7228 for Richard and Siobhan Hans: 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) 7LWRP Consistency Assessment Form f otice(s) of Disapproval oard of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- COYCr LPPJ►r o6 fq�pl. Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- _TDrawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/20/18 Receipt#: 247577 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7228 $1,00000 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#470 $1,00000 Hans, Siobhan & Richard Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Hans, Siobhan & Richard 60 Knollwood Dr Larchmont, NY 10538 Clerk ID: SABRINA Internal ID,7228 BOARD MEMBERS OF SOS Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� ly�1 53095 Main Road- P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYcou 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, DECEMBER 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, DECEMBER 6, 2018. 11:00 A.M. - RICHARD AND SIOBHAN HANS #7228 — Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application to legalize an "as built" deck addition attached to an existing single family dwelling, at: 1) located less than the code required minimum side yard setback of 15 feet; 2) located less than the code required minimum combined side yard setback of 35 feet; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM#1000-98-1-13. 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: November 15, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 tA61 k' k-=P-, TIPESEI': Mon Nov 19 12:51-05 EST 2018 an existing single family dwelling,at: 1)lo- southoldtownny.gov LEGAL NOTICE cated less than the code required minimum Dated:November 15,2018 SOUTHOLD TOWN ZONING BOARD side yard setback of 15 feet;2)located less ZONING BOARD OF APPEALS OF APPEALS than the code required minimum combined LESLIE K A N E S W E I S M A N, THURSDAY,DECEMBER 6,2018 side yard setback of 35 feet; at: 2125 Pine CHAIRPERSON PUBLIC HEARINGS Tree Road,(Adj.to Little Creek)Cutchogue, BY Kim E.Fuentes NOTICE IS HEREBY GIVEN,pursuant to NY.SCI'M#1000-98-1-13. 54375 Main Road(Office Location) Section 267 of the Town Law and Town Code 11:15 A.M.-JANE SMERGLIA#7220— 53095 Main Road(Mailing/USPS) Chapter 280(Zoning),Town of Southold,the Request for a Variance from Article XXIII, P.O.Box 1179 following public hearings will be held by the Section 280-124 and the Building Inspector's Southold,NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF July 23,2018,Notice of Disapproval based on 2286580 APPEALS at the Town Hall, 53095 Main an application for a building permit to con- Road,P.O. Box 1179, Southold,New York struct additions and alterations to an existing 11971-0959,on THURSDAY,DECEMBER single family dwelling,at;l)located less than 6,2018. the code required minimum front yard set- 9:30 A.M. - ANTHONY PIROZZI, JR. back of 35 feet;at:225 Sigsbee Road,Mat- #7216—Request for a Variance from Article tituck,NY.SCTM#1000-143-2-5. XXIII,Section 280-124 and the Building In- 1:00 P.M. - MMC REALTY 2 FAMILY spector's July 16, 2018, Notice of Disap- LIMITED PARTNERSHIP #7221 — Re- proval based on an application for a building quest for a Variance from Article III,Section permit to construct deck addition to existing 280-13A and the Building Inspector's June single family dwelling,at;1)located less than 12,2018,Notice of Disapproval based on an the code required minimum combined side application to legalize"as built"alterations to yard setback of 35 feet;at:1769 Smith Road, an accessory building, at; 1)more than the (Adj. to Hog Neck Bay) Peconic, NY. code permitted one dwelling on each lot;the SCTM#1000-98-4-20. proposed construction constitutes a second 9:45 A.M. - CINTHIA THORP. #7218— dwelling unit in the accessory building;at: Request for Variances from Article XXIII, 7625 Nassau Point Road, (Adj. to Little Section 280-124 and the Building Inspector's Peconic Bay) Cutchogue, NY. SCTM# June 29,2018,Notice of Disapproval based 1000-118-4-4. on an application for a building permit to 1:15 P.M.DAVID AND DIANE NELSON construct additions and alterations to an exist- #7223—Request for a Variance from Article ing single family dwelling,at;1)located less XXIII,Section 280-123 and the Building In- than the code required minimum side yard spector's June 25, 2018, Notice of Disap- setback of 10 feet;2) located less than the proval based on an application for a building code required minimum combined side yard permit to make additions and alterations to an setback of 25 feet-,at:120 South Lane,(Adj.to existing seasonal cottage, at; 1) a non- Orient Harbor) East Marion, NY. conforming building containing a non- SCTM#1000-37-6-3.4. conforming use shall not be enlarged,recon- 10:00 A.M.-MICHAEL AND COLLEEN structed,structurally altered or moved,unless LOGRANDE#7224—Request for Variances such building is changed to a conforming use; from Article III, Section 280-15 and the at: 65490 Route 25, (aka Sage Boulevard, Building Inspector's July 6,2018,Notice of Breezy Shores Cottage#24,Adj.to Shelter Disapproval based on an application for a Island Sound)Greenport,NY.SCTM#1000- building permit to demolish an existing single 53-5-12.6. family dwelling and accessory barn and build 1:30 P.M. - 1855 DEPOT LANE, LLC., a new single family dwelling and accessory BRUCE BROWNAWELL AND ANNE garage,at; 1) existing accessory garage lo- MCELROY#7226SE—Applicants request a cated in other than the code required rear yard; Special Exception under Article III Section 2) proposed accessory garage partially lo- 280-13B(14).The Applicants are the owners cated in other than therode required rear yard; requesting authorization to establish an Ac- at: 550 Fleetwood Road, Cutchogue, NY. cessory Bed and Breakfast,accessory and in- SCTM#1000-137-5-1. cidental to the residential occupancy in this 10:15 A.M. - DEBORAH OSTROSKY single-family dwelling, with three (3) bed- #7225—Request for a Variance from Article rooms for lodging and serving of breakfast to III,Section 280-13A and the Building Inspec- the B&B casual,transient roomers.Located tor's August 9,2018,Notice of Disapproval at: 1855 Depot Lane, Cutchogue, NY. based on an application for a building permit SCTM#1000-102-1-9 1 to make additions and alterations to an exist- 1:45 P.M.-TRACY PECK AND DAVID ing accessory building,at: 1)more than the CORBETT#7209—(Adjourned from No- code permitted one dwelling on each lot;the vember 1,2018)Request for a Variance from proposed construction constitutes a second Article XMIL Section 280-124 and the dwelling unit in the accessory building;at: Building Inspector's June 25,2018,Amended 1260 Koke Drive, Southold, NY July 20,2018,Notice of Disapproval based on SCTM#1000-87-5-17. an application for a building permit to demol- 10:45 A.M - ANDREW AND LINDA ish an existing single family dwelling and TOGA#7219—Request for a Variance from construct a new single family dwelling,at;1) Article XXIII, Section 280-124 and the located less than the code required minimum Building Inspector's May 16,2018,Amended front yard setback of 35 feet;located at:1305 August 1,2018,Notice of Disapproval based Sigsbee Road, Mattituck, NY. SCTM No. on an application for a building permit to 1000-144-2-6. construct additions and alterations to an exist- The Board of Appeals will hear all persons ing single family dwelling,at;1)located less or their representatives,desiring to be heard at than the code required minimum rear yard each hearing,and/or desiring to submit writ- setback of 50 feet;at:2425 Mill Creek Drive, ten statements before the conclusion of each (Adj.to Arshamomaque Pond)Southold,NY. hearing.Each hearing will SCTM#1000-51-6-40. not start earlier than designated above.Files 11:00 A.M -RICHARD AND SIOBHAN are available for review during regular busi- HANS#7228—Request for Variances from ness hours and Article XXIII, Section 280-124 and the prior to the day of the hearing.If you have Building Inspector's August 9,2018,Notice questions,please contact our office at,(631) of Disapproval based on an application to 765-1809, or by email. KimF@ legalize an"as built"deck addition attached to LONING 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 � 1' 54375 Main Road and Youngs Avenue, Southold website http://southtown.northfork.net November 5 , 2018 Re : Town Code Chapter 55 -Public Notices for Thursday, December 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 November 19th: 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 November 26th: 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 November 28th: 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 December 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' T1t'10E U' F HEAR1i4k';i The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME : HANS , RICHARD # 7228 SCTM # : 1 000-98- 1 - 1 3 I 'ARIANCE : YARD SETBACKS VEQUESTO0 LEGALIZE 66AS BUILT" DECK EATE : THURS. , DECEMBER 6 , 2018 17 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD - -7 ZZQ ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING f_!/Jys (Name of Applicants) % Sl IFFOLK EN OIPIONIAENTAL CONSULTING,!NC. Regarding Posting of Sign upon 120. BOX 203 Applicant's Land Identified as B iiCGEHti1ViPTON,NY 11932-2003 SCTM Parcel 41000- 9$ / 3 COUNTY OF SUFFOLK) C003-ZC6G 1 ISN`NOld1^`,NMT!I0 STATE OF NEW YORK) E0 u XO0 Od res '3N11`0NonSN0O 1=3VINOUAN3 A]oJ L IS iding at New York, being duly sworn, depose and say that: On the20�* day of A. A-g� , 2019, I personally placed the Town's Official Poster, ith 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 prio to the date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this 491""' Day of 1lf-A . , 2018 MATTHEW D. IVANS --- -- _ I(JARY PUBLIC-STATE OF NEW YORK No,01 IV6053859 /�o4y Public) Qualified in Suffolk County My Commission Expires 01-22-2019 * near the entrance or driveway entrance of my property, as the area most visible to passerby. TOWN OF SOUTHOLD ��� Q ZONING BOARD OF APPEALS C SOUTHOLD,NEW YORK N� S AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel # 1000- 8 I - J?zi, COUNTY OF SUFFOLK STATE OF NEW YORK c.l"FcOLK UNIF=,Ji[iVTAL CCNSULTiNG,ill'-- I, A-"-i1w r:w, residing at s,j. P"), crrvz New York, being duly sworn, deposes and says that: E�yiMEHA,',Y7GN, V 11932-2003 On the S'VA-,- day of WO%J -`- -- , 20!9, I personally mailed at the United States Post Office ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners own 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, surround in the app 'cant's pro eA (Signature) Sworn to before me this ��day of 06VtMbW , 20\06 NMLELPATiNO Ph' Notary Public,State of New York qualified in Suffolk County No.01PA6240712 3 (Notary Public) Commission ExDhs Mav A 2019 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. • - • • CERTIFIED V RECEIPT CERTIFIED MAIL@ RECEIPT Domestic Mail Only = , r` N I Domestic Mail Only Ln 1For delivery information,visit our website at wwwusps.com�. _ t. 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A. Signature ■ Print your name and address on the reverse XAgent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. ived by(Print(AName) C. Date of Dlivery or on the front if space permits. C j 11I ?.� (� 1. Artiele Addressed to: D.rsdeilvery address t from item 1? 0 Yes If YES,enter delivery address below: 0 No Town Clerk Town of Southold P. O. Box 1179 Southold, NY 11971 F ti II I IIIIII I'll III I Il l lI II I II I I I I I I I VIII III III 3. Service Type ❑PriorityMail Express® ❑Regist ❑Adult Signature Registered MaiITm ❑�d ult Signature Restricted Delivery ❑Re laterad Mail Restricted 9590 9402 3537 7305 0518 89 ❑Certified Mail Restricted Delivery ❑Rurn Receipt for ❑Collect on Delivery Merchandise P° 2. Article Number(Transfer from service label ❑Collect on Delivery Restricted Delivery 13 Signature Confinnatjft' - 'red Mail ❑Signature Confirmation 7`016 1370 0000 6903 2489 ,red Mail Restricted Delivery Restricted Delivery sr$500) Ps Form 381 1,July 2015 PSN 7530-02-000-9053 Domestic Return Receir' SECTIONSENDER: COMPLETE THIS ■ Complete items 1,2,and 3. A. Si to ■ Print your name and address on the reverse X D Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. eived b (Printed Name) C. Date of Delivery or on thik front if space permits. I f�V J' 1. Article Addressed to: d. Isldelivery address ifferent fro s If YES,enter delivery a j below Bt�er Eugene J Revoc Trst B r Ann R Revoc Trust \ PO ox 934 Y Cutchogue, NY 11935 �ob-�1b�' IIIIIIIII IIII 111111111111111 IN 111111111111111 ❑�0ASdultSgnatureeRestricted Deliver ❑R�DelvisteredMailPriority Mail Restricted 9590 9402 3537 7305 0405 79 certified Mail® Retum ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery [3 Signature ConfirmationTm -sured Mall ❑Signature Confirmation 7 017 2680 0000 7653 7854 ver$ssuredoo)Mail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *OF SU!/TyO 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric DantesCA Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. ;Ie �°p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �ly`,oU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. 631 765-1809•Fax 631)765-9064 1, " AUG 1 7 2018 August 17, 2018 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7228 HANS, Siobhan Dear Mark: We have received an application to legalize an "as built" deck addition 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/site plan : John Metzger Dated : December 11, 2017 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *oE SU(/r�,o 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. G aO@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,YC,o Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax (631) 765-9064 August 17, 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 #7228 Owner/Application : HANS, Siobhan Action Requested : Legalize an "as built" deck addition 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 Ch ers n By: Encls. Survey/Site Plan : John Metzger Dated : December 11, 2017 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��Of S�UjyO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, y� Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,YC�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 December 26, 2018 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA File# 7228 Hans, 2125 Pine Tree Road, Cutchogue SCTM No. 1000-98-1-13 Dear Mr. Anderson; Transmitted for your records is a copy of the Board's December 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, �t Kim E. Fuentes Board Assistant Encl. cc: Building Department WOTE.. INSTALL IY2! 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